1. I went back to look at @maddow yesterday when she assailed the current DOJ for the manner in which the motion for stay tried to excuse the apparent lack of candor by the Barr DOJ that the judge raised in her ruling. She never mentioned the fact that the part of memo that she
2. wanted released was, in fact, released as Exhibit "A" to the motion. So the DOJ gave us what Maddow claimed was being withheld. The part they are seeking to keep sealed is the part about Mueller Report Volume I that addressed Russian influence. Not Trump crimes.
3. This is complicated stuff and the OLC would want to assert statutory protection that, if waived, will impact past, current and future FOIA's. It may not be readily apparent but in the area of National Security the Govt has secrets and they work to keep them.
4. I would love to see the part that is being withheld. But I would like to see an unredacted Mueller Report Volume I, a lot more. I am also trying to understand why nobody is up in arms to see that when that threat is a clear and present danger more than Barr or TFG.
5. And because it is a greater current national security threat, I would expect it is part of an ongoing investigation that the ham-handed Barr DOJ did not know how to exempt without violating SCI protocols on matters that may not be disclosed without de-classification.
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1. Do you think we do surveillance on members of Congress? Likely not but sometimes they do things that anyone who had half a brain would know would be intercepted. Here is @LindseyGrahamSC learning how it really works.
2. And we listed a Russian white supremacist group on April 5, 2020. So they were likely covered by a FISA Title I and 702 orders by May 2020. Think any US white supremacists had anything to do with them? Think any of them were involved in the Capitol assault?
3. The Proud Boys leaders' detention litigation referenced a terrorism crime. I don't see how that works unless there is a foreign terrorist connection, and the Russian Nazi terrorists would make the most sense to me.
1. The group of GQP Senators I'm watching are the 2016/2022 cycle members. I count five who have planned to retire from office including @SenShelby who went to the Kremlin with five others in the Trump election 2016 cycle. @SenRonJohnson is the most controversial of the five
2. My first legal assignment was given to me by my late brother John. He was one of Janet Reno's major crimes deputies and I was down in Miami painting his house on school break. Homicide detectives dumped an old file on him at home & wanted to close it. John asked me to read it.
3. If I found something he wouldn't have to spend the time. The issue was the statute of limitations. As I recall, 2nd degree murder in FL was 10 years but 1st had no limit. So if the crime was 2nd degree more than ten years old then there was no way to charge
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…