1. Chris Wray on Jan 6: "This is a very ongoing investigation and there's a lot more to come." "I would expect to see more charges — some of them maybe more serious charges."
2. If there are presently dozens of people charged with violations of 18 USC 1512(c) (Obstructing Congress) that carries up to 20 years in prison, what could FBI Director Wray be thinking of when he says, "more serious charges?" What other crumbs were in his testimony?
3. The US Criminal Code Title 18 USC. Chapter 115 addresses what I refer to as disloyalty crimes, including crimes like treason, insurrection, seditious conspiracy and advocating overthrow. Thus far, I've seen no charges for any of disloyalty crimes related to Jan 6.
4. Are the Chapter 115 disloyalty crimes "more serious" than 1512(c)? Other than treason, not in terms of prison time. I don't think Chapter 115 is what Wray's talking about. Director Wray also made it clear that he would refer to the crimes as domestic terrorism.
5. But there's no crime of domestic terrorism.
In the Proud Boys' detention litigation, the Govt. disclosed that it is alleging the crimes were terrorism. But to charge it, I think there has to be an FTO involved. And I'm still watching for a Russian involvement in the attack.
6. We listed the Russian hate group RIM in April 2020. We've seen the Trump administration use agents like Rudy Giuliani to conduct a shadow foreign policy with Russian intelligence agents. Could that result in "more serious charges" than 20 years in prison?
7. Both TFG and Giuliani are blabbermouthed nitwits. One had access to all our top secrets. The other has access to the other nitwit. Our privacy constrained FBI was unable to spot all these first-time terrorists, meaning that they were not under FISA surveillance.
8. But the FSB and SVR would have no such privacy concerns and may have obtained evidence of the coming attack. We know that members of Congress get caught by FISA. Even if they had nothing to do with the attack at the inception, by Jan 6 I would expect the Russians had a plan.
9. First they would want intelligence. They could easily conduct electronic surveillance on know domestic terror groups like the Proud Boys who were publicly shown to have connections with the White House and therefore quite likely under Kremlin surveillance.
10. Wray appears intent on focusing on the terrorism angle, rather than purely domestic politics related disloyalty crimes. By focusing on terrorism, Wray accomplishes one thing that may be significant. He makes it about an attack by a foreign terrorist organization that our
11. IC is tasked to conduct active ongoing surveillance on under FISA. Did any members of the #45 White House or GQP Senate or House communicate with and or seek assistance from the Russian intelligence services? Nah. Nevermind. Who would be that big a nitwit?
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1. @maddow says: "Nothing like this has ever happened before." I'm guessing recent privacy intrusions were SCA meta data orders. IMO that's not protected under the 4th Amendment.
Here is @LindseyGrahamSC learning that his phone calls were being recorded.
2. Graham starts at 1:10.
Senator Graham Enraged at Intelligence Officers if His Conversations wer... via @YouTube
3. And to be clear, I won't be surprised to find out TFG #45 & Barr were up to no good. Surveillance and privacy rights in meta data are topics for discussion and legislation. But the fact is we spy on good people
1. I missed start of Schmidt interview on @MSNBC. Did he say where he got the story? Who was his source or even if he had one? I see @MSNBC is having him interviewed by someone alleged to be in a personal relationship with him. Not a good look if that is true. @maddow@Lawrence
2. I agree with @AWeissmann_ that the IG will be a bad way to go. If I were Garland I'd do what Reno did in the similar circumstances. Use someone close to Garland. Perhaps a former law clerk at DC circuit with a prosecution background to dig in fast and find out what happened.
3. My fear is that it may expose a real CI investigation that is being impacted and would damage National Security. Again, it appears wrong and may be actionable but it's not worth destroying a real investigation by moving without appropriate care.
For all the folks wondering how common pen registers and/or Stored Communications Act orders are, here are the ones issued in DC in the past 7 days.
95 in a week. @maddow@MaddowBlog
1. This was no run-of-the-mill leak. The day after Sally Yates told McGahn about Flynn, the White House pushed out the first Muslim ban to insure that the only person who could out Mike Flynn would have to resign. In three day she was gone and their secret was safe.
2. Then 13 days later the @washingtonpost published the story about the Flynn-Kislyak calls and in two days Flynn was gone. At the time I reported that I suspected the leak came from a certain non-FVEY intelligence service. I suspected an investigation would go nowhere.
3. The FISA leak I'm waiting to see is Giuliani's. He exposed the Cross Fire Hurrican FISA right before the election. The DOJ National Security Division career people will be able to say what happened on their watch on Flynn. Leaking a FISA can get you a long jail term.
Anyone know who Merrick Garland's chief of staff is?
2. I don't think Matt Klapper has never been a prosecutor. My guess is that this appointment came from the @WhiteHouse and not Garland's choice. I remember when Janet Reno wanted to move my brother to chief of staff after he completed the Iraq-gate investigation.
3. He and I spoke of it and the political dynamics of the job. It looked like Klapper was with the AG today. Unclear what level of involvement he will have on prosecutions. I expect that the prosecutorial decisions will be left to Lisa Monaco who coincidentally took the
1. There is an early phase in law school where if you can't disregard your personal views and analyze a fact pattern you may not make to 2L. We all want @ejeancarroll to prevail over TFG. And we don't want to be told that the law is not on her side. Let the process go forward.
2. @TheJusticeDept defends the "presidency" not the "president" along with all federal employees who may become a target for defamation litigation if the lower court decision stands. Presidents' power is vast but this law applies equally to a guard standing watch.
3. It a bright line test. The validity of the claim is not relevant. It's the status of the speaker. 2nd Circuit may affirm but the #SCOTUS will make short work of the case. That's my opinion. But that's where the issue should be addressed. In court. Not by ad homonym attacks.