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Another Horowitz hearing, overshadowed by impeachment theater

The New Neo Posted on December 19, 2019 by neoDecember 19, 2019

Yesterday Horowitz testified again, and said much the same thing as before:

Sen. Josh Hawley, R-Mo., was blunt in trying to get to the bottom of what happened during Wednesday’s Senate Homeland Security and Governmental Affairs Committee hearing.

“Were they [the FBI] just all incompetent?” he asked. Hawley then noted that due to the complexities involved, “it doesn’t sound like they’re very stupid to me.”

Hawley ultimately asked why the members of the FBI would commit such failures to mislead a court multiple times.

“That was precisely the concern we had,” Horowitz said. The inspector general made clear that he did not reach any conclusions regarding intent, but he did not necessarily accept the reasons people gave him during his investigation.

“There are so many errors, we couldn’t reach a conclusion or make a determination on what motivated those failures other than we did not credit what we lay out here were the explanations we got,” Horowitz said.

This echoed what Horowitz said in his opening statement, where he made clear that “although we did not find documentary or testimonial evidence of intentional misconduct, we also did not receive satisfactory explanations for the errors or the missing information and the failures that occurred.”…

“We could not prove [FBI bias]. We lay out here what we can,” Horowitz [said].

More here:

Justice Department Inspector General Michael Horowitz clarified Wednesday that his investigation into the FBI’s FISA abuses “did not reach” the conclusion that the bureau was unaffected by political bias during its 2016 Russia investigation.

Following the release of the report, Democrats and former FBI officials were quick to point to Horowitz’s statement that he “did not find documentary or testimonial evidence” of political bias in the opening of Crossfire Hurricane, arguing that the statement proved President Trump’s claims of a politically-motivated “witch hunt” were false.

The Democrats know better, especially the lawyers among them. They know exactly what Horowitz was saying, and they know that the absence of evidence is not evidence of absence. They just hope you don’t know better, and that you will swallow the swill they dish out.

The inspector general also said during testimony that his team was looking further into whether the FBI’s “basic errors” in the case were potentially systemic.

When the errors all go in one direction, how could they not be?

Perhaps “systemic” means “present in investigations that don’t concern Donald Trump and his aides and advisors.” I suppose it’s possible that the FBI is riddled with such “errors,” and that the incompetence level there is so very high that they really are errors. I also think it’s possible these “errors” only affected Crossfire Hurricane. But there’s still a third possibility, which is that there are many cases with such “errors,” and that they all represent purposeful actions on the part of agents with the intent of framing targets, some for political reasons and some for other reasons.

Posted in Law, Politics | Tagged FBI, Russiagate | 7 Replies

Who is more disgraced, Trump or the Democrats in the House?

The New Neo Posted on December 19, 2019 by neoDecember 19, 2019

I know my answer: the Democrats in the House are completely disgraced.

The Democrats and the MSM would of course say: Trump. But they feel that Trump is continually disgracing himself.

Or, at least they’d like you to think that. What do they really feel, in their heart of hearts? I don’t know for sure, but I doubt they’re feeling as great right now as they expected to. Now the Senate stands in their way.

Pelosi’s ploy to control the Senate as well as her caucus in the House (by delaying sending the impeachment articles to the Senate) seems to be falling on deaf ears, and Mitch McConnell appears to actually be having some fun with it and getting in some rather pointed barbs:

McConnell will say those articles are “fundamentally unlike any articles that any prior House of Representatives has ever passed” and the idea Democrats will withhold the articles suggests “House Democrats may be too afraid to even transmit their shoddy work product to the Senate.”

Trump himself is getting in his digs:

I got Impeached last night without one Republican vote being cast with the Do Nothing Dems on their continuation of the greatest Witch Hunt in American history. Now the Do Nothing Party want to Do Nothing with the Articles & not deliver them to the Senate, but it’s Senate’s call!

— Donald J. Trump (@realDonaldTrump) December 19, 2019

Now, you might say this is all play-acting, and that the Republicans are actually devastated. But I don’t think so. For now at least, impeachment seems to be acting like a boomerang that’s on its way back towards the Democrats’ themselves.

Posted in Politics, Trump | Tagged impeachment | 17 Replies

Watch Nancy Pelosi’s facial expression…

The New Neo Posted on December 18, 2019 by neoDecember 19, 2019

…as she announces adoption of the first article of impeachment.

First there’s a secret smile of glee, like the cat that swallowed the canary. It’s very fleeting, though; she suppresses it almost instantaneously. Then immediately, after putting on a stern face, she “shushes” the Democrats in schoolmarmy fashion in order to make sure they can’t be accused of celebrating.

The rapid change of Pelosi’s expressions occurs over a period of about three seconds, between 3:33:54 and 3:33:57 (NOTE: they changed the video after I posted that, so now it’s at 11:34:07 to 11:34:10). I’ve cued it up to show the passage (it helps to change the settings to slow down the speed and also to make it full screen):

And now Pelosi says that she’s thinking about not sending the approved articles to the Senate at this point. Fascinating. Does she really think US voters will be impressed by the theatrical production she’s been directing?:

Voicing concern about Senate Majority Leader Mitch McConnell’s willingness to hold a fair trial, Pelosi announced for the first time that she might not, in fact, be in a rush to send the articles of impeachment over to the Senate. She said instead she wanted to hear more about how the Senate planned to conduct the trial first.

I think she’s already heard, though. McConnell has already said that he’ll be okay with doing it the way it was done – with bipartisan approval – during Bill Clinton’s trial:

“Back in 1999, all 100 senators agreed on a simple pre-trial resolution that set up a briefing, opening arguments, senators questions, and a vote on a motion to dismiss,” McConnell described.

“I’ve hoped and still hope that the Democratic Leader and I can sit down and reproduce that unanimous bipartisan agreement this time,” McConnell said. “His decision to try to angrily negotiate through the press is unfortunate.”

“But no amount of bluster will change the simple fact that we already have a unanimous bipartisan precedent. If 100 senators thought this approach is good enough for President Clinton, it ought to be good enough for President Trump,” McConnell said.

“I hope House Democrats see reason and pull back from the precipice, but if they proceed, I hope the Democratic Leader and I can sit down soon and honor the template that was unanimously agreed to the last time,” he added.

[NOTE: I didn’t want to ignore today’s Horowitz hearing, but as I said earlier there was a lot of news happening. I hope to take it up tomorrow.]

Posted in Politics | Tagged impeachment, Nancy Pelosi | 76 Replies

The impeachment vote: the only news was the numbers

The New Neo Posted on December 18, 2019 by neoDecember 18, 2019

As predicted, the House voted “aye” on its two articles of impeachment.

I was a bit surprised at the totals for one reason only: I thought the perhaps Pelosi would allow more of the Democrats in Trump districts to vote “nay.” I guess she decided it was more important to present a somewhat united front than to protect those seats.

So here were the totals – and as predicted, the only bipartisanship was against impeachment:

The vote total on the abuse-of-power count was 230-197, with Hawaii Democratic Rep. Tulsi Gabbard voting present. The obstruction vote total was 229-198, with Gabbard also voting present on that count too. In a statement, Gabbard called for a censure resolution instead of impeachment, saying, “My vote today is a vote for much needed reconciliation and hope that together we can heal our country.”

“I also could not in good conscience vote for impeachment because removal of a sitting President must not be the culmination of a partisan process, fueled by tribal animosities that have so gravely divided our country,” Gabbard said. “When I cast my vote in support of the impeachment inquiry nearly three months ago, I said that in order to maintain the integrity of this solemn undertaking, it must not be a partisan endeavor. Tragically, that’s what it has been.”…

Democratic Reps. Jeff Van Drew of New Jersey and Collin Peterson of Minnesota opposed the abuse-of-power count, and also opposed the obstruction charge. Peterson represents a district that Trump carried in 2016 by an eye-popping 31 points.

First-term Maine Democratic Rep. Jared Golden, who flipped a GOP seat in 2018, voted yea on abuse of power count, but voted no on the obstruction-of-Congress count. Trump also carried Golden’s district in 2016.

Jeff van Drew is counted as a Democrat but is supposedly becoming a Republican. The Independent who voted “aye” is Justin Amash, who used to be a Republican.

A sad day for America, but probably not a bad one for Trump.

And I continue to wonder who the Democrats think their simulated regret is going to convince.

Posted in Politics, Trump | Tagged impeachment | 18 Replies

Brit Hume gives his colleagues in the media a professional courtesy they don’t deserve

The New Neo Posted on December 18, 2019 by neoDecember 18, 2019

Brit Hume ponders:

Asked about Schiff’s comments, Hume replied, “What he says flies in the face, of course, of the IG report but it also flies in the face of the much derided Devin Nunes memo that grew out of the Nunes-led House Intelligence Committee investigation…and the whole Trump-Russia affair.” He added, “For Schiff now to claim, when he not only saw what Nunes said but published a memo of his own rebutting it, that he didn’t know about those abuses is preposterous!”…

“Do you think he’ll get called on the carpet by anybody who has been following this story for two years?” Bream asked.

“Well, one of the wonders, to me, of modern media is the failure of my colleagues in this business to see through this guy Schiff,” Hume said. “He has been dishonest repeatedly. He made extravagant claims about the amount of evidence he had of Russia collusion, evidence that it turned out that not even the Mueller team with all of its investigative powers did not discover and that he, Schiff, never specified. Of course the report came out and basically blew up this whole Russia collusion theory.

“Now comes this whole question of FISA abuse and he’s still telling whoppers about that. It’s amazing that he isn’t called out.

I don’t think Hume really considers that his colleagues “fail to see through” Schiff. He’s basically calling them fools rather than knaves, but I think he actually knows what’s going on. He’s just too polite to say it.

The vast majority of the members of the MSM are not reporters or journalists or truth-seekers. They are propagandists for the left. They went into journalism to spread the partisan word, and they are adept at pushing and giving credence to whatever they think will help the cause, whether it’s true or not, and ignoring or trying to discredit that which doesn’t help the cause, whether it’s true or not. If they push something that turns out to be untrue and are exposed as having supported a liar, they are as loathe to admit it as the liar is. They usually just go on to focus on the next propaganda point.

Posted in Press | 12 Replies

Part II of Comey fisking postponed till tomorrow

The New Neo Posted on December 18, 2019 by neoDecember 18, 2019

Sorry for the postponement, but there’s too much other news today.

Posted in Uncategorized | 13 Replies

Judge in Flynn case accuses Flynn’s lawyer

The New Neo Posted on December 18, 2019 by neoDecember 18, 2019

From the intrepid Jonathan Turley:

It is bad enough when a judge refuses to let out your client from a plea deal but it is worse when he then suggests that his lawyer is a plagiarist to boot. That however is what former National Security Adviser Michael Flynn and his counsel, Sidney Powell, faced in the 92 page order of U.S. District Court Judge Emmet Sullivan…

[The following quotes are from Sullivan’s order.]

“In a footnote, Mr. Flynn’s brief merely provides a hyperlink to the “excellent briefing by Amicus [sic] in support of the Petition for Writ of Certiorari in Brown v. United States.” Def.’s Br., ECF No. 109 at 16 n.22.

“The District of Columbia Rules of Professional Conduct apply to the proceedings in this Court. See LCrR 57.26. Rule8.4(c) provides that “[i]t is professional misconduct for a lawyer to . . . [e]ngage in conduct involving dishonesty, fraud, deceit, or misrepresentation.” D.C. Rules of Prof’l Conduct R.8.4(c); see In re Ayeni, 822 A.2d 420, 421 (D.C. 2003) (per curiam) (lawyer’s plagiarized brief violated Rule 8.4(c)).“[C]itation to authority is absolutely required when language is borrowed.”United States v. Bowen, 194 F. App’x 393, 402 n.3(6th Cir. 2006);accordLCrR 47(a). “The [C]ourt expects counsel to fully comply with this [C]ourt’s rules and submit work product befitting of pleadings [and briefs] in a federal court.”Kilburn v. Republic of Iran, 441 F. Supp. 2d 74, 77 n.2 (D.D.C.2006).”

[End of Sullivan quote; back to Turley.]

Wait. Powell cited and had a hyperlink to the source of that material, but it warrants a section accusing her of plagiarism and ethical violations?…

Powell says that “the plagiarism accusation makes no sense.” She maintains that she used her own prior briefings and a brief written by a friend who was in fact cited.

There appears to be some sort of intense animosity that Sullivan feels towards Powell. As Paul Mirengoff of Powerline writes:

But in the electronic age, the hyperlink is attribution. The source of Powell’s language was there for anyone to see with just one click.

Powell clearly wasn’t trying to deceive anyone into thinking that the language originated with her. Even if one believes she should have made the attribution on the face of her brief rather then through a hyperlink, Sullivan’s suggestion that she “engage[d] in conduct involving dishonesty, fraud, deceit, or misrepresentation” is ludicrous.

…Sullivan’s accusation…smacks of personal hostility.

Hard to come to any other conclusion.

Posted in Law | 8 Replies

It’s impeachment-lite time

The New Neo Posted on December 18, 2019 by neoDecember 18, 2019

Some coverage here as well as here.

Pelosi quote of the day; “He gave us no choice.”

That’s funny on a lot of levels. First there’s the obvious one, which is Pelosi’s fake pose (probably perceived even by impeachment supporters to be fake) that her reluctant hand was forced by Trump and his terrible terrible activities (like, for example, drawing breath as president).

But the only-slightly-less-obvious reason it’s funny is that it is true, because by doing well as president, and gaining support rather than losing it, Trump has put the fear into the Democrats that they won’t be able to find anyone to beat him in the 2020 election. And if they can’t beat him, the specter of four more years of Trump as president fills them with such dread and fulminating hatred that their only alternative, as they see it, is to impeach him.

So in a sense it is true that he gave them no choice.

One question is: why would Pelosi put her vulnerable representatives from Trump-friendly districts at such risk? After all, Trump won’t be removed. Doesn’t impeachment put her majority at risk, too, if Democrats end up losing those seats? She does have the choice of allowing enough of them to vote against impeachment to give her a chance of preserving that majority in 2020, I suppose, although it would be very risky for 2020 (and it would also make the impeachment margin very small as well as bipartisan only for “nay”).

But I think there’s another reason. These Democrats must vote to impeach, or they face primary challenges from their extreme left wing in 2020. Isn’t that how AOC got elected, through a primary challenge against a guy who’d been in office for ages? The representatives from swing districts may be in a lose/lose position. If they vote for impeachment, they lose moderate support. If they vote against it, they get primaried by the left, perhaps successfully, and then not only do they lose their seats but the Democrats may lose those seats because the majority of voters in each of these districts won’t support far left candidates.

Posted in Election 2020, Politics | Tagged impeachment | 19 Replies

The FISA court comes out of the closet

The New Neo Posted on December 18, 2019 by neoDecember 18, 2019

Or the woodwork. Or the shadows. Or wherever they usually hide and do their secretive business.

Ever since the FISA application abuse by the FBI surfaced – and I’m talking about long before the Horowitz report, back during the days of the dueling Nunes and Schiff reports – people on the right kept asking: where are the FISA judges? Why aren’t they speaking out about this egregious deception wrought on them?

Well, one reason is that they rarely speak out. Another, I suppose, is that they were waiting for the official word, and Horowitz’s report and testimony is the official word.

And so they give the FBI a tongue-lashing, the full text of which can be found here. Judge Rosemary Collyer is the author:

It makes it clear that the FISA judges don’t like being lied to:

The court is demanding that there be reforms and giving the FBI until January 10 to propose how they intend to correct the issues and stop the abuse.

The court explained how, in order to get such a warrant, the FBI has to show probable cause that the person in question to be surveilled is an agent of a foreign power, not just “based on activities protected by the First Amendment.” The court notes that the FBI has to swear to the truth of the facts submitted.

The court noted its role is to act as a check on the executive branch/FBI possible misuse of power and to protect Americans’ Fourth Amendment rights, and because these are “ex parte” proceedings (meaning only the FBI or the surveilling party, not the surveilled is involved), it’s all the more important that the FBI adhere to their duty of “candor.”

I guess that’s a stern set of demands, according to the FISA judges. But to me and many others it seems highly inadequate. The entire structure of the FISA court – secretive, and without a chance for the target to defend his/herself – seems ripe for abuse. And if a system that exerts enormous power depends on the utter integrity of its participants and is performed in secret (which describes the FISA process), then watch out. That system will be abused.

I’m with Gregg Jarrett on this:

Posted in Law, Politics | Tagged FBI, FISA, Russiagate | 23 Replies

Comey: what did I know? I was just the FBI director [Part 1]

The New Neo Posted on December 17, 2019 by neoDecember 19, 2019

[NOTE: I’ll probably post Part 2 tomorrow.]

The interview Comey gave to Chris Wallace on Sunday was a study in evasion and deception. I could take it sentence by sentence and spend many hours analyzing each one, but I’m not going to do that. I’m probably giving it more time than it deserves to even write this post, but Comey engenders a kind of repugnance and yet fascination in me, and his interview just cries out for a fisking.

You can follow along. Here’s the transcript, and here’s the video.

First, a word about Chris Wallace. He straddles a fine line here between hard-hitting and letting Comey off the hook. He repeatedly points out the contradictions in what Comey has said versus what Horowitz has said about the FBI investigation known as Crossfire Hurricane, and sometimes Wallace even hammers home the discrepancies. And yet when Comey fails to answer his points or answers them in an evasive way, and Wallace could ask certain rather obvious follow-up questions that would nail him even further, Wallace sometimes doesn’t do so.

Perhaps he’s pressed for time. Perhaps he thinks Comey’s evasions speak for themselves. Or perhaps he’s reluctant to go too hard on Comey.

One general observation I have about Comey and the way he deals with his different stories at different times is to think tactically but remain almost completely in the moment. It’s as though he comes up with a new approach depending on the attack and the amount of information in the public domain, and sees no need for internal consistency on his part.

For example, when the Horowitz Report first came out, Comey said it vindicated him and the FBI, and that “those who smeared the FBI are due for an accounting…The FBI fulfilled its mission — protecting the American people and upholding the U.S. Constitution.” Then, just a few days later – and only because Horowitz explicitly testified to Congress that the report didn’t vindicate anyone connected with the FBI probe – Comey suddenly (and as far as I can tell, for the very first time) admits that mistakes were made. But only by his “sloppy” underlings, and that his only mistake was to trust them too much.

So one of my own questions to Comey (one Wallace doesn’t ask) would be: did you even bother to read the report before you wrote your “vindication” op-ed?

Now let’s take some quotes from the Wallace interview.

“James Comey: Well, maybe it turns upon how we understand the word [“vindicate”].

But “vindicate” is not some term of art, nor is it an arcane legal phrase. It’s a perfectly good English word that most people understand. It means “to show something to have been right or true, or to show someone to be free from guilt or blame.” Comey is not an idiot, but he must think his listeners are. Or perhaps he just can’t think of any other defense.

Comey again: “But [Horowitz] also found things that we were never accused of, which is real sloppiness, and that’s concerning.”

It’s almost risible, isn’t it? But Comey isn’t joking. No one accused the FBI of mere “sloppiness” I did a search of Horowitz’s testimony and the word does not seem to appear. I haven’t searched the report, but I very much doubt it’s in there either. “Sloppiness” is quite the euphemism for errors of the scope, frequency, and magnitude the report details. “Sloppiness” indicates carelessness, like failing to spell a word correctly, or leaving out a small and unimportant fact. Leaving out exculpatory evidence over and over? That’s so basic a violation that the word “sloppiness” becomes an absurdity. Saying Carter Page was not a source for US intelligence when the original document said he was a source? That could be described by a lot of words, but “sloppy” is not one of them.

When Wallace doesn’t buy Comey’s answer, and mentions the 17 violations, that’s when Comey admits “wrongdoing.” His “confession” goes like this:

“I was wrong. I was overconfident in the procedures that the FBI and Justice had built over 20 years. I thought they were robust enough. It’s incredibly hard to get a FISA. I was overconfident in those. Because he’s right. There was real sloppiness…”

Notice that here Comey persists in labeling it “sloppiness.” And the buck certainly doesn’t stop at Comey’s desk. In fact, apparently no details of the investigation ever even reached his desk, according to Comey. He was some sort of remote figurehead, uninvolved in the running of an operation against the candidate for president of the Republican Party – as though this was a routine process that didn’t need his expertise or supervision. He signed those FISA warrants knowing nothing about what was in them, apparently.

Or so he says.

Yeah, right. Apparently Comey believes that “fool” is a much better thing to claim to be than “knave.” It’s really quite astounding. And although Wallace rightly says “But you make it sound like you’re a bystander, an eyewitness. You were the director of the FBI while a lot of this was going on, sir,” Comey just basically repeats his first answer, and Wallace then goes on to the next point.

What about a follow-up like: “Were you usually in the habit of signing off on request after request that you knew nothing about?” Or “Then why have you been claiming for this whole time, till now, that everything was completely on the up-and-up with the FISA requests? How could you claim that if you knew almost nothing about them? Why didn’t you admit long ago that you were totally disengaged from the process and that you signed off on requests about which you were completely ignorant?”

[To be continued…]

Posted in Politics, Press | Tagged James Comey | 42 Replies

Bad news for General Flynn

The New Neo Posted on December 17, 2019 by neoDecember 17, 2019

It seems to me that General Flynn got bad tactical advice from the lawyers handling his appeal. This is the result:

Judge Sullivan had all but invited Flynn to withdraw his plea. He was accordingly unimpressed by the merits of Flynn’s various post-plea demands for documents and related motions. The opinion notes in several places that General Flynn does not dispute the falsity of the statements that form the basis of the charge against him. See, for example, opinion pages 32-34. Judge Sullivan emphasizes that Flynn had much of the requested information in hand when he chose to plead guilty. Assuming he was deprived of information he now seeks, Judge Sullivan concludes, the remedy would be trial rather than dismissal.

In other words, the judge says that if Flynn had wanted the kind of redress he sought, he should have withdrawn his plea and asked for a new trial. Because he did not do that, his request is denied.

This doesn’t seem to have much to do with the merits of the case. I don’t know whether Flynn is allowed to withdraw his plea now and ask for a retrial. Perhaps Trump will ultimately pardon him. And it does seem quite extraordinary that Flynn’s crime was to supposedly lie to the FBI and yet the FBI has covered itself with shame lately.

Posted in Law | Tagged Russiagate | 20 Replies

Schumer and impeachment, now and then

The New Neo Posted on December 17, 2019 by neoDecember 17, 2019

One of the drawbacks of serving for a long time in public life is that we have the ability to compare a politician’s previous statements to his/her present ones. Sometimes it goes like this, if your name is Chuck Schumer, and you once were speaking of the Senate impeachment trial of Democrat Bill Clinton, and now you’re talking about the Senate impeachment trial of Republican Donald Trump:

McConnell had a reply:

“The Senate is meant to act as judge and jury, to hear a trial, not to re-run the entire fact-finding investigation because angry partisans rushed sloppily through it,” he said on the Senate floor.

Ouch.

Posted in History, Politics | Tagged Chuck Schumer, impeachment | 12 Replies

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