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
4. all the time. And sometimes the good people are also members of Congress swept up by untargeted Title I orders and 702 as incidental collections or had voluntarily accessed compartmented top-secret materials that later leaked.
5. If I had to guess the corruption will nested in an otherwise lawful and appropriate use of the investigative tools that may be proven corrupt if it only targeting @TheDemocrats. I think that would establish a basis to say it was misused. But we don't know what happened.
6. We know just enough to become enraged, calling for Merrick Garland to be removed etc. I study propaganda and the Schmitd article reeked of grey propaganda. And it lit up the lefties like the brown acid at Woodstock.
7. I need to know -

- what kind of order was it?
- who was targeted? Mask by all but job title & political party.
- who signed the documents seeking orders? Mask names but give employer and job title. And if in @TheJusticeDept whether they were career or political appointees.
8. Properly masked this information can be provided immediately to address what I see as a firestorm that will harm our IC capabilities. For grownups who have been national security pros, feel free to chime in. I'll be happy to be told I'm wrong. @AWeissmann_ @FrankFigliuzzi1
9. Looking Stored Communications Act trying to figure out how they handled these provider meta-data requests. The best i can tell this could have been an op run by some rogue law enforcement officers and not be under DOJ at all but it would require a federal judge to sign off.
10. The way it is being described in this vague reporting I can only guess it was under this statute. law.cornell.edu/uscode/text/18…
It was not via a search warrant or GJ subpoena under 2703(b) but just a run of the mill SCA secrecy order that would be granted by a federal judge.
11. Biden has been in more than 90 days so somebody in his DOJ had to reauthorize the notice delay under 2705(d). John Demers is a hold-over at the National Security Division. He's going to be a focus. And he's the person who I think may be holding hiding the galaxy.
12. Like Orion the cat from Men in Black.

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More from @TimInHonolulu

11 Jun
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.
Read 4 tweets
11 Jun
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
Read 4 tweets
11 Jun
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.
Read 9 tweets
10 Jun
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.
Read 11 tweets
9 Jun
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
Read 6 tweets
9 Jun
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.
Read 8 tweets

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