Everything is disconnected until somebody connects it.

On February 9, 2018, the DOJ released a batch of captured text messages between Senate Intelligence Committee Vice-Chairman Mark Warner and the lawyer for Christopher Steele, Adam Waldman.

At the time the texts were released the media narrative surrounded the top-line story that Senator Warner was having back channel discussions to communicate with the author of the now famous Trump dossier, Chris Steele. However, no-one seemed to wonder why these messages were captured, and even more curiously why they were released.

Immediately following the release, SSCI member Marco Rubio, the current acting chairman of the same committee, rushed to defend the covert communication of Vice-Chair Warner.  According to Rubio the vice-chair did previously inform the committee of his intent to contact Steele.  The media quickly used Rubio’s defense to dismiss the controversy.  Nothing to see here… nothing to see here… and that was that.

Except it wasn’t.

Not even close.

(more…)

Judge Emmet Sullivan is refusing to accept the three-judge appeals court ruling – which granted a writ of mandamus and instructed Sullivan to dismiss the Flynn case per the DOJ and Flynn defense unopposed motion. Today Judge Sullivan is asking the Full DC Circuit Court panel to conduct an en banc rehearing of the issues. [pdf here]

There is no guarantee the full DC Circuit will agree to the en banc request. However, given the nature of the court, it should be anticipated. What really appears to be the undiscussed background is an effort to keep dragging this issue out as long as possible. This is beyond judicial activism running amok, we have now entered the realm of judicial weaponization.

The Lawfare resistance was strongly advocating for this judicial approach. However, what we can infer from the need for Sullivan to trigger the en banc request is that no individual circuit court judge was going to do it independently (sua sponte) which was an option.

It appears Sullivan waited to see if one of them would; then, after a period of time where he identified no circuit judge would independently put himself/herself into the spotlight, Sullivan makes the en banc request himself.  The panel will likely accept the request.

Sullivan’s en banc petition essentially says his requests to have an outside amicus brief the court -on all the reasons not to accept the unopposed motion to dismiss- as commonplace; and he decries the DC appeals court mandamus decision as “a dramatic break from precedent that threatens the orderly administration of justice.”  [I think he’s stalling.]

Here’s the full filing outlining the position of Judge Sullivan:

(more…)

Former Acting Director of National Intelligence Richard Grenell discusses the period during the presidential transition period where President Obama’s white house team was coordinating intelligence efforts to research and unmask incoming officials.

(more…)

On July 21, 2018, amid the apex of all things Trump-Russia being carefully narrated by the special counsel team, why did the DOJ release the Top Secret Classified Intelligence document known as the Carter Page FISA application?

At the time it happened everyone was so consumed with the content of the release, almost no-one stopped to ask that question.  Except, well, me.

Put yourself back into that 2018 time-frame: the Trump-Russia collusion hoax was being pushed hard; the Nunes memo -vs- the Schiff memo was being argued and the media was writing furiously about leaks from anonymous sources “with knowledge of the investigation” etc.  Congress was being blocked from all their document requests and their bucket lists for declassification.  Rod Rosenstein was refusing to testify to the House Intel Committee led by Devin Nunes.  The DOJ was blocking documents related to surveillance of President Trump.  The media was saying there was no surveillance of Trump.  Congress was desperate to break the stonewalling and asked President Trump to declassify a list of documents they provided.  Rod Rosenstein threatened Trump that if he declassified documents it would be adding to a potential obstruction investigation and claim. Etc. Etc.

Hell, despite his recusal from these matters, AG Sessions was getting major heat over the blockage from DOJ… the battle was intense.  Sessions announced an Illinois USAO John Laush to try and mediate the issues.  Laush was a major fail.

Then, amid all of that stonewalling, blocking, redacting of documents, failure to unredact, and refusal to declassify…. suddenly, all of a sudden, presto, here’s the most top secret classified document release ever.

To fulfill a FOIA request by Judicial Watch and the New York Times.

A FOIA request?

Seriously?

(more…)

The plan to impeach Bill Barr was clearly visible several months ago. A preemptive strike to diffuse the pending findings of the investigation by USAO John Durham.

The Attorney General has accepted an invitation to testify before the committee on July 28th.  If there is going to be a summer show-down between the AG and political operatives -including Lawfare- within the Judiciary committee, that hearing is likely to be the spark.

(more…)

Michael Flynn’s attorney Sidney Powell appears with Maria Bartiromo to provide insight into the DC Circuit Appellate court ordering the dismissal of the Flynn case. One of the key points Ms. Powell draws attention to is that her client was targeted.  Within that targeting there’s a criminal conspiracy.

In hindsight it is very clear the White House, DOJ and FBI knew they were treading on thin ice. Susan Rice’s memo to file is clearly a CYA memo for the White House. James Comey’s memos are clearly a CYA effort for his participation. Bill Priestap kept his own notes reflecting his CYA; and Peter Strzok’s notes appear to have the same motivation.

Additionally, when the special counsel was put into place, Andrew McCabe’s memos to self are clearly written from a CYA perspective. They knew what they were doing was wrong.

(more…)

Michael Flynn’s defense counsel, Sidney Powell, appears on Lou Dobbs tonight to discuss the defense victory in the DC Circuit Court of Appeals; and the next steps in the case.

Ms. Powell still has legal business in front of Judge Emmet Sullivan, so she obviously needs to be a little tempered at this inflection point.  That said, what an incredible job Ms. Powell has done on behalf of her client.  Remarkable legal counsel.  WATCH:

(more…)

In a court filing yesterday [pdf here] the DOJ provided -initially under seal- the Flynn defense team with more exculpatory evidence.  The filing includes hand-written notes taken by FBI agent Peter Strzok in/around key dates in early January 2017.

The filing was unsealed today, and the Peter Strzok notes are released.

One of the reasons CTH has been slow on discussing this release is specifically because I am trying to accurately determine the provenance of the notes (as below).  USAO Jeff Jensen is unsure of the exact date of the notes.  Either January 3rd, 4th, or 5th… and there’s a good reason for that confusing ambiguity; which I am attempting to filter.

The notes are written by Peter Strzok during a conversation with former FBI Director James Comey; that context is important.  What the notes contain are Peter Strzok writing down what Comey relays to him from conversations with White House officials.

Repeat: The notes are Strzok writing down what Comey relays to him from conversations with the White House.   Comey is communicating to Strzok the status of opinion from various officials; those officials may include President Obama and Vice-President Biden.

(more…)

The three judges on the DC Circuit Court of Appeals have approved a writ of mandamus ordering Judge Emmet Sullivan to dismiss the case against Michael Flynn. [pdf here]

The panel ruled 2-1, that U.S. District Judge Emmet Sullivan overstepped his authority in not accepting the unopposed motion and questioning prosecutors’ decision.  This is a big victory for the Flynn defense team.  Not sure what Sullivan will do now.

Judges Karen Henderson and Neomi Rao supported the writ, judge Robert Wilkins did not.  Henderson was the surprise vote.

Writing the majority opinion Judge Neomi Rao noted, “in this case, the district court’s actions will result in specific harms to the exercise of the Executive Branch’s exclusive prosecutorial power.”  “If evidence comes to light calling into question the integrity or purpose of an underlying criminal investigation, the Executive Branch must have the authority to decide that further prosecution is not in the interest of justice,” Rao added.

(more…)

House Intelligence Committee ranking member Devin Nunes appears on Lou Dobbs to discuss the latest developments in the ‘Spygate’ investigation, John Durham, AG Bill Barr and ultimately the SDNY moves involving Geoffrey Berman.

Lou Dobbs gets the big picture; if the political left is allowed to manipulate the 2020 election, and steal a presidential contest, the ramifications will be so serious the potential for the fabric of our nation to completely tear is quite possible.  On a positive note, AG Bill Barr has made similar points in his conversation.

(more…)