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Sunday, February 11, 2018

Criminal Clinton Cabal Crumbles - The Real Russian Hoax Exposed As Democrats Ironically Caught Colluding With Russia

By Susan Duclos - All News PipeLine


-Deep State, Democrats And Media In Panic Mode






Let me be as blunt as I can be right here and now. I do not care one iota if Russia purchased ads on Facebook during the 2016 election, just as I could give a damn if they had "bot" farms or whatever they are called to push trending hasthags on Twitter. I also do not care a bit if they were behind the DNC leaks, although Wikileaks founder Julian Assange, who published those leaks, says Russia wasn't the source, but even if they were, I don't care. Neither Wikileaks (nor Russia or whoever leaked them to Wikileaks) altered the content, the leaks were very real emails, sent by the DNC and Clinton campaign, showing they rigged the primaries against BernieSanders, then they proceeded to collude with the mainstream media to influence the election in favor of Hillary Clinton. So, whoever leaked the information to Wikileaks, no matter who it was, helped inform the American public of what the MSM didn't. 

Takes some mighty big stones to cry publicly about the American people being told the truth for a change.

Why don't I care? Two reasons. 

Reason One - The U.S. has a long history of meddling in the politics and yes, the elections, in other countries. Historical data shows the U.S. has a "long history of rigging polls, supporting military coups, channeling funds and spreading political propaganda in other countries," and a break down of the data, shows that in 70 percent of those examples, the U.S. was the "meddling" entity.

Dov Levin, an academic from the Institute for Politics and Strategy at Carnegie Mellon University, has calculated the vast scale of election interventions by both the US and Russia. According to his research, there were 117 “partisan electoral interventions” between 1946 and 2000. That’s around one of every nine competitive elections held since Second World War.

The majority of these – almost 70 per cent – were cases of US interference.

And these are not all from the Cold War era; 21 such interventions took place between 1990 and 2000, of which 18 were by the US.

So excuse the heck out of me if the hyperventilation on the left and the MSM over the fact that Russia, or whoever, bought some ads, hired some trolls and maybe revealed to Americans how corrupt the DNC and The Hillary Clinton campaign, and the American liberal mainstream media was, sounds a bit hypocritical to me.

Second Reason - The second and most important reason I don't care a fig about Russia is because the so-called "Russia meddling" was nothing, not even a blip on the radar, compared to the "meddling" in a U.S. presidential election by senior members of the DOJ, FBI, State department, the Obama administration, former British spy Christopher Steele, and the Hillary Clinton campaign and its allies, and the mainstream media, to manufacture and then perpetuate the real Russia Hoax upon the American people.




The real Russia Hoax wasn't that Russia attempted to sow discord through social media, ad buys, troll farms or even hacks into the DNC and the Clinton campaign, if they were behind those, which we truly cannot be sure if since the very same intelligence communities that made that claim, were full of senior members that we now know were part of the true Russia Hoax, which was accusations against the Trump campaign about "colluding" with Russia.

Considering the cornucopia of information that has been revealed since we first learned of senior FBI official Peter Strzok and his lover FBI lawyer Lisa Page's text messages, showing not only anti-Trump bias ran rampant at the top levels of both the FBI and the DOJ, where they actively plotted a "path" to clear Hillary Clinton of wrong-doing in regards to her private email server and classified email scandal, but they also arranged an "insurance policy," which we later discovered was the whole "Russia colluded with Trump" hoax, it has become apparent that there was huge conspiracy to frame Donald Trump on bogus charges, that included a whole host of top level Obama officials.

New Information: We now find out that two more people referenced by Strzok and Page in their text messages, have announced they are leaving their positions. They include the FBI's media chief, Mike Kortan,  and the head of the Justice Department's anti-espionage section, David Laufman. These departures follow "FBI Director James Comey, who was fired by Trump; former Deputy Director Andrew McCabe; Comey’s chief of staff, James Rybicki; FBI General Counsel James Baker; as well as Strzok, who was booted off the special counsel investigation and sent to a job in the FBI’s personnel division," as reported by Politico.

According to conservative commentator Hugh Hewitt, Laufman's resignation is a "big deal." In a series of social media statements, Hewitt shared the following:

From one of my long time (but now retired) AUSA pals: “David Laufman resignation is a big deal.

As Dep. Assist. AG for National Security Division, he was the Primary Supervisor over Counter-Intelligence work in Nat Sec. He would have had a hand in the approval of the FISA application on Page.

He likely had a role in the decision making on the Clinton email investigation since his section handled cases involving leaks of classified information. The decisions on granting immunity, and allowing conditions to be attached to the examination of computers, would have come from his office. I do not think those were conditions that the FBI would have wanted. On the immunity issue, FBI wouldn't have the authority -- that could only come from the prosecutors in Nat Sec.

The press reporting is that he offered his resignation yesterday, effective IMMEDIATELY.

That's what happens when you are told that your are the subject of an OPR or OIG investigation.

He was in the post since 2014 -- under Carlin, Yates, and Lynch in the chain of command.” This source isn’t perfect. None are. But very very accurate over many years.


his week we also found out from the Grassley/Graham Senate Judiciary Committee memo, that information obtained from a foreign source by a Clinton confidant, was fed to a State Department official, then handed over to Christopher Steele who was hired by Fusion GPS, paid by the Clinton campaign and the DNC, to help compile the much-talked about Kremlin sourced Steele dossier, which was then used, without verification, by FBI and DOJ officials under Obama, to obtain multiple FISA warrants on a Trump advisor Carter Page.

New Information: We now the names of the Clinton associate, and the State Department official and how the "media and law enforcement echo chamber of Russia collusion," as it is described by Clinical Professor of Law and Director of the Securities Law Clinic at Cornell Law School, William A. Jacobson, al began and continued to feed the Great Russia Hoax of collusion.

The Clinton associate was Sidney Blumenthal, known as "Vicious Sid," and the State department employee was Jonathan M. Winer, former U.S. deputy assistant secretary of state for John Kerry during the Obama administration, who admits he had a long-standing information sharing relations with both Christopher Steele and Sidney Blumenthal.

In September 2016, Steele and I met in Washington and discussed the information now known as the “dossier.” Steele’s sources suggested that the Kremlin not only had been behind the hacking of the Democratic National Committee and the Hillary Clinton campaign but also had compromised Trump and developed ties with his associates and campaign.

I was allowed to review, but not to keep, a copy of these reports to enable me to alert the State Department. I prepared a two-page summary and shared it with Nuland, who indicated that, like me, she felt that the secretary of state needed to be made aware of this material.

In late September, I spoke with an old friend, Sidney Blumenthal, whom I met 30 years ago when I was investigating the Iran-contra affair for then-Sen. Kerry and Blumenthal was a reporter at The Post. At the time, Russian hacking was at the front and center in the 2016 presidential campaign. The emails of Blumenthal, who had a long association with Bill and Hillary Clinton, had been hacked in 2013 through a Russian server.

While talking about that hacking, Blumenthal and I discussed Steele’s reports. He showed me notes gathered by a journalist I did not know, Cody Shearer, that alleged the Russians had compromising information on Trump of a sexual and financial nature.

Why would a lawyer, that understands one has the right to remain silent in order to not self-incriminate, admit to this little circle jerk of sharing Kremlin sourced information? Because House intelligence Committee chairman Devin Nunes already knew about it and is targeting Winer in "phase two" of their investigation, which already produced the much talked about four-page FISA abuse memo, and Winer is trying to get the media spinning in his favor beforehand, and used the Washington Post to try to control the narrative.

Note- It is no surprise that Wapo is helping "spin" the narrative, as we know that Wapo met personally with Steele on at least two occassions as they played their part in manufacturing the Great Russia Hoax."

Fox News reported Winer's connection and Representative Trey Gowdy confirmed Blumenthal's connection at the end of the interview video clip below.




Professor Jacobson captures the crux of the manufacturing of the Great Russia Hoax very succinctly in one paragraph when he writes "Hillary’s campaign and the DNC paid for the Steele dossier. Other Clinton operatives, such as Sidney Blumenthal and Cody Shearer, were spreading similar accusations and sharing information with Steele. Steele was also feeding accusations to the media. Employees of the FBI and possibly other agencies who hated Trump used that information both before and after the election."

RelatedRussia-Trump Investigation: How Did Hillary Clinton Get FBI, FISA To Do Her Political Dirty Work?

TWO DEMOCRATS REALLY DID TRY TO COLLUDE WITH RUSSIA

New Information: We also learned this week that two of the loudest Democrats in Congress screaming Russia collusion against President Trump and his campaign members, ironically claiming that the Trump campaign colluded with Russia against Hillary Clinton, both attempted to colluded with Russia or Steele to obtain Russian sourced information against President Trump.

I kid you not.

One of the most vocal Democratic House members, and leaker, Rep. Adam Schiff was pranked by Russian hoaxsters that claimed to have nude images of Donald Trump, and he aggressively tried to obtain the non-existent photos to give to the FBI.

Rep. Adam Schiff, the ranking Democrat on the House Intelligence Committee, was pranked last year by Russian comedians who offered nude photos of President Trump.

Schiff thought he had been speaking with Ukrainian politician Andriy Parubiy, who offered potentially explosive information about Trump’s visit to Russia during the Miss Universe pageant in 2013, The Atlantic reported.

Schiff cautioned the man that “our Russian friends” could be eavesdropping on the call, and told him not to share anything he wouldn’t want them to hear.

But the man went on to say that the Russians had “pictures of naked Trump” and Russian President Vladimir Putin wanted Trump to know that “all those compromising materials will never be released if Trump will cancel all Russian sanctions.”

Schiff then told the man that his office would work with FBI to figure out “how we can obtain copies.”

The California Democrat, however, had actually been speaking with Vladimir Kuznetsov and Alexey Stolyarov, two Russian pranksters known as Vovan and Lexus.

The second Democratic politician is Senator Mark Warner, who apparently "texted with Russian oligarch lobbyist in effort to contact dossier author Christopher Steele," as reported by Fox News

Secrecy seemed very important to Warner as the conversation with Waldman heated up March 29, when the lobbyist revealed that Steele wanted a bipartisan letter from Warner and the committee’s chairman, North Carolina Republican Sen. Richard Burr, inviting him to talk to the Senate intelligence panel.

Throughout the text exchanges, Warner seemed particularly intent on connecting directly with Steele without anyone else on the Senate Intelligence Committee being in the loop -- at least initially. In one text to the lobbyist, Warner wrote that he would "rather not have a paper trail" of his messages.

The extreme irony and hypocrisy of Democrats accusing the Trump campaign of "colluding" with Russia against Hillary Clinton with absolutely no proof of said collusion, claiming it is a crime, while at the same time they were "colluding" with Russia to obtain information against Donald Trump.... cannot be overstated.

Related: Steele Dossier’s ‘Coincidences’ Keep Piling Up




BOTTOM LINE

One by one those implicated in attempting to rig the 2016 presidential election in favor of Hillary Clinton and against Donald Trump, the "Criminal Clinton Cabal," are being investigated, resigning, being reassigned while investigations are pending against them, and being exposed publicly as their whole narrative of "Russia collusion with Trump" becomes a documented case of Clinton allies, senior level intelligence community members, the MSM and Democratic politicians, all colluding with either Russia or those obtaining information from Russia.

Watching the Criminal Clinton Cabal crumble has been intensely satisfying, seeing new revelations weekly, and in many cases even daily, and all this is happening before the final report from the year-long DOJ Office of Inspector General report has even been written.

What will be more satisfying is seeing indictments and charges filed against the Clinton cabal members of the intelligence community after the IG report is completed, flipping the low level fish in order to catch bigger fish, because make no mistake, seeing a few "sacrifices" at the bottom levels, are not going to be sufficient, when senior members of the Obama administration, that held positions of power, perhaps leading straight to the top, Obama himself, attempted to rig a presidential election by perpetrating one of the biggest hoaxes upon the American people, ever.

The deep state, Democrats and the MSM are in panic mode as their carefully planned conspiracy implodes.

Generally we either embed portions of interviews and clips, or even an opening statement which lays out the evidence documented to date, but below is the entire Sean Hannity show from February 8, 2018, where his initial monologue breaks down what is known at this point, and then he is joined by a number of experts.

It is worth watching in its entirety. (Update- Video was removed from YouTube. Replaced with two relevant segments.)















Sunday, January 28, 2018

Congress Finally Targets Obama Top Officials - They're Going After The Bigger Fish Now

By Susan Duclos - All News PipeLine


As we have been covering the congressional investigations into FISA abuses under the Obama presidency, with the much talked about four-page memo which purportedly details how the unverified, Kremlin sourced Steele dossier, which was funded by Hillary Clinton's campaign and the DNC, was used to obtain FISA warrants to surveil the Trump campaign team, we have seen names like Andrew McCabe, Rod Rosenstein and former FBI director James Comey implicated. Other names that have been in the headlines include DOJ official Bruce Ohr, his wife Nellie, recently reassigned FBI general counsel James BakerFBI agent Peter Strzok and FBI lawyer Lisa Page,  and member of Special Counsel Robert Mueller’s Russia investigative team Jeannie Rhee

We have often referred to them as high level intelligence community employees, but as "low hanging fruit," in regards to following the evidence up the chain of command to investigate those in even more powerful positions that may have abused their positions, weaponized the FBI and DOJ and other government agencies under Obama, and violated protocols and laws.


(Image credit - Conservative Treehouse)


SENATE JUDICIARY COMMITTEE TARGETS THE HIGHER HANGING FRUIT....

There are a multitude of investigations occurring into a variety of issues, in both Senate oversight committees and House committees, as well as the DOJ's Office of Inspector General, and the DOJ itself with 27 active investigations into classified information being leaked to the press.

It appears the Senate Judiciary Committee is now climbing up the ladder to get to higher hanging fruit as six letters were sent out on January 25, 2018, by Senate Judiciary Committee Chairman Chuck Grassley and Judiciary Subcommittee on Crime and Terrorism Chairman Lindsey Graham, related to "Potential Political Influence on FBI."

The letters were sent to The Democratic National Committee (DNC), Hillary for America (HFA), Former DNC Chair Rep. Debbie Wasserman Schultz, Former DNC Chair Donna Brazile, HFA Chair John Podesta, and HFA Chief Strategist Joel Benenson.

Via the press release from Senator Grassley's website, we see "The letters seek information and documents relating to those political organizations’ knowledge of and involvement in Mr. Steele’s work and his reported interactions with the FBI while he was working on behalf of these political organizations."

The letters begin with the following text:


In October 2017, the Washington Post reported that Hillary for America and the Democratic National Committee had funded, via Fusion GPS, Christopher Steele's creation of a series of memos relying largely on Russian government sources to make allegations against Donald Trump and his associates.  A letter from the law firm Perkins Coie acknowledged that, "[t]o assist in its representation of the DNC and Hillary for America, Perkins Coie engaged Fusion GPS in April of 2016" and that "the engagement concluded prior to the November 2016 Presidential election. "


The Senate Judiciary Committee has a constitutional duty to conduct oversight of the FBI and the broader Department of Justice. Part of that duty involves ensuring that law enforcement efforts are conducted without improper political influence. Accordingly, the Committee has been investigating the FBI' s relationship with Christopher Steele during this time his work was funded by Hillary for America and the DNC. The scope of our review includes the extent to which the FBI may have relied on information relayed by Mr. Steele in seeking judicial authorization for surveillance of individuals associated with Mr. Trump. It also includes whether any applications that may have been made for permission for such surveillance fully and accurately disclosed:


(1) the source of Fusion GPS's and Mr. Steele's funding; (2) the degree to which his claims were or were not verified; (3) the motivations of Mr. Steele, his clients, and his sources; and ( 4) representations about their contacts with the press.


The letters follow that up with a list of 11 questions, with requests for documentation related to the answers to those questions, but it is the 12 document demand that is highly interesting as they ask for a list of all communications associated with a list of 40 people or groups, from March 2016 through January 2017, and some of those names definitely qualify as "high hanging fruit" from the Obama administration.

12. For the period from March 2016 through January 2017, please provide all communications to, from, copying, or relating to: Fusion GPS; Bean LLC; Glenn Simpson; Mary Jacoby; Peter Fritsch; Tom Catan; Jason Felch; Neil King; David Michaels; Taylor Sears; Patrick Corcoran; Laura Sego; Jay Bagwell; Erica Castro; Nellie Ohr; Rinat Akhmetshin; Ed Lieberman; Edward Baumgartner; Orbis Business Intelligence Limited; Orbis Business International Limited.; Walsingham Training Limited; Walsingham Partners Limited; Christopher Steele; Christopher Burrows; Sir Andrew Wood, Paul Hauser; Oleg Deripaska; Cody Shearer; Sidney Blumenthal; Jon Winer; Kathleen Kavalec; Victoria Nuland; Daniel Jones;Bruce Ohr; Peter Strzok; Andrew McCabe; James Baker;  Sally Yates; Loretta Lynch; John Brennan.



The names that stand out the most are the last six, as Andrew McCabe is currently the Deputy Director of the FBI, who has been referenced in the text messages by the anti-Trump FBI agent Peter Strzok and FBI lawyer Lisa Page, when they admitted to meeting in "Andy's office" to discuss a "path" to prevent Donald Trump from winning the 2016 presidential election. That was before Strzok's  reference to an "insurance policy," which was the Russia investigation, in where the Steele dossier was used to obtain the FISA warrant to surveil Trump campaign team members.

James Baker was the FBI's general counsel but was recently reassigned. According to sources within the GOP, Baker was in contact with David Corm at Mother Jones, who first broke the story of the existence of the Steele dossier. While Corn claims Baker was not the source for his story, Baker did communicate with Corn in the weeks leading up to November 2016 election. Circa had reported in July 2017 that Baker was under investigation for allegedly leaking to the press.

Sally Yates was appointed by Barack Obama as the United States Deputy Attorney General, who was temporarily the acting Attorney General while Jeff Sessions was waiting to be confirmed, until President Trump terminated her for refusing to defend the president's executive order on extreme vetting. Bruce Ohr, who had repeated contacts with Steele, as well as his wife Nellie having been on Fusion GPS payroll, was associate deputy attorney general, directly under Yates.

Loretta Lynch was Obama's Attorney General of the United States, the same woman that met with Bill Clinton in the now famous tarmac meeting amidst the investigation into Hillary Clinton's use of a private server and the mishandling of classified communications on said server. Both the House Intelligence Committee and the Senate Judiciary Committee have been investigating whether the dossier was used by the DOJ, under Lynch, to justify the FISA warrant to surveil the Trump campaign team members, and the four page House Intel Committee four-page memo now purports to answer that question in the affirmative after their months-long investigations.

John Brennan, who was the Director of the Central Intelligence Agency from March 2013 to January 2017. In May 2017 it was reported that "Obama loyalist Brennan drove FBI to begin investigating Trump associates last summer."


ANOTHER NAME OF INTEREST FROM THE 40 LISTED...

Another interesting name on the Judiciary Committee list of 40 individuals or groups  they want the documents on is Sidney Blumenthal. Blumenthal was a former aide to Bill Clinton during his presidency and is a known confidant of Hillary Clinton, and was formerly employed by the Clinton Foundation. Blumenthal was also regularly featured in the Podesta emails that Wikileaks published during the election cycle. 

RelatedFusion GPS Founder: FBI May Have Paid Expenses for Anti-Trump Dossier Author

Note - It is important to remember that while Congress is responsible for oversight, and can and are conducting investigations into corruption at the highest of levels within the intelligence community, they do not prosecute or charge. When they have compiled what they believe to be enough evidence for charges to be brought, they send a criminal referral to the DOJ, as they recently did in relation to Christopher Steele, the author of the Trump dossier. That is an official request for the DOJ to begin a criminal investigation on the individual in question.



BOTTOM LINE

Given the aforementioned information on those specific individuals, knowing that the Senate Judiciary Committee wants "all communications to, from, copying, or relating to" these individuals that is in possession of The DNC, Hillary for America (HFA), Former DNC Chair Rep. Debbie Wasserman Schultz, Former DNC Chair Donna Brazile, HFA Chair John Podesta, and HFA Chief Strategist Joel Benenson, from March 2016 through January 2017, it leads to the logical assumption that the Senate Judiciary Committee is now moving up the ladder and targeting the bigger fish from the Obama administration.

One of the six copies of the letters sent out on January 25, 2018, by Grassley and Graham, embedded below:


scr1 by DanB on Scribd






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Monday, December 18, 2017

Mueller's House Of Cards Continues To Crumble After 'Unlawfully' Obtaining Trump Team Transition Emails - How Many Scandals Have To Engulf Team Mueller Before He Is Disqualified?

By Susan Duclos - All News PipeLine






Team Mueller appears to be a gift that never stops giving..... to President Trump.

Never have we seen a "special counsel" team become so embroiled in scandal, corruption, political bias and now, 'improper" activities, with the recent accusation by the top lawyer of the Trump presidential transition team, that Robert Mueller's team illegally obtained thousands of transition documents, including attorney-client communications and other privileged communications.

First lets go over the acronyms we will be using in this article: GSA - General Services Administration - An independent agency declared by congressional act to help "promote the orderly transfer of the executive power in connection with the expiration of the term of office of the President and the inauguration of a new President." TFA - Trump for America also known as the PTT: Presidential Transition Team or PETT for President-elect Transition Team.

THE BACK-STORY: MUELLER 'IMPROPERLY' OBTAINS EMAILS FROM GSA

Via Fox News:

The attorney said they discovered the “unauthorized disclosures” by the GSA on Dec. 12 and 13 and raised concerns with the special counsel’s office. The Associated Press reported that the GSA turned over a flash drive containing tens of thousands of records on Sept. 1 after receiving requests from Mueller's office in late August.

Those records included emails sent and received by 13 senior Trump transition officials. Among the officials who used transition email accounts was former national security adviser Michael Flynn, who pleaded guilty to a count of making false statements to FBI agents in January and is now cooperating with Mueller's investigation.

“We understand that the special counsel’s office has subsequently made extensive use of the materials it obtained from the GSA, including materials that are susceptible to privilege claims," Langhofer wrote. He added that some of the records obtained by the special counsel’s office from the GSA “have been leaked to the press by unknown persons.”

The special counsel team, led by Robert Mueller, requested, without a subpoena, emails sent and received by Trump transition officials. GSA  handed over said transition documents, said to include thousands of emails, to the special counsel, in an act that Kory Langhofer, the counsel to (TFA) calls "unlawful conduct," in a letter sent to the U.S. Senate Committee on Homeland Security & Governmental Affairs and U.S. House Committee on Oversight & Government Reform.

Via page one of the seven page document:

1. To inform the Committees of unlawful conduct that undermines the Presidential Transition Act of 1963, as amended, and will impair the ability of future presidential transition teams to candidly discuss policy and internal matters that benefit the country as a whole. More specifically, we write to inform you that (a) career staff at the General Services Administration (“GSA”) have unlawfully produced TFA’s private materials, including privileged communications, to the Special Counsel’s Office; and (b) although the Special Counsel’s Office was aware that the GSA did not own or control the records in question, the Special Counsel’s Office has extensively used the materials in question, including portions that are susceptible to claims of privilege, and without notifying TFA or taking customary precautions to protect TFA’s rights and privileges; and

2. To request that Congress act immediately to protect future presidential transitions from having their private records misappropriated by government agencies, particularly in the context of sensitive investigations intersecting with political motives.

Team Mueller denies the illegality of receiving the documents from the GSA, versus having to go directly to the TFA, who is claiming they legally owned the documents, stating "When we have obtained emails in the course of our ongoing criminal investigation, we have secured either the account owner’s consent or appropriate criminal process."

Mueller's team has not addressed how some of the information contained in those documents ended up being leaked to the press. Nor have they issued a statement on why they approached the GSA rather than TFA.

Mike Allen over at Axios explains the nature of what those emails included as part of the transition process: "The transition emails are said to include sensitive exchanges on matters such as potential appointments, gossip about the views of particular senators involved in the confirmation process, speculation about vulnerabilities of Trump nominees, strategizing about press statements, and policy planning on everything from war to taxes."

The fact that Michael Flynn was part of the transition team makes the issue of whether GSA had a legal right to hand over transition activity extremely important, if any of that information was used to force Flynn's compliance, and the information was provided illegally to Mueller, that taints any potential cases against any of the transition team, including Flynn.

This was highlighted by well known and respected law professor, Jonathan Turley, who states "Trump lawyers claim Mueller obtained privileged email through GSA. If so, it would be a uniquely stupid mistake that could taint the SC investigation." Turley continues on to say "The privilege issue is a novel one but it was clearly inappropriate to use the GSA as an avenue to obtain emails that should be reviewed by counsel first."

I specifically use Turley as the expert to quote because in a case like this we have liberal leaning lawyers favoring Mueller's actions, while conservative leaning lawyers will make a different argument, but Turley has a self-proclaimed "socially liberal agenda" for the most part, while favoring the rule of law and is highly respected and the second most cited law professor in the country.

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WHO 'OWNED' THE DOCUMENTS?

Bottom line up front: If TFA legally owned the documents than the GSA illegally handed them to Mueller's team, something a team of career prosecutors and investigators would have been fully aware of. Kory Langhofer, TFA's attorney, states in the letter to congress that "GSA had no right to access or control the records but was simply serving as TFA’s records custodian."

The question is whether Langhofer is correct, and the citations he offers, directly from the Department of Justice and the government's own archive sites, provides a very persuasive argument.

Page two of Langhofer's letter to the Senate and the House:

The U.S. Department of Justice has for nearly 30 years maintained that presidential transition entities are not “agencies” within the meaning of the Freedom of Information Act. This interpretation was most recently affirmed during the Obama Administration. See U.S. Dep’t of Justice, FOIA Counselor: Transition Team FOIA Issues, FOIA Update, Vol. IX, No. 4 (Jan. 1, 1988, rev. Sept. 1, 2016), available at https://www.justice.gov/oip/foia-update-foia-counselor-transition-teamfoia-issues.

While the link provided by Langhofer to the DOJ website cited as supporting his assertion that transition records are not considered  GSA "agency records,"  is for the purposes of any Freedom Of Information Act requests, it does support his claim that a transition team holds a "nonagency status," and transitional team records are indeed considered "personal records."

VIA the DOJ website:

A complication can arise, however, when a member of a transition team brings copies of transition team documents with him to a federal agency when appointed as an agency official. In both of the FOIA cases in which requesters have sought such documents, the courts held that they were not "agency records" under the Act but rather were the "personal records" of the former transition employees. See Wolfe v. HHS, 711 F.2d 1077, 1080 (D.C. Cir. 1983) (document did not lose "its private character simply upon arrival within the agency building"); Illinois Inst. for Continuing Legal Educ. v. Department of Labor, 545 F. Supp. at 1234 ("To be 'agency records,' something more than mere possession of the records by an agency official must be shown.").

An element in each of those cases, though, was that the documents had never been integrated into the agency's files and were not formally used by the official who possessed it or by anyone else in conducting official agency business. See Wolfe v. HHS, 711 F.2d at 1081 ("no one [else] in the agency ever read or relied upon these documents"); Illinois Inst. for Continuing Legal Educ. v. Department of Labor, 545 F. Supp. at 1235 (document never was "actually used by an agency official"). The dicta statements in these cases suggest that had the documents been used not merely for personal reference, but rather to conduct agency business, they might have been found to be "agency records." See also FOIA Update, Fall 1984, at 4.

Applicability of Exemption 5

The fact that a transition team is not a part of the executive branch presents an interesting issue with respect to the applicability of Exemption 5 to deliberative materials drafted by agency personnel for a transition team's use. (In this context, it is essential to distinguish between agency employees who continue to work for their federal agency and those who, under Section 3 of the Transition Act, are detailed to a transition team and who therefore are not generally regarded as agency employees. For the purpose of this discussion, detailees are not considered to be agency employees.) The concern here results from Exemption 5's awkward threshold language (covering "inter-agency or intra-agency memorandums or letters"), a requirement which might at first seem to preclude the exemption's applicability to communications between agencies and transition teams.

This appears to support both Langhofer and Turley's argument that while these are in regards to FOIA, it sets a legal precedent that unless the documents in question were drafted by the "agency," meaning GSA, they belonged to the transition team and the GSA had no legal standing to provide them to Mueller's team.

The next citation by Langhofer in his letters to Congress, is directly from the National Archives, last updated November 16, 2016. A memorandum to federal records agency officers as "Guidance Relating to President-Elect Transition Team Materials," which states the following:

The President-elect’s Transition Team (PETT) represents the President-elect during the 2016-2017 Presidential transition. The materials that PETT members create or receive are not Federal or Presidential records, but are considered private materials. However, transition briefing materials created by a Federal agency and agency communications with the PETT are Federal records and must be managed in accordance with an approved agency records schedule.

If a PETT member is appointed to an agency position as part of the new Administration, the status of PETT materials that the individual brings to the agency may change at that time. If PETT materials are incorporated as agency working files, they become records under either the Federal Records Act (FRA), for individuals working at Federal agencies, or the Presidential Records Act (PRA), for individuals working in PRA creating entities of the Executive Office of the President. If the PETT materials are kept separate from Federal agency files or from files of a PRA entity, then they remain private materials.

On page six of Laghofer's letter to Congress, he specifically accuses not only the GSA, but the special counsel itself of "misconduct," stating "As discussed above, the GSA’s unlawful production of TFA’s internal records was exacerbated by the Special Counsel’s Office failure to preserve and respect the legal privileges that attach to a large number of those documents. More generally, however, the GSA’s and the Special Counsel’s Office’s misconduct in this matter demonstrates why investigators and government attorneys, who in many cases are not entirely neutral, should not be trusted to decide without proper oversight which records belonging to private parties are privileged. "

Read the entire letter, via a seven page PDF file.

MUELLER'S  TEAM HAS HISTORY OF QUESTIONABLE TACTICS

While Robert Mueller has come under heavy criticism for he team he chose, the majority of which were Hillary Clinton and/or Barack Obama donors and supporters, and the most recent scandals that have engulfed at least a half dozen members of his team over the last three weeks, from plotting against President Trump before the election, to questionable ties with Fusion GPS and the Kremlin sourced Trump dossier, to members of Mueller's team talking about an "insurance policy" if Trump won the election, Mueller has also personally been criticized by fellow attorneys for his and members of his team's "history of questionable tactics."

Harvey Silverglate, a criminal defense attorney in Massachusetts, wrote an opinion piece accusing Mueller of once trying to entrap him when Mueller was acting U.S. attorney in Boston. Silvergate offered this warning back in October 2017, "My experience has taught me to approach whatever he does in the Trump investigation with a requisite degree of skepticism or, at the very least, extreme caution."

Another former prosecutor speaks about the ethics of Andrew Weissmann, another member of Mueller's team, finding his conduct so egregious she filed a formal complaint of prosecutorial misconduct with the Texas bar and the DOJ’s Office of Professional Responsibility, accusing him of "witness threatening, withholding exculpatory evidence, and the use of 'false and misleading summaries'." (Source)

MUELLER MUST BE REPLACED

With Mueller's and his teams exposure for unethical behaviors, the only remedy is to have Mueller replaced, all evidence sorted through and all tainted evidence, whether by Mueller's misconduct here, or his "teams" newly revealed biases, possible criminal behaviors and conflicts of interest, discarded, so that a fair investigation can continue.

Legal analyst for Fox News Gregg Jarrett provides the court precedent for disqualifying Mueller:

The use by Mueller of even one privileged document can, and must, result in his disqualification from the case.

The case of Finn v. Schiller, 72 F.3rd 1182, 1189 spells out the required remedy for this violation of the law: "Courts have frequently used their supervisory authority to disqualify prosecutors for obtaining materials protected by the attorney-client privilege."

Statutory law also demands Mueller's removal. Pursuant to 5 C.F.R. 2635.501, government employees, including prosecutors, are directed to "take appropriate steps to avoid an appearance of loss of impartiality in the performance of his or her official duties."

BOTTOM LINE

Mueller's actions or the actions of his team in this transition documents issue, may only be improper, may be underhanded but not meet the standard for being "illegal," unless of course he used the attorney-client emails that got swept up with the rest of them for investigative purposes, but in conjunction with all the other issues we have seen revealed about Mueller's team over the past few weeks, we are seeing a pattern of behavior, a "witch hunt" as the president would call it, all conducted by partisans that are now about to be subpoenaed by Congress over their prior actions.

Mueller has got to go and it falls to Deputy AG Rod Rosenstein, who has admitted recently in front of Congress that oversight of Mueller's investigation falls directly on his shoulders, to deal with this issue, to remove Mueller, to sort through the mess he and his team have made of this investigation and act accordingly.