For his next trick, John Durham is going to prove beyond a reasonable doubt that a guy never got an anonymous phone call from someone he believed to be a Russian-American Chamber of Commerce president.
The proffered proof is that the defendant acted like he hadn’t spoken with the claimed source in the weeks after the supposed date of the call.
It’s something, but it seems to me you could entertain a reasonable doubt as to whether these were efforts at source protection.
So as I read this, Durham has charged two purported substantive lies as five separate counts. The first alleged lie is count one, and the second alleged lie is blown out into counts two through five because Danchenko allegedly repeated it in slightly different words.
The alleged lies Danchenko told the FBI are that:
(i) he knows some Democratic politico but that guy didn’t supply info for the dossier (Durham thinks he did), and
(ii) he had the aforementioned anonymous call he thought was from the chamber President (Durham thinks he didn’t).
For the second alleged lie, Durham makes some truly fine distinctions to generate multiple counts:
Count 2 - Danchenko said he believed the caller was probably the chamber president
Count 3 - Danchenko said he was “under the impression” the caller was the chamber president
Count 4 - Danchenko said he believed he spoke to the chamber president anonymously on multiple occasions
Count 5 - Danchenko said he believed he’d spoken to the chamber president on the telephone
This is across four different interview dates, so the charges are essentially that Danchenko stuck to his story on this point, but Durham doesn’t believe it.
Even with all that repetition, it seems to me that only half of the indictment at most is devoted to those five counts. The rest of the 39 pages are surplus allegations about uncharged conduct and the atmospherics of the dossier that don’t bear on the alleged lies. For example:
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Glenn Miller, tax attorney at Katten, placed an article in Quillette last September (quillette.com/2020/09/23/ral…), donated to Bob McDonnell in 2009 and Mitt Romney in 2012, even a GOP AG in WV. He threw a few hundred bucks to BdB in 2016, but nothing on record for Hillary or Biden.
It’s always fascinating to me when one of these guys reveals the highly specific evidentiary standard they’ve quietly been using to justify the complete lack of accountability their friends are presiding over.
Let’s say they didn’t plan the violence inside the Capitol blow by blow; they just assembled and riled up a mob, put them on the march to the Hill, and when it turned into the fight their speeches called for, either took no action or restrained efforts to lift the siege. No case?
This sort of thing happened in the Russia case too. It became entirely about cloak and dagger collusion, and the allure and difficulty of proving that scenario subsumed everything else that was right in front of our eyes — like a president welcoming an attack on the United States