🧵🧵🧵Recent release by Sen. @ChuckGrassley suggests systemic violations of Brady by FBI. Brady rule requires government to disclose exculpatory evidence in criminal case; to comply, FBI agents search Sentinel system. Brady mandate is considered a constitutional requirement. 1/
2/ But according to FBI Wash. Field Office EC sent to SC Office on 9/18/19, Sentinel system includes "invisible files" that can't just not read, but that you don't even know exist-files identified as "Prohibited Access" files, NOT to be confused w/ Restricted Access files.
3/ Here's how EC explained "Prohibited Access" files, versus Restricted Access. According to this FBI Agent, then, when you search Sentinel for various terms, if the files are coded "Prohibited Access," search will show NO responsive documents.
4/ In contrast, when things are coded "Restricted Access," a search will show hits but the FBI agent without the proper clearance/authority cannot view the document.
5/ Washington Field Office FBI agent's EC noted that May 30, 2019 (day after SC Mueller resigned), SC's office provided FBI agent Bruce Ohr's redacted FD-302s but asked for unredacted versions which were in "Prohibited Access" holdings.
6/ EC adds SC Team said most "but not all" documents "had been migrated from Prohibited status to Restricted Access status, . . ." SIGNIFICANTLY, though, "investigators would (and do) remain incapable of identifying potentially relevant serials" in "Prohibited Access" status.
7/ That paragraph CONFIRMS two different systems, with Restricted Access you can't view document but you know it exists, while Prohibited Access, you don't even know there is a document--it is invisible.
8/ This paragraph confirms the point: The Washington Field Office agent can tell there are 70 documents in the Restricted Access system that include the search term "Berkowitz," but cannot know how many more are in "Prohibited Access" because the Sentinel system will not show any "hits" if the documents are in Prohibited Access.
9/ So while everyone is focusing on Nellie Ohr, her alleged lies to Congress, and the burying of the case against her--did Post SC Mueller's office ever provide the documents--the scandal here is MUCH BIGGER!!
10/ FBI's maintenance of "Prohibited Access" files that DO NOT SHOW UP IN SEARCH REQUESTS in Sentinel means agents pulling Brady material to comply WITH THE CONSTITUTION, will not even know there are potentially exculpatory materials they should be providing.
11/ Then there's civil cases (think FBI's role in the Censorship Industrial Complex!!!), FOIA cases, and Congressional Investigations! The files are INVISIBLE and won't appear in the search.
12/ This isn't me saying that...it is an FBI agent saying that in an EC sent to the Post Special Counsel's Office AND THAT EC WAS APPROVED BY THREE SUPERVISORS!
13/ Was this why Special Counsel Smith didn't turn over material to Trump in the electors' case? Because the documents were invisible in a Sentinel search?
14/ This scandal is no longer about Trump or the corruption of the Russia-collusion hoax investigators--it calls into question the way the FBI handles documents that it is legally and sometimes constitutionally required to turn over, via FOIA, Congressional investigation, Brady,
15/ criminal and civil procedure. Questions for @FBIDirectorKash Does the FBI currently use the "prohibited access" designation to make documents invisible in Sentinel? How does FBI comply with FOIA/Brady/Civil Discovery/Congressional Investigations then?
@FBIDirectorKash 16/16 Did Durham & the IG search for "Prohibited Access" documents? Why note? Did Post Special Counsel Mueller ever provide the Washington Field office the documents related to Nellie Ohr & search Prohibited Access?
@FBIDirectorKash 17/ Here is how the DOJ's IG describes "Prohibited Access."
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THREADETTE: ⬇️is my play-by-play of 9th Cir. decision. Top-line: Loss to Trump AND horrible opinion b/c law is clear that "reasonable suspicion" depends on totality of circumstances & yet court prevents ICE from considering totality of circumstances. 1/
2/ District court had actually allowed for that by including "expected as permitted by law," which the 9th Cir. struck. 9th Cir. THEN, after saying ICE could consider other circumstances, actually altered injunction's language of "presence at a particular location"
3/ THIS is what 9th Cir. said was enjoined: that "whether that be a random location . . . or a location selected 'because past experiences have demonstrated that illegal aliens utilize or seek work at these locations, . . ." That ADDED a limitation of a circumstance ICE CAN consider in totality of the circumstances.
🚨🚨🚨BREAKING: 9th Cir. denies Trump Administration stay regarding district court's efforts to micromanage ICE "except as to a single clause" but that single clause is what allowed ICE to do it's job! Still reading so clarity to follow. 1/
2/ As I noted before one of the problems with the court's injunction is that you can't enjoin a situation where the situation depends on all of the facts and circumstances, for instance, if a voluntary encounter which needs no reasonable suspicion.
3/ On that point: That is exactly what the training is. You can see from this language the specific details needed to know whether there is or isn't reasonable suspicion.
🧵I wanted to re-read a section of Brennan's testimony to HPSCI and ended up re-reading the entire thing. There's a whole lot of lying going on!
2/ Holy crap! Brennan says there were "two" products produced--but there were three and the third one was the only one that included referenced to the Steele dossier and other fake intel!
Also, I've gotten the question of is Trump going to SCOTUS? I thought they would because d.ct.'s ruling was sooooo nutso, but the appellate court stayed the lower court's holding IJ had to give him a hearing on avoiding removal on alternative grounds. 1/
2/ IJ held removable for lying on visa application and Khalil sought a hearing on whether IJ should waive that based on loving husband/father. New Jersey judge said IJ had to give hearing on that argument. Appellate court stayed that. So he is still removable based on that.
3/ I think Trump Administration decided it wasn't worth rushing & seeking SCOTUS involvement because SCOTUS wouldn't see a "rush" risk b/c alternative basis allows it to percolate for some time. Given timing & desire to not push too much, I get it.
🔥Below is play-by-play 🧵of quick once-over of Appendix. My big picture take-away is this: The details reveal how corrupt the investigation into Trump was! They opened Crossfire Hurricane on the Presidential candidate with nothing, continued it with that nothing disproven AND 1/
2/ continued it during President's first term with more nothings and evidence that it was all fake. I care more about that fact and fact that Obama, Brennan, Clapper, Comey, Mueller, and more conspired to further hoax, along with media than that they ignored Clinton plan.
3/ This new evidence is damning of FBI's failure to investigate Lynch, Clinton, and others, and that's bad. But what's worse is what they did--target Trump to destroy his candidacy and then his presidency. It's also damning on Think Tanks & legacy media's involvement.