I don’t like doing this, but it needs to be done.  People keep sending me this video; it is nonsense.  Steve Bannon and John Solomon broadcast a conversation targeting John Thune, Tom Cotton and Todd Blanche for obstructing the release of transcripts held in the Senate Select Committee on Intelligence (SSCI).

What Solomon reports in this interview is disconnected from the process that exists.  Solomon wants the transcripts of former CIA Director John Brennan released.  Fine, no problem. Except Solomon apparently doesn’t understand the process to gain declassification of an equity that is not within the executive branch.  The transcript is in the legislative branch.

There are separation of powers issues, equity issues and stakeholder issues that create a process that needs to be followed.  This is the same process that was used to gain the Michael Atkinson transcript from the House Permanent Select Committee on Intelligence (HPSCI).   Solomon and Joe diGenova can follow the process and succeed, just like I did. Or Solomon and diGenova can gnash their teeth, create outrage and fail.  WATCH (prompted):

This nonsense is why trusting John Solomon is a fool’s errand, and the reason why I have suspected Solomon of performance theater for several years. His teaming up with Steve Bannon, well, it just tracks.

Tick-Tock… Nothing. I digress.

First, assuming they have security clearances, John Solomon and/or Joe diGenova can ask SSCI Chairman Tom Cotton to let them read the Brennan transcript in the SSCI secured compartmented intelligence facility (scif).  There is nothing stopping them, or anyone else with a clearance, from reading the transcript; assuming Cotton would permit it (he would). That’s the first point.

Second, after their review they can ask the SSCI to hold a senate vote to release the legislative branch equity to the executive branch, with a classification review that might need redactions based on stakeholder equity. [Same process as the Atkinson transcript].  The Senate can then vote to release it and start the process.

I am not a defender of John Thune or Tom Cotton; the exact opposite is true.  However, you don’t defeat the silo system by attacking it at the point of their greatest strength.  You obtain the material by following the process and forcing compliance with due diligence [just like the Atkinson transcript].

There is a separation of powers issue. The transcript belongs to the legislative branch, not the executive branch.  The executive needs to request it from the legislative.  Then it needs to be reviewed by IC stakeholders (ODNI and CIA) for classification review and/or redactions.  Then it is returned to the SSCI who determine how to release it – from their own committee or to the DNI for release.

In current disposition the President cannot declassify something the executive branch doesn’t have.

As to the substance of Solomon’s previous release, the “Oxferd C0mma” documents, as I said last night nothing about that release is substantively new.

FBI General Counsel James Baker testified in two sessions to the House Intelligence Committee. In the second session transcript (released by Doug Collins – READ HERE) James Baker notes the 2nd FBI investigation was planned *BEFORE* FBI Director James Comey was fired. When Comey was fired, the optimal window to open the investigation was created for Andrew McCabe.

Rosenstein agreed to the plan, and “Oxferd C0mma” was triggered on 5/16/17. The objective of the EC signed by James Baker contained spurious and obtuse evidence in text because the real goal of the FBI/DOJ was to open a Special Counsel investigation. In essence, Oxferd C0mma was the placeholder for Mueller.

The group talked about the plan before Comey was fired. Comey’s termination simply triggered the timing. All of this was known nine years ago, that’s why to CTH readers none of this is new.

[SOURCE]

Those who did the deepest dives knew the investigation that opened 5/16/17 was planned before Comey was fired, and Comey’s termination was just the trigger window of the process to deliver Mueller… which was really what “Oxferd C0mma” was about.

Additionally, James Baker -who signed the EC- testified about the process to open the second investigation. It’s in his day #2 transcript. The firing of Comey just triggered the best window for the investigation they already planned.

So, yes “Oxferd C0mma” is new to people like John Solomon, but old news for those who did the research at the time. Again, go read Baker’s testimony (link above).

You will note the Oxferd C0mma investigation was triggered on May 16, 2017:

[SOURCE]

This was the exact same day when Rosenstein took Robert Mueller to the White House.

Through a FOIA request Judicial Watch received Rod Rosenstein’s email communication around the appointment of Special Counsel Robert Mueller [See Here]. The content further confirms when Rosenstein took Mueller to the White House on May 16th, 2017, the purpose was for Mueller to preview his target, President Trump.

Rosenstein took Mueller to visit Jeff Sessions on May 13th, the specifics of that email likely concern keeping prior private conversations out of the discussion with Sessions.

(Source pdf)

If we insert the Rosenstein email conversation into our timeline, the picture is clear.

Perhaps the most important aspect is how DAG Rosenstein took Robert Mueller to the White House on May 16th, to interview President Trump.  The decision to appoint Mueller as special counsel was predetermined prior to the White House visit:

♦James Comey was fired at approximately 5:00pm EST on Tuesday May 9th, 2017. The next morning, less than 15 hours after Comey was fired, Rosenstein contacted Robert Mueller about the special counsel appointment.

During the congressional testimony of Robert Mueller, Representative Andy Biggs noted evidence of a phone call between Mueller and Rod Rosenstein on Wednesday May 10th, 2017, at 7:45am.

From the Judicial Watch FOIA release, we can see that following the 7:45am phone call Rod Rosenstein received contact info from Mueller’s asst (8:09am), and Rosenstein emailed his assistant at 8:13am with instructions to contact Mueller’s asst and set up a meeting for Friday May 12th:

Marcia Murphy, from the Office of the DAG, then followed through and set up a meeting for 8:00am, Friday May 12th at Main Justice, between Rosenstein and Mueller:

Following that May 12th 8:00am meeting with Mueller, Rod Rosenstein then met with Deputy FBI Director Andrew McCabe Andrew McCabe.  –  According to McCabe:

… “[Rosenstein] asked for my thoughts about whether we needed a special counsel to oversee the Russia case. I said I thought it would help the investigation’s credibility. Later that day, I went to see Rosenstein again. This is the gist of what I said: I feel strongly that the investigation would be best served by having a special counsel.” (link)

Later that night (May 12th), at 9:15pm Rosenstein then emails Robert Mueller: “I assume you realize the boss and his staff do not know about our discussions.”

That email is directly related to a meeting scheduled on Saturday May 13th between Rosenstein, Mueller and Jeff Sessions; which is confirmed in the Andy Biggs questioning.

♦Sunday May 14th –  Comey transmitted copies of Memos 2, 4, and 6, and a partially redacted copy of Memo 7 to Patrick Fitzgerald, who was one of Comey’s personal attorneys.  Fitzgerald received the email and PDF attachment from Comey at 2:27 p.m. on May 14, 2017, per the IG report.

♦Monday May 15th, McCabe states he and Rosenstein conferred again about the Special Counsel approach. McCabe: “I brought the matter up with him again after the weekend.”

On this same day was when James Rybicki called SSA Whistleblower to notify him of Comey’s memos. The memos were “stored” in a “reception area“, and in locked drawers in James Rybicki’s office.

♦Tuesday May 16th – Per the IG report: “On the morning of May 16, Comey took digital photographs of both pages of Memo 4 with his personal cell phone. Comey then sent both photographs, via text message, to Richman.

Back in Main Justice, at 12:30pm, Rod Rosenstein, Andrew McCabe, Jim Crowell and Tashina Guahar all appear to be part of this meeting.  I should note that alternate documentary evidence, gathered over the past two years, supports the content of this McCabe memo.  Including texts between Lisa Page and Peter Strzok:

[Sidebar: pay attention to the *current* redactions; they appear to be placed by existing DOJ officials in an effort to protect Rod Rosenstein for his duplicity in: (A) running the Mueller sting operation at the white house on the same day; (B) the appointment of Robert Mueller as special counsel, which was predetermined before the Oval Office meeting.]

While McCabe was writing this afternoon memo, still May 16th, Rod Rosenstein took Robert Mueller to the White House for a meeting in the Oval Office with President Trump and VP Mike Pence.

After six days of phone calls, emails and in person meetings, this visit to the White House was clearly Rod Rosenstein introducing Robert Mueller to the target of the investigation.  Rosenstein already knew he was going to appoint Mueller; and Mueller, along with the small group in the FBI, already knew Mueller was going to be appointed.

Later that night (May 16th), following the Mueller visit, there was a debriefing session back at Main Justice.  This evening meeting appears to be Lisa Page, Rod Rosenstein and Andrew McCabe; along with Tashina Gauhar again taking notes.

♦ Wednesday May 17th, 2017:  Rod Rosenstein and Andrew McCabe go to brief the congressional “Gang-of-Eight”: Paul Ryan, Nancy Pelosi, Devin Nunes, Adam Schiff, Mitch McConnell, Chuck Schumer, Richard Burr and Mark Warner.

… […] “On the afternoon of May 17, Rosenstein and I sat at the end of a long conference table in a secure room in the basement of the Capitol. We were there to brief the so-called Gang of Eight—the majority and minority leaders of the House and Senate and the chairs and ranking members of the House and Senate Intelligence Committees. Rosenstein had, I knew, made a decision to appoint a special counsel in the Russia case.”

[…] “After reminding the committee of how the investigation began, I told them of additional steps we had taken. Then Rod took over and announced that he had appointed a special counsel to pursue the Russia investigation, and that the special counsel was Robert Mueller.” (link)

Immediately following this May 17, 2017, Go8 briefing, Deputy AG Rod Rosenstein notified the public of the special counsel appointment.

According to President Trump’s Attorney John Dowd, the White House was stunned by the decision. [Link] Coincidentally, AG Jeff Sessions was in the Oval Office for unrelated business when White House counsel Don McGahn came in and informed the group.

Jeff Sessions immediately offered his resignation, and Session’s Chief-of-Staff Jody Hunt went back to the Main Justice office to ask Rosenstein what the hell was going on.

Resources/Citations:

FOIA Info – McCabe Memos

FOIA Info – Archey Declarations

Timeline