History will prove Bill Barr was Donald Trump’s most dangerous enabler. -updated-

Trump/Barr DOJ —Barr’s onerous abuse of authority and obsequious fealty to Trump by targeting the; New York Times. Washington Post. CNN. Members of Congress - it is antithetical to our Democracy

updated June 14, 2021 1:15PM EST

Earlier this morning Attorney General Garland released the following statement

Justice Department @TheJusticeDept

Statement from Attorney General Merrick B. Garland justice.gov/opa/pr/stateme…

important context to remember - today June 14, 2021 AG Garland is also meeting with the General Counsel(s) for; the Washington Post, the New York Times and CNN.

CNN’s Barbara Starr’s June 14th OpEd - I’m a journalist and the Trump administration tried to secretly obtain tens of thousands of my emails

and over the weekend the NYT’s reported that Trump/Barr DOJ subpoenaed the Apple records of White House Counsel Don McGahn and his wife - let that sink in that Donald J Trump is such a narcissistic sociopath who spied on his own White House Counsel.

Prerequisite Preface - in defense of;

I genuinely debated on writing this. Partly because some of the subjects discussed will trigger various emotional reactions. In the end I decided to narrowly focus on facts and publicly available documents. However I am growing increasingly disgusted by people who have likely never stepped foot inside the US Capitol, a Federal Courtroom, or Main DOJ —yet they continue to pontificate as if they are true DC insiders. I’ve been here for 3 decades and I still do not consider myself an insider. Sadly and regrettably the most egregious acts are their intensity of encouraging the illegal leaking of classified or confidential information.

If we are a county of laws - how dare you encourage public servants to knowingly violate our laws and possibly put our National Security at risk —simply because you have a narrative or launched a new product that you have monetized. Of course everyone is entitled to their own “opinions” but facts are facts. So let’s focus on the set of facts before us…

For decades “our” Department of Justice strived to be a-political. Committed and steadfast in their commitment to follow the facts (and money) no matter where they lead to. Fighting Corruption, Criminals and striving for “equal protection under the law” —at times the department has fallen short. However the narrative Trump or Biden DOJ isn’t exactly fair. Because this narrative only further exasperates the massive partisan divide. The Department of Justice is America’s Department of Justice. It belongs to “we the people” —period. Full Stop.

Disgraced attorney general William P Barr

Much will be written about Bill Barr. I do not think the history books will be kind to him. Moreover I do think that Bill Barr should be disbarred because of his egregious abuse of office. He is an officer of the Court. He took an oath as an attorney but also took an oath as our Attorney General. He violated both oath, willingly and gladly. That said former Attorney General Bill Barr’s onerous abuse of authority and obsequious fealty to Donald Trump —resulted in institutional damage to the Department of Justice, that is just too hard to accurately state.

And yes Americans should be able to “question authority” —notwithstanding in the recent days the protracted and sustained attacks on our Department of Justice and direct/indirect attacks on the FBI. This kind of criticism only seeks to divide us further apart and it sets the stage for the corrosive “us versus them” narrative. It is DC partisan tribalism at its very worse and I’m not a fan of indulging in that kind of rhetoric. Exactly what purpose does it serve beyond a few likes and retweets and momentary notoriety? Be smarter than that —use your critical thinking versus pivoting to lemming-like behavior.

Attorney General Garland -Senate Vote 114

There is also this false narrative that Mitch McConnell and his ilk slow walked the Attorney General Confirmation. So let’s stroll down the factual memory lane of;

PN78-7 — Merrick Brian Garland — Department of Justice

Date Nominated: January 20, 2021 —those who are not in DC or pretend to know how DC works —yet hysterically screaming “they are delaying the vote”.. “he’s just as bad as Barr” or “Garland cried” <—if you are going to attack a man who’s spent nearly his entire adult life in service to our Country. I regret to inform you that your sophomoric attacks say way more about you than it says about Attorney General Garland.

For those unaware of how DC really works - it is standard practice that the incoming administration vets their nominees. This occurs before the President is sworn in. Then like clockwork on January 20th at 12:00-ish a formal announcement occurs on Cabinet Nominations.

As it relates to Merrick Garland’s confirmation - the Senate Judiciary Committee - held hearings February 22 and 23, respectively at the conclusion of these hearings the Judiciary Committee discharges the Nomination either favorably or not favorably. From March 1 thru March 6, 2021 the following actions occurred;

• March 1, 2021: Reported by Senator Durbin, Committee on the Judiciary, without printed report. And nomination was placed on the Senate Executive Calendar. Calendar No. 27

• March 6, 2021: Motion to proceed to executive session to consideration of nomination agreed to in Senate by Voice Vote. Cloture motion presented in Senate. By unanimous consent agreement, mandatory quorum required under Rule XXII waived. By unanimous consent agreement, debate and vote 3/9/21

• On March 10, 2021 - Confirmed by the Senate by Yea-Nay Vote. 70 - 30. Record Vote Number: 114.

So the fictitious narrative “OMG McConnell is dragging this out” is categorically false and equally uninformed. And for the record I am not a fan of Mitch McConnell. Conversely I am a pretty big fan of facts and supporting documents. Sure some could argue that other Attorney General nominations were faster but my retort would be:

• Did they have to deal with COVID-19 restrictions or Senators/staffers working remotely?

• Did everyone seem to forget that our US Capitol was effectively on lockdown post the deadly January 6th insurrection?

It’s these mitigating and extenuating circumstances that many tend to overlook —and frankly it’s understandable this could have contributed to the moderate delay in Attorney General Garland’s confirmation. Yet come on you ding dongs this is regular order vis-a-vis Senate procedure. So stop with your uninformed dramatic rumination - it makes you look stupid (and uninformed). There I said it and the Internet didn’t explode. Why? Well because the facts and truth should inoculate the bullshit misinformation tsunami

Attorney General Garland has been at the helm of the DOJ for just over 90 days and in that time - the disclosures have been stunning. I say this with respect -you need to pace yourselves…this is just the beginning…the shittening has commenced and I certainly hope you’ve Dexter’d your office because the fecal matter is slamming into the oscillator with stunning speed and un-abating frequency.

Get Ready

DOJ-OIG announcement

DOJ OIG Initiates a Review of the Department of Justice’s Use of Subpoenas and Other Legal Authorities to Obtain Communication Records of Members of Congress and Affiliated Persons, and the News Media

I don’t know what planet the “career department of justice” attorneys thought it would be proper to subpoena the records of members of Congress but their (sorry for yelling)

MINOR CHILDREN- WTFINGF

I do not think the DOJ-OIG investigation is appropriate or adequate - sidenote I wish I could simply retweet the numerous threads -because back in December 2019 I was “hair on fire” mad that no one had picked up the following exchange between (then) Senator Harris and DOJ-OIG Horowitz- under the current law (OIG Act)

Pay attention this is IMPORTANT

Under current law ( INSPECTOR GENERAL ACT OF 1978) the DOJ-OIG is precluded from initiating an investigation into any DOJ attorneys -all the way up to the Attorney General - the DOJ is the only agency whose OIG has any such jurisdictional carve-out.  (Presently the OPR -has jurisdiction not the OIG)

• January 15, 2019 H. R. 202 was unanimously passed via a voice vote and then it was sent to Mitch McConnell’s legislative graveyard..

• February 24, 2021 (reintroduced) the Inspector General Access Act - the press release reads in part:

….introduced bipartisan legislation to expand the jurisdiction of the Department of Justice’s (DOJ) Office of the Inspector General to include alleged DOJ attorney misconduct.  Currently, the DOJ Inspector General (IG) has no authority to investigate professional misconduct by DOJ lawyers.  DOJ is the only agency whose IG has such a jurisdictional carve-out…

The Inspector General Access Act would simply strike this loophole, which leads to an unfair double standard where every DOJ employee – including FBI and DEA agents, U.S. Marshals, and federal prison guards – can be investigated by the DOJ IG except DOJ lawyers

Then Senator Harris to DOJ-OIG

“You have the power and the duty to investigate misconduct committed by the attorney general of the United States who is doing the bidding of the president to undermine our intelligence community," Harris told Horowitz.

…the context of Harris’ comment/question; referring to Barr's decision to have the Justice Department investigate the origins of the Russia probe - and the appointment of John Durham - the full December 11, 2019 hearing can be viewed here

Just to reiterate - General Horowitz stated “under OIG Act - the DOJ IG was carved out and by law they can NOT investigate misconduct by DOJ lawyers, including the attorney general.” Furthermore General Horowitz stated; “ he would support legislation that would get rid of that carve out” in January 2019 - the House

The IG is barred from pursuing appropriate investigations into attorneys at the Department. Under current law, the authority to investigate attorneys is restricted to the Office of Professional Responsibility within DOJ. ¹

OPR is not statutorily independent, and its head is not confirmed by the Senate like the IG is. Treating attorneys dif￾ferently from other personnel is simply unfair.

Incidentally this should give you an indication of what my recall abilities are. And why my clients keep me around. Fact Check, if I read or watch something once it’s forever committed to my memory and when appropriate I can pull them out of my mind vault (yes that’s a nod to BBC’s Sherlock)

“Because you’d be in jail” Oct 2016 Donald Trump

To be clear Trump didn’t need to have an explicit conversation with either Attorney General Barr or Deputy Attorney General Rosenstein —because oddly enough Trump was pretty transplant (and projected into others exactly what he was doing without the public knowing) -in November of 2018 we all found out what Trump wanted - Trump would be the absolute worst poker player, ever.

Congress should bring in Current/Career Department Justice Attorneys - forthwith

This goes without saying, while all eyes appear to be on Bill Barr, Rod Rosenstein (remember that then Attorney General Jeff Sessions recused) and Jeff Session —I think all eyes should be on the CURRENT (career) Department of Justice Attorneys - as reported by the New York Times

• Osmar Benvenuto- according to his recent LinkedIn profile - he is now Senior Counsel to the Assistant Attorney General, Criminal Division U.S. Department of Justice PMar 2021 - Present4 months

• Julie Edelstein - according to her recent LinkedIn profile she ascended to the Deputy Chief of Counterintelligence and Export Control in February of 2018.

• Matt Blue, Counterterrorism Section Chief —incidentally it appears his LinkedIn Account was recently deleted ²

• John C. Demers, who is the head of the National Security Division, Assistant Attorney General

• Seth DuCharme - who resigned from the Department of Justice on March 8, 2021: “stepping down as Acting U.S. Attorney in the Eastern District of New York, effective March 19, 2021” and is currently of Counsel at Bracewell (yes as in the previous iteration of Giuliani Bracewell)

It would make a lot of sense for Congress bring these current Department of Justice employees in. Place them under oath and let the cameras roll. To be clear I’m not saying any of the aforementioned DOJ employees did anything wrong. I do think that obtaining their testimony (compelled or not) could add details, content and context. But the thought of our DOJ doing this to another co-equal branch of Government and to go as far as subpoenaing a CHILD’s Apple records - this can not stand.

In our Constitution —Congress comes before President and unless the DOJ is fully and unreservedly transparent then the public has every right to vocalize their concerns. Generally I’d ask questions like;

• Did the FBI’s sensitive investigation matter (SIM) group know about theses insanely broad subpoenas?

• What was the predicate - was it substantial or meet the S.I.M guidelines?

• What did the DOJ attorneys tell the Judge?

• At anytime did you express concerns to the DOJ-OPR? Did you file any kind of whistleblower complaint/protection?

• Immediate production of all emails, text messages and other DOJ communiques concerning the secret subpoenas… furthermore Apple should replicate the records they turned over to the Trump/Barr DOJ the civil rights implications (particularly for the minor children) are going to be profound and deeply uncomfortable for the career DOJ attorneys.

Also I’d like to remind you of the Testimony of John W. Elias June 24, 2020 - during the House Judiciary hearing (link to his written testimony) he explained how Attorney General Barr flexed his muscles.

To be clear one of my contacts pointed me in the direction of this DOJ and FBI memos/guidelines.. both are a matter of public record it just takes a bit to find these documents:

• Attorney General governing the FBI's conduct of criminal investigations, ³ national security investigations, and ... activities of a domestic public official or political candidate (involving corruption or a threat to the national security)

  • These Guidelines are issued under the authority of the Attorney General as provided in sections 509,510,533, and 534 of title 28, United States Code, and Executive Order 12333. They apply to domestic investigative activities of the Federal Bureau of Investigation (FBI) and other activities as provided herein…

If I were in Congress I’d demand answers from both the DOJ and FBI and Apple - there are phrases, that I think you should acquaint yourself with (also see footnotes to direct links to these particular documents) again I’ve never purported to be part of our intelligence community nor have I ever purported to be an attorney. For the record I’m the one attorneys turn to for research, formulation of a legal strategy and at all times I play the “devil’s advocate” sometimes I wear Prada too (snort)

• Sensitive Investigative Matter (S.I.M.)

• FBI Domestic Investigations and Operations Guide

Document via the FBI Vault

…review of undercover operations involving sensitive circumstances, notice requirements for investigations involving sensitive investigative matters (as defined in Part VII.N of these Guidelines), and notice and oversight provisions for enterprise investigations, which may involve a broad examination of groups implicated in the gravest criminal and national security threats. These requirements and procedures help to ensure that the rule of law is respected in the Department's activities and that public confidence is maintained in these activities⁴ ⁵

THE ATTORNEY GENERAL'S GUIDELINES FOR DOMESTIC FBI OPERATIONS - is straight from the DOJ’s Archive (circa 2008) https://www.justice.gov/archive/opa/docs/guidelines.pdf and/or https://vault.fbi.gov - specifically FBI Domestic Investigations and Operations Guide (DIOG)

notwithstanding if I provide you a link to my public drive, that typically means I’ve pulled the documents down and then highlighted the ___ out of the documents and it means I’m trying to save you time -unless of course you enjoy reading 470+ pages.

As you’ll note the SIMs policy, guidelines and notifications are crystal clear. “substantial evidence” of serious “grave wrong doing” Without question the Deputy Attorney General, the Attorney General, the General Counsel and other Senior DOJ (likely career) Leadership.

A matter involving a domestic public official is a "sensitive investigative matter" if the assessment or predicated investigation involves corruption or a threat to the national security.

As it relates to S.I.M. concerning the Media, News Organization and/or Reporter the guidelines are pretty clear. Again in defense of the current Department of Justice - the only reason the public now knows about the “secret subpoenas” for the New York Times, Washington Post and CNN is the blanket gag orders have been lifted.

If you want to blame Attorney General Garland then you also need to acknowledge that he is having a closed door meeting with the aforementioned News Organization on Monday June 14, 2021 - I’m not one to portent to be in our Intelligence Community -but a cursory read the the publicly available documents it seems that Barr violated internal guidelines and he recruited other career and political DOJ employees to do so. They need to be held accountable. And it might be time for Congress to codify some new laws that would preclude another Attorney General (like Bill Barr) or POTUS (like Trump) from engaging in this kind of unethical and vulgar abuse of power.

With respect to both Attorney General Sessions (oddly I actually believe him that he was unaware because he broadly recused himself on matters related to Trump and Russia) conversely I do not believe Bill Barr as far as I can throw him. And his recent “distancing” strains credulity see 10.2.2.7 “other matters” regarding S.I.M.s this gives a detailed hierarchy within the DOJ - therefore it’s reasonable to conclude Bill Barr is lying his face off, again

See pages 180 thru 198 of the (highlighted and red lined copy) of the FBI Domestic Investigations and Operations Guide

June 2020 Former DAG Ayers Testimony

In case you think I’m highly editing Former Deputy Attorney General Ayers testimony - I’m not - heres a cspan link to the hearing - you should watch the clip I uploaded because well - just watch it and then get back to me - because Bill Barr is a pathological liar and he gladly enabled Donald Trump.

Pace yourselves -this is just the beginning

Look like I said attorney general Garland has only been in his post just over 90 days. In that time look at how much has found its way to the sunlight. I think there’s a falsity that “we’ve reached the bottom of the barrel” when it comes to Trump, Barr and Rosenstein et al

THERE. IS..NO. BOTTOM

Therefore it’s advisable that you should probably pace your “outrage” because since AG Garland has been at the helm and his “review” (which on information and belief) is not even close to being done.

“Qui Pro Domina Justitia Sequitur.”

Adam Goldman @adamgoldmanNYT

NEW: Prosecutors subpoenaed Apple for data from the accounts of at least two Democrats on the House Intelligence Committee, aides and family members. One was a minor. ⁦w/⁦@ktbenner⁩ ⁦@npfandos⁩ ⁦@nytmike⁩

nytimes.comHunting Leaks, Trump Officials Focused on Democrats in CongressThe Justice Department seized records from Apple for metadata of House Intelligence Committee members, their aides and family members.

DNI Ratcliffe could have screwed up a one clown car parade - frankly of Donald Trump farted John Ratcliffe would have an instant facelift, for obvious reasons. Ratcliffe was nothing more than an obedient “yes sir may I have another sir” obsequious and servile are the two most accurate words to describe Ratcliffe.

Office of the DNI @ODNIgov

DNI Ratcliffe issues statement on declassification of transcripts

Gag orders lifted or not renewed by DOJ

Again what the DOJ did under the Trump Administration is without equal and reporters being targeted to the degree they were under president Trump - it is antithetical to real American values or our Democracy.

To be clear I’m not giving Attorney General Garland a wholesale pass —I am certain at some point during his tenure - I will vehemently disagree with decisions he makes. The difference is I’m not eager or quick to castigate him without the benefit of court filings.

Case in point the E. Jean Carroll case - To those making a few bucks by making fun of Attorney General Garland for “crying” - again that says way more about you then it does him.
What happened in your life that turned you into a miserable POS? Were you not loved enough by mommy?

And that’s why you think it’s okay to make fun of a man who has spent his entire adult life in service to our Country. So what Attorney General Garland shows compassion, gratitude and empathy. I think those are admirable qualities that our Attorney General should have. Versus trying to score a few political cheap shots so your tweet can go viral. You want to rail that “he’s defending Trump in the Carroll Case” <—the DOJ is part of the Executive Branch and as such they aren’t “defending Trump” the DOJ is defending (sorry for yelling)

The Office of the President of the United States…

That distinction sadly appears to be lost on a lot of individuals. To be clear rape is a serious allegation and one of the most heinous crimes to commit. The essence of Ms Carroll’s complaint is that Donald Trump raped her in the late 1990s. She does deserve Justice and to right the wrongs done to her.

I don’t like the DOJ position on the Carroll case. Notwithstanding intellectually I understand the rationale argued by the DOJ - because the threshold questions actually matter. I get it that its to scream like your hair is on fire then it is to maybe take a deep breath and read the whole docket and every single filing in the case.

Again it’s a threshold question — it’s also the DOJ ensuring that the Office of the President of the United States isn’t potentially injured because of this case. I get the emotion and outrage. I really do because my employer believes in pro-bono work. I have held the hands of sexual assault victims as their body shakes uncontrollably, wiped away their tears - all while medical professionals are trying to gather evidence. Like I said rape is a heinous crime against humanity. Again I don’t like the DOJ’s position but intellectually I understand it.

This case presents the threshold question whether the actions of a sitting President of the United States categorically fall outside the Westfall Act, and also the question of whether Mr. Trump’s response to Ms. Carroll fell within the scope of his office or employment.

Importantly - and especially given Carroll’s argument that (then) president Trump is/was not an “employee of the government” - the implications are far reaching and it makes sense why the DOJ filed what they did. Again I debated whether it was a smart idea to wade into this alligator filled swamp. And frankly I might regret doing this but it seemed important to present the facts in an agnostic manner versus pretending to act like this isn’t a big issue. It is and it warrants a close scrutiny of what was actually argued.

…high-ranking elected official subject to close public scrutiny acts within the scope of employment when making public statements denying and responding to serious accusations. The FTCA and Westfall Act, and the common law tort principles that they incorporate, recognize that in some instances employees will commit torts—including intentional torts—for which the employer bears responsibility, even when the employer disapproves of or expressly forbids the tortious conduct.

In making and defending a Westfall Act certification, therefore, the Department of Justice is not endorsing the allegedly tortious conduct or representing that it actually furthered the interests of the United States. Nor is a reviewing court making any such determinations in upholding the Department’s certification.

again I understand how emotional the Carroll case is, she’s the victim and she should be allowed to pursue justice. Conversely the Department of Justice, in my view is protecting the Office of the President of the United States —they are not defending Trump in a personal aspect, I understand that’s hard for some to understand

…the question in a Westfall Act case is whether the general type of conduct at issue comes within the scope of employment. Speaking to the public and the press on matters of public concern is undoubtedly part of an elected official’s job.

…Courts have thus consistently and repeatedly held that allegedly defamatory statements made in that context are within the scope of elected officials’ employment—including when the statements were prompted by press inquiries about the official’s private life.

Again I do not like what the DOJ filed in the Carroll case but as I’ve repeatedly stated, intellectually I understand why. Lastly you are not not required to agree with my position and that’s okay because we are adults and sometimes it’s best to agree to disagree —provided it’s done so in a respectful manner.

In short I hope this article provides you will additional facts, perhaps a different point of view but most importantly a ton of actual original documents. My motto has always been it’s better to know then to act like you know. And then there are times that you know what you know…because you know.

Also to help you understand why I uploaded those three videos - I created a Bill Barr playlist on my YouTube channel - because I think once you view them as a collective versus standalone it helps you understand the larger picture. I know that much is being made of the Harris Barr exchange but I believe the Harris Horowitz exchange is far more important and it substantiates my assertion that the DOJ-OIG “investigation” is extremely limited because Congress (mainly the Senate) has failed to either codify new law or amend the IG Act and until such time that occurs then by law the DOJ-OIG can’t fully investigate. Something I wish the MSM would take the time to explain because it’s important… for a multitude of reasons

-Filey

1. See January 15, 2019 Congressional Record H563 - re IG Act or 2019 and DOJ-OIG Horowitz’s statement that under current law his office is precluded from investigating the DOJ attorneys and Attorney General https://www.congress.gov/116/crec/2019/01/15/CREC-2019-01-15-pt1-PgH563.pdf#page=3

2. as previously noted Mr Blue’s LinkedIn Account appears to have been recently deleted and there’s no way to determine exactly when his account was deleted D

3. In case you are concerned about the provenance of the various documents - this version of THE ATTORNEY GENERAL'S GUIDELINES FOR DOMESTIC FBI OPERATIONS - is straight from the DOJ’s Archive (circa 2008) https://www.justice.gov/archive/opa/docs/guidelines.pdf

4. Again the Guidelines to DOMESTIC FBI OPERATIONS can also be found via the FBI Vault. Again these are public documents. I would never encourage the leaking of classified documents because that’s criminal and I’m not a piece of shit traitor that would ever encourage leaking for a few “likes and retweets” - https://vault.fbi.gov

5. FBI Domestic Investigations and Operations Guide (DIOG) via the FBI Vault -