OpenCDA

April 13, 2018

Just Released: USDoJIG Report – McCabe Firing

Filed under: Probable Cause — Tags: , — Bill @ 1:58 pm

McCabe OIG Report Cover|

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Here is a link to the cover letter and the 39-page report of the Office of Inspector General, US Department of Justice, released April13, 2018.

A Report of Investigation of Certain Allegations Relating to Former FBI Deputy Director Andrew McCabe

April 12, 2018

How Will They Know?

Filed under: Probable Cause — Tags: , — Bill @ 12:21 pm

SherlockHemlock MuellerSenate Majority Leader Addison Mitchell McConnell Jr. and Speaker of the House of Representatives Paul Davis Ryan Jr. are among several Fools on the Hill urging President Trump to just let Special Counsel Robert Mueller finish his investigation.  Just let him finish the job he started, they’re saying.

That certainly sounds like a reasonable suggestion.  Except it’s not.

How will McConnell, Ryan, and the other Fools on the Hill know when the investigation is finished?

What are the clearly enumerated defined investigative criteria being used to judge the sufficiency of  the Mueller Hit Squad’s investigation?

Who has been designated and empowered to be the person to say that the investigation has reached its conclusion?

The answers to those questions should have been clearly enumerated and included in the authorization for the Special Counsel, but they weren’t.

Why not?

The answer to that last question may be in what was not included in Order 3915-2017  signed by Acting Attorney General Rod J. Rosenstein on 5/17/17.  That was the order which appointed the Special Counsel to investigate Russian interference with the 2016 Presidential election and related matters.  Paragraph (b) of that Order gives Mueller almost unlimited authority to investigate “any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump“. [emphasis mine]

Notice, however, the Order does not authorize as well the investigation of “any links and/or coordination between the Russian government and inviduals associated with the campaign of nominee Hillary Clinton.”  Had the Clinton campaign been mentioned specifically with the Trump campaign in the Order, it would have forced Rosenstein to include the kind of specificity I suggested.  It would have made it difficult for Mueller to ignore the Clinton campaign’s and the DNC’s now-proven financial relationship with the Russian government to create the fictional Steele dossier.  It would have made it difficult for Mueller to focus his entire inquisition on Trump.

By specifically excluding the Clinton campaign from the Order, Rosenstein gave Mueller complete authority to ignore Clinton campaign complicity with the Russians and also to ignore other crimes committed by the Clinton campaign and others.

For an exceedingly clear explanation of just how corrupt the US Department of Justice has become, read ‘Talk to Mueller?  No, Trump Should Use His Bully Pulpit to Expose Mueller’s Corruption‘.  It was written by Kurt Schlichter and was posted April 12, 2017, on townhall.com.

February 24, 2018

Schiff (HPSCI) Memo Released Today

Filed under: Probable Cause — Tags: , , — Bill @ 2:13 pm

United_States_House_Permanent_Select_Committee_on_IntelligenceToday the Democrat Minority on the House Permanent Select Committee on Intelligence (HPSCI) released its own version of events concerning the FBI’s alleged misuse of a FISA warrant to intercept Trump campaign conversations.  Here is a link to the 10-page memorandum released today.

The Republican Majority on the HPSCI released its version of events in a memorandum on February 2, 2018.  Our OpenCdA post on February 2, 2018, entitled Nunes (HPSCI) Memo Released includes a link to the Republicans’ memorandum.

As you would expect, the Democrats and Republicans have differing accounts of how the FBI obtained the FISA warrant and renewals to intercept Carter Page.

The best information about the representations made to the FISA Court by the FBI would be in the applications and supporting documentation and, if available, transcripts of those FISA Court hearings.  That information is being sought by Judicial Watch in the lawsuit cited and linked in my February 2, 2018, post Nunes (HPSCI) Memo Released.  It is likely that the House Committee on the Judiciary would also be interested in reviewing the FISA applications material.

February 13, 2018

Appoint a Presidential Commission

Warren Commission Composite NYTWith  American citizens finally becoming more aware of  the scope and gravity of the institutional corruption involved in and around the 2016 election, members of Congress are receiving increasing demands to appoint another Special Counsel.

As I opined in my OpenCdA post on January 12, 2018, entitled So It Never Happens Again …,  merely appointing yet another Special Counsel to look into the allegations of apparent criminal wrongdoing associated with the 2016 national general election would be an incomplete approach.

I don’t dispute there are grounds for such a Special Counsel.  However, I believe the job of rehabilitating corrupted and crippled agencies whose missions are critically important to the national security is too much for a Special Counsel.

Before you conclude I’m overstating the scope of work required for rehabilitation, consider this:

Credible evidence released by diligent House and Senate committees has provided solid reasons to believe that the following government bodies have some involvement either as alleged violators or as victims in the numerous and various statutory and administrative rule violations:

  • Central Intelligence Agency (alleged violator)
  • Committee on Foreign Investment in the United States (CFIUS) (victim)
  • Department of Justice (alleged violator)
    • Federal Bureau of Investigation (alleged violator)
  • Department of State (alleged violator)
  • Federal Election Commission (victim)
  • Former President Obama and his Executive Office of the President (alleged violator)
  • Foreign Intelligence Surveillance Court (victim)
  • Internal Revenue Service (alleged violator)
  • National Security Agency (alleged violator)
  • US Congress (victim)

Very arguably the most important objective of  rehabilitation has to be to restore the public’s confidence in our federal agencies to perform their duties honestly and diligently.  (Lest we forget, the honest and diligent employees of all the alleged violator agencies are ‘the public,’ too.)  Thus far, the Mueller Special Counsel effort has produced  little or nothing to accomplish that objective.

There is another objective that no Special Counsel will have the courage to touch:  An open and frank discussion of the miserable failure of our First Amendment-protected news media to provide timely, accurate, and complete reporting of verified information (not opinion) to We, the People.

That discussion must include but not start with the performance of reporters or editors or news directors.  It must start with media owners’ lack of understanding the importance of timely, accurate, complete news reporting.  Then these owners must be questioned about their lack of commitment to that same reporting.

In part the failures of federal agencies have apparently been aided and abetted by the First Amendment-protected news media’s decisions to ignore or under-report those failures.   The media owe We, the People, some answers for their seemingly aiding and abetting alleged crimes that have been committed against all the people of the United States.

If the public’s confidence in the integrity of some critical agencies and their employees is to be restored, we need a Presidential Commission with far more horsepower, moral courage, and integrity than we are likely to ever see from another Special Counsel like Robert Mueller.

February 9, 2018

It’s Called ‘Sanitizing’

Filed under: Probable Cause — Tags: , , — Bill @ 8:23 pm

United_States_House_Permanent_Select_Committee_on_IntelligenceToday the President determined that the Democrat response to the Republican HPSCI memo could not be properly declassified and released to the public as written.

The letter from White House Counsel Don McGahn to the HPSCI Chairman Devin Nunes was released today.   The unclassified letter offered the Executive Branch’s assistance to the HPSCI Minority in making revisions which would allow public release of the minority’s memo.

The process of rewording classified information to permit the information to be released to the public is called “sanitizing.”

Sanitizing is a very common practice,  and when done honestly and diligently by knowledgeable, skillful writers, their desired message can be conveyed without revealing sensitive national security information.

Congress Getting Very, Very Warm …

Filed under: Probable Cause — Tags: , , — Bill @ 12:30 pm

FISC SealThe House Permanent Select Committee on Intelligence (HPSCI) and its Chairman Devin Nunes are getting very, very warm when it comes to ‘unmasking’ the apparent corruption and exploitation of the Foreign Intelligence Surveillance Court (FISC) by some Mahogany Row players in the Obama Justice Department (DoJ) and the Federal Bureau of Investigation (FBI).

On February 7, 2018, Chairman Nunes sent a formal written request, a letter to the Presiding Judge of the United States Foreign Intelligence Surveillance Court, requesting, “… transcripts of any relevant FISC hearings associated with the initial FISA application or subsequent renewals related to electronic surveillance of Carter Page.”

Clearly, Chairman Nunes and the HPSCI need to see all of the material submitted to the FISC to determine the extent of the representations, if any,  made to the Court in obtaining a FISA warrant and its three renewals to use the Foreign Intelligence Surveillance Act to conduct an unlawful electronic surveillance on US citizen Carter Page.

Beyond that, it is very possible the HPSCI’s examination of these materials may reveal a pattern of deception practiced by officials in both the DoJ and FBI in seeking or securing other FISA warrants against US citizens unlawfully “unmasked” after incidental contact with persons lawfully the targets of FISA interceptions.

(P.S.:  It appears that even Sulzburger’s Slimes at the New York Times can no longer continue to ignore the post mortem stench of the Obama administration.  On February 6, 2018, the New York Times Company submitted a motion to the FISA Court requesting that the Court “… order publicatiion of all of its orders authorizing surveillance of Carter Page, a United States citizen, together with the application materials and renewal application mateerials upon which those orders were issued.”)

February 6, 2018

Update: Prior Redactions to Important Senate Judiciary Committee Memo Revealed

Filed under: Probable Cause — Tags: , , — Bill @ 8:18 pm

Senate SealOn Feburary 5, 2018, our OpenCdA post entitled Senate Judiciary Committee Memo Released relating to the Christopher Steele “dossier” contained a link to the highly-redacted Committee memo concerning the “dossier” and its importance to the FBI and DoJ in security a FISA warrant to surveil a US citizen, Carter Page.

Late today, the Department of Justice (DoJ) responded positively to a request from Senators Grassley and Graham to further declassify some of the material redacted in that material.

Here is the further redacted memo released just a few hours ago.

If factually accurate, the current memo’s representations suggest it was the Democratic National Committee and the Hillary Clinton presidential campaign, not Donald J. Trump, who were conspiring with a foreign agent to violate several campaign finance laws to prevent the lawful election of Donald J. Trump.

The memo in conjunction with other evidence strongly suggests that some FBI and DoJ headquarters executives were severely and possibly criminally derelict in performing their official duties pursuant to the Foreign Intelligence Surveillance Act Court’s authorization to surveil Carter Page, a US citizen.

Please read the further redacted memo and decide for yourselves.

To date, Fox News has been the only major news medium to doggedly resist falling in line with the journalism group think/Clinton love fest so sickeningly broadcast by the formerly important news networks NBC, CBS, ABC, and CNN, and formerly reliable and diligent newspapers including but not limited to the New York Times and the Washington Post.

Whether they knew it or not, these and other news media have promoted the effort to first defeat Donald Trump’s candidacy and then, failing to engineer his election defeat,  to use whatever means necessary to prevent him from performing his official duties and then to remove him from office.

By failing to diligently pursue the facts objectively, it appears to me the national skews media have collectively participated in deception by omission.  Sadly, both the FBI and the Department of Justice have been complicit in the effort to manage the information the public receives.

It is likely that much more information will be revealed by the Congressional investigations.

December 13, 2017

Swamp Rats (Cont.)

Filed under: Probable Cause — Tags: , , — Bill @ 3:57 pm

Danger - Swamp RatIt is indisputable that there are people in the United States who are using an organized, very well-funded strategy as well as very aggressive tactics to remove President Donald J. Trump from office.

That by itself is not illegal.

Neither is it illegal for employees of the federal government, including employees of the US Department of Justice (DoJ) and employees of the Federal Bureau of Investigation (FBI) to express their personal views about the competence and qualifications of public officials.

However, a federal employee’s expression of personal views goes beyond what is permitted or prohibited by the Hatch Act when that employee uses his or her official authority or influence for the purpose of interfering with or affecting the result of an election.

Hatch Act violations are serious.  However, they are not as serious as interfering in federal criminal investigations involving the alleged violation of national security laws including:

  • 2 U.S.C. § 192 (Contempt of Congress Related to National Security)
  • 18 U.S.C. § 219 et seq. (Officers and Employees of the United States Acting as Foreign Agents)
  • 18 U.S.C. § 791 et seq. (Espionage; Unauthorized Disclosure of Classified Information)
  • 18 U.S.C. § 9S1 et seq. (Neutrality  Laws)
  • 18 U.S.C. § 1030(a)(1) (Computer  Espionage)
  • 18 U.S.C. § 1S42 et seq. (Passport Violations Related to National Security)
  • 18 U.S.C. § 1924 (Unauthorized Removal and Retention of Classified Documents or Material)
  • 18 U.S.C. § 2381et seq. (Treason, Sedition and Subversive Activities)
  • 18 U.S.C. § 1343 (Wire Fraud, including wire fraud or hacking by or on behalf of a foreign government in which 18 U.S.C. § 1831 or 18 U.S.C.§ 1030(a)(1) are not specifically included as charges)
  • 22 U.S.C. § 611 et seq. (Foreign Agents Registration)
  • 42 U.S.C. § 2274 to 2278, 2284, and other Atomic Energy Violations that Affect National Security (Atomic Energy Act)
  • 50 U.S.C. § 3121 (Intelligence Identities Protection Act)
  • 50 U.S.C. § 782 et seq. (Communication  of Classified Information by Government Officer or Employee)
  • 50 U.S.C. § 8S1et seq. (Registration of Person Who Has Knowledge Concerning Espionage Activities)
  • 50 U.S.C. § 2401et seq. (Export Administration Act)
  • 50 U.S.C. App. § 5(b) (Trading With the Enemy Act)

These laws are not supposed to be waived simply because an alleged violator is a former President, a former Secretary of State and a now-former presidential candidate,  or a high-level employee of the DoJ or FBI.

Similarly, it seems to OpenCdA writing from Upper Trashcanistan, Idaho, that for federal employees to conspire (notice we didn’t say “collude”) to interfere with or prevent the initiation of a criminal investigation into alleged violations of any of these laws might qualify as separate violations under 18 U.S.C. § 371 (Conspiracy) and 18 U.S.C. § 1510 (Obstruction of Criminal Investigations).  (more…)

November 15, 2017

Don’t Get Your Hopes Up …

Filed under: Probable Cause — Tags: , — Bill @ 11:58 am

DANGER UNREASONABLEMany people are hoping that the US Department of Justice will appoint yet another special counsel, this time to look into the various crimes allegedly committed or criminally aided and abetted by former President Bill Clinton, former President Barack Obama, former Secretary of State Hillary Clinton, unnamed co-conspirators associated with the Clinton Foundation, former FBI Directors Robert Mueller and James Comey, former Attorneys General Eric Holder and Loretta Lynch, and former Democratic National Committee Chairwarmer Debbie Schultz.

Their hopes for that special counsel are pinned on President Trump’s promise to drain the swamp which is Washington, DC.  The hopeful people are citing substantiated facts of far greater weight and veracity than the allegations Deputy Attorney General Rod Rosenstein itemized in deciding to appoint Robert Mueller as special counsel to look into the skews media-ballyhooed ‘collusion’ between the Trump campaign and Russia.

If you’re among the people anticipating a special counsel with resulting indictments and convictions of one or more Clintonistas, don’t get your hopes up.  Here’s why:

(1) The Clintons have acquired substantial dirt on some of the Fools on the Hill.  The decades-old very thin allegations of sexual misconduct against senatorial candidate Roy Moore would pale in comparison to what some Fools on the Hill have reportedly engaged in much more recently.   The Clintons and their cronies know who’s vulnerable.  See M.I.C.E.  The Clintons know where the corpses are buried, and most of The Swamp would prefer to do whatever it takes to keep them buried.

(2) In anticipation of a Hillary Clinton presidency, many Fools on the Hill and their obsequious propaganda arm, the national skews media (formerly known as the ‘free press’), hitched their teams of donkeys and elephants to the manure-bearing Clinton wagon.  This particular gaggle of Fools would rather their constituents not connect them with the Clinton wagon smell, but another special counsel would certainly make just that connection.  Keeping the odor of that connection from reaching the public nostril would fall on CNN, NBC, ABC,  CBS, and the AP.

(3) Some of the Clinton’s traitorous crimes involve compromises of national security.  Anyone who thinks Slick Willy and Slimy Hillary would hesitate to use graymail to keep their own sorry asses out of court, not to mention federal prison, needs to be drug tested.

(4)  It appears that in anticipation of a Slimy Hillary presidency, some of the mahogany row tenants at Main Justice seem to have skewed the concept of prosecutorial discretion.  Prosecutorial discretion allows cowardly prosecutors to decline to prosecute or choose to undercharge criminals for almost any reason at all as long as the reason is plausible and defensible or as long as it’s a certainty the alleged offender is going to be inaugurated as the President of the United States.  Until the holdover loyalists to the Clintons and Obama are swept out of their mahogany row offices, there is little chance of prosecutions of anyone other than the lowest of the low-hanging fruit (think:  Paul Manafort, Imran Awan, etc.).

(5)  Closely related to the Main Justice Mahogany Row slimeballs are a few FBI Mahogany Row slimeballs.  In the world of Fantasyland-on-the-Potomac politics, their job is to ensure that the results of otherwise competent, complete, and thorough investigations done by subordinate employees (e.g., brick agents) do not interfere with the political aspirations of certain elected and appointed officials.

(6)   President Trump’s nominee for Attorney General, Jefferson Beauregard Sessions III, occupied a US Senate seat for the twenty years immediately prior to his being sworn in as the 84th Attorney General of the United States on February 9, 2017.   He is a distinguished alumnus of the Fools on the Hill Club.

OpenCdA is skeptical that a special counsel will be appointed, adequately funded, and given the necessary authority to investigate the offenses allegedly committed by the people identified in our opening paragraph.

We recall very vividly the pardon President Gerald Ford granted to former President Nixon on September 8, 1974, for Nixon’s complicity in Watergate.   Ford’s reasoning for circumventing the criminal justice system was that subjecting Nixon to the criminal justice process would be too long and involved and would be too painful for the people of the country.   In effect, Ford was telling us with condescension, You can’t handle seeing the former President of the United States subjected to the same standards of criminal justice to which you would be subjected.

Ford was wrong in 1974.

Maybe if Ford had done the right thing rather than the politically expedient thing in 1974, maybe if he had allowed Richard M. Nixon to be subjected to the prescribed processes and procedures of criminal justice that supposedly guarantees equal protection under the law for all citizens, then maybe in 2017 it wouldn’t have been necessary for AG Jefferson Beauregard Sessions III to concoct some plausible justifications for not indicting and prosecuting former officials for espionage, bribery, conspiracy, and money laundering.

We won’t get our hopes up.

July 29, 2017

Debbie Does Dulles

DWSchultzOn Monday, July 24, 2017, Special Agents of the US Capitol Police (USCP) and the Federal Bureau of Investigation (FBI) arrested Capitol Hill IT contractor Imran Awan as he tried to board an airplane at Dulles International Airport and fly to his homeland of Pakistan via Qatar.   The FBI affidavit supporting his arrest alleges Awan and his wife, Hina Alvi, filed a fraudulent mortgage loan application.

Hina Alvi had already pulled their children out of school, stuffed over $12,000 in cash and some household goods in cardboard boxes, and left the United States (some might say “fled the United States”) for Pakistan.

Before July 24th, few readers could probably recall hearing anything about Imran Awan.   They might have heard something about some damaged computer equipment belonging to some members of Congress being found at a home rented by Awan and his wife.   They might have read deep into the already sketchy skews stories that one of the computers found belonged to Florida Representative Debbie Wasserman Schultz.  In fact, good ol’ Debbie threatened the USCP in public if it dared process the purloined computer for evidence.

Otherwise, because the AWAN storyline did not involve pimping unsubstantiated gossip about President Trump’s “collusion” with Russia, the national skews media weren’t especially interested.  Nothing to see here.  Move along.  Move along.

Except there was and is something to see.

It seems that Representative Schultz had arranged for Industrious Imran to be the go-to IT contractor for several Democrat members of the House of Representatives, some of them on the House Permanent Select Committee on Intelligence and the House Committee on Foreign Affairs.  In fact, Industrious Imran and his partners had each been raking in an unusually high amount of money from these contracts for several years.

OpenCdA urges our handful of readers to take the time and read the series of articles by the Daily Caller News Foundation.

There are quite a few reasonable and interesting questions likely to be asked by the USCP and the FBI to determine if the computers and the emails on them contained any personal or national security information that could be used to manipulate and control the members of Congress on behalf of any foreign intelligence service.

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