Re: the Hunter investigation specifically there are two things that happened before the election.

1) A DOJ official told Sinclair Broadcast Group that Hunter was actively under investigation (cont'd)
2.) After Tony Bobulinski went public, FBI agents interviewed him right away (rather than waiting till after the election). Naturally, news of the interview immediately went public.

Maybe a defensible call, but at least raises an eyebrow
Overall this at least complicates the "Barr successfully kept it all secret" narrative, even though neither late October story got much play in mainstream outlets

abc3340.com/news/nation-wo…
(Having said that, it's absolutely true that he could have done way *more* if he really wanted to get the Hunter news out there.)

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More from @awprokop

8 Dec
Judge Emmet Sullivan has dismissed the case against Flynn, due to his pardon
Sullivan points out Flynn's pardon is "extraordinarily broad," but says he only needs to consider the part of it that covers the charge Flynn pleaded guilty to
Sullivan wants to emphasize that the pardon does not mean Flynn has been shown to be "innocent"
Read 5 tweets
6 Dec
I'm honestly curious, given the existence of primaries and beliefs among the GOP electorate, about why Kemp, Ducey, Raffensperger, MI/PA/WI legislative leaders *haven’t* gone full MAGA and tried to overturn the results.

Respect for facts and the law? Goodness of their hearts?
What we’ve seen over the past month is that lots of Rs have been willing to *rhetorically* back Trump’s “stolen election” lies and to urge *other* Republicans to do something about it. But almost no R in a position of power to do something has actually done so.
The main exceptions here were the Wayne County canvassers who quickly caved and the one MI state board of canvassers holdout who ultimately didn't matter. But other than that, no one in a position of authority was really willing to push the limits for Trump.
Read 5 tweets
4 Dec
Harsh sentencing memo from Durham asks for prison time for former FBI lawyer Kevin Clinesmith (who pleaded guilty to altering an email).

Asserts his political or personal bias may have played a role (though admits "impossible to know with certainty")

courtlistener.com/recap/gov.usco… ImageImage
Conservatives had hoped that Clinesmith would "flip" and reveal misconduct from others. No sign he did so in this sentencing memo. Says he spoke about his other FISA applications but does not mention providing any useful information that should mitigate sentence Image
Strong case from @emptywheel that Durham's speculation that political bias might have played a role in Clinesmith's offense is inappropriate. He admits he can't prove it, just asserts it's "plausible"

emptywheel.net/2020/12/04/the…

Read 4 tweets
1 Dec
Some short last names redacted here in the court document describing a "bribery-for-pardon" scheme involving an attorney dcd.uscourts.gov/sites/dcd/file…
The bribery-for-pardon scheme appears to be about someone who's already in Bureau of Prisons custody
This part says the clemency request involved “past substantial campaign contributions” and “anticipated future substantial political contributions”
Read 4 tweets
25 Nov
Nearly two years ago I attended Michael Flynn’s first (now only) sentencing hearing.

Up to that point, he'd seemed content with his plea deal with Mueller.

But at the hearing, something changed: Judge Emmet Sullivan implied he really might sentence Flynn to some prison time.
Mueller's team had said Flynn had cooperated substantially a sentence of no incarceration would be warranted.

But Sullivan tore into Flynn, making clear that that he viewed Flynn's crime as quite serious and that avoiding incarceration was no sure thing

vox.com/2018/12/18/181…
So Flynn unexpectedly took an out.

He'd previously said he'd be happy to be sentenced, even though his cooperation in one non-Mueller case was not yet complete.

At the hearing, he changed his mind, saying he wanted to get full credit for his cooperation.
Read 8 tweets
23 Nov
Aaron van Langevelde, key GOP vote on the Michigan board of canvassers, speaks at meeting: "We have a duty to certify this election based on the returns. This is very clear. I'm not going to argue that we're not." But, wants to wait to hear public comments before making the vote
Van Langevelde is stressing that the board of canvassers has a limited role, and a legal "duty" to certify.

"We don't have the authority to conduct a trial here on whether election fraud occurred."
Van Langevelde confirms he'll vote to certify MI results.

"The law is absolutely clear. We have a clear legal duty to certify the results of the election as shown by the returns that were given to us... As John Adams once said, we are a government of laws, not men"
Read 4 tweets

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