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Friday, May 29, 2020

Good Read: Gregg Jarrett On Rod Rosenstein

Like Joe diGenova, FoxNews legal analyst Gregg Jarrett is no fan of Rod Rosenstein. He shares his views today:


Jarrett directs plenty of invective Rosenstein's way, beginning with this:

Former Deputy Attorney General Rod Rosenstein is a master of prevarication and deflection. He holds an M.S. in BS and a Ph.D. in vacuous excuses. He’s a professor emeritus of duplicity and deception. As a prodigious suck-up, he’s the Eddie Haskell of lawyers.

We can expect Rosenstein’s skill set to be on full display Wednesday when he finally and belatedly appears before the Senate Judiciary Committee as its first witness in an investigation into the origins and evolution of the fallacious Trump-Russia collusion probe.

However he also gets into substantive matters:

Rosenstein’s testimony comes at a critical juncture. Just recently, the FBI document that launched the Trump-Russia witch hunt was declassified and made public. The FBI Electronic Communication (EC) dated July 31, 2016, identifies not a single scrap of plausible evidence that justified the bureau’s investigation of the Trump campaign.

Under FBI regulations governing the opening of a formal probe, the agency is required to present specific articulable facts and credible evidence in support of a crime. None was stated in the EC. Hence, there was never a factual predicate nor a reasonable basis that warranted what then-FBI Director James Comey’s bureau was doing.

Moreover, there was no reliable intelligence information to merit a counterintelligence probe, ...

...

Given this newly discovered information, Rosenstein must be asked during his Senate testimony about his knowledge of the FBI’s corrupt conduct in triggering an invalid investigation of Trump. When then-Attorney General Jeff Sessions recused himself, Rosenstein was placed in charge of the case in April 2017. Did he examine the FBI file and discover it was devoid of evidence and therefore illegitimate? How could he not? Why didn’t he expose the truth?

Did Rosenstein question Comey, Strzok and others at the FBI about any of this or demand that they produce some tangible evidence that would justify the continued investigation? Why didn’t Rosenstein shut down an obviously illicit probe of the president? He had every opportunity to do so, but did not. Instead, he accelerated and elevated the investigation to a more dangerous level.


32 comments:

  1. Did Rosenstein question Comey, Strzok and others at the FBI about any of this or demand that they produce some tangible evidence that would justify the continued investigation? Why didn’t Rosenstein shut down an obviously illicit probe of the president?

    Rosenstein:

    I appointed Mueller to do all that, and I trusted him.

    And Mueller informed the public that no Americans colluded with Russian Intelligence. Isn't that what you wanted to happen?

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    1. No doubt he'll explore those rationalizations, but you can't get around the harm done and the civil rights violated. He can't appoint Mueller to make those determinations re predication--by statute/regulation he was the guy who was charged with that determination. Mueller was, in that sense, simply following Rosenstein's commands. Of course, Mueller had the responsibility of telling RR that he couldn't find anything as soon as he couldn't.

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    2. That's some pretty deft buck-passing.

      RR: I appointed Mueller to do that. He was the special counsel.
      RSM: I did what I was tasked to do. He was the acting AG.

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    3. Ultimately he has to convince Bill Barr. From RR's demeanor in his last days at DoJ it looked like that would be a hard sell.

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    4. MW wrote:

      >> He can't appoint Mueller to make those determinations re predication--by statute/regulation he was the guy who was charged with that determination. Mueller was, in that sense, simply following Rosenstein's commands. Of course, Mueller had the responsibility of telling RR that he couldn't find anything as soon as he couldn't. <<

      Saying the Mueller investigation's purpose was to find predication for the investigation is classic example of circular reasoning, and is the legal equivalent to claiming the purpose of the Eiffel Tower was so they could put a red light on top to prevent airplanes from hitting it.

      This doesn't even pass the grade school mentality plausibility test.

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    5. Exactly.

      RR: “I had no idea if there were grounds for a special counsel, so I appointed one and figured he’d let me know.”

      As Mark says, I’d be surprised if Barr has him on a long enough leash to let that one fly. Still, with this crew you just never know.

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  2. I'll share my two cents. RR is a follower and not a leader. If he was a leader he wouldn't have allowed himself to be so deeply influenced by Comey/McCabe. Having a previous "tight" relationship w/Mueller also negatively influenced his ability to stay objective. That being said, as I've commented in previous blogs, I believe he may have had a personal "Come to Jesus" meeting w/himself. 30 years in law enforcement service and he'll only be remembered for the last one. Sad reflection but I think this will allow him to "come clean" w/great personal risk. We'll see how much influence Barr had on him prior to him leaving the agency. Thinking of getting a boat load of popcorn and cherry coke to take this day off of work.

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  3. I disagree, American Cardigan. I don't believe RR had a "back to Jesus" moment.

    He wrote the memo recommending that the President fire Comey, thinking that that would make his colleagues (and the President) happy, since no one seemed to like Comey. He was shocked that it made his colleagues VERY unhappy.

    He solicited recommendations from the fired Comey, McCabe and Weissman about who he should appoint as SC, in an attempt to mollify them and to get back in with the Cool Kids.

    After that, he became a poor imitation of Sgt. Schultz, rubber-stamping anything he was presented with, i.e., the Scope Memos, which I don't believe he drafted without heavy input from the Cool Kids.

    What I'd like to know is who recommended him to Jeff Sessions, who apparently did not know him.

    Review the tape of RR standing on the dais with Barr. He's stone-faced but obviously very uncomfortable. I think that's when he realized that an entirely different gang of Cool Kids were planning his future and it wouldn't be a pleasant one unless he flipped on his former gang.

    RR is nothing more than a Wanna-Be. He has no moral compass. He caves to whoever he perceives to have power. A perfect bureaucrat.

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    1. @Anne Sherman; I believe you are reinforcing my point. His personal reflection on his actions came about after Barr was appointed and confirmed. I believe we are in agreement.

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    2. Don't care. As Thulsa Doom said, "Let him contemplate it on the tree of woe."
      Tom S.

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    3. I've always considered a "back to Jesus" moment as one where a person realizes he's done wrong and repents of his action. RR fails on this score. He sees no difference between right and wrong, only what's expedient to save his sorry hide or create an advantage for himself.

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  4. Rod Rosenstein is one sad chameleon. He wanted to please everyone, and ended up pleasing noone.

    But he's plenty worse than that. As Mark said, much was damage was done by his actions. From the evidence we have, I believe he was serious about wearing a wire to help take out DJT. His lack of action to stop the investigation is unconscionable. I'm not in the least sad for him and that his reputation has been soundly ruined.

    The only time I saw him really squirm was when Jim Jordan was grilling him under oath about what information he had and whether he verified before he signed the last Carter Page warrant. He is the consummate deep-stater and putrid swamp denizen.

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  5. Omg. What a SHORT phone call. No mention of sanctions by Flynn. They lied through their teeth to screw him.

    https://www.thegatewaypundit.com/2020/05/breaking-dni-ratcliffe-releases-flynn-kislyak-transcripts-senators-grassley-johnson-flynn-not/

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    1. It was IMPOSSIBLE for Flynn to have discussed "sanctions" (which are economic/financial restrictions) in a call on the 29th of December when the Obama Administration had not finalized the "sanctions" order until after the First of 2017.

      Flynn's focus in the discussion was on the Russian response to expulsions and whatever other actions the Obama administration would eventually would impose.

      The Obama admin reacted with visceral anger and bewilderment when they realized Putin didn't take the bait and escalate the response, and when they found out Flynn had prevailed on the Russians to let cooler heads prevail, they were out to destroy him.

      This reaction betokens the Obama Admin's real objective in expelling the Russians and applying sanctions a few days later: they wanted to "provoke the bear" and create a foreign policy crisis for the Trump admin to deal with before they had even taken office.

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    2. From the WaPo 12/29/2016:

      The Obama administration announced sweeping new measures against Russia on Thursday in retaliation for what U.S. officials have characterized as interference in this fall’s presidential election, ordering the expulsion of Russian “intelligence operatives” and slapping new sanctions on state agencies and individuals suspected in the hacks of U.S. computer systems.(Snip)

      Taken together, the sanctions and expulsions announced Thursday were the most far-reaching U.S. response to Russian activities since the end of the Cold War, and the most specific related to Russian hacking. The administration also released a listing of addresses of computers linked to the Russian cyberattacks and samples of malware inserted into U.S. systems.


      He issued an EO which was an amendment to an earlier EO which had placed sanctions.

      https://www.washingtonpost.com/world/national-security/obama-administration-announces-measures-to-punish-russia-for-2016-election-interference/2016/12/29/311db9d6-cdde-11e6-a87f-b917067331bb_story.html

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  6. Rosenstein is dirty and very worried, but he will play the part that has been written for him.

    Lyndsey Graham has him teed up first in front of the spotlight for a simple reason. His mission is to make the case that the RussiaHoax (and the Flynn, Manafort, Papadopolous & Stone persecutions) were all justifiable actions based upon the information that was available to them at the time. He will concede that, in hindsight, mistakes were made, some decisions were misguided, and some actions may have been potentially unlawful; but all of it was done in good faith with the best interests of the country in mind.

    He will attempt this with an opening statement prepared by the Deep State's lawfare committee and then answer questions as obtusely as possible. His primary role is public penance and he will serve himself up as a punching bag and dutifully absorb all the ridicule that will be heaped upon him.

    The Deep State hopes that this tactic will diffuse public anger and start the process of massaging the jury pool for future trials in the DC courts. The media has already been primed with narrative storylines designed to create sympathy for most of these conspirators and hopefully stop the bleeding by offering up Brennan as the ultimate fallguy.

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    1. I'm not entirely sure. I'm far from a Graham fan, but he will need for his own purposes to stage a major show of indignation and make accusations. He may allow RR to try to pass blame onto McCabe and others, but he will want to look strong.

      The other side is, he may have been waiting for this at Barr's request. Sidney Powell said the other night that she assumed that the reason for the delayed releases of docs had to do with Barr/Durham using it for investigative purposes. The same may be true here. RR is probably never going to cop to his full role--he needs a fig leaf of some sort for a deal.

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    2. I am hoping Graham pulls himself together and has some more Kavanaugh moments. His performance during the confirmation made up for years of hallway bloviating into any available mic/camera and his designation as big talk/little do.

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  7. All he tried to do, successfully I might add, was to limit Russian retaliation to the sanctions. Limit the damage from the diplomatic sabotage of Obama, the duplicitous slimeball.

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  8. https://twitter.com/RepAdamSchiff/status/1266496239698432004

    No surprise. Rep. Adam Schiff doubles down.

    Of course, regardless of the subject matter, the transcript itself is not evidence of a 1001 offense. That would be based on whatever Flynn told Strzok and Pientka, and even then subject to predication and other defenses.

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  9. RR cannot justify anything anymore.

    As Sundance likes to say, we know too much.

    (Note, too is verboten in most if not all spell checkers, so we get the preposition that has a different meaning than the adverb ... and this has been observed in official documents and not just online posts where type ahead guesses for ya)

    - TexasDude

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  10. Is it really just a coincidence that our cities are blowing up (fuses lit by well-equipped, white antifa members) just as these transcripts drop?

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    1. Those riots have nothing to do with the deceased Floyd and everything to do with the mass chaos that BLM activists like DeRay McKesson orchestrated and set in motion via his laptop after the Michael Brown shooting in Ferguson. These are riots. Activists of all colors involved. Joined together on social media like a string of firecrackers… We know at least one who finances this stuff...

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    2. There are no coincidences.

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    3. Yup. He may be the most dangerous person in the world.

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    4. Social media: the gift that keeps on giving. Its greatest blessing on society, the ability to activate national lynch mobs.
      Tom S.

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    5. In fairness, how else would we have learned that white supremacists and Russians are behind the rioting?

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    6. From MSNDNC.
      I don't think they got that only from social media.

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  11. Here are the Flynn/Kislyak transcripts: https://www.scribd.com/document/463584194/Flynn-Kislyak-CR-Cuts-and-Transcripts#fullscreen&from_embed

    I'll be damned if I can see one thing Flynn did wrong.

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  12. Rosenstein has always seemed to be a Uriah Heep in this story. The ‘umble guy who slithers around, manipulating situations and the actions of others but never disclosing his own guilt… Eventually caught and ending up in prison, Heep remained a man beset by malice.

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