emptywheel (chéqueur) Profile picture
May 15, 2023 55 tweets 17 min read Read on X
My thread on the Durham Report.

Durham took well over twice as long as Mueller and found, literally, bupkis.

documentcloud.org/documents/2381… Image
I bet you $100 sight unseen that Johnny D made significant errors here, who's up for that bet? Image
Durham wildly expands the remit of this report (in part to make debunked claims about people he failed to convict). I guess it's a precedent.

It's supposed to be declinations and prosecutions. Image
Here's a list of the investigations not covered--listing the Trump CI investigation among others. Image
This is literally the only thing that Durham was supposed to report on. Image
One reason Durham doesn't put more details to the international aspect of this is bc he'd have to report on all the whiskey-drinking goose chases he and Billy went on, chasing Papadopoulos conspiracy theories. Image
The Durham (4 full years) versus Mueller (22 months) Report ImageImage
Johnny D includes this bullshit language about juries when the two cases he charges were rejected by juries. Image
Here's how Johnny D describes his scope. Note that he doesn't describe his scope at founding. I'll come back to this but this is a BIG tell..... ImageImage
Johnny D suggests there should have been MORE surveillance of Trump. Image
Johnny D suggests Pete Strzok should have done MORE surveillance in advance. Image
Not only does Johnny D misunderstand why this might be briefed to Obama, but he suggests opening an investigation into Hillary for saying mean things about Trump, with no involvement of a foreign govt. It is INSANE. Image
After trashing the DOJ IG Report, Durham claims credit for the Kevin Clinesmith prosecution.

Hilariously pathetic. Image
Here Durham EXCLUDES information about how Danchenko's handlers accounted for the fact of prior investigation into Danchenko that rebuts his little theory, which was aired at trial. Image
Durham here WILDLY overstates his certainty about sourcing and lies about what Danchenko said. If I were Danchenko, I'd sue, bc Durham is making claims that were adjudicated to be false. Image
Durham criminally investigated something that he--with zero evidence--says contributed to a public narrative of conspiring and colluding. Image
This claim is 100% false. The evidence shows that Durham DIDN'T pursue the evidence needed to prove or disprove this claim.

Stunning corruption.

I think I'll make a criminal referral for lying to DOJ. Image
Durham's like, "Sure a jury told me I was dead wrong, but I'm going to claim it anyway."

Again it's stunning that he is doing this. Totally upends due process. Image
In which Durham tries to make the worst NYT story ever into a criminal issue.

Again, this is insanity. He is criminalizing writing things you believe to be true. Image
Another false claim. Durham's just churning out 1001 crime after 1001 crime -- and probably some lawsuits for DOJ to defend. Image
Nice of Durham to prove that he knew what rule he violated with Rodney Joffe. Image
Another rule Durham violated. Image
Another rule that Durham violated. Image
Durham complains that an Ombud report doesn't consider the Carter Page app -- RATHER THAN THE ENTIRE MUELLER INVESTIGATION -- background to why the IC was ignoring RU intelligence. Image
A reminder (since Durham doesn't provide it) that DOJ IG found evidence of just one campaign was being investigated by informants handled by biased FBI Agents in 2016, and it was Clinton, not Trump. Image
John Durham is so dumb he doesn't understand what physical surveillance entails. Image
This is a misstatement of what the FBI DIrector certification is about. It conflates means available to FISA with least intrusive means, which are not always the same thing.

EG remote access to Signal is something FBI only does on FISA. Image
John Durham retaliating against a witness for testifying truthfully. Image
Another false claim from Durham. Carter Page told FBI himself that he thought there was nothing wrong with providing non-public information to people he knew to be Russian spies. Image
One reason it matters that DUrham wildly misrepresents this is bc THIS investigation would get beyond all 1A concerns about Page tied to Trump. It is dishonest, and pathetic. Image
Durham invents an inconsistency when instead he provides clarification. Pap told more about the Russian dirt the first time.

In other words, Pap boasted TWICE that Russians were going to help Trump.

But Durham says this wasn't suspect. Image
To his credit, Durham actually MENTIONS Trump's Russia are you listening comment (he tried to exclude it from his two failed trials). But he doesn't seem to think there was anything wrong with it. Image
Durham's dumb and so may not understand this, but here he's complaining that MORE spooks weren't involved. Image
In case you need evidence that Durham is dishonest, this ellipsis omits a discussion of evidence that Papadopoulos told Sam Clovis about the emails.

documentcloud.org/documents/2040… Image
This is insanely obtuse. Durham suggests that the only place to get intelligence abt Trump's ties to RU was the Steele dossier WHILE REFERENCING Oleg Deripaska, who was getting campaign strategy from Manafort. Image
Johnny D making the case that the IC should have surveilled Trump FAR MORE than they did (and also proving that his claims about being spied on were false). Image
Durham includes 2 pages showing that the spooks weren't sufficiently concerned about Trump in advance, and WILDLY misunderstands the predication of the investigation (which was not about a conspiracy between THE CAMPAIGN and Russia). Image
Durham complains that FBI did not violate limitations on overt investigative steps before the election. He's basically bitching that FBI DIDN'T violate rules designed to protect the election. Image
Durham complains that Hillary got a defensive briefing about a CI investigation at least 10 months after the investigation was opened, before the election period.

Trump got his defensive briefing less than 10 months after Crossfire Hurricane started, in Feb 2017. Image
[In other words, the evidence actually shows that Trump was BETTER treated than Hillary.]
Durham then measures the amount of time it took to get a FISA on Page from the start of Crossfire Hurricane and not the opening of the investigation into Page.

In general, Durham just ignores that preexisting investigations. Image
Then Durham compares Hillary's campaign asking a foreigner NOT to attend with Trump, who begged Russia for help publicly.

This ... doesn't really help Trump, but Durham is too stupid to understand that. Image
Durham complains that the FBI didn't investigate why Hillary's campaign accepted a donation from a US person. Image
So at least one of three investigations into the Clinton Foundation was initially predicated on Clinton Cash--which would be the equivalent of opening an investigation SOLELY on the Steele Report. Image
Durham forgets, again, that the investigation into Page was opened in April. Image
This comparison is nuts.

First, it ignores that Hillary was hacked by Russia. Second, it equates Clinton Cash with the Aussies sharing information in response to the hack-and-leak.

It's like Durham has gone insane and people just keep smiling at him as he raves on a park bench Image
Here's how Johnny D rationalizes opening up an investigation into what would be, if true, Hillary's 1A protected activity. Image
Johnny D treats this report as exclusively pertaining to Hillary.

It reported on Guccifer 2.0. Image
Here Durham simply ignores the redacted information. ImageImage
There are points of this report where it's clear Durham has ENTIRELY forgotten that Hillary was hacked by Russia in the middle of a campaign. Image
Note how in this section Durham doesn't mention that Trump ASKED RUSSIA TO HACK HIS OPPONENT?!?!?!

Durham conducted a criminal investigation into Hillary's justifiable complaint about Trump asking Russia to hack her. Image
Btw, the only mention of Guccifer 2.0, with whom Roger Stone was discussing stolen records, is in the quote about this report. Durham just pretends it didn't exist.
Here, Durham is criminally investigating Hillary because she wanted the FBI to announce publicly that Russia had hacked her, which Russia had done.

Again, no mention that TRUMP ASKED RUSSIA TO HACK HILLARY. Image
Here, Durham presents evidence that Hillary wanted to know if the FBI was investigating her hack as proof that she had a plan to say mean things about Trump.

Because wanting to know whether the FBI is investigating the crime committed against you is proof of a crime, I guess. Image
Like he states that right out here: Hillary's campain wanting to know if the crime they were victimized by is proof of something else entirely. Image

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More from @emptywheel

Jun 14
Propaganda outlet with ties to Russia complains that journalist factually reports about the laptop.

But sure--it wasn't a Russian information op at all. Image
Here are the guts of the @pbump argument that has pro-Russian propagandists in a tizzy.

1) FBI laptop ≠ Rudy laptop
2) There's a difference between authentic laptop and false claims about what's on it Image
@pbump Oops: Here's a link.

Read 5 tweets
Jun 14
It's important to note two things about the propaganda virtually all media outlets did wrt Trump's return to the scene of the crime the other day.

First, they didn't exact a cost for Republicans welcoming a criminal. That's insane, but so normalized, everyone did it.
But then outlets went one step further. They pitched this meeting as a sign of unity.

It wasn't a sign of "unity" in the terms post-convention meetings are.

It was a sign of obeisance. A public instance where everyone would happily go on camera and clap for a crook.
It wasn't a NEWS event.

It was a process of normalizing crime, one that journalists willingly made themselves part of (especially AP).

It TRAINED the press to report normalization of a criminal protection racket as normal.
Read 4 tweets
Jun 11
There's been some confused reporting on this. What the juror is describing is that the jury didn't not find his lie was material at first.

That makes sense: the gun shop sold the gun even tho form was incomplete anyway.
The juror also wisely said Naomi shouldn't have testified.

[It's not clear he understands that the defense called her.]
Interestingly, the juror doesn't seem to understand that DE held the gun for OVER 5 years.

They didn't investigate this until AFTER they indicted.
Read 4 tweets
Jun 10
Lots of commentary described that Leo Wise said they overwhelmed jury w/evidence bc they had to. He was saying something more subtle: bc Hunter hadn't stipulated to being an addict, they had to.

Still doesn't explain the need to provide mostly comms entirely unrelated to period. Image
Here's Leo Wise arguing that if someone hasn't been to rehab then they may not know they're an addict so they could argue they weren't knowingly an addict when they possessed which is fucked on a number of levels, and ALSO doesn't deal with the AA issue. Image
Wise doth protest too much, methinks.

If they don't get a guilty verdict on possession, which I think they likely will get, it will because they decided to bazooka a bunch of shit from 4 years of addiction rather than the period actually at issue. If I were a juror I'd be pissed.Image
Read 9 tweets
Jun 9
Here's an example of one of the puzzles abt the messages from the laptop. It's an August 8, 2018 SMS text saved as a message on the laptop.

The laptop did not register to Hunter Biden's iCloud account until October 21, 2018, months later.
Here's a table showing where the comms prosecutors planned, pretrial, to include on summary came from. Pink was validated by Hallie Biden. Blue is stuff Hunter tried unsuccessfully to exclude on other grounds. Image
As you can see, those two 8/8 SMS texts are entirely isolated. The only other message that predates the actual laptop is this 10/8/18 iMessage account to someone who had accounts with Hunter. The Apple email in question was used more for business. Image
Read 6 tweets
Jun 9
This, from Ankush Khardori, is one of the better reports on what led to the Hunter Biden prosecution. For example, it correctly describes that Judge Noreika killed the plea deal.

Many outlets falsely claim Hunter declined it.

But even there, there are two problems.

First, it is uncontested that Weiss' office told Hunter's lawyer in June 2023 there WAS no pending investigation against him (eg, FARA). When Leo Wise said there was, it reneged on the plea as agreed.
Also, Noreika killed two things:

1) the plea deal
2) the diversion

It's not clear what legal authority she had to kill the diversion, a contract between DOJ and Hunter. THAT's what would have immunized him from this case.
Read 10 tweets

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