• Judge reopening Flynn plea deal. He wants to know if Mueller’s team withheld evidence

    Here’s the headline (link here)

    How A Plea Reversal From Michael Flynn Could Uncover More Federal Corruption

    Did Robert Mueller’s office withhold other evidence in Michael Flynn’s prosecution, either from the FISA court or from Flynn’s attorneys

    There is reason to believe so.

    It’s from a conservative site, The Federalist, but it is not really an editorial story. It’s news, possibly quite important news, and it has been completely overlooked.

    On Friday, Judge Emmet Sullivan issued an order in United States v. Flynn that, while widely unnoticed, reveals something fascinating: A motion by Michael Flynn to withdraw his guilty plea based on government misconduct is likely in the works.

    Just a week ago, and thus before Sullivan quietly directed Special Counsel Robert Mueller’s team to provide Flynn’s attorneys “any exculpatory evidence. ….

    On November 30, 2017, prosecutors working for Mueller charged former Trump national security advisor Flynn with lying to FBI agents. The following day, Flynn pled guilty before federal judge Rudolph Contreras. Less than a week later — and without explanation — Flynn’s case was reassigned to Judge Emmet G. Sullivan.

    With [the judge’s new] protective order in place, Flynn’s attorneys should start receiving the required disclosures from the special counsel’s office. There is reason to believe these will include some bombshells. –The Federalist

    We now know that the FBI agents who interviewed Flynn believed he told the truth and were overridden by Mueller’s team. We do not know if that information or other exculpatory evidence was revealed to Flynn. We do know that the Mueller prosecution was bankrupting him and involved legal threats to Flynn’s son, which seemed to disappear after the father’s plea. We also know that Flynn failed to register as a foreign agent, as he was legally required to do.

    We also know that the #2 guy on Mueller’s team has been reprimanded previously by a judge for withholding evidence and, separately, was overruled 9-0 by the Supreme Court for his prosecution of the Arthur Andersen accounting company, a prosecution that destroyed the company and cost over 10k jobs.

    FYI: Judge Sullivan is the one who absolutely lacerated the US Attorneys who systematically concealed evidence in their corrupt prosecution of Alaskan Republican Sen. Ted Stevens, causing him to lose the election and swing the US senate. Do not mess with Judge Emmet Sullivan.

  • House Intelligence Committee now looking at targeting of Trump Campaign by Obama intel agencies, also raisng perjury questions

    Exclusive at Real Clear Investigations: CIA Ex-Director Brennan’s Perjury Peril (link here)

    Here is the heart of Paul Sperry’s report:

    House Intelligence Committee Chairman Devin Nunes next plans to investigate the role former CIA Director John Brennan and other Obama intelligence officials played in promoting the salacious and unverified Steele dossier on Donald Trump — including whether Brennan perjured himself in public testimony about it.

    In his May 2017 testimony before the intelligence panel, Brennan emphatically denied the dossier factored into the intelligence community’s publicly released conclusion last year that Russia meddled in the 2016 election “to help Trump’s chances of victory.”

    Brennan also swore that he did not know who commissioned the anti-Trump research document, even though senior national security and counterintelligence officials at the Justice Department and FBI knew the previous year that the dossier was funded by the Hillary Clinton campaign.

    Last week, Nunes (R-Calif.) released a declassified memo exposing surveillance “abuses” by the Obama DOJ and FBI in their investigation of Trump’s ties to Russia. It said the agencies relied heavily on the uncorroborated dossier to take out a warrant to secretly surveil a Trump adviser in the heat of the 2016 presidential election, even though they were aware the underlying “intelligence” supporting the wiretap order was political opposition research funded by Clinton allies — a material fact they concealed from FISA court judges in four separate applications. –Paul Sperry at Real Clear Investigations


  • The Stench at Obama’s DOJ and FBI. My latest at Real Clear Politics.

    My latest at Real Clear Politics (link here)
    Here’s a synopsis:

    The Stench at Obama’s DOJ and FBI

    January 24, 2018

    The investigation by Special Counsel Robert Mueller is not the only major investigation in progress.

    There are now three major Congressional probes of the Obama-era FBI, Department of Justice, and intelligence agencies. They are slowly peeling away layers of political bias, unequal application of the law, and, perhaps even felonies by senior officials who may have leaked classified documents, obstructed justice, and violated Fourth Amendment guarantees against unreasonable search and seizure.

    These Congressional probes are not mere diversions, as Democrats charge. They have serious, legitimate intentions and raise troubling questions.

    • Why did former FBI Director James Comey and his team pre-judge and soft-soap the investigation into Hillary Clinton’s unsecured private server and her classified emails?
    • Why did they decide to clear her before completing key interviews with Mrs. Clinton and her aides?
    • Why did DOJ grant immunity so freely to obtain evidence that could have been easily subpoenaed by a grand jury?
    • Why did the government itself then destroy that evidence, so no one could do a real investigation later?
    • For that matter, why didn’t they convene a grand jury in the first place, as Mueller did almost immediately?
    • What involvement did the FBI counter-intelligence division have with the FusionGPS, Christopher Steele “Russian dossier,” financed by the Clinton campaign?
    • Was the dossier used, in part, to obtain a warrant to spy on Trump associates and, if so, was the FISA court completely informed about the dossier’s financing, provenance, and lack of verification?
    • And what the hell happened to months of text messages among key anti-Trump investigators at the FBI and DOJ?

    VERY important questions. The public deserves answers.

    That’s why these investigations are at least as important as Mueller’s, and for the same reason. They are both about honest elections and the rule of law, applied equally to insiders and outsiders, Democrats, Republicans, and Independents.

    It’s about whether our most powerful government agencies are worthy of our trust. If we have lost sight of those values, we’ve lost our Constitutional bearings.

    The complete op-ed is here (link)



  • Latest on FusionGPS’s crucial role in sparking the Russiagate Scandal

    Mary Jacoby, wife of FusionGPS founder, Glenn Simpson, posted items on Facebook (now removed) bragging that her husband’s work really launched the federal investigation. It was already know that Simpson and FusionGPS were central players. What’s new is an investigative report that says Simpson’s involvement goes back several years.

    A detailed article by Lee Smith in The Tablet, reports

    In a Facebook post from June 24, 2017, that Tablet has seen in screenshots, Jacoby claimed that her husband deserves the lion’s share of credit for Russiagate. (She has not replied to repeated requests for comment.) “It’s come to my attention that some people still don’t realize what Glenn’s role was in exposing Putin’s control of Donald Trump,” Jacoby wrote. “Let’s be clear. Glenn conducted the investigation. Glenn hired Chris Steele. Chris Steele worked for Glenn.” This assertion is hardly a simple assertion of family pride; it goes directly to the nature of what became known as the “Steele dossier,” on which the Russiagate narrative is founded. The fact that Jacoby is a reporter who often shared bylines with her husband at The Wall Street Journal is another reason to take her Facebook post seriously.

    Last week’s revelation that Simpson hired Nellie Ohr, the wife of ranking Justice Department official Bruce Ohr, to work on the dossier certainly supports Jacoby’s implicit contention that Steele’s role in compiling the dossier has been exaggerated. –Lee Smith, in The Tablet

    Smith’s most striking point is not that Simpson played a key role–that was already know–but that he generated the material earlier and did not rely on Russian sources. (I have no idea if that claim is accurate, but it is surely worth consideration in the Congressional investigations.) To quote Smith:

    A Tablet investigation using public sources to trace the evolution of the now-famous dossier suggests that central elements of the Russiagate scandal emerged not from the British ex-spy Christopher Steele’s top-secret “sources” in the Russian government—which are unlikely to exist separate from Russian government control—but from a series of stories that Fusion GPS co-founder Glenn Simpson and his wife Mary Jacoby co-wrote for The Wall Street Journal well before Fusion GPS existed. –Smith, in The Tablet

    Separately, another aspect of the dossier is being exposed. Writing in The Daily Caller, Chuck Ross reports on the London trial where a Russian tech businessman, Aleksej Gubarev, alleges he was defamed in the dossier, which says that he and his tech companies hacked the Democratic National Committee servers. (The DNC has refused to allow the FBI or independent investigators to access their server to find out.) Gubarev is suing the US website, BuzzFeed, for publishing the document and thus publicizing the allegation.

    A key question is “who leaked the dossier to BuzzFeed?” The website won’t say, claiming journalistic privilege, and a US judge recently agreed.

    But now Gubarev’s lawyer says they have discovered the answer independently and are close to revealing it.

    The article implies it is a former senior aide to Sen. John McCain. The Senator was given the dossier, turned it over to the FBI, and has stated he did not leak it. FusionGPS has said, in court documents, that it did not leak it. But McCain’s aide, David Kramer, a former State Department official, has refused to make such a public declaration and spent months dodging a subpoena. He was finally served and deposed, as well as interviewed by the House Intel Committee.

  • FBI Search Dog On the Prowl and Pointing Toward . . .

    The Chicago Tribune‘s wonderful editorial cartoonist, Scott Stantis, has often penned negative drawings about Pres. Trump.

    He has not been especially critical of the Trump investigations… until now.

    His balanced stance makes his devastating take on the FBI’s unraveling mess all the more meaningful.


  • A balanced analysis of Mueller and his team by a leading conservative

    Amid strenuous conservative criticism of the Mueller team (the best of it by Trey Gowdy and Tucker Carlson), and equally strenuous pushback from progressives (led by Adam Schiff), Andrew McCarthy offers a serious analysis of what should–and shouldn’t–concern the public about the investigation’s fairness.

    McCarthy is a former federal prosecutor with considerable experience. His stance is conservative but not doctrinaire, and his analysis is not a prosecutor’s case against Mueller.

    The op-ed was published in the Washington Post (link here).

    Key excerpts:

    Is special counsel Robert S. Mueller III running an impartial investigation?

    That this is a fair question to ask is itself troubling.

    In Mueller’s case, there are various grounds for worry. Mueller’s investigation was triggered when former FBI director James B. Comey, no fan of the president who dismissed him, leaked a memo of a meeting with President Trump. Comey admitted hoping this revelation would lead to appointment of a special counsel….

    Furthermore, the investigative team Mueller has assembled includes Democratic donors and supporters, including one lawyer who represented the Clinton Foundation and one who represented a subject in the Hillary Clinton email investigation. This month, moreover, it came to light that two members of the team, who had also worked on the Clinton email investigation, were having an extramarital affair and exchanged text messages expressing partisan political views — favoring Clinton and depicting Trump as “loathsome.”

    Worse, in one August 2016 text, one of them, FBI agent Peter Strzok, asserted that the FBI “can’t take that risk” that Trump could be elected, equating some unspecified action against this seemingly unlikely possibility to “an insurance policy in the unlikely event you die before you’re 40.” Dismayingly, this text, which crosses the line between political banter and tainted law enforcement, refers to a meeting in the office of FBI Deputy Director Andrew McCabe, then (and now) the bureau’s No. 2 official.

    McCarthy praises Mueller for his results (which “so far appear free of political taint”) and for removing Strzok from the investigation. He is not alarmed that Mueller’s staff has strong political views, but is concerned about Andrew Weissman for a specific reason.

    A gifted career Justice Department lawyer, Weissmann sent former acting attorney general Sally Yates an effusive email shortly after Yates was fired for insubordinately defying Trump on enforcement of the so-called travel ban. The obstruction aspect of Mueller’s investigation calls for an objective evaluation of how much independence law-enforcement officials have from the chief executive. Weissmann’s lauding of Yates suggests he is not objective on this point.

    McCarthy’s conclusion: Remove Weissman to ensure the public perception of fairness.

  • Memo to Trump: Fire your lawyer. He’s clueless when he says the President cannot obstruct justice

    When your lawyer says, “The President cannot obstruct justice because he is the chief law enforcement officer,” (Axios), here’s a quick tip:

    Fire him immediately. Maybe sooner.

    Your personal lawyer, John Dowd, is wrong thrice over.

    First, he’s wrong about the law (say I, as a non-lawyer). The sheriff is the chief law enforcement officer in a county, but that doesn’t mean he can legally tear up his parking tickets. The point is that the law should apply equally. It should apply equally to citizens, regardless of race, creed, and so on. And it should apply to government officials as much as it applies to the rest of us.

    Second, he’s wrong about the politics, as the ghost of Archibald Cox will remind you. When the public and their elected representatives think the President is obstructing justice, they will seriously consider the remedy offered by the Constitution.

    Third, even if Dowd thinks the president cannot obstruct, he is wrong to say it out loud. The blowback will be fierce. See item #2.

    In the meantime, I’d check to see if Dowd is working for FusionGPS or the Podesta Group.



  • ZipDialog Roundup for Wednesday, November 8

    Articles chosen with care. Your comments welcomed.
    Linked articles in bold purple

    ◆ Democrats win big in off-year elections. The most important: a surprisingly large victory in the Virginia Governor’s race

    Comment: NJ returning to a Democratic governor is not surprising. In Virginia, which is shifting from purple to a blue state because of the DC suburbs, the surprise is not Ralph Northam’s win but his 9-point margin over a good Republican candidate, Ed Gillespie.

    Northam’s margin tells me Democrats are motivated, even after a divisive primary. Hillary won Virginia by 5 points. Down-ballot Democrats are also doing very well.

    President Trump’s begins his biggest stop: Beijing

    There are three major issues on the table: North Korea, China’s expansion in the South China Sea, and China’s asymmetrical trade relations with the US.

    Comment: More on this stop as news emerges.

    Texas Mass Killing: “Botched Air Force handling of Texas shooter’s criminal history may be ‘systemic’ issue” (Fox News)

    The 2015 Department of Defense Inspector General report analyzed a sample of 1,102 convictions, including felonies, handled in the military court system and found the Navy, Air Force and Marines failed to send criminal history or fingerprint data to the FBI in about 30 percent of them. –Fox News

    Ratcheting up the financial sanctions on Chinese banks doing business with North Korea (Reuters)

    Senate Finance Committee votes unanimously on these sanctions, just as Pres. Trump lands in Beijing.

    The U.S. Senate Banking Committee unanimously backed new sanctions targeting Chinese banks that do business with North Korea on Tuesday, just before President Donald Trump visits Beijing for the first time since taking office….

    Washington so far has largely held off on imposing new sanctions against Chinese banks and companies doing business with North Korea, given fears of retaliation by Beijing and possibly far-reaching effects on the world economy.–Reuters

    ◆ Curiouser and Curiouser: Russian lawyer who met with Trump Jr also met with FusionGPS before and after the Trump Tower meeting (Fox News)

    The story about Fusion GPS’s Glenn Simpson and Russian attorney, Natalia Veselnitskaya, comes from one of our best investigative reporters, Catherine Herridge.

    The co-founder of Fusion GPS, the firm behind the unverified Trump dossier, met with a Russian lawyer before and after a key meeting she had last year with Trump’s son, Fox News has learned. The contacts shed new light on how closely tied the firm was to Russian interests, at a time when it was financing research to discredit then-candidate Donald Trump….

    Simpson and Fusion GPS were hired by BakerHostetler, which represented Russian firm Prevezon through Veselnitskaya. –Catherine Herridge for Fox News

    Comment: So, Fusion GPS was simultaneously working for this Russian firm and the Clinton campaign. That could be an innocent coincidence . . . or it could lead to some “synergies.”  So far, Fusion GPS has taken the 5th before Congressional investigative committees and fiercely resisted subpoenas for any records of their financial transactions.

    “Oh, what a tangled web we weave . . . ”



  • ZipDialog Roundup for Monday, November 6

    Articles chosen with care. Your comments welcomed.
    Linked articles in bold purple

    Trump in Asia: What Matters about the Trip (a comment)

    The trip has three main goals, all important but in tension with each other

    • Contain or eliminate North Korean nuclear threat to US and US allies (depends on China’s cooperation)
    • Reduce China’s trade surplus with US, ideally by opening China’s domestic market to US exports
    • Deter an expanding Chinese threat in South China Sea (reinforce America’s partnership with nations surrounding China)

    Trump is also likely to meet with Putin, with North Korea, Syria, and Iran as major topics

     Texas church shooting: A crazed, well-armed guy furious with his former in-laws, who worshipped at the church he attacked

    That’s the report from local news outlets in the San Antonio area (KSAT in San Antonio)

    Comment: Some commentators will stress his beliefs (“he was an atheist”). That is not what drove him. Anger and crazed impulsiveness, not ideology, are the drivers here.

     Mueller Leaking: NBC reports he has enough evidence to charge Mike Flynn, Trump’s former National Security Adviser

    Special ZipDialog commentary here

    Another college attack on free-speech: Vassar students smear Wm. Jacobson (of Legal Insurrection blog) because he supports free speech (USA Today)

    Comment: Vassar, like so many small, elite colleges, is suffused with hard-left ideology.

    They should call these schools “Illiberal Arts Colleges.”

    Chicago nearing 600 homicides, most since 2003 (Chicago Tribune)

    How bad is it? The city has instituted a new program to show people how to stop bleeding from gunshot wounds (Chicago Tribune)

    Comment: N

    Investigators suspect US journalists were paid to spread materials from the Clinton/FusionGPS/Russian Dossier (Washington Times)

    In U.S. District Court for the District of Columbia, Fusion GPS, the dossier’s financier via the Democratic Party and the Hillary Clinton campaign money, is fighting a House committee chairman’s bid to find out if the opposition research firm paid journalists.

    In U.S. District Court in Florida, a self-described dossier victim wants a judge to order the news website BuzzFeed, which published the dossier in full, to disclose who gave it to them. –Washington Times

    Comment: Fusion GPS is fighting so tenacious to prevent any disclosures of their receipts and expenditures, you can’t help but think they might have something to hide.

    Pleading the 5th Amendment before Congress was also a hint.


    Hat Tip to

    ◆ Tim Favero for the Vassar, William Jacobson story