Jonathan Turley Profile picture
Sep 30, 2020 9 tweets 2 min read Read on X
James Comey seems to be offering the Senate today a series of shrugs over troubling evidence of false evidence and possible Russian disinformation in the Russian investigation. Despite his signing off on secret surveillance, Comey is dismissing questions ...
...on the basis that he never knew of any of the memos indicating that the information in the investigation was false or even Russian misinformation. He was under a duty to confirm such facts. As someone who has billed himself as a strong leader, he is now portraying himself...
...as a passive player in these decisions. However, while he would not answer questions on the new evidence of possible Russian misinformation used by the FBI, he had no problem discussing new evidence on Trump's debt that might suggest Russian control over him.
After saying that he could not comment on the new evidence on possible Russian misinformation used by the FBI, Comey just had no problem is saying that he has read material on the Flynn case and give his conclusions on their meaning.
Comey did say that, knowing what he knows today, that he would not have signed off on the Page surveillance. That makes it unanimous with Yates and Rosenstein. Nobody now supports the surveillance request but no one takes real responsibility.
Comey just said that he was wrong to previously call the abuse of the FISA process as "nonsense." He said that he should not have had confidence in the process. However, he had no problem dismissing these concerns repeatedly and publicly until confronted with the evidence.
...Comey bizarrely just said that he was not sure if it was relevant that he should have been told that the subsource used for the Steele material was a suspected Russian agent even when he was briefed on the Steele material. He just signed the application.
...Comey previously in his book on "ethical leadership" criticized Trump and said “a leader needs the truth, but an emperor does not consistently hear it from his underlings.” That apparently does not apply to being informed that secret surveillance ...
...targeting aides of the opposing presidential candidate might be Russian intelligence disinformation. Even when being briefed on the Steele information, Comey said that he was not sure that he had to be informed of that fact before signing off on the FISA application.

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More from @JonathanTurley

Apr 25
Michael Dreeben is now up for Special Counsel...
...Roberts just slammed the lower court "a former president can be prosecuted for his official acts because the fact of the prosecution means that the former president has acted in defiance of the laws."...
...He said that he is "concerned" because it sounds like "a former president can be prosecuted because he is being prosecuted."...
Read 14 tweets
Apr 25
We are off and running on the oral arguments on immunity with John Sauer, former Scalia clerk, arguing for the former president.
...Chief Justice Roberts asked the most poignant question. What if a president appointed an ambassador (a clearly official act) but does so for a bribe? Sauer offered a nuanced point that the bribe itself would not be an official act...
...Justice Sotomayor just hit Sauer and said that Trump was only acting for personal gain and not in the interests or in a function of his government. She is making the slippery slope argument that such immunity would protect the assassination of a president...
Read 11 tweets
Apr 22
Edwin Kneedler is arguing for the United States. The Biden Administration wants a remand for further findings. Kneedler is arguing that the record is insufficient for an eighth amendment claim...
...Gorsuch just told Kneedler "don't mess with my hypothetical" as he pressed the Administration's confusing position in the case. Gorsuch pushed Kneedler into extreme positions. The Gorsuch hypotheticals are famously precarious for counsel and this shows why...
...He reduced the government's position to "the alcoholic has an eight amendment right even though there is a bed available" under one of his hypotheticals.
Read 4 tweets
Apr 22
The fact that Bragg is starting with David Pecker to discuss an affair not directly involved in the alleged crimes is telling. With a dubious criminal theory, defuse facts, and delayed charges, the case will focus on a different alleged affair and hush money payment...
.....It is reminiscent of the old story about a man who comes upon another man in the dark looking for his wedding ring. Sympathetic, the man joined the stranger on his knees and looked for almost an hour until he asked if the man was sure that he dropped it here. “Oh, no,” the stranger admitted, “I lost it across the street but the light is better here.”
...Justice Kagan is hitting counsel hard on whether you can criminalize being homeless. Kagan is being very active in questioning to box the city into a corner that it is inherently arguing that it could criminalize being homeless...
Read 15 tweets
Apr 19
The District Attorney has told the court that it will not release the names of expected witnesses due to the alleged violation of the gag order by the former president. Judge Merchan did not order them to do so...
...The defense is aware of the potential witnesses but not necessarily the order. Courts allow prosecutors to hold that information to the very last minute. However, there was a troubling aspect about Bragg's position...
...Bragg is saying that he may have given the names but will not do so due to the alleged violations. The court should have been clear that any witness who may be called in the next 24 hours or so must be disclosed. That is not one of the sanctions for a violation of the order...
Read 5 tweets
Apr 16
The oral argument in Fischer v. United States has now begun. jonathanturley.org/2024/04/16/sup…
...Justice Sotomayor was quick out of the gate to pursue a tough line of questioning for the defense counsel on why the broader meaning is warranted...
...Justice Barrett continued the tough questioning by asking if the defendant can still be convicted for seeking obstructing by seeking to stop the certificates themselves. In this way, the Court could adopt a narrower meaning but still allow for possible prosecution...
Read 14 tweets

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