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Tulsi Gabbard Accuses Kash Patel of Covering Up for the Obama Deep State

Suspected Russian asset Tulsi Gabbard has released a report of screen caps out of context and one 114-page collection of documents purportedly showing what she claims is a conspiracy against Donald Trump.

It serves its purpose — because a broad swath of very stupid people are currently frothing madly about it on Xitter.

What Tulsi purports to show is that the FBI didn’t back expansive claims of Russian involvement in election interference in September and October 2016, refused to participate in a assessment in December, only for Obama to order a new assessment, after which — Tulsi claims — the assessment changed to reflect more confidence in Putin’s involvement.

In general, Tulsi accomplishes the circus trick of getting stupid people to buy her narrative by conflating whether spooks thought Russia hacked the US voting tabulation infrastructure with Intelligence Community confidence that Russia was involved in the hack of the DNC and DCCC and then involved in the dissemination of files stolen from it.

So:

Voting infrastructure

Hack and leak

Not the same things

Tulsi assumes her rubes won’t notice she’s doing that and — lo and behold!! — she’s right!!

As one example of how transparently shoddy Tulsi’s “work” is, note how she misquotes a story (which she attributes to spooks but which might come from Congress) talking about the larger Russian intelligence operation in 2016, claiming it pertains exclusively to the “U.S. Election Hack.”

Tulsi doesn’t link the underlying story, for good reason, because reading the story gives away her game.

While it does use the word “hack” in the title, it includes two details that undermine Tulsi’s information operation.

U.S. Officials: Putin Personally Involved in U.S. Election Hack

New intelligence shows that Putin became personally involved in the computer breach, two senior U.S. officials say.

Two senior officials with direct access to the information say new intelligence shows that Putin personally directed how hacked material from Democrats was leaked and otherwise used. The intelligence came from diplomatic sources and spies working for U.S. allies, the officials said.

[snip]

The latest intelligence said to show Putin’s involvement goes much further than the information the U.S. was relying on in October, when all 17 intelligence agencies signed onto a statement attributing the Democratic National Committee hack to Russia.

Most importantly, the story describes that the Intelligence Community got new information. Wow! An explanation for why the assessment changed in December 2016!!!! All readily available if you just check Tulsi’s sources!!

Just as importantly, nothing in the article addresses tampering with the voting infrastructure, the topic of almost all the other screen caps in Tulsi’s propaganda, in her effort to conflate the voting infrastructure, the hack and leak, and the larger information operation.

There are a slew of other problems with Tulsi’s book report. It ignores:

  • The Russian investigation into Trump didn’t arise out of this intelligence. It arose out of Mike Flynn’s efforts to undermine the Obama sanctions on Russia in response, and Trump’s efforts to undermine the investigation of Flynn.
  • The Russian investigation discovered abundant new evidence, including proof that Trump’s campaign learned of Russia’s operation in advance. Trump’s Coffee Boy, Campaign Manager, National Security Advisor, personal lawyer, and rat-fucker were all eventually adjudged to have lied to cover up aspects of Trump’s involvement in the Russian investigation. And through their confessions, we learned that Russia dangled an impossibly lucrative real estate deal, told a Trump campaign official and his rat-fucker about their operation, got campaign data and strategy — possibly in exchange for millions of dollars and involvement in a plan to carve of Ukraine — and then undermined Obama’s foreign policy to help Russia.
  • After all these 2016 assessments, the NSA later developed evidence — according to the document Reality Winner leaked — that showed Russia did attempt to and had some success in hacking voting infrastructure.

Which is to say, Tulsi’s entire little book report is unrelated to the Russian investigation into Trump and her claims about hacking the election infrastructure were eventually revised.

But her report is not without interest.

If her story is true — if there is a shred of truth to her claims that Obama tried to alter the intelligence in 2016 — then evidence to that fact was available in 2020, when Kash Patel was reviewing precisely the same intelligence while serving as Ric Grenell’s handler, and that evidence was available from 2019 through 2023, when John Durham reviewed it all and determined that the spooks did nothing wrong.

In other words, if Tulsi’s allegations are true, it means Kash Patel and John Durham are part of the Deep State plot against Donald Trump!!!!

It means Trump’s hand-picked FBI Director was part of a sustained effort to cover-up Obama’s devious intervention in 2016.

If Tulsi’s allegations have any merit, then Pam Bondi must fire Kash Patel and include him, right along with all the nefarious actors Tulsi targets, because Kash covered this up when he could have helped Trump win the 2020 election.

Update: Corrected how long the primary document collection is.

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Jeffrey Epstein Is about Trump’s Failing Ability to Command Attention

The bubbling Jeffrey Epstein scandal is about two things: the underlying scandal and any ties Trump has to it, and the way it has disrupted Trump’s normal super power ability to command and direct attention.

His attack on Rosie O’Donnell yesterday shows that his ability to direct the attention of the left remains undiminished and makes clear why this power is so important to Trump.

Trump’s attack on the comedian, just hours before his latest inept intervention in the Epstein matter, came in the wake of a number of stories — the NYT story describing that key National Weather Service positions were vacant when the flood hit,  the CNN report on a three day delay that Kristi Noem caused in the search and rescue, reports on Kerr County’s refusal to accept a Dem-funded early warning system that Rayne wrote up here, the NYT story describing how Noem cut off funding to a call center while it was fielding calls from survivors — holding Trump’s Administration or Republicans accountable for exacerbating the impact of the flood.

When Trump tweeted that Rosie O’Donnell “is a Threat to Humanity” and claimed to be considering stripping her citizenship (she lives in Dublin but as far as I know does not yet have Irish citizenship), that post circulated wildly among journalists and the left, sometimes with commentary about how grave a threat it was that Trump would even make such threats (which he has no legal power to carry out).

But the people who gaped at his unfiltered tweet did not explain, much less link, the background.

Trump attacked O’Donnell as predictions she made on TikTok last Sunday, which the right wing has been trying to dismiss by shaming her, were being confirmed by those press reports.

What a horror story in Texas — the flash floods in Texas. The Guadalupe River. 51 missing. 51 dead, more missing. Children … at a camp. And you know when the President guts all the warning systems and the, uh, weathering [sic] forecast abilities of the government, these are the results that we’re going to start to see on a daily basis, because he’s put this country in so much danger by his horrible, horrible decisions and this ridiculously immoral bill that he just signed into law. As Republicans cheered. As Republicans cheered. People will die as a result and they’ve started already. Shame on him. Shame on every GOP sycophant who’s listening and following the disastrous decisions of this mentally incapacitated POTUS.

Rosie O’Donnell made a powerful moral critique of Trump, and as that critique was bearing out, he responded to it by asserting to have power over her, power he doesn’t have. And rather than focusing on or even mentioning that moral critique — or even continuing to focus on the many ways the Trump Administration did exacerbate the flood — those who disseminated his tweet gaped in horror at his spectacular display of power, without identifying it as an attempt to avoid being held accountable.

Whether or not the US can restore democracy depends heavily on the success that Trump’s critics have in tying his failures to disasters like Kerr County. It depends on their ability to remain laser-focused on holding him accountable for the disasters his actions predictably cause. And Trump squelched the words of one prescient critic with a tweet. He did so with the willful cooperation of data mules on the left.

Trump’s ability to command and direct attention — his ability to rupture context and redirect attention to his own claims of authority — is his super power. It is how he has attained and remained in government; it is how he has beat back scandals that would have doomed others.

And that super power has been failing him as his DOJ and FBI reversed course on past fevered promises to disclose everything about the Epstein scandal.

That’s what, I have tried to argue, has always been missing from reporting on this exchange: how badly Trump flubbed a role, suppressing coverage by bullying a journalist, that is second nature to him.

Pam Bondi sets out to answer two questions from a journalist about Epstein. She’s actually good at this performed competence and had Trump just let her answer he might have avoided all the backlash. But Trump interrupts. He stumbles over delivery of the name, Jeffrey Epstein, as if he is trying to perform disgust, but it sounds hollow. He asks a question — “are you still talking about Jeffrey Epstein” — that feigns ignorance of both the importance of the Epstein scandal to his base, to say nothing about how much his chosen aides, Bondi, Dan Bongino, and Kash Patel, have themselves never shut up about Epstein. Trump almost regains his footing when he complains that the journalist isn’t focused on Texas or “this” (huh? what is “this”?); Trump almost regains his footing by bullying a journalist, an easy trope for him. But then he tries to perform disgust again — “this creep” — and like the earlier mention of his friend, Epstein’s name, “creep” sounds forced, a badly delivered performance. Trump tries a familiar stance again — “I can’t believe you’re asking a question about Epstein” — but this was a question about a release Bondi’s own DOJ orchestrated. He ends with feigned outrage, accusing the journalist of “desecration.” The whole performance lacked energy, exacerbated by the slurring Trump exhibited throughout the event.

What is a normal ploy from him — attacking journalists to bully them out of covering things — simply failed. The great Realty TV Show Star flubbed his part, as devastating as if his voice squeaked when declaring “You’re fired,” back in the day.

Both in content and performance, his bid to shut down this line of questioning made him look vulnerable, not strong. It raised questions rather than silencing them.

With each development since — the clash between Dan Bongino and Bondi over who would take the fall first revealed in reports of Bongino’s pouty refusal to go to work on Friday, the persistent backlash from some of the loudest voices among his Twitter mob, leading up to Trump’s lengthy tweet yesterday — Trump’s command of attention has slipped.

While folks finally recognized that something is failing in Trump’s normal ability to command attention, this time, by gaping at the length of this tweet, if you look closer, the tweet was even more delightfully ill-conceived.

Both right wingers and journalists have, I think correctly, conceived the purpose as an attempt to alleviate pressure on Pam Bondi.

What’s going on with my “boys” and, in some cases, “gals?” They’re all going after Attorney General Pam Bondi, who is doing a FANTASTIC JOB!

[snip]

LET PAM BONDI DO HER JOB — SHE’S GREAT!

But even there, Trump starts pathetically, by claiming that “my ‘boys’ and, in some cases, ‘gals?'” are leading the attack on Bondi. This attack, on “Blondi,” is being led by Laura Loomer, and suggesting that she’s following Trump’s “boys” on this betrays a reluctance to go after Loomer directly.

The defense of Kash Patel (right wingers correctly noticed that Bongino gets no mention) is secondary.

Kash Patel, and the FBI, must be focused on investigating Voter Fraud, Political Corruption, ActBlue, The Rigged and Stolen Election of 2020, and arresting Thugs and Criminals, instead of spending month after month looking at nothing but the same old, Radical Left inspired Documents on Jeffrey Epstein.

That mention builds on the drop dead stupidity of this post — one so stupid that even Benny Johnson noticed it.

For the first time ever, Trump claimed that the Epstein files were made up by Democrats — all Democrats, serially.

Why are we giving publicity to Files written by Obama, Crooked Hillary, Comey, Brennan, and the Losers and Criminals of the Biden Administration, who conned the World with the Russia, Russia, Russia Hoax, 51 “Intelligence” Agents, “THE LAPTOP FROM HELL,” and more? They created the Epstein Files, just like they created the FAKE Hillary Clinton/Christopher Steele Dossier that they used on me, and now my so-called “friends” are playing right into their hands.

To be fair, this is not an entirely new ploy. Last year, Trump explained his hesitation to release the Epstein files based on a claim that “it’s a lot of phony stuff with that whole world.”

I guess I would. I think that, less so, because, you know, you don’t want to affect people’s lives if it’s phony stuff in there because it’s a lot of phony stuff with that whole world.

Even then, he was preparing a defense that if something in there implicated him, it was phony, fake, fraudulent.

Still, the claim that Democrats — Obama, Hillary, John Brennan, and Jim Comey (who is not a Democrat, or at least wasn’t when this all happened) — created the Epstein files would normally be a reasonable ploy, given the disinformation he has long used to sustain loyalty. He attempted to tie the Epstein files to things he has trained his rubes to believe were hoaxes — the legal adjudications that Trump’s top aides lied to cover up his ties to Russia and false claims about what 51 spooks said about the Hunter Biden laptop — as well as an actual hoax (the Steele dossier) that he has blamed on Democrats rather than the Russians who larded it with allegations that closely match real things only the Russians knew.

These things — Russia Russia Russia — are a foundational element of his tweets (and one of the things data mules disseminate without debunking, thereby reinforcing as unquestioned). This was an attempt to add one more element, as he added the spook letter and Hunter Biden laptop after Russia Russia Russia was already established as his foundational disinformation.

So this might have been a reasonable attempt to discredit the Epstein files, the things he anticipated claiming were “phony” last year. Except you don’t attempt this after years of treating it as credible.

Worse still, you don’t do that and then immediately ask the question that MAGAts have long used to reassure themselves that Trump wasn’t in the Epstein files.

Why didn’t these Radical Left Lunatics release the Epstein Files? If there was ANYTHING in there that could have hurt the MAGA Movement, why didn’t they use it?

Why didn’t they, indeed?

Again, even Benny has seen the problem with this, and he is painfully stupid!

The reason Trump’s claims that the Russian investigation and the spook letter and the Steele dossier are hoaxes have succeeded is because they were made public, often with the involvement of Democrats. But if Democrats — even Hillary, whose spouse flew on his plane! — larded the Epstein files with things damaging Trump, right wingers’ biases dictate that the left would have released it.

Before Trump’s claims that these were fabricated, the logic made sense to right wingers: Democrats didn’t release the files because there’s nothing about Trump in them. But if the left allegedly fabricated them along with the Russian investigation and the spook letter, which Trump has falsely claimed were fabricated in an attempt to hurt Trump, then they would have released them.

Furthermore, he would order Kash to include the Epstein files among the witch hunts on which he wants FBI to focus. Instead, he’s arguing that Kash doesn’t have time to investigate this alleged hoax targeting him because he is too busy investigating other fabricated claims of a hoax, his desperate attempt to find some way to sustain the claim that he’s not a loser beaten by Joe Biden in 2020.

The entire post collapses in on itself. Even Benny sees this! 

And that’s before something else Trump attempted. Trump told his rubes — a huge cross-section of which is QAnon adjacent — that nobody cares about Jeffrey Epstein.

Let’s keep it that way, and not waste Time and Energy on Jeffrey Epstein, somebody that nobody cares about.

Crazier still, when he first attempted this complaint, he used a phrase that is bound to fuel conspiracists.

“selfish people” are trying to hurt it, all over a guy who never dies, Jeffrey Epstein

Jeffrey Epstein never dies?!?! Did you really say that? About a guy whose circumstances of death are a key part of this conspiracy theory? Hell, the most unhinged Epstein conspiracists (including a good number of Trump supporters) question whether he did die. And you just wrote down that Jeffrey Epstein never dies?!?!

Trump’s supporters are in a cult. But many of them are also in the QAnon cult. And for those for whom the QAnon cult came first or remains predominant, telling them that “nobody cares about” Jeffrey Epstein ruptures the unity between Trump and them, because he is attacking one of their foundational beliefs. It’s like telling devout Christians that Jesus never walked the Earth. You have just assailed a foundational belief of those who believe — as proven by Epstein — that pedophiles control the powerful. So long as Trump flirted with QAnon conspiracies, he and his rubes shared that foundational belief; yesterday, he assailed it.

(Both Phil Bump and Mike Rothschild addressed what happens when you betray the trust of conspiracists back when Bongino first affirmed that Epstein killed himself; their descriptions really anticipated what we’re seeing this week.)

There certainly are questions about what aspects of Trump’s sustained fondness for Epstein remain in files that once might have been on Pam Bondi’s desk before they weren’t and never had been, according to Bondi. It’s certainly likely that something in them explains the failure of Trump’s super power here, his inability to deliver his long-practiced lines, first of bullying a journalist, then claiming Dems implicated him in a hoax.

But the reason why his super power is failing doesn’t matter so long as it does continue to fail, especially given that Epstein conspiracies were always non-falsifiable and Trump’s conflicting stories make them all the more so. Unless something drastically changes, every attempt Trump makes to squelch this focus will only exacerbate the growing cognitive dissonance his rubes have. And the underlying Epstein scandal is so spectacular — so unquestionably a case of injustice to the victims — that even feckless Dems have the means of keeping it at the forefront.

Trump survives based on that super power, on his ability (as he succeeded in doing with the Rosie O’Donnell tweet) to dodge accountability by distracting away from it.

If that super power starts to fail, though, so will his ability to avoid accountability.

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Trump’s Deep State Can’t Even Deep State Competently

I was and still intend to write a post arguing that all of the coverage of this comment from Trump is wrong. As I rant on Nicole Sandler’s show today, what we saw in these few moments was Trump, whose super power is in being able to command attention, not only failing that, but flubbing his lines when he tried to reassert his command over attention focused on Jeffrey Epstein.

The conspiracy theorists who put Trump in office will not let him take ahold of this conspiracy.

What we see in this exchange is — more than at any time in the last ten years, I argue — Trump’s super power of commanding where people focus their attention failing him.

So I want to write about how everyone is getting this wrong.

But first, I want to talk about how Trump’s Deep State can’t even Deep State competently.

Trump’s attempt to tamp this down, predictably, had the opposite effect, both because infighting over who fucked up the incompetent attempt to tamp it down, and the conspiracy theories that have arisen in the void.

Conspiracy theorist Laura Loomer is at the pivot of both worlds, and she’s playing her part to perfection. She started things today by revealing that Dan Bongino — who actually doesn’t like how hard he has to work at FBI anyway — complaining about how the memo that attempted but failed to tamp all this down happened.

That led Todd Blanche, fresh off his efforts to make the Erez Reuveni disclosures worse, to weigh in, claiming there was no dispute about how to release the Epstein memo.

Meanwhile, Marc Caputo — who has close ties with Susie Wiles from way back — debunks Blanche’s claim of harmony,  describing that Wiles and Taylor Budowich witnessed anything but.

The intrigue: MAGA influencer Laura Loomer, a Bondi critic, first reported Friday on X that Bongino left work and that he and Patel were “furious” with the way Bondi had handled the case.

  • Some Trump advisers have criticized Bondi, but Trump “loves Pam and thinks she’s great,” a senior White House official said.
  • Those witnessing the Wednesday clash between Bondi and Bongino in the White House were Patel, White House Chief of Staff Susie Wiles and Deputy Chief of Staff Taylor Budowich.

The more important part of Caputo’s report, though, is that insiders blame Bongino for the “missing minute,” which provided the nutters reason to doubt the entire effort to tamp all this down.

Zoom in: At the center of the argument: a surveillance video from outside Epstein’s cell that the administration released, saying it was proof no one had entered the room before he killed himself.

  • The 10-hour video had what has widely been called a “missing minute,” fueling conspiracy theories in MAGA’s online world about a cover-up involving Epstein’s death.
  • The “missing minute,” authorities say, stemmed from an old surveillance recording system that goes down each day at midnight to reset and record anew. It takes a minute for that process to occur, which effectively means that 60 seconds of every day aren’t recorded.
  • Bongino — who had pushed Epstein conspiracy theories as a MAGA-friendly podcast host before President Trump appointed him to help lead the FBI — had found the video and touted it publicly and privately as proof that Epstein hadn’t been murdered.

That conclusion — shared by FBI Director Kash Patel, another conspiracy theorist-turned-insider — angered many in Trump’s MAGA base, criticism that increased after Axios first reported the release of the video and a related memo.

  • After the video’s “missing minute” was discovered, Bongino was blamed internally for the oversight, according to three sources.

Only, complaints about the video are only going to get worse. Wired describes that the metadata shows the video has been altered.

The “raw” file shows clear signs of having been processed using an Adobe product, most likely Premiere, based on metadata that specifically references file extensions used by the video editing software. According to experts, Adobe software, including Premiere and Photoshop, leaves traces in exported files, often embedding metadata that logs which assets were used and what actions were taken during editing. In this case, the metadata indicates the file was saved at least four times over a 23-minute span on May 23, 2025, by a Windows user account called “MJCOLE~1.” The metadata does not show whether the footage was modified before each time it was saved.

The embedded data suggest the video is not a continuous, unaltered export from a surveillance system, but a composite assembled from at least two separate MP4 files. The metadata includes references to Premiere project files and two specific source clips—2025-05-22 21-12-48.mp4 and 2025-05-22 16-35-21.mp4. These entries appear under a metadata section labeled “Ingredients,” part of Adobe’s internal schema for tracking source material used in edited exports. The metadata does not make clear where in the video the two clips were spliced together.

Hany Farid, a professor at UC Berkeley whose research focuses on digital forensics and misinformation, reviewed the metadata at WIRED’s request. Farid is a recognized expert in the analysis of digital images and the detection of manipulated media, including deepfakes. He has testified in numerous court cases involving digital evidence.

Farid says the metadata raises immediate concerns about chain of custody—the documented handling of digital evidence from collection to presentation in a courtroom. Just like physical evidence, he explains, digital evidence must be handled in a way that preserves its integrity; metadata, while not always precise, can provide important clues about whether that integrity has been compromised.

“If a lawyer brought me this file and asked if it was suitable for court, I’d say no. Go back to the source. Do it right,” Farid says. “Do a direct export from the original system—no monkey business.”

Farid points to another anomaly: The video’s aspect ratio shifts noticeably at several points. “Why am I suddenly seeing a different aspect ratio?” he asks.

It is abundantly likely that all of this is easily explained. I noted in my first post that the missing minute probably comes from MCC’s ancient surveillance equipment. And it sounds like someone packaged this up for Bongino.

Of course, none of that is going to matter if and when people confirm that the video doesn’t even show Epstein’s cell, as multiple people claim.

Every single wrinkle will only serve to feed the conspiracy theorists whose attention Trump cannot manage to command.

Here’s the thing, though. I think Bondi probably did shut down these investigations because they are inconvenient to Trump. Maybe it stems from nothing more than Trump’s demand to command attention; maybe it has to do with the known connections between Trump and the abuser looking damning no matter how close or far Trump is to the rape.

But because the Deputy Director of the FBI, an agency with thousands of people with expertise on this kind of thing, couldn’t manage to find someone who could hold his hand and explain basic things like chain of custody, they have all made it far, far worse.

Trump’s Deep State can’t even Deep State competently.

Update: The date of the saved video (May 23) was between the date when Bongino and Kash told Bartiromo that Epstein killed himself and the date when Bongino told Fox the FBI was going to release the video but first was, “taking time to clean up and enhance the video.”

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Pam Bondi Admits She Must Fire Kash Patel and Dan Bongino

Even before Trump was inaugurated, I had great fun boosting expectations that Trump would release the Jeffrey Epstein files.

I didn’t do so because I believed there would be a massive Epstein release (partly because some of the conspiracy theories about Jeffrey Epstein are not true and partly because what is true is that Trump is among the powerful men who are implicated). I didn’t do so because I believed any files would ever come out.

I did so because beliefs about Epstein are non-falsifiable. I did so because even if there were no damning materials tying Trump to Epstein, the President would still never be able to satisfy the expectations of his mob.

I did so because the promise (from Kash Patel, long before he was confirmed, and then from Pam Bondi) and expectation that Trump would release the files was an expectation that Trump’s supporters should expect to have fulfilled — after all he ordered DOJ to do just that, with the JFK, RFK, and MLK files.

But there’s no chance their expectations can ever been fulfilled. It was a way, I knew, where Trump was going to disappoint some of his most rabid fans.

Trump promised to release the secret files the continued secrecy of which have fueled decades of conspiracy theories, so why wouldn’t he release files about pedophilia, the legitimate concern that has fueled the Trump-supporting QAnoners?

I fueled such expectations on Xitter because if the demand to see the Epstein files ever took hold, Bondi would be stuck.

Then Bondi made things worse when she told Fox News that Epstein’s client file was on her desk for review. She made things worse when she orchestrated the re-release of the already-released files to a select group of right wing propagandists, all packaged up to look special, a spectacle that stoked divisions among MAGAts but also raised concerns that she was covering stuff up. She made things still worse when — responding to James Comer’s role in making things worse, when he claimed the Epstein files had been disappeared — she said there were tens of thousands of videos involving Epstein.

Kash Patel, who promised to release the files, and Dan Bongino, who begged his readers never to let go of this scandal? They fed the fever too with their years of spreading conspiracy theories about the Epstein files. And when FBI’s conspiracy theorists in chief tried to reverse course a month ago, it only further fueled suspicions.

Then Elon joined the fun, accusing Trump of being in the Epstein files as part of his tantrum against Trump (but then deleting that file). As someone who was also close to Ghislaine Maxwell, Elon might know!

Dan Goldman joined in, expressing, “grave concern about what appears to be a concerted effort by you to delay and even prevent the release of the Jeffrey Epstein Files,” and asking whether Trump’s identity was being redacted from any of the files. Robert Garcia and Stephen Lynch joined in, writing Pam Bondi a letter, asking Bondi to formally answer whether the Epstein files are being withheld — as Elon Musk alleged — because Trump is in them, and further asking (among other questions) whether Trump had a role in the delay of their release.

Bondi’s stonewalling, after both she and Kash promised everything would come quickly, was becoming the story.

So yesterday, DOJ and FBI released (or rather, made available to Axios without yet, apparently, releasing it via normal channels) a two-page unsigned notice (which may be on letterhead created for the purpose).

It included two main, credible conclusions:

  • Much of the material that FBI has depicts victims and any release of that material would retraumatize the victims.
  • FBI concluded (and Trump’s flunkies agree) that Jeffrey Epstein killed himself. DOJ released two files (one unaltered, one enhanced, both with titles that do not even mention Epstein) showing that no one entered his cell the night he killed himself.

But there’s also a short, broader conclusion that is less sound.

This systematic review revealed no incriminating “client list.” There was also no credible evidence found that Epstein blackmailed prominent individuals as part of his actions. We did not uncover evidence that could predicate an investigation against uncharged third parties. [my emphasis]

Emphasis on credible?

Of course there’s a client list; one version of it was already released. There are also the names or descriptions shared by victims of the men who abused them. And while there may be no evidence in the FBI files that Epstein did blackmail Trump or anyone else, he had blackmail material on them. There’s certainly credible reason to believe that information is one of the reasons he was allowed to persist so long; it was useful for other powerful people, possibly even spooks in one or another country. That FBI didn’t uncover evidence confirming that others were involved in trafficking young people is dramatically different from saying that there’s no damning information implicating Epstein’s Johns.

But let’s assume for the moment that these conclusions are impeccable (and as I said, the decision not to release videos showing victims and the conclusion about the suicide are sound), that means that the people who’ve been claiming to have inside knowledge who promised to release the files — starting with FBI Director Kash Patel and FBI Deputy Direct Dan Bongino — are braying conspiracy theorists who cannot be trusted in any position of authority.

If it’s true that all this was a conspiracy theory, Kash and Bongino must leave the FBI, because they’ve just confessed they will endorse any kind of conspiracy theory to spin up Trump’s rubes. Pam Bondi must call for their resignations immediately, and while she’s at it, she should leave herself, because her original stunt release created the very expectations that she’s now trying to squelch.

They all promised to fulfill conspiracy theories and are now claiming they were lying about their certainty there was some there there.

Honestly, they’d be doing themselves a favor by doing so. But that won’t happen, and because these conspiracy theories are non-falsifiable, this attempt to make the entire promised reveal go away will simply fuel further conspiracy theories. Indeed, it already is.

Kash Patel, Dan Bongino, and Pam Bondi have now confirmed they are raging conspiracy theorists. And yet even that will not be enough to tamp down further conspiracy theories.

Update: I’m laughing my ass off. Doocy quoted Pam Bondi’s claim from an old interview, stating she had the client list on her desk. Karoline Leavitt spun it, with Doocy making big faces.

In addition, Unusual Whale notes that the last minute of the day (these may be PT time), from 11:58:59 to 11:59:59, missing from the video. Oh, and it turns out it’s not even the right cell.

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“Egregious Behavior:” Alina Habba Confesses She Must Prosecute Donald Trump

Note: I’m obviously failing my effort to get off this website for a week. I haven’t left yet!! But hopefully I can wean myself off this thing for a week starting … now.

Twice yesterday, Alina Habba made claims about prosecutorial priorities that mandate she charge her boss, Donald Trump.

First, she RTed the NJ USAO announcement of charges against someone who threatened several judges.

The charges seem real, involving phoned threats to cut off judges’ fingers or shoot them, though the accused perpetrator left the country (possibly to India) in 2018, and there’s no announcement of an extradition request. Plus, Ricky Patel — the same guy who ginned up the arrest of Ras Baraka after Baraka obeyed Patel’s request to leave a property onto which he had been invited — is involved, which makes it suspect.

In both the Tweet and the press release, Alina Habba, who represented Donald Trump when he routinely attacked judges in that case and others, presumably Tweeting some of those threats from his property in New Jersey, whose attacks led to phoned-in threats to Judge Juan Merchan and his staffers, talked about how heinous it is threaten judges.

“The conduct alleged in the Indictment is as heinous as it is troubling: threats to a federal judge, two state superior court judges, an elected official, and a private New Jersey resident. The conduct is not just reckless — it is a direct attack on our justice system. Targeting those who uphold the rule of law is an attack on every community they serve. This egregious behavior is unacceptable. And, as the charges make clear, no matter where you are, we will find you and hold you responsible.”

Excuse me? If you believe this, Alina, you charge Donald Trump for what you call heinous behavior.

Maybe even consider whether you need to turn yourself in for some of your attacks on the judge?

But Habba wasn’t done.

After that, Habba RTed Kash Patel’s announcement of charges for a man in Florida who allegedly — and I emphasize allegedly — threatened Habba.

Kash claimed this was an instance of a “copycat” threat using “86,” a clear reference to Jim Comey’s Tweeting something he saw on a beach.

A dangerous copycat, fueled by reckless rhetoric from former officials, threatened those protecting our country. Political violence has no place here. Proud of our @FBITampa and thankful to our Florida partners for acting fast to deliver justice.

The indictment in question charges a guy named Salvatore Russotto with two counts — threatening an official and assault (18 USC 111) — for four kinds of statements:

  • Calling Alina Habba the C-word, repeatedly
  • Hoping she dies a painful death (but not threatening to cause that himself)
  • Saying “86” her
  • Calling for “death penalty for all traitors”

Kash already charged someone else for using the 86-term, though in that case, the threats were much more graphic and personalized.

But this? Hoping someone dies? Calling someone the C-word?

The only real threat is calling for the death penalty for traitors. Remember Trump’s threats against Liz Cheney? Against Peter Strzok?

How about the time when current FBI Director and then private citizen Kash Patel told a lie about something in a John Durham filing, which led Trump to claim that Michael Sussmann should be put to death?

Trump calls his adversaries traitors all the time, and he has repeatedly called for them to be killed. Speaking of copycat, so did hundreds of the Jan6ers Trump pardoned after they stormed the halls of Congress calling to “Hang Mike Pence.” Those people weren’t charged with assault for that, but then I guess DOJ could now charge them?

And again, some of these threats Trump made undoubtedly were issued from New Jersey, and many of them were less than five years ago.

Of course, Kash’s decision to charge someone for the kind of threat he has facilitated is about Comey, not rule of law, perhaps an attempt to make nothing into something. Kash wants to claim that this is a copycat, but that Jack Posobiec’s even more viral use of the very same term against Joe Biden, also fewer than five years ago, was not.

If I were the lawyer of the guy in Florida, I would raise all this in a selective prosecution bid. As I also would if I represented the Alabama woman charged with bringing home classified documents (also a seemingly legitimate case) after a search the likes of which Kash called “unlawful” when such a search targeted Mar-a-Lago.

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Fridays with Nicole Sander

 

Listen on Spotify (transcripts available)

Listen on Apple (transcripts available)

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Ball of Thread, Ball of Kash

LOLGOP and I have done the final installment of our Ball of Threads podcast — focused on Kash Patel, who serves as kind of the alpha and omega of Trump’s grievance narrative.

The Senate is rushing to confirm Kash in days ahead, in spite of all the prevarication and conflicts we review in this video.

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Republicans Continue to Cover Up Why Kash Patel Pled the Fifth

Today, the Senate Judiciary Committee stalled the vote on Kash Patel’s nomination another week.

A bunch of Republicans are wailing that Democrats are afraid of something.

But it’s clear Chuck Grassley is.

A week ago, he released a bunch of documents he read in Kash Patel’s confirmation hearing. They show that DOJ first opened a grand jury to investigate the fake electors plot on January 31, 2022. But FBI delayed two months, from February 12, 2022, at which point they had a draft opening Electronic Communication, to April 13, when they finally approved it. (I’ve included those dates in this timeline.)

The documentation shows that on both the FBI and DOJ side, top executives approved the investigation, as required by DIOG.

Grassley claims blah blah blah it’s not clear what about politicization, based on his debunked claims about Tim Thibault (claims that Jim Jordan’s committee debunked).

Remember: Tim Thibault is one of the three FBI Agents who opened an investigation targeting Hillary Clinton and the Clinton Foundation during the 2016 election cycle, based substantially on Peter Schweizer’s book. That’s the guy the right wingers have spun up as a raging lefty. That’s the guy who was involved in stalling the investigation of Trump for two months.

But the reason Chuck Grassley is sharing this is … mostly hot air, to justify Pam Bondi’s witch hunts.

And also to justify refusing to find out what Kash Patel is covering up about his 2022 grand jury testimony. Chuck Grassley appears to be using his own misrepresentations of Tim Thibault’s role in all this to refuse to support any inquiry into Kash’s grand jury testimony, apparently claiming that the entire Jack Smith investigation — both prongs of which were predicated long before he was hired — was thereby tainted. In a letter following up on that, Sheldon Whitehouse, Cory Booker, and Adam Schiff (but no one else, up to and including Dick Durbin) urge Grassley to reconsider his refusal to demand Kash’s grand jury testimony.

We write to object to Kash Patel’s continued refusal to provide members of the Senate Judiciary Committee information essential to our consideration of his nomination to be Director of the Federal Bureau of Investigation. Mr. Patel has repeatedly refused to discuss the testimony he provided to a federal grand jury investigating Donald Trump’s unlawful retention of classified documents, as well as his invocation of his Fifth Amendment privilege against self-incrimination. We regret that you have rejected our efforts to inquire into the first-ever invocation of Fifth Amendment protection by a nominee seeking to lead the FBI.

Democrats are trying to figure out what Kash Patel believed, in October 2022, that he had criminal exposure in an Espionage Act investigation.

And Chuck Grassley wants to use the fact that the FBI stalled the January 6 investigation into Donald Trump for two months as an excuse to refuse that.

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How Senate Judiciary Committee Dems Fucked Up the Kash Patel Nomination Hearing

I have always said I think it likely Kash Patel will be confirmed. But that shouldn’t have made yesterday’s confirmation hearing pointless. Democrats did that on their own, though a combination of inadequate preparation and absence of leadership.

Dems tried to demonstrate Kash’s manifest lack of fitness for the job in three ways:

  • Pointing to all the attacks on law enforcement he made on random podcasts
  • Probing his role in disseminating the January 6 choir
  • Dancing around his invocation of the Fifth in the Jack Smith investigation

Pointing to all the attacks on law enforcement he made on random podcasts

Kash dealt with the first line of attack — his incendiary comments on social media — by claiming that his comments were taken out of context.

The only time such claims made any sense, when he tried to spin his complaints about the January 6 response, should have led to detailed follow-up of all the ways his testimony conflicts with every other witness on January 6. Kash even, yesterday, doubled the number of National Guard he claims Trump authorized, a claim that is debunked by the testimony of multiple pro-Trump witnesses. And even if his claims were true (he blames and blamed Ryan McCarthy for the delay in Guard response on January 6) means that his own leadership was faulty. At the very least, committee Democrats should have asked whether he was implicated in Barry Loudermilk’s insinuation that the failure to deploy the Guard was contemptuous.

Similarly, when Kash disclaimed remembering far right podcast host Stew Peters and Dick Durbin noted that Kash had appeared on the show eight times, Durbin should have followed up and asked what kind of compromise such promiscuity could cause an FBI Director.

Probing his role in disseminating the January 6 choir

There were many questions about Kash’s role in promoting the January 6 choir — but in spite of a conflict with Adam Schiff over the meaning of “we,” no one ever got Kash explain who did do the rest (though Adam Schiff did state that Kash had done no due diligence before pushing the video).

This matters, because some of Kash’s buddies (including conspiracy theorist Julie Kelly) routinely make false claims about rioters, and finding the source of Kash’s false claims is important to his warped reality going forward.

But the entire thrust of these questions was hampered by the point I made here and here: they relied on a superficial understanding, based off press releases rather than court dockets, of who these people were.

Schiff asked Kash if he promoted a video showing assailants attacking FBI agents, would it make him unfit to be Director. Why not, then, focus directly on the gun that Barton Shively grabbed when probation officers showed up, precisely the kind of thing that has gotten FBI agents killed in recent years.

And if you want to persuade — or at least, embarrass — your Republican colleagues, why not make it clear that the violent rioters under discussion didn’t just attack cops, but they threatened to drag people like Chuck Grassley and Lindsey Graham through the streets? Kash didn’t just promote people who attacked cops, he promoted people who wanted to attack members of the Committee.

Dancing around his invocation of the Fifth in the Jack Smith investigation

It’s on Kash’s invocation of the Fifth that I’m most upset, because Democrats may have forfeited the opportunity to make this a scandal going forward.

It started strongly enough. Cory Booker first raised it, and got Kash to claim he wanted his grand jury testimony released, after which Booker tried — but failed — to get Kash to elaborate on his testimony. Later, Schiff returned to the question and asked whether he supported getting both his grand jury transcripts and any mention of him in Volume Two, which led to what were probably Kash’s angriest looks of the hearing.

But after that, in the second round, a number of senators returned to the issue, mangling the grand jury standard by falsely saying that if Kash consents to the release of the transcript it can be released, and focusing primarily on the transcript and not the report (the latter of which made his eyes bug out when Schiff raised it).

This is the kind of thing you need to coordinate! This is the kind of thing where the actual grand jury rules matter! This is the kind of thing where the McGann precedent matters! 

And this is the kind of thing that demanded a coordinated set of yes or no questions about Kash’s testimony, because yesterday’s hearing was the one opportunity Dems will ever have to force him to answer question about what he told the grand jury.

All the more so because, it appears, Dems haven’t done what they should have to make an issue of the report (I first described the import of it to this confirmation on January 13).

On Wednesday — literally the day before the hearing — Dems wrote a letter to Acting Attorney General James McHenry asking for the report. While the letter referenced Dick Durbin asking Pam Bondi about it buried on page 41 of her Questions for the Record, that question did not tie the request to the need to advise and consent on confirmations. Tuesday’s letter nevertheless pointed to that question to claim that Aileen Cannon should have known about it.

On January 23, 2025, the Committee issued a “Notice of Committee Nomination Hearing” for Mr. Patel, which is now scheduled for January 30, 2025. The Ranking Member of the Committee submitted on January 16, 2025, Questions for the Record (QFR) to Attorney General nominee Pamela Jo Bondi following her confirmation hearing, requesting that she commit to making Volume Two of the Special Counsel’s report available immediately for review to the Senate Judiciary Committee Chair, Ranking Member, or their designees.2

This formal request preceded an order issued several days later by a judge in the United States District Court for the Southern District of Florida that enjoined the Department from releasing or otherwise making available a redacted version of Volume Two of the Special Counsel’s report to the House and Senate Judiciary Committees. In the order, the judge erroneously stated that “[t]here is no record of an official request by members of Congress for in camera review of Volume II as proposed by the Department in this case,” despite the prior request which her order omits. The judge also concludes wrongly that the Department “identified no pending legislation on the subject or any legislative activity that could be aided, even indirectly, by dissemination of Volume II to the four specified members whom the Department believes should review Volume II now,” notwithstanding the Committee’s ongoing consideration of Mr. Patel and others’ nominations.3

2 Senate Judiciary Committee, Questions for the Record the Honorable Pamela Jo Bondi Nominee to be Attorney General of the United States, (Jan. 16, 2025), https://www.judiciary.senate.gov/imo/media/doc/2025-01-15_- _qfr_responses_-_bondi.pdf

3 United States v. Trump, No. 9:23-cr-80101, (S.D. Fla. Jan. 21, 2025) ECF No. 714 at 7; In addition, on January 13, 2025, Senator Dick Durbin, Ranking Member of the Senate Judiciary Committee and the other Democratic members of the Committee submitted a letter to then-Attorney General Merrick Garland “recogniz[ing[ the current injunction against the release of Special Counsel Smith’s report and related materials and reserv[ing] its right to request production of the report and relevant records at an appropriate future date.” Senate Judiciary Committee Letter Requesting Preservation of DOJ documents (Jan. 13, 2025), https://www.judiciary.senate.gov/imo/media/doc/Letter%20to%20DOJ%20on%20Records%20Preservation.pdf

This falls short of informing Cannon, however, and submitting an urgent request for the report in conjunction with this confirmation the day before the hearing is rather late, particularly since Grassley might try to push through the confirmation before the stated due date for the report, February 10 (which is still before Cannon’s injunction runs out).

Given Kash’s glare, I’m pretty confident that the report will suggest Kash prevaricated before the grand jury. I even suspect we’ll eventually get some semblance of the report (I also think DOJ’s efforts to fire everyone who might have a copy, on Friday, before they moved to dismiss the case against Walt Nauta and Carlos De Oliveira, on Monday, while a transparent attempt to prevent its release, may be inadequate to that effort).

I think that if the report comes out, it will become clear that the delay in releasing it served primarily to preserve Kash’s nomination chances. I think that it’s likely not to happen before he is confirmed, but I think if that happens after Kash’s confirmation, it can be made a key demonstration of the corruption inherent to Trump’s DOJ.

But Democrats have not done the things they needed to do to to make that a scandal.

Trump’s DOJ is involved in a cover-up as we speak, a cover-up designed to hide how the aspiring FBI Director was complicit in Trump’s efforts to retain classified documents in his insecure basement. But Democrats have not done what they need to do to impose a cost for that cover-up.

Kash disclaims the purge in process

Cory Booker was perhaps the bright spot of the day. In addition to first raising Kash’s role in the documents investigation, he got Kash to disclaim knowledge of a purge in process, in which at least six senior FBI agents were pushed out, during the hearing.

This is another thing that may be turned into a scandal going forward.

Compile this video

As this post makes clear, most of these Senators are quite proud of their testy confrontations with Kash. They’ve sent them out individually.

It’s not too late to make use of them. Democrats can and should put together three videos focused on each of these topics. Intersperse Kash’s claim to stand by cops with video of those he celebrated attacking them. Intersperse Kash’s disavowal of the Neo-Nazis he has been sidling up to with what he said on their shows. And make a video of all the times Kash claimed to want to release his testimony with a focus on the effort to cover it up.

Kash Patel is almost certainly going to be confirmed. And he will almost certainly be a catastrophic appointee. So Dems need to do far more than they did yesterday to impose a cost going forward on his pick — one that, especially, will make it easier to demonstrate the corruption of his installation.

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