1. Here is the part of the DOJ OLC memo that the DOJ filed with their motion for stay. The rest is redacted.
2.
2.
2. I think Ed O'Callaghan was in charge of the DOJ National Security Division at that time. It's a bit unclear but I think that it is so. They blew off Part II but are holding Part I that was the Russian influence piece close to the vest. @maddow@Lawrencewilmerhale.com/en/people/edwa…
3. It looks to me that the Russian piece is still in play. We know that Mueller didn't do a Counterintelligence investigation and the guy who was likely doing it signed off on the memo to Barr. DOJ has a pending nominee for Nat Sec Div but today it's still a Trump appointee,
4. John Demers still in charge. I think he and Merrick Garland have worked together in the past. I don't chase any of this stuff other than to seek to learn what happened to the Counterintelligence investigation. And they may have just bought it some more time.
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1. On the CREW case, I conclude it is likely that the hide-the-ball of Barr and the OLC was directed at concealing facts related to the counterintelligence investigation that are in the redacted pages released yesterday. It's still ongoing and they didn't exempt it correctly.
2. I base this in large part on the fact that the National Security Division Chief signed the memo. He's among a very small set of people read into the case. This Civil Division FOIA team screwed it up & now the Associate has to try to clean it up. An appeal is just the ticket.
3. In the meantime, the clock is ticking on the real game in town. The Counterintelligence investigation that just bought some more time. @maddow@Lawrence
1. I think indictments may come soon. To get TFG and his close conspirators who didn't enter the Capitol, but incited it, the best hook is conspiracy. There have been few conspiracy charges but one deserves note.
Recall TFG's call to the Proud Boys to stand back & stand by?
2. That was in late September. November 14 when it was clear he had lost and had no real hopes of reversing it he moved to MAGA incitement by driving his motorcade through their DC rally shortly followed by violence centered on the Proud Boys. msn.com/en-us/news/pol…
3. Then again, December 12, the Proud Boys staged another Million MAGA March with stabbing and one shooting. There were also reports of Proud Boys leader Enrique Tarrio in the White House while TFG stewed over a loss at SCOTUS on the Big Lie. the-sun.com/news/1959359/m…
1. I don't have the time to try to vet all the allegations in this report but am putting it out for couple of reasons. hawaiifreepress.com/Articles-Main/…
First, when Abbe Lowell pops up in a Hawaii case it gets your attention.
2. When he withdraws & soon replaced by Johnnie Cochran's firm, more attention.
Today the news is not good for Abbe who looked like he was accused by DC Chief Judge Beryl Howell of not providing a full disclosure of conflicts prior to Lum's guilty plea. What was the conflict?
3 So I went back to this case and found this color exhibit in a local article. It appears to be a USA exhibit.
1. Deal of the century: Allow senior normal solid red district @HouseGOP members in districts that are not likely to turn blue, caucus with us as independents and we agree to put our resources in other districts essentially ceding the field to them to deal with the Cucoo Caucus.
2. Allow the senior ones to share chair status with our members. Don't make them have to buy whole-hog all Dem policies especially social issues. Leave them electable. They can vote with us on bread & butter issues that are clearly @POTUS@Joebiden's focus. @SpeakerPelosi
3. They're Republicans. You make a deal deal.
Kelly's Heroes (1970) - Crapgame Wants to Make a Deal via @YouTube
1. Coincidences are the hobgoblins of a little mind. Today I spotted a DOJ Twitter post that I noticed because the entity was familiar to me. It was an indictment of Hawaii person for SBA/PPP fraud. I noticed it also because it had an error. They said it the plea was before
2. a district judge and I knew he's a magistrate judge. Then later in the day Axios reported a search warrant that was supposed to link Susan Collins to an alleged election crime. The warrant was in DC and it was about the phones that were apparently seized from the
3. the guy in Hawaii who was the subject of the DOJ Twitter post. Hobgoblins. So, I had to look at the docket. He had a white-shoe Boston firm representing him until Nov 3. Where do powerful people in Maine go for their top tier lawyers?
Now that I have figured out that the Nunes Twitter request was not a grand jury subpoena but likely a Stored Communications Act order it may help folks narrow on who did it. Need to find the rules on submitting them. It may be something a law enforcement officer could do.
Here is the DOJ manual that says a "government entity" can get a SCA warrant without notice to the customer. justice.gov/sites/default/…
government entity is defined in 18 USC 2711(4) as follows:
"the term “governmental entity” means a department or agency of the United States or any State or political subdivision thereof."