FBI Director Wray Finally Orders Internal Review of Flynn Investigation

Christopher Wray has ordered an investigation of the Flynn case in an effort to limit damage to the Bureau.

An anonymous source that has proved reliable in the past has revealed that the internal review ordered by FBI Director Christopher Wray is actually completed.  The announcement of the investigation was a mere formality.  In this election year it is merely a matter of waiting for the most propitious time to release it.  The report concludes that there were no illegal acts by FBI agents.

Much of the criticism of the FBI is the result of taking items out of context.  Critics who charge FBI agents with committing perjury are mistaken.  Several examples were found where agents showed a certain lack of candor.  They occasionally misspoke or misremembered or were not completely forthcoming.  It is clear that they should have been more clear in their wording on occasion.

Many of the documents requested by critics were either lost or unavailable.  One agent who had irresponsibly brought his Irish Terrier to work found that the dog had consumed several very important documents.  They were irretrievable.  Others were mistakenly destroyed by the cleaning crew.  A new training program has been initiated and the members of the cleaning crew have been properly chastised.

We must question the motives of those who would destroy the U.S. intelligence community.  Their tendency to believe conspiracy theories calls their mental health into question.  Frankly their McCarthyism marks them as deplorables clinging to their guns and bibles.  These critics should be concerned about their wellbeing.  As Senator Schumer said, "Let me tell you: You take on the intelligence community, they have six ways from Sunday at getting back at you.”  

Much of this conflict revolves around semantic exercises.  FBI and media gurus are experts in this field.  Using the term "grossly negligent" instead of "extremely careless" can mean the difference between violating a statute and mild criticism.  Christopher Wray has stonewalled every effort by Congress to obtain records.  He has revealed himself as a member of the Deep State.  Wray ordered the Bureau’s Inspection Division to conduct an after-action review of the Michael Flynn investigation.  He would not have done this unless he was confident that they would minimize any damage done. He is not about to abandon the Deep State.

It is instructive to read the words of a Chinese philosopher 2,400 years ago. Confucius said, "If language is not correct, then what is said is not what is meant. If what is said is not what is meant, then what ought to be done remains undone. If this remains undone, then morals and acts deteriorate. If morals and acts deteriorate, justice will go astray. If justice goes astray, the people will stand about in helpless confusion. Hence, there must be no arbitrariness in what is said. This matters above everything."  

Pride cometh before a Fall

Pride cometh before a Fall

The Deep State media have no idea how badly they have discredited themselves.  Donald Trump's press conferences are working according to his plan.  

Bob Woodward and Carl Bernstein initiated a new trend in journalism: showing scribblers could take down a president. They have had many imitators.  Who would not like to go down in history as the next Woodward or Bernstein?  Jim Acosta has also instituted a new trend in journalism: confrontational rudeness.  The press corp apparently sees this as a successful technique.  Sorry Quenosabe.  It is not.  This is an excellent example of Donald Trump playing the press like a fine Stradivarius.  There is no danger that revealing Trump's strategy will alert the press.  If you point out to a madman that his behavior is irrational he does not respond, "Thank you very much I did not realize that I was acting strange.  I will try to act more conventional in the future."  In their colossal arrogance they are convinced that they are so much smarter than the president.  He beats them consistently yet they do not revise their assessment.  Their is something pathological about that behavior.

During an April press conference Olivia Nuzzi from New York Magazine asked, “If an American president loses more Americans over the course of six weeks than died in the entirety of the Vietnam War, does he deserve to be re-elected?”  She claimed, "It wasn’t a gotcha question, it wasn’t designed to provoke."  Remarks like that only damage an individual's credibility.  Of course it was meant to provoke.  This sounds a lot like a CNN producer who claimed the network's journalists were not rooting against the president in November.  "It's not a matter what his political beliefs or his ideological beliefs are. I don't think I have ever run into anybody who says they literally hate Donald Trump the man. Nobody I know is openly rooting for him to lose."

CBS News' Paula Reid's exchange with the President in April was so filled with interruptions that it would be difficult describe.  She did not show any respect for the President.  Her interruptions would have been disrespectful in any exchange with an adult.  The May 12 press conference is another example of confrontational media.  President Trump mentioned that the United States were doing better than other nations.  Weijia Jiang from CBS News asked him, "Why is this a global competition to you if every day Americans are still losing their lives and we’re still seeing more cases every day?"  Trump's response was, "maybe that’s a question you should ask China."  Trump then requested a question from another reporter.  Jiang interrupted asking, "Sir, why are you saying that to me specifically?"  Trump responded, "I’m not saying it specifically to anybody. I’m saying it to anybody that would ask a nasty question like that."  Jiang responded, "That’s not a nasty question."  The President attempted to receive another question when CNN's Kaitlan Collins interjected, "I have two questions."  The President indicated he was calling on another reporter.  Collins would not give up saying, "But you pointed to me. I have two questions, Mr. President."  Trump persisted, "Next, next please."  Collins still would not surrender saying, "But you called on me."  Trump's response was, "I did and you didn’t respond and now I’m calling on the young lady in the back, please."  Collins explained, "I just wanted to let my colleague finish, but can I ask you a question."  At this point the President had had enough and announced, "Okay, ladies and gentlemen thank you very much, appreciate it."  Still Collins would not give up saying, "But you called on me." 

CNN's analysis of the press conference was naturally critical.  Oliver Darcy claimed,
"Trump acts like he wants the US press to be more like China's."  CNN's Wolf Blitzer said, "A very ugly, ugly ending to that one-hour appearance by the President in the Rose Garden."  Darcy pointed out that, "some critics said Trump's remarks toward Jiang were racist.  Other critics suggested the exchange was laced with sexism."  He neglected to point out that other critics did not take their medications that morning and were just simply confused.  A thorough search for "other critics" could result in some thoroughly bizarre claims.

Nuzzi alleged, "The President's unprofessionalism is always revealed most clearly when he is interacting with female reporters."  Is it possible that Nuzzi had Peter Alexander in mind when she made that comment?  Peter appeared to criticize the President for being too optimistic: "Is it possible that your impulse to put a positive spin on things may be giving Americans a false sense of hope, and misrepresenting the preparedness right now."  Next he appears to be critical of the President for not giving a positive message: "What do you say Americans who are watching you right now who are scared?"  He claimed he was giving the President “softball” questions.  Later on MSNBC with Andrea Mitchell he claimed, “I was trying to provide the president an opportunity to reassure the millions of Americans, … to provide a positive or uplifting message.” That is an "uplifting message" not a "false sense of hope."  The President tore into him and his response was to appear to be clutching his pearls with a doe eyed look on his face.  This body language may gain sympathy for a pre-teen girl but it is not impressive on a 44 year old man.

Professional Courtesy Runs Amok

The level of corruption in the Department of Justice is astounding.  Bureaucrats receive little or no punishment for serious infractions,

Illegal activity is frequently overlooked as a result of what is called professional courtesy.  A police officer might not ticket a fellow officer for exceeding the speed limit.  This is almost excusable: we often excuse behavior by a family member that we would not tolerate in a stranger.  When a life threatening situation is excused it is no longer a matter of courtesy: to allow a highly intoxicated driver to proceed with only a warning does no favour for the driver or his potential victims. It appears that the U.S. Department of Justice (DOJ) is allowing our highways to be flooded with drunken drivers.  

Judge Emmet Sullivan, the highly respected judge in the Michael Flynn case, is capable of outrage.  He told General Flynn, "Arguably, you sold your country out," and “I’m not hiding my disgust, my disdain for this criminal offense.”  Sullivan questioned prosecutors, "Could he have been charged with treason?”  Clearly it does not appear that Sullivan plans to go easy on Flynn. 

Sullivan is much more forgiving of his colleagues in the legal profession.  For the record he has made many denunciations and threats in response to gross misconduct by prosecutors.  However, consequences have been minimal.  Sullivan has had a great deal of exposure to prosecutorial misconduct.  He presided over the trial of Senator Ted Stevens.  The prosecution's criminal activity in this case was so blatant that the conviction was thrown out.  Unfortunately Stevens lost his Senate seat giving the Democrats an 60 seat filibuster proof majority.

Much of the evidence leading to Stevens' conviction was gathered by FBI lead agent Mary Beth Kepner.  Kepner was described by her supervisor as a "top-notch, creative investigator, dogged and determined and so creative in developing cooperating witnesses, cooperating subjects."  Investigators found that while she may have been very creative, she was not "top-notch."

FD-302s are official records based on notes taken during FBI interviews  They must be composed within five days of the interview.  Judge Sullivan ordered the Feds to turn over all of the FBI's 302s to the defense. Kepner had not document all of her interviews, so she made them up following the judge's order, backdating two of the 302s by more than two years.  Kepner denied under oath that she had done this.  Her excuse was, "You know, unfortunately, you know, I was disorganized with this, you know, I was overwhelmed and, you know, I lost materials that had, you know, I lost notes, I lost 302s."   Attention was brought to Kepner's behavior by her partner "whistleblower" Chad Joy.  While Joy was taken off criminal cases, in effect ending his career, Kepner was allowed to remained with the FBI.

The DOJ's prosecution team "was part of an elite group of prosecutors in the Public Integrity (PIN) Section, with experience pursuing high-profile and complex cases."  The team included Brenda K. Morris, principal deputy chief of the PIN Section, William M. Welch II, James A. Goeke, Edward P. Sullivan, Joseph W. Bottini, and Nicholas A. Marsh.  This team was repeatedly chastised by Judge Sullivan for withholding exculpatory information. "As any law student knows, prosecutors must disclose any potentially exculpatory evidence to the defendant in a case." The prosecutors not only withheld information they also submitted false information.  Judge Sullivan complained, “It’s very troubling that the government would utilize records that the government knows were false.”

Judge Sullivan was losing patience with the prosecutors.  He insisted they release the documents.  He stated, “That was a court order. That wasn’t a request,” and “I didn’t ask for them out of the kindness of your hearts….Isn’t the Department of Justice taking court orders seriously these days?”  He then held Morris, Welch, and Patricia Stemler, chief of the Criminal Division’s Appellate Section, in contempt of court.  Sullivan appointed a special prosecutor, Henry F. Schuelke III, to investigate the case.  Schuelke III, did not recommend criminal charges against any of the federal prosecutors despite finding widespread misconduct, some of it intentional.  Sullivan said he would not hold them criminally responsible for their "ill-gotten verdict."

18 U.S. Code § 1519. deals with the destruction, alteration, or falsification of records in Federal investigations and bankruptcy.  The penalty for knowingly falsifying documents includes imprisonment for up to 20 years.  The team appears to have gotten off lightly. Joseph W. Bottini was suspended without pay for 40 days.  James A. Goeke was suspended without pay for 15 days.  Nicholas A. Marsh escaped punishment by committing suicide. William M. Welch II and Brenda K. Morris were both exonerated.  This was Morris' second escape from a misconduct charge.  In 2007 the government paid a $1.34 million misconduct settlement in a case she was involved in.

Now Judge Sullivan has been dealing with a new set of prosecutors.  He is confronting many of the same old problems.  The case against General Flynn involves an interview he had with the FBI dealing with his meetings with the Russian Ambassador Sergey Kislyak.  Contrary to protocol James Comey had sent two FBI agents to interview Flynn without notifying the White House.  The interview has been described as a "perjury trap."  Flynn was advised by FBI officials that he did not need to have White House counsel present.  He was also not given his Miranda rights.  The  Mueller’s team stated “He does not need to be warned it is a crime to lie to federal agents to know the importance of telling them the truth.”  Notes about the meeting asked, "What is our goal?"  "Truth/Admission or to get him to lie, so we can prosecute him or get him fired?"  Flynn's attorney Sydney Powell wrote. "The object of the interview was to secure, rather than prevent, a 1001 [false statements] violation."  It is understandable why the DOJ was reluctant to release documents to the court and defense.  Judge Sullivan received documents more than two years after he had ordered them.  302s were lost or destroyed and documents were altered by Peter Strzok and Lisa Page.  These documents do not show the investigation of a crime. They show prosecutors trying to create a crime.

Joseph E. diGenova, former U.S. Attorney for the District of Columbia claims, “the people at [the Justice Department] have come to believe that they are immune, that nobody can touch them, and that judges will ignore their prosecutorial misconduct.”  If the officials involved only receive a few days suspension without pay Joseph E. diGenova is correct.  When corruption becomes the norm it is no longer seen as corruption.