Sunday, February 3, 2019

Some Recycled Russiagate

Really nothing much new, just this Andy McCarthy piece from National Review, Fever Dream: Mueller’s Collusion-Free Collusion Indictment of Roger Stone
After a 20-page narrative about Russian cyber-ops, WikiLeaks’ role as a witting anti-American accomplice, and Trump supporters enthralled by thousands of hacked Democratic emails and visions of the Clinton campaign’s implosion, Stone, a comically inept hanger-on, ends up charged with seven process crimes. No espionage, no conspiracy, no commission of any crime until the investigations started.

This is not to say that obstruction of congressional investigations is trifling. Nor is it to say the accused has a good chance of beating the case. Some of Stone’s alleged lies were mind-bogglingly stupid. Why deny written communications with people you’ve texted a zillion times? Why deny conversations with interlocutors (such as Trump-campaign CEO Steve Bannon) who have no reason to risk a perjury charge to protect you? And don’t even get me started on the witness-tampering count, which, if I were Mueller, I’d have hesitated to include for fear of suggesting an insanity defense. (Do it for Nixon? Pull a “Frank Pentangeli”?)

That said, the case is overcharged. The tampering count carries a 20-year penalty. Adding an obstruction or false-statements count (five years each) would have given Stone (who is 66 years old) prison exposure of up to 25 years. The most central “colluder” in the Mueller firmament to be bagged so far, George Papadopoulos, was sentenced to a grand total of two weeks’ imprisonment. Surely a quarter-century of “potential” incarceration would have sufficed to give prosecutors the “this is serious stuff” headline they crave while allowing for the more representative sentence Stone will eventually receive — who knows, maybe three weeks? But true to form, Mueller instead included six of these five-year counts — so the press can report that Stone faces up to 50 years in the slammer.

This inflated portrait of Stone as a major criminal was further bloated by the scene of his arrest: a well-armed battalion of FBI agents sent to apprehend him as the media, conveniently on hand at 6 a.m., took it all in. But Stone is just a cameo. The big picture is the overarching Trump–Russia investigation. It’s still being inflated, too.

Prosecutors ordinarily do not write an elaborate narrative about crimes they cannot prove. Here, though, Mueller uses Stone as the pretext to spell out the Big Collusion Scheme: Candidate Donald Trump instructs Stone to coordinate with WikiLeaks on the dissemination of Clinton dirt stolen by Russia; Stone directs his associate, Jerome Corsi, to have Corsi’s man in London, Ted Malloch, make contact with WikiLeaks chief Julian Assange, who is holed up at the Ecuadorian embassy in London. Malloch must have succeeded, because next thing you know, Corsi is reporting back to Stone: Our friends the Russian hackers have given WikiLeaks all this damaging information on Hillary, including the Podesta emails; it will all be rolled out in October, right before the election.

It’s a sensational story. Only . . . it’s just a story.

Mueller doesn’t even pretend he can prove it. No shame in that: During a long investigation, prosecutors always develop a theory of the case. Often, the hypothesis doesn’t pan out. No problem. You narrow your indictment down to what you can prove and call it a day. In Stone’s case, that would dictate omitting the ambitious collusion narrative and stripping down to a two-page obstruction-of-Congress indictment. Instead, Mueller gives us the fever dream: Stone as a key cog in the collusion wheel. Where reality intrudes, the prosecutors float suggestions they cannot prove or leave out key details that blow up the narrative. . . .
It's McCarthy, so read the whole thing. Now to get down the recycling. Director Blue has a transcript of the interview Mark Levin had with Sydney Powell on Fox, Mueller Attack Dog Andrew Weissmann Exposed by Mark Levin and Former U.S. Attorney Sidney Powell  that I posted the video of a few days ago. Both are former Federal prosecutors. It's worth watching (or reading) again in light of McCarthy's comments.

Finally, digging deeper into the recycling bin, Power Line revisits the Don Jr. phone call debacle in Mystery solved, Schiff & CNN hardest hit. The best part is the video:


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