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1) The sheer number of people who unmasked, and the number of times, is stunning. Meanwhile, assume that black outs are intel people with a more "legit" call to unmask. And compare ratios. grassley.senate.gov/sites/default/…
2) Also look at timing. The McDonough (obama chief of staff) unmasking is Jan 5--same day as infamous Oval Office meeting. And Biden comes a whole week after that.
3) Also, let's note that Flynn conversation with Kislyak was last days of December 2016. Yet nearly every one of these unmasking requests came before that... The earliest (end Nov.) only about 10 days after Trump named Flynn NSA.
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Kimberley Strassel
@KimStrassel
1) Here's an interesting ruling from one (former) Judge John Gleeson, the guy who Sullivan just appointed to oppose the motion to withdraw Flynn's case. It's from United States v. HSBC Bank USA in 2013:
2)"The government has near-absolute power . . . to extinguish a case that it has brought." He then goes to quote U.S. v Pimentel: "A court is generally required to grant a prosecutor's Rule 48(a) motion unless dismissal is 'clearly contrary to manifest public interest.'"
3) Gleeson, by his own standards, should have turned down this job. Better yet, he should have advised Judge Sullivan as to how inappropriate these moves are.
Read 3 tweets
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Kimberley Strassel
@KimStrassel
1) A key question in the Flynn unmaskings is "how" they were done, and whether he was the victim of a sort of "reverse targeting." Remember, we eavesdrop on foreigners, who sometimes talk to Americans. We "mask" the U.S. names to protect U.S. privacy.
2) Intel professionals normally unmask in order to better understand an intel situation. But given huge # of Flynn unmaskings, question is whether FBI/political people were purposely combing transcripts, looking specifically for Flynn conversations, as part of investigation.
3) After all, it wouldn't be that hard to make educated guess that it was Flynn on the line on the basis of who was calling and words in the transcripts--especially during transition.
Read 6 tweets
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Kimberley Strassel
@KimStrassel
1) On the substance of the Flynn withdrawal: What separates our FBI from, say--ahem--Russian secret police is the requirement that they articulate the basis of an interview--an alleged crime. They can't just wander in an ask anybody anything.
2) FBI was hot on its Logan Act theory, but never opened an actual investigation on that basis. It instead used an open counterintelligence investigation (in which they'd found nothing on collusion) as its excuse to interview Flynn on completely unrelated points.
3) That's just not legit, and why DOJ now and correctly says that nothing Flynn said in that interview was "material" to the only open investigation--counterintelligence/collusion. DOJ is right to care about this important principle.
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