Benjamin Weingarten Profile picture
May 15, 2023 • 85 tweets • 30 min read • Read on X
🧵Thread: Notes & nuggets from a first read of the Durham Report
First - Worth noting at end of beginning that Durham praises Garland for letting inquiry "proceed independently and without interference" -- which AG will likely play up -- protecting the institution. Q: How many folks involved in Russiagate currently work in Durham DOJ/Wray FBI?
Ask yourself if this is the standard applied to those the regime has targeted Image
"[N]either U.S. law enforcement nor the Intelligence Community appears to have possessed any actual evidence of collusion in their holdings at the commencement of the Crossfire Hurricane investigation." No one has paid for targeting Trump as a traitor. It guarantees worse to come
"The speed and manner in which the FBI opened and investigated Crossfire Hurricane during the presidential election season based on raw, unanalyzed, and uncorroborated intelligence also reflected a noticeable departure from how it approached prior matters involving...Clinton… twitter.com/i/web/status/1… Image
"FBI elected to end an investigation after one of its longtime and valuable CHSs went beyond what was authorized and made an improper and possibly illegal financial contribution to the Clinton campaign on behalf of a foreign entity." Anyone pay for this?
Once again the only justice Hillary Clinton has ever faced is losing to Donald Trump. The cost was a Russiagate that destabilized much of his presidency ImageImage
"the Steele Reports were first provided to the FBI in early July 2016 but, for unexplained reasons, only made their way to the Crossfire Hurricane investigators in mid-September." Why? Why don't we know this? Did Durham probe it?
"Our investigation determined that the Crossfire Hurricane investigators did not and could not corroborate any of the substantive allegations contained in the Steele reporting." This corroborates @paulsperry_ reporting @RCInvestigates. Note that Rep. Adam Schiff, a key Russian… twitter.com/i/web/status/1…
So where do @carterwpage and @GeorgePapa19 go to get their time, money, reputations back? Image
FBI eviscerated @carterwpage's rights based on a game of telephone Image
...At the same time it targeted Carter Page as some kind of Russian traitor, when he had worked with the CIA as an asset previously, FBI relied on a man who had been subject to a cointel investigation based on his ties to Russian nationals in Danchenko. It paid him as a source! Image
Your tax dollars at work: "The FBI interviewed hundreds of individuals through the course of the Crossfire Hurricane and later investigations, and yet it did not interview Dolan as a possible source of information about Trump." ImageImage
"The evidence uncovered by the Office showed that Danchenko never spoke with @SergeiMillian and simply fabricated the allegations that he attributed to Millian." This is the source of the "Trump is a traitor let's sic the entire NatSec apparatus on him" play Image
"Based on the review of Crossfire Hurricane and related intelligence activities, we conclude that the Department and the FBI failed to uphold their important mission of strict fidelity to the law in connection with certain events and activities described in this report." Among… twitter.com/i/web/status/1…
Durham says FBI:
-Failed to uphold "mission of strict fidelity" to law
-Was "cavalier" in Page FISA fraud
-"Disregarded important requirements" in FISA renewals
-Senior officials "displayed a serious lack of analytical rigor" in ignoring anti-Trump sources of info
But maybe the most important and telling takeaway from Durham is that in spite of the obvious hyper-politicization, weaponization, and corruption his report identifies, he and his team -- products of these institutions -- don't call for heads to roll, radical change. If you were… twitter.com/i/web/status/1… Image
Read the "Applicable Laws and Department and FBI Policies" from the Durham Report, and ask yourself if that's how they've been applied against perceived political opponents of the political establishment justice.gov/storage/durham…
Imagine if the victims of Russiagate were treated with the same deference as Durham special counsel did their victimizers
Russiagate is one of the greatest scandals in U.S. history, and here's the justice Americans get: Three false statements cases and a handful of referrals ImageImage
Imagine investigating the investigators behind a conspiracy, effectively, to bring down a presidency, and you don't interview the head of the chief investigative agency behind the whole operation Image
Did the FBI similarly scrutinize anyone/everyone in the Clinton campaign's orbit with ties to foreign adversaries? Image
Neither Jim Comey nor Peter Strzok compelled to sit for interview with John Durham special counsel Image
Behold America: These are your betters ImageImageImage
Add Bill Priestap to the list, along with Jim Comey and Peter Strzok, of critical officials Durham Special Counsel did not compel to interview Image
What Australian diplomats said George Papadopoulos said "was the sole basis cited by the FBI for opening a full investigation into individuals associated with the ongoing Trump campaign." Let that sink in ImageImageImage
FBI employees are "explicitly caution[ed]...to avoid reputational risk to those being investigated by, among other things, specifying different standards for opening an assessment, a preliminary investigation, and a full investigation, with a corresponding continuum of… twitter.com/i/web/status/1… ImageImageImage
Durham Special Counsel "found no indications from witness testimony, electronic communications, emails, calendar entries, or other documentation that, at the time, the FBI gave any consideration to the actual trustworthiness of the information the [Australian] diplomats" provided… twitter.com/i/web/status/1…
The FBI has never been held accountable for this: "The information from Papadopoulos was clearly raw and unevaluated. It was not the product of normal IC collection and analysis, and it lacked the standard caveats accompanying uncorroborated information from an individual whose… twitter.com/i/web/status/1…
Read the Durham Report and you might find yourself asking questions like: Why does the FBI deserve billions of dollars for a new headquarters?
Here's the entire basis of Russiagate. They destabilized a presidency and a country on "show me the man and I'll show you the crime" "justice" Image
"at the time of the opening of Crossfire Hurricane, the FBI did not possess any intelligence showing that anyone associated with the Trump campaign was in contact with Russian intelligence officers at any point during the campaign." This is by the book, right?
"'the British could not believe the Papadopoulos bar conversation was all there was' and they were convinced the FBI must have had more information that it was holding back"
Russiagate was, and is, an international disgrace ImageImage
What a joke Image
"The use of defensive briefings in 2015 [for Hillary Clinton] contrasts with the FBI's failure to provide a defensive briefing to the Trump campaign approximately one year later when Australia shared the information from Papadopoulos...Deputy Director McCabe informed the OIG that… twitter.com/i/web/status/1… Image
"The speed with which surveillance of a U.S. person associated with Trump's campaign was authorized - in the face of the unverified Steele Reports and in the absence of a defensive briefing being provided to then-candidate Trump - are difficult to explain compared to the FBI's… twitter.com/i/web/status/1…
Imagine how a hypothetical Trump Foundation would've been treated versus the Clinton Foundation ImageImage
Color me shocked: "When interviewed, Brennan generally recalled reviewing the materials [about how Clinton was planning to tie Trump to Russia as a dirty trick] but stated he did not recall focusing specifically on its assertions regarding the Clinton campaign's purported plan.… twitter.com/i/web/status/1…
Durham Special Counsel "located no evidence that in conducting the Crossfire Hurricane investigation the FBI considered whether and how the Clinton Plan intelligence [that she planned to tie Trump to Russia to distract from her malfeasance] might impact the investigation."

"The… twitter.com/i/web/status/1… ImageImage
So are we going to see the full transcript of the May 2022 interview between Durham Special Counsel and Hillary Clinton? Image
So Clinton's team had no plan to tie Trump to Russia to distract from her own malfeasance, they just parroted the work of a DNC-funded firm tying Trump to Russia Image
Some stuff occurring around the time Clinton campaign allegedly planned to tie Trump to Russia to distract from her illegal but unprosecuted use of an email server--which Team Clinton denies ImageImageImageImage
"The fact that the Clinton campaign immediately issued a tweet concerning the articles - after funding the Alfa Bank allegations and receiving foreknowledge ofthe articles from Sussmann and Elias - tends to support the notion that the Alfa Bank allegations were part of a Clinton… twitter.com/i/web/status/1…
Let it be written on America's tombstone: "the government's handling of the Clinton Plan intelligence may have amounted to a significant intelligence failure and a troubling instance in which confirmation bias and a tunnel-vision pursuit of investigative ends may have caused… twitter.com/i/web/status/1…
Comey and McCabe threw all caution to the wind and ran roughshod over the rights of @carterwpage ImageImage
No big deal here, just totally lawless spying on Americans Image
"FISA surveillance must be used for the purposes and in the ways specified in the statute rather than to prove that someone is not an agent of a foreign power." Durham details how the FISA power was abused. The only person who paid with barely a slap on the wrist was Clinesmith
Whatever you do, don't document anything about Steele's sub-sources ImageImage
Steele "reports were not disseminated in a manner that would have allowed experienced FBI counterintelligence experts an early opportunity to examine the reports and subject them to appropriate analysis and scrutiny...Despite the lack of any corroboration of the Reports'… twitter.com/i/web/status/1…
75 day delay in disseminating Steele Reports, and lack of recollection of agents about matter suggests "FBI [may have] had misgivings from the start about the[ir] provenance and reliability...Nevertheless, within two days of their eventual receipt by the Crossfire Hurricane team,… twitter.com/i/web/status/1…
"not a single substantive allegation pulled from the Steele Reports and used in the initial Page FISA application had been corroborated at the time of the FISA submission - or indeed, to our knowledge, has ever been corroborated by the FBI."
Show me the man and I'll try to justify spying on him on the back end: "Shockingly, Case Agent-I told the Office that the initial FISA application targeting Page was being done in the hope that the returns would 'self-corroborate.'"
Should Igor Danchenko have even been in the U.S.? Was this arrangement kosher, or is this something close to immigration fraud? ImageImage
This is the man who the FBI made a paid informant Image
Was Igor Danchenko paid hundreds of thousands of dollars in de facto hush money by the FBI, under guise of being a paid informant?

Check this line out: "Interviews conducted by the Office revealed...that the Assistant Directors for Counterintelligence in WFO and FBI… twitter.com/i/web/status/1… ImageImage
Clinton-tied Charles Dolan was a key Danchenko source, so naturally "a case was never opened on Dolan and Dolan was never interviewed by the FBI"
*apparent key source I should say
"The FBI interviewed hundreds of individuals through the course of the Crossfire Hurricane and Mueller Special Counsel investigations, and yet, they did not interview Dolan or the other two U.S. persons identified by Steele as early as October 2016."
"the spectacular [Steele dossier] claim...of a 'well-developed conspiracy of co-operation' between the Trump campaign and Russian leadership is based entirely on a purported anonymous telephone call Danchenko said he received from someone he had never spoken to before" Image
If you’re subject to a counterespionage investigation and repeatedly lie, deceive, and dissemble, you too can make hundreds of thousands of dollars as an FBI informant. We paid for Danchenko ImageImage
Danchenko lied about scandalous Ritz Carlton pee story; also lied about the source of it Image
Fusion GPS and the Clinton Campaign/DNC were as forthcoming as you'd expect in connection with Durham Special Counsel investigation Image
Obama FBI didn't care about illegal leaks to reporters about investigation into opposing party presidential campaign Image
"Nevertheless, they persisted" -- in railroading Carter Page for a political purpose without ever allowing him to tell his side of the story ImageImage
Look at the utter contempt for Americans' rights reflected in foisting this fraud on the FISA court Image
"In a number of instances, the Page FISA applications relied on 'assessments' to address what otherwise appeared to be plainly exculpatory statements by Page." In other words, when the truth doesn't fit print the lie
"In his conversation with CHS-I, Papadopoulos clearly said that such assistance from the Russians would be illegal. This was arguably the most significant information the FBI had gathered after approximately six weeks of investigative effort to evaluate the information it had… twitter.com/i/web/status/1…
"with respect to Papadopoulos's denial of any knowledge of a relationship between the Russians and the Trump campaign, it does not appear that the FBI gave any serious thought to simply interviewing him to resolve the discrepancy between his unambiguous statements to CHS-1 and… twitter.com/i/web/status/1…
Utterly shameful, and shameless: "CHS-2 challenged Papadopoulos with approximately 200 prompts or baited statements which elicited approximately 174 clearly exculpatory statements from Papadopoulos...over the course of their recorded meetings, Papadopoulos repeatedly denied that… twitter.com/i/web/status/1…
Durham Special Counsel never interviewed Steele or Danchenko. Just classic. Image
Pathetic: "Despite repeated interviews and good faith attempts to refresh recollections, the path of the Steele Reports is littered with failed memories and inconsistent versions of events. The evidence gathered was not sufficient to prove at trial that any FBI personnel… twitter.com/i/web/status/1…
Just take Christopher Steele's word for it: "While undoubtedly the past performance of a source is an important factor in determining the reliability of information, surely establishing probable cause to accuse a U.S. person, to say nothing of a U.S. presidential campaign… twitter.com/i/web/status/1…
Long-time cointel expert at agency other than FBI quoted here: "Indeed, after the Steele Dossier was leaked and became public, that expert's reaction was to ask the FBI, 'You didn't use that, right?'" Image
Is this satisfactory to Americans? "Given the claimed inability of the principal actors to recall the details of critical conversations, and the lack of evidence as to who was responsible for information that was included or withheld in the FfSA applications, the standard of… twitter.com/i/web/status/1…
Looks like Congress has some more work to do on immigration Image
The FBI basically corroborated nothing wrt core aspects of the information operation dba "Trump-Russia collusion" Image
Democracy dies in bureaucratese: "the FBI's handling of important aspects of the Crossfire Hurricane matter were seriously deficient"
Complete and total failure: "One of the chief errors from the start of Crossfire Hurricane was the poor analysis the FBI brought to bear on the critical pieces of information that it had gathered, as well as an over-reliance on flawed or incomplete human intelligence that only… twitter.com/i/web/status/1…
A total novice put in charge of investigating virtually any crime -- let alone an alleged treasonous conspiracy between a leading presidential candidate and a foreign adversary -- would never proceed this way or have thought this all was above board Image
The Attorney General must sign off now on investigating political foes -- that'll surely be a check on weaponization of the national security apparatus (sarc) Image
"Throughout the duration of Crossfire Hurricane, facts and circumstances that were inconsistent with the premise that Trump and/or persons associated with the Trump campaign were involved in a collusive or conspiratorial relationship with the Russian government were ignored or… twitter.com/i/web/status/1…
List of the myriad pieces of evidence the FBI "discounted or willfully ignored material information that did not support the narrative of a collusive relationship between Trump and Russia" in its zeal to get Trump ImageImage
Who exactly within the national security apparatus would have adequately "redteamed" for Trump in connection with Crossfire Hurricane? Image
Did Durham Special Counsel interview Susan Rice? Did the office even attempt to do so?

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More from @bhweingarten

Jan 13
The Special Counsel that wasn't supposed to need special counsel authority, David Weiss, calls Joe Biden's comments attacking the prosecution of Hunter Biden "gratuitous and wrong."

Weiss adds that while "[o]ther presidents have pardoned family members...none have taken the occasion as an opportunity to malign the public servants at the Department of Justice based solely on false accusations."

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Weiss says that Hunter Biden’s money came from “using his last name and connections to secure lucrative business opportunities” from Ukraine, China, etc. for “limited work.”

He says nothing about FARA issues though, nor the nexus to his father, who was managing the China and Ukraine portfoliosImage
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Something to remember in reading DOJ IG report clearing feds of involvement with J6 directly/via sources. Beyond fact IGs often appear to be captured by their agencies, consider that one FBI whistleblower's disclosure informants were at Capitol led to massive retaliation. Why? Image
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Decorated Marine Corps veteran and award-winning FBI Staff Operations Specialist Marcus Allen reported up the chain in Sept. 2021 that confidential FBI informants may have been at Capitol on J6 -- calling into question veracity of FBI Director Wray's testimony Image
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Kim Cheatle @GOPoversight Hearing

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"There was a plan in place to provide overwatch."

Says Secret Service prefers "sterile rooftops"
@RepJamesComer Director Cheatle: "There was a sufficient number of agents assigned"
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Jul 15, 2024
Judge Cannon just absolutely eviscerated Joe Biden's Justice Department:

"Both the Appointments and Appropriations challenges as framed in the Motion raise the following threshold question: is there a statute in the United States Code that authorizes the appointment of Special Counsel Smith to conduct this prosecution? After careful study of this seminal issue, the answer is no. None of the statutes cited as legal authority for the appointment— 28 U.S.C. §§ 509, 510, 515, 533—gives the Attorney General broad inferior-officer appointing power or bestows upon him the right to appoint a federal officer with the kind of prosecutorial power wielded by Special Counsel Smith. Nor do the Special Counsel’s strained statutory arguments, appeals to inconsistent history, or reliance on out-of-circuit authority persuade otherwise." storage.courtlistener.com/recap/gov.usco…
AG Garland could've been a Supreme Court Justice.

"The bottom line is this: The Appointments Clause is a critical constitutional restriction stemming from the separation of powers, and it gives to Congress a considered role in determining the propriety of vesting appointment power for inferior officers. The Special Counsel’s position effectively usurps that important legislative authority, transferring it to a Head of Department, and in the process threatening the structural liberty inherent in the separation of powers."
Judge Cannon: "If the political branches wish to grant the Attorney General power to appoint Special Counsel Smith to investigate and prosecute this action with the full powers of a United States Attorney, there is a valid means by which to do so. He can be appointed and confirmed through the default method prescribed in the Appointments Clause, as Congress has directed for United States Attorneys throughout American history, see 28 U.S.C. § 541, or Congress can authorize his appointment through enactment of positive statutory law consistent with the Appointments Clause"
Read 11 tweets
Jul 1, 2024
Justice Thomas' concurrence in Trump v. U.S. is hugely significant. He questions whether Special Counsel Jack Smith's office is constitutional.

"If there is no law establishing the office that the Special Counsel occupies, then he cannot proceed with this prosecution. A private citizen cannot criminally prosecute anyone, let alone a former President." supremecourt.gov/opinions/23pdf…
Justice Thomas:

"We cannot ignore the importance that the Constitution places on who creates a federal office. To guard against tyranny, the Founders required that a federal office be 'established by Law.' As James Madison cautioned, '[i]f there is any point in which the separation of the Legislative and Executive powers ought to be maintained with greater caution, it is that which relates to officers and offices.' 1 Annals of Cong. 581. If Congress has not reached a consensus that a particular office should exist, the Executive lacks the power to create and fill an office of his own accord."
Justice Thomas launches a legal missile at AG Merrick Garland:

"It is difficult to see how the Special Counsel has an office 'established by Law,' as required by the Constitution"

"...None of the statutes cited by the Attorney General appears to create an office for the Special Counsel, and especially not with the clarity typical of past statutes used for that purpose"

"...Even if the Special Counsel has a valid office, questions remain as to whether the Attorney General filled that office in compliance with the Appointments Clause"Image
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Jun 27, 2024
In SEC v. Jarkesy it appears SCOTUS struck a blow against the administrative state.

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What Justice Gorsuch describes in his concurrence reflects the inherently tyrannical nature of the administrative state supremecourt.gov/opinions/23pdf…
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Justice Gorsuch -- with whom Justice Thomas concurred -- details more administrative state tyranny. We've been de-sensitized to an unelected, unaccountable, awesomely powerful branch of government that's, shall we say, hard to square this with the Constitution supremecourt.gov/opinions/23pdf…Image
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