As with other pre-indictment stories on federal investigations, I’ll caution this news likely comes via the defense lawyers and may reflect their particular lens on the case or their desire to position it a particular way in the public sphere. nytimes.com/2021/09/15/us/…
On the other hand, the Durham investigation has been pretty peculiar so maybe it is doing something outlandish.
So with that throat clearing out of the way, the allegation as presented in the story is that a Perkins lawyer went to the FBI to present the Alfa bank research and, in some prefatory remarks recalled by the FBI GC, misrepresented on whose behalf he was doing it.
The FBI GC recalls him saying he wasn’t representing a client. The lawyer and the firm hold that he was representing the researcher. And Durham, through an analysis of billing records for other time, not the meeting in question, holds he was representing the Clinton campaign.
So the Durham investigation, in short, is reportedly getting geared up to confuse the hell out of a jury with a bank shot case based on Jim Baker’s five year old memory and the descriptions in a fancy lawyer’s five year old time entries.
Wait, no, it’s even more convoluted than that.
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Every year before the court gets back to work in October, the justices do some press and they typically say some media-bashing stuff like this—arguing that legal realism is something deceitful reporters made up and foisted on the people. washingtonpost.com/politics/court…
But it’s not true. Legal realism is predictive in ways that all the jewel box ideologies the Justices like to invent and lecture about are not. And it’s practiced discreetly by the clerks and lawyers who are closest to the court. The best documented example: Brett Kavanaugh.
Before he was on the court, Kavanaugh was one of the Republican lawyers who worked in the Bush White House picking right wing judicial nominees and kibitzing about what the courts were going to do. We have his emails. And they’re shot through with the views Thomas denounces here.
To explain, the whole basis for this indictment is that (a) DOJ hazily contends that Sussman represented the Clinton campaign and (b) Jim Baker doesn't remember him saying that he did and this other guy's hearsay notes suggest he said he wasn't there on behalf of a client...
It’s apparently so little represented anywhere on the news that I guess I should spell out my own view of the recall election.
California is an idiosyncratic state. It has a truly massive Democratic supermajority in the electorate, a rump Republican party that’s given over to extremism, and a byzantine initiative and referendum system everyone responsible despises (but can’t manage to reform).
One feature of that referendum system is that it’s ridiculously easy to trigger a recall and, crucially, gain an outside chance of electing a fringe candidate. Because if the recall question succeeds, the top vote getter on the replacement question takes over the office.
Sorry to nicki minaj’s cousin’s friend whose alibi for getting swollen nuts and having his wedding called off is about to fall apart under the intense scrutiny of the global media.
I remember in like 2004-07 there were all these random startups flying 777s in an exclusively business-class configuration—silverjet, maxjet, EOS—and throwing in loads of other fancy perks. Every single one went bankrupt and liquidated, and not because of security requirements.
Also, the piece makes a big thing out of its lead anecdote about a TWA pilot ordering off-airport pizzas for stranded passengers, and how such a thing could never ever happen after 9/11. But it has.