Kingmaker - Big IF! (True) Profile picture
Sep 18, 2021 8 tweets 2 min read Read on X
That the Sussmann indictment is an undisguised signal that conspiracy charges are soon to follow is transparent in the first few paragraphs of the indictment. One need not read past page one to understand where Durham is heading. All unlawful conspiracies have an object or
purpose. For example, a group of criminals might meet one night to plan to rob a bank the next day. When the robbers get caught and charged with conspiracy, the charging papers will describe the object of the conspiracy to be the robbery of the bank. In the Clinton Campaign
conspiracy, the object or purpose was successfully obtained beyond the wildest dreams of any of the conspirators. Durham begins the Sussmann indictment with a description of the success achieved by the conspiracy: Paragraph 1 describes and quotes from a NY Times article in
October 2016, which asserts that agencies of the federal government have received and are investigating evidence that the Trump organization has been making secret back channel communications to a Russian bank. Durham describes not only the object of the conspiracy, but its
it’s successful achievement of the conspiracy’s primary purpose. The object never was that Trump would ultimately be prosecuted for crimes he was framed for. Rather, this was always about the narrative and the press- something that the indictment stresses again and again.
The Clinton Campaign wanted a friendly press not only to publish the fake narrative, but they needed the reporting to allude to the criminal or national security investigation by the FBI and other agencies. The fact of such an investigation served two ends: The narrative would
have more gravitas, thereby casting Trump in a hugely suspicious light, and the fact of an investigation gave the press they may have needed to publish the uncorroborated reports. Durham’s indictment skillfully lays out this plan, and it places Sussmann at the center of inducing
The FBI to launch an investigation, and then to immediately carry the fact of the investigation to a compliant press. This was not a one-man show, which is why there are many in Washington who are not sleeping very well right now.

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More from @KingMakerFT

May 20
Judge Merchan is severely limiting the defense expert’s discussion of how the FEC works, including definitions of terms like “campaign contributions,” and such concepts as dual use expenses exempted from the law. Right now the jury has heard enough to assume the worst for Trump:
The judge refuses to say how he will instruct the jury on the FEC. As it stands now the jury probably assumes the FEC was violated and that Trump has no defense, because it’s obvious sex with a porn star might affect the number of Trump’s votes. But that’s not the law.
And this issue of whether the FEC was violated is beyond the court’s jurisdiction altogether. The FEC supersedes and preempts all state laws. So a NY state court jury cannot decide whether there has been a criminal violation of the FEC.
Read 4 tweets
May 13
@shipwreckedcrew has the basic outline of what a good cross examination of Cohen will likely look like. I would add that an effective cross can be used to tell your side of the story, if you’ve got the right witness to do it with. Cohen might be that witness.
Elements of Trump’s story here could be that campaign donations and expenses is a complex area of federal law that require a lawyer to fully understand. Cohen, the lawyer, took charge of deciding how to structure transactions. Cohen and Weisslberg talked about that.
Read 7 tweets
Apr 27
Yesterday I posted a long thread on the sleight of hand pulled by D.A. Bragg in NY to conceal the fact that his theory of the case against Trump is, in effect, a prosecution of federal crimes that by law preempt and supersede the state laws Bragg says he is using.
This fact becomes more and more obvious as the trial progresses, beginning with the opening statement to the jury. The prosecution told the jury that this case involved a conspiracy and a coverup. What crimes were the object of the conspiracy? Federal election finance crimes.
Specifically Bragg has produced evidence tending to show that David Pecker and Michael Cohen conspired with Trump and others to make disguised campaign contributions to Trump in 2016 by making payments to Karen MacDougal and Stormy Daniels to buy their silence about affairs.
Read 11 tweets
Apr 26
This is a THREAD on the sleight of hand, shell and pea game AG Bragg is playing in his case against Trump in NY. The object of this confidence game is to hide that Bragg is prosecuting a crime he has no authority over and that the court has no jurisdiction to hear.
To understand what’s going on, let’s start with the indictment. Trump is charged with violating NY Penal Law 175.10, providing, “A person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, ..
… and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.”
Read 21 tweets
Apr 6
Excellent analysis of the implications of the DC Bar’s attempt to disbar former DOJ official, Jeff Clark. I’d like to weigh in on the concepts of fraud vs irregularities in the election, a subject addressed at length during the hearing.
The DOJ took the position in 2020 that they only would investigate criminal fraud and civil rights violations in connection with the election. So when Clark drafted a letter from the Department to Ga legislators, Clark went beyond the DOJ’s role by including irregularities.
Stop for a minute and consider what that means. Fraud operates in the shadows. Concealment is the name of the game for every fraudster from time immemorial. So when a law enforcement official claims, “We only investigate fraud, not irregularities,” in effect abdicating his duty.
Read 13 tweets
Feb 25
Regardless of how one views Smirnov’s credibility ( he made it all up in 2020 or, as @walkafyre notes, he has a bad memory), it’s undeniable the FBI does not look good here. The first 1023 was in 2017, in the financial crimes investigation of Zlochevsky that was opened Jan 2016.
The official FBI version b/f the indictment was nobody thought to ask for three years about Smirnov’s throw away line about Hunter being on the Burisma board. What? How can that be irrelevant to an investigation of Burisma’s owner committing theft and money laundering? Nobody ask
Then when they finally do go ask, they get a wild tale of bribery of a sitting US VP and his son, the board member. A tale that if true, the CHS had concealed from his handler for at least four years. But nobody drilled down into that. Again, the working policy was “Don’t ask.”
Read 5 tweets

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