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At ""; 22 years as federal prosecutor; Defense attorney now for J6 Defs -- @Jan6Defensefund and
Deplorable Skymom Profile picture kcrouch Profile picture Ultra Dark Maga Tex Profile picture AuditMore-Liberty Profile picture lstb533 Profile picture 96 added to My Authors
Jun 23 4 tweets 1 min read
This wishcasting on the left to make the 2nd Amendment case only a 4 Judge decision with Kavanaugh's concurrence as a "limitation" on lower courts is the game the left wing legal-doodles want to play.
Here is how this works: The vote to decide the case was 6-3.
The Opinion of the Court drafted by Justice Thomas was joined in full by all six in the majority. They all agreed with every word.
The fact that Kavanaugh wrote a concurrence does not alter the majority opinion.
Jun 21 7 tweets 2 min read
I oftentimes disagree with Allapundit's political takes over on HotAir but rarely take to Twitter to do so publicly. But this story lacks insight into why McCarthy is likely to win the Speaker's Chair regardless of Trump's view.… First, a huge majority of GOP House members were brought into the House by McCarthy urging them to run when he was GOP Chief Dep. Whip and House Minority Leader. As far back as 2010, in just his 2nd term, McCarthy led GOP efforts to find and back new GOP candidates for the House.
Jun 20 4 tweets 1 min read
He's not in "denial". He genuinely does not know. At this point, all he knows is what he hears from WH political staff, which is political messaging.
My guess is we haven't yet hit "official" recession territory ... which if I recall correctly is two consecutive quarters of economic contraction.
But the only thing that has keep the economy from contracting has been inflation.
But we are at the point now where inflation is going to hit consumer spending AND
Jun 19 4 tweets 1 min read
Shockingly, it's going to end up being Gavin Newsom. He won't challenge Joe Biden, but he might challenge Harris is Biden declines to run for a second term. They each have their own power bases in NorCal. If she is seen as a certain loser, he'll ride his base to challenge her. Gavin Newsom's father was a Dem party power broker in NorCal. Newsom's aunt -- his father's sister -- married Ron Pelosi, the brother of Nancy's husband.

When Joe Biden committed himself to naming an African-American female as his VP, Pelosi did not back Kamala Harris.
Jun 12 4 tweets 1 min read
Wrong. I pointed out that is was not likely "entrapment" from a legal standpoint. But if you read my story I made it very clear that the efforts by the CHS to hold the group together when it might have otherwise broken apart could have crossed the line into entrapment. There were people involved who started talking about wanting to kidnap Whitmer as far back as April 2020. "Entrapment" is a specific type of legal defense, and it is very dependent on the actual facts. You don't get "actual facts" from journalists with an agenda.
Jun 6 4 tweets 1 min read
Giglio v. Duarte is not really a hard call. Giglio is a first time candidate at any level, and the Dems will field a member of the Assembly. Duarte is a fourth generation farmer, and is a member of the "Young Guns" program that McCarthy started. Duarte is born and raised in the Valley, whereas Giglio was born in Conn. and lived as an adult in New Jersey before moving to Madera. So he's an east coast transplant who is not going to come off as an authentic hispanic -- I'm not sure he is.
Jun 4 7 tweets 2 min read
Current reporting seems to strongly suggest what I suspected and why I raised a question. The facility inside PC is a SCIF designed to FBI/DOD Specs, and it is used for the review of classified documents that are involved in PC's representation -- likely defense -- of clients. This was documented to be part of a construction program for such facilities that began in 2006. I recall in that time frame that a SCIF was built inside the US Attorney's Office where I worked. For 14 years prior to that I'd never seen a SCIF inside a USAO.
Jun 1 4 tweets 1 min read
I'm told that after the Sussmann verdict yesterday, Peter Strzok took a "victory lap" on Twitter. He long ago blocked me so I can't say for sure what he Tweeted.
Consider the following:
Sussmann was not ever a member of the FBI. Sussmann was charged with lying to the FBI.
Sussmann was alleged to have knowingly provided false data to the FBI in order to create an investigation for use as an "October Surprise."
Strzok received the info from Baker/Priestap.
Strzok sent the info to Cyber Crimes Division
May 31 6 tweets 1 min read
Not going to Tweet too much more re Sussmann. Motions due later this week so I have other work to do.
But, here is the wrap up:
1. Did Sussmann not lie or did Jury think his lie was not "material."
Both would be "not guilty" verdicts, but the latter doesn't cover him with glory. 2. Mis-conduct of FBI leadership in time frame of Aug-Nov. 2016 reinforced. We will see lots more FBI comms now than were made public. The Leadership badly wanted the HRC hatched plot to be true, and they had EVIDENCE it was not true very early on but persisted.
May 31 5 tweets 1 min read
Had the jury not acquitted Sussmann, Cooper might have.
Problem for Durham --
1) Text message on 9/18.
2) Statement in meeting with Baker on 9/19.

Durham had to prove beyond a reasonable doubt that Sussmann claimed "no client" in meeting on 9/19 because of SOL. Both Priestap and Anderson notes from meeting with Baker on 9/20 include reference to "no client."

The existence of the text message actually made Durham's case harder. Without it, the meeting on 9/19 was the only possible time when Sussmann might have made that claim to Baker.
May 30 7 tweets 2 min read
Do you always avoid concessions about a mistake into non-sequiturs?

"Brown's second argument is that, by instructing the jury that it could find him guilty of either possessing the weapon "or" the ammunition, the district court constructively amended the indictment." 1/ Since the indictment charged Brown with possession of a firearm "and" ammunition, he urges that changing the jury instruction to allow the jury to find him guilty of possessing either the firearm or the ammunition broadened his ... criminal liability beyond the ... indictment. 2/
May 28 7 tweets 2 min read
This is just stunning. This needs to be the first piece of video footage used by the GOP after they take Cong. to force Dems into joining them in removing him from office.
He was born in 1942. He would have been 23 in 1965. He graduated from Univ. of Delaware in 1965, but in this video claims he was given an appointment to the Naval Academy for 1965.
He doesn't say "Class of 1964" -- which would have meant an appointment in 1961. But I guess that is plausible.
May 26 7 tweets 2 min read
There is a lot to question in this article. Uvalde is a town of 15,000 people, and it is the main municipality in Uvalde County which has a total of only 25,000 people. It is 85 miles from San Antonio to the East, and 70 miles from Del Rio to the West. There are both a Border Patrol Station and US Customs and Border Protection Checkpoint inside the municipality.
The Article says local police arrived at 11:44, and that Ramos was killed by the Border Patrol officer at 12:40.
May 26 6 tweets 2 min read
I should have included a section on defending the FBI policy allowing a handler to maintain source anonymity within the FBI. The reason for that is to preserve the source's effectiveness as a source. If that anonymity is lost--even within the Bureau--the source can simply quit. An agent with a productive and important source who has conditioned his/her involvement on total anonymity --except for the Handler and necessary supervisor (Source Coordinator)--must maintain that anonymity or risk losing access to the valuable information the source supplies.
May 25 12 tweets 2 min read
No--it wasn't my "point." Those were events in the general time frame I was referring to.
My "point" was that since early Aug when the CH team was assembled and tasked, they had investigative steps trying to document the existence of a connection between Trump/Russia. But those steps had not produced the information needed to move the investigation forward. The goal from late Aug was to get a FISA which would get them historical communications between the targets and whoever -- maybe Russian connections.
May 25 12 tweets 3 min read
No--it wasn't my "point." Those were events in the general time frame I was referring to.
My "point" was that since early Aug when the CH team was assembled and tasked, they had investigative steps trying to document the existence of a connection between Trump/Russia. But those steps had not produced the information needed to move the investigation forward. The goal from late Aug was to get a FISA which would get them historical communications between the targets and whoever -- maybe Russian connections.
May 24 6 tweets 2 min read
Priestap was an AD. In the week he met with Baker he probably had 25+ other meetings on CI matters that were actually meaningful. As he said, the Alfa investigation didn't go anywhere because the data didn't support the hypothesis. There was no reason for him to know more. There are maybe 8000 CI Special Agents. They have 10,000 or more investigations going at any given time. Hundreds of FISAs are active and gathering intel. This covers all manner of potential foreign threats. He was the guy that it all filtered up to.
May 24 4 tweets 1 min read
Honestly -- these are the kinds of all-encompassing pronouncements that put me on edge. Much of what you are hearing is what these Agents concluded in a very short period of time with very limited visibility as to all the relevant info. Not everyone knows everything at any given point in time -- individual knowledge is less than the collective, but they are testifying about their individual actions, recollections, and recordings. That universe of incomplete information often leads to dead ends and mistakes.
May 24 5 tweets 2 min read
@UndeadFoia @McAdooGordon @KingMakerFT -- something we didn't discuss yesterday, and I'll talk about it next time, is that one reason for the weakness of the FBI Agent testimony and written work product here is that these Agents are all "Counter-Intelligence" Agents. The two sides of the Bureau have very different skillsets because they do different jobs. The Agents in the Criminal Division are always focused on making cases for prosecution. They expect their written work product to be scrutinized by AUSAs, defense attorneys, judges, juries.
May 9 9 tweets 2 min read
Great race to watch. But it was not a great race. The early pace simply cooked everyone in the front half of the field. 21.78 first quarter is 1.5 seconds too fast. Slowed a bit, but still went 23.5 for the next quarter, for a 45.36 half. Way too fast for 1 1/4 mile race. Not a classic speed duel because there are 6 horses running close to 45.5 or better -- the entire pack at the front got cooked.
The 3/4 time is 1:10.34 so they went a flat 24 seconds for that third 1/4 mile.
21.8, 23.5, and 24 flat -- with a half mile left to run.
May 3 4 tweets 1 min read
FYI -- Jeffrey Toobin has made a lucrative career for himself after blowing up his legal career by writing a "behind the scenes" book about the Iran-Contra prosecutions by Lawrence Walsh. Toobin was the most junior "Coffee Boy" on Walsh's staff. He did nothing of significance during the entirety of his time with the Walsh Independent Counsel Office, but took his notes and wrote a book in a betrayal of the confidential nature of his position.