Has the DOJ (USAO-DC) asked the US Secret Service if the “purported deleted” text messages are relevant to the ongoing Seditious Conspiracy Cases…
Full disclosure this article might upset my readers, for that I apologize. The questions need to be both asked & answered. Our Country’s fragile democracy depends on it as does the USSS reputation
Prerequisite Preface;
Generally speaking I tend to give Federal Law Enforcement the benefit of the doubt. Additionally I do try to refrain from being overly critical (except in the case of the former “acting” US Attorney for DC, for obvious reasons) —accordingly this article is not meant to excoriate the “whole” of the US Secret Service. I do think we should discuss the many and far reaching impacts, specifically to the various ongoing criminal cases (and potential future cases)
At the top the USSS is purportedly the preeminent Federal Law Enforce agency that includes financial crimes, and other related cyber crimes that involve large caches of monies. Unbelievably the USSS “thinks” the ever changing explanation makes sense. To be clear: NO. IT. DOES. NOT.
However ICYMI, late last night I updated the July 19, 2022 article —that updated included various questions that Congress and the NARA should ask. Additionally after a bit of sleuthing, I was in fact able to locate the GSA GWAC (Government Wide Agency Contract) for CellcoPartners /d/b/a/ Verizon Wireless;
GS35F0119P -see pages 11-19, 22, 25 and 28 thru 33.
USSS Contract w Verizon HSSS0117F0038 —as you’ll note the Cage Code changed, what you may not know is that’s SOP. Meaning Cage Codes have about a five year shelf life and once that expires a new Cage Code is created. Again there’s nothing suspicious about that, because it’s S-O-P.
Keep in mind I also explained in 2019 thru late 2020, when I was on Twitter I tweeted in all caps, “hair on fire —why is the USSS being realigned to DHS” —clearly I’m an unapologetic and vociferous critic of president Trump (and no I’m never using a capital “P” because my meta is petty AF). —in my view the USSS should have never been moved from the US Treasury to DHS. Given the USSS portfolio includes (this is directly from the USSS mission page and it reads in part:
We have an integrated mission of protection and financial investigations to ensure the safety and security of our protectees, key locations, and events of national significance. We also protect the integrity of our currency, and investigate crimes against the U.S. financial system committed by criminals around the world and in cyberspace.
Again it’s possible the realignment was meant to streamline the beast but it never made sense why the USSS was folded into DHS….for the record I may have accidentally stated the inverse regarding the realignment in a previous (albeit in an in-artful) article. I apologize for any confusion I may have unintentionally caused. I suppose my excuse is English is my second language (no really that’s a fact) but it’s more likely my fingers couldn’t keep up with the speed in which I was processing the data. See S. 3636: which seeks to move USSS from DHS back to the US Treasury.
Also fair warning the next part of this article might be disturbing for some of my readers, and for that I preemptively apologize in advance, that’s not my intent. Notwithstanding I do think we should discuss the wide ranging impact of these propertied deleted text messages. If the recent public reporting is accurate, then apparently the USSS leaves backing up the mobile devices to each individual USSS agent. Strictly from an operational standpoint, WTF?
“Any message that was not uploaded by the employee as a government record would have been lost during the migration,” Secret Service official on the record with CNN.
See 2017 -USSS “Protect Your Data Like a Cyber Agent“ (Christ on a Cracker that did not age well, at all)
Because when you have the Former Deputy Assistant Director of the USSS posting these public comment… read more here and here —hattip to my reader Nancy who sent me these tweets. She’s the best of the best.
Federal Rules of Criminal Procedure & Evidence
In the past I’ve explained the obligation of Federal Prosecutors, specifically evidence (both exculpatory and inculpatory) under the Brady, Jenks and Gigilo requirements. In non-legalese Federal Prosecutors are required to share evidence with the Defendant. Failure to do so likely means the case will be thrown out (Post conviction it could mean the guilty verdict is overturned). The disclosure of these materials are not optional, it’s mandatory. You do not need to take my word for it, I assume the DOJ would be sufficient?
Rule 16 and Brady Material Local Criminal Rule 16 requires us, as part of pretrial discovery, to provide defense counsel with certain material. The following should be provided at the time of arraignment, even though Rule 16 allows it to be done thereafter within seven (7) days of a defendant’s request:
Also see Department of Justice US Attorney Manual - ISSUES RELATED TO DISCOVERY, TRIALS, AND OTHER PROCEEDINGS
9-5.001 —Policy Regarding Disclosure of Exculpatory and Impeachment Information
9-5.100 —Policy Regarding the Disclosure to Prosecutors of Potential Impeachment Information Concerning Law Enforcement Agency Witnesses ("Giglio Policy")
USSS and Congress Timeline:
As previous mentioned on January 16, 2021 Letter to FBI, DHS, DNI, NCTC to Request Documents, Briefings on Insurrection at Capitol and Threats to Stop Peaceful Transition of Power
On January 25, 2021 —the USSS informs staff to preserve contents on their Governor issued mobile phones -see CNN’s Reporting
On January 27, 2021 —the USSS initiates “new” mobile phone migration, which was slated to take place over the next three months. Meaning by the end of March 2021 the new mobile phone rollout should have been completed
February 3, 2021 - House Oversight Letter to USSS
March 25, 2021 - Several House Committees sent letters to the White House, federal agencies, law enforcement, and Legislative Branch entities, including the House and Senate Sergeant at Arms, seeking documents and communications relating to the January 6, 2021, domestic terrorist assault on the Capitol.
Which now brings us to the next series of questions:
Because the potential implications to the ongoing criminal cases, could be very bad. Specifically the Government has a mandatory requirement to provide defendants with both exculpatory and inculpatory evidence.
Failure to do so is referred to as “potential prosecutorial misconduct” —because failing to comply with Brady and it’s progeny obligations, could jeopardize obtaining a guilty conviction. Yes that might sound hyperbolic but it’s not meant to be. Rules, especially Rules of Federal Criminal Procedure and Federal Rules of Evidence are not optional. See DOJ’s Federal Rule of Criminal Procedure 16, the Jencks Act, Federal Rule of Evidence 404(b), the Brady/Giglio line of cases…
Again I’m going to warn you that the next series of questions need to be asked and answered —and some might be offended by the question posed. But like I said these need to be asked/answered because our Country’s Rule of Law demands it… also keep in mind “purging or failing to preserve” electronic communications is known as an “affirmative actions” meaning these agents specifically decided to purge the text messages. The original preservation request (from Congress) were pretty broad. Which is problematic for the USSS because the agency acknowledged receipt of the preservation request, yet dozens of agents took the affirmative action to, nonetheless purge them. You do understand why I’m saying this was an affirmative action (not in the sense of civil rights) but in the context of deliberate and arguably premeditated. Again the USSS nor their agents can or should argue “they didn’t know” —they did and yet they still purged these communiques…
Did any USSS Agent submit an affidavit for any criminal complaint regarding the January 6, 2022 Domestic Terror Attack?
If so, did those agents (properly) backup their mobile devices?
Did any USSS Agent send any text messages (encrypted or non-encrypted) to other agents or DOJ prosecutors?
Were those text communiques provided to the USAO-DC as part of the Brady, Jenks. Gigilo requirements?
Are any USSS agents listed as a Government witness for any of the pending Jan6th criminal cases?
Did any USSS Agent send/receive any electronic communications to/from in November 2020 thru January 7, 2021:
Rudy Giuliani, Stewart Rhodes, Henry Tarrio, Jeffery Clark, Ali Alexander, Mark Meadows, Kash Patel, Mike Flynn, Roger Stone, Steve Bannon
If so, were those communications preserved and/or provided to the Department of Justice, specifically the USAO-DC?
Have any USSS Agents communicated (either encrypted or via messaging apps) with Oath Keepers. Proud Boys, III%-ers or other militia groups that came to the Capitol January 4 thru 7th?
February 21, 2021 co-Defendant Jessica Watkins in the Seditious Conspiracy alleged she had met with USSS agents See 2021 Reuters Article
February 23, 2021 —Defendant Watkins essentially recanted her previous allegation that she had met with USSS. See 2021 CNN Article
Are there any ongoing investigations by the USSS, specifically cryptocurrency and other monies that may have been used to fund the Domestic Terrorist, Hotelrooms, car rentals, purchasing of firearms, ammunition, explosive components, body armor?
If so, did those USSS agents preserve the data (pursuant to the USSS January 25, 2021 memorandum/communications that directed agents to preserve the contents of their USSS issued mobile phones?
Has the USSS conducted any data forensics examination of the “out of service” mobile phones?
If so, will the USSS provide Congress with an after action report, which should include details of the data forensic examination, corrective action to ameliorate the unacceptable data purge?
Additionally will the USSS also provide any internal communications leading up to the three month mobile phone migration?
Has the USSS retained the “out of service phones” —Meaning does the USSD physically have possession of the phones?
has the USSS asked any other Federal Law Enforcement Agency or 3rd party vendors to examine the old phones?
Of the purported 24 USSS agents who failed to preserve and backup contents of their phones, so they include; Tony Ornato and/or
Bobby Engel that choose not to preserve or back up the data?
If so, will the USSS allow their agents to provide testimony to Congress under oath?
And later further confirmed by Alyssa Farrah Griffin
More broadly are any current members of the USSS (covertly) part of the Oath Keepers, Proud Boys, or any other militia and/or antigovernment terror groups?
If so, are any of those agents (who covertly infiltrated) the Oath Keepers, Proud Boys responsible for any evidence proffered in any of the ongoing criminal prosecutions?
And did they disclose any communications with prosecutors?
Summary:
I’m not saying all USSS agents are not to be trusted. What I am saying is there are undoubtedly a very small handful of USSS agents who knew what Trump’s plan. And it pains me to say this but it needs to be said: there might be USSS agents (operative words) “who may have helped” Donald Trump by mutilating/destroying evidence surrounding the Jan6th Domestic Terror Attack. So the implications of the deleted text messages extends far beyond the HSCJ6 investigation, it could (again operative word) have direct and devastating consequences to several pending criminal cases. You can read more about those cases here, here, here and the oath these individuals took, read more here
Also if tomorrow’s HSCJ6 hearing will drill down on Trump’s inaction. Well I’d suggest you reread this March 2021 article and it might also be worthwhile for you to reread this February 2021 article too. Because I’d be a royal jerk if I said something like: “OMFG in Jan & Feb 2021 I told you that Trump didn’t deploy the DC National Guard and he did nothing for over three hours…”
.. but again I kind of gave up being a royal jerk for lent (snort) me mainly laughing at myself…
And your daily saltwater therapy… but for now I need to run to a 1PM face-to-face client meeting, where I’ll pretend I’m not paying attention but I really am.
-Be Well -
PS - because Rudy Giuliani failed to appear in a New York Courtroom, the Judge Rudy Giuliani ordered to appear in Georgia Trump investigation and in Uvalde news per the Texas Tribune: Uvalde superintendent recommends firing police Chief Pete Arredondo
PPS -PPS -if you right click (or hover over the various subsection of the article) you can in fact hyper link to that specific subsection. ¯\_(ツ)_/¯
As someone else said, it's apparently better to endure the punishment for deleting the evidence, rather than the evidence being exposed to the world. I hate this place. Thanks, Sis <3
The first rule of data migration is back up the data, and backup the backup. If the old devices exist, I’m guessing someone has drilled a hole in them to prevent forensic data recovery.