The biggest crooks in Special Counsel Durham’s investigation may be at the FBI

A future ex-lawyer named Michael Sussmann is going to trial next week for his role in feeding the FBI bogus Russian collusion stories.

Those stories are scurrilous and vulgar lies which distracted the nation and the Trump administration for years and for which someone should be held accountable. But Sussmann was not the person who manufactured those lies. He was just the bag man who passed them on to the FBI.

And so those lies are not what Sussmann has been charged with. He’s been charged with a more pedestrian lie – the lie of telling the FBI he was not working for a client when in fact he was. Not just any client, but the Democratic National Committee and Hillary Clinton’s campaign.

He’s guilty as hell.

But in a broader sense, this bag man is just a fall guy. The FBI surely knew all along that he, his partner Marc Elias and their firm Perkins Coie, a Seattle law firm with aspirations, were Democrat operatives. Everyone knew that. 

So, if the FBI knew all along that Sussmann was lying, why did they generate numerous written records – in the form of otherwise irrelevant notes of the lie and Sussmann’s own text message (which may be something the FBI requested for this very purpose) – that he was not working for a client?

Here’s why. The FBI intended to, and did, present Sussmann’s bogus story to the FISA courts in order to obtain authorization and re-authorization to conduct surveillance on the Trump campaign. They knew the story would stink to high heaven if they told the court that it came from Hillary’s lawyers. So I speculate that they invited those lawyers – Sussmann et al – to say they weren’t representing Hillary in connection with the story.

Query: Why was the FBI this desperate to conduct surveillance on the Trump campaign? Another query: Why haven’t the DNC and the Hillary campaign been charged with anything yet? I’ll leave those questions for another column.

Sussmann’s initial defense was that he never told the FBI what he told them. Forensic and testimonial evidence has sunk that defense – it was yet another lie – and so now he’s left with the defense that his lie doesn’t matter – it was “immaterial.”

As for his lie to the court in his initial defense that he didn’t lie to the FBI, well, lawyers don’t call lies to the court perjury or obstruction of justice; they call them “pleading in the alternative.”

In essence, Sussmann is admitting that he lied to the FBI and lied to the court about lying to the FBI, but now he’s telling the truth that it was the FBI that essentially invited him to lie and to lie about lying.

For once, I think Sussmann is (finally) telling the truth. 

And in a technical legal sense, Sussmann is on plausibly firmer ground here. Not because the fact he was working for the DNC and Hillary was immaterial – that fact was very material because that fact would have undermined his story with the FISA court – but because the FBI knew that when he told them he was not, he was lying.

There’s some logic to that. No one relies on a lie if they know it’s a lie, so it can’t be a material one. No harm, no foul.

On the other hand, the FBI itself, and judges, too, interpret the law to mean that lying to investigators about a material fact is a crime even when the investigators know it’s a lie. Witness the plight of Michael Flynn who was prosecuted for allegedly telling the FBI something they knew was not true. (I say allegedly, since the FBI agents made no recording, and their later position contradicted their contemporaneous notes.)

In any event, not everyone knew that Sussmann was lying. Maybe I’m just being optimistic, but I hope and assume the FISA judge, as the ultimate recipient of this lie, didn’t know it was a lie when he relied upon it in granting the FBI a warrant for surveillance.

If my speculation is right, then who’s the bigger crook? Is it Sussmann for accepting the FBI’s implicit (or explicit) invitation to lie, or is it the FBI for inviting him to lie, recognizing that he’d lied, and then presenting the lie as fact to the FISA court to illegally get a surveillance warrant on a presidential campaign?

Sussmann deserves to be convicted. That said, we expect political operatives like him to lie to everyone all the time. We don’t, however, expect the FBI to lie to the courts, ever, and certainly not for the purpose of spying on political campaigns. I hope Durham is just getting warmed up.

Glenn K. Beaton practiced law in the Federal Courts, including the Supreme Court.

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Why do Democrats want to kill all the black babies?

Some 63 million American babies have been aborted since Roe v. Wade. Almost 40%  were black even though blacks comprise only about 13% of the population. The black abortion rate is nearly five times the white rate.

Justice Clarence Thomas observed in a Supreme Court case a few years ago that in New York City a black baby is more likely to be aborted than to be born.

Altogether, that amounts to over 20 million dead black babies since Roe v. Wade. To put that number in perspective, the number of unarmed blacks killed by police in that period is a few dozen – amounting to something like 0.0002% of the number aborted.

Over a third of the black population of America has been lost to abortion. If the dead black babies were placed head to toe, they would stretch from coast to coast. If they were buried in a cemetery at standard densities, the cemetery would be about 20,000 acres or 31 square miles.

But of course, they’re not buried in cemeteries. They’re disposed of as medical waste in incinerators or landfills. That’s right, dumps. We often dispose of aborted babies in dumps. Even the murdered Jews at Auschwitz didn’t share a trench with garbage and racoons.

Where’s Black Lives Matter on this genocide? They make an extravagant living pretending to grieve the death of a career criminal, drug addict, wife beater and arrest resister. But if black lives truly matter to them, why don’t they even blink an eye at 20 million dead black babies?

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Biden’s nominee for Director of the CIA is an autistic, black, transsexual, cocaine addict

Actual photo of Biden’s appointee to Office of Nuclear Energy (really!)

Not that I have anything against such a person. Some of my best friends are autistic, and most of my readers are. They’re probably also transsexuals or have at least thought about it (it is sort of weirdly interesting from an anthropological perspective, sort of like Neanderthals and dinosaurs). And cocaine can’t be any worse than, say, instant coffee, Australian wine or transsexualism.

As for being black, anyone with half a brain identifies as such. Because these days that will get you admitted to medical school (many college applicants do in fact falsely claim to be black) and appointed to the Supreme Court. It also gets you immunity against prosecution for slapping anyone you damn well please at any time you damn well please, and perhaps shooting them too. Soon, it might also get you some reparations green. 

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By summer, Russia’s losses in Ukraine will exceed American losses in the entire Vietnam War

Ukraine reports that it has killed about 26,000 invading Russian soldiers. Ukraine’s reports of Russian losses – unlike Russia’s own reports – have been fairly reliable, say observers, though NATO estimates a somewhat lower number. As for Ukraine’s own dead, they appear to be significantly fewer than Russia’s even after including the civilians that Russia has murdered.

Ukraine’s figures are not inconsistent with a report from the U.K. that over one-fourth of Russia’s 150,000-man army attacking Ukraine, amounting to perhaps 40,000, has been rendered “combat ineffective.” That means they’re dead or wounded badly enough that they can’t fight.

Russian deaths amount to about 400/day. They truck the corpses back to Russia at nighttime to conceal the carnage.

Put that into the context of modern warfare. The United States lost about 2,400 soldiers in 20 years in Afghanistan. We lost about 6,800 soldiers in the war for Iraq over the course of 14 years. The Soviets lost only about 14,000 soldiers in the ten years they fought in Afghanistan – a number they’ve far exceeded in ten weeks in Ukraine.

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The left’s leak of a draft Supreme Court opinion overturning Roe v. Wade is unprecedented

Politically motivated leaks are no big deal in today’s partisan politics. But something happened today that is utterly unprecedented.

A draft Supreme Court opinion overturning Roe v. Wade was leaked. To my knowledge, this has never happened before. Arguably, it constitutes a crime – a theft of federal property. Even if not, it’s a shocking breach of ethics.

The leak was obviously by one of the three Justices in the liberal wing of the Court, or one of their 10-12 clerks who have access to the internal deliberations of the Court. It was presumably for the purpose of ginning up a public outcry to pressure one or more of the majority justices to change his or her mind.

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