Mueller team

November 5, 2019 – DOJ prosecutors overseeing the Flynn case, Jessie K. Liu and Brandon Van Grack, admit to “mistakenly” attributing wrong notes to wrong FBI agents

Prosecutor Brandon Van Grack sends a letter to Flynn’s defense team today containing a stunning, almost impossible to comprehend, admission of a mistake central to the claims of the prosecution.  In March 2018 the FBI presented notes taken by agents Pientka and Strzok, now they say they made a ‘mistake’.

For almost two years the DOJ misidentified, misattributed, and never corrected that the authors of the Flynn interview notes were actually reversed.  All of the notes attributed to FBI Agent Peter Strzok actually were taken by FBI Agent Joseph Pientka, and vice-versa:

What kind of f**kery is this?  The DOJ never confirmed the authorship of the FBI notes that are central to the FD-302, upon which the entire prosecution claim of Flynn lying to investigators is based? …Seriously?

The entire FBI case against Flynn; meaning the central element that he lied to FBI investigators (he didn’t); is predicated on the FD-302 interview reports generated by the two FBI agents; later discovered to have been edited, shaped and approved by Andrew McCabe….  And for almost two years the entire outline of their documented evidence has been misattributed?

C’mon man.  This is sketchy as heck.

Obviously what triggered this re-review of the notes was a smart sur-surreply from the defense that highlighted how Peter Strzoks notes were far too neat, organized and well constructed to have been written during an actual interview. [SEE HERE]

For the prosecution to now reverse course and say the agent attribution was transposed, is either the biggest screw-up in a high profile case…. OR, the prosecution now needs to reverse the note-takers due to the exact, and common sense, reasons highlighted by the defense.” (Read more: Conservative Treehouse, 11/05/2019)  (Archive)

UPDATE:

Michael Flynn’s attorney, Sidney Powell, appears on Fox Late Night to discuss the stunning letter from the DOJ that for the past two years they have attributed the wrong notes to the wrong FBI agent. – Conservative Treehouse

September 10, 2019 – Attorney Sidney Powell argues General Flynn’s case should be dismissed over ‘egregious government misconduct’

General Michael Flynn and Sidney Powell (Credit: Conservative Treehouse)

“An attorney for Michael Flynn said in federal court Tuesday she may seek a dismissal of charges against the former national security adviser, citing “egregious conduct and suppression” of exculpatory information in the case.

Prosecutors handling the case had a surprise of their own, telling Judge Emmet Sullivan that they are now reserving the option of recommending jail time for Flynn, instead of just probation. Prosecutors with the special counsel’s team last year recommended that Flynn receive probation without jail time because of his substantial cooperation in several investigations.

But Flynn’s situation has changed dramatically since then. He no longer has to meet with the special counsel’s team since the Russia probe has ended. And in Junehe hired a new legal team that has aggressively challenged the government’s investigation of Flynn.

Flynn’s defense attorney, Sidney Powell, told Judge Emmet Sullivan that the legal team has no plans to pull out of a plea deal that Flynn struck with the special counsel on Dec. 1, 2017. Instead, Powell is questioning the basis of the government’s case against Flynn and may seek to have charges thrown out altogether. (Read more: The Daily Caller, 9/10/2019)

August 31, 2019 – The Archey Declarations prove Comey/McCabe “small group” hid information from FBI investigators until they could get Mueller appointed

“There are two sets of documents that outline a precise picture.  Robert Mueller’s lead FBI Agent David Archey made sworn declarations to the court, without knowledge of FBI “whistleblower” information provided to DOJ Inspector General, Michael Horowitz.

There is a distinct conflict within the IG report on James Comey (and memos) (Available Here) and the David Archey declarations (Available Here).  However, beyond the conflict, there’s an even more alarming picture of how Robert Mueller was deployed when all the information is overlaid on a timeline.   A very clear picture emerges; very clear.

In June 2017 CNN (and other media) filed a FOIA suit to gain the Comey memos.  As the lawsuit progressed through a lengthy battle -where the Mueller team did not want to turn over those memos- Mueller’s lead FBI agent, David Archey, made sworn declarations to the court.  Those statements became known as the “Archey Declarations.”  Inside those declarations, agent Archey provided a specific outline of the FBI and the memos.

Note the date – Agent Archey states the “investigative team” came into full possession of the Comey memos: on or by May 12th, 2017.”

The “investigative team” would be Andrew McCabe, Bill Priestap, Peter Strzok, Lisa Page, and then James Baker as lead counsel for the group.  The “Director’s staff” would be James Rybicki, who is identified by Archey as having “maintained” possession of the memos.

So this “small group”, particularly James Rybicki, is the center of the team.  This team is also confirmed by the IG Horowitz report. This team had the memos on May 12th, 2017.

Now we move into the aspect where the motives and ideology become clear when we look at the IG custodial record of the memos, as outlined by the Supervisory Special Agent in charge of Comey’s documents within the IG report, compared to the Archey declarations.

The FBI Supervisory Special Agent (SSA) in charge of Comey’s document retrieval is the “whistleblower” who eventually went to the IG.  I’ll explain why and how below; and to make understanding easier we shall use “SSA Whistleblower” to describe him.

♦ On May 10th, the Comey memos were not in Comey’s office [per IG report].  At the time of the search and review of Comey’s office, there were no hard copies found by SSA Whistleblower.

Now, keep in mind “by May 12th” James Rybicki had all the Comey memos in his possession, per Mueller team FBI Agent David Archey.

♦ On May 12th, SSA Whistleblower went to James Comey’s house along with James Rybicki and Deputy FBI Director David Bowditch.

(IG Report – Comey Memos – Page 34) 

During this May 12th visit, James Comey never told SSA Whistleblower he had the memos in his personal safe.  James Rybicki was also present for this retrieval visit and also never told SSA Whistleblower that he was holding the memos in his FBI HQ office.

♦ On May 15th, three days later, James Rybicki then tells SSA Whistleblower he knows the location of the Comey memos; and Rybicki informs SSA Whistleblower he has additional relevant material.

(IG Report – Comey Memos-Page 38) 

From the IG Report: “Rybicki told the SSA that he did not tell anyone about the Memos during the May 10 inventory because he understood that process to only include Comey’s office.”   Very sketchy.

At this point, SSA Whistleblower had to suspect something sketchy was happening.  Keep in mind the following day May 16th, 2017, Comey sent memo content to his friend Daniel Richman with instructions to leak to the New York Times. (Article published 5:00 pm May 16, 2017)

If Rybicki didn’t inform SSA Whistleblower on May 15 about the Comey memos, then SSA Whistleblower would have found out from leaked media reports the next day May 16.

If Rybicki didn’t tell SSA Whistleblower about the memos on May 15, then it would have looked like the ‘small group’ was hiding and leaking the memos.  An intellectually honest review of the timing, and considering Rybicki had indeed been hiding the memos, leads to the conclusion Rybicki knew the NYT leak was coming; Rybicki was coordinating with James Comey; Rybicki/Comey were trying to avoid team scrutiny. [Further evidence of this surfaces in the Mueller contact timeline.]

By May 16th, 2017, SSA Whistleblower, had to see the sketchy nature of how this was unfolding.   As a result this scenario from the IG report now makes sense:

If we overlay the FBI “small group” contact with Robert Mueller an even more clear picture emerges.

“Crossfire Hurricane” – During 2016, after the November election and throughout the transition period and into 2017, the FBI had a counterintelligence investigation ongoing against Donald Trump. FBI Director James Comey’s memos were part of this time period as the FBI small group was gathering evidence.  Then Comey was fired…

♦ Tuesday, May 9th – James Comey was fired at approximately 5:00 pm EST.  Later we discover Rod Rosenstein first contacted Robert Mueller about the special counsel appointment less than 15 hours after James Comey was fired.

♦ Wednesday, May 10th – From congressional testimony, we know DAG Rod Rosenstein called Robert Mueller to discuss the special counsel appointment on Wednesday, May 10th, 2017, at 7:45 am. [See Biggs questions to Mueller at 2:26 of video]

According to his own admissions (NBC and CBS), Deputy FBI Director Andrew McCabe immediately began a criminal ‘obstruction’ investigationWednesday, May 10th; and he immediately enlisted Deputy Attorney General Rod Rosenstein.

A few hours after the Rosenstein-Mueller phone call, James Comey’s office was being searched by the SSA Whistleblower per the IG report on Comey’s memos.

(IG Report – Comey Memos – Page 33) 

♦Thursday, May 11th – Andrew McCabe testified to congress. With the Comey firing fresh in the headlines.  McCabe testified there had been no effort to impede the FBI investigation.

Also on Thursday, May 11th, 2017, The New York Times printed an article, based on information seemingly leaked by James Comey, about a dinner conversation between the President and the FBI Director.   The “Loyalty” article [link].  The IG report shows: [Daniel] Richman confirmed to the OIG that he was one of the sources for the May 11 article, although he said he was not the source of the information in the article about the Trump Tower briefing“.

♦Friday, May 12th –  Andrew McCabe met with DAG Rod Rosenstein to discuss the ongoing issues with the investigation and firing.  Referencing the criminal ‘obstruction’ case McCabe had opened just two days before.  According to McCabe:

“[Rosenstein] asked for my thoughts about whether we needed a special counsel to oversee the Russia case. I said I thought it would help the investigation’s credibility. Later that day, I went to see Rosenstein again. This is the gist of what I said: I feel strongly that the investigation would be best served by having a special counsel.” (link)

According to Andy Biggs questioning of Mueller, on this same day, May 12th, evidence shows Robert Mueller met “in person” with Rod Rosenstein.  This is the same day when SSA Whistleblower went to James Comey’s house to retrieve FBI material and both Rybicki and Comey never informed the agent about the memos:

(IG Report-Comey Memos-Page 34)

May 12th, is the date noted by David Archey when FBI investigators had assembled all of the Comey memos as evidence.  However, no-one in the FBI outside the “small group” knows about them.

Saturday, May 13th, 2017, another meeting between Rod Rosenstein and Robert Mueller, this time with AG Jeff Sessions also involved. [Per Andy Biggs]

♦ Sunday, May 14th –  Comey transmitted copies of Memos 2, 4, and 6, and a partially redacted copy of Memo 7 to Patrick Fitzgerald, who was one of Comey’s personal attorneys.  Fitzgerald received the email and PDF attachment from Comey at 2:27 p.m. on May 14, 2017, per the IG report.

♦ Monday, May 15th, McCabe states he and Rosenstein conferred again about the Special Counsel approach. McCabe: “I brought the matter up with him again after the weekend.”

On this same day was when James Rybicki called SSA Whistleblower to notify him of Comey’s memos. The memos were “stored” in a “reception area“, and in locked drawers in James Rybicki’s office.

(IG Report-Comey Memos-Page 38)

♦Tuesday May 16th – Per the IG report: “On the morning of May 16, Comey took digital photographs of both pages of Memo 4 with his personal cell phone. Comey then sent both photographs, via text message, to Richman”

On this same day, Rod Rosenstein takes Robert Mueller to the White House for a meeting in the oval office between President Trump, VP Pence, Robert Mueller, and Rod Rosenstein.    While they were meeting in the oval office, the following story was published by the New York Times (based on Comey memo leaks to Richman):

Also during the approximate time of this Oval Office meeting, Peter Strzok texts with Lisa Page about information relayed to him by Tashina Guahar (main justice) on behalf of Rod Rosenstein (who is at the White House).

Later that night, after the Oval Office meeting – According to the Mueller report, additional events on Tuesday May 16th, 2017:

Interesting that Tashina Gauhar was taking notes presumably involved in the May 16, 2017 meeting between, Lisa PageRod Rosenstein, and Andrew McCabe. 

This meeting at Main Justice appears to be happening in the evening (“later that night”) after the visit to the White House with Robert Mueller.  This meeting appears to be Lisa Page, Rod Rosenstein and Andrew McCabe; along with Tashina Gauhar taking notes.

Why is Tuesday, May 16th, 2017, date of additional importance?

♦ Wednesday May 17th, 2017:  Rod Rosenstein and Andrew McCabe go to brief the congressional “Gang-of-Eight”: Paul Ryan, Nancy Pelosi, Devin Nunes, Adam Schiff, Mitch McConnell, Chuck Schumer, Richard Burr and Mark Warner.

(…) “On the afternoon of May 17, Rosenstein and I sat at the end of a long conference table in a secure room in the basement of the Capitol. We were there to brief the so-called Gang of Eight—the majority and minority leaders of the House and Senate and the chairs and ranking members of the House and Senate Intelligence Committees. Rosenstein had, I knew, made a decision to appoint a special counsel in the Russia case.”

(…) “After reminding the committee of how the investigation began, I told them of additional steps we had taken. Then Rod took over and announced that he had appointed a special counsel to pursue the Russia investigation and that the special counsel was Robert Mueller.” (link)

Immediately following this May 17, 2017, Go8 briefing, Deputy AG Rod Rosenstein notified the public of the special counsel appointment.

What is clear from a review of all the related and released information is the FBI small group (McCabe, Page, Strzok, Rybicki, Baker) were hiding the ongoing FBI investigation from other FBI officials (including the SSA Whistleblower), inside the department after Comey was fired.

McCabe launched a “criminal investigation” (obstruction) on May 10th, and Rosenstein was in immediate contact with Robert Mueller about being a special counsel after conversations with the FBI small group. The small group was then releasing information to their media allies, and hiding the releases from FBI agents outside the small group; until they no longer needed to do so (May 15).

On May 15th, it appears the SSA was finally notified of the Comey memos because the small group already knew Robert Mueller was going to be appointed.

Comey, his lawyers and Lawfare allies, together with the small group, coordinated to leak and publish the NYT article (May 16th) the day Mueller was interviewing President Trump in the oval office. They knew Mueller was going to be appointed the following day, May 17th.  The NYT leak was cover and ammunition for Rod Rosenstein to fulfill his role.

This is the Special Counsel as the insurance policy deployed.

Everything was a set up by the small group; exclusively executed by the small group; kept hidden from other FBI agents and officials; Mueller’s visit with President Trump was part of that investigative effort.

This overall conspiracy/plan is why the SSA turned to the Inspector General and requested Whistleblower protection.  This is also why IG Horowitz was motivated to carve out the Comey memos in his report.  KEY POINT – OIG Michael Horowitz has outlined the Special Counsel appointment as fraudulently predicated.

(Conservative Treehouse, 8/31/2019)

(Republished with permission.)

August 28, 2019 – Jeff Carlson: Highlights from the IG Report on Comey’s Memos

(Credit: Lazaro Gamio/Axios)

Department of Justice Inspector General Michael Horowitz has released a report on former FBI Director James Comey’s leaking of personal memos to his attorneys, a personal friend, and the media.

Comey had told the IG that he believed the memos shared with his attorneys did not contain any classified information.

However, the IG noted that specifically: “Memos 1 and 3 contained information classified at the ‘SECRET’ level, and that Memos 2 and 7 contained small amounts of information classified at the ‘CONFIDENTIAL’ level—although Comey redacted all classified information in Memo 7 before sending to his attorneys.”

The IG report also noted that “Comey considered Memos 2 through 7 to be his personal documents.”

Comey maintained copies of Memos 2 through 7 at his personal residence—a fact that he failed to report to the FBI. Comey also provided James Rybicki, his chief of staff, with a copy of these same memos to maintain at FBI headquarters.

On May 14, 2017, Comey provided electronic copies of Memos 2, 4, 6, and 7 to one of his personal attorneys, who subsequently shared the memos with two additional attorneys several days later on May 17, 2017. Memo 2 contained six words, four of which were names of specific countries that the FBI later deemed to be classified.

Leak to the Media

On May 16, Comey provided a copy of Memo 4 to Daniel Richman who was a “close personal friend” in addition to being one of Comey’s attorneys. Comey directed Richman to “share the contents of Memo 4, but not the Memo itself, with a specific reporter for The New York Times.”

Richman did have a security clearance at this time, but there appears to be no demonstrable “need to know” that is also a requirement for gaining access to classified information.

This memo contained information that was deemed by the FBI to be “For Official Use Only” but did not contain any classified information. The IG noted: “We found no evidence that Comey or his attorneys released any of the classified information contained in any of the Memos to members of the media.”

The same day that Comey’s two additional attorneys gained access to his memos—May 17, 2017—former FBI Agent Peter Strzok sent a text to former FBI lawyer Lisa Page noting, “F’in Pamela Brown knows there were two phone call memos.” Brown, a reporter for CNN, had reported on the existence of Comey Memos the night prior during a segment with Anderson Cooper but had yet to mention the phone call memos.

The Strzok text regarding Brown is notable for two reasons. One, Strzok was clearly familiar with the contents of Comey’s Memos, and two, Brown had to have learned of the “phone call Memos” from a source other than Richman—who had only received a copy of Memo 4, which detailed a physical meeting and did not mention any “phone call Memos.” It is not known who provided Brown with the additional information.

Notably, the FBI “first learned that Comey had shared Memo 4 with Richman while watching Comey’s public testimony before SSCI [Senate Select Committee on Intelligence] on June 8, 2017.” Nor did Comey inform the FBI that he had shared Memos 2, 4, 6 and 7 with his personal attorneys. It was only after the FBI questioned Richman regarding Memo 4 that the FBI learned that Comey had also provided the additional memos to his attorneys.

Comey Kept Memos at His Home

The June 8, 2017, date is particularly notable because only the day before, on June 7, 2017, did Comey provide the copy of his memos that he kept in his home safe to the FBI at the request of Special Counsel Robert Mueller. Although the existence of the Comey Memos were well-known by this time, it does not appear that FBI personnel knew that Comey kept his own memo copies at home—until he turned them over.

The IG report highlighted Comey’s retention of his memos at his personal residence, noting: “We found it particularly concerning that Comey did not tell anyone from the FBI that he had retained copies of the Memos in his personal safe at home, even when his Chief of Staff, the FBI’s Associate Deputy Director, and three SSAs [Supervisory Special Agents] came to Comey’s house on May 12, 2017, to inventory and remove all FBI property.” Why Comey chose to not disclose this information to the FBI remains unknown.

According to the IG report, “[O]n June 7, 2017, Comey provided the SSA who came to his home with Comey’s signed originals of Memos 2, 4, 6, and 7, which were the only Memos that Comey said he had retained at his residence.” Notably, the “SSA said he had been advised ahead of time that Comey had Memos to give to him.” The report does not disclose who advised the SSA, but it may have been Special Counsel Mueller.

Comey told the IG that “he voluntarily gave his signed originals of Memos 2, 4, 6, and 7 to the SSA at his house that day, not because he had concerns that they contained classified information, but “because Special Counsel [Robert Mueller] asked for them.”

How the Special Counsel came to learn that Comey had a personal copy of his memos at his house remains unknown, particularly as it appears that no one else within the FBI was aware of this fact until Comey turned the memos over.

Comey had previously viewed the FBI copies of his memos that had already been officially classified by the FBI on June 7, 2017, in preparation for his June 8 testimony. As a result, Comey was now aware of what the FBI deemed “SECRET” or “CONFIDENTIAL.” As the IG report noted, “By not immediately reporting that he had provided Memo 2 to his attorneys when Comey first learned that the FBI had designated a small portion of Memo 2 as classified at the ‘CONFIDENTIAL’ level, Comey violated FBI policy.”

Lisa Page Obtains Memos Ostensibly for McCabe

Others within the FBI also had copies of Comey’s Memos. According to the IG’s report, “Page told the OIG that McCabe also allowed her to look at Memos 2, 3, and 4, but asked her not to share them with anybody. Page told the IG that “she decided to make and keep copies of these Memos because they were ‘just of the nature that [she] felt like there should be one other copy somewhere else.’” Page claimed not to know “if others in the FBI were keeping copies of the Memos.”

However, it appears that Page attempted to hide her possession of Comey’s Memos from other officials within the FBI. On May 10, 2017, Comey’s former chief of staff James Rybicki was contacted by Page who requested “a full set of the Memos.” Rybicki, who told the IG that Page said her request was made on behalf of Acting FBI Director Andrew McCabe, then made three copies of Comey’s Memos—one for himself, one for Page to pass along to McCabe, and one for FBI General Counsel James Baker. Notably, May 10, 2017, may have been the date that McCabe opened an investigation into President Donald J. Trump.

Page told the IG a somewhat different version of events, noting that “she did not think McCabe had asked her to assemble copies of the memos; she said she thought she did it on her own because she “knew that it needed to get done.” Additionally, Rybicki told the IG “that he was ‘surprised’ when he learned that Page already had copies of some of the Memos because he ‘didn’t think anybody maintained a copy’ other than him, and didn’t know how she got them.”

Comey told the IG that he considered “Memos 2 through 7 to be his personal documents,” but this assertion was roundly dismissed by other FBI officials. According to the IG report, “All of the FBI senior leaders interviewed by the OIG stated that the Memos were official government records.” McCabe told the IG that Comey’s Memos served as a “record of [Comey’s] official engagement with the President.” Baker said the memos were “related to official business” and that “they were discussed in the office in connection with [Comey’s] official responsibilities.” Rybicki said he had “treated the Memos as FBI records.” The FBI’s Director of Counterintelligence Bill Priestap characterized the memos as documents “produced by the Director in his capacity as Director … they’re FBI work product.”

Whistleblower Provided IG Memos

Interestingly, “shortly after Comey’s removal, a set of the seven Memos was provided to the OIG by a Department employee, who claimed whistleblower status,” the IG revealed in the report. The number of individuals within the FBI who had access to Comey’s Memos was comprised of a very small group. The IG noted that the whistleblower “viewed the Memos as extremely sensitive documents and was concerned that there should be a separate set deposited somewhere for safekeeping.” This means that the IG obtained possession of the Comey Memos very early on—since mid-May 2017.

Additionally, the IG revealed that it was then-Acting FBI Director Andrew McCabe, who referred the matter of Comey’s Memos to the Office of the Inspector General for review in July 2017. McCabe may have been unaware that the IG already was in possession of Comey’s Memos via the unknown whistleblower.

Genesis of Comey’s Memos

In regards to the genesis of the Memos, Comey told the IG that it was his Jan. 27, 2017, dinner with President Trump that prompted him to begin the process of maintaining Memos detailing his interactions with the president. However, Comey had already written an earlier memo regarding a meeting with President Trump on Jan. 6, 2017, where Comey provided the president with details of the “salacious” information from the Steele dossier. Comey also told Congress a slightly different story, testifying on June 8, 2017, that he began creating memos from his very first interaction with President Trump, based on a “gut feeling.”

The IG report provides some intriguing details surrounding the Jan. 6, 2017, meeting, and the manner in which that meeting was pre-determined to be fully documented by Comey.

“Witnesses interviewed by the OIG also said that they discussed Trump’s potential responses to being told about the ‘salacious’ information, including that Trump might make statements about, or provide information of value to, the pending Russian interference investigation.

“Multiple FBI witnesses recalled agreeing ahead of time that Comey should memorialize his meeting with Trump immediately after it occurred. Comey told the OIG that, in his view, it was important for FBI executive managers to be ‘able to share in [Comey’s] recall of the … salient details of those conversations.’ Comey also said that an additional concern, shared by the members of his management team, was that if the briefing became ‘a source of controversy’ it would be important to have a clear, contemporaneous record because Trump might ‘misrepresent what happened in the encounter.’”

It appears from the IG’s report that President Trump had no knowledge that Comey was transcribing their interactions. The FBI’s General Counsel, James Baker, told the IG that “it was his understanding that the small group of people who had access to the Memos ‘really didn’t want anyone to know the Director … was recording at this level of detail his interactions with the President’ because any perception that Comey was ‘keeping … book’ on the President would upset any effort to have an effective and ongoing working relationship.”

It should also be noted that Comey failed to keep any memos of his meetings with Obama and other Obama-era officials.

Memo 3 was one of those deemed to contain information classified at the “SECRET” level. In regards to this particular memo, Comey told the IG that he gave one copy to Rybicki, with instructions for Rybicki to show it to McCabe and Baker, while keeping the other copy in his desk drawer—located in his secure office. On May 10, 2017, the day immediately following Comey’s firing, a Supervisory Special Agent (SSA) was assigned to inventory the contents of Comey’s office. As noted in the IG report, “According to the inventory, no hard copies of any of the Memos were found in Comey’s office.”

Five days later, on May 15, 2017, following a conversation with Comey, Rybicki notified the SSA that there “were additional documents belonging to Comey stored in the reception area near the former Director’s office.” Among these documents were six of the original Comey Memos. According to the IG, this was the first time the SSA learned of the existence of the Comey Memos. Rybicki told the SSA that “he did not tell anyone about the Memos during the May 10 inventory because he understood that process to only include Comey’s office.”

Comey Violated FBI Policy

The IG found that “Comey’s actions violated Department or FBI policy, or the terms of Comey’s FBI Employment Agreement” and concluded that “Comey’s retention, handling, and dissemination of certain Memos violated Department and FBI policies, and his FBI Employment Agreement.”

The IG recognized that the “responsibility to protect sensitive law enforcement information falls in large part to the employees of the FBI who have access to it through their daily duties” and pointedly noted that “Comey failed to live up to this responsibility.”

The IG’s report also noted, “By not safeguarding sensitive information obtained during the course of his FBI employment, and by using it to create public pressure for official action, Comey set a dangerous example for the over 35,000 current FBI employees—and the many thousands more former FBI employees—who similarly have access to or knowledge of non-public information.”

The IG provided a copy of his findings to the DOJ for a prosecutorial decision regarding Comey’s conduct. The DOJ declined prosecution. It is not known when the IG’s findings were first submitted to the DOJ. The IG then prepared this more comprehensive report that focused on whether Comey’s actions violated Department of FBI policy.

It was previously reported that the DOJ had declined prosecution of Comey. According to a source for Fox News, “Everyone at the DOJ involved in the decision said it wasn’t a close call,” one official said. “They all thought this could not be prosecuted.”

To underscore the difficulties the DOJ faced in pursuing a successful prosecution is the fact that Comey’s Memos were only classified by the FBI after Comey had leaked them. Additionally, the IG found no proof that “Comey or his attorneys released any of the classified information contained in any of the Memos to members of the media.”

A failed prosecution at this juncture would prove problematic to the overall investigation of Spygate. The IG’s pending report on FISA abuse is far more important and potentially significantly more damning. (themarketswork.com, 8/30/2019)

(Republished with permission.)

July 10, 2019 – Flynn’s lawyers: Mueller team wants false testimony, possibly retaliates when rebuked

Michael Flynn and new attorney, Sidney Powell. (Credit: Alex Wroblewski/Getty Images)

“Prosecutors from the team of special counsel Robert Mueller wanted Lt. Gen. Michael Flynn to testify to something that isn’t true, Flynn’s lawyers said. When he refused, they tried to label him a co-conspirator in a case where they previously said he was only a witness.

A federal judge denied the prosecutors’ move, saying the government didn’t present enough evidence to introduce Flynn’s statement as one of a co-conspirator.

Flynn, former national security adviser to President Donald Trump, is expected to face a light sentence after pleading guilty to lying to the FBI and after extensively cooperating with the Mueller team and the Justice Department. He was also expected to testify on another case of making false statements on foreign lobbying registration forms.

In his November 2017 guilty plea, he said that the forms submitted by lawyers for his now-defunct lobbying company, Flynn Intel Group (FIG), contained false and misleading statements. The prosecutors, however, recently asked him to testify that he signed those forms knowing about the falsities and intending for them.

He refused.

“Mr. Flynn cannot give that testimony because it is not true,” Flynn’s recently hired lawyers, Jesse Binnall, Sidney Powell, and William Hodes, said in a July 8 court filing.

They said Flynn only acknowledged in his plea the falsities “with some hindsight.” At the time of signing the forms, in March 2017, Flynn only read the cover letter and didn’t know about or intend for anything false in them, they said.

“Mr. Flynn trusted his former counsel who held themselves out as experts in this area of law,” the filing stated.” (Read more: The Epoch Times, 7/10/2019)

May 31, 2019 – Sidney Powell discusses DOJ in the Lawfare era: “guilty until proven innocent”

Not enough people understand the role of the Lawfare group in the corruption and political weaponization of the DOJ, FBI and larger intelligence community.

Benjamin Wittes (Credit: Conservative Treehouse)

What Media Matters is to corrupt left-wing media, the Lawfare group is to the corrupt DOJ and FBI.

All of the headline names around the seditious conspiracy against Donald Trump assemble within the network of the Lawfare group.

Three days after the October 21st, 2016, FISA warrant was obtained, Benjamin Wittes outlined the insurance policy approach.

FBI Director James Comey, FBI Legal Counsel James Baker, Comey memo recepient Daniel Richman, Deputy AG Sally Yates, Comey friend Benjamin Wittes, FBI lead agent Peter Strzok, FBI counsel Lisa Page, Mueller lead Andrew Weissmann and the Mueller team of lawyers, all of them -and more- are connected to the Lawfare group; and this network provides the sounding board for all of the weaponized approaches, including the various new legal theories as outlined within the Weissmann-Mueller Report.

The Lawfare continuum is very simple.  The corrupt 2015 Clinton exoneration; which became the corrupt 2016 DOJ/FBI Trump investigation; which became the corrupt 2017 DOJ/FBI Mueller probe; is currently the 2019 “impeachment” plan.  Weissmann and Mueller delivering their report evolved the plan from corrupt legal theory into corrupt political targeting.  Every phase within the continuum holds the same goal.

The current “impeachment strategy” is planned-out within the Lawfare group.

After the 2018 mid-terms, and in preparation for the “impeachment” strategy, House Intelligence Committee Chairman Adam Schiff and House Judiciary Committee Chairman Jerry Nadler hired Lawfare Group members to become committee staff. Chairman Schiff hired former SDNY U.S. Attorney Daniel Goldman (link), and Chairman Nadler hired  Obama Administration lawyer Norm Eisen and criminal defense attorney Barry Berke (link), all are within the Lawfare network.

Remember, Special Prosecutor Robert Mueller didn’t come into this process as an ‘outsider’, and Mueller didn’t select his team. The corrupt Lawfare team inside government (FBI Counsel James Baker, DOJ Deputy Andrew Weissmann, FBI Deputy McCabe etc.) already knew Mueller.  The team had established personal and professional connections to Mueller, and they brought him in to lead the team.

When you realize that Robert Mueller didn’t select the team; rather the preexisting team selected their figurehead, Robert Mueller; then results make sense.  Robert Mueller can never be allowed to testify to congress because if questioned he actually has very little understanding of what took place.

A disconcerting aspect to the Lawfare dynamic is how current U.S. Attorney General William Barr has knowledge of this.  Barr knows and understands how the Lawfare network operates. Barr is from this professional neighborhood. Like Mueller, Barr also knows these people.

“As a matter of law. In other words, we didn’t agree with the legal analysis- a lot of the legal analysis in the report. It did not reflect the views of the department. It was the views of a particular lawyer or lawyers.

AG BILL BARR

Under Eric Holder, Sally Yates, Loretta Lynch, Tom Perez, Robert Mueller, James Comey and Andrew McCabe, the focus of the DOJ and FBI became prismatic toward politics and tribalism.  All of the hired senior lawyers and officials had to be aligned with the political intents of the offices.

(CIA Director John Brennan brought the same political goals to an intelligence apparatus that held a preexisting disposition of alignment, see Mike Morell: “I ran the CIA now I’m endorsing Hillary Clinton.”)

Their agencies were used against their ideological enemies in large operations like Fast-n-Furious, IRS targeting, Gibson Guitar etc.  And also smaller operations: Henry Louis Gates, George Zimmerman, Darren Wilson, Ferguson, Baltimore etc.  All of these activist Lawfare examples were pushed and promoted by an allied media.

Many of the ‘weaponized’ approaches use radical legal theory (ex. disparate impact), and that ties into the purposes and methods of the Lawfare Group.  The intent of Lawfare is described in the name: to use Law as a tool in Warfare.  The ideology that binds the group is the ideological outlook and purpose: using the legal system to target political opposition.

The Lawfare group ensures you have the right to remain guilty until they verify your politics and determine your alignment with the tribe.  If accepted, your disposition shifts to innocent and you receive a pass to avoid any legal jeopardy…

When special counsel Robert Mueller formally closed the Russia investigation on May 29th, he opened the door to wide-ranging speculation as to the intent behind his statement. In the eyes of Former Texas Prosecutor Sidney Powell, Mueller’s words stood the rule of law and the presumption of innocence on their heads. (Conservative Treehouse, 6/01/2019)

April 19, 2019 – Opinion: Mueller/Rosenstein and the entire apparatus were trying to provoke Trump in all manners to enhance the obstruction case

The *methods* the team used were always focused on trying to goad Trump into firing, or interfering, thereby creating more obstruction fuel.

Everything Mueller and Rosenstein were doing in late 2017 and throughout 2018 was intended to drag-out the Russia conspiracy narrative as long as possible, even though there was no actual Trump-Russia investigation taking place and Robert Mueller *DID* interview President Trump about the obstruction case. Rod Rosenstein was there for the deposition…. Only President Trump didn’t know his remarks were being recorded and transcribed.

Robert Mueller Did Interview President Trump Regarding Obstruction Case

What, you think that over-the-top broadcast (leaked to CNN) raid on Roger Stone with heavily armed SWAT teams was a mistake? Oh hell no… Team Mueller/Rosenstein were trying to get Trump to lash out. It was strategic and purposefully agressive, just like the Manafort raid.

Every action was taken by the Mueller special counsel in order to get Trump to respond to the heavy-handed tactics. It was always “obstruction” bait. Intentional provocation…. It was purposefully over-the-top. They were goading the President.

People still don’t appreciate just how sinister and Machiavellian this was. It was the obstruction case they hoped would build the impeachment outcome.

This was always the objective….. all the way back to May of 2017.

The obstruction case was based on the updated Scope Memo written by Rosenstein on August 2nd, 2017. Everything they were doing was to create that obstruction case. That’s why we are not allowed to see the scope memo.

The scope memo outlines the same targets that originally existed within Crossfire Hurricane and the Steele Dossier: Paul Manafort, George Papadopoulos, Carter Page, Michael Flynn and Michael Cohen. This was how they hoped to get to Trump.

Mueller targeted these individuals on other issues, any issues, because he needed to shut them down, hide the fraudulent origin of the original operation…. and thereby protect his obstruction investigation… For Mueller’s purposes:

  1. The Obstruction investigation, building toward the impeachment narrative, was always the original goal of Mueller and Rosenstein. Therefore…
  2. The Obstruction investigation needed the precursor of the Trump-Russia investigation to remain standing; However…
  3. The structure of the Trump-Russia investigation, the underlying evidence to support the effort, is predicated on the “Steele Dossier”. Therefore…
  4. Mueller needed to protect the Steele Dossier from scrutiny and deconstruction.

Remember, because there was no Trump-Russia collusion/conspiracy, it was always the “obstruction” investigation that could lead to the desired result by Mueller’s team of taking down President Trump through impeachment.

The “obstruction case” was the entirety of the case they were trying to make from August 2017 through to March 2019.

New scope memo. New FBI Team Leader. New approach. New goals. Mueller’s goals. What he was enlisted to produce. etc.

The Mueller targets would generate pressure points against President Trump. If they could not deliver direct evidence against Trump (on any criminal angle) they could be used to bait Trump into taking actions that would assist the obstruction case.

Obstruction was always the impeachment long-game, and their political plan needed the 2018 mid-term election and the House of Representatives in Pelosi’s hands to work.

 

This is why DAG Rod Rosenstein pressured Trump in September of 2018 not to declassify the underlying SpyGate/FISA documents.

Rosenstein knew sunlight would have undermined the Russia narrative, and worse…. it might have upended the goal of winning the House (a key part of their long-term plan); so Rosenstein informed Trump declassification would be impeding the Mueller investigation.

Along the road toward building the obstruction case, Mueller and Rosenstein needed to retain the illusion of a “Russian Interference Investigation.

The need to keep up the “Muh Russia” appearances is why Mueller and Rosenstein had to pause every six months and throw out a few phony, structurally silly, Russia indictments.

Robert Mueller, Andrew Weissmann and Rod Rosenstein knew the people they accused would never show up to defend themselves. The Russian interference indictments were for appearances only, and always came with a specific disclaimer:

This disclaimer is purposeful for two reasons. Number one: there was no Trump-Russia collusion/conspiracy; and number two: saying it satiated their target, President Trump.

While President Trump’s legal team were asking what was taking so long, the real program was for Mueller’s team to build the ‘obstruction’ case, which would be the launching point for the impeachment.

Andrew Weissmann & team were continually trying to bait/provoke President Trump into making statements, or taking action that could be added to the ‘obstruction’ file; while Mueller is telling Trump’s legal team they were only a subject-witness in the Russia investigation.

The entire Mueller team were working to goad President Trump into something Mueller could then color/construe as obstruction and then open House impeachment grounds; and they were having fun doing it.

The manner of the pre-dawn raid on Paul Manafort, and the way they treated him, along with the manner of the raid on Michael Cohen was all done purposefully hoping to draw a reaction from Trump, which they would add to the obstruction file.

Once Rosenstein and Mueller had the mid-term election goal secure (Dec ’18), then they set about enhancing the impeachment narrative with even stronger ‘obstruction‘ provocations.

The outrageous manner of arrest of Roger Stone is an example. The scale of it; heavily armed swat teams, tanks etc; and the fact that Weissmann enlisted CNN for the purpose of intentionally broadcasting the outrageous nature of the arrest, was by design.

After the 2018 election the type of provocations increased. From all appearances they had no intention of not continuing to ramp up the provocation.

All designed to make Trump lash out and give the appearance needed for obstruction.

The reason why Mueller’s team ended up stopping the scheme is because William Barr showed up and refused to participate. This would explain why a disgruntled Weissmann and Mueller team punted on the obstruction decision to AG William Barr.

It was their last desperate effort, amid a failure to construct a solid legal case, to politicize the possibility and innuendo, and force Barr to be the one to say: “no obstruction.”

(Read more: The Last Refuge/Conservative Treehouse, 4/19/2019)

(Editor’s note: republished with permission, photos courtesy of Conservative Treehouse)

April 8, 2019 – Court filings indicate there are additional Comey memos that memorialize the entire anti-Trump operation

(Credit: Lazaro Gamio/Axios)

“In a very revealing filing last night (full pdf below) the lead FBI investigator for the Mueller special counsel, David W. Archey, informs the court that with the ending of the special counsel some of the memo material can be released, such as their existence; however, Archey also states much of the memo content and sealed background material from the FBI must continue to remain sealed and redacted.

The FBI will file a further declaration on or before April 15, 2019, to explain why the remaining redactions to the Third Archey Declaration continue to be necessary. (page 2)

Within the filing we discover the lead FBI agent was David W. Archey (background here). Archey was selected by Robert Mueller when the special counsel took over the counterintelligence investigation from Special Agent Peter Strzok. According to ABC: “Agent David Archey is described by colleagues as a utility man of sorts within the FBI”. However, until now his exact role was not known.

Following the conclusion of the Mueller probe, David Archey was moved.  Effective March 8, 2019, Archey became head of the Richmond, VA, FBI field office. (link) Due to the corrupt nature of the special counsel, this is somewhat concerning. I digress…

The first three pages of the filing consist of David Archey explaining to the court that some of the material can be released, but other material must be withheld.  He then goes on to reference two prior sealed attachments outlined as “Exhibit A” and “Exhibit B”.

“Exhibit A” is a filing from the FBI on January 31st, 2018, essentially supporting an earlier “in camera ex parte declaration” requesting continuance of a prior court order to keep the background material sealed from public view.  In essence, the FBI didn’t want the public to know what was/is contained within the Comey memos (including the scale thereof).

“Exhibit B” is where the action is.

This is the original declaration outlining to the court on October 13th, 2017, why the Comey memos must be sealed.  It is inside this exhibit where we discover there are many more memos than previously understood, and the content of those memos is far more exhaustive because James Comey documented the FBI investigation.

In essence Comey created these memos to cover his ass. (pg 13):

FBI Agent Archey then goes on to explain what is inside the memos: It is in this section where we discover that Comey made notes of his meetings and conversations with investigators.

Along with writing notes of the meetings and conversations, apparently Comey also made notes of the sources and methods associated with the investigation.  Why would Comey generate classified information in these notes (sources and methods) unless he was just covering his ass because he knew the investigation itself was a risk…

The content of the memos seems rather exhaustive; it appears Comey is keeping a diary for use in the event this operation went sideways. (page #14, exhibit B)

(…) This is an October 2017 filing, Comey was fired May 9th. FBI Agent Archey is outlining Trump as the target who might adjust his testimony. Again, more evidence of the special counsel focus being motivated by the obstruction case they were hoping to build. [Reminder, Comey was still FBI director at the time these memos were written]

The next section gets to the heart of why the FBI wants to keep the Comey memos hidden and not released.

In this section Archey outlines how FBI Director James Comey wrote down who the sources were; what code-names were assigned; how those confidential sources engaged with FISA coverage initiated by the FBI; what foreign governments were assisting with their effort; and what the plans were for the investigation.”

(Read more: The Conservative Treehouse, 4/09/2019)

March 19, 2019 – Zainab Ahmad is leaving Mueller’s special counsel team

Zanaib Ahmad (Credit: Pari Dukovic/The New Yorker)

“A Justice Department official who worked on former National Security Adviser Michael Flynn’s case is leaving the special counsel’s office, a spokesman for Robert Mueller said Monday.

“Zainab Ahmad has concluded her detail with the Special Counsel’s Office but will continue to represent the office on specific pending matters that were assigned to her during her detail,” special counsel spokesman Peter Carr said in a statement, first reported by Yahoo! News.

(…) Ahmad and Weissmann recently came under scrutiny over their interactions during the 2016 campaign with Justice Department official Bruce Ohr.

It recently emerged that Ohr testified to Congress on Aug. 28, 2018, that he briefed Ahmed, Weissmann and FBI officials in September 2016 about his interactions with Christopher Steele, the former British spy who wrote the anti-Trump dossier.” (Read more: The Daily Caller, 3/19/2019)