• 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.

  • 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)



  • 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.

  • ZipDialog Roundup for Tuesday, November 14: All Sleaze Edition

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

    Roy Moore abandoned by national Republicans as more women accuse him

    Comment: With such a thin margin in the Senate, Republicans need the Alabama seat to pass legislation (not that they have done so, yet), but individual office holders cannot afford to back him. And they are absolutely right, ethically, to back away from this sleazebag.

    Unfortunately for Republicans, Moore owes them nothing, so they have no leverage to force him out of the race.

    Trump and his Press Secretary will have to answer the question, an awkward prospect.

    A write-in candidacy might win, but it’s a long shot.

    The New York Sun notes the precedent of the Adam Clayton Powell case, where the House refused to seat the long-time congressman in 1966 because of corruption. He took the case to the Supreme Court and won. In other words, Congress can remove people from office after giving them hearings but cannot refuse to seat them.

    That would mean immediate and nasty hearings to unseat Moore, with the prospect of further public humiliation. When he contemplates that, he might decide to back out. If he does, the Governor would probably postpone the election–over strenuous Democratic objections and lawsuits.

     AG Sessions testifies before Congress on Russia, Clintons, Roy Moore (New York Times)

    Attorney General Jeff Sessions, testifying before the House Judiciary Committee, showed selective recall on the Trump campaign’s Russia contacts.

    Mr. Sessions said he had “no reason to doubt these women” who have accused the man who wants his old Senate seat, Roy S. Moore, of seeking sexual or romantic favors from them as teenagers. –New York Times

    Sessions floats prospect of a Special Counsel to Investigate Uranium One, Clinton Foundation (Washington Post)

    The New York Times reports the same thing.

    Comment: There seems to be enough smoke here to warrant a serious investigation. If so, then it should be conducted by a Special Counsel, not the DOJ for several reasons. The most important, by far, is this:

    Any investigation of political opponents by law enforcement carries the heavy burden of perceived unfairness. Supporters of the opposing party (or candidate) will fear that the state’s power to investigate and punish is being used to crush opposition. That should never happen in a democracy. Even if the investigation is fair, it must be perceived as fair.

    While Sessions and other political appointees could–and would–say that the task has been delegated to “career professionals,” they would have to sign off on any recommendations to charge. Again, their opponents could not be confident the process was fair and impartial.

    Bottom line: Appoint a Special Counsel to investigate Uranium One, the Clinton Foundation, and the botched FBI investigation of the Clinton email server, including James Comey and Loretta Lynch’s roles.



  • 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


  • Leaks from Mueller’s Office: What They Mean

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

    Comment: This leak is informative–mostly about the tactics Mueller’s office is using to gain indictments.

    First, notice that they kept the guilty plea from George Papadopoulos completely secret for a month. That tells us this leak is deliberate and purposeful.

    Second, the purpose is to put pressure on Flynn before the charges. They want him to flip, probably by threatening Flynn’s son with heavier charges.  These are standard, hard-nosed prosecutorial tactics.

    Third, the Mueller office’s strong-arm tactics are now clear. The pre-dawn raid on Manafort was one indication. The Manafort and Gates charges of “conspiracy against the United States” are another. There is no such crime. It is simply “criminal conspiracy.” The point was to con gullible journalists–and they succeeded.

    Fourth, the charges about failure to register as a foreign agent seem both legitimate and illegitimate. Legitimate because we have laws that say you have to register. Illegitimate because the DOJ has failed to enforce this law as a criminal violation for years and years. Under those circumstances, the felony charges against Manafort and Gates seem like selective prosecution.

    Finally, notice that no charges of conspiracy between Russia and the Trump Campaign have been filed as yet. They may be forthcoming, but, so far, none have been made. Those were the central purpose of the appointment of a Special Counsel.


  • ZipDialog Roundup for Monday, October 30

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

    ◆ Today’s legal developments: Separate post at ZipDialog

    • Paul Manafort indicted by Special Counsel Mueller
    • Low-level figure in Trump campaign, George Papadopoulos, pleads guilty to making false statement about Russian contacts

    Tony Podesta, top Democratic lobbyist, resigns from his self-named firm amid Mueller investigations (Politico)

    [Tony] Podesta has long been a larger than life figure on K Street, growing his business from a boutique firm into a massive lobbying and public relations operation. He is well known for his flashy dressing, vast art collection, generous campaign donations across all levels of Democratic politics and, of course, for his brother John Podesta, Hillary Clinton’s campaign chairman. –Politico

    Experts say Manafort charges under foreign-agents law could spell trouble for Mike Flynn, Tony Podesta (Washington Examiner)

    The main allegation is that Manafort was working for a Kremlin-backed group in Ukraine.

    Two key points here:

    1. FARA, the Foreign Agents Registration Act, has been used for criminal indictments less than 10 times since 1966
      • I believe there has only been one conviction
    2. So, its use by Mueller against Manafort should frighten Flynn, Podesta, and other lobbyists



     John Podesta, Debbie Wasserman Schultz told Senate Intel they didn’t know of dossier funding: report (The Hill)

    The interviews took place before it was disclosed that Clinton’s campaign and the DNC had paid for the research. It is against the law to make false statements to Congress. –The Hill

    Comment: They’ve gone full Sgt. Schultz. They know nothing.

    And, of course, Hillary has gone mute.

    By the way, her Democratic Party frenemy, Sen. Elizabeth Warren uses a different test pattern when she goes silent:

    House of Cards collapses: Netflix cancels series after this year’s production is completed amid sex charges against star Kevin Spacey (Daily Mail)

    This comes after ‘Rent’ star Anthony Rapp gave an interview claiming that a then-26-year-old Spacey tried to sexually assault him when he was 14 in 1986

    Spacey responded to that allegation with a rambling statement in which he said he did not recall the incident, apologized to Rapp and then came out as gay.

    ‘I am sorry that Kevin only saw fit to acknowledge his truth when he though it would serve him — just as his denial served him for so many years,’ said Zachary Quinto. –Daily Mail


    Comment: There are two separate issues here.

    One is despicable, if Spacey actually did what he is accused of, namely sexual assaults, especially against children.

    The other is openly gay actors attacking Spacey for not coming out earlier as gay. That is a completely distinct issue. They want to build support for open declaration of their sexual orientation. On the other hand, he has a personal right to privacy.

    The privacy versus openness issue is interesting and debatable.

    The sexual assault allegation are not. They should be investigated for criminal activity. Spacey gave a non-denial apology, saying he didn’t remember, might have been drunk, etc. (I would note that, if he did indeed proposition youngsters, there may well be other instances, which can be investigated.)

    Those who say “we all knew” were morally (if not legally) complicit if they knew about assault allegations.

    Coming out as gay at a moment when he is being accused seems like throwing dust in the air, trying to obscure the truly serious allegation.



  • ZipDialog Roundup for Wednesday, October 25

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

    ◆ There are three stories today about Russia’s involvement in US politics, and all three are bad for the Democrats

    How big the stories become–how serious the resulting scandals–depends on additional investigation and investigative reporting.

     Story #1: That scandalous, largely-discredited “Russian Dossier,” which led to the federal investigations of the Trump Campaign, was financed by the Democratic National Committee and Hillary’s Campaign 

    The Washington Post broke the story (link here) They report that the Clinton campaign, using a Washington lawyer as a cutout, retained Fusion GPS to do the dirty work. Fusion GPS has fought strenuously to prevent any disclosure of who paid them and invoked their 5th amendment privilege against self-incrimination to avoid testifying before Congress.

    The Clinton campaign, like others, used a lawyer to hire these contractors so their communications would be protected by attorney-client privilege.

    The Clinton people have never acknowledged a connection to Fusion GPS or the dossier.

     Story #2: Mueller’s Russia Probe turns toward key Democratic insiders

    Paul Manafort is also a major target but, according to reports, this top Republican operative worked closely with the Podesta Group, closely aligned with the Clintons.

    The news is here:

    A thus-far-reliable source who used to be involved with Clinton allies John and Tony Podesta told Tucker Carlson that press reports appearing to implicate President Trump in Russian collusion are exaggerated.

    The source, who Carlson said he would not yet name, said he worked for the brothers’ Podesta Group and was privy to some information from Robert Mueller’s special investigation.

    While media reports describe former “Black, Manafort & Stone” principal Paul Manafort as Trump’s main tie to the investigation, the source said it is Manafort’s role as a liaison between Russia and the Podesta Group that is drawing the scrutiny.

    The “vehicle” Manafort worked for was what Carlson called a “sham” company with a headquarters listed in Belgium but whose contact information was linked to Kiev, the Ukrainian capital. –Fox News

    Comment: National news media have not reported this news.

    Story #3: Russian bribery, money-laundering, speaker fees to Bill Clinton, and over $100 million to the Clinton Foundation while Hillary was Sec. of State and the Russians were federal approval to buy US uranium assets 

    Actually House Republicans announced two new investigations (link here):

    In the first of two back-to-back announcements, the top Republicans on the House Judiciary and Oversight Committees said they would formally examine the Obama Justice Department’s investigation of Mrs. Clinton’s emails. Less than an hour later, Republicans from the Intelligence and Oversight Committees said they were opening a separate inquiry into the administration’s approval of a 2010 agreement that left a Russian-backed company in control of much of the United States’ uranium. –New York Times

    Comment: The NYT story downplays the significance and suggests it is all simply partisan squabbling about a now-departed administration.

    I think they underestimate the possible ramifications of both investigations.

    The Uranium One deal is a particularly thorny issue for the Clintons and the Obama Administration because Obama’s FBI and DOJ knew of Russian bribery and other criminal activity before the deal was approved. Congress was not informed, as it should have been. Their objections might have blocked the deal. The public was kept completely in the dark. Mueller was head of the FBI at this time. One of the Russians reportedly involved in this illegal activity was given a US visa twice during this period by Hillary’s State Department. One major question is whether Attorney General Jeff Sessions, who has recused himself from these Russia issues, will appoint a Special Counsel to investigate this and perhaps the Clinton emails, where then FBI-director Comey wrote a memo clearing Hillary long before key witnesses had been interviewed.

    The most important implication: The FBI (under Mueller) looks to be deeply compromised.

    Sen. Jeff Flake (R-AZ) will not run for re-election. He and Sen. Bob Corker (D-TN), who is also retiring, lacerated Pres. Trump in speeches, interviews, and social media. Their rebukes are reported here (Reuters)

    Flake’s attack was on Trump’s conduct and dishonesty. Flake’s actual voting record is very supportive of Trump legislation.

    Flake, who has very high disapproval numbers in his home state, was likely to lose his primary contest.

    The local Arizona paper features this headline: Flake’s retirement opens floodgates to potential GOP candidates (Tucson.com)

    All those candidates are pro-Trump, but some are from more traditional elements of the party, others from the Bannon wing.

    The paper also notes that a divisive primary and an open seat gives the Democrats a chance to win for the first time in years.

    China’s Xi reveals Communist Party leadership, buttresses his own position and refuses to name a successor (BBC)

    All seven members of the Party’s Standing Committee were in their 60s. Rising stars in their 50s were not included.

    Comment: The absence of an heir-apparent, Xi’s cult of personality, and his name’s inclusion in the party constitution all raise speculation he might eventually seek a third-term, which had been ruled out after Mao’s death.

    Today in campus lunacy: Univ of Illinois education prof attacks difficult mathematics courses as evidence of white privilege (Campus Reform)

    “On many levels, mathematics itself operates as Whiteness. Who gets credit for doing and developing mathematics, who is capable in mathematics, and who is seen as part of the mathematical community is generally viewed as White,” [Prof. Rochelle] Gutiérrez argued [in a book aimed at K-12 math teachers].

    Truly, you cannot make this up. Here’s what the professor writes:

    If one is not viewed as mathematical, there will always be a sense of inferiority that can be summoned,” she says, adding that there are so many minorities who “have experienced microaggressions from participating in math classrooms… [where people are] judged by whether they can reason abstractly.”

    To fight this, Gutiérrez encourages aspiring math teachers to develop a sense of “political conocimiento,” a Spanish phrase for “political knowledge for teaching.”

    Comment #1: Please note, Prof. Gutiérrez thinks it is rank racism to judge people in a math class on whether they can reason abstractly. In fact, math is abstract reasoning.

    Comment #2: Why, Professor, does all this whiteness and white privilege in math not seem to hold back Asians and Asian-Americans in US math classes?  This is not a trivial issue or mere debating point. Note, too, that many of the Asian-American students come from lower-income families. Hmmmm.

    Comment #3: Gutiérrez is a professor of education, where this kind of political blather, masquerading as scholarship, is commonplace. Poor scholarship and political propaganda are major problems in Ed Schools across the country. So is the soft curriculum, which leads to adverse selection (namely, compared to other students, those who major in education consistently have some of the lowest SATs and lowest GPAs outside their majors).

    I remember all the justified complaints by feminists when a Barbie doll said, “Math is hard.” They said, rightly, that the comments were demeaning to women and sending the wrong message to girls. Sorry to see Prof. Gutiérrez sending the same message to minorities and dressing up in the costume of social justice.



    Hat Tip to

    ◆ Tom Elia for the math-is-whiteness story