Sunday, October 14, 2018

Reheated Russiagate

As I have previously argued, none of the allegations raised over obstruction fit well with the criminal code or prior opinions defining that crime. There are a variety of obstruction crimes but most have no applicability to this controversy. There is Section 18 U.S.C. 1503 which broadly defines the crime of “corruptly” endeavoring “to influence, obstruct or impede the due administration of justice.” This “omnibus” provision, however, is most properly used for judicial proceedings such as grand jury investigations, and the Supreme Court has narrowly construed the provision.

There is also 18 U.S.C. 1512(c), which makes it a crime for any person who corruptly or “otherwise obstructs, influences or impedes any official proceeding, or attempts to do so.” However, this provision has been narrowly construed as well on the underlying conduct and the need for some “official proceeding.” Mueller should be fully aware of that problem since his principal deputy, Andrew Weissmann, was responsible for over-extending that provision in a jury instruction that led the Supreme Court to reverse the conviction in the Arthur Andersen case in 2005.

These and other provisions simply do not make for a compelling case against Trump. While Trump has shown breathtakingly poor judgment in firing Comey and publicly attacking investigators, that is not obstruction. Moreover, Trump had independent grounds to fire Comey, including many of the reasons cited by Deputy Attorney General Rod Rosenstein in his scathing criticism of Comey in 2017. Put simply, this is not what an “O” bomb looks like.
But there is collusion. Jeff Carlson at the Epoch Times: Spygate: The True Story of Collusion 
Although the details remain complex, the structure underlying Spygate—the creation of the false narrative that candidate Donald Trump colluded with Russia, and the spying on his presidential campaign—remains surprisingly simple:

1. CIA Director John Brennan, with some assistance from Director of National Intelligence James Clapper, gathered foreign intelligence and fed it throughout our domestic Intelligence Community.

2. The FBI became the handler of Brennan’s intelligence and engaged in the more practical elements of surveillance.

3. The Department of Justice facilitated investigations by the FBI and legal maneuverings, while providing a crucial shield of nondisclosure.

4. The Department of State became a mechanism of information dissemination and leaks.

5. Hillary Clinton’s presidential campaign and the Democratic National Committee provided funding, support, and media collusion.

6. Obama administration officials were complicit, and engaged in unmasking and intelligence gathering and dissemination.

7. The media was the most corrosive element in many respects. None of these events could have transpired without their willing participation. Stories were pushed, facts were ignored, and narratives were promoted.
Curmudgeonly & Skeptical presents Boned Jello presents Mueller Probe Flat illegal

Poor Andy: Fired FBI boss Andrew McCabe says the bureau is 'unfairly' holding up his book while it reviews whether he is breaking secrecy rules
Former FBI acting Director Andrew McCabe says his book has been delayed because of an FBI review and he's concerned he's been singled out for what he calls 'irregular unfair treatment.'

McCabe's book was scheduled for release Dec. 4. He now says in a statement that it'll come out in February.

McCabe says the 'FBI's review has taken far longer than they led me to believe it would.'

The book is titled 'The Threat: How the FBI Protects America in the Age of Terror and Trump.'
Question? Is there a Federal law permitting the government to snatch back the income garnered (Althouse hates that word) from illegal acts? If so, they should look into this, after they convict him of lying to the IG and other superiors.

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