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Who’s next on Mueller’s list: General Michael Flynn?

The case against Michael Flynn has been neither brought nor dropped though all the facts about it have long been known and the case in fact is threadbare

Alexander Mercouris

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When rumours began to circulate over the weekend that Special Counsel Mueller would be serving indictments on Monday one name apart from Paul Manafort’s was often quoted, which was that of President Trump’s first National Security Adviser, General Michael Flynn.

In the event Flynn was not indicted on Monday.  However there are three possible cases which could be brought against Flynn and there are rumours that Mueller is considering indicting him on any one of them:

(1) a case under the Logan Act on the grounds that his conversations with Russian ambassador Kislyak were a breach of the Logan Act, which prohibits private US citizens from conducting diplomacy purportedly on behalf of the US;

(2) a case for obstruction of justice on the grounds that Flynn supposedly lied about his conversations with Russian ambassador Kislyak, supposedly in order to avoid a prosecution under the Logan Act; and

(3) a case under the Foreign Agents’ Registration Act (“FARA”) because he failed to register properly his lobbying work for the Turkish government.

There have also been allegations that General Flynn did not report properly the payments he received from RT for appearing on its channel.

In my opinion if General Flynn is prosecuted under any one of these charges he ought to refuse a plea-bargain and should defend himself.  Briefly:

(1) No prosecutions have been brought under the Logan Act since it became law in 1799, possibly because there is a widespread view that the Logan Act is actually unconstitutional.

Not only would a prosecution of Flynn under the Logan Act look frankly oppressive, but in my opinion such a prosecution would be actually absurd given that at the time Flynn spoke to ambassador Kislyak he had already been publicly named by President elect Trump as his National Security Adviser and as a top official of the incoming administration he could not be considered simply a private US citizen.

As it happens what is known about General Flynn’s conversations with ambassador Kislyak suggest that he was not seeking to undermine the foreign policy of the United States.  Instead he is believed to have told Kislyak that Russia should react with restraint to the sanctions imposed on it by the Obama administration in December in view of a possible improvement in relations with the US after the Trump administration came into office.  Importantly however it seems that Flynn made no commitment on behalf of the United States that the sanctions imposed by the Obama administration would be lifted.

In other words Flynn was simply doing his job as President elect Trump’s pick as National Security Adviser, in light of which I can see no grounds to bring charges against him under the Logan Act.

(2) Since in my opinion no crime was committed under the Logan Act whatever “lies” Flynn is supposed to have told about his conversations with ambassador Kislyak cannot in my opinion amount to an obstruction of justice.

I would add that I have always doubted that what Flynn subsequently said about his conversations with Kislyak were necessarily lies at all.  It seems that since at the time of the most crucial conversation with Kislyak Flynn was actually on holiday in the Caribbean he did not make contemporaneous of the conversation or have support staff with him to make notes for him.  His subsequent comments about the conversation were therefore based entirely on memory.

To the extent that Flynn is supposed to have been wrong about some of the things he said to Kislyak during the conversation it is quite likely that he simply made a mistake.

I would add that since the transcripts of the conversations between Flynn and Kislyak which the FBI is known to possess have never been made public or shown to Flynn it is impossible to say with any certainty how wrong or mistaken about this conversation Flynn actually was.

On the strength of what our old friends the “anonymous sources” who have seen the transcripts say is there, it seems that Flynn’s errors were inconsequential.  Even the “anonymous sources” admit that Flynn did nothing wrong during the call.

(3) As to the violations of FARA, it seems that Flynn did report both his lobbying work for the Turkish government and his payments by RT, only not in the right way.  There was therefore no attempt at concealment and these are at best ‘process crimes’ with no malice involved or intended.

Given the very thin case against General Flynn I doubt that a US jury would convict him, all the more so as he is a highly decorated soldier who has served the United States in war zones like Afghanistan and Iraq – something which I would expect to weigh heavily on a jury.

The fact nonetheless remains that though all the facts about what Flynn has done are known, he has so far neither been charged nor told that he won’t be.  Instead he has been left in suspense for more than half a year.

This is disgraceful treatment of a highly decorated soldier who has served his country, and it should be brought to an end without any further delay.

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Second group of Su-57 stealth fighters to be requested in 2020

The second Su-57 contract will feature fighters with the advanced engine design that was under development while the prototypes were made.

Seraphim Hanisch

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The contract for a second order of Russian Su-57 stealth fighters is expected to be signed in 2020, according to an unnamed source in Russia’s aircraft-making industry. TASS, the Russian News Agency, reported on this on Wednesday, 16 January:

The second contract to manufacture 13 Su-57 fighter jets for the Russian Aerospace Forces is to be signed next year, a source in Russia’s aircraft-making industry told TASS on Wednesday.

“In 2020, we plan to sign the second contract to manufacture and deliver 13 Su-57 fighter jets, some of them equipped with the second-stage engines,” he said. “The preliminary timeframe for the new contract is five years.”

The first contract envisages the delivery of two fifth-generation aircraft in 2019-2020.

“In line with the contract signed in 2018, one serial Su-57 jet with first-stage engines will be delivered to the Aerospace Forces this year, the other aircraft featuring the same type of engine – in 2020.”

The aircraft’s manufacturer, the United Aircraft Corporation, refrained from commenting on the report.

The Su-57 is a fifth-generation multirole fighter designed to destroy all types of air targets at long and short ranges and hit enemy ground and naval targets, overcoming its air defense capabilities.

The Su-57 took to the skies for the first time on January 29, 2010. Compared to its predecessors, the Su-57 combines the functions of an attack plane and a fighter jet while the use of composite materials and innovation technologies and the fighter’s aerodynamic configuration ensure the low level of radar and infrared signature.

The aircraft has been successfully tested in Syria.

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Pelosi tries to prevent State of the Union address because of shutdown

Nancy Pelosi advised Mr. Trump not to deliver a live State of the Union speech, but the reason may be because she is unwilling to be exposed.

Seraphim Hanisch

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Speaker of the House Nancy Pelosi tried what is perhaps a new stunt in the ongoing government shutdown saga (we hesitate to call it a “crisis”). She requested that President Trump either reschedule his yearly State of the Union address or – and she said this literally – deliver it in writing to Congress on January 29th, the date the speech is scheduled to occur.

“Sadly, given the security concerns and unless government re-opens this week, I suggest that we work together to determine another suitable date after government has re-opened for this address or for you to consider delivering your State of the Union address in writing to the Congress on January 29th,” Pelosi wrote in a letter to Trump.

The letter, which can be seen directly by clicking the hyperlink above, tries to essentially make this request the President’s fault because he refuses to take “no wall” for an answer.

The motive behind this attempt is interesting. Politico covered this story originally, and this publication is pretty far to the left and definitely not a Trump fan oasis. Yet in a rare random feat of journalism, the Politico article does appear to give some of the real reason why the Speaker of the House did this.

Publicly, Democrats plan to argue that the parties need to focus on addressing the shutdown, now the longest in U.S. history. They’re also concerned about security staff working through a major national event without being paid.

“This shutdown is ridiculous and the people tasked with protecting him and protecting us are not getting a paycheck,” said Rep. Jim McGovern (D-Mass.), the House Rules Committee chair. “So it’s inappropriate to carry on with business as usual.”

But privately, Democrats also don’t want to give Trump a major platform to blame them for the shutdown when Trump’s demand for billions in wall funding has been the main driver, according to a Democratic lawmaker close to leadership. Trump has tried to pin the blame on the shutdown on Pelosi and Senate Minority Leader Chuck Schumer, but public polls shows the public largely blames the president.

The announcement comes as a group of bipartisan House lawmakers in the Problem Solvers Caucus is set to meet with Trump on Wednesday to discuss border security. Trump, frustrated by his inability to secure any additional money for his border wall, has tried to peel off moderate Democrat support as Pelosi and Schumer dig in.

But Democrats are rallying fellow members to stay together. Schumer attended a closed-door caucus meeting with House Democrats just as Pelosi made the announcement on the State of the Union address on Wednesday. Her message was to stay unified in their opposition.

Politico was able to bury this bold-typed point in the rhetoric that “public polls largely blame the president.” However this may not exactly be the case.

There are indications that the 26-day long standoff is going to go the President’s way. While this is admittedly speculative, there seem to be solid factors on the President’s side of the argument that the Democrats do not have. Some are factual, and many are emotional and rhetorical:

  • Senate Majority Leader Mitch McConnell is standing firm, and has not wavered from the commitment to pass nothing that the President will not sign.
  • Some Democrat leaders are beginning to speak about border security – including the wall – as vital needs. This includes this representative from Southern California (!) Representative Katie Hill, who gave this interview on Fox News:

  • Where the argument is pragmatic and information-based, as Representative Hill notes, then the argument becomes quite compelling for a wall.
  • CNN turned down the opportunity to interview Dan Plante, a San Diego area TV reporter, about the border wall there because Mr. Plante said that the new wall that has been installed in that sector is hugely successful.
  • The level of information given by the Democrat opposition leaders, Pelosi and Chuck Schumer is essentially at the level of “no you can’t have it. Because!!” – in other words, septuagenarians acting like four-year olds. Really.
  • Talk show anchor Rush Limbaugh and his huge body of listeners are wildly in favor of the shutdown and everything the President is doing. It is very clear that the shutdown’s length is doing nothing to deter President Trump’s base. And as long as that holds true, he will not move a muscle.
  • President Trump is a businessman, not a politician. He is far more results-driven than the mainstream media can afford to admit. While they characterize him as insane, or a child, or throwing a tantrum, the President doesn’t really care. He knows what he wants, and he is prepared to be patient and wait the Democrats out.
  • The final sign we will offer on this list (though there are more) is that the Russia collusion narrative is back. When things go bad for the media on Trump, they try to pull out Russia. Maybe it is just a bad habit because it seems less and less effective each time it is tried.

The battle lines are tropes versus reality, and politics versus policy. It is too soon to be sure that this will go the President’s way and that the wall will go up, but patience and perseverance are beginning to expose cracks and weaknesses in the Democrat argument. Some of the US certainly does NOT care about a border wall. But those that do have not been shaken by all this – rather, they have been strengthened, plus they have facts on their side.

All the Pelosis and Schumers of the world can do is fret and complain and look like fools, and they seem to be doing exactly that.

 

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Peak Stupidity: Deep State and mainstream media push ‘Trump is a spy’ nonsense (Video)

The Duran – News in Review – Episode 167.

Alex Christoforou

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The Duran’s Alex Christoforou and Editor-in-Chief Alexander Mercouris discuss the sheer stupidity of the entire ‘Trump is a Russian spy’ narrative being plastered all over the mainstream media, as neo-liberal shills and neocon war hawks continue to damage the Office of the United States President by insisting on pushing a made up story that a five year old child who waits for Santa Claus to bring Christmas gifts would have a hard time believing.

Meanwhile the real crime and real treason derived from a Comey-Clapper-Brennan Deep State plot to remove a democratically elected Trump from power, is being blacked out from the mainstream, neo-liberal news cycle.

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The Gateway Pundit lists the 35 times the FBI “deviated from standard practice” or committed crimes in an effort to exonerate Hillary Clinton and indict US President Donald Trump..


The FBI leadership under the Obama Administration took many actions that deviated from standard practice [i.e. were corrupt and criminal] in their efforts to exonerate Hillary from her crimes and then spy and frame candidate and then President Trump.  Today current members of the FBI are embarrassed to even turn on their TV’s as a result.

Time magazine of all places reported recently about the many efforts the FBI took related to Hillary exoneration and then the Trump framing.  These corrupt and criminal actions have taken a desperate toll on the current members of the FBI –

In normal times, the televisions are humming at the FBI’s 56 field offices nationwide, piping in the latest news as agents work their investigations. But these days, some agents say, the TVs are often off to avoid the crush of bad stories about the FBI itself. The bureau, which is used to making headlines for nabbing crooks, has been grabbing the spotlight for unwanted reasons: fired leaders, texts between lovers and, most of all, attacks by President Trump. “I don’t care what channel it’s on,” says Tom O’Connor, a veteran investigator in Washington who leads the FBI Agents Association. “All you hear is negative stuff about the FBI … It gets depressing.”

Of course the employees of the FBI are in a funk, their fearless and corrupt leaders, as well as leaders in Obama’s corrupt DOJ, went to extravagant links to exonerate the obvious criminal actions of Hillary Clinton, and then to do all they could to prevent candidate Trump from winning an election.  Then once the election was won by President Trump, they went to unheard of depths of deceit and corruption to attempt to remove him from office.

Here’s a list of the actions the Deep State FBI took in their recent criminal actions surrounding the 2016 Presidential election and since [the first 11 items are from the Time post noted above with comments in brackets] –

1 – Comey breached Justice Department protocols in a July 5, 2016, press conference when he criticized Hillary Clinton for using a private email server as Secretary of State even as he cleared her of any crimes
2 – Comey reopened the Clinton email probe less than two weeks before the election
3 – Andrew McCabe lied to the bureau’s internal investigations branch to cover up a leak he orchestrated about Clinton’s family foundation less than two weeks before the election and had lied for months about it
4 – FBI wasn’t adequately investigating “high-risk” employees who failed polygraph tests (but, in fact, putting them in charge of high-profile investigations, like Peter Strzok who failed his poly). In one instance, an FBI IT specialist with top-secret security clearance failed four polygraph tests and admitted to having created a fictitious Facebook account to communicate with a foreign national, but received no disciplinary action for that.
5 – The FBI’s miss of the Russian influence operation against the 2016 election, which went largely undetected for more than two years (The FBI had the chance to kill this Russian intrusion years before it reached crisis point in the election). Mueller’s Russia probe found that Moscow’s operation against the 2016 election first got under way in 2014, but the FBI failed to address it.
6 – The FBI was getting information it shouldn’t have had access to when it used controversial parts of the Patriot Act to obtain business records in terrorism and counterintelligence cases.
7 – The bureau missed the significance of the damaging 2015 hack of the DNC database [although others argue that the DNC was never hacked – due to the FBI’s lack of investigative process, we may never know what happened.] 8 – The bureau also sat on the disputed “dossier” prepared by former British intelligence officer Christopher Steele. [Which was then used for the entire case against Trump and anyone near him].
9 – The bureau’s decision to surveil former Trump campaign adviser Carter Page was influenced by politics.
10 – Text messages between FBI special agent Peter Strzok and FBI lawyer Lisa Page, which were critical of Trump.
11 – Comey broke with Justice Department rules and norms by assuming authority usually held by prosecutors and speaking in public about a case that did not produce criminal charges.
12 – Comey took copious notes and diligently informed others of all interactions with Trump while lying about having had any interactions with Obama, never taking notes or notifying anyone so even after having been warned of Mr. Steele’s motivations, even after having fired him for violating the rules, the FBI continued to seek his information—using Mr. Ohr as a back channel. This surely violates the FBI manual governing interaction with confidential human sources.
13 – FBI guidelines state that unverified information should not be submitted to the FISA court.
14 – They were passive, not proactive. The Obama administration “stood down” and watched these “activities” unravel. At worst, they possibly played a hand in creating circumstances to push the investigation forward into more serious stages that allowed for more intrusive techniques, such as spying. (The FBI is supposed to prevent crime, not watch it happen).
15 – John Brennan, James Clapper, Samantha Power, Loretta Lynch were all briefed by James Comey on the alleged Russian interference into the Trump campaign, yet the Trump campaign was left in the dark.
16 –FBI agents found Abedin deleting classified Clinton emails from her Yahoo account but failed to subpoena her devices. If they had, maybe they wouldn’t have had to reopen the case in 11th hour when NY agents found work emails on the laptop she shared with her perv husband.
17 – The FBI failed to notify Congress of the investigation into the Trump campaign for months rather than quarterly as was practice. [See Comey presentation to House Republicans in March 2017] 18 – The FBI did not pursue criminal charges when Clinton’s email archives were permanently deleted from her private server days after a subpoena for them was issued by a congressional committee investigating the 2012 attack on the U.S. diplomatic compound in Benghazi.
19 – The IG found that the FBI and DOJ during the MidYearExam probe of Hillary Clinton email server “did not require any witnesses to testify before the grand jury,” despite at least 3 witnesses lying to FBI agents.
20 – “[T]he 
Midyear team did not obtain search warrants to examine the content of emails in Mills’s or Abedin’s private email accounts and did not seek to obtain any of the senior aides’ personal devices.”
21 – IG Report: Nobody was listed as a subject of this [Clinton email] investigation at any point in time (So neither Hillary nor her top aides were formally under investigation by FBI at any time in 2015-2016, but the agents handling the issue thought it was a criminal action).
22 – The IG report indicates a strong pro-Clinton/anti-Trump bias in FBI investigators of Midyear and Operation Russian Collusion but it still went on without personnel changes or actions against the corrupt investigative team.
23 – The IG report found: “The MYE Team did not seek to obtain every device, including those of Clinton’s senior aides, or the contents of every email account through which a classified email may have traversed.”
24 – Manafort interviewed twice before joining the Trump team. If he was guilty of anything why did they allow him to join the Trump team?
25 – In 2008, a questionable person on McCain’s POTUS campaign caught the attention of FBI counterintelligence, and the FBI privately approached McCain. That questionable person was quietly removed from Team McCain but this same sensitivity was not provided to the Trump team.
26 – The corrupt Obama FBI and DOJ used the “salacious and unverified” opposition research called the Steele dossier to open a counterintelligence investigation and obtain warrants but it wasn’t even verified and it was created by the opposition party [DNC]. [Multiple sources] 27 – Unprecedented leaking to the press: 13 different individuals at the FBI were feeding a journalist information.
28 – Dan Bongino asks the question: How did Halper go from being a CIA informant to an FBI informant? And he’s right. It is a DEVIATION FROM THE STANDARD PRACTICE for law enforcement agencies to give up/share their asset.
29 – The “probable cause” arrest of George Papadopoulos is a deviation from the standard practice.
30 – Halper was a CHS (Confidential Human Source). FBI rules prohibit using a CHS to spy on Americans before an official investigation has been created.
31 -Stone and Caputo say they believe they were the targets of a setup by U.S. law enforcement officials hostile to Trump which was before an official investigation which again is a deviation from standard practice.
32 – The FBI interviewed Carter Page in March of 2016 about his Russian ties. Two months later, Comey is briefing the NSC about his concerns about Carter Page. Nothing of any note happened in those intervening months to cause a rise of concerns, so whatever concerns Comey had Comey had them before Page was hired on as an adviser. It was a DEVIATION FROM STANDARD PRACTICE for Comey to not have warned Trump about Page. Comey warns Obama instead who also takes no steps to warn Trump.
33 – Another deviation from the standard practice is to start an investigation without a crime.
34 – Planting the Isikoff article to be used in court to obtain a FISA warrant.
35 – Related to the FBI, it’s important to note that former DNI chief James Clapper limited the IC report for review to only 3 agencies rather than send the report out to all 17 agencies for review. This way he was able to control what was put into the report – another deviation from the standard practice.

This may only be a partial list of FBI abuses and actions taken with deviations from standard practice, if not clear cut crimes.  The gangsters who ran Obama’s FBI, from Mueller to Comey, are so corrupt, current and former agents are now embarrassed to be part of the once storied federal agency.  Quite frankly, it’s doubtful if the FBI can ever be trusted again!

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