CTH shared a prediction in September 2018 which bears repeating. However, prior to revisiting the past let us overlay today’s events. Keep in mind, much of what is happening is downstream from predicate events that took place long before AG Bill Barr was confirmed to run the DOJ. Actually, while not intending to defend Bill Barr, some of the recent events are beyond his control. Here’s how:
First, if you remember when the 568 page IG report on FBI/DOJ conduct was delivered in June 2018, you might remember how the ‘executive summary and conclusions’ were disconnected from the main body of evidence within the report. In 2018 CTH warned this “disconnect” was by design; essentially the corrupt officials were laying down a defense for any conduct, later outlined, that is connected to the body of the IG review.
When IG Horowitz announced last year he could find no evidence of actions taken as a result of political bias by FBI and DOJ officials; he also stated he could not rule out bias within their investigation. Horowitz pointed to the lack of action by FBI Agent Peter Strzok -following the September 28th, 2016, notification of Clinton emails on Abedin laptop- as lacking reasonable explanation. Essentially, despite suspicions, the summary conclusion was the IG could find “no evidence of intentional wrongdoing“.
The 568-pages contained a multitude of examples of FBI misconduct (media leaks etc.), but the same IG report summary said “no illegal activity was discovered.” In the Sessions/Rosenstein led DOJ there was a disconnect between the summary/conclusions and the body of evidence.
With that in mind, how could the Bill Barr DOJ prosecute on evidence of behavior from within a report where the Rod Rosenstein DOJ conclusion was no evidence of “intentional wrongdoing”?
In short, he can’t.
Think about how easy it would be for a defense attorney representing one of the accused officials detailed in the IG report…. Take the IG report, which outlines the events for which the client is being prosecuted, and simply say: “the conclusion of the FBI investigation said “no evidence of intentional wrongdoing” so why is my client being charged?”
It’s a circular defense created by a prior conclusion. If there was no evidence of intentional wrongdoing, the downstream events cannot be prosecuted. This is by design. The design explains this:
Now, having said that, let’s expand on prior words of caution.
QUESTION: If the DOJ Office of Inspector General found no intentional DOJ and FBI malfeasance in the June ’18 report covering the totality of the 2016 election; and no direct evidence of political bias within the decision-making of the officials being reviewed; what’s the likelihood of the same OIG finding malfeasance as it relates to DOJ/FBI *FISA activity* and the exact same people?
The extensive OIG election-period report found no DOJ/FBI misconduct (only some bad judgement). There were no criminal referrals. There were recommendations for internal improvement, which FBI Director Wray said the FBI would implement (link).
It’s important to note the Office of Inspector General FISA review/investigation of potential FISA abuses (opened March 28th, 2018) was launched three months prior to the “Election Activity” final report in June 14th 2018. There was obvious investigative overlap; however, the June report said “no evidence of intentional misconduct.”
The time frame covered by the “Election Activity” review (OIG report 2) and the “FISA Activity” review (OIG report 3) are the same. The topics are different (FISA being more specific), but the people under review and time-frame therein are identical.
If the OIG found no intentional corrupt activity in the June ’18 report (only bad judgement); no referrals were made; and time period and people are exactly the same; how can the OIG produce a post-facto FISA review report with substantively different conclusions? It seems unlikely.
However, that said, there is a narrow window of potential optimism for those seeking some measure of accountability inside IG report #3.
DOJ Official Bruce Ohr is likely still employed for the same reason the dispatch of Peter Strzok and James Baker was delayed prior to the finalization of IG report #2. The OIG and INSD (inspection division) can only reach those still inside the system.
On the narrow issue of how the DOJ and FBI assembled, handled and used the FISA application (and subsequent Title-1 surveillance warrant), against the Trump campaign and officials therein, Bruce Ohr is a key and central witness for the OIG (link).
Mr. Ohr has testified (transcript here) that he was interviewed by IG Horowitz about his role in assembling the information that was later used in gaining a FISA Title-1 surveillance warrant without following the Woods Procedure. [Note: Mr. Ohr was never interviewed by John Huber]
Unlike the previous OIG report #2 (Election-era Issues) if the OIG can find direct and intentional “gross misconduct” (by referencing traditional and historic FISA application assembly therein), toward those officials who participated in the FISA assembly, then it becomes possible the OIG report could potentially outline that the FISA application resulted in serious fourth amendment civil rights violations. And that perspective could be a narrow opening toward legal issues for DOJ and FBI officials who participated in assembling an *intentional* and fraudulently-based application to the FISA court.
That approach is a high bar for the OIG to reach. The OIG would have to find “direct evidence” of “gross misconduct” resulting in civil rights violations. The defensive arguments by the corrupt group would be filled with legal justification(s) and internal process discussion. Lots of room for reasonable doubt.
However, with the introduction of John Durham, there’s a possibility that building this scale of evidence is exactly what AG Bill Barr is trying to accomplish.
Any finding of “fourth amendment” FISA-abuse would be adverse to the interests of the larger U.S. intelligence apparatus and institutional participants who rely on the current use of the FISA process. Current officials would want to protect it.
I suspect the team of DOJ/FBI officials who abused the FISA court, and are now watching things unfold, are also relying upon the institutional necessity of the FISA process to protect themselves from too much scrutiny and sunlight. An example of that unfortunate reality is found with HPSCI Chairman Devin Nunes advocating for FISA reauthorization on January 11th, 2018 (link); right in the middle of the explosive revelations and discoveries of potential abuse.
As HPSCI Chairman, Devin Nunes knew back in 2017 the FISA process was abused for corrupt political intent. However, he also knows FISA is a critical component and tool for the U.S. intelligence system and national security. Currently Mr. Nunes is advocating for a much larger conversation about FISA and “Title-1” authority before any further congressional re-authorization.
We can only imagine the downstream political chaos if IG Horowitz started cracking open the doors to possible civil rights violations from Obama-era FISA abuse.
Oh, believe me, those gross civil rights violations are present. [SEE HERE] The surveillance system that Obama officials assembled is massive and visible evidence of post-constitutional abuse of government databases, and violations of fourth amendment protections. But will AG Bill Barr actually be able to bring evidence of those abuses to the public?
No-one really knows the extent of the current documents and/or information that may be subject to the AG Bill Barr declassification. However, this is the original list as outlined in September 2018, and the agencies who would be involved in the declassification process:
- All versions of the Carter Page FISA applications (DOJ) (DoS) (FBI) (ODNI).
- All of the Bruce Ohr 302’s filled out by the FBI. (FBI) (ODNI)
- All of Bruce Ohr’s emails (FBI) (DOJ) (CIA) (ODNI), and supportive documents and material provided by Bruce Ohr to the FBI. (FBI)
- All relevant documents pertaining to the supportive material within the FISA application. (FBI) (DOJ-NSD ) (DoS) (CIA) (DNI) (NSA) (ODNI);
- All intelligence documents that were presented to the Gang of Eight in 2016 that pertain to the FISA application used against U.S. person Carter Page; including all exculpatory intelligence documents that may not have been presented to the FISA Court. (CIA) (FBI) (DOJ) (ODNI) (DoS) (NSA)
- All unredacted text messages and email content between Lisa Page and Peter Strzok on all devices. (FBI) (DOJ) (DOJ-NSD) (ODNI)
- The originating CIA “EC” or two-page electronic communication from former CIA Director John Brennan to FBI Director James Comey that started Operation Crossfire Hurricane in July 2016. (CIA) (FBI) (ODNI)
♦ President Trump can prove the July 31st, 2016, Crossfire Hurricane counterintelligence operation originated from a scheme within the intelligence apparatus by exposing the preceding CIA operation that created the originating “Electronic Communication” memo. Declassify that two-page “EC” document that Brennan gave to Comey. [The trail is found within the Weissmann report and the use of Alexander Downer – SEE HERE]
♦ Release and declassify all of the Comey memos that document the investigative steps taken by the FBI as an outcome of the operation coordinated by CIA Director John Brennan in early 2016. [The trail was memorialized by James Comey – SEE HERE]
♦ Reveal the November 2015 through April 2016 FISA-702 search query abuse by declassifying the April 2017 court opinion written by FISC Presiding Judge Rosemary Collyer. Show the FBI contractors behind the 85% fraudulent search queries. [Crowdstrike? Fusion-GPS? Nellie Ohr? Daniel Richman?] This was a weaponized surveillance and domestic political spying operation. [The trail was laid down in specific detail by Judge Collyer – SEE HERE]
♦ Subpoena former DOJ-NSD (National Security Division) head John Carlin, or haul him in front of a grand jury, and get his testimony about why he hid the abuse from the FISA court in October 2016; why the DOJ-NSD rushed the Carter Page application to beat NSA Director Admiral Mike Rogers to the FISA court; and why Carlin quit immediately thereafter.
♦ Prove the Carter Page FISA application (October 2016) was fraudulent and based on deceptions to the FISA Court. Declassify the entire document, and release the transcripts of those who signed the application(s); and/or depose those who have not yet testified. The creation of the Steele Dossier was the cover-up operation. [SEE HERE]
♦ Release all of the Lisa Page and Peter Strzok text messages without redactions. Let sunlight pour in on the actual conversation(s) that were taking place when Crossfire Hurricane (July ’16) and the FISA Application (Oct ’16) were taking place. The current redactions were made by the people who weaponized the intelligence system for political surveillance and spy operation. This is why Page and Strzok texts are redacted!
♦ Release all of Bruce Ohr 302’s, FBI notes from interviews and debriefing sessions, and other relevant documents associated with the interviews of Bruce Ohr and his internal communications. Including exculpatory evidence that Bruce Ohr may have shared with FBI Agent Joseph Pientka. [And get a deposition from this Pientka fella] Bruce Ohr is the courier, carrying information from those outside to those on the inside.
♦ Release the August 2nd, 2017, two-page scope memo provided by DAG Rod Rosenstein to special counsel Robert Mueller to advance the fraudulent Trump investigation, and initiate the more purposeful obstruction of justice investigation. Also Release the October 20th, 2017, second scope memo recently discovered. The Scope Memos are keys to unlocking the underlying spy/surveillance cover-up. [SEE HERE and SEE HERE]
If John Durham is legit, then any basic investigation of the facts will soon cause the dam to break.
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Agree. I think that Barr and Durham can easily open new investigations or re-examine the evidence from older investigations and reach different conclusions with a grand jury.
The danger is that Durham and Barr are either Swamp or have enough skeletons in their closets to be blackmailed like I suspect Roberts was on Obama Care.
Either way, if a 2 tiered justice system remains in this country and the top-level offenders such as Obama, Hillary, Lynch, Comey, Mueller, Holder, Clapper and Brennan are not brought to justice, then the Republic is lost. We cannot hold together when the “peasants” and “little people” are spit upon by their elected elite.
We will go to war over this.
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Agreed, Chump Change. Brennan, at the very least, should face trial and Comey, openly leaking documents ,setting up innocent people, introducing spies into a Presidential campaign to falsify evidence, needs to answer for the betrayal and abuse of public trust.
Is that little , mean looking POS McCabe, really off the hook?
I would add, that the people spied on and blackmailed back to 2012, might be embarrassed by the revelation of what happened to them, but the prosecution of those responsible, like Holder, Lynch, Obama, would be sweet revenge, and in my book, worth the pain.
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Couldn’t agree more with your comments. If the swamp wins, we will go to war.
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Elected and unelected elite.
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If Honest Justice does not flow from government, then the citizens will turn further away, the insane Progs will regain ruling power, and the native born will be flooded like Europe in a tsunami of Illegals.
Rome fell to a whimper with citizens fleeing the corruption to the comparative sanity of the barbarians.
The continued slow cooking of liberty will ensure it’s demise. Only if the Progs in a fit of lust for power reach too far, too fast will the Sheeples rebel in sufficient force to prevail.
A paradox for sure but it’s been at work since the Wilsonian Era at least.
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Agreed. Wilson, FDR, LBJ…disastrous
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Agreed Mr. Change. There is NEW EVIDENCE that was withheld from the IG during the mewler evidence-sequestration. One of mewler’s purposes was to keep hillary-foreign-colusion and hillary-fan evidence bottled up, and away from others including the IG. Other agencies withheld evidence, such as the recently-surfaced State Department memo to the FBI questioning Steele credibility. Also, a “false conclusion” protecting themselves, by co-conspirators to support the coup (the writers of the IG summary), is easily avoided and reversed.
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“We will go to war over this.” That is my fear, but I won’t dodge being true to our Constitution.
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https://www.youtube.com/watch?v=P-sEV5akDM4 all laid out
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Well, that was really something. sigh. o m g. Horowititz hand-picked by Soros and his wife accepted money from Uranium One; Mexico owns Pelosi and Schumer? and China owns Feinstein (knew that); McCabe friends with Horowitz. and China owns Ryan.
I probably missed a few .So this is just a bit of what’s going on in the West. Then we have Britain, France yada yada. I’m trying to be an optimist, but, it’s very difficult. Thanks for posting this.
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“In short, he can’t.”
Yes, he can!
And yes, as a result of the corrupt actions of Rod Rosenstein, this prosecution becomes unnecessarily difficult, but doing the right thing is never wrong. The prosecution can, and should, articulate a case of criminal conspiracy by senior DOJ officials to circumvent the rule of law through devious machinations designed to coverup the systemic criminality that underlies the entire SoyGate/RussiaGate hoax. The can be effectively prosecuted under 18 U.S. Code § 371, Conspiracy to commit offense or to defraud United States. Barr knows this and should draw his sword now. The time has come to fight back.
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Today I wrote speaker Pelosi, and as her employer I stated she should not impeach our President Trump. I told her “evidence would be involved”. I explained as her employer impeachment would involve a bunch of clowns spewing lies and innuendo, and then evidence. Nancy don’t do it, the glove will not fit. Signed your boss an AMERICAN CITIZEN.
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Why does Barr have to accept the results of the OIG report when he has evidence that conflicts with or views the same evidence in a different (more objective) way. It’s not an IG he appointed.
It’s an IG clearly intent on “protecting the institutions” and therefore not serving the best interests of the country and it’s citizens. Why do we hang or hat on the IG?
He is essentially an apple of the mueller tree. He knows (likely) the truth yet chooses not to serve the country for an expedient political purpose. He doesn’t see that this is a problem that must be corrected for the good of the country.
He seems content with the notion that half the country will have to accept obvious corruption, even if the have to accept it by brute governmental force.
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GREAT question.
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The Attorney General IS the supreme law-enforcement officer of the United States. He is NOT limited by the Inspector General. (Whose scope is very specialized.)
The process proceeds through Federal Prosecutors who have the power to convene Grand Juries and to present things to them for their consideration. It is those Grand Juries who actually begin the process which leads to criminal trial-by-jury and possible conviction. As we know, this is already occurring.
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There are two GREAT questions there. The first one and “Why do we hang our hat on the IG?” IMO it’s pretty obvious why we shouldn’t. An IG report is an administrative tool, not a criminal indictment.
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> An IG report is an administrative tool
Exactly.
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He doesn’t have to. He can conduct and pursue his own criminal investigation with or without IG input.
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It’s frustrating ~ I want results, i.e. Jail Time … The GOP are corrupt, inept and like the walking dead ~ We have the Trey Gowdy “Fake Outrage Show” … Jeff Sessions buddies, who are totally screwing us and PT … I want results !
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If you’re planning on killing Caesar, you’d better KILL Caesar. This largely bailed coup has left a lot of debris in its path and I’m sure that a good prosecutor will be able to parse the Report’s conclusions as well as a clumsy Congress of Democrat failed lawyers who needed a new day job.
The problem I see is that if Trump doesn’t, for whatever reason, get reelected in 2020 the plotters will wreak vengeance on Conservatives as a class.
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I think there are 2 main risks to POTUS losing 2020:
1) Voter fraud.
2) The growing list of states that are trying to bypass the electoral college with their new popular vote nonsense.
I suspect #2 wouldn’t matter if it weren’t for #1. That is, the left will get hit with the boomerang like they always do when they try to change the rules (Hello Harry Reid) and POTUS will win the popular vote like he probably did last time.
To care of #1 I suggest the DOJ find a couple of people with a Russian connection who voted illegally. It shouldn’t be hard. Use the Democrat/MSM standard of what constitutes a Russian connection. Arrest them and make big splashes all over the press about it. Then POTUS immediately signs an EO for a national voter ID rule. Protect the integrity of elections, prevent foreign interference and all that. The Dems will be done forever.
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What most folks still haven’t gotten is that this isn’t ‘Democracy at work’, it’s WAR. The Left has a patently obvious but openly unstated war going on against America as we know it. Voter fraud, voter intimidation, outright theft are acceptable, to them, means of reaching an end. The lazy and fearful come up with self-serving cliches to explain their lack of actions to cover their and their children’s asses and the Left marches on.
When the Motor-Voter laws were passed the reason behind it was so blatantly obvious that the lack of action by the public amazed me. It legalized illegal voting, progs and the Left must have been high-fiving each other the world around as lazy and politically (if not reality) disconnected Americans threw their children’s hard-won birthrights smack out the window.
There’s zero doubt there will be voter fraud, the only bets are how much there will be. The Black and various Latino nationalist groups will be out in force defending their rights to eat off of our earned plates, the prospects of continued – if not expanded – entitlement programs are in the balance. The ‘right’ of an illegal immigrant to get free food, housing and medical care, services and items you not only pay for but in most cases wouldn’t be able to get were you to lose your job, will be reinforced. They have a personal need to illegally vote while those who will suffer and pay for the free ride will largely stay home.
Voter fraud is as obvious as voter-victim apathy.
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I think it’s likely that PJDT will win the popular vote in 2020. Wouldn’t that be a hoot?
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2020 is going to be a bloodbath. I think the whole spy operation against the Trump campaign was adjunct to the Clinton campaign, not THE strategy. I’m betting it was tactical and not strategic, they were broadsided and blindsided by the win and have been falling forward and trying to regain momentum since 4 November.
Attempts to attack Trump since 2016 don’t seem to be all that coordinated, they’re based mostly on the tactical info generated prior to the election with some whole cloth thrown in for good measure. I don’t see the House reaching a vote until close to the elections as they can’t get a conviction in the Senate, best they can do is dirty the air before November 3rd, 2020. If the House voted for impeachment and the Senate refused to convict then Trump would have yet another club to whack the Rats with before the vote.
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I wish you guys would get the spelling right on HoRRoRrwitz’ name !^%$#@!
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My guess is this is why the AG brought in Durnham.
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Durnham is a Federal Prosecutor. He has the authority and the position to convene Grand Juries, which are the necessary next-step preceding criminal trials. It is the Grand Jury, and no one else, meeting entirely in secret, which actually causes a criminal trial to begin.
Mr. Barr, himself, is an executive and a Cabinet member. He oversees and directs the Department of Justice, and all of its powers are conferred upon him, but the procedure is multi-layer and entirely constructed – although quite a few Democrats right now don’t seem to remember this – on “Presumed INNOCENT.”
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Mueller the uranium whore he is a crook.
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Nice to see George Webb and JK back again and on the trail. So much food for thought that just may turn out to be very, very productive.
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“With that in mind, how could the Bill Barr DOJ prosecute on evidence of behavior from within a report where the Rod Rosenstein DOJ conclusion was no evidence of “intentional wrongdoing”?” The IG is an investigator and his opinion is that of an expert on the matter. While Fed Rule 704 permits an expert to opine on an Ultimate Issue, the exception to the rule provides: (b) Exception. In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense. Those matters are for the trier of fact alone.
It would be appropriate for a jury instruction to the effect that the anything said by the IG as to mental state of the defendant. In short, the IG can never be the dispositive trier of fact in a criminal matter. To have it otherwise, would short circuit the criminal justice system and that can never be.
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Meant to say: “It would be appropriate for a jury instruction to the effect that the anything said by the IG as to mental state of the defendant is not to be considered in determining guilt or innocence.”
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I also read the IG is restricted to examining only current employee conduct.
If true, does that not infer the murky appt of Mueller as Chief Henchman was outside the purview of the IG ?
My amateur, unlegal, common sense mind says a responsible,diligent DOJ would need to scrutinise the archived communications of mueller et al.
Is that not part of why we are told the NSA has need to store our private data? To ensure national security?
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No one is going to jail. Heck, it took citizen pressure to get an almost decent 9/11 Commission and they had the entire media fully behind them. There won’t be any similar citizen pressure this time and the entire media is against it:
9/11 Family Steering Committee
https://en.wikipedia.org/wiki/9/11_Family_Steering_Committee
Excerpts:
The Washington Post stated:
It is no exaggeration to say that yesterday’s reorganization of the nation’s intelligence structure would not have happened without Fetchet, Ashley and the 10 other self-appointed representatives of Sept. 11 victims’ relatives who formed the Family Steering Committee.
“Would we be here except for those two? I don’t think so,” Sen. Joseph I. Lieberman (D-Conn.), one of the legislation’s sponsors, said after thanking Fetchet and Ashley. “It was impossible for a member of Congress to face the family members and say they wouldn’t do something.”
“I agree,” said Sen. Susan Collins (R-Maine), the co-sponsor. “They had the moral conviction.”
The family members’ public complaints pressured President Bush to drop his initial opposition to a Sept. 11 commission.
However, the Family Steering Committee was unsatisfied with the commission created and its mandate.
They stated:
While we believe that our concerns were acknowledged, we had also hoped that more of our questions and those of the American public would be fully addressed during the public hearings, or at the very least, discussed in the prepared staff statements,” the statement read. “Yet today, many of our collective questions remain unanswered.”
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“Reporters don’t have a First Amendment right to bribe public officials the last I checked,”
If we can’t get to the corrupt officials, then start prosecuting media players for bribery. The key word is “start”.
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“Reporters don’t have a First Amendment right to bribe public officials the last I checked,”
If we can’t get to the corrupt officials, then start prosecuting media players for bribery. The key word is “start”.
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> The key word is “start”.
Amen!
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Essentially, despite suspicions, the summary conclusion was the IG could find “no evidence of intentional wrongdoing“.
Reads kind of like the Mueller Report when you think about it.
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My guess is what we can expect from Christopher Wray and Micheal HoRRoRwitz is a crafted protection of their beloved FISA court.
I think we’ll find that there is almost NOBODY in the FBI (or any other dept) that wants to see the FISA court go away.
And i’m willing to bet that AG Bill Barr feels the same way.
The question in my mind is who is the DOJ/FBI going to need to protect in order to protect the FISA Court?
Because surely… the FISA court is going to stay. And in light of that… I believe we’ll find a conflict of interest among the upper echelons, between exposing or protecting the FISA court process.
I don’t trust Christopher Wray, and I sure as heck don’t trust Michael HoRRoRwitz.
Yeah… I know… I’m preaching to the choir, and stating the obvious.
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Don’t think it would be wise for you to trust Gina Haspel either.
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Sounds like the coup is succeeding and Barr has no plan to stop it, because he is being beaten by a perception that policy and procedure are more important than stopping treason and a government overthrow.
The left brings a nuclear weapon to a knife fight, and we won’t even bring a knife
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Prior IG Conclusions Impede Current AG Barr… A “conclusion” is not always the same thing. In logic a “conclusion” implies: deduction, inference, interpretation, reasoning, opinion, judgement, decision, diagnosis, verdict, determination, assumption, presumption, supposition, conjecture, surmise. Notice that it is not “definitive” or “unassailable.”
When fulfilling a contract, a “conclusion” connotes: end, ending, finish, close, closure, termination, wind-up, cessation, culmination, finale, denouement, coda, peroration, epilogue. “Over and done” when an “end” is declared. Notice that it is not “definitive” or “unassailable.”
In concluding an agreement, a “conclusion” is: negotiation, brokering, settlement, settling, clinching, completion, arranging, accomplishment, establishment, resolution. Notice that it is not “definitive” or “unassailable.”
Inspector General Horowitz is conducting an investigation which is NOT comprehensive because he can not go beyond the DOJ and FBI employees. The job of the IG is limited in its scope and reach. The fact that IG Horowitz can not establish intent is beside the point. He has undoubtedly been able to establish “complicity.”
Attorney General Barr is the top cop in the United States of America. When he determines to look into who, what, how, where, and when he can go wherever his leads take him. Add “why” to that list and there is every reason for knees to shake.
This “intent” business is a canard. Comey used it for Hilliary. Yesterday Mueller used it for signaling the House Democrats to bring on the impeachment process. Can we prove that Comey “intended” to give Hillary a pass or the Mueller intended to trip up the president? No. So we are all in the same boat with IG Horowitz if that is the only boat afloat.
I do not think that AG Barr is “impeded” in the least. He will accept the report of IG Horowitz and use it for what is useful and disregard the whole “intent” part. That is because the Grand Jury will weigh the intent and and indict accordingly. Grand Jurors do not have to play by the arcane rules of “civil-rights” regulatory mumbo-jumbo. In fact, the Grand Jury isn’t even informed of how the clockwork is constructed which guides the Inspector General. In-house DOJ rules are of no interest to the Grand Jury or the courtroom jury.
Attorney General Barr is free to charge his special investigators with establishing facts, theories and compiling evidence. AG Barr is completely free to step outside of the protective civil service cobweb and go straight for the truth. As in the case of both Comey and Mueller, “intent” is never decided by the prosecution. It is decided by the jury. If a case rests upon intent and is so weak on the evidence of intent, then it is a loser.
Example: (Washington Post): “the inspector general wrote there was ‘no evidence’ that Strzok and Page ‘attempted to circumvent’ the FBI’s data-retention policies.” That is purely a reference to “intent” which led to a “conclusion” by IG Horowitz. On the other hand, a jury would consider the multitude of condemning and biased e-mail between Strzok and Page and smell the “intent” in a nano-second. (With the exception of a dedicated hold-out who is bound and determined to torpedo the trial.)
Attorney General Barr is in the position to accept all manner of internal reports and blow them off as butt-protecting, inside the institution chaff. He is the most dangerous man in Washington. He knows the game, he knows the law, he knows a good DOJ and a good FBI as opposed to the current mess. He has nothing to lose and he has the will to obey the rule of law; even if it rattles the relationship between his wife and Mueller’s wife and their cooperative Bible study. That is to say, Attorney General Barr is not a bit concerned about the Old Boy’s Network.
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Land-ho! Lactantius! It is to be as you have said, amen.
Treepers, look and see how sharp and valuable we can be, for both Sundance and the DC legal and media soldiers who are actually soldiers in this fight.
We believe, and do our parts that we can reach. President Trump, please increase our power by helping us transform the elected Congress into being in agreement with your goals for America.
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Very well said. In short Barr does not have to prosecute from within an IG report and very likely will not build his case based on such.
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Very good exposition summery of the AG and his respective duties.
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Excellent! Thank you!!
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“This intent business is a canard.”
10000 upvotes lactantius. ✅
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Mueller’s game:
1. Stiffen the spine of the wavering Dems and IC traitors by capturing the news cycle and offering a new angle… DOJ can’t indict a sitting President, so Barr is helpless, but Congress can impeach!
2. Tempt his old friends Barr and/or Rosenstein to go easy on him (or even come to the dark side?) by stating publicly that Barr “acted in good faith”.
3. Avoid going under oath by signaling the Dems that he has “nothing new to add”… while adding #1 above!
Mueller’s mistake:
3. Contradicting what he told Barr and Rosenstein about not relying on the DOJ sitting-President policy, pretty much forcing their hand.
4. Giving Lindsey Graham the perfect opportunity to be important and subpoena him to the Senate Judiciary for said contradiction.
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So…regarding the prior MYE OIG report. I agree and understand the disconnect from all the uncovered problems with the Exec Summary. HOWEVER, new evidence has come out since the release of that report. Namely, per Lisa Page testimony that DOJ said no. I am sure that there are others.
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“As HPSCI Chairman, Devin Nunes knew back in 2017 the FISA process was abused for corrupt political intent. However, he also knows FISA is a critical component and tool for the U.S. intelligence system and national security.”
Why?
People assert things like this. I’m still waiting for proof. If the argument is that “covert surveillance” can be helpful, it’s no argument at all. Of course it could. It was (not “could be”) also harmful, as we’ve seen. The real issue is whether the potential mischief and nefarious uses outweighs the potential good.
I believe it does and there should be no non-adversarial FISA court. It is this latter aspect, non-adversarial, that is so fundamentally at odds with the design of our institutions. The Framers intended to constantly check government power and overreach. They understood that power corrupts. The non-adversarial FISA process is at odds with this design. It needs to go.
This is sort of like DHS arguing that they need a panoply of tools to prevent terrorism. When you ask ‘what terrorism have these tools allowed you to prevent?’ You get crickets in response. The only audible answer is ‘we can’t tell you because it could compromise national security.’
Having witnessed all of the Intel Community’s failures, having witnessed them lying repeatedly and abusing their powers, and having witnessed their rank incompetence, they are not entitled to the benefit of any doubt. Let them prove FISA has helped them in some meaningful way. If they are unwilling or incapable of doing so, then FISA should go. Period.
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I think this may be the Deep State’s out. Horowitz may be the steam valve (see, modified limited hangout) and this is how it will work:
9th District Court decision: USA v Goodpaster
https://www.leagle.com/decision/infdco20141202c96
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“This case arose out of a USPS OIG investigation into the theft of parcels containing prescription drugs mailed to veterans from the U.S. Department of Veterans Affairs.”
“When the government threatens to punish an employee for silence, it has in effect elected to inhabit its role as employer. Thus, for any testimony it thereby secures, the employee has use and derivative-use immunity (“Garrityimmunity”) against the government as prosecutor”
…
“Under the facts presented, the Government created a “classic penalty situation” by threatening to punish Goodpaster for remaining silent. Accordingly, under the Supreme Court’s decision in Garrity v. New Jersey and its progeny, Goodpaster’s statements must be suppressed”
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In other words, by cooperating the the OIG, nothing the swamp dwellers volunteer can be used against them, and since the IG investigation is happening (concluding) before the prosecutor even gets to work, it will be incredibly difficult to separate what the OIG is collecting from from what the prosecutor is compiling. It would be very straightforward, in fact, for Horowitz to continue his habit of pointing out wrongdoing but not recommending criminal referrals. Politically, thats a killer even if Barr wants to continue the prosecutions (“See, even the IG agrees Barr is on a political vendetta”).
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Then Horowitz is a co-conspirator.
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I have yet to come across an FBI employee that has shown more interest in justice and transparency than protecting the Bureau. Not a single whistleblower willing to put their name out there. Until that day comes, I dont trust any of them. Its a deeply dysfunctional culture that has spent decades drilling in that whats good for the FBI is whats best for America.
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CNS NEWS: IG: Prosecution Was Declined for Senior DOJ Official Who Sexually Assaulted a Subordinate
By Terence P. Jeffrey | February 25, 2019
https://www.cnsnews.com/news/article/terence-p-jeffrey/ig-prosecution-was-declined-senior-doj-official-who-sexually
(CNSNews.com) – A senior Justice Department official working in the Office of Justice Programs pressured one subordinate “into a sexual relationship with him in exchange for a promotion,” “sexually harassed two other subordinates,” “sexually assaulted” yet another subordinate, and then “lacked candor” with the Office of the Inspector General when the IG investigated these matters, according to an investigative summary published by the IG.
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“The DOJ’s Office of the Inspector General’s latest “Semiannual Report to Congress,” which covers the period from April 1, 2018 to September 30, 2018, says that the IG’s “Investigations Division is responsible for investigating allegations of bribery, fraud, abuse, civil rights violations, and violations of other cimrinal laws and administrative procedures governing DOJ employees, contractors and grantees.”
“The report says that during the period from April 1 through September 30 of last year, the “Investigative Division closed 141 criminal or administrative misconduct cases, and its work resulted in 29 convictions or pleas and 103 terminations, administrative disciplinary actions, and resignations.”
141 cases referred
29 convictions or pleas = 20%
103 terminations, resignations, disciplinary action = 73%
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CNS NEWS
“IG: DOJ Declined to Prosecute FBI Agent Who Worked for FBI Contractor, Filed False Financial Disclosures, Sexted on FBI Phone”
By Terence P. Jeffrey | March 20, 2019
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CNS NEWS
“DOJ Declines to Prosecute FBI Agent IG Says Received Money from Former Source, Protected Source’s Illegal Business, Provided False Info to Police, and Misused FBI Assets for Personal Gain”
By Terence P. Jeffrey | August 21, 2018
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This is insanity. Any of us would have been locked up for decades for these crimes and they get nothing. Lovely.
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ABC News
“Feds charge former DOJ official with alleged ties to conspiracy involving millions of dollars”
By Mike Levine Nov 20, 2018
https://abcnews.go.com/US/feds-charge-doj-official-alleged-ties-conspiracy-involving/story?id=59329126
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you would think that the compromised politicians, Supreme Court judge, ex FBI and special prosecutor would love to see Brennan in jail
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Perhaps, except for the part of being like-minded foot soldiers.
It’s sort of similar to the NXIVM scandal. Supposedly educated (but obviously low IQ), wealthy people who seemingly have no issue with being conned/blackmailed.
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Something is deeply wrong with a justice system which requires citizens to have an advanced understanding of the law to threaten those charged to just start doing their damn jobs . 🔥
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I’v been involved in numerous court cases both criminal and civil. What Sundance says here regarding the first Horowitz report exonerating these criminals has validity. This is an issue, however, that can be dealt with. There are many things that can happen. An example. All it takes is one insider who cracks and spills his guts out about the truth and the criminal acts he was privy to. He will be offered immunity. The prosecution can show that the Horowitz report was flawed and based on slanted or untrue information. There are many ways to attack this defense. It would be difficult, but it is possible. A more important issue for me is the venue where a potential trail would take place. That needs to be out of the Washington DC area. Finding an unbiased jury there could be near impossible…
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Is a military court a pipe dream?
And since were talking about the intelligence community, it seems more relevant.
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Yes it is….along with hangings and such.
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And just the threat of a trial may produce plea deals.
Would the potential suspect have $1 Million, $3 Million, $5 Million LLPfor a defense? (I thought I read General Flynn ran up a $3 Million bill inside of a year, and he hadn’t even got to trial!)
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With all due respect, scroll up to my post at 11:52 am.
IG Horowitz is hamstrung in his investigating because of all manner of rules and regulations which have ZERO to do with an open, broad investigation of the facts. Attorney General Barr is basically unemcumbered to go wherever the evidence and suspicions lead him. There is a world of difference between navigating tight guidelines = IG Horowitz – and leaving no stone unturned = AG Barr.
IG Horowitz is tied and bound by civil service rules and regulations. AG Barr is free to do basically whatever he wishes. His restrictions are laid out in the Constitution, not the politically inspired manacles of regulatory boilerplate.
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I don’t know if they can go back farther than the FISA applications on Page which are a cover for the huge number of NSA data collections that were ordered by the WH. Those were found by the presiding FISA judge to have ‘lack of candor’ for their applications.
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https://www.realclearpolitics.com/articles/2019/05/28/a_hard_rains_gonna_fall_on_obamas_bad_cops_and_spies_140429.html
This is a pretty good explanation of the seriousness of the crimes that AG Barr needs to wrestle with. I hope he is up to the task and has a good security detail. Our country hangs in the balance.
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