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Deputy AG Rosenstein on Russiagate: no ‘fishing expeditions’; Grand Jury subpoenas ‘normal’; no indictments pending

Deputy Attorney General Rosenstein pours cold water on claims about Grand Jury indictments pending and of fishing expeditions into Donald Trump’s business affairs.

Alexander Mercouris

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Deputy Attorney General Rod Rosenstein – the man who is supervising Special Counsel Robert Mueller’s Russiagate investigation – has given an interview to Fox News in which he has attempted – within the limits of the duty of confidentiality that cover all such investigations – to pour cold water on the overheated reporting of the last few days.

On the subject of the Grand Jury, he first of all refused to say whether or not one has been specially empanelled (as I have said previously, a highly sourced leak to the New York Times has shown that it has not).  However he did say this about the use of Grand Juries in investigations of this sort.

WALLACE: We learned this week that special counsel Robert Mueller is taking his case to a grand jury. I know you can’t and won’t talk about the details of that case, but as a general proposition, does the fact that a prosecutor takes a case to a grand jury, what does that say about the likelihood of indictments?

ROSENSTEIN: Chris, I’m — you are right that I’m not going to comment on the case. I’m not going to comment about whether Director Mueller has or hasn’t opened a grand jury. You know, we read a lot about criminal investigations in the media and some of those stories are false…..

(bold italics added)

The highlighted words are a clear hint from Rosenstein that as the New York Times has previously reported no special Grand Jury has in fact been empanelled, and that the reporting that one has is false.

Having to the extent that he could cleared up the matter of whether a special Grand Jury had been empanelled, Rosenstein clearly explained what Grand Juries are used for, and why construing the likelihood of criminal charges being brought because an investigation is making use of them is completely unwarranted

WALLACE: But I’m asking you a different question. What does it say when a prosecutor takes a case, in general, to a grand jury about the likelihood of indictments?

ROSENSTEIN: In general, Chris, it doesn’t say anything about the likelihood of indictments because we conduct investigations and we make a determination that at some point in the course of the investigation about whether charges are appropriate.

WALLACE: And what’s the advantage in terms of an investigation into taking a case to a grand jury?

ROSENSTEIN: Many of our investigations, Chris, involve the use of a grand jury. It’s an appropriate way to gather documents, sometimes to bring witnesses in, to make sure that you get their full testimony. It’s just a tool that we use like any other tool in the course of our investigations.

(bold italics added)

This is obviously correct, as is the further point about Mueller’s use of Grand Juries to subpoena documents made by New York State Governor Chris Christie, like Rosenstein a former federal prosecutor

Christie, a former federal prosecutor, made similar comments about a grand jury’s power to issue subpoenas and gather information, while downplaying the news about Mueller purportedly having impaneled another one, reported first by The Wall Street Journal.

“The coverage about how monumental this was is just a fundamental misunderstanding of the way this process works, Christie said on CNN’s “State of the Union.”

He called Mueller’s use of such a jury “a normal step taken by a careful prosecutor who is doing a thorough investigation.”

(bold italics added)

Compare these calm statements of Rosenstein and Christie with my essentially identical statement about the use of the Grand Jury device which I made when the story first broke three days ago

It is in fact standard practice in certain states of the US for investigating prosecutors to use Grand Juries to issue subpoenas, thereby avoiding the complexities of applying to a court for warrants which might require the person under investigation to attend and have his say.

That is all that Mueller appears to have done, and it is in fact something which is regularly done in investigations of this sort.  Indeed it was obviously something which it was envisaged Mueller would do when his inquiry was first set up.

What seems to have happened is that someone learnt of the fact that Mueller had used a Grand Jury to issue subpoenas as part of his investigation and jumped to conclusions from that fact which are unwarranted.

The hysteria and the gloating we have witnessed over the last few days on this issue of Mueller’s use of a Grand Jury is unwarranted and groundless.  I cannot believe that the media in the US of all places is unfamiliar with the use of Grand Juries in investigations.  The tidal wave of misrepresentation there has been on this subject over the last few days is therefore deliberate.

On the subject of Mueller and his team now hunting for evidence of other crimes Trump and his associates might have committed which are unrelated to the claims of collusion between the Trump campaign and Russia, Rosenstein had this to say

WALLACE: When you — now, I know I’m very dangerous territory here, but hear me out on this because I’m not asking about the investigation. When you appointed Mueller, and you were the one who did, you had to sign an order authorizing the appointment of a special counsel, and you said that he was authorized to investigate any coordination with Russia and — I want to put these words on the screen — any matters that arose or may arise directly from the investigation.

My question is, does that mean that there are no red lines that Mueller or any special counsel can investigate under the terms of your order, anything he finds?

ROSENSTEIN: Chris, the special counsel is subject to the rules and regulations of the Department of Justice, and we don’t engage in fishing expeditions. Now, that order that you read, that doesn’t detail specifically who may be the subject of the investigation —

WALLACE: Right.

ROSENSTEIN: — because we don’t reveal that publicly.

But Bob Mueller understands and I understand the specific scope of the investigation and so, it’s not a fishing expedition.

WALLACE: I understand it’s not a fishing expedition, but you say any matters that arose or may arise directly from the investigation. In the course of his investigation of the issues that he is looking at, if he finds evidence of a crime, can he look at that?

ROSENSTEIN: Well, Chris, if he finds evidence of a crime that’s within the scope of what Director Mueller and I have agreed is the appropriate scope of the investigation, then he can. If it’s something that’s outside that scope, he needs to come to the acting attorney general, at this time, me, for a permission to expand his investigation. But we don’t talk about that publicly.

And so, the speculation you’ve seen in the news media, that’s not anything that I’ve said. It’s not anything Director Mueller said. We don’t know who’s saying it or how credible those sources are.

(bold italics added)

The highlighted words are as clear a statement as Rosenstein can make given the constraints upon him that no fishing expedition is underway and that claims in the media that one is happening are untrue.

That has to be correct.  I would add that since the instructions Rosenstein gave Mueller, which set out the scope of his inquiry, were made public I would expect any variation or extension of those instructions authorising Mueller to investigate matters unrelated to Russiagate to be made public also.  Indeed Rosenstein’s comments appear to say as much.

Since no variation or extension of Mueller’s instructions has been made public, none can have taken place, and all claims that Mueller and his inquiry are engaging in a fishing expedition are therefore wrong and groundless.

As I have said previously, engaging in a fishing expedition of the sort the media has been writing about would be grossly unethical.  Not only is that my view but interestingly it is also the view of Matthew Whittaker, one of CNN’s own Legal Commentators, as shown by these comments in a lengthy article he has written for CNN

According to a CNN article, Mueller’s investigators could be looking into financial records relating to the Trump Organization that are unrelated to the 2016 election. According to these reports, “sources described an investigation that has widened to focus on possible financial crimes, some unconnected to the 2016 election.” The piece goes on to cite law enforcement sources who say non-Russia-related leads that “involve Trump associates” are being referred to the special counsel “to encourage subjects of the investigation to cooperate.”

This information is deeply concerning to me. It does not take a lawyer or even a former federal prosecutor like myself to conclude that investigating Donald Trump’s finances or his family’s finances falls completely outside of the realm of his 2016 campaign and allegations that the campaign coordinated with the Russian government or anyone else. That goes beyond the scope of the appointment of the special counsel.

In fact, Deputy Attorney General Rod Rosenstein’s letter appointing special counsel Robert Mueller does not give Mueller broad, far-reaching powers in this investigation. He is only authorized to investigate matters that involved any potential links to and coordination between two entities — the Trump campaign and the Russian government. People are wrongly pointing to, and taking out of context, the phrase “any matters that arose or may arise directly from the investigation” to characterize special counsel’s authority as broad.

The word “investigation” is clearly defined directly preceding it in the same sentence specifically as coordination between individuals associated with the campaign of Donald Trump and Russia. The Trump Organization’s business dealings are plainly not within the scope of the investigation, nor should they be.

Indeed, Sunday on Fox News, Rod Rosenstein acknowledged Mueller had limited authority and would need to seek his permission to expand the investigation.

Beyond the legal reading, the broad authority argument defies plain logic: If the special counsel could investigate anything he wants, why would there even need to be a letter spelling out the specific limits of the investigation?

One of the dynamics at play here is that people are conflating this investigation and Kenneth Starr’s 1994 investigation into President Bill Clinton. While partly understandable at first glance, the two investigations are not comparable — not only have more than two decades passed since then, but a completely new law and legal framework governing separate investigations has also passed. Starr was an independent counsel and Mueller is a special counsel, the two words are different for a reason.

Any investigation into President Trump’s finances or the finances of his family would require Mueller to return to Rod Rosenstein for additional authority under Mueller’s appointment as special counsel.

If he were to continue to investigate the financial relationships without a broadened scope in his appointment, then this would raise serious concerns that the special counsel’s investigation was a mere witch hunt. If Mueller is indeed going down this path, Rosenstein should act to ensure the investigation is within its jurisdiction and within the authority of the original directive.

I’ve prosecuted several financial crimes at the federal level and I’ve also defended plenty in my private practice. From this unique vantage point, I can understand how a motivated prosecutor, in a broad investigation into the financial affairs of high-profile individuals, can become overzealous toward the targets of such probes — with calamitous results. While no one is above the law, in situations such as this, any seasoned prosecutor must use discretion both judiciously and expertly.

It is time for Rosenstein, who is the acting attorney general for the purposes of this investigation, to order Mueller to limit the scope of his investigation to the four corners of the order appointing him special counsel.

If he doesn’t, then Mueller’s investigation will eventually start to look like a political fishing expedition. This would not only be out of character for a respected figure like Mueller, but also could be damaging to the President of the United States and his family — and by extension, to the country.

(bold italics added)

Whittaker’s fear that a fishing expedition is taking place is as I have said unwarranted because as Rosenstein has made clear no fishing expedition is in fact taking place, and media stories that one is – like the CNN article Whittaker refers to – are false.  However I have set out Whittaker’s comments at length because they provide a detailed explanation from a US attorney of how deeply wrong and unethical such a fishing expedition would be.

What is really concerning is not that a fishing expedition is underway; it is that the entire media reporting of the state of the Russiagate inquiry over the last four days has been almost entirely false.

I cannot avoid the nagging feeling that the true reason there is all this talk of Mueller undertaking a fishing expedition is precisely because of growing alarm that Mueller’s investigation is drawing a blank.  Given the disaster for the credibility of some people if Mueller clears Trump and his associates, Mueller and Rosenstein are therefore coming under pressure to expand the scope of their inquiry to cover other unrelated things in the hope that something damaging to Trump that either he or his associates can be charged with will turn up.

This looks to me to be the agenda behind the overheated reporting of the last few days about Grand Juries and fishing expeditions: to make it clear to Mueller that his investigation will be deemed to have “failed” if he does not bring charges against some people, and to put pressure on him and Rosenstein to expand the scope of the inquiry to ensure that he does.

Much now therefore depends on Rosenstein and Mueller.  They have reputations to defend.  Will they live up to them by resisting this pressure?

Meanwhile, as reports – which are almost certainly false – that Trump has been thinking of sacking Mueller continue to circulate, it is richly ironic that the actual pressure on Mueller appears to be coming not from President Trump but from his opponents.

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Defeat in Bavaria delivers knockout punch to Merkel’s tenure as Chancellor (Video)

The Duran – News in Review – Episode 136.

Alex Christoforou

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The stunning CSU defeat in Bavaria means that the coalition partner in Angela Merkel’s government has lost an absolute majority in their worst election results in Bavaria since 1950.

In a preview analysis before the election, Deutsche Welle noted that a CSU collapse could lead to Seehofer’s resignation from Merkel’s government, and conceivably Söder’s exit from the Bavarian state premiership, which would remove two of the chancellor’s most outspoken critics from power, and give her room to govern in the calmer, crisis-free manner she is accustomed to.

On the other hand, a heavy loss and big resignations in the CSU might well push a desperate party in a more volatile, abrasive direction at the national level. That would further antagonize the SPD, the center-left junior partners in Merkel’s coalition, themselves desperate for a new direction and already impatient with Seehofer’s destabilizing antics, and precipitate a break-up of the age-old CDU/CSU alliance, and therefore a break-up of Merkel’s grand coalition. In short: Anything could happen after Sunday, up to and including Merkel’s fall.

The Financial Times reports that the campaign was dominated by the divisive issue of immigration, in a sign of how the shockwaves from Merkel’s disastrous decision to let in more than a million refugees in 2015-16 are continuing to reverberate through German politics and to reshape the party landscape.

The Duran’s Alex Christoforou and Editor-in-Chief Alexander Mercouris discuss the stunning Bavarian election defeat of the CSU party, and the message voters sent to Angela Merkel, the last of the Obama ‘rat pack’ neo-liberal, globalist leaders whose tenure as German Chancellor appears to be coming to an end.

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Via Zerohedge

Voters in Germany’s economically dominant southern state of Bavaria delivered a stunning rebuke to the ruling Christian Social Union, in an election that delivered another crushing blow for the parties in Angela Merkel’s grand coalition in Berlin.

With all eyes on Sunday’s Bavaria election, moments ago the first exit polls showed a historic collapse for the ruling CSU party, which has ruled Bavaria continuously since 1957, and which saw its share of the vote collapse from 47.7% in the 2013 election to just 35.5%, losing its absolute majority and suffering its worst result since 1950, as voters defected in their droves to the Greens and the far-right Alternative for Germany.

German newspaper Welt called the election “the most painful election defeat of the past 50 years for the CSU”. As predicted in the polls, the CSU experienced a “historic debacle” in the Bavarian state elections, according to Welt. The CSU was followed by the Greens which soared in the election, more than doubling to 18.5% from 8.6% in 2013, the Free Voters also rose to 11% from 9.0%, in 2013.

Meanwhile, the nationalist AfD are expecting to enter Bavaria’s parliament for the first time ever with 11% of the vote, and as such are setting up for their post-election party. Party leader Alice Weidel already is having the first beer in the small community of Mamming in Lower Bavaria.

Establishment party, left-of-center SPD also saw its support collapse from 20.6% in 2013 to just 10% today.

The full initial results from an ARD exit poll are as follows (via Zerohedge):

  • CSU: 35.5 %
  • Grüne: 18.5 %
  • FW: 11.5 %
  • AfD: 11.0 %
  • SPD: 10.0 %
  • FDP: 5.0 %
  • Linke: 3.5 %
  • Sonstige: 5.0 %

The breakdown by gender did not show any marked variations when it comes to CSU support, although more women voted for the Greens, while far more men supported the AfD:

There was a greater variation by educational level, with highly educated voters tending more towards the green GRÜNE (G/EFA) and liberal FDP (ALDE) then the average, while low/middle educated voters tended more towards CSU (EPP) and AfD (EFDD).

This was the worst result for the CSU since 1950.

Zerohedge further reports that alarmed by the rise of the anti-immigration, populist AfD, the CSU tried to outflank them by talking tough on immigration and picking fights with Ms Merkel over asylum policy.

But the strategy appeared to have backfired spectacularly by alienating tens of thousands of moderate CSU voters and driving them into the arms of the Greens.

Meanwhile, as support the CSU and SPD collapsed, the result confirmed the Greens’ status as the rising force in German politics. Running on a platform of open borders, liberal social values and the fight against climate change the party saw its support surge to 18.5%, from 8.4% in 2013. Meanwhile the AfD won 11%, and for the first time entered the Bavarian regional assembly.

“This is an earthquake for Bavaria,” said Jürgen Falter, a political scientist at the University of Mainz.

The CSU had governed the state with an absolute majority for most of the last 60 years. “It was Bavaria and Bavaria was the CSU. That is now no longer the case.”

The latest collapse of Germany’s establishment parties highlights the shaky ground the grand coalition in Berlin is now resting on as all three parties in the alliance, Merkel’s Christian Democratic Union, the CSU and the SPD, are haemorrhaging support. Some are now questioning whether the coalition, already frayed by personal rivalries and near constant bickering over policy, can survive a full term in office.

“This outcome throws ever more doubt on the future of the grand coalition,” said Heinrich Oberreuter, head of the Passau Journalism Institute and an expert on the CSU. “Based on current polls, if an election were held now, the CDU, CSU and SPD would not even command a majority in the Bundestag.”

The CSU will now be be forced to form a coalition government — a humiliating outcome for a party that has run Bavaria single-handedly for 49 of the last 54 years. Its preference is probably for a three-party coalition with the Free Voters, a small party that is mainly focused on local politics. It could also team up with the Greens, though it would be highly reluctant to do so: the two parties are deeply divided over immigration, transport and environmental policy.

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Elizabeth Warren’s DNA ploy backfires big time (Video)

The Duran Quick Take: Episode 1.

Alex Christoforou

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RT CrossTalk host Peter Lavelle and The Duran’s Alex Christoforou take a quick look at Senator Elizabeth Warren’s ‘genius’ idea to accept POTUS Trump’s ‘Native American DNA’ challenge. Let’s just say that Warren will never recover from this self-inflicted wound.

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The Cherokee Nation issued a statement crushing Elizabeth Warren for her “continued claims of tribal heritage.”

“A DNA test is useless to determine tribal citizenship. Current DNA tests do not even distinguish whether a person’s ancestors were indigenous to North or South America. Sovereign tribal nations set their own legal requirements for citizenship, and while DNA tests can be used to determine lineage, such as paternity to an individual, it is not evidence for tribal affiliation. Using a DNA test to lay claim to any connection to the Cherokee Nation or any tribal nation, even vaguely, is inappropriate and wrong. It makes a mockery out of DNA tests and its legitimate uses while also dishonoring legitimate tribal governments and their citizens, who ancestors are well documented and whose heritage is prove. Senator Warren is undermining tribal interests with her continued claims of tribal heritage.

– Cherokee Nation Secretary of State Chuck Hoskin, Jr

Zerohedge reports that Elizabeth Warren just owned herself after releasing a DNA test confirming that she’s as little as 1/1024th Native American – about half the percentage of the average white person.

What’s more, the DNA expert she used, Stanford University professor Carlos Bustamente, “used samples from Mexico, Peru, and Colombia to stand in for Native American” as opposed to, say, DNA from a Cherokee Indian which Warren has claimed to be throughout her career.

Adding to the absurdity are two major corrections by the Boston Globe (which has become the media mouthpiece of Warren’s 2020 damage control efforts of late), letting readers know that “Due to a math error, a story about Elizabeth Warren misstated the ancestry percentage of a potential 10th generation relative. It should be 1/1,024,” and later updating it to “between 1/64th and 1/1,024th Native American.”

Adding to the absurdity are two major corrections by the Boston Globe (which has become the media mouthpiece of Warren’s 2020 damage control efforts of late), letting readers know that “Due to a math error, a story about Elizabeth Warren misstated the ancestry percentage of a potential 10th generation relative. It should be 1/1,024,” and later updating it to “between 1/64th and 1/1,024th Native American.”

Elizabeth Warren’s got trolled by Trump in the most epic fashion, pushing the Senator to make a blunder that will follow her for the rest of her career.

The Daily Caller’s Benny Johnson exposed Elizabeth Warren’s history of lies in 10 simple tweets…

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Hillary Clinton: Democrats have been TOO CIVIL with GOP (VIDEO)

Civil war becomes more likely as Clinton calls for greater civil unrest after weeks of absolutely insane behavior from leftist activists.

Seraphim Hanisch

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Former presidential candidate Hillary Rodham Clinton just called for an end to civil behavior towards Republicans and conservatives. In an interview with Christiane Amanpour of CNN expanded on in a piece by USA Today, the failed candidate had this to say:

“You cannot be civil with a political party that wants to destroy what you stand for, what you care about… That’s why I believe, if we are fortunate enough to win back the House and / or the Senate, that’s when civility can start again.”

Clinton said that Senate Republicans under Majority Leader Mitch McConnell, R-Ky., “demeaned the confirmation process” and “insulted and attacked” Christine Blasey Ford – who testified before the Senate Judiciary Committee about a sexual assault she alleges Kavanaugh committed in 1982 – along with other “women who were speaking out.”

It should be pointed out here that Clinton told a lie. The Senate Republicans did everything possible to hear out Dr Ford’s testimony, and no one has gone on record with any sort of insults or demeaning comments about her. Every Republican Senator who stated anything agreed that something happened to her, but they also agreed that there was no corroboration showing that Judge Kavanaugh was actually involved in any misdoings. USA Today’s piece continues:

Clinton compared the handling of Kavanaugh’s confirmation to “Republican operatives shutting down the voting in 2000,” the “swift-boating of John Kerry,” attacks on former Arizona Sen. John McCain in the 2000 Republican primary and “what they did to me for 25 years.

“When you’re dealing with an ideological party that is driven by the lust for power, that is funded by corporate interests who want a government that does its bidding, you can be civil but you can’t overcome what they intend to do unless you win elections,” she told Amanpour.

Clinton compared Kavanaugh’s swearing-in ceremony at the White House on Monday to a “political rally” that “further undermined the image and integrity of the court.”

She told Amanpour the effect on the court “troubles” and “saddens” her “because our judicial system has been viewed as one of the main pillars of our constitutional government.”

“But the President’s been true to form,” Clinton added. “He has insulted, attacked, demeaned women throughout the campaign – really for many years leading up to the campaign. And he’s continued to do that inside the White House.”

Here, Clinton told at least two more incendiary whoppers.

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First, no one has been specifically after her, and second, President Donald Trump’s record with women including in the White House has been nothing short of stellar and gentlemanly. Nikki Haley, who supported Marco Rubio in the 2016 campaign and has at times been openly critical of Donald Trump, yesterday announced her full support of his 2020 campaign and her intent to campaign with and for him.

By all accounts, Mrs. Haley is a woman.

The first American Civil War had economic policy and states’ rights as its central focus. Slavery was a part of that issue, though slavery was practiced in the North as well in the South before this war began.

Now a new civil war is coming, but perhaps it should be called the American Social War. It is not about any real policy matter at all. It is hysteria, but it appears to be hysteria with a purpose.

The first American Social War has two apparent sides and allying forces and groups:

The Left:

  • pro-gay marriage
  • pro-death (in other words, pro-abortion)
  • anti-Christian, especially Christianity that says these first two issues are wrong
  • anti-GOP / Republican / Conservative
  • “victim class” – feminists, some millenials
  • supporters of legalized use of mind-altering / mood-altering drugs
  • appears to support overreaching socialist style government, featuring “fair” wages, such as a $15.oo minimum wage
  • anti-traditionalist
  • Mainstream media is strongly allied here
  • George Soros is a supporter
  • social media outlets, like Facebook and Twitter are supporters through “scrubbing” of media content
  • anti-white, anti-male, and if you are white, male and Christian, look out. You are Enemy Number One
  • supports and executes violence against all these people they are against, including family members.
  • very zealous, and very monolithic in terms of alignment and energy

The Right:

  • Conservatives
  • people who generally want the government to leave them alone
  • generally favors life, considering abortion tragic and to be avoided, though some consider that it should be made illegal
  • marriage has always been between one man and one woman and it should not be redefined to fit the whims of a few
  • God is sovereign (though many conservatives would never make this connection)
  • No real animus against the left, but at the same time, fed up with being hectored by the left all the time, as we saw in Senator Lindsey Graham’s explosive confrontation against Senate Democrats
  • Generally Republican by party affiliation, though many libertarian and conservatives are also present as well as a number of conservative democrats.
  • seeks to avoid violence. While there do exist a very few neo-Nazi types, their numbers are infinitesimal, and their behavior is rejected by the Right
  •  generally against drug use, though many have unfortunately moderated on the matter of actual illegality

The main characteristic of this approaching war, as stated before, is little more than some sort of outrage over identity politics and perceived victimization. This is something both new and old, as there is always a party in any war that claims that they are fighting because they are in fact the aggrieved party, under the other side’s aggression and suppression.

That factor exists with this war too. However, the reality of that aggression or suppression is that it does not exist, and this makes it very difficult for the “perceived aggressors” to ramp up the zeal needed to carry out the fight.

This factor is often very maddening for conservative people. As a whole they do not wish to fight. They wish to be left alone. The left on the other hand insists that everything must be fought for because the right has somehow managed to take it away from them, or is keeping it away from them.

This is purely fiction but it is almost impossible to convince a leftist that this is so. Tucker Carlson expands on this matter in this report. He makes reference at 6:37 about how Hillary Rodham Clinton is now openly calling for civility to the GOP to end (as if it hasn’t already!), but the entirety of this report begs to be seen to give perspective to the look and feel of this crisis:

This is unfamiliar territory in many ways, and it is unclear how far this will go. But one this is clear: it is testing all available limits, and it may come to real fighting, and real killing, for no reason better than perceived victimization.

It should be understood that the advocates for violence are all people that reject God and traditional values openly. There is certainly a connection.

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