Minor FBI official pleads guilty of altering evidence in Russian collusion hoax

Yawn: The so-called Durham investigation into the effort by high-level FBI and Justice Department officials to misuse their power to try to overthrow the election of President Trump has gotten its first guilty plea, that of a minor FBI lawyer who had altered evidence in order to help justify the FISA warrant against Carter Page that made possibly the political spying on the Trump campaign and administration.

Clinesmith was charged in federal court in Washington D.C. with one count of making a false statement for altering information he had received from the CIA in June 2017 to hide the fact that Trump campaign official Carter Page was a source for the Agency. The alteration caused the Justice Department to make a false representation to the FISA Court that approved surveillance of Page for nearly a year, the criminal information filed by Durham states.

Clinesmith “did willfully and knowingly make and use a false writing and document knowing the same to contain a materially false, fictitious and fraudulent statement and entry in a matter before the jurisdiction of the executive branch and judicial branch,” the court filing said.

The statement Clinesmith’s lawyer released to the Washington Post is especially laughable:

“Kevin deeply regrets having altered the email. It was never his intent to mislead the court or his colleagues as he believed the information he relayed was accurate. But Kevin understands what he did was wrong and accepts responsibility,” the lawyer told the Post. [emphasis mine]

“It was never his intent.” What a bald-faced lie. Clinesmith was told by the CIA that Carter Page was a source of information for them. He then consciously changes the words in a CIA email (which stated as much) so that it stated the exact opposite. This faked evidence is then included in the warrant request presented to the FISA court to justify spying on Page, and the Trump administration. If the FISA court had known Page was a CIA source, the entire FISA warrant request, as written, would have made no sense, and would have been denied.

Regardless, while it is good that this guy has plead guilty, he is small potatoes. Unless some of the big fish get fried — such as James Comey and Andrew McCabe and maybe even Barack Obama — this investigation is junk and the first administrative coup attempt by an unelected bureaucracy will go unpunished, guaranteeing more such coup attempts in the future.

Or to put it even more bluntly, since the administrative state is tightly aligned with the Democratic Party, it will become impossible for anyone from any other party to ever gain power ever again. For even if they should win an election, that administrative state will quickly move to remove them, under false pretenses, knowing it will not be punished for voiding a legal election.

A more hopeful take would be to say that Clinesmith has struck a deal and is going to provide the information necessary to indict these big fish. Recent history has not born out such hopeful takes, however, as the Justice Department, under Republican rule, even under the Trump administration, has routinely failed to follow through in this manner. Instead, they scapegoat the people at the bottom (maybe), and then make excuses for those in charge.

We shall see.

DOJ attorney refuses to resign as announced by Attorney General Barr

The swamp continues to win: Today attorney general William Barr announced that U.S. attorney Geoffrey Berman, who has overseen a number of investigations and witch hunts against Trump associates (including his lawyer Michael Cohen), was resigning.

This evening Berman denied he was resigning, stating that he had no intention of leaving his post until the Senate approves his successor.

I have no idea what is going on here, but if Barr is supposed to be in charge, it sure doesn’t look like it. Instead, it looks like this member of the anti-Trump swamp, recognizing Trump’s weakness during the Wuhan panic and the recent anti-American riots, has decided he can defy his superiors and get away with it. And even if Trump does fire him, he will benefit financially because he knows the leftist Democratic press will pour money into his pockets for being a Trump opponent.

UPDATE and more proof the swamp is winning: Senator Lindsey Graham (R-South Carolina) has now blocked Trump’s nominee (which is for the NY office of the Justice Department), claiming that it must first be approved by New York’s senators.

The article also makes the incredible claim that Trump, the sitting president of the United States and with whom Article II, Section 1, of the Constitution clearly states holds that executive power, cannot fire Berman.

Can Trump fire Berman? Uh … probably. It would be strange and likely a violation of separation of powers if the head of the executive branch couldn’t fire an employee at the Department of Justice. (We went through this with Mueller, remember.) The fact that Berman was appointed by a federal court, not the president, adds a wrinkle, though. And federal law adds another wrinkle about how, exactly, a court-appointed U.S. Attorney is to be replaced:

“To recap: 1) Berman was appointed under 28 U.S.C. § 546(d). 2) That statute contemplates that he keeps his job until a permanent successor is confirmed by the Senate. 3) 28 U.S.C. § 541(c) says U.S. Attorneys are subject to removal by the President. So the statutes conflict,” — Steve Vladeck (@steve_vladeck) June 20, 2020

This Vladeck then adds

Of course, the Trump DOJ may argue that § 546(d) is unconstitutional insofar as it prevents the President from removing Berman, but that’s complicated here by Berman being an *Acting* U,S. Attorney—over whose appointment and removal Congress can arguably exercise *more* control.

If we have reached the insane situation where a Republican President can no longer fire those under him, then our Constitutional government is truly dead.

UPDATE: Trump has now fired Berman. We shall see whether the courts and the swamp will let that action stand.

House FISA court reauthorization reaches Senate

You gotta have your KGB: A House-passed FISA court reauthorization bill, which makes some superficial claims at reining in the abuses of that court by FBI and Justice officials in the past four years, has now reached the Senate.

Overall this new law is junk, and accomplishes nothing. Though it does increase penalties for misuse, and allows for outside review in more situations, the secret court will continue, available to authorize the illegal surveillance of American businesses and individuals, for political reasons.

Is Justice investigation really getting serious about anti-Trump coup attempt in FBI/CIA?

Two stories that have been trending like crazy through the conservative news media in the past 24 hours suggest that the investigation by the Justice Department into the anti-Trump spying and coup attempt by the FBI and the CIA might finally be heating up.

I remain somewhat skeptical. The first story is based on two anonymous sources, which makes me very suspicious. I purposely waited before reporting on it because I have found such stories too often turn out to be either fake or unreliable.

I also don’t take the second story very seriously because Horowitz has been promising his FISA report now for months. His promises, and non-delivery, have increasingly reminded me of Richard Branson’s endless promises that “SpaceShipTwo will be flying in space in mere months!”

At the same time, it is important to note both stories. Horowitz’s FISA probe will be released. And Durham’s investigation, under Attorney General William Barr’s direction, has appeared to be so far aggressive and pointed. If both deliver what these stories suggest, then we might finally get some real prosecutions of some real villains, people in the FBI and CIA who conspired for the past three years to try to overturn a legal U.S. election.