Coalition of the Confused

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The Mueller Report   America - all of it

Started Apr-19 by Jenifer (Zarknorph); 3369 views.
Jenifer (Zarknorph)
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From: Jenifer (Zarknorph)

Apr-22

I couldn't log on at all yesterday.

In reply toRe: msg 9
Jenifer (Zarknorph)
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From: Jenifer (Zarknorph)

Apr-23

In reply toRe: msg 10
Jenifer (Zarknorph)
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From: Jenifer (Zarknorph)

Apr-23

BerrySteph

From: BerrySteph

Apr-23

As Democrats weigh their options, Hillary Clinton remains curiously restrained, despite the Mueller report laying bare the attempts to undermine her 2016 presidential campaign.

She's been threatened into silence.

We watched it happen in public - and no judicial forces leaped to her defense.

Jenifer (Zarknorph)
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From: Jenifer (Zarknorph)

Apr-24

I don't think so.

I think we are so accustomed to a complete LACK of class and decorum in politics that we don't recognise it when we see it.

BerrySteph

From: BerrySteph

Apr-24

Hilary's been threatened into silence.

We watched it happen in public - and no judicial forces leaped to her defense.

Jenifer (Zarknorph)
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From: Jenifer (Zarknorph)

Apr-25

Who do you think is threatening her?

In reply toRe: msg 15
Jenifer (Zarknorph)
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From: Jenifer (Zarknorph)

Apr-27

Mueller Report: Last Week Tonight with John Oliver (HBO)

Following the release of the Mueller Report, John Oliver discusses what we've learned. Subscribe to the Last Week Tonight YouTube channel for more almost new...

BerrySteph

From: BerrySteph

Apr-27

I've found the lode-stone of detailed analysis of the Mueller Report, full of stuff:

https://www.lawfareblog.com/notes-mueller-report-reading-diary

This is just an easy to read introduction:

The Special Counsel Investigation

The first notable thing about this section is that it very clearly lays out how Mueller understood and operationalized his jurisdiction—which was both quite limited and which Mueller largely did not seek to expand. This makes the Mueller investigation highly unusual in the history of special counsel investigations, which we normally think of as hoarding jurisdiction and as ever-expanding in their scope.

Mueller, by contrast, makes clear that his jurisdiction was narrow. It was defined by a series of orders and clarifications from Rod Rosenstein, the first of which defined three elements: (1) “any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump,” (2) any matters that arose or may arise directly from the investigation, and (3) “any other matters within the scope of 28 C.F.R. § 600.4(a)”—which covers efforts to obstruct special counsel investigations. To this basic mandate, Rosenstein later clarified two points in a separate letter: He made clear that it included allegations involving Carter Page, Paul Manafort and George Papadopoulos in their possible “collusion” with Russia, and he made clear that it included as well allegations about Manafort’s dealings with Ukraine and another corruption matter. Rosenstein later wrote an additional letter clarifying that the original order also applied to Michael Cohen, Richard Gates, Roger Stone and two other names that are redacted for privacy reasons.

Mueller has hewed closely to this original mandate. Unlike prior special counsel’s offices, as matters came to him that pushed the edges of his jurisdiction, he referred them to other Justice Department components. He also referred matters at the end of his investigation that were ongoing. A list of all of the referrals appears in Appendix D of the report, which lists 10 transfers of cases begun by the special counsel’s office and an additional 14 “referrals,” which Mueller describes as covering “evidence of potential criminal activity that was outside the scope of the Special Counsel’s jurisdiction.” These referrals are, with the exception of the Michael Cohen campaign finance matters and the Greg Craig Foreign Agents Registration Act matter, all redacted.

Call them children of the Mueller investigation—and keep a close eye on them.

CONTINUED:

BerrySteph

From: BerrySteph

Apr-27

And it gets better:

CONTINUED:

A note on staffing. President Trump has repeatedly referred to the Mueller investigation as composed of 13 or 17 or 18 “angry Democrats,” so let’s get on the record exactly how the Mueller investigation was staffed in reality. There were 19 lawyers at the investigation’s “high point”—five from private practice and 14 on detail from elsewhere in the Justice Department. They had a filter team from the department and FBI to screen for privileged material. They had three paralegals. They had an administrative staff of nine. And they worked alongside “approximately 40 FBI agents, intelligence analysts, forensic accountants” and others assigned to the office. FBI staff “remained under FBI supervision at all times; the matters on which they assisted were supervised by the Special Counsel.”

There’s no word about any party affiliation of any of the staff—much less about their anger level.

There is word, however, about an important matter that has been something of a mystery throughout the Mueller investigation: What sort of investigation was this?

Because the Mueller investigation was born out of a counterintelligence investigation, there has been an enduring impression that it had both criminal and counterintelligence elements. I have assumed this myself at times. How these two very different missions integrated within the Mueller probe has been much discussed. This section of the report answers this question, and the answer is actually striking: The Mueller investigation was a criminal probe. Full stop.

It was not a counterintelligence probe. Mueller both says this directly in this section and also says what happened to the counterintelligence investigation. Here’s how Mueller describes his investigation: “The Special Counsel structured the investigation in view of his power and authority ‘to exercise all investigative and prosecutorial functions of any United States Attorney.’ 28 C.F.R, § 600.6. Like a U.S. Attorney's Office, the Special Counsel’s Office considered a range of classified and unclassified information available to the FBI in the course of the Office's Russia investigation, and the Office structured that work around evidence for possible use in prosecutions of federal crimes ...” (emphasis added).

At the bottom of page 13, Mueller then answers the question of what happened to the counterintelligence components of the investigation. They stayed in the FBI:

From its inception, the Office recognized that its investigation could identify foreign intelligence and counterintelligence information relevant to the FBI’s broader national security mission. FBI personnel who assisted the Office established procedures to identify and convey such information to the FBI. The FBI’s Counterintelligence Division met with the Office regularly for that purpose for most of the Office’s tenure. For more than the past year, the FBI also embedded personnel at the Office who did not work on the Special Counsel’s investigation, but whose purpose was to review the results of the investigation and to send—in writing—summaries of foreign intelligence and counterintelligence information to FBIHQ and FBI Field Offices. Those communications and other correspondence between the Office and the FBI contain information derived from the investigation, not all of which is contained in this Volume. This Volume is a summary. It contains, in the Office’s judgment, that information necessary to account for the Special Counsel’s prosecution and declination decisions and to describe the investigation’s main factual results.

In other words, the Mueller probe was a criminal probe only. It had embedded FBI personnel sending back to the FBI material germane to the FBI’s counterintelligence mission. But Mueller does not appear to have taken on any counterintelligence investigative function. And the report is purely an account through the lens of the criminal law. This partly, though only partly, explains why there is no classified information in the report, which contains no “portion markings” anywhere. 

This point has a major analytical consequence for the entire way one reads the Mueller report: Don’t assume it answers counterintelligence questions. Where it concludes that someone didn’t engage in a conspiracy, don’t confuse that with answering the question of whether there is some counterintelligence risk associated with that person. Instead, read the report only as an account of the disposition of the criminal questions associated with L'Affaire Russe. But keep in mind the following question as well: If I were an FBI counterintelligence agent and I knew this material, how concerned would I be about the individual in question?

I will try to flag such questions as I go through the report.

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