Thursday, October 1, 2020

Russiagate: Comey in the Crossfire

Yesterday, James Comey former, and fired Director of the FBI was called to testify to the Senate Judiciary Committee, headed by Sen. Lindsey Graham (2.0). I caught quite bit of his testimony live in between walks and other chores, thanks to this link from Sundance at CTH. FBI Director James Comey Testifies to Senate Judiciary Committee – 10:00am Livestream…. Comey was every bit the weasel you would expect from someone who has reached a pinnacle in the Federal bureaucracy as Republicans tried to challenge him on the foundation and conduct of the effort to get Trump, sometimes called Crossfire Hurricane, while Democrats lofted softballs designed to allow him to pontificate on how bad the orange man is. Comey claims opening the investigation based the the vague allegations from Downing about George Papadopoulos was justified, and denied knowing virtually anything about the abuses that clearly occurred. Even though he signed off on multiple FISA warrants based on flawed sources and sometimes dishonest testimony from high ranking government officials, he's says he's not responsible for their actions. Some lowlights:

PJ Media, Liveblog, Former FBI Director James Comey Faces the Senate Judiciary Committee. WaEx, Mike Lee to James Comey: 'You don’t seem to know anything about this investigation that you ran.' 'Shipwreckedcrew' at Red State finds Comey Denials of Key Facts In FBI Investigation of Crossfire Hurricane are Not Worthy of Belief. John Sexton at Hot Air, Comey Doesn’t Recall Anything About The Referral For Investigation Mentioned In DNI Ratcliffe’s Letter. His memory was on par with Hillary Clinton and Joe Biden's. Jeff Mordock, WaT, Comey refuses to address allegations Hillary Clinton conjured Trump-Russia scandal and Kennedy to Comey: You are an 'equal opportunity egotist,' 'tried to screw both Trump and Clinton'.  Kennedy is always good for a laugh. Breitbart, James Comey Denies that Joe Biden Brought Up Logan Act in Michael Flynn Case. It appears to be the one thing he can "remember", I wonder why? CNS News, Sen. Cruz to Former FBI Director Comey: Under Oath, Who's Telling the Truth, You or McCabe?. They're both experienced liars, so take anything either says with a salt lick. Sophia Mann at JTN, catches him the admission Comey accepts responsibility for implications of Horowitz report, 'this reflects on me entirely', except somehow he never really does. 
During an exchange between Senator Ben Sasse (R-Nebraska) and former FBI Director James Comey during Wednesday's Senate Judiciary hearing on Crossfire Hurricane, Sasse, typically an ardent defender of the FBI, called the Horowitz report "not just saddening and infuriating," but "also really embarrassing."

"I think I share your reaction Senator Sasse," said Comey. "It's embarrassing, it's sloppy. There's no indication that people were doing bad things on purpose, but that doesn't mean it's not embarrassing."

"But doesn't that point to you [as Director]," responded Sasse. "You were the leader ... isn't the Horowitz report chiefly an indictment of you personally?" asked the senator.

"This reflects on me entirely," said Comey. "I'm not looking to shirk responsibility."

"How is it possible that the FISA process is that bad?" asked Sasse. "Where were you?"

"Given that they found problems in every FISA application, what we thought was a good thing, was actually a bad thing ... responsibility was diffused instead of concentrated into individual human beings," said former Director Comey.

"When does it become obvious that the people in charge of Crossfire Hurricane had a deep-seated bias against Trump?" asked Graham following the Sases-Comey exchange. "What kind of system is it that the FBI director has no clue about the most important investigation maybe in the history of the FBI. If you want to believe that and just write this off, I think you do so at your own peril."

"Every one of the 17 material omissions was against President Trump and against the campaign. They weren't random, they were politically oriented against the president they were trying to take down," said Senator Ted Cruz (R-Texas), underscoring the points made by Graham.

But  the star of the show goes to Josh Hawley, Megan Fox at PJ Media has the (longish) clip, Josh Hawley Exposes James Comey Under Oath... and It's FIRE



That stings. Yes, one wonders why they make the FBI director sign off on FISA warrants, if he accepts no responsibility for it's contents. More Comey related links, not specifically related to his testimony, PJ Media, Comey 'Cleared' Clinton's Email Scandal Before She Allegedly Triggered Russiagate. Why Would She Do It?. Stupid question. It was a campaign ploy. Sundance, The FBI Knew in December 2016 Steele’s Primary Sub-Source Was a Suspected Russian Spy – Did James Comey Know?…

On one of the topics of Comey's testimony, John Ratcliffe's recently declassified information showing Russian intelligence showing that the Hillary campaign cooked up the whole Russia hoax to deflect attention from her ongoing email scandal. Chuck Ross at Da Caller, US Intel Flagged Alleged Clinton Campaign Plan To Link Trump To Russian Hacking, Intel Chief Says. M Dowling at the Independent Sentinel, Timeline: How Hillary introduced Americans to the Trump-Russia collusion hoax.
We already knew from a UK court resolving a lawsuit that the Clinton Campaign arranged for former MI6 Christopher Steele to create a dossier in May 2016 that the FBI knew was false in July 2016.

Steele was hired by Hillary through Fusion to “investigate” Trump-Russia, election interference in early May 2016. That was three months before the “official” FBI Trump-Russia investigation which was supposedly started after Downer-Papadopolous tip-off. . .

 Ashe Schow at Da Wire, HYPOCRISY: Democrat Attempts To Discredit John Ratcliffe Letter Reveal Double Standard. Hypocrisy in politics? Why, I never . . . 'Streiff' at Red State, DNI John Ratcliffe Takes Unprecedented Step of Slapping Down #FakeNews Claim About Russia Hoax Letter

The irony is that the Russians more likely than not knew that the entire Russia hoax was nonsense because they had created it.

We know, for instance, that the primary sub source for master spy Christopher Steele was suspected of being a Russian agent. There has been at least one report that he attempted to acquire classified information, offering money in exchange. Over two years ago, I pointed out that there was a much greater chance that the Steele dossier was a Russian operation than anything else. See The Steele Memo Is Much More Likely Russian Dezinformatsiya Than It is Intelligence. As it turned out, I was not alone in suspecting this to be the case. At least one reporter who actively pushed the hoax thought the same. See If This New York Times Reporter Suspected the Dossier Was a Fraud Why Is He Only Reporting on It Now.

A newly developing story, from Red State, Federalist's Sean Davis: CIA Director Haspel Personally Blocking Declassification Of Documents That Will Reveal Truth About Russiagate 



But in the end, I think he will say he’s deeply skeptical of reasons and motives offered by DOJ, and he believes their legal analysis on “materiality” is not correct or persuasive. He will not agree that the Fokker Services case dictates the outcome here, but it only guides the decision which is his to make. Taking all that into consideration, he will claim he would be justified in denying the motion on its merits, BUT considerations of “separation of powers” lead him to conclude, IN THIS CASE, he should exercise his discretion by granting the order, but without prejudice. That way if it is later discovered by new DOJ leadership that the dismissal was politically motivated, it can be refiled.

I think he will take this course because if he does not, then the case will either move back to the Appeals Court, or he’ll need to take up Gen. Flynn’s motion to withdraw his guilty plea. If it goes back to the Appeals Court he faces uncertainty. The only thing the Appeals Court said when it returned the case to him is that he could have a hearing and decide the motion. There was no suggestion in the text of the opinion that the Appeals Court judges were sympathetic to his views or the views expressed by Judge Gleeson on the merits of DOJ’s motion.

If the Appeals Court were to reverse him, it would undo all he would have accomplished by dismissing the case but only after a lengthy explanation for why he could not dismiss it. All his work could evaporate.

Alternatively, if the motion to withdraw is refiled, that opens up the entire problem of having to go through the conflict of interest/ineffective assistance claims regarding the Covington & Burling attorneys representing Gen. Flynn before Sidney Powell, and how much Special Counsel Prosecutor Brandon Van Grack knew about that — but never raised it with the Court.

Those attorneys will have to testify in any such hearing with regard to the legal advice they gave Gen. Flynn. In order to do so, Sidney Powell is entitled in discovery to all materials that might be relevant to their testimony about Gen. Flynn and his case.

That material would include internal communications within the Covington & Burley law firm about General Flynn and his case. That firm has MANY attorneys with past connections to DOJ and the Obama Administration, including former Attorney General Eric Holder. I suspect Covington & Burling does not want that material released to Sidney Powell to use in a public hearing on Gen. Flynn’s motion to withdraw his plea.

Judge Sullivan understands the “end game” here is not just a quick sentencing of Gen. Flynn if he denies the motion to dismiss. It will be much more complicated, and more “dirty” than that.

So, my prediction is he will grant the motion but do so without prejudice in an “over-the-top” Opinion that declares the effort by DOJ to be a political favor to Pres. Trump.

 Poor Robert Mueller, having to defend himself from charges by Andy Weissman that he wasn't aggressive enough in his pursuit of the bad orange man's perfidy. Chuck Ross at Da Caller, ‘Disappointing’: Mueller Defends Trump Probe Against Criticism From One Of His Own Prosecutors and Jerry Dunleavy at WaEx, Without 'favor or fear': Mueller defends Russia investigation against criticism by Andrew Weissmann.

“It is not surprising that members of the Special Counsel’s Office did not always agree, but it is disappointing to hear criticism of our team based on incomplete information,” Mueller said in a rare public statement first obtained by the Washington Post.

“When important decisions had to be made, I made them. I did so as I have always done, without any interest in currying favor or fear of the consequences. I stand by those decisions and by the conclusions of our investigation," Mueller said. The former special counsel also his team knew “that our work would be scrutinized from all sides,” but he believed they made the correct calls.

 Also from Chuck Ross, Trump Goes After Joe Biden Over Son’s Role At Ukrainian Energy Firm, $3.5 Million Wire Payment and Virginia Kruta from Da Caller, ‘I’ll Call It Out’: CNN’s John King Says Hunter Biden Is ‘A Swamp Creature’. When you've offended CNN's sensibilities . . .

“The former vice president, Dan, went on to say he hopes it’s not about either family — the Trump family or the Biden family — but it’s about the two candidates and their policies,” King said, turning to his guest, The Washington Post’s Dan Balz.

“But Hunter Biden, in many ways, is a weakness for the former vice president because of his work,” King continued. “He was a — I’ll call it out — he’s a swamp creature, like many people, trading on his family name to make money around the world. But the way the president handled that, did he, as Dana notes, actually give the vice president a way to come at that from a different perspective?”

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