April 5, 2019

"I’ve covered the Justice Department for three decades, and seldom have I seen a story like the one published in the New York Times this week..."

"... under the headline, 'Some on Mueller's Team Say Report Was More Damaging Than Barr Revealed.' What concerned me most is that the story’s anonymous allegations reflect a fundamental misunderstanding of the role prosecutors play, including special counsels such as Robert Mueller. The job of prosecutors is not, as the Times headline suggested, to pen 'damaging' narratives about people they couldn’t indict. And it’s not their job to air those people’s dirty laundry, or that of suspects outside of a grand jury room or a courtroom....  The federal justice system created grand juries so that evidence that was embarrassing or damaging to defendants could be weighed behind closed doors but never released if it did not rise to the level of provable criminality. The Justice Department rules threaten any law enforcement officer or prosecutor with prosecution if they leak any proceeding that occurred before a grand jury. And the Justice Department rules governing grand juries unequivocally talk about the sanctity of protecting citizens who end up not being charged.... What’s most ironic about this Mueller probe leak is that it comes less than a year after former FBI Director James Comey was admonished publicly for holding a news conference to criticize Hillary Clinton for how she handled classified emails based on the results of an investigation that resulted in no criminal charges...."

From "Note to Team Mueller: If you don't indict, you can't incite" by John Solomon (at The Hill).

70 comments:

readering said...

On but here Trump proclaimed exoneration based on the secret report and folks like althouse took that and proclaimed hoax.

Phil 314 said...

The lack of a conviction will not change the firm fixed convictions many have about the President.

rehajm said...

How quaint these lofty ideals.

John Borell said...

"Some of Robert S. Mueller III’s investigators have told associates..."

I love the double-blind anonymous source; hearsay upon hearsay.

If Mueller had the goods, he would have indicted.

And it what world are we supposed to believe Barr would play fast in loose with what is in the report, knowing he'll be called to account at some point. If Barr wasn't truthful, Mueller would eat his lunch, not with anonymous sources.

I'm really tired of the fake news, leaks, anonymous sources bullshit.

rehajm said...

I’m not sure that rises to a strong journalistic standard

NYT gave itself permission to suspend journalistic standards back in 2016.

traditionalguy said...

A Stable genius somewhere has set the table for 2 years of a Punch and Judy Mueller Show that only clears Trump of Russian Collusion. Meanwhile the Utah Feds secretly finished the herculean task of indicting the mass of corrupt pols in both Parties.

As someone said, DC will never be America First until Trump ends the systematic Mega-Bribery of American pols by foreign countries paying them cash for favors and for access to our Top Secret Military plans. That would be about 50,000 Benedict Arnolds all selling America out for years. Which is why both parties fear Trump. The SOB won't take the bribes, or as they call it, " Act Presidential."

gilbar said...

It looks like Phil pi has already won, at 7:43

buwaya said...

This is the narrative all over the MSM.
The NYT, CBS, etc.

That of anonymous leaks about allegations of obstruction on a nonsensical charge of collusion.

This is political corruption, nothing less, on the part of public employees.

Darrell Harris said...

I'm actually amazed that there's not one prominent active Republican politician that's making the argument that none of the Mueller report should be released. If there wasn't sufficient reason to indict on any obstruction or collusion charges, then Mueller's refusal to press charges closes the issue. There is no reason to give the Democrats and the media (BIRM) $30 million in publicly-funded opposition research which, under grand jury rules, never presented a chance for the defense side to rebut in court. Grand juries don't adjudicate, they simply present the prosecution to make it's strongest case that it's unrebutted assertions rise to the level of needing a jury to properly review.

buwaya said...

Your entire government, the permanent public servants, all are in the same depths of corruption.
The system is self serving above all.

Because the roots of this are in the great American cultural split, and caste-war, this is not a recoverable condition. There is no path to reform as there is no pool of replacements to draw from, as there is no way to access the interest of the untainted, as these will be the first victims of a lash-back by the system. It is a tangled mess that cannot be teased apart.

The only way out of the Gordian knot is Alexanders sword, which has its own consequences.

Fritz said...

I hope buwaya is wrong.

Mike Sylwester said...

These NYT articles are our country's norms.

Sebastian said...

"What concerned me most is that the story’s anonymous allegations reflect a fundamental misunderstanding of the role prosecutors play."

What concerns me most is that so many commentators suffer from the fundamental misunderstanding that Mueller and his Dems were "prosecutors" following "the law" to investigate "a crime" in nonpartisan fashion.

Instead, it was a witch hunt and a hit job--though not of the kind to tug at women's heartstrings--to take down Trump.

But who gets worked up about prog malice these days?

Browndog said...

Pathetic, that so many in the Washington chattering class act upset that the Mueller report isn't the end of it. Next, they'll act surprised if the democrats get Trump's taxes and everything is in order, that'll be the end of that too.

If Mueller came back with indictments, they'll want him impeached. Once impeached, they'll want him imprisoned. Once imprisoned, they'll want him executed. Once executed, they'll want his family to follow.

There can only be one response, one mindset when dealing with the left; an op-ed isn't it.

In the words of the great Andrew Breitbart..."F*ck you. This is war."

Hagar said...

It is my understanding that Mueller's mission did not include the power to indict; just to find out if there were any evidence justifying an indictment.
And his report says he did not find any such evidence.

narayanan said...

@Phil pi = Phil. 3:14

do you think this is equivalent to Phil. 3:14 also?

"To hold an unchanging youth is to reach at the end, the vision with which one started."

Gk1 said...

This whole debacle reminds me of a Blake Edwards slapstick routine where Inspector Clouseau is trying to kill a mosquito. In this case its democrats trying to get Trump. They are tearing down the house, smashing a chandelier, flailing the entire time, falling down open stairs and finally falling out of a window. That's what they are doing to our constitution and ideas of the peaceful transition of power and due process. All in the service of destroying Trump. Those fuckers won't be happy till they trigger another civil war.

mccullough said...

There was never a grand jury for the Hillary investigation.

Just the FBI —Strzok and his underlings.

Clintons underlings would have been inducted for lying to the FBI. Also, a grand jury could have indicted Hillary but Lynch said no chance on indicting for being careless with classified information.

Comey, Strzok, Page, McCabe are gone. Page resigned and the other three were shitcanned.

Mueller’s Team is done with government work. They are going to have to do internal investigations for the NFL or Nike now.

Marty Keller said...

Fritz said, I hope Buwaya is wrong.

As someone who's spent thirty years in and around California state government, I gotta say that, if anything, Buwaya understands the challenge.

Jaq said...

The first time I saw that article, my first thought was “why are the prosecutors worrying about the political impact of their report?” Then I remembered that it was a partisan hit job from the start, and political damage was the whole point.

TJM said...

The Slimes is a viewspaper for lefties. They have to keep their morale up

Bruce Hayden said...

“It is my understanding that Mueller's mission did not include the power to indict; just to find out if there were any evidence justifying an indictment.
And his report says he did not find any such evidence.”

I think that you have to be careful here. Mueller indicted plenty of people and organizations, and the Russians he indicted were for trying to compromise our elections. Of course, that was for show, because he based some of it on DNI Clapper’s now fairly well discredited claim that the DNC had been hacked by the Russians, instead of being the inside job it almost assuredly was. The Mueller investigators likely knew that it was a bogus claim, if for no other reason than the FBI agent whom Clapper selected to be in charge of the FBI part of the “forensic analysis” of the DNC server was none other that the infamous Peter Strzok, who, of course, went on to join the Mueller investigation, until Mueller was made aware of his thousands of text messages with FBI atty Lisa Page. Yes, the same Peter Strzok who also led the Midyear Exam (Clinton) and Crossfire Hurricane (Trump) investigations. Mueller’s prosecutors figured that they would never be able to get all these Russian officials out of Russia and into a US courtroom, so appear to have skated too near the edges there with those indictments. Except that one of the Russian defendants did show up in court, and demanded their Speedy Trial rights. Don’t expect it to ever go to court, but do fantathize a bit about the prosecutors trying to prove Clapper’s claim that the Russians hacked the DNC servers, without bothering to ever physically access the servers, but instead depended entirely on Crowdstrike, a DNC, which at the time meant Clinton, contractor. There were also indictments of peripheral people for unrelated crimes, as well as for process crimes generated by the Mueller team, both for the purpose of pressuring those people to roll or flip on Trump. It didn’t work, but Cohen is now offering the House Democrats a lot more dirt on Trump if they can keep him out of prison. Don’t expect that to go that well since AG Barr, and his DoJ, control the process that might keep Cohen out of prison, and not the House Democrats, and they have no incentive to do anything to extend the nonsense any longer than necessary.

The place where Mueller’s prosecutors likely didn’t have the power to indict was with Trump, himself. First, he is Constitutionally exempt from most federal prosecutions as long as he is in office. And secondly, their ability to prosecute anyone is part of his Article II Executive Power, which he essentially delegates to them. They work for him, and if he tells them not to prosecute someone (including himself), they are bound Constitutionally and morally to obey him (which is why I don’t think that it was wrong for the Obama/Lynch DoJ not to prosecute Crooked Hillary). Arguably, a mere denial of their charges (by, for example, pleading not guilty) by Trump in court would completely delegitimize their prosecution of him by revoking his delegation to them of prosecutorial power and discretion in that case. Mueller and his team of rabidly partisan prosecutors could indict anyone else they had built a legitimate case against, just not the President.

Mr. D said...

It’s the same thing that happened to Scott Walker when the John Doe witch-hunt went pear-shaped. We got to read every crap theory the corrupt prosecutors had.

Balfegor said...

I think the anonymous sources here aren't directly from the unnamed members of the team, but rather, from friends they griped to. It's certainly possible that they pulled a Comey and are deliberately laundering their disclosures through "friends" the way Comey used that professor as his patsy, but I don't think we can jump to a conclusion that the prosecutors themselves are directly engaging in this inappropriate behaviour.

In any event, some form of the Mueller report is going to become public in the not-so-distant future, so we'll get a bit more visibility. On obstruction, the basic problem for the conspiracy theorists is that Mueller had the option to indict or recommend indictment if he thought the facts justified it, and he didn't.

My suspicion -- because I've used the same sort of formulation when summarizing the findings of internal investigations myself -- is that the distinction between the collusion and obstruction findings is that on collusion the evidence persuasively pointed to no collusion, so there could be "exoneration" there. But on obstruction, while there was evidence that could be read as indicative of obstruction, the evidence obtained was insufficient to support prosecution for obstruction. I don't know what standard they used (probable cause is a low standard, and beyond reasonable doubt a high one -- maybe they used one in between?), but say the bar for a prosecution decision was set at 75%. If they only got to 50%, they wouldn't indict, but if DOJ wanted to do so, that would still be sufficient for indictment. Again, probable cause isn't a particularly high bar to clear, and grand juries are famously willing to indict ham sandwiches.

Hagar said...

Did the Office of the Special Counsel indict, or the DoJ based on evidence passed on to them by the Special Counsel?

CJinPA said...

I'm actually amazed that there's not one prominent active Republican politician that's making the argument that none of the Mueller report should be released.

Most prominent active Republican politicians hate Trump and won't expend one iota of political capital defending him or most of his policies.

Kevin said...

This is the narrative all over the MSM.
The NYT, CBS, etc.

That of anonymous leaks about allegations of obstruction on a nonsensical charge of collusion.


The Progs were starting to turn the dial and tune out.

Oh wait, here come the anonymous leaks!

Kevin said...

I'm actually amazed that there's not one prominent active Republican politician that's making the argument that none of the Mueller report should be released.

The Republican Party changed out its principles for political correctness some time ago.

That's how we got Trump.

Kevin said...

Mueller and his team of rabidly partisan prosecutors could indict anyone else they had built a legitimate case against, just not the President.

And yet they came up empty.

Still the talking heads can barely spit the words "no collusion" out of their mouths, and only once so as to have a record should they need it later.

Now it's all, "we don't really know" and "we'll have to read the report", which on its face is false in the larger sense they're talking about it.

We know almost everything, and yet they continue to tell us we know nothing.

CJinPA said...

In the words of the great Andrew Breitbart..."F*ck you. This is war."

Even better, it's just "Fuck. You......War."

https://www.youtube.com/watch?v=FhSy-6VqIww

stlcdr said...

“Those fuckers won't be happy till they trigger another civil war.”

Which will be Trumps fault, of course. And the democrats will appear to be the voice of reason.

Balfegor said...

Re: Hagar:

Did the Office of the Special Counsel indict, or the DoJ based on evidence passed on to them by the Special Counsel?

The Special Counsel had a grand jury who could return indictments.

Jersey Fled said...

Whenever you read "anonymous source" substitute the words "an old gypsy woman". The claim will make a lot more sense that way.

Except in this case it was one old gypsy woman telling another old gypsy woman.

Yancey Ward said...

The important thing to note about the NYTimes story is the sourcing- it is 3rd hand sourcing- for example, people who have talked to members of the Mueller team, or people familiar with their thinking. Now, this could be a way to shield the leakers for breaking the law, but I suspect it is just horseshit reporting by the journolists.

Yancey Ward said...

The first comment in this thread shows you the insanity of the Left:

"On but here Trump proclaimed exoneration based on the secret report and folks like althouse took that and proclaimed hoax."

He was exonerated. You literally have to be insane to believe that Mueller and his team let him skate even though they had evidence of a crime they could prosecute. If you are accused of murder, but there is no evidence found that you did, you too would be exonerated of the crime. In short, if exoneration is absolute proof of innocence, then no one is exonerated, ever, because it is an impossible standard.

Bruce Hayden said...

“Did the Office of the Special Counsel indict, or the DoJ based on evidencee passed on to them by the Special Counsel?”

Additionally to what Balfeger just said, they did pass some of the cases off to some of the USA offices. It was never clear what decision metric they see for that determination. And they might have done better if they had done that more. Several of the judges involved seemed to seriously doubt the legitimacy of the prosecutions based primarily, it seems, on their previous dealings with the prosecutors involved before they joined the Mueller team. Esp, I think lead prosecutor Andrew Weissman, who had ruined a number of lives, and the livelihood of thousands, with his prosecutorial misbehavior. I do wonder who pulled the strings allowing him to have kept his law license.

Browndog said...

CJinPA said...

In the words of the great Andrew Breitbart..."F*ck you. This is war."

Even better, it's just "Fuck. You......War."

https://www.youtube.com/watch?v=FhSy-6VqIww


Thanks for the correction. It was a long time ago.

Martin said...

Ah, but John Solomon assumes that the Mueller investigation was looking into potential criminal activity. That was never its purpose or its mode of operation, it was always a political effort to undo the 2016 election, from the moment Rosenstein signed to order creating it, through all the leaks, the entrapment of poor mopes like Papadopolous and Page, indicting Manafort for unrelated financial shenanigans from years before so he could be squeezed, on and on.

So the whole purpose was to incite a political tsunami that could impeach and convict Trump of anything that came to hand. Clearly, the effort to do so continues, barely missing a beat since the report was filed.

Trump called it a witch hunt, but he was being far too kind. People who hunted witches thought that witches existed and did bad things to people. The Mueller probe is far more cynical and destructive than any old 17th century witch-hunt.

Original Mike said...

"My suspicion -- because I've used the same sort of formulation when summarizing the findings of internal investigations myself -- is that the distinction between the collusion and obstruction findings is that on collusion the evidence persuasively pointed to no collusion, so there could be "exoneration" there. But on obstruction, while there was evidence that could be read as indicative of obstruction, the evidence obtained was insufficient to support prosecution for obstruction."

Evidence we don't know about? Because the evidence for obstruction in the public record is nonexistent.

Balfegor said...

Re: Original Mike:

Evidence we don't know about? Because the evidence for obstruction in the public record is nonexistent.

First, the way Barr phrased it, it sounds like there is some evidence not in the public record. Second, "evidence" of obstruction doesn't mean dispositive evidence -- just means a piece of information that points in one way or another. Trump saying that he fired Comey because of the Russia thing (I forget his exact language in the interview, but he linked the two) is evidence -- however weak you may think it -- that could point in the direction of obstruction.

Original Mike said...

"Trump saying that he fired Comey because of the Russia thing (I forget his exact language in the interview, but he linked the two) is evidence -- however weak you may think it -- that could point in the direction of obstruction."

Seems to me that requires there to actually be a Russian thing (among other things).

Yancey Ward said...

Mueller and his team were going to indict Trump, or suggest it after impeachment based on Trump's public attacks on the Special Counsel. I think they never intended to use the Comey firing at all because Ron Rosenstein would be implicated, too- in short, to use it, Rosenstein would have had to recuse himself and put a more pro-Trump DoJ official in charge. That was never going to happen.

I think Mueller had Rosenstein's support for this plan for almost a year and a half- they just needed the Democrats to take the House, at a minimum, before acting. However, the plan was put in jeopardy by McCabe's outing of Rosenstein as a coup plotter (true intent or not, Rosenstein never denied saying he could wear a wire). When that was done, Rosenstein's ability to act on Mueller's recommendations was badly damaged going forward. Worse for the plotters, though, was not only failing to take the Senate, but failing to even hold to 49 seats- this allowed Sessions to be fired and replaced. With the coup plotters out of power in the DoJ, Mueller folded his hand.

AZ Bob said...

"....(F)ormer FBI Director James Comey was admonished publicly for holding a news conference to criticize Hillary Clinton for how she handled classified emails based on the results of an investigation that resulted in no criminal charges." --John Solomon in the linked article.

Everything about the Hillary Clinton investigation broke traditional law enforcement practices. First, AG Lynch begged off after her secret meeting with Bill. That may have been appropriate but then another prosecutor needs to be enlisted. Lynch knew the outcome would be good for Hillary so she trusted Comey to put the matter to rest. Lynch must have been surprised when Comey laid out Hillary's transgressions.

As a retired prosecutor, a law enforcement office never makes a unilateral decision on a case. Even if the officer, usually a detective, is against filing a case, the officer visits the prosecutor who is responsible for writing a formal rejection memorandum if a rejection of the case is appropriate.

So why did Comey announce that no case would be filed but then turn around and list all the wrong things Hillary did? Could it be guilt? He knew the system was rigged for Hillary. He may have had enough conscience to feel that the truth should be told. It is ironic that he made it plain to voters that the DOJ was corrupt.

Comey giveth, and Comey taketh away.

Original Mike said...

"So why did Comey announce that no case would be filed but then turn around and list all the wrong things Hillary did? Could it be guilt?"

What else could it have been?

Balfegor said...

Re: Original Mike:

People interfere with investigations even if they are confident the investigation is going to lead nowhere. It's the interference with the process that is problematic, not the result. There are people who are used to being in control, who can't accept a bunch of lawyers pawing through all their stuff, and try to block it. Often it's stupid stuff like going through their work computer and deleting personal photos or diaries, or lying to conceal something embarrassing but also totally irrelevant. Sometimes it's more serious, but I hesitate to discuss specific scenarios I have encountered.

Ignorance is Bliss said...

Original Mike said...

But on obstruction, while there was evidence that could be read as indicative of obstruction, the evidence obtained was insufficient to support prosecution for obstruction.

My understanding, from Barr's statements, was that they had evidence of certain acts, but that it was open to interpretation as to whether those acts constituted obstruction of justice.

The issue was not one of insufficient evidence, nor of the evidence being uncertain or equivocal. It was simply a question of whether the actions that took place constituted obstruction of justice.

I think it refers to things like Trump expressing to Comey his hope that Comey can let the thing with Flynn go. ( Trump may have also asked a couple other people to also express the same idea to Comey. ) So is Trump obstructing justice, or simply trying to influence Comey's prosecutorial discretion, which is a power delegated to Comey from Trump in the first place?

Chuck said...

The most optimistic and heartwarming comment I’ve seen today:

Blogger CJinPA said...
“I'm actually amazed that there's not one prominent active Republican politician that's making the argument that none of the Mueller report should be released.”

Most prominent active Republican politicians hate Trump and won't expend one iota of political capital defending him or most of his policies.


One can only hope. As for Trump “policies,” I think that he mostly borrows them from conservative Republicans. So that part I cannot completely agree with.

But yeah; who in their right mind would go out on a limb for Trump? Jeff Sessions; Rex Tillerson; Gary Cohn; Paul Ryan; Generals Mattis, Kelly, McMaster and Flynn; good men all whose worst chapters in their successful lives were their encounters with Trump.

Original Mike said...

"My understanding, from Barr's statements, was that they had evidence of certain acts, but that it was open to interpretation as to whether those acts constituted obstruction of justice."

That's what I'm guessing, until being presented with evidence to the contrary. And to proceed with obstruction charges against a President on that basis would be outrageous.

AZ Bob said...

Firing Comey with the intent of stopping the investigation is one of the grounds being advanced for obstruction. Also, Trump discussed firing Mueller with his staff and I bet that the Mueller report considered this as a form of obstruction. Get back to me if they have any evidence that Trump told witnesses to lie, which is what Bill Clinton did.

AZ Bob said...
This comment has been removed by the author.
Ignorance is Bliss said...

And to proceed with obstruction charges against a President on that basis would be outrageous.

Agreed. President Clinton was caught unequivocally obstructing justice when he tried to get Betty Curry to lie for him. Most Democrats did not consider that an impeachable offense. So Democrats as a group would have to be every bit as hypocritical as we all know that they are in order to go for impeachment over this.

Ralph L said...

Trump saying that he fired Comey because of the Russia thing (I forget his exact language in the interview, but he linked the two) is evidence -- however weak you may think it -- that could point in the direction of obstruction.

Except that Trump can fire Comey for any reason. If the FBI investigation of Trump was then shut down, what law was broken? There'd be a political shitstorm, but the FBI isn't an independent branch of government, it's under the supervision of POTUS.

Bruce Hayden said...

“So why did Comey announce that no case would be filed but then turn around and list all the wrong things Hillary did? Could it be guilt? He knew the system was rigged for Hillary. He may have had enough conscience to feel that the truth should be told. It is ironic that he made it plain to voters that the DOJ was corrupt. ”

My take on what happened with Comey and Crooked Hillary is a bit more sympathetic to Comey than most are. Backing up a bit, Ashe was Secretary of State when the four Americans died on the anniversary of 9/11 in Benghazi, Lybia. The Administration lied through their teeth about the cause of the four being killed. They perpetuate the hoax that it was the result of a video that no one saw made several years earlier. We never did find out why the Administration lied, nor why no help came, but do know that the commander of AFRICOM was relieved of command when he tried to ignore orders from the joint chiefs to stand down. Inquiring minds wanted to know who made the decisions about reducing security, not adequately warning Ambassador Stevens, why no relief was sent, and why they lied. And, since it was the Obama Administration, those inquiring got butkus willingly. So FOIA requests were sent, and, after much litigation, eventually answered. The four who died worked for her, so imagine everyone’s surprise when the State Dept responded to FOIA requests about Clinton’s emails about Benghazi, that they didn’t have any. What? Turns out they didn’t have a single email from her four years as Secretary of State. Period. She had never had a state.gov email account, ever. A little more digging, and it was discovered that she had actually used email to conduct official government business - just not the email accounts that she was legally required to use. Since those emails were government property, the government was entitled to have them. Because of the blatant Official Records Act violations, along with the highly probable Espionage Act violations (she had been one of 5 original classifieds when SoS, responsible for all the classified information in our embassies around the world - the possible destruction of which is why they all have Marine detachments), was why the House sent a criminal referral to the FBI sometime in maybe spring of 2016 (after over three years of court cases to enforce FOIA requests). Which is to say that the timing was completely the result of Clinton using the illegal private email server, and the Obama Administration fighting every scrap of disclosure tooth and nail (since the stand down orders very obviously originated in their White House).

Bruce Hayden said...

Now we get into merkier territory. The FBI had the criminal referral, and was obliged to at least look at it. The FBI rank and file knew, and also knew that little was being done, possibly trying to run out the clock until the election five months down the road. They knew that their agency was not really investigating the biggest security breach of at least the decade, if not half century - the Secretary of State had opened up her email to be hacked by national actors around the globe, because she didn’t want her pay-to-play scheme of personal, family, and foundation enrichment be disclosed to the pesky Vast Rightwing Conspiracy. The result, as has become apparent, is that multiple countries, likely including Russia and China, were able to discern, in real time, the reality of US foreign policy, as well as pending drone targets in allied countries (such as Pakistan) before launch because of their needed State Dept approvals.

So, why didn’t the FBI just do their duty and do the sort of investigation that they routinely do so well? Nothing was happening, 5 months before the election. It sure looked like the fix was in, and the FBI was going to be stuck with egg all over their faces. So, the word was out to the FBI leadership that they needed to address this seriously, or the rank and file were going to start leaking big time. That is a big part of the background behind Comey’s public exoneration of Clinton. It was either go public, or be sandbagged by dozens of FBI people, who had committed their lifetime to the agency, and its reputation was being besmirched (they had little idea of what was to come over the next almost three years).

Bruce Hayden said...

But the thing that Comey didn’t say directly, and wasn’t really confirmed until a couple weeks ago, when former FBI atty Lisa Page’s Congressional testimony was released mostly unredacted by Rep Collins. Turns out, the fix was in. When Comey said that no prosecutor would have prosecuted the case, he wasn’t lying, because it was the Obama political appointees at the top of the DoJ that had determined that smoking gun intent was required to indict their party’s Presidential candidate for violation of the Espionage Act. No prosecutor would indict for anything less, because that is what the political leadership in the DoJ had decreed. Moreover, they were interfering in the investigation as much as they could without actually ordering the FBI to stand down. They refused to provide the FBI with prosecutors, which meant no grand jury, subpoenas, and search warurants. They demanded to have multiple high ranking people at any meetings with Clinton or her people, negotiated the immunity agreements for all of her coconspirators and confederates, then allowed them to attend her unsworn interview as her attorneys. As I said, the fix was in. Comey was caught between a rock and a hard place, with his troops ready to mutiny, and his bosses ready to take his head if he revealed that they were the ones making sure that Crooked Hillary never saw the inside of a prison cell.

hombre said...

Mueller’s Democrat button men, like all Democrat activists, understand that laws and codes of ethics don’t apply to them. They would naturally see anonymous defamation as a subset of unsuccessful prosecution. That would also explain earlier leaks.

They are scum.

Bruce Hayden said...

Let me add to my last, that President Obama had made his views known. He didn’t want Clinton tried for her crimes. It was perfectly within his Article II Powers to have made that decision. The problem, in my mind, was that he and his Administration refused to tell the American public that that was his decision, and pay the political price of that refusal to investigate and prosecute. Instead, they kinda went through the motions, and that was why it ultimately blew up on them.

Balfegor said...

Re: Bruce Hayden:

I would have more sympathy for Comey if he were less of a drama queen. He wants to play-act the part of someone who stood up for justice against Trump, Saturday Night Massacre style, except everyone knows he was happy to suck-up to Trump (assuring him "I don't do weasel moves.") right up until the moment Trump fired him. He didn't resign out of principle at all. He's kind of pathetic.

Balfegor said...

Anyhow, back on the subject of these alleged leaks -- this is what goes through my head. If they're leaking directly, or intentionally engineering the leaks, the hammer ought to come down on them.

Bruce Hayden said...

“Turns out, the fix was in. When Comey said that no prosecutor would have prosecuted the case, he wasn’t lying, because it was the Obama political appointees at the top of the DoJ that had determined that smoking gun intent was required to indict their party’s Presidential candidate for violation of the Espionage Act.”

What I meant there was that the DoJ was requiring essentially some sort of written collaboration or admission by Clinton that she had intentionally set out to violate the Espionage Act. We all know by now that the Espionage Act merely required gross negligence. But even with that off the table, prosecutors could easily have proven intent to violate the law, beyond a reasonable doubt, by her long history of having had high level security clearances, the training that she took yearly to maintain such, the special training that she had as one of five principal classifiers for the federal govt, and the dozen or so NDAs that she signed. The DoJ routinely makes Espionage Act cases on far weaker evidence of intent. Despite that, that an unbiased prosecutor would happily try to prosecute her case, based on the evidence at hand,netherworld DoJ was demanding a far higher level of proof of intent, one where there was no room for denial.

Amadeus 48 said...

I think Barr is going to clean house in the DOJ. If so, a lot of people are going to be in a world of hurt based on what they did in 2016 and 2017.
It is worth listening to Byron York’s two hours of interview with John Dowd on how Dowd and Cobb defended Trump. Mueller comes across quite differently than I thought he would, but then Dowd was Trump’s lawyer so there is some spin going on. Very interesting and maybe true, given the way things are turning out.

Bruce Hayden said...

Blogger Balfegor said...
“Anyhow, back on the subject of these alleged leaks -- this is what goes through my head. If they're leaking directly, or intentionally engineering the leaks, the hammer ought to come down on them.”

I am fairly certain that there weren’t any real leaks by anyone officially connected to Mueller. Either there was nothing to leak, or AG Barr put the fear of God in the Mueller prosecutors, letting them know that they were watching, they knew who tended to leak to whom, and would prosecute leaks as felonies. Felony convictions make continuing to practice law in a big firm after leaving the DoJ problematic. I think that the description of the source for the alleged adverse information is loose enough that it could just as easily have been Christopher Steele as the source, or some other partisan hack, as originating in the Mueller investigation. Maybe it was just the reporters smoking weed (I read yesterday that a lot of the younger reporters routinely take Meth or Adderal, to stay sharp, and if they do, they may need the pot to come down so that they can get to sleep at night).

Greg Q said...

Blogger Bruce Hayden said...

As I said, the fix was in. Comey was caught between a rock and a hard place, with his troops ready to mutiny, and his bosses ready to take his head if he revealed that they were the ones making sure that Crooked Hillary never saw the inside of a prison cell.


No, he wasn't.

As the head of the FBI, he could have, and should have, gone public the first time the DoJ interfered. That's what he would have done if he were the person his press releases said he was. This is what Canadian Attorney General Jody Wilson-Raybould did.

If he'd done that, worst case for him is that he gets "Saturday Night Massacred", and goes into private service where he makes buttloads of money. But he not a moral, ethical, or otherwise decent human being. Comey was a power-hungry suck-up.

No excuses. No sympathy.

Note: He would have done this long before Trump was the GOP front-runner. So he didn't have that excuse, either.

narciso said...

;
like dr. Strangelove's salute

https://legalinsurrection.com/2019/04/kevin-mccarthy-sad-day-when-democrats-vote-against-israel-and-in-support-of-the-bds-movement/#comments

Rory said...

"So why did Comey announce that no case would be filed but then turn around and list all the wrong things Hillary did?"

One possibility is that he laid everything out to give the Democratic convention information sufficient to stop her campaign, if they could find some sensible people among themselves.

Birkel said...

The guys who pretended to be investigating what they knew was a false story about non-crimes aren't straight shooters? The deuce you say!

The author of this article is an either idiot who doesn't understand the situation or is purposefully ignorant of the corruption of the CIA, FBI, State Department, DOJ, and the courts under Obama.

Or, charitably, the sort of cognitive dissonance the author would experience admitting these things is just too painful.

Bruce Hayden said...

“The author of this article is an either idiot who doesn't understand the situation or is purposefully ignorant of the corruption of the CIA, FBI, State Department, DOJ, and the courts under Obama.”

I think that the better explanation is that much of the MSM are best described as Dem operatives with bylines. Truth or falsity are irrelevant. What is important is usefulness to the cause of attacking Trump’s Presidency. If they have to fudge the facts a bit, or even blow them up with dynamite, the cause is just. Just remember: OrangeManBad.

Birkel said...

Bruce Hayden:
That is fully subsumed by the "purposefully ignorant" option. The reason for the purposeful ignorance is politics. But that doesn't change the fact that the author has no good reason for not appreciating the situation and communicating the same.

Michael K said...

Solomon has been, unless I have him mixed up, the source of considerable good reporting on the Russia hoax.

Ken B said...

The report will be out in two weeks. The rest is masturbation. Me, I prefer head; I'll wait for the report.