Ok, I’ve had a chance to read the Sussman indictment. My view: do stupid things, win stupid prizes.
If the allegations in the indictment are true, Sussman was careless about how he described his background when reaching out to the FBI. It’s not like the FBI didn’t know
one of his clients was the Clinton Campaign. He mentioned it during the meeting, and it’s reflected in the notes of the meeting. The billing records and calls with other firm colleagues certainly indicate his work was on behalf of at least one client, if not two clients.
So why not say that? The underlying details in the indictment about the work of the Tech executive and coordination of data with the Clinton campaign does not seem to have raised any criminal liability issues. So why be misleading?
This will be interesting to see how it plays
out over the next few months. I certainly see enough to seek an indictment, but this is pretty thin in terms of getting a conviction at trial. There is a lot of conflicting recollections and hearsay.
What I found more interesting is how much “mission creep” has shown up here for
Durham’s probe, which has already gone longer than
Mueller’s probe and secured far less in terms of indictments.
This isn’t the promised action against government officials for misusing their power to investigate Trump’s campaign. It’s not even an indictment for lying to the
FBI about the underlying information.
It is a false statement charge - remember the cries of “meaningless process crimes??” - for lying about whether the information was being presented on behalf of a client.
This is what Durham has been doing? OK.
/end
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I can’t believe 8 years after Snowden, after endless public discussion and declassification of NSA documents, I have to do this, but here it goes.
Yes, if NSA wants surveillance on Tucker Carlson they have abilities to do that. They could seek a normal FISA warrant, arguing to
a FISA judge there is probable cause to believe Carlson knowingly is a foreign agent. NSA denies they targeted Carlson, and Carlson doesn’t seem to be disputing that tonight.
The modified Carlson argument is that NSA’s surveillance apparently targeted someone else, but that
the surveillance gathered up his emails and texts too, and that NSA reviewed them deliberately for political purposes and to somehow take him off the air (as it Fox would care?).
So yes, as we already knew through public laws before Snowden, and as the Snowden leaks fleshed
This entire opinion should be required reading in ethics classes for new attorneys. Rudy gets taken out behind the woodshed for his grotesquely unethical conduct. It’s a far cry from the former SDNY chief’s legal heyday, who now looks like a bumbling fraud.
For one thing, no, lawyers cannot rely upon unidentified confidential informants or unidentified attorneys as the factual sources for claims to refute the knowing element of an allegation of making false statements. That’s ridiculous.
Ah yes, finally, Rudy gets called out for trying to tell a court his client is alleging fraud in a case where, no, they were not alleging fraud. Hint: don’t play political word games with a judge. It never works out well for you.
NEWS: at 11am EST, the sentencing hearing for Brittan Atkinson, the Trumper convicted of threatening to murder my boss, @MarkSZaidEsq, during Impeachment Round One, will proceed via Zoom.
I will live tweet it. Follow along here.
@MarkSZaidEsq For those who forgot, among the myriad of death threats @MarkSZaidEsq@AndrewBakaj and I got during the impeachment saga due to Mark and Andrew's representation of the IC WBer (and my role as the media face of the team), Attkinson was the only one law enforcement apparently
deemed sufficient to warrant criminal charges. He was arrested in February 2020, and, after a delay due to COVID, later convicted.
His sentencing hearing was already delayed once. Hopefully today justice is done.
I don't have time to follow this entire confirmation hearing, and I'm sure others will do so in extensive detail, so let me just say this:
ACB is immensely qualified. You're kidding yourself if you say otherwise. I completely disagree with many of her views of the law but that's
not the issue. Her qualifications are clear.
If this were being handled at a normal point in time, her confirmation would be a sure thing. She'd likely even get some Dem defections at that point.
This is going to be a razor thin vote for the sole reason that we're less than
25 days away from the election, it's being rushed by a president and a Senate majority that's fearful they're about to lose power, and Dems are still scarred from having that same Senate majority spurn Judge Garland for eight months.
I do understand why DOJ leadership had issues with a strict CI investigation into Trump. There would be legitimate constitutional concerns about unelected bureaucrats conducting an assessment of whether an elected Article II officer is a CI risk.
That isn't meant to trivialize the seriousness of the issue: I was always worried about the CI exposure, especially because of who Trump was hiring to run things. But if there is no crime, what purpose would the CI assessment serve?
Would DOJ inform Congress? If so,
what is Congress going to do? Impeach over a CI assessment based on classified information? That would go nowhere.
Inform the public? That would really start to sound like a Deep State issue at that point, especially because it would require a lot of declassification of