Quote:

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Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer

Shall be fined under this title or imprisoned not more than ten years, or both.

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I will readily admit to being ignorant of the totality of the Comey memos, but what in them "relates to the national defense"? Being classified does not necessarily meet that standard.

As maddening as it is, the rules Comey broke were just that, rules, not laws. The penalties for breaking these policies all imagine a person that is still employed that can be punished in some way up to firing. Comey is gone. He's out of reach of the government for purposes of breaking policy.

That said, any reading of this as "well he's not getting prosecuted so he's exonerated" is ridiculously stupid.

Quote:

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I will readily admit to being ignorant of the totality of the Comey memos, but what in them "relates to the national defense"? Being classified does not necessarily meet that standard.

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That's the 64,000 dollar question, since the DOJ is fighting like hell to keep them out of the light of day. Even a summary of what they contain cannot be drafted in such a way as to not also be classified. (The "Archey Declarations".)

CNN has been fighting in federal court over a FOIA request for quite some time now. DOJ has thus far successfully delayed complying with the FOIA.

Page 900! Congrats to all you regular contributors that continue to make this a great thread.

Department of Justice.
Ministry of Truth.

Orwell is laughing his ass off at us right now.

I laugh at people who don't heed the warnings I give them, but then again, I'm a sadist.

I still like the comment of "brain eating amoebas are starving to death on Earth".

RiskManager93 said:

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I laugh at people who don't heed the warnings I give them, but then again, I'm a sadist.

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What warning was this?

The federal government is so f***ing lost, it's unbelievable..

Amen

Aggiehawg...you go girl! I'll tote your luggage AND open the doors.

aggiehawg said:

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flakrat said:

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The federal government is so f***ing lost, it's unbelievable..

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Yeah.

When people talk about the rank and file FBI still being solid? Not a chance in hell unless there are a ton of whistle blowers that we don't know about. That's highly unlikely.

The FBI has also become the enemy of the people. I take no pleasure in stating that but the fact is clear, that NO ONE STEPPED UP TO STOP THAT CRAP!!!!!!

Not one of the rank and file. They were either incompetent, lazy, political or corrupt.

My bet is incompetent and political, which means corrupt because they have refused to do their jobs.

Not one damn whistle blower. When the police stop enforcing the law, there is no law.

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Love me some Billy Jack

Okay, the sun is up, and I should have heeded my own 24-48 hour rule.

My initial thoughts are still valid, but taking a broader view, there does appear to be some light over the horizon. Not being used to reading, or paying attention to, OIG reports (never gave a damn), I've decided that they're all bland, extremely fact based, and boring. The one yesterday, which was only a partial report, was quite lively for an OIG report.

Yes, I still agree with most posters here, but realized last night what a blistering indictment (no pun intended) the FBI got last night. Unfortunately, I don't trust a single employee of that agency. But, I've added that to State, and DOJ. I strongly suspect most Republicans/conservatives are in the same boat.

Since I have little alternative, I'm going to take a reasonably optimistic view, and hope for the best.

I can't say the same for our new offensive line coach, and the offensive line. Fisher is a run first coach, and will be in big trouble if we don't perform better.

fasthorses05 said:

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Since I have little alternative, I'm going to take a reasonably optimistic view, and hope for the best.

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Good perspective. IG's primarily report on dept policy violations and only occasionally refer a crime.

Interesting comments.
Never heard of Viet Dinh.

Meanwhile, in the Flynn case, Flynn's cooperation is complete but defense lawyers need more time before sentencing, claiming the government still hasn't given them security clearances, nor provided possible Brady material (exculpatory info). Request for a 90 day continuance.

Here is the pleading.
LINK

aggiehawg said:

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Meanwhile, in the Flynn case, Flynn's cooperation is complete but defense lawyers need more time before sentencing, claiming the government still hasn't given them security clearances, nor provided possible Brady material (exculpatory info). Request for a 90 day continuance.

Here is the pleading.
LINK

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So is it incompetence, or are they still hoping that Flynn will eventually give them something on Trump?

Rapier108 said:

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aggiehawg said:

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Meanwhile, in the Flynn case, Flynn's cooperation is complete but defense lawyers need more time before sentencing, claiming the government still hasn't given them security clearances, nor provided possible Brady material (exculpatory info). Request for a 90 day continuance.

Here is the pleading.
LINK

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So is it incompetence, or are they still hoping that Flynn will eventually give them something on Trump?

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Last I checked, Brandon Van Grack, Mueller team member, was still on the prosecution team here. My guess is a personal grudge or attempts to cover his own ass.

I'd be willing to bet there's been some conversation between McCabe and Van Grack in the last year, or two.

McCabe seems to be a VERY vengeful guy. He had to perfect job to enact retribution over perceived slights.

Also, yesterday judge ruled against the House Ways and Means Committee's motions to expedite and for summary judgment in Trump's tax return case against the IRS. That case will continue for a long time as the harassment by the House continues.

Here's the memo and order. LINK

Back to Flynn. Still something hinky happening with the prosecution. They still haven't produced the Flynn 302? The one McCabe had a hand in drafting? Nor transcripts of the Kislyak call? If those aren't Brady materials in this case, I don't know what is. How much longer is Judge Sullivan going to tolerate that crap?

Quote:

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In the new filing, his attorneys took aim at the government, accusing prosecutors of withholding the original draft of the FBI's first interview with Flynn in January 2017 as well as transcripts or recordings of Flynn's phone call with the Russian ambassador that underpinned his case.

They argued they need clearances to review material from the Defense Intelligence Agency related to Flynn's briefings with the agency about his foreign contacts and travel, including what is most likely "Brady material," or evidence that is material to the determination of a defendant's guilt.

And they argued they should have access to classified material underpinning forthcoming reports from the Justice Department inspector general related to the Russia investigation.

"Our attempts to resolve that issue with the government have come to a dead end, thus requiring the intervention of this Court," the defense attorneys wrote.

Prosecutors, meanwhile, said they had "exceeded" their discovery obligations in Flynn's case, noting that a defendant and his or her attorneys in a criminal prosecution can only obtain access to classified information if it is deemed to be "relevant" and "helpful to the defense."

They wrote that they have provided no classified information to Flynn or his attorneys new or old -- and that they were not aware of any classified material that would require disclosure to Flynn under Brady v. Maryland, a landmark Supreme Court case establishing that prosecutors must turn over all evidence that is material to the guilt or innocence of a defendant.

---

The Hill

That alone should send red flags up for anyone that's paying attention that something screwy is going on.

Therefore, the MSM will ignore it, and their willful idiots will never know about it.

MooreTrucker said:

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That alone should send red flags up for anyone that's paying attention that something screwy is going on.

Therefore, the MSM will ignore it, and their willful idiots will never know about it.

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I cannot imagine why Flynn's previous attorneys ever advised him to plead guilty without seeing the 302 and read the transcripts of every call he had with Kisylak.

Oh wait...I know why because his lawyers were more concerned about covering their own butts on the FARA charges.

Wait....there's more to ponder.

Everyone who made changes to the 302? From Strzok/Page texts we know McCabe had a hand in the Flynn 302.

Maybe it is McCabe's actions regarding the Flynn 302 that is the basis for a possible indictment?

aggiehawg said:

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Everyone who made changes to the 302? From Strzok/Page texts we know McCabe had a hand in the Flynn 302.

Maybe it is McCabe's actions regarding the Flynn 302 that is the basis for a possible indictment?

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That seems to be the obvious conclusion. Nothing about Flynn's indictment makes much sense without a clear motivation by McCabe to extract an indictment of Flynn by any means.

VaultingChemist said:

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aggiehawg said:

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Everyone who made changes to the 302? From Strzok/Page texts we know McCabe had a hand in the Flynn 302.

Maybe it is McCabe's actions regarding the Flynn 302 that is the basis for a possible indictment?

---

That seems to be the obvious conclusion. Nothing about Flynn's indictment makes much sense without a clear motivation by McCabe to extract an indictment of Flynn by any means.

---

Maybe McCabe also altered the transcript? I'm not sure how he could do that without being detected, however.

But since there was no recording and only Pientka's written notes from the Flynn interviews, McCabe could have altered the 302 to make it appear Flynn lied when he didn't.

Pientka was on Team Mueller and thus shielded from being questioned during the investigation. But Horowitz and Durham can question him after the investigation ended.

ETA: It would be poetic justice if McCabe was indicted for setting up Flynn.

aggiehawg said:

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Back to Flynn. Still something hinky happening with the prosecution. They still haven't produced the Flynn 302? The one McCabe had a hand in drafting? Nor transcripts of the Kislyak call? If those aren't Brady materials in this case, I don't know what is. How much longer is Judge Sullivan going to tolerate that crap?

Quote:

---

In the new filing, his attorneys took aim at the government, accusing prosecutors of withholding the original draft of the FBI's first interview with Flynn in January 2017 as well as transcripts or recordings of Flynn's phone call with the Russian ambassador that underpinned his case.

They argued they need clearances to review material from the Defense Intelligence Agency related to Flynn's briefings with the agency about his foreign contacts and travel, including what is most likely "Brady material," or evidence that is material to the determination of a defendant's guilt.

And they argued they should have access to classified material underpinning forthcoming reports from the Justice Department inspector general related to the Russia investigation.

"Our attempts to resolve that issue with the government have come to a dead end, thus requiring the intervention of this Court," the defense attorneys wrote.

Prosecutors, meanwhile, said they had "exceeded" their discovery obligations in Flynn's case, noting that a defendant and his or her attorneys in a criminal prosecution can only obtain access to classified information if it is deemed to be "relevant" and "helpful to the defense."

They wrote that they have provided no classified information to Flynn or his attorneys new or old -- and that they were not aware of any classified material that would require disclosure to Flynn under Brady v. Maryland, a landmark Supreme Court case establishing that prosecutors must turn over all evidence that is material to the guilt or innocence of a defendant.

---

The Hill

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The 302 and the transcript are the linchpins of the whole case. How can they tell the court with a straight face they shouldn't have to provide it?

https://thehill.com/opinion/white-house/459379-the-worst-is-still-to-come-for-jim-comey