Comey and Mueller

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Garmel said:
Get this. The Washington Post and some others are pushing that Flynn was never masked in the first place. Republicans are up in arms about Flynn's 'unmasking.' He was reportedly never masked in the first place.
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Garmel said:
Once again the Washington Post is using unnamed sources.
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There were unmasking requests. I think the NSA has already detailed the number of them and by whom, with regard to Flynn
What we dont know yet is how many other similar requests were made about other Team Trump people. For example, Obama's Ambassador to the UN made hundreds of unmasking requests. Those were not all related to Flynn. And it has never been explained why a UN Ambassador was unmasking anyone at all. That is not exactly the job.
So I want to see all that and I suspect Acting DNI Grenell is working on it. I also suspect he is finding a willing cooperator in the NSA, but we will see.
Lastly, what we need to know next is who leaked this material. Each instance of that was a federal crime.
Up to 10 years for each instance
18 U.S. Code § 798 - Disclosure of classified information
 
Joe Fan said:
There were unmasking requests. I think the NSA has already detailed the number of them and by whom, with regard to Flynn
What we dont know yet is how many other similar requests were made about other Team Trump people. For example, Obama's Ambassador to the UN made hundreds of unmasking requests. Those were not all related to Flynn. And it has never been explained why a UN Ambassador was unmasking anyone at all. That is not exactly the job.
So I want to see all that and I suspect Acting DNI Grenell is working on it. I also suspect he is finding a willing cooperator in the NSA, but we will see.
Lastly, what we need to know next is who leaked this material. Each instance of that was a federal crime.
Up to 10 years for each instance
18 U.S. Code § 798 - Disclosure of classified information
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You think the Washington Post story is fake news? It sounds like it is.
 
Joe Fan said:
I admit I thought every NSA transcript obtained in this manner masked the identity of the US citizen involved in the conversation
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I did too. However, we know the Washington Post and their "unnamed officials" or "unnamed sources" usually goes.
 
Joe Fan said:
Sullivan has gone "beyond the pale." The parties can petition the DC Circuit -- ask for a writ of mandamus or perhaps a writ of prohibition

By coincidence of timing, just last week, the SCOTUS/Ginsburg overturned a 9th Cir case where the court acted "beyond the pale" -- she really let them have it in an immigration case
"[T]he appeals panel departed so drastically from the principle of party presentation as to constitute an abuse of discretion. ..... A court is not hidebound by the precise arguments of counsel, but the Ninth Circuit’s radical transformation of this case goes well beyond the pale."​
United States v. Sineneng-Smith - SCOTUSblog
You can almost feel the SCOTUS' growing impatience with the 9th Cir, which has gone completely off the rails. The SCOTUS is tired of having to reverse them all the time. Reversals are not something appellate courts enjoy doing. But the 9C keeps wasting their time by forcing them to keep doing it over and over. It has gotten so bad that even the higher court libs are getting sick of their fellow lib lower court judges.

Besides directly confronting this recent SCOTUS case, there is also a recent DC Cir case (which controls the DC Dist Ct) in direct opposition to Sullivan. In US v. Fokker Services, Judge Leon refused to accept a deferred prosecution agreement between the Obama DOJ and a Dutch aerospace services company. He thought it was too lenient. The parties took a writ of mandamus to the DC Cir. A 3-judge panel nicely smacked Judge Leon about the head. They noted his position was "contrary to the law and constitutional understanding" -- lol. United States v. Fokker Servs. B.V. | Case Brief for Law School | LexisNexis

If it happens this way, it might destroy Sullivan's career, so my sense is that he will back off.
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So Flynn's atty did file a writ of mandamus with the DC Cir and that court has told Judge Sullivan he needs to explain himself

The federal judge overseeing the tumultuous case of former national security adviser Michael Flynn has until May 31 to explain his rationale for declining to immediately dismiss the case against Flynn after the Justice Department moved to drop the matter.

A panel of judges on the U.S. Court of Appeals for the District of Columbia say district court judge Emmet Sullivan must respond within 10 days to a request by Flynn that the higher court force him to drop the case. The appeals court order is the latest twist in a remarkable series of events that have thrown the Flynn case into turmoil on the eve of his sentencing for pleading guilty to lying to the FBI.​

Appeal Court orders Flynn judge to explain himself
 
Joe Fan said:
So Flynn's atty did file a writ of mandamus with the DC Cir and that court has told Judge Sullivan he needs to explain himself
The federal judge overseeing the tumultuous case of former national security adviser Michael Flynn has until May 31 to explain his rationale for declining to immediately dismiss the case against Flynn after the Justice Department moved to drop the matter.
A panel of judges on the U.S. Court of Appeals for the District of Columbia say district court judge Emmet Sullivan must respond within 10 days to a request by Flynn that the higher court force him to drop the case. The appeals court order is the latest twist in a remarkable series of events that have thrown the Flynn case into turmoil on the eve of his sentencing for pleading guilty to lying to the FBI.​
Appeal Court orders Flynn judge to explain himself
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As I wrote above, Judge Sullivan has recent legal precedent from both the SCOTUS and the DC Cir that he must try and negotiate around. In normal circumstances, this would not be an easy motion to win. Probably a loser in most instances. But this is different, Sullivan is who got Sullivan in this legal pickle, especially on the heels of hard left Justice Ginsburg just reaming out the 9th Cir for something somewhat similar a couple weeks ago. So I dont think he can do it, but we will see.

United States v. Fokker Servs. B.V. | Case Brief for Law School | LexisNexis

United States v. Sineneng-Smith - SCOTUSblog

Comey and Mueller
 
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The DNI is supposed to be in the process of declassifying the Kislyak-Flynn transcripts and/or summaries that are under DNI jurisdiction.
 
Some of these people are still on the FBI payroll

FBI Offered To Pay Christopher Steele ‘Significantly’ For Dirt On Michael Flynn And Other Trump Associates

The FBI offered Christopher Steele – the man who wrote the salacious and debunked Steele Dossier on President Donald Trump while he was a candidate in 2016 – a significant amount of money to create another document. The new dossier would include dirt on former national security adviser Michael Flynn and other Trump associates.

The Daily Caller’s Chuck Ross reported that the offer, which was made during an FBI meeting with Steele on October 3, 2016, was mentioned in the Department of Justice’s Inspector General’s report that was released in December 2019. Ross noted that this revelation has received little to no media attention.

“But it might have new significance following the recent release of government documents that show that Steele peddled an unfounded rumor that Flynn had an extramarital affair with a Russian woman in the United Kingdom,” Ross reported. “It is not clear how and when Steele came across the rumor, or if it was the result of the FBI asking him to look into Flynn.”​
 
Joe Fan said:
So Flynn's atty did file a writ of mandamus with the DC Cir and that court has told Judge Sullivan he needs to explain himself
The federal judge overseeing the tumultuous case of former national security adviser Michael Flynn has until May 31 to explain his rationale for declining to immediately dismiss the case against Flynn after the Justice Department moved to drop the matter.
A panel of judges on the U.S. Court of Appeals for the District of Columbia say district court judge Emmet Sullivan must respond within 10 days to a request by Flynn that the higher court force him to drop the case. The appeals court order is the latest twist in a remarkable series of events that have thrown the Flynn case into turmoil on the eve of his sentencing for pleading guilty to lying to the FBI.​
Appeal Court orders Flynn judge to explain himself
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This hearing will be by a 3-judge panel -- the judges are Henderson, Wilkins, and Rao
Henderson was first nominated by Reagan, taking Ken Starr's seat. She voted against Nadler and the House Impeachment Dems in their attempt to subpoena WH Counsel Don McGhan
Wilkins was Obama appointee, Senate Rs tried a filibuster of this one but failed
Rao is Trump's replacement for Kavanaugh. She also voted against the House Dem's overreach against Trump ​

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Joe Fan said:
This hearing will be by a 3-judge panel -- the judges are Henderson, Wilkins, and Rao
Henderson was first nominated by Reagan, taking Ken Starr's seat. She voted against Nadler and the House Impeachment Dems in their attempt to subpoena WH Counsel Don McGhan
Wilkins was Obama appointee, Senate Rs tried a filibuster of this one but failed
Rao is Trump's replacement for Kavanaugh. She also voted against the House Dem's overreach against Trump ​

EYkUOjqXgAMt_-b
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One of the interesting things about this case is that the Court here has not directly responded to Powell’s motion. Instead, they asked for Sullivan’s perspective.

They are basically making Sullivan defend himself. He has never actually ruled on DOJ's motion to dismiss the case against Flynn. He just left it sitting there, and instead solicited the opinion of non-parties. He basically asked them to argue against granting the motion which is an indication he does not agree with the Govt, but he never made a ruling on it. Now will have to take a firm position.

Aslo, the appellate court specially asked DOJ to file as well. The United States AG joining Powell’s side arguing for dismissal will make the motion for writ more powerful

Powell had also asked the DC Cir to vacate Sullivan's order soliciting friend of the court briefs and she also asked that Sullivan be removed. But the appellate court ignored that to focus instead on just this one part -- granting or not granting the DOJ’s motion to dismiss the case

And you might note that the Cir Court told Sullivan he had to deal with US v Fokker which I gave you above, well before this order was issued. Read about it on Hornfans first, see it in the news later.

None of this necessarily means Powell wins the motion, but she and Flynn at least have a solid footing.
 
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Joe diGenova says Obama was 'afraid' Flynn would find improper access to NSA data by his team

[Gregg Jarrett] asked ... if the previous administration sought to "sabotage" the Trump presidency by "going after" Flynn, who was under investigation in the FBI's Russia inquiry.

"I don't think there is any doubt that was part of it. They needed to get Gen. Flynn removed because once he's installed as the national security adviser, within a short period of time, he would know everything that had gone on in Crossfire Hurricane, and he would know about the illegal basis for everything that had transpired before it."

“We know now, by the way, that President Obama is the only president to have multiple opinions by the FISA court, chief judges, accusing him and his FBI and DOJ of illegally accessing NSA databases, and that is one of the things they were really afraid of Flynn finding out about..."​

Obama team was 'afraid' Flynn would find improper access to NSA data, Joe diGenova says
 
LongestHorn said:

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Forced to chose, Coulter remains loyal to Sessions who is in an interesting Senate primary with Tommy Tuberville. Sessions screwed up as AG, of this there is zero doubt and it cost the country a lot of wasted time and money. He should have just admitted it, apologized and moved on. But he didnt. The RNC wants Trump to support Tubs and so far he is. But Tubs is a modern carpetbagger, leans globalist, is for open borders, loves China and even has Soros people in his campaign. It puts Bama voters in a bit of a quandry.

But I agree with Coulter on Sessions. Despite his mistakes as AG, we are still better off with him in the Senate over Tuberville. As to her anger with Trump, she wants him to follow through with his campaign promises. She sees the country going to hell if he doesnt. She cares. She loves her country. People fault her for this. I dont. Where I differ from her (and the Never-Trump traitors too for that matter) is in the recognition that, no matter what Trump does or doesnt do, we are still much better off than if Hillary had won. So while I agree with some of her anti-Trump points, I think she forgets that 2016 was a binary choice and thankfully the country made took the red pill. It could have been much worse. In the meantime, Trump is covering the federal courts with judges who love the US Constitution which, to me, was always the single most important issue of the 2016 election.
 
Joe Fan said:
AG Barr appointed US Attorney John Bashfor (WD TX) to assist the Durham investigation and specifically the unmaskings. His focus is supposed to be time period just before and after the 2016 election.
Barr appoints US attorney to investigate 'unmasking' requests by Obama officials
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The appointment of Bash shows how these investigations are so large, one team alone cannot handle it all.

We now know from public reports there are at least three teams looking at the 2016 election. There is Durham. There is Bash. And there is a third DOJ person reviewing the FISAs (who may be finished by now).
 
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