At about the same time the FISA warrant was authorized to surveil Carter Page, someone in the FBI or DOJ leaked information about a FISA warrant in connection with the investigation of Russian bank activity between the server in Trump Tower. Since the FBI reopened the investigation into Hillary Clinton’s emails just 11 days before the 2016 election, this leak looks like an “insurance policy” to protect the FBI’s reputation by making sure that Mr. Trump did not win the election.
Politics
The Democrats Doth Protest Too Much, Methinks #NunesMemo
- Impacted national security
- Attacked the institutions of the Department of Justice and the FBI
- Destroyed the trust with intelligence agencies
I read the FISA memo and did not see where it impacted national security or attacked the Department of Justice and the FBI as institutions. Mr. Comey needs to look no farther than himself to find someone who leaked and destroyed trust with intelligence agencies. A broader condemnation can be made of the intelligence agencies for the numerous leaks made in October, November, and December of 2016. This is a period Mr. Comey was in charge of the FBI. Due to the information that was leaked, people in the DOJ and FBI involved with the investigation are the likely leakers. Although these leaks are serious issues, the abuses described in the memo are specific to certain individuals in the DOJ and FBI who intentionally misled the FISA court in October of 2016.
The Tyranny of Good Intentions
History reminds us that this is not the first time prosecutors have abused their postion for what they perceive is the common good. Here is a quote from a book published in 2000, The Tyranny of Good Intentions.
When a prosecutor is intent on a frame-up or the Justice Department on a cover-up, not even money and exposure can stop the process. In high-profile cases, clever prosecutors protect themselves by first convicting their victims in the media. With the public aroused against the victim, the prosecutor has a free hand.
Five Boneheaded Things I Hope The FBI Will Stop Doing #ReleaseTheMemo #NotGiveAWhitAboutPolitics #IfIOnlyKnew
I hope that releasing the memo will help the FBI and Department of Justice become the organizations that as Trey Gowdy said, “do not give a whit about politics“. To achieve that goal they have to stop doing boneheaded things. Borrowing from a Forbes article, 5 Boneheaded Ways Smart People Fail, here are some examples that might help them achieve that goal.
1. Several People In The FBI Thought They Were The Smartest Person In The Room.
Mr. Comey, Mr. McCabe, Mr. Stzrok, Mr. Ohr, and Ms. Page are all smart people but seem to be too self-absorbed to recognize how bad their actions look. As an example, Mr. Comey probably thinks he did the country a great favor by leaking information and forcing a special prosecutor to take over the investigation. While some people may approve of his actions, others will view his actions as those of a political hack using the FBI to crudely attack the President. When you look at the actions of these four people, it is impossible to rationalize this investigation as one that does not give a whit about politics. As Travis Bradberry said in the Forbes article,
Your chance of failure is heightened when you don’t care to know what other people think.
2. The FBI Management Surrounded Themselves With Yes-men and Yes-women.
It is hard for me to imagine how Fusion GPS and the Trump dossier could have been so influential within the Department of Justice without Yes-men and Yes-women.
3. Several People In The FBI Viewed Themselves As Untouchable.
Mr. Comey and Mr. McCabe come across as people who thought they were untouchable. Mr. Comey must have thought he was pretty special after keeping his job despite antagonizing both political parties with his extra-legal actions. Then he was shocked when President Trump fired him. I am still amazed that Mr. McCabe did not recuse himself from the Clinton investigation. A lot of Clinton money went to his wife’s political campaign. As Travis said,
These unrealistic expectations made failure inevitable. Leaders must continually question their positions, especially when they’re on top.
4. Several People In The FBI couldn’t tell where they stopped and the FBI began.
The best example of this Mr. Strzok comments about an “insurance plan”. Just do your job!
5. Several People In The FBI drove past red flags and warning signs.
I think the Top Secret FISA Court Order document obtained by Judicial Watch on May 23, 2017, shows that the FISA Court was livid at the FBI. By April 18, 2016, the FBI they knew that their FISA-702 “Queries” irregularities had triggered a full Compliance Audit by the NSA. That should have been a warning sign not to mess with the FISA court. The idea that people were pushing the Trump dossier within the Department of Justice should have been a red flag. Did the FBI use it to get a FISA warrant despite its origin? As Travis said,
Some leaders are so enamored with their personal visions that they’re willing to drive the company off of a cliff in pursuit of them. Many of these leaders solicit input and suggestions, but they just can’t take their feet off the gas. Persistence is a great quality in a leader but not if it means ignoring the facts.
Was The DNC Hack Set Up By Crowdstrike?
As an old IT guy, I keep wondering what Crowdstrike was doing during the DNC Hack? It looks like a Lifelock commercial. Here is the Crowdstrike timeline.
Crowdstrike Timeline
- In 2015 Crowdstrike knows that DNC information was transmitted to Russia.
- On April 29th, 2016, the DNC suspects they have been hacked.
- On May 4th, 2016, Crowdstrike installs “monitoring software”.
- On June 10th, 2016, Crowdstrike changes passwords at the DNC.
If Crowdstrike knew the DNC was hacked in 2015 and information was transmitted back to Russia, why did they install a security monitor in May 2016? Why did they wait until June to actually fix the problem? It looks like Crowdstrike set up the DNC network as a “bad” honeypot. Traditionally a honeypot consists of a network site that appears to be legitimate but is actually isolated, monitored, and contains non-vital data. Crowdstrike used the real DNC network as the lure. If Fusion GPS and Crowdstrike are the private contractors who had unsupervised access to raw FISA information on FBI systems, they had to know what the Russians were doing. Were their actions negligent, stupid, or an attempt to divert the attention from the damaging Podesta emails that the Russians were boasting about? Since the Podesta emails were far more damaging to the Clinton campaign, it looks like Crowdstrike felt it was more important to attribute the hack on the Russians than to protect the DNC data.
DNC Hack Timeline
Shades Of J. Edgar Hoover – #ReleaseTheMemo #Obamagate
The #FISA Collusion scandal reminds me of the tactics of J. Edgar Hoover. Wikipedia describes him this way.
He was found to have exceeded the jurisdiction of the FBI,[1] and to have used the FBI to harass political dissenters and activists, to amass secret files on political leaders,[2] and to collect evidence using illegal methods.[3] Hoover consequently amassed a great deal of power and was in a position to intimidate and threaten sitting presidents.[4]
Wow, doesn’t that sound familiar! Sara Carter says a classified report alleges extensive ‘FISA Abuse’ related to the controversial dossier. We already know from the Top Secret FISA Court Order that someone in the FBI allowed a private contractor run unsupervised “FISA-702 Queries”. These are tactics J. Edgar Hoover would approve of. Maybe we can save FISA by firing some people. A good first step is to #ReleaseTheMemo.
The Politicization Of The FBI Has Consequences, My Position On The Patriot Act Has Evolved
As a person who has been selected for three juries, I am puzzled at the staffing decisions by Mr. Mueller. As a juror, I do not want my time wasted by a prosecution’s case tainted with apparent bias. Bias is a pretty good reason for a juror to say no to the “beyond a reasonable doubt question”. If Mr. Mueller is pursuing the same blind justice that does give a whit about politics, Mr. Mueller’s staff must be beyond reproach. This is not rocket science.
Why did Mr. McCabe, Ms. Rhee, Mr. Ohr, Ms. Page, and Mr. Strzok not recuse themselves from this case?
Although Glenn Kessler makes a good argument that Mr. Mueller “is legally barred from discriminating career appointees based on political affiliation”, there is nothing prohibiting the aforementioned people from recusing themselves because of apparent bias. This would have been the right thing for them to do. Since Mr. Mueller replaced them without much effort we have to assume that qualified lawyers exist without the political baggage. Why not start off with them? Are there any adults at the Department of Justice? Is this the same culture of corruption problem we have seen at the Department of Justice for the last eight years?
If the Department of Justice cannot police themselves should we allow Section 702 of the Patriot Act to be renewed without substantial reform?
In the past, I was willing to believe the Department of Justice would do the right thing and not abuse the special privileges granted in the Patriot Act. My position on the Patriot Act has evolved. Last year I wondered whether the Fusion GPS Dossier Weaponize The FBI? I now believe that the primary motive for FISA warrant in October of 2016 was to discredit the Trump Campaign. The FISA warrant was not about catching spies or terrorists. It was about using the power of the government to punish a political opponent. If the folks at the Department of Justice cannot play nicely with these powers, we need some adults in the room to keep the kids out of trouble. Now is a good time to listen to Amash, Paul, and Others Trying to Stop Congress from Expanding Domestic Surveillance Powers.
Did The Fusion GPS Dossier Weaponize The FBI?
I am still trying to get my head around the possible impact of the dossier in getting FISA warrants. It looks like dossier weaponized the FBI for political purposes. Almost immediately after a FISA warrant was attained to wiretap the Trump Tower in October of 2016, it was disclosed to Louise Mensch. The FBI had a history of integrity but the timing of this leak was so out of character. Now their integrity looks in peril. As I argued in the post, The #Obamagate Motive, it looks the primary objective of the FISA warrant was to discredit the Trump Campaign. In hindsight, it made the FISA court judges like a bunch of fools. This is not going to end well for the FBI!
Can Anyone Make The FBI Look Professional Again?
If the dossier played any role in the FISA warrants, I am not sure all the kings men can put Humpty Dumpty back together again. Director Comey and the FBI shredded the integrity of the FBI and for what? How does anyone including the FISA judges trust the FBI again? The fact that the dossier was funded by the Democratic party shows how far the FBI reputation has fallen. The FBI should have known who funded the dossier. Investigating is something the FBI is supposed to be good at. I would think that the last thing the FBI wanted on their resume was that they acquired any FISA warrant based on Democratic Party funded opposition research. If the dossier is all the FBI had, It makes the case that President Trump did the right thing in firing Director Comey. The fact that the dossier was circulated in the government is an embarrassment to the FBI and a source of amusement for the Kremlin. I am sorry but I am not sure anyone can make the FBI look professional again.
Fact Checking The Hoopla Over The Violence of Lies Ad
Once again I find myself fact checking an ad. What I found most interesting was the hoopla surrounding the Violence of Lies ad. Here is what I found out.
The Ad Does Not Encourage Violence – True
I watched the ad for the first time today. It was hard hitting but advocating “to fight this violence of lies with the clenched fist of truth” hardly encourages violence like:
- Madonna’s thought of blowing up the White House
- Kathy Giffin’s depiction of a beheaded President
- Shakespeare in the Park depiction of President Trump being assassinated
Only in America is the “clenched fist of truth” more violent than a beheading.
Dana Loesch Says The Ad First Aired In April – True
Surprisingly this ad first aired in April and had 17 national airings. The NRA ads are well done and some of them are memorable. I do not remember this ad. Why the big fuss over this ad two months after its initial airing? If this is an NRA publicity stunt, the Democrats fell for it. Here is a nice synopsis of the hoopla over the ad.
Life Immitates Hate Art, Steve Scalise Is The First Casualty
The Democrats bargain with the Devil has finally paid out. The more you try to justify Kathy Griffin’s beheading of President Trump as just “a bad joke”, the more you encourage hate art. It was just a matter of time before this “bad joke” or a stabbing of Trump results in bloodshed.
The #SethRich Story Is Boiling Over
The number of stories about the Seth Rich murder is peaking. I think the frustration over the Seth Rich murder is best explained by this quote from the Counterpunch article, “Seth Rich, Craig Murray and the Sinister Stewards of the National Security State“.
Why is it a “conspiracy theory” to think that a disgruntled Democratic National Committee staffer gave WikiLeaks the DNC emails, but not a conspiracy theory to think the emails were provided by Russia?
Why?
Which is the more likely scenario: That a frustrated employee leaked damaging emails to embarrass his bosses or a that foreign government hacked DNC computers for some still-unknown reason?
That’s a no-brainer, isn’t it?
The Washington Post is trying its best to write it off as a conspiracy theory. Recently two people gave the conspiracy pot a big stir. Kim Dotcom says he knows that Mr. Rich leaked the DNC emails to Wikileaks and a surgeon is raising questions about Mr. Richs treatment at the hospital. Since I believe that the simplest answer is probably correct, let’s look at some of the theories on Seth Rich’s murder.
The “Robbery Gone Bad” Theory
The “robbery gone bad” theory is the most popular explanation of his death. The problems with this theory are that nothing was stolen, it occurred at 4 am, and he was shot twice in the back. This looks like an unusual time for a professional or even a novice robber to be practicing their craft on the street. If you are a robber who is up at 4 am, you are probably trying to break into a house or to steal a car. A robber knows the difference between robbery and murder. Shooting someone in the back does not look like a robbery victim. Shooting someone in the back when they are trying to flee is an act of passion. The biggest problems with this scenario are why was he shot twice without a kill shot and where are the shell casings. The only reason to shoot him more than once is to make sure he does not testify. Shooting an unarmed man once can be explained as an unintended consequence of a fight. Shooting an unarmed man twice is a strong case for murder. A criminal would know this. Did the police find fingerprints on the shell casings and did they run the prints? A criminal would probably have their fingerprints in the system already.
The “Seth was assassinated” Theory
The “Seth was assassinated” theory explains the fact that nothing was stolen and the time of the shooting. There was nothing professional about this murder. Only an amateur would have left Seth alive.
The “Angry Person” Theory
A more likely scenario is that Mr. Rich got into a heated argument with a person on the street and when Mr. Rich tried to leave the fight he was shot in the back. This could be almost anyone walking the streets at 4 am with an emotional problem. The problem with this theory is imagining Mr. Rich talking with any person at 4 am. An intriguing possibility is that a person associated with the DNC found out that Mr. Rich was leaking emails to Wikileaks and went to confront him. Although this person may have been angry, they did not plan to kill him. The only person I can imagine Mr. Rich would allow getting close to him at 4 am is someone he knew. When the argument became violent and Mr. Rich tried to leave, it was in the heat of the moment that he was shot twice in the back. If you believe this theory then the list of suspects is small and this case should have been tied up before the election last year. Oops!