emptywheel (bill, please) 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

Jul 15
Also, she claims there has been little judicial scrutiny of this, ignoring the 4 precedents and Hunter Biden's similar challenge rejected by 2 Trump appointees.
Oh also: If she's right, statutes of limitation on Trump's alleged crimes go until 2027.

Hunter Biden's started expiring last year.
The hubris of someone with the confidence that these services rendered will be rewarded with a gratuity in a year's time. Image
Read 7 tweets
Jul 7
Some amusing bits about the media frenzy.

1) We've talked about little but Biden's age since January. Yet certain hacks with a gripe claim they were the only one telling that secret that led all the news.
2) CREDIBLE stories -- that is, the ones that quote people on the record and/or very specifically described people anon, rather than just inventing a conspiracy retroactively based on feels -- all describe a decline since January, and more in recent months.
3) MANY of the people posing as journalists appear not to understand there are two questions: Does he drop from the race, does he drop from the presidency.

Given that the more detailed reports are about STAMINA and speaking (not dementia), those are different things.
Read 7 tweets
Jun 25
Journalists (who should be smarter than right wing propagandists) all seem to be missing something about the MAL filing.

This blue leatherbound box is where these classified files were taken from -- the source of the famous pic released last August.

If you don't understand that, you understand almost nothing abt the filing.Image
Image
Image
How do we know the blue leatherbound box = the classified docs in the August box?

Warrant returns are your friend!!

So are item numbers, in which this box is IDed as item 2 and its contents 2A. Image
Why does it matter that that blue leatherbound box = the August picture = Item 2?

Because that's one of the central things they're fighting over, and certain right wing propagandists are lying about.

Q pertains to treatment of cover sheets.
Read 6 tweets
Jun 25
DOJ releases new pictures of Trump's stolen document boxes getting dumped.

storage.courtlistener.com/recap/gov.usco…
Image
Aileen Cannon is doing her best to prevent a trial before the election, but by all means make sure we get more pictures like this one (my annotations). This box had the most sensitive docs found.

storage.courtlistener.com/recap/gov.usco…
Image
DOJ reiterates their assertion that the cover sheets in the famous photo, AND close to 50 empty cover folders, were in the blue leatherbound box when they found it.

storage.courtlistener.com/recap/gov.usco…
Image
Read 4 tweets
Jun 24
Let's correct the false claims here.
1) Egypt National Bank convinced Beryl Howell they complied with this subpoena -- it's unclear how the Chinese records resolved.
2) Mueller didn't tank this investigation. After a long subpoena fight, he handed it over to DCUSAO.
3) That's precisely the same thing he did with Roger Stone investigation: After year-long subpoena delay, he handed over still ongoing investigation into whether Stone conspired w/RU on CFAA.
4) We know what happened to Stone investigation: Barr killed it, Trump killed it more.
5) We don't know, for sure, what happened to suspected Egyptian funding (via way of China??) investigation; it was killed in same weeks when Barr was killing most of the rest of Mueller. It's possible that refusal to subpoena Trump Org killed it.
Read 6 tweets
Jun 21
Reupping: Judge Hernán Vera denies Garrett Ziegler's MTD against Hunter Biden's lawsuit.

I'm still seeing people wildly misrepresent this lawsuit. It is not abt distributing data. It is about HACKING it.

emptywheel.net/2024/06/21/gar…
There was an iPhone--one central to the gun case against Hunter--saved ONLY in iTunes (not iCloud), and protected by a password. Ziegler admits he accessed it -- lots of journos have relied on him doing so. Q is whether doing so was accessing Hunter's data.
It'll be an interesting legal case (Ziegler is arguing that bc Hunter never owned the hard drive on which he, Ziegler, obtained the PWD-protected iPhone content, it is not Hunter's data). But it'll be still more interesting discovery.
Read 4 tweets

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