The ex-head of counterintelligence for the FBI in NY was indicted twice this week for alleged crimes both before and after leaving the Bureau. But at the center of his undoing? A spurned girlfriend who saw too much. 1/
businessinsider.com/charles-mcgoni… via @BusinessInsider It's as yet unclear how -- or if -- Charles McGonigal's services for the Albanian government and later, for Russian oligarch Oleg Deripaska, are linked. We also don't know the extent of the national security damage he wrought, if at all. 2/

One of the most troubling aspects of NYT's reporting on the Durham investigation is now close Bill Barr was to that investigation. That's *not* what the Special Counsel regulations envision. At all. 1/ In general, & within the scope of their mandate, a special counsel can "exercise all investigative and prosecutorial functions of any United States Attorney" & "determine whether & to what extent to inform or consult with the Attorney General or others within the Department." 2/

"“This stuff has my head spinning. . . . When did these guys drink the Kool-Aid, and who served it to them?” -- attorney Robert Luskin on the ethics and internal fights of John Durham's years-long road to nowhere.

nytimes.com/2023/01/26/us/… One issue flagged by @nytimes is Barr's involvement in/oversight of Durham's investigation: "Durham visited Mr. Barr in his office for at times weekly updates and consultations about his day-to-day work. They also sometimes dined and sipped Scotch together." 2/

In @JonLemire's profile of incoming WH Chief of Staff Jeff Zients, he notes Zients will "inherit a series of trials," starting with "fallout from the discovery of mishandled classified documents at Biden’s residence and former office." 1/

politi.co/3J7M987 via @politico That fallout, however, might be why Zients -- and not longtime Biden vets -- got the job. Several of them have or could have connections to that unfolding investigation. 2/

There are many ways in which the now-three classified document situations are and are not comparable. But Greg Jacob, Pence's once and current lawyer, is calling out a difference that is underreported and, if true, is also significant. 1/ Jacob's initial, 1/18/23 letter alerting the National Archives to his discovery of classified documents in Pence's home is perfectly cordial: Here's what we found, this is what we did next, and at his direction, we stand ready to cooperate fully with you. 2/

Pence is the first but likely not the last former vice president or president who will discover classified documents in his home or office in the wake of the Trump and Biden investigations. Remember: What the law cares about is willfulness & obstruction of govt. investigations.

https://twitter.com/JesseRodriguez/status/1617938725459066905

And while the existing investigations continue, I believe these two things can be true: 1) The system of distribution, collection, destruction, and/or archiving of classified documents within the Executive Office of the President warrants legislative reassessment.

There is no question that our system for handling classified documents within the White House needs to be reassessed. And yet, to see the Trump and Biden situations solely as the inevitable results of a systems failure ignores Trump’s distinct, but related crime: obstruction. 1/ My fidelity is to the rule of law, and if the facts here change, I can assure you my legal analysis will too. But based on what we’ve seen so far, the Biden administration and his personal legal team has been followed DOJ’s lead at every turn, even to his political detriment. 2/

The Justice Department responded today to the barrage of information requests it has already received from House Judiciary Chair Jim Jordan. And in the nicest way possible, the letter reminds Jordan, "Do your job." 1/

politico.com/f/?id=00000185… Almost the first thing out of DOJ's mouth is an offer to help with *potential legislation.* It's a nice way of saying yes, congressional oversight is great, but have you tried enacting laws?

This morning, Trump withdrew his Florida lawsuit against NY Attorney General Tish James, a move many saw as his Hail Mary bid to end the AG's $250 million civil lawsuit against the Trump organization and various individuals, including Trump himself. The question is why? 1/ After all, Trump insisted on Truth Social last night that his former CFO, Allen Weisselberg, who was sentenced to 5 months in Rikers for tax fraud and related crimes, is instead a "CRIME VICTIM" at the hands of New York authorities--and so is he. 2/

NEW: SCOTUS says after interviewing 97 people and "examining the Court’s computer devices, networks, printers, and available call and text logs," it can't "identify a person responsible by
a preponderance of the evidence" for leaking the Dobbs draft. A few things of interest: First, the report reflects both temporary & permanent court personnel were interviewed--and that everyone with "access to the draft opinion signed sworn affidavits affirming they did not disclose the draft opinion nor know anything about who did." 1/

And as I promised, more excerpts from Trump’s deposition in @ejeancarroll’s defamation suit were released tonight. I was off today—but am reading through the nearly fifty new pages now. 1/

https://twitter.com/washingtonpost/status/1615882252633735170

And as @washingtonpost reports tonight, the most breathtaking part is when, confronted by @kaplanrobbie with a photo of himself greeting Carroll and her then-husband, John Johnson, he identifies Carroll as wife #2 Marla Maples before his lawyer, Alina Habba, corrects him. 2/

Since news broke that classified records were found in Biden’s office, the House GOP has worked overtime to blur what look like critical distinctions between the two situations. That false equivalence conceals a less obvious hypocrisy about executive vs. congressional power. 1/ During the Trump presidency and until the GOP took back the House, Republicans believed in a muscular executive branch. They defended Trump’s frequent overreaching (and overriding Congress) as the natural consequence of the way things should be under a unitary executive. 2/

Today will mark my 75th time as a legal guest on MSNBC since I started stepping out from my newsroom cubicle in July. It’s not a journey I predicted or expected when I left BigLaw five years ago. 1/ When I left Big Law five years ago, I was tired, bitter, and most of all, angry with myself for not being able to combine parenthood and practice, especially when I knew I had some of the qualities of an outstanding lawyer. 2/

Tonight, I mentioned that @ejeancarroll’s recent defamation suit heads to trial in April. What I *didn’t* say is this: In a brief filed this week in the first case, Carroll’s legal team attached what I understand are MORE excerpts from Trump’s deposition. 1/ Those excerpts — and references to them in the brief — are under seal right now. But Trump has to tell the court why they should remain so. And given today’s earlier order unsealing the initial batch of excerpts, it’s unlikely he’ll prevail. 2/

Donald Trump still has the capacity to make me gasp with his bluster. In now-unsealed excerpts from his recent deposition in E. Jean Carroll's new defamation lawsuit, he acknowledges that he wrote the 10/12/22 post at the heart of her claims. 1/ And then when asked *why* he did it, Trump doubles down on his attack against Carroll & vows to sue her and her lawyer, @kaplanrobbie, when the current suit is over. (Note: The judge denied Trump's motion to dismiss today, moments before ordering the deposition unsealed.) 2/

Rob Hur, the new special counsel in the Biden records investigation, has a history as an old-school conservative: a SCOTUS clerkship for Rehnquist; years of working alongside Chris Wray, including during his GWB-era DOJ tenure; and as a Trump-nominated U.S. Atty. 1/ But the part of his resume I find most interesting is his stint as then-Deputy Attorney General Rod Rosenstein's principal deputy. Hur took that post in June 2017, about a month *after* Rosenstein appointed Bob Mueller as special counsel for the Russia investigation. 2/

I'll say it here & now: There is not yet an indication that the documents recovered by Biden lawyers reflect a willful retention by President Biden or anyone else. But there is a growing list of legitimate, unanswered questions... 1/

https://twitter.com/KenDilanianNBC/status/1613273879505522691

that DOJ should investigate and the WH should answer for the public. And if there is criminal activity by anyone in connection with these revelations, it should be prosecuted. 2/

A day after the Fulton County DA’s office reportedly received the special grand jury’s report, Trump’s decided the third time’s a charm. Except it’s anything but because tonight marks his third sustained attack on an ordinary American, Ruby Freeman, with extraordinary courage. 1/ I won’t repeat or reprint those statements, especially because so many of his people and law enforcement agencies already have discredited that fantasy. The Georgia Bureau of Investigation found no there there. The FBI and DOJ did too. 2/

Whatever else DOJ looks at, it can add conspiracy to commit wire fraud to its list of potential violations. 1/

cnbc.com/2023/01/09/geo… "Wealthy donors received calls and emails from a man who said he was Dan Meyer, McCarthy’s chief of staff, during the 2020 and 2022 election cycles, according to people familiar with the matter." 2/

Last week, when Trump started attacking Ruby Freeman again, I posited that it could have something to do with developments in the Fulton County DA’s investigation—and the status of the grand jury’s report. Looks like I might have been right. 1/

https://twitter.com/TamarHallerman/status/1612461816499605504

When @TamarHallerman last reported on the investigation, she explained the steps needed to wrap it up: The special grand jury would issue a report, which would then be reviewed by the judge overseeing the grand jury, and then “would be turned over to the DA’s office…” 2/

The House Rules Committee has released the current version of the rules package reflecting McCarthy's negotiations with the "never Kevins." And sure enough, it references the new subcommittee (under Judiciary) to investigate the "weaponization of the federal government." 1/ The package also reflects a handful of concurrent resolutions to which procedural objections have been waived. Among them? One condemning attacks on "prolife facilities, groups and churches." Never mind the proliferation of violence and threats against abortion providers. 2/