Category Archives: Crime

President Trump withholds Democratic rebuttal memo to Nunes memo

I told you not to hold your breath on President Trump authorizing the release of the Democratic rebuttal memo to the Nunes memo. Trump will not release Democrats’ memo on FBI surveillance:

President Trump will not immediately agree to release a Democratic memo rebutting GOP claims that the FBI abused its surveillance authority as it probed Russian meddling in the 2016 election, but he has directed the Justice Department to work with lawmakers so some form of the document could be made public, the White House counsel said Friday night.

In a letter to the House Intelligence Committee, White House counsel Donald McGahn wrote that the Justice Department had identified portions of the Democrats’ memo that it believed “would create especially significant concerns for the national security and law enforcement interests” if disclosed. McGahn included in his note a letter from Deputy Attorney General Rod J. Rosenstein and FBI Director Christopher A. Wray supporting that claim.

McGahn wrote in his letter that Trump was “inclined to declassify” the Democrats’ memo, but given its sensitive passages, he was “unable to do so.” McGahn wrote that the president had instructed the Justice Department to work with Congress to mitigate those risks.

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Senate Minority Leader Charles E. Schumer (D-N.Y.) said in a statement: “The President’s double standard when it comes to transparency is appalling. The rationale for releasing the Nunes memo, transparency, vanishes when it could show information that’s harmful to him. Millions of Americans are asking one simple question: what is he hiding?” He was referring to the GOP memo, which was produced by the staff of Rep. Devin Nunes (R-Calif.).

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General Kelly’s Willful Ignorance is a Product of Military Culture

By Michael Bryan

People are shocked that Gen. Kelly demonstrably knew that the President’s Staff Secretary, Rob Porter, could not obtain a permanent clearance due to domestic abuse allegations, and yet kept him in a position which required him to handle Top Secret and above materials.

I am not.

As a former prosecutor who has handled hundreds of domestic violence allegations, I handled several dozens of charges against male members of the armed forces. Invariably, if the accused was an officer, the member’s commander reached out to me to inform me of what a fine officer and national security asset the accused was. Rarely did they ask me directly to drop the charges, but they almost always served as character witnesses for the accused. Invariably, I would be informed of the damage that would be done to national security, and the waste of the expensive specialized training the taxpayers had invested in the officer, should he be convicted and be unable to continue his military career. The formal zero-tolerance of domestic violence had led to an informal culture of always believing the best of the man.

I’m sure there exists no formal policy of disbelieving domestic abuse charges against members, but what I observed was a definite culture of men covering for men in the military. Perhaps it was all rationalized as force protection: keeping vital national security assets at the work on behalf of the nation. But the result was a steady pressure to exempt military officers from the consequences of their crimes against women.

Having seen, first-hand, how the military’s culture handles allegations of domestic violence against those whom they consider mission-critical personnel, I am not at all surprised that General Kelly gave Rob Porter the benefit of every possible doubt to keep him at his post.

I have little doubt that the military culture General Kelly marinated in his whole career influence his thinking in his new role. The key difference in his new context is that General Kelly was now confronted with an FBI background report refusing to grant Porter clearance due to credible allegations of abuse. Allegations of domestic abuse arising in such an inquiry are made under the threat of federal felony criminal charges if the women are lying to FBI investigators. That is not “he said, she said”: that is “she said in peril of felony charges, he said without consequences.”

The question in my mind is not “did General Kelly protect Rob Porter from the consequences of his crimes against women,” but “how often has he done so in the past?” To the investigative reporters of the nation I say, look into General Kelly’s command history: I guarantee you this is not the first time he has willfully disbelieved women about the violence of men in his command.

Update: I was just proven correct about this prediction.

The White House is stonewalling the Trump-Russia investigations (Updated)

A highly anticipated House Intelligence Committee interview with Stephen Bannon has been postponed until next week the committee said on Tuesday, as negotiations continue over the terms of his appearance. Bannon’s House Intel testimony postponed:

Bannon, the former White House chief strategist, was expected to skip his scheduled appearance Tuesday before the House Intelligence Committee, according to sources familiar with his plans. The move sets the stage for a showdown with lawmakers who had issued a bipartisan subpoena for his testimony.

“This is unacceptable, and the Committee remains united on this matter — the Committee’s subpoena remains in effect and his interview has been rescheduled for next week. Testifying before the Special Counsel does not obviate Mr. Bannon’s obligations under the subpoena issued by the Committee,” Rep. Adam Schiff, D-California, the committee’s ranking Democrat said on Tuesday in a statement. “Should Bannon maintain his refusal to return and testify fully to all questions, the Committee should begin contempt proceedings to compel his testimony.”

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(Update) Analysis by former FBI agent of Nunes Memo

In an earlier post, House Intelligence Committee releases controversial Nunes Memo – and an analysis that destroys it, I included a link to an analysis by Asha Rangappa, a former FBI agent who has been through the process of obtaining these kinds of warrants under the Foreign Surveillance Intelligence Act (FISA), written before the release of the Nunes Memo. Five Questions the Nunes Memo Better Answer.

Asha Rangappa has updated her analysis in an op-ed at the Washington Post after the Nunes Memo has been released. Devin Nunes tried to discredit the FBI. Instead, he proved it’s onto something.

The point of the memo written by House Intelligence Committee Chairman Devin Nunes (R-Calif.) and released Friday afternoon was supposed to be to expose corruption at the highest levels of the FBI. But what the memo actually did — albeit surely not intentionally — was exactly the opposite. In a brief 3½ pages, Nunes managed to confirm that the investigation into the Trump campaign’s possible ties with Russia has a very solid basis and that special counsel Robert S. Mueller III must keep looking into the case.

As a former special agent for the FBI working on counterintelligence, I used to obtain Foreign Intelligence Surveillance Act warrants, so I’m familiar with the procedures Nunes implies the FBI abused in this case. To initiate surveillance on former Trump foreign policy adviser Carter Page in October 2016, the government would have had to demonstrate that Page was “knowingly engaging in clandestine intelligence gathering activities for or on behalf of” Russia. Importantly, the “knowingly” requirement applies only to “U.S. persons” such as Page, not to foreign nationals — which means the government had a slightly higher burden in his case. It takes months and even years to obtain enough relevant evidence for a FISA application, which can include details from physical surveillance, phone and financial records, items recovered from the target’s trash and intelligence obtained from other sources. So the FISA application would probably have outlined the bureau’s efforts going all the way back to 2013, when Page was approached by the FBI, which warned him, based on recordings of Russian intelligence officers, that he was being targeted for recruitment as a Russian spy. (That same year, Page also reportedly wrote in a letter to an academic publisher that he was an “informal advisor to the staff of the Kremlin.”) In counterintelligence investigations, this kind of interview would have been intended to “neutralize” the Russians: The idea is that anyone who was being unwittingly developed as a spy, as Page appeared to be, would be dismayed to realize what was happening and would immediately cease further contact with their intelligence contacts.

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House Intelligence Committee approves release of Democratic Memo rebutting Nunes Memo; NY Times asks FISA Court for Carter Page warrant info

The House Intelligence Committee on Monday voted unanimously to release a memo drafted by Democrats to rebut a GOP-crafted document alleging surveillance abuses at the Department of Justice (DOJ). Intelligence Committee Republicans last week voted down a measure that would have made the Democratic memo public at the same time as the Nunes memo. House Intel votes to release Dem countermemo:

The 10-page classified document now goes to President Trump, who has five days to block its release if he so chooses. It remains an open question whether he will do so.

Don’t hold your breath.

The Democratic memo is expected to lay out a point-by-point rebuttal of the assertions in the Nunes memo and make the case that the FBI had good reason to spy on Page as part of the counterintelligence probe into the Trump campaign.

A decision by the Trump White House to block its publication would almost certainly set off a firestorm of accusations from Democrats that he is attempting to obstruct justice.

The White House has signaled that it is open to allowing the release of the Democratic memo, but included a caveat for national security protections.

There were no redactions made by the White House to the Nunes Memo for national security reasons.

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Delusional Trump says he is ‘vindicated,’ prosecutor says the ‘Nunes Memo’ is more proof of obstruction of justice

There has been a great deal of discussion by mental health professionals over the past year about the mental health of Donald J. Trump. See for example, The Dangerous Case of Donald Trump: 27 Psychiatrists and Mental Health Experts Assess a President. Numerous individuals have called for invoking the 25th Amendment because the president is mentally unfit to govern.

This tweet demonstrates that Trump certainly is delusional: A delusion is an unshakable belief in something untrue. These irrational beliefs defy normal reasoning, and remain firm even when overwhelming proof is presented to dispute them. Delusions are often accompanied by … feelings of paranoia, which act to strengthen confidence in the delusion.

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Trump tweets, and the media dutifully reports it as if it is “news” rather than merely the ravings of a delusional man. Trump Says Republican Memo ‘Totally Vindicates’ Him:

The memo, while trying to paint the origins of the Russia investigation as tainted, did nothing to clear Mr. Trump of either collusion or obstruction — the lines of inquiry being pursued by the special counsel, Robert S. Mueller III.

The memo in fact undermined Republicans’ efforts to cast doubt on the roots of the investigation by confirming that the inquiry was already underway when law enforcement officials obtained a warrant from a secret intelligence court to conduct surveillance on Mr. Page.

The Republican document, which Democrats dismissed as containing cherry-picked information and focusing on an obscure figure in the Trump campaign, confirms that a primary factor in the opening of the investigationin July 2016 was initial contacts between a former Trump foreign policy adviser, George Papadopoulos, and Russian intermediaries.

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