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I'm a corporate attorney and I've heard judges laugh at that line. |
Re: Doesn’t Matter Who Wins the K Race; We’re All the Same
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Also, why wouldn't the brevity and speed of Barr's letter, along with the fact that he has admitted Mueller gave him a heads-up on the report weeks ago, indicate that: 1. Barr had a summary of the report, either verbally or written or both, from Mueller long before the actual report was given to him; and, 2. He worked with Mueller in advance to get a letter together (they are friends and have a professional history), which allowed him to offer one so quickly (he certainly didn't read 300 pages with exhibits over the weekend). When Mueller delivered his report, by law a notice he'd done so was required to be filed in Court. Barr and Mueller both knew this, and so knew that there would be immense pressure put on Barr to issue something to the public very quickly. While I absolutely believe that the report will contain saucy, sleazy, and ugly bon mots regarding Trump, and Barr may attempt to avoid their disclosure, the speed and brevity of the Barr letter may be 1 part conspiracy to hide bad facts and 5 parts coordination between Mueller and Barr in advance to release something as quickly as possible. I mean, we all agree there's no way: 1. Barr is misrepresenting Mueller on the material, big issue (collusion); 2. Barr wrote that letter over the weekend; or, 3. Barr or his staff read all the material in the report over the weekend. This letter and its release were weeks in the making, and that planning could only occur if Mueller was coordinating on some level with Barr, and we already know that his office had tipped off Barr regarding the report a few weeks ago. Given this timing, if you think Barr's letter is a ratfuck, you also have to think or at least suspect that possibly Mueller was partly in on the ratfuck. One can think anything he likes, but that would some wildly unusual thinking. |
Re: Doesn’t Matter Who Wins the K Race; We’re All the Same
From a former federal prosecutor, at TPM:
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Sebby, you are welcome to read this but I'm posting it for others on the board, not to try to argue with you or convince you of anything. |
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I'll grant you that it would make sense for Mueller to have had a say in Barr's summary. The problem is if that were true, don't you think Barr and the right wing media would be repeating that "fact" until blue in the face? |
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As to what "we" all "know" or don't: let's get the facts out. This isn't stuff we need to speculate on. |
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I'm betting the tone changes as more comes out. The last I heard is that the real report is somewhere between 300 and 1000 pages long, plus attachments. Think of how that much material plays in a multi-day hearing. |
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In terms of procedure and deadlines, I found it to be very similar to most other Fed and State courts. Thirty days is typical for doc response everywhere. ETA: I agree the report should come out in full. But then what will we talk about in the interim? |
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I’m not saying I know the answer. All of this is conjecture, from all sides. The only people who know all the facts are Barr and Mueller and Rosenstein. But anyone thinking Barr is materially misrepresenting Mueller on collusion is in Crazytown. That’s just too insane. The battle here is over obstruction. Even that ex-prosecutor cited by Ty had to engage in “logical jujitsu” in his first paragraph to try to somehow find collusion that Mueller hadn’t. There’s a bit of comedy here in each side of this discussion using conjecture from others when it suits their arguments, then attacking the opposition for using conjecture from others to support its arguments. It’s got a sham feel to it at times. Like everyone’s just dug in really deep, intractably. |
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Mueller found collusion, you brick. As multiple people have pointed out, we know about it from Mueller's work. "Collusion" is not a crime, as you have pointed out. Mueller did not find sufficient evidence to bring criminal charges for conspiracy between the Trump campaign and the Russian government, something different from and narrower than "collusion." |
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If you don’t understand the only thing left for you given the political climate and D/R split in the Senate is proof Barr misrepresented Mueller in regard to ability to criminally charge, and win, you’re in Crazyland. I’ve no interest in wading into that place. If you think “collusion” sticks without a criminal charge, you’re delusional. Drive this through that brick between your ears: Go to SDNY and nail this guy in a forum where you can win. This Russiagate thing is Over. Don’t get pissy. You asked for the pragmatic take. I’m being polite. |
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And he forged 3 years worth of tax returns! Bank fraud is a lazy prosecutor’s charge because under our shit crim code almost any speculator can be technically charged if in the crosshairs for something else. But this dude wrote up 3 years of entirely fraudulent tax returns. He’s fucked. |
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But mostly, go fuck yourself. You parrot the conventional wisdom of the latest news cycle and conservative talking points sanctimoniously even as you pretend you're having an original thought. You simultaneously regurgitate the combined wisdom of CNN, MSNBC and Fox, and complain about how the media got it wrong. Try having an independent thought. |
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That fucks up the core of the narrative about Russian collusion both politically and legally. Of course you never expected an indictment. But what you wanted, and you did not get, was a finding there were crimes. What pisses you off is that Mueller said, even if Trump were a private citizen, there's not enough to charge conspiracy with Russia. That's the obelisk from 2001 that stares you in the face every time you try to resurrect a claim that Trump conspired with Russians. And so a vague "collusion" assertion is all you have left. And that is a lot of the media's claim now. A sour grapes, petulant, "We didn't care. We knew he'd never indict Trump. But Trump 'colluded' nevertheless, and that's just awful." To that I'd say: We all knew that already. He did that on national TV. So then what was the significance of this Mueller report you've been telling us was going to change everything and torpedo Trump? The significance, of course, is that, lathered in your disgust for this man, wrapped up in a self-righteous fervor, You Wanted Him in Criminal Crosshairs. And Mueller fucked you. You're so deluded that you'll argue with me about whether a majority of the media was at fault here. You can't abide any criticism of anything that attacks Trump. To many here, and on the Left generally, to be a skeptic of the anti-Trump camp is indistinguishable from being pro-Trump. You're emotional. You care too much. It's clouding your powers of reason. Sometimes, the bad guy wins. Actually, most of the time. In this instance, because the good guys made a strategic blunder by making such a big deal of this report. And your last pathetic argument, an ad hominen (because when you ain't got much else...), is to assert I parrot mainstream media. Taibbi and Greenwald are many things. Mainstream media they most certainly are not. Where I did cite mainstream media supporting the argument that the majority of the media was to blame here, it was Bloomberg and the Nation. These are not right wing sources and the articles were written by people who dislike Trump. And the silliness of criticizing me for parroting mainstream media is you've been doing exactly that since the Barr letter was issued. Almost every media outlet that was engaged in a conviction-before-report here has been trying to salvage itself from embarrassment by saying that we don't have all the facts, and Barr is engaged in a cover-up. I just drove ten miles and heard Joe Scarborough rattle off those very points. If anyone's swallowing mainstream media kool aid here, it's you. It's true we don't have all the material facts on obstruction, and you still have some cards to play there. Barr's declination can be criticized. I ultimately think it's ludicrous to assert that obstruction can be based on things a President does in plain sight, defending himself. I think, equitably, you have a right to try to damage and impede an investigation in any means you like aside from destruction of evidence and witness tampering. (Prosecutors already have a deck stacked far too much in their favor.) But some would disagree. And those people are entitled to see the entire report, as are we all, and use the evidence of what they think constitutes obstruction to make an argument that it should have been charged. But relitigating the Russian conspiracy? Stop. Your team got outsmarted in the election. (Those of us on neither team, like me, were also outsmarted, figuring Hillary had it in the bag.) And it's not a crime to opportunistically, on national TV, invite the Russians to do what they did. If you want it to be a crime, go pass a law. But stop fucking whining. ETA: If you want to hear how Trump actually won the election, with the assistance of Cambridge Analytica and Facebook, by suppressing millions of likely Hillary votes and bringing out millions of likely Trump votes, through entirely legal manipulation, listen to Brain McNamee, Zuckerberg's early mentor and now critic, walking Sam Harris through the strategy: https://samharris.org/podcasts/152-trouble-facebook/ |
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Obviously, not enough to cause Mueller to reach a different conclusion, but something. Quote:
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But (oh, I know I'll get shit for this) Trump's going to lose in 2020 anyway. He pulled off a grand coup in 2016 and got crazy lucky. But those 70k votes on which he won have evaporated. Florida is letting ex-felons vote. It's like a million new votes. He's cooked. |
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That alone should be a massive scandal. |
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That's not the end of accountability. Quote:
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Barr's weakness on obstruction is the reliance on lack of underlying crime. You can engage in obstruction without having committed a crime. That's a flatly absurd conclusion he should have omitted from the letter.* The way around obstruction is Barr's other position: That Trump clearly demonstrated a belief from the start that he did not commit a crime, as shown in his statements, and therefore did not have the intent to avoid the uncovering of anything, but was merely defending himself. That statement alone gets Barr where he needs to be. The existence or non-existence of a crime is immaterial. What's material is whether Trump was doing what he was doing to frustrate an investigation, or merely doing it to defend himself. That's a case that's really hard to make because ultimately, only Trump knows why he did what he did. Good luck getting to that answer. _______ * ETA: Barr may have included that statement because to the general public, "no crime, no cover up" closes the case. Politically, it's smart. But to the people who'll assess his letter on logic and legal reasoning, it's damaging. I think Barr assumed, correctly, there are far fewer of us than there are people in the general public who'll accept "no crime, no cover-up." |
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I highlight the lack of criminality in large part to demonstrate how crazy a majority of the media and Trump haters who drank its kool aid were from the start. If this thing had never gone where politics always seems to go - criminal prosecutions for political reasons - we'd be looking at the issue of "How fucked up is Trump to have courted Russian interference?" That's a political discussion worth having. And it harms Trump among sane people. But instead, a majority of the media, and the rabid Trump haters, led a large portion of the country to believe Mueller was going to come back with proof of criminal acts. That was a high standard, a really tough promise to keep. And in it's failure, Trump has now been given a gift. He gets to say "I'm exonerated" of criminal charges where the discussion should have remained, "Trump asked Russians to hack us. Are we really going to re-elect someone so crazy?" I understand there was enough smoke to warrant Mueller's probe. But I think there's also a lesson in this, and the Stevens case, and the Menendez case, about the criminalization of politics. I'm loathe to say we need new laws, but we definitely need some sort of legislation or regulation to stop dragging prosecutors and investigators into political battles. Particularly where we've all know from the start, the only real way to beat this guy is at the ballot box. |
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Now, if you'd read Nabokov's commentary on his translation of Eugene Onegin in both Russian and English because that is the only way to truly understand it, that's different. There's a brag. But did I mention a national publication quoted my #billbarrletters tweet on Moby Dick today? #nothumble |
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And yes, Barr's statement was for political consumption, not legal. Which is smart as the only remedies on the table are political anyway. |
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That wasn't the media's idea, even if many of them fell for it. Quote:
What we need is to elect people who are smart enough lie less, or lie better, or, if they actually believe themselves to be innocent, let the process play out. Of course, he isn't innocent and the investigation was going to demonstrate that he was compromised, so I guess their strategy worked perfectly. |
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That basically means that post-Barr summary almost everyone outside of the foxholers think he's a crook. |
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Congrats on your Twitter quote. |
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But on a more basic note, Icky was starting to tell groupie fuck stories, and you lot started another sebby thread and shut him down. Why? |
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