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By Bret Stephens| The New York Times

This months bombshell indictment of Igor Danchenko, the Russian national who is charged with lying to the FBI and whose work turns out to have been the main source for Christopher Steeles notorious dossier, is being treated as a major embarrassment for much of the news media and, if the charges stick, thats exactly what it is.

Put media criticism aside for a bit. What this indictment further exposes is that James Comeys FBI became a Bureau of Dirty Tricks, mitigated only by its own incompetence. Donald Trumps best move as president (about which I was dead wrong at the time) may have been to fire him.

If you havent followed the drip-drip-drip of revelations, late in 2019 Michael E. Horowitz, the Justice Departments inspector general, published a damning report detailing many basic and fundamental errors by the FBI in seeking Foreign Intelligence Surveillance Court warrants to surveil Carter Page, the American businessman fingered in the dossier as a potential link between the Trump campaign and the Kremlin.

Shortly afterward, Rosemary Collyer, the courts presiding judge, issued her own stinging rebuke of the bureau: The frequency with which representations made by FBI personnel turned out to be unsupported or contradicted by information in their possession, and with which they withheld information detrimental to their case, calls into question whether information contained in other FBI applications is reliable, she wrote.

Were the FBIs errors a matter of general incompetence or of bias? There appears to be a broad pattern of FBI agents overstating evidence that corroborates their suspicions. That led to travesties such as the bureau hounding the wrong man in the 2001 anthrax attacks.

But it turns out the bureau can be both incompetentandbiased. When the FBI applied for warrants to continue wiretapping Page, it already knew Page was helping the CIA, not the Russians. We know this because in August 2020 a former FBI lawyer, Kevin Clinesmith, pleaded guilty to rewriting an email to hide Pages CIA ties.

And why would Clinesmith do that? It certainly helped the bureau renew its wiretap warrants on Page, and, as he once put it in a text message to a colleague, viva la resistance. When the purpose of government service is to stop the crazies (one of Clinesmiths descriptions of the elected administration), then the ends soon find a way of justifying the means.

Which brings us to the grand jury indictment of Danchenko in the investigation being conducted by special counsel John Durham. Danchenko was Steeles main source for the most attention-grabbing claims in the dossier, including the existence of a likely mythical pee tape. Steele, in turn, wrote his report for Fusion GPS, an opposition-research outfit that had been hired by a Washington law firm close to the Hillary Clinton campaign and the Democratic National Committee.

Translation: The Steele dossier was Democratic Party-funded opposition research that had been sub-sub-sub-sub contracted to Danchenko, who now stands accused of repeatedly lying to the FBI about his own sources while also having been investigated a decade ago for possible ties to Russian intelligence. Danchenko has pleaded not guilty and adamantly denies Russian intelligence ties, and he deserves his day in court. He describes the raw intelligence he collected for Steele as little more than a collection of rumors and innuendo and alleges that Steele dressed them up for Fusion GPS.

Of such dross was spun years of high-level federal investigations, ponderous congressional hearings, pompous Adam Schiff soliloquies and nonstop public furor. But none of that would likely have happened if the FBI had treated the dossier as the garbage that it was, while stressing the ways in which Russia had sought to influence the election on Trumps behalf or the ways in which the Trump campaign (particularly through its onetime manager, Paul Manafort) was vulnerable to Russian blackmail.

Instead, Comey used it as a political weapon by privately briefing President-elect Trump about it, despite ample warnings about the dossiers credibility. In doing so, Comey made the existence of the salacious and unverified dossier news in its own right.

If you are a certain kind of reader probably conservative who has closely followed the Durham investigation, none of the above will come as news. But Im writing this column for those who havent followed it closely or who may have taken a keener interest in tales about Trump being Russias puppet than in evidence that, for all of his many and grave sins, he was the victim of a gigantic slander abetted by the FBI.

Democrats who dont want the vast power wielded by the bureau ever used against one of their own as, after all, it was against Hillary Clinton ought to use the Durham investigation as an opportunity to clean up, or clean out, the FBI once and for all.

Stephens writes for The New York Times.

Link:
Stephens: The federal bureau of dirty tricks - The Tennessean

From unruly passengers, Astroworld, infrastructure and microchipping to poor polling, here are some of our top opinion reads you may have missed.

In today's fast-paced news environment, it can be hard to keep up. For your weekend reading, we offer you in-case-you-missed-it compilations of some of the week's topUSA TODAY Opinionpieces.As always, thanks for reading, andfor your feedback.

USA TODAY Opinion editors

By The Editorial Board

"A passenger uses a racial slur to berate an African-American flight attendant over wearing a mask. Another on a separate flight pummels a flight attendant's face, knocking out two teeth. And on a third flight, a passenger lies on the floor, grabs a flight attendant by the ankles and pushes his head under her skirt. All three cases are among more than 5,000 since January in what has become the worst year of unruly passenger behavior in the history of air travel."

ByChristopher R. Bidwell

"Continued enforcement of the Transportation Security Administrations mask mandate ... has surprised, frustrated and even upset travelers, especially as states and cities lifted those mandates. Despite all the attention on the role of alcohol, Federal Aviation Administration data indicates that only 6% of incidents involve alcohol. Airports continue to work with airlines to educate travelers about the FAAs prohibition on passengers drinking their own alcohol onboard aircraft."

By The Editorial Board

"A review of Houston Fire Department logs by USA TODAY reporter Rick Jervis showed that even before Scott took the stage at 9:15 p.m. in a temporary venue erected on parking lots of the county's sprawling NRG sports and entertainment complex hundreds of concertgoers had already been treated for injuries from crowds surging past barricades."

By Jill Lawrence

"America has turned into a place where its risky to look out for the people you represent in Congress, who may be in dire need of clean water or a power grid that doesn't collapse in a storm. It's risky to give a political "win" to a president from the other party. Some of your own leaders and colleagues have it in for you. They're ready to get you kicked off committees or contested in a primary, or post your phone numbers on Twitter and let their inflamed supporters take it from there."

ByDr. Gary Michelson

"When I had my rescue Whippet microchipped the most reliable means of permanent pet identification and return to owner the veterinarian charged me $75 for the microchip and the "procedure." That was in 2005. I was unaware that the "procedure" was nothing more than a subcutaneous injection, similar to any other injection that a cat or dog might receive, such as puppy shots or rabies vaccination."

By Rachel Vindman

"The 2020 election was my first on Team Democrat. ... I was all in. I appeared in a political ad warning people of what can happen when an unprincipled politician leverages power to come after your family. ... I wasnt the MVP of the election, nor did I desire to be, but I sincerely wanted to be a good team member. I think I was but that has not stopped some from questioning the longevity of my dedication, criticizing me for being a late-comer, and deliberating over whether I can pass the progressive 'purity'tests (spoiler alert: I likely cannot)."

By Ross K. Baker

"The excuses trotted out by pollsters after the election in 2016, in which Hillary Clinton was predicted to be an easy winner, were a combination of two lame explanations: The first is that the polls were correct as far as the national electorate was concerned Clinton did win the popular vote but that state-level polls were inaccurate. The second was that missing the level of Trumps support was the result of respondents not being upfront with pollsters."

ByDaniel Diermeier

"When Vanderbilt Chancellor Alexander Heard was criticized in the 1960s for inviting controversial figures such as Black Power leader Stokely Carmichael to speak on campus, he responded that young people, and especially young people in college, cannot be shielded from the winds of opinion in our world. The universitys obligation is not to protect students from ideas, but rather to expose them to ideas, and to help make them capable of handling, and, hopefully, having ideas.

By David Mastio

"As people absorb the Supreme Court's recent about face on qualified immunity, there's still a drumbeat of new cases and opinion around the country. It's a key issue in the national conversation on police reform. It's the topic of an ongoing series at USA TODAY Opinion, an issue in political campaigns, fodder for state lawmakers and an item on numerous court dockets."

By Katrina Trinko

"Yet, instead of celebrating this good news, President Joe Biden is now putting a huge amount of pressure on unvaccinated Americans to get the vaccine, regardless of whether it violates their beliefs or even just what kind of medical treatment they want to pursue. What happened to the noble American tradition of respecting the rights and values of the minority, of not demanding absolute conformity? Where is our tolerance?"

By Ben Crump

"The parents of Ahmaud Arbery suffered the unspeakable loss of their son, who was hunted down, cornered and shot for being a Black man jogging in a white neighborhood. This is every Black parents worst nightmare and constant worry. They deserve the balm that Black pastors can provide. One hundred or even 1,000 would not be too much.

See the original post here:
A suburban woman's call to Democrats, racism in the courthouse, and other top columns - USA TODAY

Former Secretary of State Hillary Clinton trolled Steve Bannon for his indictment on charges of contempt of Congress after he refused to comply with a subpoena requesting testimony and evidence concerning the 6 January insurrection.

Jennifer Hayden tweeted on 12 November: You know who is not going to jail and has never been indicted for anything? Hope you have a great weekend Hillary Clinton.

Thanks, it was quite restful, the former top US diplomat responded.

The former New York senator and first lady has become a prolific presence on Twitter and has gained attention in the past for her jabs on the platform.

As soon as it became clear that the Democrats would take the Senate following two run-off elections in Georgia in January, Ms Clinton tweeted Senate Minority Leader Mitch McConnell to note the Republicans demotion from leading the majority.

In the middle of her 2016 presidential campaign battle with then-candidate Donald Trump, she tweeted: Delete your account.

She returned to the tweet almost five years later when Mr Trump was suspended from Twitter after the 6 January Capitol riot, simply adding a checkmark to the tweet.

Ms Clintons use of a private email during her time as secretary of state haunted her during the 2016 campaign. The story stayed in the news because of an FBI investigation into the emails.

Mr Trump beat Ms Clinton in the 2016 election shortly after then-FBI Director James Comey reopened the investigation.

When Mr Comey tweeted in August of 2020, We need more women in office. VP and Virginia governor are good next steps, Ms Clinton simply responded with a gif of herself from Between Two Ferns, the mock talk show.

Critics of Mr Comey, including Ms Clinton, have partly blamed her 2016 loss on the renewed focus on the email investigation, which found that the secretary shouldnt be criminally charged.

In October 2019, she tweeted a letter mocking Mr Trump, whom she called a corrupt human tornado around the same time.

More here:
Hillary Clinton mocks Steve Bannon: You know who hasnt been indicted - The Independent

Former U.S. District Judge Thomas Porteous died Sunday at the age of 74. Porteous, who served a decade on Louisianas 24th Judicial District Court before being appointed as a federal judge by then-President Bill Clinton in 1994, was impeached, tried, convicted, and removed from the bench in 2010.

Porteous was the most recent federal official removed from office following a conviction on articles of impeachment, and only the eighth judge ever to be removed from office. His notoriety, however, increased after his own impeachment first as Hillary Clinton became the frontrunner in the 2016 presidential election and later as Donald Trump was impeached.

Porteous was impeached after Congress conducted a lengthy investigation and concluded that he had been involved in corruption, committed perjury, and accepted bribes from lawyers practicing in his court. Porteous also attempted to conceal his sordid past during the confirmation process.

Impeachment proceedings against Porteous were swift and fierce. The House of Representatives raised four Articles of Impeachment against him for (1) engaging in a pattern of conduct that is incompatible with the trust and confidence placed in him as a Federal judge; (2) engaging in a longstanding pattern of corrupt conduct that demonstrates his unfitness to serve as a United States District Court Judge; (3) knowingly and intentionally making false statements, under penalty of perjury, related to his personal bankruptcy filing and violating a bankruptcy court order; and (4) knowingly made material false statements about his past to both the United States Senate and to the Federal Bureau of Investigation in order to obtain the office of United States District Court Judge.

Senate President pro temporeDaniel Inouyepresided over the trial, and would-be Trump impeachment critic Jonathan Turley put forth Porteous defense.

Porteous was unanimously convicted by the Senate on the first article by a vote of 96-0. He was removed from office on that ground before later being convicted on the three other articles by votes of 69-27, 90-6, and 94-2, respectively. Porteous was disqualified from ever holding federal office, although Turley had already announced that his client would resign from the federal bench if not officially disqualified.

The Porteous impeachment became a major point of public discussion in 2016. As Law&Crime noted at the time, speculation ran rampant that Hillary Clinton might face an immediate impeachment if she won the presidency. Impeachment experts were skeptical, however, as to the legality of any proceeding that centered on Clintons inappropriate email use and potential violations of the statutes regarding the handling of classified information, as the critical events almost entirely predated her possible ascension to the presidency. By contrast, experts generally agreed, impeachment is a tool to be used solely for malfeasance committed while a person is in office.

Porteous impeachment, therefore, became a near-match for what Hillary Clinton critics were attempting. Porteous misdeeds did occur while he was a state court judge before he was appointed to a federal bench by Bill Clinton. Porteous confirmation process, however, was also central to his impeachment, as the entire process was found to have been tainted with fraud. By contrast, the Clinton email scandal was perhaps as public as any scandal ever has been.

After Donald Trump took office, talk of impeachment also began immediately. The same issue, however, arose: timing. Many pointed to Trumps misdeeds prior to his presidency as potential fodder for impeachment, but the same legal arguments against pre-office impeachment were raised. To those arguments, the Porteous impeachment stood as decade-old evidence that there is at least some precedent for such action. Again, though, Porteous cover-up during his confirmation hearing was an important distinction.

Porteouss conviction by the Senate ended his legal career. His funeral mass is scheduled to take place on Thursday at noon in Metairie, Louisiana.

[screengrab via C-Span]

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Originally posted here:
Impeached Federal Judge, Whose Removal from Office Was Fodder for Critics of Donald Trump and Hillary Clinton, Dies at 74 - Law & Crime

WASHINGTON Sen. Chuck Grassley (R-Iowa), ranking member of the Senate JudiciaryCommittee, took the FBI to task and is demanding records relating to the searchwarrant execution at the home of Project Veritas founder James OKeefe andagainst other employees.

TheDepartments heavy-handed treatment of Project Veritas is notably differentfrom the kid-glove and deferential treatment given to Hillary Clinton and herstaff during its investigation into her mishandling of highly classifiedinformation, Grassley wrote.

Giventhe brazen and inconsistent standards employed by the Department [of Justice]against Project Veritas, Grassley is asking for all records relating to theFBIs compliance with relevant regulations and procedures governing the acquisitionof Project Veritas information in light of the privileged and whistleblowerinformation at issue, as well as copies of all search warrants and supportingdocumentation.

Followingthe publication of information from apparently privileged documents by the NewYork Times, the senator asks whether the FBI or Justice Department has openedany leak investigations.

Finally,Grassley presses the FBI and Justice Department to explain the two systems ofjustice embodied by the difference in approaches toward Project Veritas and subjectsin prior investigations, specifically the Clinton investigation.

November 17, 2021

VIA ELECTRONICTRANSMISSION

TheHonorable Merrick Garland

AttorneyGeneral

Departmentof Justice

TheHonorable Christopher Wray

Director

FederalBureau of Investigation

DearAttorney General Garland and Director Wray:

OnNovember 6, 2021, the FBI executed a search warrant and raided the home ofJames OKeefe, the founder of Project Veritas, relating to the alleged theft ofAshley Bidens diary. During the course of the dawn raid, the FBI seized cellphones and began extracting data that could have included donor information,privileged communications with lawyers and confidential whistleblowers withingovernment. In light of the governments conduct, the District Court for theSouthern District of New York temporarily halted the governments search whileconsidering whether to appoint a Special Master to ensure privileged andconfidential information is protected from improper government access.

Specifically,the letters only permitted the FBI to review email archives within a limiteddate range, June 1, 2014, and before February 1, 2015, and so long as thoseemails were sent or received from Secretary Clintons four email addressesduring her tenure as Secretary of State.

Theletters also provided that the FBI would destroy any records which it retrievedthat were not turned over to the investigatory team. Further, the lettersmemorialized the FBIs agreement to destroy the laptops that contained theinformation to be searched. This arrangement is simply astonishing given thelikelihood that evidence on the laptops were of interest to congressionalinvestigators.

Basedon reports, the Department has clearly treated these two fact patterns muchdifferently. On the one hand with respect to Project Veritas an organizationthat the Department has said is subject to the federal governmentsinvestigative power in limited circumstances and under careful scrutiny the Departmentand FBI have engaged the heavy hand of the federal government against it. Thisis in contrast to the Clinton investigation, where the Department and FBIproceeded with the softest touch possible even though the individuals underscrutiny werent journalists and the matter involved mishandling of highlyclassified national security information. Moreover, during the Clintoninvestigation, the governments search of records was subject to extensivecommunications between private counsel and government counsel to determine inadvance of any review the scope of the information to be searched, whichstands in stark contrast to the governments reported treatment against ProjectVeritas.

Thereported fact pattern appears to implicate the Department and the FBI, yetagain, in serious wrongdoing. It is critical that Department or FBI employeeswho participated in any misconduct in this case are not able to escapeaccountability, further underscoring the need for testimonial subpoenaauthority in light of the general practice of employees resigning before theycan be interviewed.

Giventhe brazen and inconsistent standards employed by the Department againstProject Veritas and in order to better understand the Departments and FBIsdecision-making process in this matter, please answer the following no laterthan December 1, 2021:

2.Pleaseprovide all search warrants and supporting documentation used to searchcellphones and for physical searches of the homes of Project Veritas employees.

3.Hasthe Department or FBI opened any leak investigation(s) with respect to theprovision of records from the case to the news media? If not, why not?

4.Withrespect to the way the Department and FBI handled the Clinton investigation andProject Veritas, please explain why the Department and FBI did not affordProject Veritas the same treatment that it afforded Cheryl Mills and HeatherSamuelson.

Thankyou for your attention to this important matter.

Sincerely,

-30-

More:
Grassley Demands Answers in DOJ's and FBI's Heavy-Handed Targeting of Project Veritas Personnel - Senator Chuck Grassley