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Thursday, May 28, 2020

News: Bash, Rosenstein, Sullivan

Catching up on the news right now--we can do it quickly.

AG Barr has appointed John Franklin Bash III--currently US Attorney for the Western District of Texas (i.e., San Antonio) to probe more deeply into "certain aspects" of the Deep State unmaskings of Donald Trump and members of his campaign and administration--which is to say, the "certain aspects" will concern unmaskings that took place both "before and after the 2016 election." That's according to FoxNews. DoJ spokeswoman Kerri Kupec noted that while unmasking isn't illegal, what Barr is having Bash examine could play into the bigger picture investigation that John Durham is conducting:

"Unmasking inherently isn't wrong, but certainly, the frequency, the motivation and the reasoning behind unmasking can be problematic, and when you're looking at unmasking as part of a broader investigation -- like John Durham's investigation -- looking specifically at who was unmasking whom, can add a lot to our understanding about motivation and big picture events."

"Big picture?" Can you say "conspiracy"? I sure can. As I noted last night in a comment, Bash will certainly be examining whether any unmaskings can be associated with illegal leaks targeting the Trump administration, which have been rampant right up to the present. However, even unmaskings that cannot be associated with specific criminal acts may be associated with the "big picture" conspiracy. If those unmaskings can be seen to be in furtherance of the conspiracy, they become criminal acts in and of themselves. Obviously Barr thinks that Durham has come up with something that's worth pursuing regarding the unmaskings. He wouldn't be pulling a US Attorney from a major metro area if he didn't think so.

Interestingly, Bash has the distinction of having been one of the very few non-girl law clerks for Brett Kavanaugh.

Moving on.

When the DC Circuit took up the Flynn camp's petition for a mandamus directed at Sullivan, the three judge panel, in addition to ordering Sullivan to respond, "invited" the government to also file a response. DoJ has confirmed, as expected, that they will file a brief that will reiterate the position they stated previously: that the Flynn prosecution should be dismissed with prejudice.

No surprise here. It would have been passing strange if DoJ had ignored the DC Circuit's invitation.

Finally, we learned yesterday that Rod Rosenstein, former Deputy AG and Acting AG and ringmaster for all things Russia Hoax related--especially Team Mueller--will voluntarily testify before the Senate next week. If some really obvious questions are asked--and pressed--Rosenstein's testimony might prove to be of interest. Presumably Senator Graham has consulted with AG Barr about the parameters for Rosenstein's testimony--which may be circumscribed by some prior agreement with Barr and Durham.

The Russia Hoax world seems to be divided into two camps: those who think Rosenstein was either a dupe or a Trump mole in DoJ, and those who regard him as an evil weasel. I'm pretty firmly in the latter camp. In that regard, Debra Heine has dredged up some of Rosenstein's emails dating back to 2017, and it's all highly incriminating as regards Rosenstein's total complicity in the plot against the president. We've seen these before, but it's an excellent reminder--Key Questions Former DAG Rod Rosenstein Should Be Asked at Senate Oversight Hearing Next Week:


On May 8, 2017, Rosenstein wrote a memo to President Trump recommending that FBI Director James Comey be fired. The next day, President Trump fired Comey. Just three days later, on May 12, Rosenstein sent an email assuring Robert Mueller that “The boss and his staff do not know about our discussions.” 
In a May 16, 2017 email, sent the day before Mueller’s appointment, Rosenstein emailed former Bush administration Deputy Attorney General and current Kirkland & Ellis Partner, Mark Filip stating, “I am with Mueller. He shares my views. Duty Calls. Sometimes the moment chooses us.” 
On May 17, he appointed Special Counsel Robert Mueller to conduct the investigation into “any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump” as well as any matters arising directly from that investigation. 
Some time between May 8 and May 17, according to then-acting FBI Director Andrew McCabe’s notes, Rosenstein met with McCabe and other senior Justice Department and FBI officials to discuss wearing a wire into the oval office to spy on Trump, as well as invoking the 25th Amendment to remove the president. 
When McCabe’s claim was made public, Rosenstein denied the charge, calling it “inaccurate and factually incorrect.” However, McCabe’s notes about the meeting  (also released by Judicial Watch), tell a different story: “The DAG proposed that he could potentially wear a recording device into the Oval Office to collect additional evidence on the President’s true intentions,” McCabe wrote. “He said he thought this might be possible because he was not searched when he entered the White House. I told him that I would discuss the opportunity with my investigative team and get back to him.” 
... 
Rosenstein will undoubtedly also be asked to explain why he signed the June 2017 Foreign Intelligence Surveillance Act (FISA) warrant application to renew surveillance of former Trump adviser Carter Page. The FISA warrant was based heavily on the now discredited Steele dossier. 
... 
The former DAG is also likely to be asked to explain his three “scope memos” to Special Counsel Robert Mueller. [The memos significantly expanded the Mueller Witchhunt.]

And there's more.


41 comments:

  1. And from the political arena, Debra Heine brings us:

    Former Mueller Prosecutor Andrew Weissmann Now Fundraising for Joe Biden
    https://amgreatness.com/2020/05/27/former-mueller-prosecutor-andrew-weissmann-now-fundraising-for-joe-biden/

    This little bundle of charisma is even quitting his gig at MSNBC as he knows fundraising for a candidate is against their policy.

    Can’t wait to hear what Sidney Powell has to say about this… at some point...

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    1. @Bebe: Love the "Little bundle of charisma". Outstanding.

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  2. From the article on Weissman,

    “We’re doing a large criminal referral on the Mueller dossier team that put together a fraudulent report — that knew there was no collusion the day that Mueller walked in the door,” said Nunes. “They set an obstruction of justice trap. There’s no doubt in my mind that we will make a conspiracy referral there.”

    When he joined the MSNBC team last Fall, Weissmann was focused on the effort to oust President Trump from office. The impeachment hoax ultimately failed and now as the entire Russia hoax is completely unraveling and implicating many FBI/DOJ bad actors in the process. It’s no wonder that the “the poster boy for prosecutorial misconduct” is doing what he can to help get Biden elected.

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    1. Yep, Nunes is describing a major part of the Big Picture conspiracy.

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  3. While we have wanted many of these snakes to be sat down and questioned under oath, it strikes me as strange that Barr would acquiesce to such a pivotal figure as Rosenstein be offered up unless he is a cooperating witness. The 25th Amendment ploy may be off limits due to 5th Amendment grounds unless a deal has already been struck, but questions on his FISA sign offs seem a near certainty.

    DJL

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    1. RR being offered up as he's had a personal "Come to Jesus meeting" with his true self and has reflected on how poorly he performed his duties and wants to "come clean" with his ultimate maker.

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  4. Replies
    1. Everyone needs to be reminded. When you realize and think about the enormity of this

      https://www.realclearpolitics.com/articles/2020/05/27/what_the_obamagate_scandals_mean_and_why_they_matter.html

      the next step is to place the blame where it belongs. Ultimately, this could not have happened without the complicity of RR. He was the gatekeeper, and he threw the gates wide open, knowing what the laws and constitution mandated him to do. And he acted in contradiction of that clear duty.

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    2. Sessions shares in the blame by recusing.

      I'm conflicted about his senate candidacy. He is good on immigration, better than Coach Tommy, I understand. But he was AWOL during the RussiaHoax.

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    3. Sessions brought us Rosenstein, and Rosenstein threw thegates wide open. In other words, he enabled what came next.

      Sessions should retire. Quietly.

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  5. Hi Mark,

    Things are heating up nicely!

    FYI, it is Mr. Bash'es wife Zina who clerked for Mr. Kavanaugh. https://en.wikipedia.org/wiki/Zina_Bash

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  6. Mark, I am in error, apologies! I see that John Bash also clerked for Judge Kavanaugh along with his wife.

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  7. I never heard about Rosenstein's May 12 & 16 emails. Pretty damning for both RR and RM!

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  8. It does make one wonder about the degree of knowledge that various actors possessed. I'm not trying to offer anyone outs, just trying to examine the plank in my eye first, so to speak..

    For instance, if Brennan emerges as the prime mover, pushing the Russia-DNC hack narrative and instigating and fabricating all of these Friendly Foreign Government activities until they bore enough fruit to hit the FBI's radar, prompting them to take the Steele Dossier more seriously (as a tool if not actual facts), then doesn't that suggest that some, even many, of the FBI actors were deceived into their course of action?

    Of course they still committed crimes. Maybe there's no legal distinction in the types of crimes that you have been discussing (conspiracy to deprive civil rights), but it seems to me that there would be at least a small moral distinction.

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  9. My prediction (feel free to chime in Mark) is RR will sit for the committee meeting, take a giant Mea Culpa dump, reflect on his duty as a law enforcement agent, tell us all he's since resigning had a personal "Come to Jesus" meeting with himself, and express his failures as an agency leader. He'll take his lumps, give a few as well and life moves on...

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    1. I don't doubt that he'll do what he can to minimize his own culpability while maximizing that of McCabe (in particular). The record shows, however, that he was fully responsible for his actions, and Barr/Durham know that. Until proven wrong, I'll assume he cut a deal long ago that factors in his culpability in return for full cooperation. We'll see.

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    2. Agreed, government's star witness in some respects.

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  10. Interesting...Ron Johnson schedules a meeting to decide on subpoenas the day after Rosenstein testimony as well. So not just Graham's committee will be voting on subpoenas on the 4th.

    https://twitter.com/CBS_Herridge/status/1266026767351009291

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  11. Fwiw, Cates is doubling down on RR as purposeful mole, saying participating in crimes/wrongdoing is part of the job description.

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    1. Cates is an idiot. Participation in crimes is not part of the job description.

      You can read about participation in "otherwise illegal activity" in these guidelines:

      https://fas.org/irp/agency/doj/fbi/dojguidelines.pdf

      starting at p. 19.

      For a handy chart that shows what criminal activity can never be authorized--which includes most of what happened in the Russia Hoax--go to p. 9 here:

      https://www.gao.gov/assets/680/672514.pdf

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  12. The appointment of Bash to look into the "Festival of Unmasking" for further insight into the Russia Collusion Hoax potentially helps illuminate an interesting strategy by Barr/Durham:

    Bash is the third such US Attorney that Barr has assigned to conduct investigations that are related to Durham's Russia Collusion Hoax "umbrella" investigation (and the 4th if you count the US Attorney in PGH who was asked to review Guiliani's Ukraine evidence.)

    I assume these US attorneys are operating out of their regular offices, which means if they are working up indictments, it will be via GJs in their respective home office areas, rather than in DC -- The Heart of Darkness.

    So this means Durham plus 3 investigations(or 4, counting the Ukraine investigation) are going on concurrently, with separate GJs in separate geographical areas and Judicial circuits.

    This makes the overall umbrella investigation go much faster, and, this is the real beauty, the subordinate investigations are conducted in multiple jurisdictions that are geographically separated, which makes spying on the Grand Juries much more difficult for the coup plotters.

    DC courthouses are loaded with Democrat operatives who likely leak like sieves if the Dems need them to, but trying to line up spies in 4 or five different jurisdictions outside of DC and keep track of what evidence is being presented in 4-5 separate GJs is likely more than the coup-plotters can manage.

    Hence, I conclude part of Bar''s strategy of franchising aspects of Durham's investigation is to thwart the co-conspirators, and keep them in the dark until indictments are ready to be unsealed.

    Smart move by Barr.

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    1. Too many assumptions re GJs etc.

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    2. Do you mean, too many assumptions by EZ, e.g. about how hard it'd be, for the perps to have spies effectively tracking each GJ?

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    3. No. I mean I very much doubt that they're working up indictments scattered all over the country. For starters, how would they establish venue in San Antonio for crimes that were committed by persons in DC? My working assumption is that guys like Bash--as opposed to Jensen who appears to working in DC--will largely be reviewing documentary evidence that was generated in the normal course of government business--no need to acquire them through GJ process. What his investigation in that sense establishes will be provided to Durham for use in the big picture conspiracy case in DC.

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    4. As I understand it, only an outright trial need
      establish venue, for crimes that were committed by persons in, say, DC.
      I'm told that a GJ need not establish venue like that.

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    5. Double-check on the GJ venue issue, it looks like, indeed, "regular" venue also does applie to GJs.

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  13. Thanks for that, EZ. Was about to ask just that question.

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  14. I'll admit to being in the "RR is a dupe" camp from a year ago or so, inasmuch as Mark probably has the better argument. I can only explain RR's conduct as someone in over his head, afraid of the appearances (and repercussion from senior FBI/DOJ personnel) should he slow down, halt, and question the provenance of the on-going investigation. This is very much the character of The Peter Principle, and I think RR fits.

    To posit RR as a Trump mole is a tautology: the DAG is appointed by the president. Who else should he work for, report to, and provide feedback and professional judgment?

    Evil? Well, Mark's got that covered pretty thoroughly. In defense of my suggestion, I think RR can be both a dupe and evil. In either case, he's a willing participant.

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    1. "willing participant"

      That's really the bottom line. None of the explanations for his conduct that address personal issues can excuse that. Ultimately he made a choice that had no legal basis at all, yet he did so when he was holding a position that required to establish the legal basis.

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  15. Whoa!

    Priebus on Hannity just now, appears to have "let the cat out of the bag" ...

    Discussing the new Bash-led "unmasking" investigation, Priebus talked about what it was like the first three months of the Trump admin dealing with almost daily leaks from anonymous officials...

    ... he then said (paraphrasing as best I can) that there was a "web" inside the NSC behind these continual leaks and allegations, and that their communications, emails, coordinating this leaking must come out, and will come out.

    The tacit implication is that they've got these communication records of the NSC web of leakers, and it will be made public.

    Add that to what RR may testify to next week in the Senate, and we may be seeing the paradigm of "Russia Collusion/righteous investigation" that has been 3+ years in the making obliterated, which is a necessary step before the public will be willing to accept the possibility that it was the Obama Administration, and their Deep State hangers-on, who were corrupt, who politicized the Justice and Intel functions of the US government for partisan political purposes in support of a conspiracy to commit a soft coup attempt, and any indictments flowing therefrom.

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    1. I've always assumed that Durham would be looking at all that stuff. It's all government records, readily available to him. Just like OIG did. But, this fits in very much also with the post "How Deep Will Durham Go." I contend that it's at least possible that he'll go all the way to the Ukrainian Hoax false impeachment plot.

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    2. YES!

      And that may lead to what the Ukraine Hoax Impeachment was designed to cover-up -- likely massive money laundering/kickbacks in Ukraine, which leads to Joe and Hunter Biden, and lots of other nervous politicians and government officials!

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    3. @Mark

      "It's all government records, readily available to him."

      I've been meaning to ask: Does this mean that Durham can get all of Comey and McCabe and Brennan's etc. government emails and text messages? How about Mueller and Weissmann's?

      I wonder how they communicated?

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    4. Yes. No one using an employer's email/text facilities has an expectation of privacy. That's especially true in the government. That's the short story, but count on it. That's why we regularly hear, esp., about the importance of the Comey/Brennan email exchanges.

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  16. Don't know if Heine mentions this, but Mueller referred a sweatheart plea deal to RR as part of Mueller's whitewash of Hillary and Bill's Uranium One dealing.

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  17. I want to take this opportunity to insult "judge" sullivan. His clerks do the thinking. He does the talking. How do I know? Beyond the obvious reasons, here's Robert Barnes May 24:
    "I'll give you everybody a little secret about - just, so I've been keeping quiet for a long time because there was a chance I was gonna represent general Flynn in front of him.
    And the, it's that Judge Sullivan is known as being as dumb as a bale of bricks. So, that, there's no other way to put it. The guy is not bright. So it doesn't, put it this way, does not surprise me that Sullivan would contradict his own orders."
    https://www.youtube.com/watch?v=akY4ns-1qu4&t=20s

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  18. breaking:

    Flynn/Kislyak call transcripts:

    >> https://www.scribd.com/document/463573448/Flynn-Calls-1

    He was framed.

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