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David Weiss’ Exhibit List Looks Like One Matt Gaetz or James Comer Would Assemble

David Weiss’ team has submitted its exhibit list for Hunter Biden’s Los Angeles tax prosecution (as well as their motions in limine, which were — with the exception of a request to exclude mention that Hunter paid his taxes in 2021 — mostly uncontested).

The exhibit list includes a number of things that were expected — including:

  • Almost 40 exhibits pertaining to Hunter’s ex-wife Kathleen Buhle and their contentious divorce
  • Documents pertaining to Jeffrey Gelfound, the accountant who did Hunter’s taxes in 2020, who will almost certainly be a key witness on the most serious tax evasion charges
  • Payment records to Lunden Roberts, Hunter’s expensing of which is one of the most compelling pieces of evidence of intentional tax evasion

But it also includes a number of frothy right wingers’ favorite documents.

There is a Tony Bobulinski email that incorporates the “10 for the Big Guy” email — possibly an attempt to show that Hunter didn’t object to that claim, a complaint that comes straight from Matt Gaetz during Hunter’s testimony.

The indictment makes much of the fact that Hunter cut his partners out of this deal; there are multiple pieces of evidence that show one reason he did was he didn’t like Bobulinski’s Russian ties, which if David Weiss wants to talk about Bobulinski’s Trump and Viktor Vekselberg ties, by all means, let’s have it.

In any case, it doesn’t relate to non-payment of taxes, particularly not in 2018.

There are two references to the SDNY Patrick Ho docket — apparently to the docket itself, not the filing that redacted the name of someone believed to be Hunter.

Hunter did get a huge payment from Ho, ostensibly to find legal representation for Ho’s case. At a time when CEFC was recruiting Trumpsters like James Woolsey, Ho also kept ties with Hunter who — in 2018 — could be of no use to him (which is why CEFC was instead focusing on Woolsey).

Ho has recently claimed — for the benefit of frothers in Congress — that Hunter did nothing for huge payment he got for arranging legal representation in this case. It’s a remarkable claim at this late date and would be still more remarkable if introduced in a tax case.

And finally, prosecutors have included an email that probably dates to 2015 regarding the consulting set up with Blue Star Strategies.

On top of the fact that 2015 is not a charged tax year (indeed, the indictment says Hunter declared his 2015 Burisma income) and DOJ reviewed this for years and years and never substantiated a FARA charge, it is likely one of the almost 10% of documents that Joseph Ziegler sourced to the laptop. As I described in this post, the email I have in mind showed up in somebody’s mailbox recognizing “Burisma” as “Burials.”

Prosecutors had moved, with no objection, to prohibit Hunter from arguing that the prosecution team got sucked in by a Russian influence operation (in context, it was a reference to Alexander Smirnov). But if they’re going to rely on one of the most anomalous emails, potentially one only available on a laptop suspiciously similar to the one Lev Parnas said was being dealt by Burisma, the question of Russian influence operation should remain on the table.

Of these documents, only the Ho payment is even directly relevant to the 2018 taxes. And each of these documents would create all sorts of discovery problems and mini-trials about misrepresentations of Hunter’s motive.

Prosecutors have not yet filed their 404(b) notice; perhaps they want to turn the non-crime of monetizing a famous name into a crime?

Or perhaps David Weiss simply wants to use his tax case to feed right wing frothers during an election season.

The House GOP is not Pining for the Fjords

House GOP Caucus meeting, October 20, 2023

Jordain Carney, Olivia Beavers and Sarah Ferris have a good rundown in Politico of today’s breakdown of the Republican party in the House of Representatives. Two bits leapt out at me. First, buried at the bottom of their column, was this:

In all, 122 Republicans voted to boot Jordan as their party’s nominee, while 86 said he should remain their choice, according to two people familiar with the private discussions. Five members voted present.

Note that this was a secret ballot, so while the public vote of the House showed only a couple of dozen votes against Jordan, a secret ballot proved Jordan could no longer get anywhere close to a majority of the House GOP caucus. Not even close.

The second bit was this, much higher in the piece:

Lawmakers now plan to leave Washington for the weekend as the next round of ambitious Republicans decide whether to mount their own speaker bids.

But most Republicans acknowledge that even with new faces to consider, they still have no clear path to uniting their splintered conference. They have already rejected two speaker candidates — Jordan and House Majority Leader Steve Scalise — as well as former Speaker Kevin McCarthy during this month alone.

Ponder those names for a moment . . .

McCarthy, the former speaker. Scalise, the former Majority Leader. Jordan, the founder of the Freedom Caucus and current Judiciary chair. Those are the #1, #2, and #2a members of the GOP leadership. And they — like the rest of the membership of the GOP caucus — do not like each other, and do not trust each other.

Welcome to life in a multi-party House, where the largest party does not have a majority, and the two other parties are too busy fighting over the name “Republican” for their caucus to get anything done, like selecting their own leader. The House is no longer a place where a majority rules, because there is no majority.

Germany understands this situation, as they’ve lived with it for decades. The conservative Christian Democratic Union (with their regional partners in Bavaria, the even more conservative Christian Socialist Union) [CDU/CSU] and the more liberal Social Democratic Party of Germany (SPD) are the two historically main parties, with a mix of minor parties alongside them including the Greens, The Left (former East German communists and disaffected SPDers), the business-friendly Free Democratic Party (FDP) and the walking-right-up-to-the-line-with-the-Nazis Alternative for Germany (AfD). Both in the federal government and the various states, governing is usually the work of a coalition, often led by the CDU/CSU or the SPD and filled in with a coalition partner or two.

But there’s one thing more the Germans could teach the folks in the House: despite growing electoral support for the far-right AfD, no other parties will include them in a coalition. Yes, adding them to a coalition could put your leader in power, but the cost of aligning you and your party with racism, xenophobia, Islamophobia, hatred of the EU, and historical revisionism is much too much for the leaders of the other parties. This has resulted in some incredible coalitions that one would never expect to see, but the alternative was an unthinkable coalition with AfD.

Which brings us to what’s been going on with the GOP in the House. McCarthy and others made their coalition with Jordan, Gaetz, and the far-right AfD-like folks, thinking they could blunt their harder edges and rougher policies. Note, though, that it took 15 ballots in January to get the far-right to contribute their votes. Finally, the far-right made their coalition with McCarthy, thinking they could roll him with their strong appeal among the base of the party. In the past month, Gaetz et al. decided that the price of the coalition was too much, and pulled the pin on the grenade he was holding within the caucus.

And today, the grenade went off. To borrow from John Cleese . . .

It’s not pining for the fjords! It’s passed on! This party is no more! It has ceased to be! It’s expired and gone to meet its maker!

It’s a stiff! Bereft of life, it rests in peace! If you hadn’t nailed it to the perch it’d be pushing up the daisies!

It’s metabolic processes are now history! It’s off the twig!

It’s kicked the bucket, it’s shuffled off this mortal coil, rung down the curtain and joined the bleeding choir invisible!!

THIS IS AN EX-PARTY!!

That’s what none of the folks in the Republican caucus want to admit in public. Their’s is an ex-party.

What is left in the House is Democratic party with a strong plurality of votes, and two smaller parties fighting over the rest. I don’t know what you would label these two small parties, I don’t know how many votes each group wields in the House, but I know this: they are two separate parties.

So one of two things has to happen. Either the two small parties will get together again — something that is increasingly unlikely — or the non-Jordan/Gaetz group will come to an agreement with the Democrats for a coalition to run the House. If it is the former, it is quite likely to be a very temporary arrangement, and we’ll be right back here again in short order.

I don’t know how long it will take to arrange a coalition between the Dems and the not-so-far-right of the former GOP. I don’t know what the terms of the coalition will be. (See here for a description of the 177 page document outlining the terms of a 2018 CDU/SPD coalition that took six months to hammer out.) I don’t know who will hold the gavels in the House and the various committees.

But I do know this: the House GOP has joined the choir invisible.

“JIM IS COMING FOR YOU:” Aspiring Speaker Jordan’s Stochastic Lynching as Oversight

[GRAPHIC CONTENT WARNING]

Because the way Capitol Hill beats work, the prospect of a vote that could put Jim Jordan second in line to the Presidency has focused on horserace.

To be sure, given the narrow margins and the historic incapability of Republican men to count votes, the horserace will be determinative. For example, to succeed, Jordan would not only have to win the support of most of the 55 people who voted against him last week in a secret ballot where he had no challenger, but if only 205 Republicans vote — as reportedly happened in that poll — then Hakeem Jeffries would be elected Speaker with the 212 Democrats expected to show up and vote for him.

But almost no reporting has focused on how catastrophic a Jordan Speakership would be — the earliest death knells of democracy that the election of Trump, which a Jordan Speakership would primarily serve, would guarantee.

What reporting there has been has focused on Jordan’s role, 30 months ago, in Trump’s attempted coup, which the January 6 Committee summarized this way:

Representative Jordan was a significant player in President Trump’s efforts. He participated in numerous post-election meetings in which senior White House officials, Rudolph Giuliani, and others, discussed strategies for challenging the election, chief among them claims that the election had been tainted by fraud. On January 2, 2021, Representative Jordan led a conference call in which he, President Trump, and other Members of Congress discussed strategies for delaying the January 6th joint session. During that call, the group also discussed issuing social media posts encouraging President Trump’s supporters to “march to the Capitol” on the 6th.661 An hour and a half later, President Trump and Representative Jordan spoke by phone for 18 minutes.662 The day before January 6th, Representative Jordan texted Mark Meadows, passing along advice that Vice President Pence should “call out all the electoral votes that he believes are unconstitutional as no electoral votes at all.” 663 He spoke with President Trump by phone at least twice on January 6th, though he has provided inconsistent public statements about how many times they spoke and what they discussed.664 He also received five calls from Rudolph Giuliani that evening, and the two connected at least twice, at 7:33 p.m. and 7:49 p.m.665 During that time, Giuliani has testified, he was attempting to reach Members of Congress after the joint session resumed to encourage them to continue objecting to Joe Biden’s electoral votes.666 And, in the days followingJanuary 6th, Representative Jordan spoke with White House staff about the prospect of Presidential pardons for Members of Congress.667

To be sure, in his role in the attack, Jordan exhibited utter contempt for democracy.

But what has gotten less attention is the degree to which Jordan has used his position chairing the Judiciary Committee and Weaponization Committee to serve the longer slow-moving attack on democracy.

A Jordan Speakership would undoubtedly escalate Jordan’s assault on rule of law generally and any prosecution of Donald Trump specifically. It would likely directly (by platforming Russian disinformation) and indirectly (by undermining further US aid) help Russia’s invasion of Ukraine.

Both would make it more likely Trump would win the 2024 election.

Indeed, that’s a telling aspect of Matt Gaetz’ comments when he first announced his (ultimately successful) attempt to depose Kevin McCarthy. Gaetz repeatedly complained that the House hadn’t yet subpoenaed Hunter Biden, and demanded that Republicans use “the power of the purse” to,

zero out the salaries of the bureaucrats who have broken bad, targeted President Trump, or cut sweetheart deals for Hunter Biden.

[snip]

Joe Biden deserves impeachment for converting the Vice Presidency into an ATM machine for virtually his entire family.

At least for Gaetz (who might well be rewarded with a gavel in a key committee, were Jordan to succeed), this is about shutting down investigations into Trump and fabricating investigations into Biden from the fumes of five year old dick pics.

There’s a specific aspect of Jordan’s actions, however, that deserves more attention in advance of tomorrow’s scheduled public vote: The degree to which Jordan has used the power of his gavel to engage in the same kind of stochastic terrorism that Trump uses to enforce his will.

I’ve already noted how the Gary Shapley media tour (in which Jordan cooperated with James Comer and Jason Smith) ended up getting the team of investigators, including ones still pursuing indictments of Hunter Biden, targeted. As Thomas Sobocinski — who continues to oversee FBI agents investigating Hunter Biden — explained in testimony in early September, the family members of his own team have been followed and AUSA Lesley Wolf has faced specific threats.

[T]his is affecting my employees. I now have FBI employees that names are out there. I have FBI employees and former FBI retired agents who’ve served for 20plus years whose parents are getting phone calls, whose photos with their girlfriends, who their children who are being followed. That is not something that we were prepared for, and I was concerned about having that continue or expand to other one of my employees.

[snip]

[W]ithout going into specifics, my office and the FBI have done things and initiated things to ensure that [Lesley Wolf] remains safe.

Again, some of these people are currently trying to indict Hunter Biden, and they’re getting swarmed by a mob teed up by Republican efforts.

In the recent Matthew Graves testimony, Graves repeatedly refused to name the members of his team because he knew the transcript would be made public, resulting in threats against prosecutors, on top of the ones DC prosecutors have already faced.

What I can tell you is, I’ve unfortunately had way too many instances of documents getting into the public domain that have our prosecutors’ names in them and me receiving what we call urgent reports about security concerns because of threatening or harassing behavior that they’re receiving … and that we’ve had to take steps for a number of people in our office to mitigate the risk.

Nevertheless, Jordan persisted, to his very last question to include those names in this transcript (I assume he’ll send out letters under their names, as he has with others involved in these investigations).

In the Tim Thibault interview, in which it became clear over time that Republicans had ruined the career and reputation of the guy who had led investigations into two Democratic members of Congress and single-handedly opened an investigation, in 2016, into the Clinton Foundation off of Clinton Cash based off the unsubstantiated claims of others trying to get payback, Thibault described not just how he was targeted — for which he accepted a good deal of the blame on account of his social media posts — but how others were impugned by association.

[T]hose two agents that worked on the Tony Bobulinski EC, I’m aware that they received significant backlash for only doing their job. Why? Because of my social media conduct and Mr. Bobulinski thinking I was a bad agent, that put them in a bad spotlight. Those are the guys that are the victims, the true victims. And no one came and spoke on their behalf. Right? They — they’re just line agents doing their darn job.

As one Democratic staffer noted, though none of 18 sources for such claims to Jordan’s committees have offered any corroboration for the claims, Jordan and his staffers nevertheless continued to push the claims to the media. “[T]he public push or allegations that were being sort of repeated by this committee never stopped.” Jordan is cultivating rumors about the FBI and other agencies to foster retaliation campaigns in the media.

His actions with Fani Willis are perhaps most telling. Jordan first started tampering in Willis’ investigation in August, though — perhaps having learned his lesson when he similarly tampered in Alvin Bragg’s case — he has chosen to send letters rather than subpoenas.

As is the norm for Jordan, his claims are based on conspiracy theories from biased sources. His most recent letter for example, dated to September 27, sources his claim that “there are credible reports” that Willis coordinated with Jack Smith to two articles, one ten months old.

Finally, there are credible reports that your investigation and indictment was coordinated with the Department of Justice and Special Counsel Jack Smith. 30

30 Josh Gerstein, Prosecutor in Trump documents case has history pursuing prominent politicians, POLITICO (June 13, 2023); Jerry Dunleavy, Trump special counsel Jack Smith was involved in Lois Lerner IRS scandal, WASHINGTON EXAMINER (Nov. 25, 2022). [links added]

Not even the propaganda outlet, Washington Examiner, supports Jordan’s claim. Neither of those stories even mention either Willis or Georgia.

Notably, Jordan doesn’t note that in his September 12 interview — an interview conducted just over two weeks before he sent this letter — Thibault denied interacting with Willis’ team four times: “No, ma’am. … Never. … Never. … No, ma’am.” Jordan doesn’t note that this particular conspiracy theory — which, even if true, would be squarely within the expectation that state and federal law enforcement can cooperate and share information — has not been substantiated by a guy who would have had firsthand visibility (though, because of the delay in predicating an investigation against the fake electors, only on the earliest parts of the DC investigation; Jordan did not, publicly at least, ask Steve D’Antuono this question during his June interview).

A far more important detail from these letters is in Willis’ first reply, dated September 7 (which she resent as part of her recent response). After laying out constitutional reasons why Jordan shouldn’t get involved and referring him, as a non-member of the bar, to where he could information on Georgia’s RICO law, she provides ways that the House Judiciary Committee could more usefully spend their time, such as on funding for victim-witness advocates.

She then notes that Jordan should show more concern about the safety of people involved in the criminal justice system — precisely the kind of people that Jordan has instead sown threats against.

As it seems you have a personal interest in the Fulton County District Attorney’s Office, you should consider directing the USDOJ to investigate the racist threats that have come to my staff and me because of this investigation. For your information, I am attaching ten examples of threats this office has received. See Exhibits F through O. I am providing these examples to give you a window into what has happened to my staff and me as I keep the promise of my oath to the United States and Georgia Constitutions and do not allow myself to be bullied and threatened by Members of Congress, local elected officials, or others who believe lady justice should not be blind and that America has different laws for different citizens.

As noted, she included a number of the threats she and her office have received. We always hear about such threats, but only get to see what they include if they get charged.

The dripping racism of many of these threats is breathtaking.

Of particular interest are the two threats sent on the same day that Jordan first targeted Willis, on August 24, especially the one that echoes things Jordan included in his letter — such as the paragraph in which Jordan argues Willis should have charged this in 2021 and since she didn’t was obviously just trying to impact the election. Even more notably, this threat appears to invoke Jordan’s campaign against Willis explicitly.

To the Biggest liar of A DA ever, WE ARE COMING FOR YOU FANI….. YOU TOUCH ANYONE ATTACHED TO TRUMP AND WE WILL BURN YOUR CITY TO THE GROUND WITH YOU IN IT. YOU ARE GOING TO GET REMOVED FROM OFFICE. IF THIS WAS REALLY A CRIME YOU WOULDVE DONE IT IN 2021. YOU ARE FAKE AS HELL. A DEMOCRATS PUPPET. YOU ARE ONLY DOING THIS TO KEEP HIM FROM RUNNING FOR PRESIDENT. WELL WE ARE GOING TO FUCK YOU U P. DON’T GO OUT AT NIGHT YOU BLACK BITCH, WE ARE GOING TO SEPARATE YOU FROM YOUR CAR & DRIVER. JIM IS COMING FOR YOU. HALLELUJAH!!!!, BUT HE’S ONLY GOING TO FIND A BODY …. [bold mine, all caps and other punctuation original]

This is, quite simply, the language of the lynch mob.

And if the taunt, “Jim is coming for you,” is, indeed, indication that the person who sent this threat had read Jordan’s earlier letter to Willis, it means it took just hours for Jordan’s threats, posing as oversight, to translate into violent racist threats against Willis, her daughter (in the other threat sent that day), and the entire city of Atlanta.

This is not new. Jordan has been sowing threats against Donald Trump’s enemies for years, since the focus on Peter Strzok and Lisa Page.

But even in his current position, Jordan is using his gavel as a means to tee up threats based on conspiracy theories, threats designed to make every single imagined opponent of Donald Trump worry about their careers, their safety, their life.

This week, Jordan will and already has been mobilizing similar mobs against his fellow Republican members of Congress in order to pursue even more power, an even bigger gavel.

Which is why all the stochastic threats Jordan has already mobilized deserve more attention.

The Utility of the Tim Thibault Smear for Insurrectionists

Back on September 12, when Matt Gaetz’ plan to depose Kevin McCarthy was a seeming fantasy, he appeared on CNN to complain that McCarthy’s concession to open an impeachment inquiry wasn’t enough.

Even as Abby Phillip repeatedly (and laudably) noted that there was no evidence to support an impeachment, Gaetz claimed he had been “deposing” retired FBI Agent Timothy Thibault that day and further claimed that, as part of a cover-up, the Foreign Influence Task Force had “designate[d] any derogatory information about the Bidens as foreign disinformation.”

GAETZ: I mean, come on, he was — wait, hold on. Can you just acknowledge it calls into the business deals, he’s involved? When he calls dinners, you don’t think that’s involvement?

PHILLIP: First of all, this is not about innuendo. It’s not about what I believe. It’s a question, do you have evidence? If you had evidence that Joe Biden was linked to Hunter Biden’s business deals in a way that is illegal, we wouldn’t be having this conversation. You would probably have the votes for an impeachment inquiry, but you don’t, because of people like [K]en [B]uck, and people like Don Bacon, and many others in your conference.

GAETZ: Yes. But on the substance, look, you want to talk about how long we’ve had the evidence, the FBI had Hunter Biden’s laptops in 2019. So, this inquiry isn’t just going to be into the Bidens and the bad things they’ve done, it’s also going to be into the cover-up, and we do have that evidence.

I was deposing Tim Thibault today. Today, I was asking questions about the roles of foreign interference task force to go and designate any derogatory information about the Bidens as foreign disinformation when that was part of a cover up.

PHILLIP: Congressman, let me just move on here because I’m going to reiterate to the audience, because we need to be clear, there is not evidence linking President Biden to anything illegal having to do with Hunter Biden.

It’s true that Gaetz was in the deposition of Thibault that day. But unlike Jim Jordan, who was the only other member of Congress recorded as having attended the deposition, Gaetz doesn’t appear to have asked a single question.

Jordan asked over 70 questions. The aspiring Speaker asked about:

  • Thibault’s efforts to predicate an investigation against the Clinton Foundation based on Peter Schweizer’s Clinton Cash in 2016
  • Two separate warnings the Washington Field Office got against using Schweizer — and the copy of “the laptop” he offered them — as a source in the Hunter Biden investigation in 2020
  • Thibault’s role, also in 2020, in fielding an effort by Tony Bobulinski to share his phones but not any personal content from his phones
  • Questions from Baltimore to DC about a new prong of the Hunter Biden investigation in 2022 (possibly a campaign finance investigation into Kevin Morris’ donations to Hunter Biden)

The deposition arose out of the same stream of right wing complaints to Chuck Grassley (one, two) that lie at the core of the Republican campaign against Hunter Biden. The only thing that rationalizes the campaign is that in 2020 Thibault liked a number of Randall Eliason columns critical of Bill Barr’s corruption and even criticized Dick Cheney:

Of course, Grassley’s known and likely sources say far more partisan things online all the time.

Nevertheless Chris Wray has, per his norm, let Thibault weather the attack campaign alone, treating him as the legitimate subject of scrutiny as they have Peter Strzok and Lisa Page and Brian Auten and Jim Baker — every FBI agent except those (like John Durham’s cherished Cyber agents) who help sustain conspiracy theories favored by Trump and his allies.

What I wanted was someone from the FBI — because they know the truth — was someone to defend me after 26 years. I understand they can’t defend every allegation that’s made, so — I wish they would have. Right? I didn’t have that. And so that’s how I felt was I just wanted a defense. And I’m not blaming the FBI, because if they would respond to accusations against FBI agents from the media, they would be doing that a lot. So I’m not special.

But, when those accusations were made against me in July, I was, like, outraged. Why — no FBI agent that I know would put their reputation and honor on the line just to square up. They wouldn’t do that.

From there, Grassley and Jim Jordan have built entire pyramids of conspiracy theories, claiming that the guy who opened the investigations against William Jefferson and Jesse Jackson Jr and who rushed to open an investigation based solely off Schweizer’s Clinton Cash in 2016 abusively intervened to shut down — all of it! — the Hunter Biden investigation in 2020. All because, after several warnings about Schweizer, Thibault didn’t ignore warnings that Steve Bannon’s close associate, Schweizer, could discredit the Hutner Biden investigation (at a time when Bannon himself was coordinating with Guo Wengui).

Over the course of most of a day, Thibault addressed one after another of these conspiracy theories. One reason why Thibault ordered two agents to shut down an informant — Schweizer has since confirmed it was him — was because Schweizer was a less defensible source for allegations against Hunter Biden at trial than whatever means by which — including, undoubtedly, the laptop passed on by John Paul Mac Isaac — Delaware had already gotten materials on Hunter Biden. Using Schweizer rather than the sources Delaware already had, “could harm a case. It could cause problems when you get to prosecution,” Thibault explained that the Supervisory Special Agent, Joe Gordon had informed him in early October 2020, “and to open doors for defense attorneys.”

Within days of Gordon’s warning that Schweizer was an unwelcome source, the head of the Public Corruption Unit contacted Thibault to raise other concerns about Schweizer. In an October 21, 2020 classified briefing, members of the Foreign Intelligence Task Force provided more context, not just on Schweizer. The two warnings, together, led Thibault to instruct two agents to shut down Schweizer, someone less credible than Christopher Steele.

That’s probably what led to the complaints to Grassley.

One of the agents, Thomas Olohan, wrote a long memo claiming that Thibault was biased against Trump, before he left the FBI to join the Heritage Foundation. The other, whom Thibault had earlier mentored and considered a friend, would do more than that, as we’ll see.

It would have been three and four days after that when Thibault exchanged calls with Stefan Passantino regarding whether they could selectively image Tony Bobulinksi’s phones, which Jordan found suspect because, in an attempt to shield the investigation, the FBI had Bobulinski speak to the Washington Field Office rather than Baltimore. Jordan repeatedly invented conspiracy theories about of efforts to protect the investigation into Joe Biden’s son.

Jordan’s staffers also focused on Thibault’s role, like that of everyone else in the DC area, in investigating January 6. Except for his minor role in drafting the memo opening the investigation into the fake electors in 2022, Thibault’s role in investigating the attack on the Capitol was limited to freeing up his agents to help deal with the initial surge. Again, Jordan recycled Grassley’s conspiracy theories to treat any FBI agent who didn’t focus primarily on Trump’s enemies as suspect.

Tellingly, however, Jordan and his staffers asked no question about how the same agent who tried to open Schweizer as a source bypassed Thibault, who considered her a friend, to try to chase down the Italygate conspiracy theory months after Richard Donoghue’s judgement that it was “pure insanity” was published.

[I]t first came to my attention when I got a call from — a call from this supervisor, Special Agent from CR-15, and he said: Look, my agents are trying to do an interview of a subject with regard to election fraud, and the subject is in Italy. And he told me that they had tried to get the Legal Attache Office in Rome to do the interview and that they had declined.

Then they had tried to get funding through FBI Headquarters, Public Corruption Unit, to travel over to Italy to do the interview of this person, a potential witness who was in jail. And so I just got briefed on that.

[snip]

So I got off the phone with them, and my next call was to the Public Corruption Unit chief at headquarters, and I said: Hey, what’s the problem with funding?

And he goes: Are you kidding me, basically.

And I go: No.

And he goes: Do you know that this is to support an opening of a case that’s been sent to the Public Corruption Unit as a draft?

I said: I don’t know about that.

[snip]

He’s assuming at the time that I would have seen this because … Because of the gravity of the allegation and what it meant, he couldn’t believe that I hadn’t been briefed on it. He actually thought, I think, that I was approving it —

[snip]

So the head of the Public Corruption Unit tells me that he has received an email forwarded to him from Public Integrity, and it contains a draft opening language, and he was shocked that I didn’t know about this. Because of the type of case it was, you would expect that the ASAC would be in the loop.

[snip]

[S]o I’m trying to do due diligence. And, look, this isn’t the ASAC’s job. But, at this point, I was sort of losing some confidence.

[snip]

Because I wasn’t told about this, and even in my — I wasn’t told about it, number one. But, number two, when I was having conversations with people about this, no one told me — they didn’t raise Italygate. I wasn’t told about what — the allegation that this had previously been reviewed by, like, the Deputy Attorney General had made that comment. I wasn’t provided situational awareness. Right?

[snip]

6 months later, people want to travel halfway around the world to talk to someone who’s in prison. Any FBI agents knows, number one, first of all, an argument can be raised — and it was raised by people when we were discussing this at the squad level: Well, Tim, we talk to people all the time that appear to have kind of whacky theories.

And I was, like: Yeah, we might. We might go down the road to Manassas and talk to someone about some whacky theory. On a low-level case, we do do that.

But I think, you know, the situational awareness that I was gaining as an ASAC and working consistently with headquarters and learning, that Public Corruption Unit chief was unbelievable in terms of his knowledge of foreign influence. I had the benefit of that information. The case agents here did not.

[snip]

[T]here’s a term in the Bureau I learned a long time ago. You’re either working a source, or they’re working you. I was concerned that there wasn’t an element of 267 savviness here on the agent’s behalf, that maybe this source was working her. Q In what way? A It just seemed to me that, you know, you’re going and you’re trying to open a case, but you haven’t asked the very basic questions, like who — I couldn’t understand how they were trying to work a case without — we’ve got all the resources in the Federal Government to find out if a breach of information or a breach of data had occurred. We’ve got CISA. We’ve got the NSA.

[snip]

I was concerned that there was a lack of investigative rigor and the judgment issue, yes, because I wasn’t allowed to intervene, you know, where an ASAC is there for to help guide. This isn’t how CR-15 works cases. I was on that squad. We’re the flagship public corruption squad in the country. This isn’t how it’s done.

Jordan and his staffers expressed no interest or concern that the Public Corruption team at FBI was chasing already discredited conspiracy theories halfway around the world.

In the aftermath of this incident, Thibault asked the supervisor of the squad what was going on. The response was that supervisors were raising concerns about uncharacteristic partisan discussions.

And he said that senior members of CR-15, he didn’t tell me who, but had raised concerns to him that there was uncharacteristically partisan discussions happening on the squad floor.

This is the DC public corruption group — as Thibault described it, “the flagship public corruption squad in the country.” And Thibault discovered the hard way that even agents he believed to be friends were going behind his back to chase the conspiracy theories Trump wanted to chase.

For Jordan, who could be second in line to the Presidency within days, this was all an exercise of finding something within attempts at revenge that would substantiate his belief that the guy who took down two Democratic members of Congress was biased against Republicans.

But for Gaetz — the guy whose coup creates the opportunity for Jordan to become Speaker — it was something else: an opportunity to sit silently so that he could spin a refusal to accept foreign dirt on Hunter Biden as cause to impeach his father.

With the exception of a detailed NYT report in May, the attack against Thibault has passed largely unnoticed in the mainstream press, even as frothy right wingers have continued to impugn yet another stuff lifetime Feeb as a partisan simply because he treated Trump just like he treated the Democratic members of Congress he pursued.

But this Grassley-to-Jordan conveyor belt of bullshit continues to churn away, turning disgruntled hacks with allegations but no evidence into the enforcement wing of their effort to weaponize government.

Big Kev Belittled

I just realized I’ve been so entranced by the shitshow Matt Gaetz created in the House I forgot to create a space where we could all laugh about it.

Kevin McCarthy has been removed as Speaker, with 8 Republicans voting to oust him. Patrick McHenry holds the gavel until someone figures out what comes next.

In the Senate as this was all going down, Democrats were making history as Laphonza Butler was sworn in to replace Dianne Feinstein.

In New York, Trump was slapped with his first (limited) gag order after he targeted the First Clerk of Judge Arthur Engoron.

As Tea Partiers were eating Kevin McCarthy’s face, Joe Biden rolled out Medicare drug price negotiations on ten key drugs.

Jury selection started in the Sam Bankman-Fried case.

The Fifth Circuit enjoined the Cybersecurity Information Security Agency from speaking with social media companies.

And somewhere way down the list of newsworthy events, Hunter Biden pled not-guilty.

In the End, the Leopards Who Launched the Durham Investigation Ate His Face

I’m visiting family, so my longer analysis of John Durham’s appearance before Congress will have to wait until the weekend. Here’s my live thread of the hearing.

The arc of the hearing should begin with Durham’s final answer (in response to an insane rant from Harriet Hageman, Liz Cheney’s replacement in Congress), in which Durham claimed that if people believed there is a two-tiered system of justice, the nation cannot stand.

Before he provided this answer, Adam Schiff, to whom many Democratic members deferred, had noted that in Durham’s comparison of Hillary’s treatment by the FBI with Trump’s in his report, Durham had completely ignored the way Jim Comey had tanked Hillary’s campaign, first in July and then again in October 2016. Durham had ignored, in his treatment, the most consequential events in the 2016 campaign, arguably the decisive set of events. (As I’ve noted, even CNN concluded that Durham’s actual evidence, as opposed to his conclusions, actually shows that even on other investigations, Hillary was treated worse than Trump.)

So Durham, after having been called out for ignoring the way the FBI may have decided the election against Hillary, nevertheless reiterated his false claim that he showed the FBI applying a two-tiered system of justice against Trump.

Then Durham said that if people believe his false claim, it will sink the nation. In his final answer, Durham effectively said that if people believe his false claim, it will sink democracy in the United States.

With that endpoint in mind, let’s review what happened leading up to it.

An important recurring theme from most Democrats is that Merrick Garland respected Durham’s independence. Democrats repeatedly got Durham to confirm that Garland had never interfered with Durham’s independence and even got him to endorse the independence of Special Counsels, generally. As I predicted, Durham’s testimony will undercut GOP efforts to interfere in Jack Smith’s ongoing investigations into Trump and some Republicans in Congress.

Democrats also repeatedly laid out how Durham had spent $6.5 million and found no new crime.

A really central moment came — in advance of a procedural vote to censure Schiff on the floor — where Schiff laid out that his prior claims about the Russian investigation all proved true. Both with Trump’s public call for Russia to find Hillary’s emails and Don Jr’s enthusiastic acceptance of an offer of dirt on Hillary, Trump invited Russia’s help. He got the help he asked for in the form of further hacking of Hillary. And Trump made use of it, by relying on the stolen emails over and over again.

At one point, Schiff said that if you don’t want to call Paul Manafort handing internal campaign information to a Russian spy “collusion,” then you could just call it Republicans cheating with the enemy.

In another exchange, Schiff laid out how George Papadopoulos’ prediction of help from Russia came true, in the form of the release of stolen emails via cut-outs. Durham (whose claim to be aware of Trump’s emails and public news coverage was selective throughout), claimed to have no awareness that the Russian operation released stolen emails via three different cut-outs — dcleaks, Guccifer 2.0, and WikiLeaks. He had no idea, about that, he claimed!

In short, the Durham hearing gave Schiff (and others, but especially Schiff) several opportunities to lay out just how damning the Mueller investigation results were, particularly as compared to Durham’s own flimsy outcome. Each time, Durham claimed ignorance of key details of the Mueller Report.

That said, Durham was under oath. Throughout the hearing, he stopped short of making claims that he had — while still a prosecutor with near-total immunity — made in his report. For example, Durham did not state, in the hearing, that Hillary had a plan to frame Donald Trump, as opposed to simply pointing out his very real Russian ties.  He even, in the hearing, acknowledged that Igor Danchenko did not hide his ties to Charles Dolan, when asked. MoJo is out claiming that Durham lied under oath, but the way Durham backed off key claims he made in his report is far more telling about his witting actions. The claims Durham did not repeat under oath are the ones deserving of further scrutiny.

Which brings us to the three MAGAt members of Congress who questioned Durham after a break for votes, too late for any Democrat to rebut Durham.

First, there was Hageman’s rant.

Then, Andy Biggs stated as fact that there were crimes Durham had not prosecuted, including immigration crimes by Igor Danchenko. Biggs also stated that, “the division in this country, I can trace back, it is the Steele dossier paid for by Hillary Clinton.” Of course, the Durham Report provided yet more evidence that the disinformation in the dossier came from Oleg Deripaska, so I guess Andy Biggs is congratulating Deripaska for the damage that he did to the country. And doubling down on that damage.

The most heated challenge to Durham, however, came from Matt Gaetz (again, after a half-hour break for votes; somehow Gaetz got two chances to question Durham). Gaetz demanded to know how Durham was unable to find Joseph Mifsud — the guy whose comments to Trump’s Coffee Boy started this whole investigation — for an interview, even after Durham patiently described that no US prosecutor can demand subpoena compliance for suspected Russian spies located overseas. Durham described that, as happened with former counterintelligence investigative subject Sergei Millian, Mifsud’s lawyer refused to disclose Mifsud’s location.

In response, Gaetz accused Durham of being part of a cover-up.

Durham was like the Washington Generals, Gaetz accused, paid to lose the game. Because Durham couldn’t find someone against whom the SSCI Report showed ties of Russian intelligence ties, Gaetz suggested that Durham had, from the start, planned to cover up a Deep State operation against Donald Trump.

This whole thing was an op. This wasn’t bumbling fumbling FBI that couldn’t get FISA straight. This was an op. It begs the question whether you were really trying to figure that out.

As he did in response to a parallel line of questioning from Cori Bush and even Jerry Nadler, Durham insisted on the good faith of his team. He talked about the four years he spent away from his family to conduct this investigation that made America less safe.

I don’t doubt he believes his team engaged in a good faith investigation. As he said, sometimes confirmation bias can undermine even good faith actions.

The Durham investigation was kicked off in 2018 when a bunch of Tea Partiers like Gaetz gave Papadopoulos an opportunity to float conspiracy theories in the Congressional record. That’s literally what sent Durham and Barr on a junket together to Italy, the failed attempt to find Joseph Mifsud that Gaetz presents as proof that Durham was just part of a Deep State plot.

Durham ended his investigation with the leopards who kicked it off eating his face.

I’m not happy that more of Durham’s lies weren’t exposed at today’s hearing. The hearing could have been far more effective, as an effort to get to the truth.

But I can think of no more fitting way to end Durham’s four year effort to chase the conspiracy theories of George Papadopoulos than to have Matt Gaetz accuse him of being part of a Deep State op.

Durham set off in 2019 to chase down the conspiracy theories of people with close ties to Matt Gaetz. And Durham ended it by having Gaetz accuse Durham of the same things of which Durham accused others.

The leopard always eats your face.

Update: Fixed which Washington team intentionally loses rather than does so as the result of the right wing owner’s ineptitude.

Feds Charge the Deciding Vote That Made Kevin McCarthy Speaker

I have to admit I was wrong about something.

For most of Nancy Pelosi’s period as the Democratic Leader in the House (whether Speaker or Minority Leader), I mocked the way that Republican leaders in the House could not count votes without her help. I continued that mockery as Kevin McCarthy struggled to win the Speakership through 15 rounds of voting, until he won finally because six radical Republicans, including Matt Gaetz and Andy Biggs, voted present rather than against McCarthy finally.

But since then, McCarthy has managed a series of close votes with far greater success than Paul Ryan or John Boehner. Most remarkable was the vote on April 26 to hold the debt ceiling hostage, which Republicans passed with 217 yes votes, 215 no votes (including a handful of GOP flamethrowers, including Biggs and Gaetz), and 3 people — two Democrats and one Republican — not voting.

It undoubtedly surprised President Biden as well. He seemed to be counting on continued GOP dysfunction and so didn’t fully prepare a Plan B if the GOP unexpectedly learned to count votes.

That’s important background to the news — first reported by CNN — that EDNY has charged George Santos.

No one yet knows what the charges are (besides that there was a whole bunch of fraud involved). The abrupt departure of first Santos, then his staffers, from their office yesterday is the most we have to go on right now.

Federal prosecutors have filed criminal charges against New York Rep. George Santos, the Republican lawmaker whose astonishing pattern of lies and fabrications stunned even hardened politicos, according to three sources familiar with the matter.

Santos is expected to appear as soon as Wednesday at federal court in New York’s eastern district, where the charges have been filed under seal.

The exact nature of the charges couldn’t immediately be learned but the FBI and the Justice Department public integrity prosecutors in New York and Washington have been examining allegations of false statements in Santos’ campaign finance filings and other claims.

The congressman’s attorney declined to comment. Spokespeople for the Brooklyn US Attorney’s Office, the Justice Department and the FBI declined to comment.

Santos was en route back to New York Tuesday night, skipping House votes for the evening, according to a source familiar.

A spokeswoman for Santos, Naysa Woomer, would not respond to shouted questions from reporters Tuesday afternoon and abruptly departed the congressman’s DC office with her backpack when asked about the federal charges against him. Prior to her departure from the office, CNN witnessed three staffers for Santos abruptly depart with their bags. They wouldn’t talk when pressed for comment.

NYT reports the staffers have been told to stay away from the office today, as well, which may well be an attempt to give Santos time to read the charges and determine his own next steps.

All this developed while McCarthy was meeting with Biden and other Congressional leaders on the debt ceiling. The meeting did not go well — in part because McCarthy accused Biden of lying when he said that to accomplish the cuts McCarthy demanded would include cuts to Veterans benefits. McCarthy came out of that meeting to the news of the adverse verdict against Trump in New York and the Santos charges.

Regarding Santos, the Speaker said he would not force Santos out of Congress unless he were convicted, which could leave a lame duck member in the seat for months or the balance of Santos’ term.

But, again, no one knows what the charges are, nor do they adequately account for the possibility that some of the conduct could include the Ponzi scheme in which Santos had previously been involved or his significant financial relationship with Andrew Intrater, long suspected of serving as a proxy for his sanctioned cousin, Viktor Vekselberg. When someone has committed as much apparent fraud as Santos has, there’s no telling what the real story behind all that fraud is.

So either McCarthy moves forward with the support — both for his Speakership and for his hostage-taking — of someone under active criminal investigation. Or McCarthy does something to trigger a vote on his continuation in that role.

I’m not, this time, going to underestimate McCarthy’s ability to count votes or his willingness to capitulate to the most radical extremists in his caucus. But that’s sort of the point: McCarthy is not just owned by Marjorie Taylor Greene at this point, he is owned by whatever alleged crimes imposter Congressman George Santos has committed.

“An Entire Universe of Malfeasance, Corruption, and Depravity:” Joel Greenberg Promotes the Value of His Snitching

Joel Greenberg — the Roger Stone and Matt Gaetz associate who pled guilty in May 2021 to trafficking a minor, identity theft, wire fraud, stalking, and conspiracy — will be sentenced on December 1.

(h/t to Sandi Bachom for the screen cap of Gaetz’s tweet)

In accordance with a schedule set in July, when Greenberg last extended his sentencing date to expand the time he could cooperate with the government, DOJ submitted its 5K letter (in which it tells the judge how much credit Greenberg should get for his cooperation) on November 10. The government submitted its sentencing memorandum yesterday.

Greenberg’s sentencing memorandum was initially due yesterday as well, but his attorney, Fritz Scheller, got an extension until next Monday, in part so he could submit this response to the 5K letter.

Judge Gregory Presnell set a pre-sentencing hearing for November 30 to hear arguments about the proper guidelines to apply.

The government sentencing memorandum — which repeatedly seems to express amazement at how Greenberg kept criming even as he realized the government was hot on his trail — is worth reading on its own. Here are some highlights:

Greenberg had only just gotten started in his efforts to defraud the Tax Collector’s Office to fund his personal cryptocurrency purchases.

[snip]

In January 2019, Greenberg told one of his family members that he was in “big trouble” and asked for $200,000. Id. at ¶ 102. Rather than repay the Tax Collector’s Office what he had obtained through his fraud, however, Greenberg used those funds to purchase more cryptocurrency for himself.

[snip]

The one thing that Greenberg did not do, however, was stop his fraud. Greenberg continued to defraud the Tax Collector’s Office to obtain funds to purchase cryptocurrency for himself. His only reaction to the federal investigation was to alter his scheme.

[snip]

As part of this scheme, Greenberg continued to sell the cryptocurrency machines that he had purchased with Tax Collector’s Office funds. In addition, Greenberg used some of the machines to mine cryptocurrency for himself. As part of those efforts, Greenberg used Tax Collector’s Office funds to build a server room in his personal office, and he operated some of the machines at the Lake Mary branch. Id. at ¶ 134. Because of how those machines were daisy chained together at the Lake Mary branch, they started a fire that damaged the machines and the branch office.

[snip]

After he was released on pretrial supervision, Greenberg continued with his scheme, executing an SBA loan agreement for $133,000 only a day after he was ordered by a United States Magistrate Judge not to commit any new offenses.

It all feels like a Coen Brothers movie. Sex with minors, ecstasy, rat-fucking, and flaming cryptocurrency servers.

With regards to Greenberg’s cooperation, one of his crimes — stalking — deserves particular attention. When someone filed to run against him as tax collector, Greenberg manufactured a claim that his opponent was sleeping with a student.

In the midst of defrauding the Tax Collector’s Office, Greenberg added stalking to his repertoire of criminal activity. See id. at ¶¶ 138-147. On October 4, 2019, an individual who was a teacher at a school, filed to run for the elected office of Seminole County Tax Collector in 2020, against Greenberg. Id. at ¶ 138. In retaliation, Greenberg caused nine letters to be sent to the teacher’s school. The letters falsely represented that they were being sent by an anonymous “very concerned student” who had information that the teacher had engaged in sexual misconduct with a particular student. Id. at ¶ 139. The following month, in November 2019, Greenberg set up a Facebook account that falsely claimed to belong to a “very concerned teacher” at the school. Using that account, Greenberg made similar false allegations to the ones previously made in his letters. Id. at ¶¶ 143-145. Further, he created an imposter Twitter account, using the name and photograph of his political opponent, without the teacher’s knowledge or consent. Greenberg then published, using that account, a series of racially motivated posts that he falsely represented were being made by the teacher, and representing that the teacher was a racist. Id. at ¶ 142.

This is classic Republican projection and rat-fuckery. But it is also a really damaging confession for anyone who might want to turn snitch in the future.

I’m sure Greenberg knows all sorts of things about what his sleazeball buddies have done and shared some of it with prosecutors. But the fact that Greenberg manufactured false allegations against someone would make him really easy to discredit as a witness about anything for which there wasn’t a whole bunch of independent documentation. Prosecutors use fraudsters as cooperating witnesses all the time, but to do so they need a bunch of corroboration, because otherwise jurors aren’t going to believe the claims of someone who confessed to manufacturing false claims for personal gain in the past.

With that said, I wanted to look closer at the sentencing dispute. Greenberg thinks his cooperation has been more valuable than the government has given him credit for. Partly, that’s because he thinks he should get a 4-level reduction for each of what he says are seven prosecutions he has been a part of (or will be as downstream conspiracy prosecutions progress or would have been had the defendant not died), rather than the 10-level reduction the government says he should get for all his cooperation. Partly, he thinks the mandatory 2-year minimum for the identity theft he pled to, which would be consecutive to his other sentence, should be set aside given his cooperation.

But as Greenberg’s and all other plea agreements make clear, he doesn’t get to decide.

[T]he defendant understands that the determination as to whether “substantial assistance” has been provided or what type of motion related thereto will be filed, if any, rests solely with the United States Attorney for the Middle District of Florida, and the defendant agrees that defendant cannot and will not challenge that determination, whether by appeal, collateral attack, or otherwise.

It’s solely up to the government to decide. And here’s what the government thinks of Greenberg’s cooperation:

In summary, the defendant has provided truthful and timely information to the United States which, in part, resulted in the charging of: two individuals involved in a conspiracy to provide bribes and kickbacks to the defendant,2 one individual involved in a conspiracy to submit false claims to the SBA and to bribe an SBA employee,3 and one individual involved in a conspiracy to defraud the Tax Collector’s Office.4 In addition, the defendant has provided substantial assistance on other matters discussed in the sealed Supplemental Memorandum Regarding Defendant’s Cooperation.

The United States has acknowledged the value added as a result of the defendant’s cooperation, and to reflect the significance of his assistance, the United States has moved for a 10-level reduction in his offense level. This is however, where his mitigation and reasons for any type of reduction in offense level should end. Considering all of the above referenced information including (1) the nature and circumstances of the instant offenses, (2) the defendant’s history and characteristics, and (3) the need for the sentence imposed to provide just punishment, adequate deterrence, respect for the law, and protection of the public, the United States respectfully submits that no downward variance is warranted.

It’s the “substantial assistance on other matters discussed in the sealed Supplemental Memorandum Regarding Defendant’s Cooperation” we’re all particularly interested in, what, in Greenberg’s response, he calls “an entire universe of malfeasance, corruption, and depravity.”

I’m sure it is.

I’m sure it is.

This is the stuff, including the Gaetz sex trafficking allegations, that has shown up in the press.

Most recently, it showed up — with an on the record quote from Scheller boosting the import of Greenberg’s cooperation — in a NYT story on multiple January 6 prosecutors’ investigation of the ties between January 6 and the 2018 Stop the Steal effort.

In recent months, prosecutors overseeing the seditious conspiracy case of five members of the Proud Boys have expanded their investigation to examine the role that Jacob Engels — a Florida Proud Boy who accompanied Mr. Stone to Washington for Jan. 6 — played in the 2018 protests, according to a person briefed on the matter.

The prosecutors want to know whether Mr. Engels received any payments or drew up any plans for the Florida demonstration, and whether he has ties to other people connected to the Proud Boys’ activities in the run-up to the storming of the Capitol.

Different prosecutors connected to the Jan. 6 investigation have also been asking questions about efforts by Mr. Stone — a longtime adviser to Mr. Trump — to stave off a recount in the 2018 Senate race in Florida, according to other people familiar with the matter.

Mr. Gaetz, Republican of Florida, participated in the 2018 demonstration, but the extent and nature of his involvement remain unclear.

Fritz Scheller, a lawyer for Joel Greenberg, a local Florida tax collector who is cooperating with the government in an investigation into Mr. Gaetz, declined in response to questions to discuss the specifics of what his client told the authorities about the 2018 incident. Still, Mr. Scheller said, “A significant aspect of Mr. Greenberg’s cooperation has been his assistance in matters involving efforts to subvert the democratic process.” [my emphasis]

What is going on overtly in this sentencing dispute, with Greenberg arguing for the value of his cooperation, likely parallels what has generated a lot of press coverage (particularly about any sex trafficking case against Gaetz) in recent years. We likely got stories about “an entire universe of malfeasance, corruption, and depravity,” including the expectation that Gaetz would be indicted, because those close to Greenberg were trying to raise the value of his cooperation in the public sphere and pressure prosecutors for an indictment of Gaetz, which would have increased the credit he’d get for cooperating, another 4-level sentencing reduction, Greenberg says it would have gotten him.

None of that’s to say that Greenberg’s cooperation hasn’t been corroborated (on some points) or valuable: The government explicitly says he was “truthful” and uses the phrase, “substantial assistance,” that prosecutors use to describe real meat, often meat that they expect will lead to indictments.

It’s just that at this moment, the first time the government has been able to say publicly how valuable they think Greenberg’s cooperation is in the face of all the sex, ecstasy, rat-fucking, and flaming cryptocurrency servers that Greenberg pled guilty to, they say all that truthful and substantial assistance doesn’t outweigh the fraud as much as Greenberg would like it to.

None of that says Gaetz is in the clear, though the report that federal prosecutors won’t charge him for the sex trafficking because, “a conviction is unlikely in part because of credibility questions with the two central witnesses,” accords with what we see in the sentencing memo. Greenberg would have particular credibility problems on that count because Greenberg manufactured a claim of sex crimes in the past.

That said, I find it interesting that Gaetz decided, at the last minute, not to attend Trump’s rally in Florida last night, purportedly because of rain that wasn’t affecting travel in the least. And in Scheller’s motion for an extension, he described five hours of work with federal and state prosecutors (which may or may not relate to Greenberg), but also resolving an unexpected issue that might impact Greenberg’s sentence.

Because of the recent tropical storm (Nicole) and associated federal and state court closures on November 9 and November 10, as well as the federal holiday on November 11, 2022, the undersigned has had multiple case matters continued to this week. Indeed, today the undersigned has already spent five hours in both state court and in an extensive proffer with the Government.

[snip]

Additionally, the undersigned is currently in the process of resolving an unexpected issue (both today and tomorrow) that could impact Mr. Greenberg’s sentence.

So there may be recent developments of interest, developments that had to wait until courthouses could be opened after rain that was affecting travel.

I hope we’ll get a slew of new titillating new stories about Joel Greenberg’s universe of malfeasance, corruption, and depravity when that sealed cooperation memo is unsealed (or, better yet, if it leads to indictments). But for now, the advent of this sentencing dispute is a helpful reminder that the motives that drive reporting often require overselling the value of the testimony of an admitted fraudster.

Constructive Action: Make It Rain [UPDATE-1]

[NB: check the byline, thanks. Updates will appear at the bottom of this post. /~Rayne]

For more than a year news media have indulged in conventional wisdom about a mid-term election, insisting that the president’s party will lose seats in Congress.

Never mind 2018’s blue wave, though — a tsunami during which Democrats took control of the House by 40 seats.

News media have interspersed this with their easy go-to, the time-worn “Dems in Disarray” bullshit, refusing to frame the lack of traction on Biden agenda legislation as continuing obstruction by the GOP which retains a stranglehold on half the Senate.

Never mind the deliberate and overt GOP obstruction throughout Obama’s two terms in office, or the votes of GOP’s congressional caucus to obstruct the certification of 2020 election after a GOP president whipped up an insurrection under news media’s gaze.

Don’t readily accept news media’s positioning on Congress going into the mid-term elections, the same media which lost its way during Trump-Bannon flood-the-zone-with-shit era.

We can make our own flood. We can make it rain.

~ ~ ~

That nasty Floridian GOP hairpiece with a mouth, Matt Gaetz (FL-1), decided to puff up his ego and stir up shit by bullying a Latinx teen from Texas, Olivia Julianna.

He implied only unattractive women are concerned about reproductive rights.

He had absolutely no fucking idea what kind of wasp nest he stuck his puny dick in.


She went after him as he continued his bullying.


She didn’t back down.


Olivia began fundraising for reproductive health care.


She even thanked the Florida Man.


State and national media interviewed her, and fundraising snowballed.

Until this evening’s benchmark:

This 19-year-old GenZ for Change activist didn’t take crap from obnoxious Matt Gaetz lying down. She tore after him using her heightened media profile to raise money for a cause she believes in.

Olivia Julianna made it rain. You can help her make it rain, too. Piss all over Gaetz’s parade.

~ ~ ~

Speaking of piss, the GOP Senate caucus decided to urinate on veterans and their health care needs:


They didn’t just block the Promise to Address Comprehensive Toxics Act (PACT Act), they celebrated it.


Satirist-entertainer Jon Stewart was infuriated.


Stewart’s rage might make it rain.

But I know you can make it rain by supporting VoteVets’ endorsed candidates.

~ ~ ~

Pennsylvania is a good news/bad news story.

The good news: a new poll shows PA Senate Democratic candidate Lt. Gov. John Fetterman kicking carpetbagging Republican candidate Mehmet Oz in the ass.

The bad news: three Pennsylvania counties — Berks, Fayette and Lancaster — are still screwing with primary election results, setting a negative tone ahead of the mid-term elections. A court hearing began Thursday, documented in this Twitter thread:


All three counties are strong/solid GOP. The congressional districts they’re in — PA-09, PA-11, PA-14 — have been tweaked slightly during redistricting since the state lost a House seat.

One of these districts, though, has NO Democratic candidate running:

PA-09
Dan Meuser (Incumbent) (GOP)
Amanda Waldman (Dem) — grossly underfunded

PA-11
Lloyd Smucker (Incumbent) (GOP)
Robert Hollister (Dem) — also grossly underfunded

PA-14
Guy Reschenthaler (Incumbent) (GOP)
No candidates filed for the Democratic Party primary

It not only makes zero sense why Berks, Fayette and Lancaster counties are refusing to certify their primary elections, but no sense why the Democratic Party hasn’t provided more funding to the Democrats in PA-09 and PA-11, and why there’s no Democratic candidate in PA-14

Furthermore, it makes no goddamned sense why the Democratic Congressional Campaign Committee is throwing money at a MAGA GOP candidate in Michigan’s MI-03 Grand Rapids area district, while there’s inadequate funding and no candidate in three of Pennsylvania’s House races while Fetterman may help all down ticket races in what looks to be a mounting wave election.

Somebody make it rain for Amanda Waldman and Robert Hollister in PA-09 and PA-11. Force the GOP incumbents to work for their seats since they’re not doing much else for Pennsylvanians.

Make it rain in PA-14 by recruiting a Democrat for write-in, if that’s still a possibility.

~ ~ ~

I smell petrichor, do you?

Consider this an open thread.

~ ~ ~

UPDATE-1 — 12:30 P.M. ET — 29-JUL-2022 —

Olivia Julianna published a statement with an ask:

It’s not enough to fund reproductive health care while reproductive rights remain at risk and stripped away in some states.

Make it rain for the reproductive rights champions.

Democratic Governors’ Association Protect Reproductive Rights Fund at ActBlue

WI: Re-elect Gov. Tony Evers
MI: Re-elect Gov. Gretchen Whitmer and AG Dana Nessel
IL: Re-elect Gov. JB Pritzker

PA: Elect Josh Shapiro and John Fetterman and Austin Davis as Lt. Gov.
GA: Elect Stacey Abrams and Raphael Warnock
TX: Elect Beto O’Rourke and Mike Collier and Rochelle Garza
OH: Elect Tim Ryan
NC: Elect Cheri Beasley

A White Board of the Sedition-Curious

Contrary to what a lot of people imagine, I don’t keep visual representations — like some cork board with a bunch of strings attached — of the investigations I follow, not even the sprawling January 6 investigation. Instead, I just try to capture important developments here, where I can refer back to them. There are several such relationships unpacked in recent weeks.

Roger Stone and Stewart Rhodes bug out at the same time after insurrection

For example, a bunch of people have asked me what I make of the WaPo report based on video taken by some Danish journalists who were filming a documentary of Roger Stone on January 6.

As you read it, keep in mind that the Get Me Roger Stone video team was following Roger Stone during key periods of 2016, including at the RNC.

Mueller at least attempted — as Stone feared Mueller would in real time — to mine the video for clues about Stone’s activities. For example, in one of the same email chains where Stone told Randy Credico to “do a [Frank] Panta[n]gel[i],” he and Credico were panicking about what Get Me Roger Stone writer Morgan Pehme was saying about 2016.

So even assuming Roger Stone wasn’t engaged in his everyday type of performance when being filmed for these film-makers, he would be acutely aware of the legal hazards of having a documentary team following around while crimes were being committed.

That’s why the report is most interesting for the times when Stone made sure to ditch the camera team: at precisely the time of a key Proud Boy planning meeting, during a meeting that Joshua James may have reported in on, and as the riot unfolded at the Capitol.

For example, the videographers did not track Stone when he left the hotel at 9PM on January 5 with Sal Greco.

At about 8:50 p.m. on Jan. 5, after the Danish filmmakers had left him, Stone exited the Willard again with his bodyguard, off-duty New York City police officer Sal Greco, a live-stream video shows. Their destination was unclear, though Stone had said he had a 9 p.m. appointment to have his hair dyed.

Just minutes after that — just before 9:17 PM — Joe Biggs and Ethan Nordean were meeting with as-yet unidentified people putting together their plan for the riot.

Then there was a meeting with Bernie Kerik at 10AM at the Willard; hotel staff prevented videographers from watching that meeting.

The filmmakers told The Post that Stone appeared to change his plans after an encounter in the Willard lobby around 10 a.m. with Bernard Kerik, a former New York City police commissioner working in Giuliani’s command center at the hotel. The filmmakers began recording their conversation but were forced to leave by hotel staff. It is unclear what was said.

There’s good evidence that Joshua James checked in with Michael Simmons before and after that meeting.

Finally, Stone blew off the videographers from just before the Proud Boys kicked off a riot until almost the moment both Stone-related militias stood down.

At about 12:40 p.m., some ofStone’s guests left his suite. Stone’s team and the filmmakers agreed to separate for lunch and then reconvene two hours later. Stone planned to speak at a smaller rally near the Capitol later that afternoon.

But as the filmmakers ate in their hotel room, they saw news footage of a riot escalating at the Capitol. Around 2:30 p.m., Guldbrandsen headed out to capture the scene while Frederik Marbell, the director of photography, rushed to Stone’s room.

“Kristin Davis opened the door and said that Roger was taking a nap, so I couldn’t film,” Marbelltold The Post.

Outside the room, Marbell attempted to reach Stone by text message starting at 3:03 p.m. The messages went unanswered for 24 minutes, when Stone responded and offered to go to Marbell’s room.

By about 4 p.m., with the Capitol in chaos, Stone had still not arrived at Marbell’s room. Marbell returned to Stone’s room and began knocking. About five minutes later, room service arrived and Marbell snuck inside, he said.

“Roger was not taking a nap. He was on the phone with someone,” Marbell said.

Stone condemned the riot to the filmmakers at 4:18 p.m., saying: “I think it’s really bad for the movement. It hurts, it doesn’t help. I’m not sure what they thought they were going to achieve.

These are like Stone’s July 2016 meeting with Nigel Farage at the RNC: The stuff he knew well to and did hide from the camera. That’s where the sweet spot of Stone’s interactions are.

All that said, the report shows that key Stone actions the camera team captured exactly map the known central events of the planning for the insurrection.

For example, Stone put together a Friends of Stone Signal list, including Enrique Tarrio, once it became clear Trump had lost. That fed Flynn’s efforts.

He told them to monitor a group chat on the app Signal titled “F.O.S.” — friends of Stone. Tarrio of the Proud Boys was among the group’s members, a later shot of Stone’s phone showed.

[snip]

On Nov. 5, Stone drew up a Stop the Steal action plan that was visible on Alejandro’s laptop in footage captured by the filmmakers. As protesters were mobilized, the plan said, state lawmakers would be lobbied to reject official results. That tactic later proved central to Trump’s efforts.

Also that day, Stone had a 15-minute call with Flynn, the video shows. He told Flynn they could “document an overwhelming and compelling fraud” in each battleground state and urged him to spread the word on social media. That day, Flynn, Trump’s campaign and his sons Donald Jr. and Eric began using #StopTheSteal on Twitter.

Just after this mobilization, both Tarrio and Biggs started calling for civil war.

Later that month, Stone was coordinating with Mike Flynn and Ali Alexander.

Stone moved quickly after Trump’s defeat to help mobilize the protest movement that drew thousands to the nation’s capital on Jan. 6, 2021, The Post found. He privately strategized with former national security adviser Michael Flynn and rally organizer Ali Alexander, who visited Stone’s home in Fort Lauderdale, Fla., in late November 2020 for a dinner where Stone served pasta and martinis.

In the days and weeks leading up to Thanksgiving (when Flynn would be pardoned and Sidney Powell would, like Stone, start grifting off claims of a stolen election), Flynn and Powell were at Lin Wood’s properties in South Carolina, plotting away.

I was most struck, however, by the unsurprising news that in addition to Tarrio, Stone also used Signal messages with Stewart Rhodes.

Stone used an encrypted messaging app later in January to communicate with Oath Keepers leader Stewart Rhodes, who is also charged with seditious conspiracy, and Proud Boys leader Enrique Tarrio, the footage shows.

When I saw the description in James’ statement of offense of the way Rhodes bugged out of town immediately after the riot, I suspected that someone had instructed Rhodes that they were going to be hunted.

At Rhodes’s instruction, James, Vallejo, and others met Rhodes that evening at a restaurant in Vienna, Virginia. Rhodes discussed saving “the Republic” by stopping the transfer of presidential power and began to make plans to oppose the Inauguration on January 20, 2021, including by having people open-carry firearms at state capitols around the country.

While at the restaurant, Rhodes and James came to believe that law enforcement was searching for Rhodes and others after their attack on the Capitol. The group immediately returned to their hotel, collected their belongings, and met at a nearby gas station. There, James saw what he estimated to be thousands of dollars’ worth of firearms, ammunition, and related equipment in Rhodes’s vehicle. Rhodes divvied up various firearms and other gear among James and others who occupied a total of three cars. Rhodes left his mobile phone with one person and departed with another person in that person’s car so that law enforcement could not locate and arrest him. The three cars departed in separate directions.

James returned to Alabama with some of Rhodes’s gear, including firearms and other tactical equipment.

According to the videographers, Stone bugged out at about the same time and in the same frantic manner as Rhodes did.

As a mob ransacked the Capitol on Jan. 6, 2021, Roger Stone, Donald Trump’s longest-serving political adviser, hurried to pack a suitcase inside his elegant suite on the fifth floor of the Willard hotel. He wrapped his tailored suits in trash bags, reversed his black face mask so its “Free Roger Stone” logo was hidden, then slipped out of town for a hastily arranged private flight from Dulles International Airport.

“I really want to get out of here,” Stone told an aide, as they were filmed at the hotel by a Danish camera crew for a documentary on the veteran Republican operative. Stone said he feared prosecution by the incoming attorney general, Merrick Garland. “He is not a friend,” Stone said.

I would, at this point, be shocked if Rhodes and Stone hadn’t communally decided they needed to bolt. The remaining question I have, though, is whether someone in government — like Mark Meadows — alerted Stone or someone close to him that the FBI had switched immediately into investigative mode.

Sidney Powell springs for the sedition gaslight defense

In the same way that the Danish videographers confirm that Roger Stone and Mike Flynn were conspiring early in the post-election process, a recent BuzzFeed report reveals that Sidney Powell is now using her hard-won grift to pay for the defense of some Oath Keepers.

Since October, the organization, Defending the Republic, has been making monthly payments to the defense attorney for Kelly Meggs, a member of the militant group the Oath Keepers who is charged with seditious conspiracy for his role in the Jan. 6 Capitol riot. In an interview, the attorney, Jonathon Moseley, said he was aware of “at least three or four other defendants who have that arrangement” as well. The Oath Keepers’ general counsel, Kellye SoRelle, said that one of those others is the group’s founder, Stewart Rhodes. Offered the chance to deny that, his lawyers said they don’t discuss funding.

The revelation, which has not been previously reported, sheds new light on the activities of Powell’s organization, which was incorporated in December 2020 “to defend the constitutional rights of all Americans.” By last August, the group had raised nearly $15 million, according to its audited financial statements, and since then has raked in untold cash in donations and sales of merchandise, including T-shirts, drink coasters, and highball glasses adorned with the organization’s logo. Yet despite mounting legal scrutiny from federal and state investigators, Defending the Republic has disclosed almost nothing about where that money has been going.

[snip]

Powell’s involvement in the Oath Keepers case helps explain how some of the defendants, most of whom are far from wealthy, have been able to work with private attorneys who charge hundreds of dollars an hour rather than court-appointed lawyers. But it also raises questions as to who is dictating their defense strategy. In recent months, defense attorneys have raised many of the same far-flung conspiracies about COVID-19, antifa, and the deep state that appeared in lawsuits against the federal government filed by Powell herself.

As Ken Bensinger notes and I have traced, Jonathon Moseley has chosen to use court filings to engage in conspiracy theorizing rather than a more typical defense.

But on top of the futility of such an approach to actually obtain an optimal outcome, it serves to undermine rule of law more generally. Moseley’s approach is not all that different from the one that Powell herself used with Mike Flynn in attempting to blow up his prosecution by inventing false claims about the government. There was no evidence to support it, but it fed the frothers.

Tellingly, Powell’s efforts did nothing but make Flynn’s outcome worse. Thus, the defense plan, such as it existed, served to undermine rule of law and then make it all go away with a Presidential pardon. I’ve long assumed that that was the hope for Kelly Meggs and Kenneth Harrelson (who has adopted a similarly conspiratorial defense approach): that they could stall through 2025 in hopes a Republican would pardon them for their alleged sedition.

On March 4, Judge Amit Mehta appointed Andrew Wise of Miller Chevalier as conflict counsel to inquire into conflicts between Moseley’s representation of Meggs and (at least in the civil suit) Stewart Rhodes). That’s likely to bring a review of compensation arrangements, which may lead to inquiries about what Powell is paying Moseley to do.

Interestingly, BuzzFeed suggests that Juli Haller, who represents Meggs’ wife Connie, but also Ryan Samsel, may be on this dole. There was a time when Samsel looked like he might have considered flipping but that time is long gone.

Roger Stone’s pardon grift

And now, having covered Roger Stone’s Stop the Steal grift and Sidney Powell’s Defending the Republic grift, we come to Stone’s pardon-selling.

The Daily Beast adds to the earlier WaPo report (the first item here) that addressed all the pardons Roger Stone pitched Trump to make in the days between when he bolted from DC quickly and the day any such power expired. It notes that in mid-January 2021, Stone was playing all sides of the Florida scandal that engulfs Matt Gaetz.

It’s already known that Stone lobbied for pardons for both Gaetz and Greenberg in the waning days of the Trump administration. But it wasn’t known that Stone also advocated for a pardon for this third man connected to Gaetz and Greenberg: Stephen Alford, a serial fraudster from the Florida panhandle.

That development was first revealed by The Washington Post in a draft memo published earlier this month. But the Post report didn’t mention Alford—his name only appears in a document the Post obtained and uploaded online—and the link hasn’t been explored.

Two months after Stone advocated for Alford’s absolution, that allegiance dissolved when Alford became Gaetz’s scapegoat for the investigation. (Stone also eventually blasted Alford as part of the “deep state.”)

Just weeks before, however, Stone was in Alford’s corner, lobbying for a pardon.

Much of this is just scammy Florida politics. I’m interested in two details of this.

First, one of the ties TDB did find between Alford — the guy who attempted to extort Gaetz’s dad — and Stone goes through Oleg Deripaska.

According to a person with direct knowledge of the events, however, Alford had one powerful friend: A Republican lobbyist close to Stone.

Weeks after Alford’s pardon request was declined, that lobbyist shared some more information: Matt Gaetz was in trouble. And the lobbyist, this person said, had the details, including images of Gaetz with young women at a sex party.

While it’s unclear how the lobbyist—an associate of Oleg Deripaska—came into this information, Stone had by that time known about the Gaetz allegations for months; Greenberg had told Stone all about their involvement with a 17-year-old, both over text messages and in a confession he drafted at Stone’s request, as part of the pardon process.

It didn’t take long for Alford to cobble together a plan—and it was a doozy: He would secure Gaetz a presidential pardon in exchange for $25 million, which Alford would supposedly use to repatriate an FBI agent taken hostage in Iran who has long been considered dead.

TDB then describes how this plan, involving a lobbyist with ties to Deripaska, was behind the campaign against the NYT story on Gaetz’ legal woes.

When The New York Times broke the investigation in late March last year, Gaetz used Alford’s ploy as ammo. He fired off a tweetstorm, claiming the Times report was a “planted leak” designed to torpedo an investigation into “criminal extortion” plot “to smear my name.”

The central figure in Gaetz’s narrative, however, wasn’t Alford; it was Alford’s lawyer, whose role was limited to holding the money in an escrow account while Alford negotiated the release.

That lawyer had one special characteristic: Three decades ago, he served as a DOJ prosecutor. And that fact equipped the narrative with a “deep state” hook—a Roger Stone special.

Gaetz doubled down that night on Tucker Carlson’s late-night Fox News talk show, explaining the convoluted “leaking” and “smearing” plot to a befuddled Carlson, who remarked that it was “one of the weirdest interviews I’ve ever conducted.”

The next day, Stone piped up to defend Gaetz, using the same language.

And I’m interested in that because Glenn Greenwald was another key player in this anti-NYT campaign, including as recently as December.

Click through for the details on Gaetz paying Stone until he stopped paying Stone.

Update: One more note about Stone’s plan for pardons. Unsurprisingly he pushed for pardons for Assange and Stone, and unsurprisingly he did so in the same terms that Greenwald did — as the best way to get back at the Deep State.

Hell yes ,I would pardon Julian Assange and Edward Snowden- they are persecuted because they exposed the same people who attempted the Russia Collusion Hoax, the Ukraine hoax the last phony impeachment and are now pushing you’re their new phony impeachment.

The plan is a telling document of how Stone exploited Trump’s narcissism and grievances to get things done. The UK Supreme Court just rejected Assange’s bid to appeal, so the initial extradition request will go to Priti Patel for approval (though he still has several avenues of appeal).