Dreeben really screwed up going down that road. But I guess he secretly wants to be 007. And Mueller imagines himself that way too.



Me? I just want to be a Bond Girl. Hubba, hubba!

aggiehawg said:

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blindey said:

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Funny story about Frank Monroe - I was trained as a junior lawyer by Schinfeld alums. Work turned in with citations to the 9th Circuit/9th Circuit BAP was...to put it conservatively....not well received.

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Yeah. But if they were on point, you had to include them. Ye olde "majority view" versus the "minority view" thingy.

When the 9th was the only circuit to have ruled in a case on point, then you had a problem.

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Nah. I knew my audience. My judge, a boy scout, the other good judge, and the others that recused from everything big.

Would usually go like this: THE COURT: Mr. [blindey], I've read the 9th Circuit BAP opinion and I agree with your assessment that they obviously don't understand how joint ventures for offshore leases are financed. I'll just chalk the opinion up to casual amusement and we can move on to the heart of your motion."

Could this counterintelligence scheme between Rosenstein & Mueller have been so secretive that Sessions was completely unaware of it? Are there still that many black hats around in the DOJ/FBI that they could hide what was going on? Surely he had to be at least suspicious that underhanded activity was going on. Attorney client privilege, counterintelligence court hearings...

The only thing holding me back is the possibility that Sessions knows Rosenstein is a black hat and is going to be outed by the OIG, but I am even having serious doubts about that because it was only recently that Horowitz was requested to pursue FISA warrant irregularities. Maybe Sessions is in over his head...or he has the onset of Alzheimer's. (And I am entitled by age to suggest the latter because I am 6 years older than he is and have watched several of my friends go down that path.)

Yeah, I don't know what to make of Sessions? He's not a black hat but is/was maybe not the correct choice to be the AG. Yet who could have foreseen what the Dems and swamp were going to perpetrate? It's so far beyond the pale.

I want to see what happens once the IG report drops and his outside Federal Prosecutorial team acts. I'm hoping for the best and hope Sessions redeems himself. I do think he's a good man. I'm holding out that he will be the right man.

This is some dirty awful **** we are going through as a country. It would be difficult for anyone. I sense (perhaps foolishly) that we are very close to having this investigation turn and break-out in a much better and stronger direction. That's my hope, anyway. We shall see

So the bottom line is that Rosenstein has the authority to give Mueller UNLIMITED POWER AND AN UNLIMITED BUDGET IN ORDER TO DESTROY THE POTUS , NICE !!

All hopes for this case to "blow open" should temper themselves. When CNN and NPR start caving, you'll know that they have given up all hope of defending this pile of feces and will be trying a last minute effort to be on the side of public opinion as it swings away from them.

They (and others) have both gone all in, so for survival they have to "get him" one way or another. They are fighting for their survival and relevance. It isn't pretty now and will only get worse.

drcrinum said:

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https://theconservativetreehouse.com/2018/05/05/special-counsel-tells-federal-court-rosenstein-investigative-scope-was-detailed-in-super-secret-verbal-instructions/

Quote:

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Special Counsel Tells Federal Court Rosenstein Investigative Scope Was Detailed in Super-Secret Verbal Instructions

...On Page 32 of the transcript, while trying to specify how the initiating special counsel mandate has bearing upon a decades-old banking/tax case, U.S. Attorney Dreeben tells Judge Ellis the detailed instructions were delivered in person:

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Quote:

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Yeah, no.

The judge wasn't buying it, and neither are the American public.

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Quote:

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...Special Counsel Robert Mueller began his investigation of Russian interference and the possibility of Trump campaign collusion, right where the 2016 and 2017 FBI counterintelligence operation left-off. This is additionally supported by reviewing the original investigative instructions as outlined by Rod Rosenstein the day Robert Mueller was appointed as Special Counsel:

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Quote:

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The key phrase here is: "to serve as Special Counsel to oversee the previously-confirmed FBI investigation of Russian government efforts to influence the 2016 presidential election" Here, Rosenstein is clearly instructing Robert Mueller to pick-up the former Counterintelligence Investigation previously headed by FBI Asst. Director of Counterintelligence Bill Priestap, and his #2 FBI Agent Peter Strzok....

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I missed this earlier. It's right there in the original investigative instructions -- Mueller's authority to continue the previous FBI counterintelligence investigation. That can't be legal. Rosenstein gave Mueller 'unfettered power".

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"My decision is NOT a finding that crimes have been committed..."

Then where do you get off creating a Special Counsel with no crime? Shot yourself down literally right at the start Rozey...

Mueller stepped in it on this one. That Russian business whose attorneys showed up to fight back - well the attorneys are making discovery requests for everything, and asserting their right to a speedy trial. Judge just slapped Mueller's request to delay the arraignment.

Quote:

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On Friday, Mueller's prosecutors disclosed that Concord's attorneys, Eric Dubelier and Kate Seikaly, had made a slew of discovery requests demanding nonpublic details about the case and the investigation.

..,

In a blunt response Saturday morning, Concord's attorneys accused Mueller's team of ignoring the court's rules and suggesting a special procedure for the Russian firm without any supporting legal authority.

"Defendant voluntarily appeared through counsel as provided for in [federal rules], and further intends to enter a plea of not guilty. Defendant has not sought a limited appearance nor has it moved to quash the summons. As such, the briefing sought by the Special Counsel's motion is pettifoggery," Dubelier and Seikaly wrote.

The Concord lawyers said Mueller's attorneys were seeking "to usurp the scheduling authority of the Court" by waiting until Friday afternoon to try to delay a proceeding scheduled for next Wednesday. Dubelier and Seikaly complained that the special counsel's office has not replied at all to Concord's discovery requests. The lawyers, who work for Pittsburgh-based law firm Reed Smith, also signaled Concord intends to assert its speedy trial rights, putting more pressure on the special counsel's office to turn over records related to the case.

Friedrich, a Trump appointee based in Washington, sided with Concord and said the arraignment will proceed as scheduled Wednesday afternoon.

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https://www.politico.com/story/2018/05/04/mueller-russia-interference-election-case-delay-570627

Nunes was on Fox and Friends saying he'll start moving this week to hold Sessions in contempt. Something about a letter sent by Nunes and ignored.

I was driving and didn't catch it all, should be an interesting week.

Link:

sam callahan said:

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All hopes for this case to "blow open" should temper themselves. When CNN and NPR start caving, you'll know that they have given up all hope of defending this pile of feces and will be trying a last minute effort to be on the side of public opinion as it swings away from them.

They (and others) have both gone all in, so for survival they have to "get him" one way or another. They are fighting for their survival and relevance. It isn't pretty now and will only get worse.

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Well that's the difference in trying to gauge what's going on based on a corrupt media and just simply reviewing the court documents and reviewing the case evidence. The idiots in the media and the sheep that rely on them to think for them, are ignoring hard evidence and ignoring what three different federal judges are saying on the record in open court. I put a lot more stock in those judges that I do a lackey like Jeffery Toobin. But hey carry on holding out hope for a miracle to save the left. But they were harpooned Friday and Saturday, and are slowly bleeding out.

UncleNateFitch said:

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Mueller stepped in it on this one. That Russian business whose attorneys showed up to fight back - well the attorneys are making discovery requests for everything, and asserting their right to a speedy trial. Judge just slapped Mueller's request to delay the arraignment.

Quote:

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On Friday, Mueller's prosecutors disclosed that Concord's attorneys, Eric Dubelier and Kate Seikaly, had made a slew of discovery requests demanding nonpublic details about the case and the investigation.

..,

In a blunt response Saturday morning, Concord's attorneys accused Mueller's team of ignoring the court's rules and suggesting a special procedure for the Russian firm without any supporting legal authority.

"Defendant voluntarily appeared through counsel as provided for in [federal rules], and further intends to enter a plea of not guilty. Defendant has not sought a limited appearance nor has it moved to quash the summons. As such, the briefing sought by the Special Counsel's motion is pettifoggery," Dubelier and Seikaly wrote.

The Concord lawyers said Mueller's attorneys were seeking "to usurp the scheduling authority of the Court" by waiting until Friday afternoon to try to delay a proceeding scheduled for next Wednesday. Dubelier and Seikaly complained that the special counsel's office has not replied at all to Concord's discovery requests. The lawyers, who work for Pittsburgh-based law firm Reed Smith, also signaled Concord intends to assert its speedy trial rights, putting more pressure on the special counsel's office to turn over records related to the case.

Friedrich, a Trump appointee based in Washington, sided with Concord and said the arraignment will proceed as scheduled Wednesday afternoon.

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https://www.politico.com/story/2018/05/04/mueller-russia-interference-election-case-delay-570627

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Pettifoggery...that's fantastic.

Saw this in a tweet recently and thought it was great and would share:

*Don't react to news for 24-48 hrs
*Don't fear
*TDS is real
*Read diversely
*News fake, leaks real
*Skim article, anon sources = BS
*Be positive, find good & share
*Watch Actions Not Words
*All is well

drcrinum said:

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I missed this earlier. It's right there in the original investigative instructions -- Mueller's authority to continue the previous FBI counterintelligence investigation. That can't be legal. Rosenstein gave Mueller 'unfettered power".

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Per Rosenstein, May 17, 2017:

Quote:

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In my capacity as acting Attorney General, I determined that it is in the public interest for me to exercise my authority and appoint a Special Counsel to assume responsibility for this matter. My decision is not a finding that crimes have been committed or than any prosecution is warranted. I have made no such determination."

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Grounds for the appointment of a Special Counsel is governed by the Code of Regulations (CFR), Title 28, Chapter VI, Part 600, Section 600.1 as follows:

Quote:

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600.1 Grounds for appointing a Special Counsel.

The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and -

(a) That investigation or prosecution of that person or matter by a United States Attorney's Office or litigating Division of the Department of Justice would present a conflict of interest for the Department or other extraordinary circumstances; and

(b) That under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter.

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So the question; given Rosenstein's statement versus his legal authority per CFR 600.1 ... was Mueller's appointment legal? It would appear so since it wasn't challenged ... but it sure seems like a huge loophole. Partisan SC counterintelligence fishing expeditions apparently weren't anticipated when 600.1 was written in 1999.

Yeah I saw where Nunes was talking about holding Sessions in contempt. I have a very simple question for a very simple (non legal) mind: if referrals are made, whose gonna prosecute? We have Sessions and we have Rosenstein. Can't see it.

ccatag said:

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Yeah, I don't know what to make of Sessions? He's not a black hat but is/was maybe not the correct choice to be the AG.

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Sessions isn't a black hat, but unfortunately if he were, we would have the same result.

Rockdoc said:

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Yeah I saw where Nunes was talking about holding Sessions in contempt. I have a very simple question for a very simple (non legal) mind: if referrals are made, whose gonna prosecute? We have Sessions and we have Rosenstein. Can't see it.

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They don't have to be prosecuted. Either or both of them being held in contempt, is absolute grounds for immediate termination "for cause" and there be zero political fallout and in no way can be misconstrued to be obstruction of justice. Holder was held in criminal contempt and thumbed his nose because he new Barry would do nothing.

Problem with Henry Gibson is he's "no hat"

RoscoePColtrane said:

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Rockdoc said:

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Yeah I saw where Nunes was talking about holding Sessions in contempt. I have a very simple question for a very simple (non legal) mind: if referrals are made, whose gonna prosecute? We have Sessions and we have Rosenstein. Can't see it.

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They don't have to be prosecuted. Either or both of them being held in contempt, is absolute grounds for immediate termination "for cause" and there be zero political fallout and in no way can be misconstrued to be obstruction of justice. Holder was held in criminal contempt and thumbed his nose because he new Barry would do nothing.

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No, I meant who is going to do the prosecution of the bad actors (Comey, etc.). Seems we have nobody In the DOJ who will get this done.

Rockdoc said:

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RoscoePColtrane said:

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Rockdoc said:

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Yeah I saw where Nunes was talking about holding Sessions in contempt. I have a very simple question for a very simple (non legal) mind: if referrals are made, whose gonna prosecute? We have Sessions and we have Rosenstein. Can't see it.

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They don't have to be prosecuted. Either or both of them being held in contempt, is absolute grounds for immediate termination "for cause" and there be zero political fallout and in no way can be misconstrued to be obstruction of justice. Holder was held in criminal contempt and thumbed his nose because he new Barry would do nothing.

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No, I meant who is going to do the prosecution of the bad actors (Comey, etc.). Seems we have nobody In the DOJ who will get this done.

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Sessions has a outside Federal Prosecutorial team that has been in place since July or August of 2017.

I suspect the major hangup is the public revelation of what's hiding in Rosenstein's August 2 letter to Mueller: the ongoing continuation of a secretive counterintelligence investigation begun by the FBI/DOJ in October 2016. It's unfettered power -- surveillance of hundreds of people -- as Caputo said, they have everything -- and undoubtedly people such as Nunes were caught up in it because of Carter Page's testimony before the HPSCI. When this happens, Trump will be vindicated about being wiretapped as well. There will be an explosion...and Rosenstein will flee to the witness protection program. I'm not joking. He deserves to go before a military tribunal for treason after being tarred and feathered.

Rockdoc said:

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RoscoePColtrane said:

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Rockdoc said:

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Yeah I saw where Nunes was talking about holding Sessions in contempt. I have a very simple question for a very simple (non legal) mind: if referrals are made, whose gonna prosecute? We have Sessions and we have Rosenstein. Can't see it.

---

They don't have to be prosecuted. Either or both of them being held in contempt, is absolute grounds for immediate termination "for cause" and there be zero political fallout and in no way can be misconstrued to be obstruction of justice. Holder was held in criminal contempt and thumbed his nose because he new Barry would do nothing.

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No, I meant who is going to do the prosecution of the bad actors (Comey, etc.). Seems we have nobody In the DOJ who will get this done.

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Thus firing Session and Rosenstien, appointing someone who will do their job and problem solved. Jesse Panuccio is the AAG and will step into the acting AG until the new ones are appointed, and he is a solid lawyer.

RoscoePColtrane said:

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Rockdoc said:

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Yeah I saw where Nunes was talking about holding Sessions in contempt. I have a very simple question for a very simple (non legal) mind: if referrals are made, whose gonna prosecute? We have Sessions and we have Rosenstein. Can't see it.

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They don't have to be prosecuted. Either or both of them being held in contempt, is absolute grounds for immediate termination "for cause" and there be zero political fallout and in no way can be misconstrued to be obstruction of justice. Holder was held in criminal contempt and thumbed his nose because he new Barry would do nothing.

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Sessions is courtly, meaning he will take a contempt citation to heart and be wounded by it. I also have to think the revelations in court of the posture the Mueller investigation has taken have likely surprised the crap out of Sessions. Again, a failure on his part for allowing Rosenstein to arrogate so much power away from Sessions.

IOW, Sessions will wonder if he indeed is really up to the task of being AG if he can be so easily horn-swoggled by his closest deputy.

I'm watching Grassley and McConnell. If his former colleagues become as critical as Nunes, then Sessions resigns. If they remain silent, Sessions has assured them he's got things under control through the Huber/Horowitz angle.

So am I right to believe Mueller is basically the "shadow AG"? Seems sessions abdicated so Rosy gave all the power to Mueller.

Works out great for the shadow government and unless somebody steps up and stops it we're screwed.

aggiehawg said:

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IOW, Sessions will wonder if he indeed is really up to the task of being AG if he can be so easily horn-swoggled by his closest deputy.

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Bwhahha ... yesterday it was Pettifoggery and today it's hornswoggled. Monday's business lunch will be fun.

Just a fleeting thought here...let's say Sessions steps down. Who's on the short list of replacements that Trump could nominate AND get through a Senate confirmation? I don't think Sessions is stepping down, but what if?

I don't see a single democrat "yea" vote for ANYONE.

So it's likely we'd just have an "Acting Attorney General" from within for quite some time.

Even if sessions is replaced can the new person reign in Mueller? Is it as simple as rescinding the authorization letters or res coping with a new directive or has the train already left the station?

Cepe said:

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Even if sessions is replaced can the new person reign in Mueller? Is it as simple as rescinding the authorization letters or res coping with a new directive or has the train already left the station?

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A new guy wouldn't recuse himself, Mueller would get a new boss.

Cepe said:

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Even if sessions is replaced can the new person reign in Mueller? Is it as simple as rescinding the authorization letters or res coping with a new directive or has the train already left the station?

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They just fire him on the spot. He was illegally appointed by definition. No crime was committed to justify it, and even Rosenstein said it himself he saw nothing criminal and appointed one anyway.

Cepe said:

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Even if sessions is replaced can the new person reign in Mueller? Is it as simple as rescinding the authorization letters or res coping with a new directive or has the train already left the station?

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At this point it's looking like the Courts are going to reign in Mueller. He was apparently given the blanket authority to not only convene a grand jury and prosecute crimes not specified, he was also given the authority to fully use a counterterrorism investigation in order to find those crimes.

That shlt ain't gonna fly.

Quote:

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I don't see a single democrat "yea" vote for ANYONE.

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Grahamnesty? Maybe?

He'd be awful as AG but he'd get some Dem votes, I think.

Why not Trey Gowdy?

aggiehawg said:

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Quote:

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I don't see a single democrat "yea" vote for ANYONE.

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Grahamnesty? Maybe?

He'd be awful as AG but he'd get some Dem votes, I think.

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Ugh. Probably the only appointee that McCain would vote for.

Hawg what about Horowitz? Would he have to recuse from prosecuting everything he investigated?

RoscoePColtrane said:

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Cepe said:

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Even if sessions is replaced can the new person reign in Mueller? Is it as simple as rescinding the authorization letters or res coping with a new directive or has the train already left the station?

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They just fire him on the spot. He was illegally appointed by definition. No crime was committed to justify it, and even Rosenstein said it himself he saw nothing criminal and appointed one anyway.

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That is the most expedient way for sure but does that work politically? I think Trump would be hammered by the public no matter how justified he makes it.

It seems to date trump has stayed away from that solution because most of the electorate doesn't understand what's going on.

jjeffers1 said:

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aggiehawg said:

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Quote:

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I don't see a single democrat "yea" vote for ANYONE.

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Grahamnesty? Maybe?

He'd be awful as AG but he'd get some Dem votes, I think.

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Ugh. Probably the only appointee that McCain would vote for.

Hawg what about Horowitz? Would he have to recuse from prosecuting everything he investigated?

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The Dems absolutely loathe Horowitz by this time, he's brought this hell down on them.