JARRETT: [Speaks about how "dossier" credibility has been destroyed by John Solomon.]
diGENOVA: Well, the most important thing about the spreadsheet is that it proves conclusively that the Bureau knew, before it ever filed the first FISA warrant, that everything, they couldn't verify it, and they told the FISA court four times that they had verified the information in the application for the wiretap on Carter Page, and that was a lie. And those four applications constituted crimes and everybody involved in that process at the senior levels of the FBI and at the senior levels of the Justice Department knew that. And we are told that there are Justice Department officials who were very concerned about it, but not one of them stepped up and stopped the filing of those four FISA warrant applications. There were crimes committed, just there, plus many other crimes as well.
JARRETT: Well, and keep in mind, and I would ask Mueller this question Wednesday--assuming he'll testify, and I don't know if he will, really--but I would say, Wait a minute! The fourth FISA warrant application happened on your watch, yours and Rod Rosenstein's watch! Rosenstein signed off on it, the June, 2017, FISA warrant! Were you in on that? Were you submitting an unverified application, when on the top of it it says 'verified'?
TOENSING: Yeah, well, we have a few more questions, too, for Mueller, who, he certainly can answer process questions, like, Did you ever know that Andrew Weissmann, when he was head of the Fraud Section--which, by the way Greg, I used to supervise, so I know what the portfolio is--were you ever told that he was briefed on the "dossier" and so therefore it would have been a conflict for him to be on your staff for the Special Counsel? Were you ever told that Andrew Weissmann told journalists that the "dossier" was just fine and dandy--when he was head of the Fraud Section? So it would have been a conflict? We have all kinds of those questions for him that are not about the investigation but about process.
The second passage concerns Mueller's visit to the Oval Office with Rod Rosenstein the very day before Mueller was named Special Counsel. That visit has all the appearance of a setup, a undercover recording of the President of the United States that violated standard White House security. There would need to be a written justification for that type of operation (called, in my day, "consensual monitoring"), specifying the investigative justification, including the crime being justified. Does such paperwork exist and, if not ...
If not, that should constitute a crime in which, an abuse of authority under color of legal right. Mueller, Rosenstein, and others would be complicit in it. Which is fascinating for the Barr/Durham investigation going forward:
JARRETT: Y'know, the number one question I would ask, Joe, is: Mr. Mueller, the day before you were appointed Special Counsel [diG, 'Yes,' laughs] you were sitting in the Oval Office with the President, and isn't it true he told you his reasons for firing James Comey--which makes you a witness in your own prosecutorial case, which you cannot do under any circumstances. I'd love to hear the answer to that one!
diGENOVA: Yeah. And the other thing is, remember something very interesting that hasn't been written about occurred. Bob Mueller went into that meeting with Rod Rosenstein and there was just the three of them in the Oval Office, and Bob Mueller had a telephone with him, a cell phone. He left that cell phone in the Oval Office after the meeting and it is now believed by many people that the cell phone was used to broadcast the meeting between the President, Rod Rosenstein, and Bob Mueller back to FBI Headquarters where they recorded the conversation with the President. Now, why would you leave your phone in the President's office after a meeting? It was to continue to record what happened after they left!
TOENSING: How did they get in there with a phone? We always have ours taken out!
diGENOVA: That's right!
TOENSING: You have to put 'em in a locker, so there's something right there but, you know what, Greg? If that was a crime, if people considered it a crime, anywhere near a crime, to fire Comey, why didn't Rosenstein put that in his authorization for a Special Counsel? You're supposed to name crimes! He never once ...
JARRETT: Mueller was conflicted, Rosenstein was conflicted, they hired a team of partisans, it was all a ... witchhunt! The name of my next book!