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I was asked this morning why none of the 14 Mueller investigations have been unsealed - or any of the other crimes by high profile folks that seem obvious ... my thoughts ... a thread...
First, I've lived through at least two seemingly coordinated seemingly false leak cycles on this topic. Last summer, there was wildly false "DOJ won't indict until Pelosi impeaches" talk. That never made any sense, but was broadly discussed in the anti-Pelosi rage of summer.
I am certain that that was false because DOJ prosecutors have duties that are not tied to impeachment; there have been impeachment articles filed since Jan 3 2017; and it was just one of many angles of attack on NP.
Pelosi, rightly, ignored all that, held fire and Trump did his wildly reckless, dangerous, stupid junk in Ukraine.
Before that there was the equally false, seemingly coordinated "Bill Barr shut down Mueller on the weekend he was confirmed." That story was EVERYWHERE - Barr is an absolutely black hat evil actor, but the "first weekend" story and the "shut down" story were false.
I was and am certain that part of the BB story was false because it would require all normal procedures at DOJ to be tossed out the window (which Barr might, but regular DOJ wouldn't do); and would have required BB to immediately violate SC Rules (Mueller confirmed he didn't)
The consistent and dangerous aspects to both those false stories were that they were used to undermine important democratic institutions (Congress and DOJ); and important lawful actors (Pelosi and Main Justice). Attack on those undermines the Rule of Law and must be stopped.
Back to question: why have the 14 Mueller cases not been unsealed? Where are the others? (I guess I should mention that Appendix D of the Mueller report specifically lists the matters that were referred out, but does not say who or what the cases are about - that's redacted).
First off: NO ONE KNOWS. Or at least no one knows that is not read in on the vast majority of what is going on. It may be that Mueller does not know now. IT MAY BE THAT BARR DOES NOT KNOW. Loretta Lynch was never read in.
So this will be my guesswork. For the purposes of this, I assume that the DOJ/FBI continue to operate in good faith. The Inspector General's report - which hoped to find bad actors - absolutely confirmed that the highest standards were met.
My hypothesis: the Counterintelligence Investigation rages on. It is being protected from political interference, prying foreign eyes, and everything else AS THE MOST IMPORTANT PRIORITY IN LAW ENFORCEMENT.
We know from the Mueller report that everything it found was being shared real time with the CI investigation.
We also have a locked tight theme in the Mueller prosecutions - NONE OF THEM REVEALED ANY SOURCES AND METHODS OF COLLECTION. All prosecutions - especially including the Stone prosecution - used conventional evidence and mostly were about provable lies.
So Manafort is in jail, but we have this lingering question his meeting with and activities with Kilimnik. But not part of his prosecution; not discussed significantly by Mueller cnn.com/2019/02/07/pol…
Roger Stone was convicted but prosecution only relied on the private Crowdstrike investigation for proof that Russia hacked the DNC. A PRIVATE report, even though it is the US Government. washingtonpost.com/local/legal-is…
The same theme holds for all the prosecutions. No top secret or counterintelligence info used. And the Counterintelligence investigation has access to all collections of the US government, not just law enforcement information.
Many of those cases included the Defendants demanding access to top secret info, the DOJ saying "we're not using it; we're not sharing it"; motions practice on above and the DOJ NEVER giving it up.
I see the same theme with the appointment of Barr. At the moment of his confirmation by the Senate, he was in charge of Mueller (not RR anymore). Mueller's response was to farm out all the investigations to other US Attorneys' and the CI investigation slithered back under a rug
Immediately after, it was announced that the FBI was briefing Congress on the CI information. nbcnews.com/politics/justi…
Nevertheless, it doesn't appear that there has been a CI briefing of the gang of eight FOR YEARS. cbsnews.com/news/schiff-th…
And Schiff, who certainly knows more than most, has not raised this issue again since June, 2019.
Bottom line: CI rages on; the protection it is getting still holds. AND WE HAVE TO VOTE IN GOOD CANDIDATES IN 2020 TO MAKE SURE IT'S WORK IS COMPLETED. #biden2020
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