Myths of Congressional Investigations, the DOJ & the HSCJ6: “release all the depositions NOW”
I’m confident the HSCJ6 will accede to the random social media user’s “demanding ALL the depos be released NOW” — said no reasonably informed sane person ever. Seriously go chug some STFU Juice
Prerequisite preface;
I needed to take some extended time off. Truth be told I’m not paid nor have I ever had a fraudulent GoFundMe. Weirdly I’m compensated pretty well by my clients & employer. However researching for Substack articles is like a full time job, at least for me, because I want to get it right. I also know that my readers trust me and that’s not something I will ever take for granted. Since January 2017 I’ve been burning multiple candles at both ends. And sadly my family has shoulder the brunt of my lack of engagement, frustration and at time pure unbridled rage.
In short I’ve been running on fumes, for months. So I needed to take a minute and recalibrate my priorities. While I’m not committing that I’ll publish a daily article I do try my best to be consistent. And no, I’m never returning to the hellscape known as Twitter. That platform is a cess pool of narcissism, self harm and screaming uniformed goats. That are constantly circling the drain of the deepest of deep stupid that needs to be flushed down the porcelain throne.
The DOJ and Jan6th…
I feel like it’s Groundhog Day —because here I am reexplaining matters that I’ve previously explained. I hate having to repeat myself, mainly because I don’t have the time or patience. To those on social media espousing the corrosive and divisive rhetoric. You criticizing the Department of Justice, I say the following with zero respect intended: when you encounter Blue-QANON and QANON in the wild. I think you need to asking yourself the following series of questions:
The classic: Who, what, Where, When, How and Why —in no particular order of preference:
Who are their sources?
Why do these individuals refuse to proffer original documents?
What is the underlying motive to falsely set their followers expectations
…(according to some of the same Blue-QANON, tens of thousands of indictments would be unsealed on January 20, 2021 and Trump would be at the top of their “imaginary list” -dumbass creating threads with a random ECF report —for the love of my soul, I’ve explained countless times why a document is sealed & that not all sealed filings are an indictment (slams head on desk hoping to knock myself out)
How are their post offering facts or new information to support their specious and baseless assertions?
When have any of their past predictions ever come true?
Where is their actual research? I’m not talking about the plagiarized research I’m talking about the down and dirty hard work to produce actual original research to support their baseless threads…
In short we all have the capacity to exercise critical thinking. That asking relevant questions versus acting like a lemming and following the self appointed Blue-QANON & QANON leaders over the disinformation cliff. It’s okay to say “whoa there, hold on, I have a few questions…” —without doing so, it is detrimental to us as individuals or society at large. By refusing to consider proffered information as automatic fact simply because said individual has a blue check. There is absolutely nothing wrong with saying “I have questions, show me your receipts and/or help me understand how you got from Point A to Z” — if that person is intellectually honest they will have zero issues answering your questions.
Case in point I unapologetically love it when my readers ask me questions. Mainly because I have really smart readers and their questions provide me an opportunity to; 1) add to a robust fact based framework, or 2) contemplate an alternative point of view that I may not have originally considered, and 3) even if there’s a disagreement I’m okay with respectfully agreeing to disagree. That doesn’t give me free license to tear my readers down, because the whole golden rule —and mutual respect. Your questions make me a better and smarter person and for that I am eternally grateful to my readers for the success of this platform. In the end all I’m saying is: use your noodle and ask probative questions…
You should watch the NBC News Exclusive Interview with Attorney General Merrick Garland. And once you are finished watching that interview I would strongly recommend that you read my June 2021 Article.I took great pains to source as many FBI and DOJ documents because: S-I-Ms (Special Investigative Matters) isn’t an abstract agency policy. I actually explained in June 2021 why Congress should bring in Current/Career Department Justice Attorneys - forthwith. And I further provided the policies and protocols that SIMs require:
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)
See pages 180 thru 198 of the (highlighted and red lined copy) of the FBI Domestic Investigations and Operations Guide
Again I stand behind every word in this June 2021 article —even the misspelled words and grammatical errors. Largely because it took a decent amount of time to not only track down the FBI and DOJ policies but I also wanted to read the documents in their entirety.
Hold anyone responsible for preventing “the lawful transfer of power”
And the fact that AG Garland and the HSCJ6 are now on the same page concerning the HSCJ6’s (potential) Donald J Trump criminal referral to the DOJ…that’s an incredibly nuanced datapoint that’s pretty significant.
…to bring to Justice anybody who is criminally responsible for interfering with the peaceful transfer of power from one administration to another, which is a fundamental element of our Democracy…
We pursue justice without fear or favor. We intend to hold everyone, anyone who was criminally responsible for the events surrounding January 6…that's what we do. We don't pay any attention to other issues with respect to that.”
The reason I’m highlighting the SIMs guidelines is if you don’t think our current Attorney General and his Deputies are not using these, then I regret to inform you “oh yes they are” —To date there are at least two Grand Juries empaneled in the Federal District Court of Washington DC. As far back as December 2021 —I have maintained; I trust Attorney General Garland. Not to belabor this point but the previous criticism that the HSCJ6 wasn’t cooperating with the Justice Department —turns out that the HSCJ6 started sharing deposition transcripts in mid June —because the narrative that the HSCJ6 “wasn’t cooperating” was/is disinformation because the HSCJ6 stated (repeatedly) “when the time is right” —in sum the DOJ doesn’t wait for an Congressional Investigation to conclude. The DOJ has far more power than a House Committee. Again the HSCJ6 investigation is focused on the facts and potential legislation. The DOJ is strictly criminal investigations and the two are really intertwined. Yet seeing so many conflate these two basic facts, makes my left eye twitch.
“I demand to know exactly what the USAO-DC is doing”
Perhaps I’m in the minority, but when it comes to criminal investigations, I almost always default to the pragmatic approach. Meaning I’d rather the USAO-DC, Main DOJ and/or Attorney General Garland and his deputies get it right. Meaning in my line of work, I’d rather have it done right because you can’t get two bites from the same apple. Ergo the empty screams that the DOJ isn’t doing anything or Attorney General Garland is “a Trojan Trump Horse” turns out that those prognostications of the Blue QANON —utterly wrong.
As widely reported an eagle eyed reporter notice the (former) Vice President’s Chief of Staff, Mark Short exited the Federal Court on Friday July 22, 2022 —thereafter, specifically yesterday Mark Short made the rounds on (Cable) News outlets. In which he confirmed he received a subpoena from the USAO-DC and he complied with it. ProTip: the fact Short was physically present before a grand jury, that insinuates he “provided testimony” —although his subpoena could have been for both oral testimony and documents… also super fun fact, Mark Short is currently represented by Emmet Flood. That name should ring a bell. Because Emmet Flood “helped Trump through the Mueller Investigation” and lest you forget what happened on May 28, 2018 —and Senator Warner made his point of view crystal clear.
Moreover according to recent reporting from the Washington Post (Arizona fake-electors subpoenas show breadth of DOJ Jan. 6 probe) , we now know, unequivocally that Karen Fann, the current president of the Arizona Senate, and Sen. Kelly Townsend have both been served subpoenas (read more from the Washington Post) Back on June 30, 2022 the AZ Mirror was first to report the Grand Jury Subpoenas (for Fann & Townsend) Again back in January 2022 the HSCJ6 zeroed in on Trump/Eastman/Clark Fake Elector Scheme aka Conspiracy to Defraud the United States of America. And let’s not forget Cleta Mitchell because the metadata doesn’t lie. The bottom line is:
…Donald J Trump is under a criminal investigation…
and has likely been for several months. My educated guess is the DOJ has honed in on the slate of fake electors. Read more here, here ← personally speaking that article was one of the more heavy research lifts or generally here
And let’s not forget the DOJ-OIG executing a search warrant on Jeffery Clark’s home. Or last month’s John Eastman search warrant. So the notion that the USAO-DC and more broadly the DOJ aren’t doing anything. I think we can all agree, YES. THEY. ARE. and it’s a good sign that there aren’t any leaks coming from the DOJ. Because “silence is the refuge of the wise” and I’d rather the DOJ quietly do the hard work that will result in many prosecutions. The point is the USAO-DC are no longer looking at the periphery of Donald Trump, with actual Trump White House Insiders, like; Mark Short and Greg Jacobs have testified to a Grand Jury. Allow me to tell you why the DOJ has likely zeroed in on Trump/Eastman/Clark ‘s conspiracy to defraud the United States of America. Moreover in June Politico was first to report;
In the three-page document, attorney Greg Jacob concluded that if Pence were to embrace Trump’s demand that he single-handedly block or delay the counting of electoral votes on Jan. 6, he would be breaking multiple provisions of the Electoral Count Act, the law that has governed the transfer of power since 1887.
-You saltwater intermission-
Because I’m mindful this is a very long article and that my readers might appreciate an ocean intermission. However in the event that you need more saltwater therapy, this is the full five minute and thirty seven second sunrise, the cinematic feature is pretty spectacular. I mean I thought 4K was fancy but now I can see the insane picture quality…
Criticism of the HSCJ6 (seriously again)
I get it that some are criticizing the HSCJ6 “hoarding information” but I’d like to explain why that particular criticism is “weak sauce”, pathetic and hilariously asinine… in the late morning of July 25, 2022 Rep Elaine Luria tweeted out a three minute and twenty seven second video. I recommend that you watch it, in its entirety…
Trump’s Jan 7, 2021 “speech to the American people”
Again the 3+ minute long video released by HSCJ6 Member Rep Luria is like a supercut of; Trump’s daughter, Trump’s Son-In-Law, Trump’s buddy John McEntee (who was fired in 2018), White House Counsel (WHC) Pat Cipollone, Eric Herschmann et al —collectively explaining just how “watered down” Trump’s Jan 7, 2021 “speech” to the American people
Breaking Down the lies in Trump’s Jan, 2021 speech:
The transcript of Trump’s speech can be located on the YouTube (archived) video. For the purpose of this exercise I’d like to point out that the second sentence out of Trump’s mouth was a flat out lie:
Trump Lie # 1:
I immediately deployed the National Guard and federal law enforcement to secure the building and expel the intruders.
Back in March of 2021, I attempted to walk you through the Defense Department’s contemporaneous notes/timeline and (ret) General Walker’s testimony. And yet this bears repeating (then) DC Naturally Guard, General Walker testified about a “new” memo which required approval from both the Secretary of Army and Secretary of Defense - why the DC National Guard was only activated after VP Pence received a call from the Joint Chief. Furthermore as far back as March 2, 2021 the FBI Director (correctly) labeled the Jan6th insurrection as “act of Domestic Terrorism” —that’s why I continue to bristle at the mainstream media using incorrect terminology: riot, protest, insurrection, rioters etc.
Lie # 2:
My only goal was to ensure the integrity of the vote. In so doing, I was fighting to defend American democracy
If that was really his goal, well talk about the biggest loser. Trump did everything within his power and control to actually have the ballots not counted. You can’t canonize yourself when you spent months; radicalizing hundreds of Domestic Terrorist, instigating the anger by the amplification of your big lie, and then conducted yourself as the criminal mastermind of the deadly domestic terror attack on our Capital and more-broadly our shared democracy.
Case in point, in the recent weeks a bipartisan effort:
Under a multi prong framework, a bipartisan group of Senators are seeking to not only clear up the ambiguity of the 1887 Electoral Count Act language. Keep in mind, that Eastman’s “legal opinion” was largely based in the ambiguous language contained herein. You can read the full text of Electoral Count Reform and Presidential Transition Improvement Act.
Electoral Count Reform Act (ECRA one-page summary). seeks to reform and modernize the outdated Electoral Count Act of 1887 thus ensuring electoral votes tallied by Congress accurately reflect each state’s vote for President (replete of undue political influence). ‘It would replace ambiguous provisions of the 19th-century law with clear procedures that maintain appropriate state and federal roles in selecting the President and Vice President of the United States as set forth in the U.S. Constitution.”
Presidential Transition Improvement Act (PTIA one page summary). This is. a direct byproduct of GSA-Emily and the outgoing Trump Administration “…would help to promote the orderly transfer of power by providing clear guidelines for when eligible candidates for President or Vice President may receive federal resources to support their transition into office.”
See the full text of the second piece of bipartisan legislation: Enhanced Election Security and Protection Act which addresses four distinct areas, threats to election workers (which is on the rise) holding the USPS feet to the fire because Louis DeJoy (should be indicted but the former “acting” USAO-DC lacked the fortitude)
1) Enhanced Penalties to Protect Our Elections Act. “Would double the penalty under federal law for individuals who threaten or intimidate election officials, poll watchers, voters, or candidates. Under current law, threats of violence or intimidation against these individuals are punishable by no more than one year in prison. This penalty would be raised to no more than two years in prison.”
2) Postal Service Election Improvement Act. This section aims to improve the handling of election mail by the U.S. Postal Service and provide guidance to states to improve their mail-in ballot processes where permitted under state law.
3) Election Assistance Commission Reauthorization. This section would reauthorize the Election Assistance Commission (EAC) for 5 years, and require the EAC to conduct cyber security testing as part of its testing and certification process for voting systems.
Established by the Help America Vote Act of 2002, the EAC is an independent agency that helps states improve the administration and security of federal elections.
The EAC administers grants to states and develops non-binding guidance and best practices for election officials in various areas, including cybersecurity, election audits, and voting accessibility.
The authorization for the EAC, which is led by two Republican and two Democratic commissioners, expired in fiscal year 2005, although the agency has continued to receive annual appropriations for operations.
4) Election Records Protection Act. This section would clarify that current law requires electronic election records be preserved. It would also increase the existing maximum penalties for individuals who willfully steal, destroy, conceal, mutilate, or alter election records from $1,000 to $10,000 and from up to one year in prison to up to two years in prison. In addition, it would make it illegal to tamper with voting systems.
Additionally see the recently released Election Assistance Commission’s; 2020 Election Administration and Voting Survey Report —the data elucidated in that report is pretty interesting and further substantiates previous data from CISA. Specifically look at the data in the States where Trump targeted the Republicans in Georgia, Michigan, Pennsylvania, Arizona. You can also read the official FEC 2020 Certified Election Results too
Lie # 4:
My focus now turns to ensuring a smooth, orderly, and seamless transition of power. This moment calls for healing and reconciliation.
Because GSA-Emily isn’t out of the woods, at all. I mean I’m pretty sure no one actually forgot about the Nov 2020 FEC Letter to GSA-Emily. Let’s not forget the other Congressional Investigation (by the House Oversight Committee) regarding Trump DC & the GSA contract. As for healing and reconciliation, Trump enjoyed watching his radicalized domestic terrorist “infiltrate” our US Capitol and he absolutely relished in the specter of his domestic terrorist beating the ever loving shit out of hundreds of Law Enforcement Officers. Trump. Loved. It. That assertion is evident in the multiple witnesses the HSCJ6 proffered to the American people.
Lie # 5
Defeating this pandemic and rebuilding the greatest economy on earth will require all of us working together. It will require a renewed emphasis on the civic values of patriotism, faith, charity, community, and family. We must revitalize the sacred bonds of love and loyalty that bind us together as one national family.
Strategically speaking, the HSCJ6 has earned my trust and respect. Those who are casting false aspersions that the HSCJ6 is “hoarding information” —allow me to prove you a short masterclass in strategic engagement:
Keep. It. Simple. Stupid. and the August Recess
Statistically speaking (and as a general standard, albeit best practices standard) individuals needs anywhere from three to five “touches/impressions” for that information and/or narrative to sink in. Notwithstanding complicated investigations, the goal is to explain the investigation in the most simplistic manner possible, meaning
K.I.S.S: Keep. It. Simple. Stupid.
Generically speaking most Americans are not as “highly educated” as most assume. Meaning an effective way to present complicated facts, the presentment of facts must be tailor so a ten year old can understand. Failure to do so, typically means the message doesn’t break through to the intended audience. And once the audience has tuned out, you’ve lost them, and it’s almost impossible to re-engage aforementioned audience. Moreover in order to “hold” the audience’s attention, selective disclosures come into play. Time, that is the actual passage of time is your enemy. Case in point the previously scheduled August recess, because it’s the law.
No really I’m serious, in 1970 Congress passed the Legislative Reorganization Act (LRA) confided on October 26, 1970, resulting in Public law 91-510 (which was the progeny of Legislative Reorganization Act of 1946) —I mean I did say “it’s the law” right? And by now you already know that I don’t make an assertion that I can’t instantaneously backup with receipts.
Misinformation and disinformation regarding the HSCJ6;
those on social media, who continue to post, that members of the HSCJ6 are “leaking” for clicks. That particular narrative is unequivocally and categorically false.
Last week it was Rep Adam Kinzinger “leaked” , see here and here, the latter is likely nothing more than ensuring a ton of clicks because that appears to be the predictable modus operandi. Thirty much?
There have been minimal leaks from the HSCJ6. Yet somehow both the QANON and Blue-QANON continue to falsely espouse (I’d actually argue premeditatively) that these drips of evidence are somehow a “leaks” spoiler they are not leaks.
Generally speaking especially in Washington DC the term “leak” has an extremely pejorative connotation. The supposed “leaks” are not leaks (yes I’m repeating myself). In fact these are known as strategic disclosures from the HSCJ6. Meaning that every video deposition, replicated text messages/emails —trust me when I tell you this; The HSCJ6 Chairman and Vice-Chairwoman have authorized these disclosures, with a primary objective of continuing to engage the American people of the Committee’s ongoing investigation. The petulant “I demand the HSCJ6 release all the depositions” —well I’m pretty sure people in hell might demand ice water. These individuals need to go chug some STFU juice because your pernicious demands are adorably uniformed and it proves you are batting way and I mean way out of your intellectual league.
This goes without saying but apparently it needs to be said, out loud (yet again). Congressional Investigations and Department of Justice Criminal Investigations are not on a preordained timetable, dictated by thirst trap twitter users. Because even blue-check twitter users are not the sole dictator of when a Congressional Committee releases information to the American people. Nor do these individuals have any sway when the DOJ indicts.
An investigation, such as the HSCJ6 is an incredibly complex investigation. The HSCJ6 members have repeatedly stated “the will follow the facts, no matter where they lead” —additionally those who don’t know Jack or shit about how Washington DC works, allow me to elucidate a few incontrovertible facts:
the HSCJ6 has interviewed/deposed more than a 1,000 individuals. You do understand that a “transcribed interview” is colloquially known as a deposition, right? Applicable to a video and/or audio only deposition.
hundreds of thousands of pages of electronic communications have been handed over to the HSCJ6
with an aggregate subset of documents, likely produced based on various subpoenas
the vast majority of the documents were likely handed over voluntarily.
the HSCJ6 investigation is very much “ongoing” —not to belabor the point but Congress has an extended August Recess, see current calendar here
After the testimony of Cassidy Hutchinson (on April 24, 2022 I clearly explained why Cassidy Hutchinson “is an American Patriot” and I’m pretty sure I explained to my readers that her testimony would be beyond compelling. Furthermore I also explained that on July 8, 2022, there would be a new tranche of documents that NARA would be transmitting to the HSCJ6 What’s absolutely clear is the proverbial flood gates have opened. Meaning that it’s more likely than not:
New witnesses came forward
Previous witnesses “might” have had their memories “refreshed”
the HSCJ6 is likely corroborating (not only past witnesses) but undoubtedly any new witnesses that have come forward:
this means that the HSCJ6 investigation is truly real ongoing
HSCJ6 is likely uncovering new facts with the new witnesses and document production
HSCJ6 is likely going over the previous facts, trying to identify ant potential questions that were not previously asked
The HSCJ6 future hearings will focus on the Fake Elector scheme
Again apologies for the length of this article, I started writing it on Sunday but then my bonbons got in the way. By the time I had and chunk of free time, I was already intellectually exhausted and lacked the stamina to write a cohesive article, that didn’t look like a crazed squirrel popping pop rocks and chasing it down with a 22oz of Red Bull. But like I said the HSCJ6 recent disclosures, that’s an intent act and a strategic one too. Again I trust the HSCJ6, the DOJ, our Attorney General and the USAO-DC and so should you. Patience is a characteristic that apparently is in short supply. Lastly all I’m saying is please be patient because impatience means you’ve succumbed to the lazy “I want it now” mentality.
Most likely I won’t be publishing tomorrow. My day starts at 5AM and I’m currently making a 300+page document bleed red with the edits, rewriting and notes. Apparently using a long table of contents to hyperlink to the subsection is a skill that some have yet to master. Insert super judgey-eyes. Because I saw the track changes when a coworker turned that feature off <insert snort & eyeroll>
"chug some STFU juice"...I'm gonna share ('cuz I care) that with some people.
As always, thanks for links to places I've never been! That Guide is so tl:dr---lol
You know we want you to take care first and foremost, Filey, so shorter is kewl as it means we will still hear from you. :heart:
I would be happy with a bi-weekly update .... TAKE some family time, or you might not have one.