Andrew McCabe Broke Some News Today

Apparently a lot of news! McCabe did an extended interview with Nicolle Wallace this afternoon. I’d like to highlight a couple of important items that were revealed.

The question that didn’t get asked, and even if it did, I’m not sure McCabe would have answered it, is whether he’s got a copy of the four page draft that the President wrote to justify firing Comey? If McCabe has a copy, that’s going to make his lawsuit much, much easier. And if he doesn’t, the discovery is going to be amazing.

McCabe apparently made some other news in his chats with the former DOJ and FBI officials who Wallace had booked as her contributing commentators for the remainder of the segment.

According to Frank Figliuzzi, former FBI Assistant Director for National Security (that’s the counterintelligence and counter-terrorism division), McCabe related to Figliuzzi and former DOJ spokesman Matt Miller in the green room before the show that he didn’t open new investigations into the President. Rather, he added the President to the existing and ongoing counterintelligence investigation into the Russian active measures campaign against the US. Figliuzzi also related that McCabe informed them that he also added the obstruction of justice investigation into the President’s actions to that ongoing investigation into the Russian active measures campaign against the US. It is this counterintelligence investigation that Robert Mueller inherited when he was appointed as the special counsel.

I know everyone is stressed right now, especially given CNN’s somewhat credulous reporting and The Washington Post‘s much tighter reporting that the Special Counsel is winding down his investigation. And what that may or may not mean. I know others are still angry that no one was doing anything to stop this from happening as it was happening. What was revealed today, however, confirms what we knew: that something was, indeed, happening. Specifically a counterintelligence investigation had been opened into the President’s campaign, his business, a number of people within the President’s orbit, and then ultimately the President in regard to the Russian active measures campaign against the US.

I have no idea what next week is going to bring, let alone March, but I do know something about counterintelligence and counterintelligence investigations. And that something includes that these things are designed to be completely compartmented, not to leak, and to take as long as they take. Because the purpose of them is to identify, delineate, and then stop the threat to US national security. Sometimes this means prosecutions. A lot of times it doesn’t. The Venona counterintelligence investigation lasted from 1943 until 1980 and the materials it produced weren’t declassified until 1993!

At this point we don’t really know whether the Special Counsel is, indeed, finishing up. Or whether he’s just streamlining for the next phase of the investigation he’s pursuing. Or if he’s just handing everything off to the career prosecutors in the appropriate Federal districts, as well as the appropriate state (New York and Maryland) and local (Washington DC) prosecutors who will bring the rest of the indictments and carry out the rest of the prosecutions based on the work that the Special Counsel’s Office has been conducting for the past two years. But we do know that some people, even as we’ve discovered that they are flawed, working in Federal institutions that don’t always get it right, stood up and made difficult decisions to ensure that the appropriate investigations were opened and situated in a way that they could be conducted.

I’m going to leave the last word here to former US Attorney for the Northern District of Alabama Joyce Vance:

Everybody take a deep breath and cut yourselves and everyone else a little slack. This is a marathon, not a sprint. And as BettyC has highlighted for us all, there’s a new sheriff in DC and she takes her responsibilities as the leader of the co-equal legislative branch of government very seriously. As do her deputies.

Open thread!

PS: I fully expect that if Attorney General Barr tries to bury Special Counsel’s work so it never sees the light of day that it will leak. And before that happens, as was the case with Jeff Sessions and Matt Whitaker, I expect information to leak about Barr and his past actions and activities. As was the case with the leak about Sessions’ contacts with Kislyak that forced his recusal and the leak that the company that Whitaker had been involved with was under Federal investigation, something will be leaked about Barr as a warning shot across the bow. Sessions was smart enough to get the message. I’m not sure if Whitaker was, but it really didn’t seem to matter. We’ll have to wait and see if Barr is as smart as Sessions.



They Play The Long Game and They Tell You Their Every Move

Many of you have heard about Clarence Thomas making the news:

ustice Clarence Thomas on Tuesday called for the Supreme Court to reconsider New York Times v. Sullivan, the landmark 1964 ruling interpreting the First Amendment to make it hard for public officials to prevail in libel suits.

He said the decision had no basis in the Constitution as it was understood by the people who drafted and ratified it.

“New York Times and the court’s decisions extending it were policy-driven decisions masquerading as constitutional law,” Justice Thomas wrote.

This is, of course, completely unrelated, I am sure, to conservative animus to a free press calling out right-wing perfidy. It also has nothing to do with Donald Trump’s longstanding war with the media and, notably, Jeff Bezos and the Washington Post. This is also completely unrelated:

Lawyers for 16-year-old Nicholas Sandmann, the Covington Catholic High School junior who faced off with Omaha Nation elder Nathan Phillips on the steps of the Lincoln Memorial last month, have filed a $250 million lawsuit against The Washington Post, one of many newspapers to report on viral video of the incident.

“This is only the beginning,” said the attorneys, Lin Wood and Todd McMurtry, on their firm’s website, noting that it was the “first lawsuit” on Sandmann’s behalf.

This is also unrelated to the Covington boys hiring a right wing PR firm hired by Scott Jennings, a protege of Mitch McConnell. Why, I’d even wonder what roads some of the attorneys at Hemmer, DeFrank, and Wessels traveled. Who clerked with who, who went to law school with who, etc.

Or maybe I am just being paranoid and conspiratorial. But I have no doubt that the free speech zealots on the right at the court will suddenly drop that position if it helps their side. They’re all hacks and frauds.



Roger Stone Pursues the Path to Martyr-dumb!

Bless his heart…

National security correspondent Dan Murphy has the chain of transmission:

Stone has already deleted the instagram post, and, of course, thrown an employee under the bus. Long time members of the party of personal responsibility never seem to take personal responsibility…

To be serious here for a moment, a simple google image search for Judge Amy Berman Jackson, returns dozens of images of her. To find one with a cross hairs image or logo near her head meant that whomever went looking for an image for Stone’s post had to specifically either be looking for an image like that or trying to create one. Which is not surprising given that Stone has a long history of positing material with anti-Semitic themes or borrowing them from people and our sites that do. Here’s just one example. Also, why does it look like Rudy has a squirrel crawling around in his flight suit? Ewww!!!

In regard to Roger Stone, as they say in the south: that boy ain’t right!

This will definitely not get Judge Jackson removed from the case, but it is likely to get Federal law enforcement to overreact. Especially as some of the people who follow the conspiracy theories that Stone promotes tend to take them to heart and then take violent action as a result of them.

Though it is interesting to watch the seeming political evolution of former Congressman Joe Walsh:

Open thread!



Late Night Sportsball Open Thread: Kaepernick Is Still Pissing Off All the Reicht Right People

The Guardian trolls the NFL:

Colin Kaepernick’s lawyer says his client still wants to play in the NFL, and believes he would fit in well at the Super Bowl champion New England Patriots.

On Friday, Kaepernick and his former teammate Eric Reid settled a complaint of collusion against the NFL. Reid and Kaepernick claimed the league’s owners blackballed them because they had protested against social injustice by kneeling during the national anthem. The terms of the agreement are confidential.

Kaepernick has not played in the league since he left the San Francisco 49ers at the end of the 2016 season. In an interview with CNN on Saturday his lawyer, Mark Geragos, said the 31-year-old “absolutely wants to play” and said Kaepernick continues to stay in shape and is game fit.

Geragos said the Carolina Panthers would be a “natural place” for Kaepernick. They signed Reid last season, and their starting quarterback, Cam Newton, will have shoulder surgery this offseason. There was no significant backlash from Panthers fans when they signed Reid, who was a teammate of Kaepernick at the 49ers.

“I think you’re going to see … within the next two weeks that somebody is going to step up and do the right thing, and you want me to predict who?” Geragos said. “Besides the Panthers, it would not surprise me if [Patriots owner] Bob Kraft makes a move.”…

Not that I understand (American) football, either, but I seriously doubt Kaepernick will ever play on an NFL team again (assuming he actually wanted to do so, what with the CTE and the bodily trauma and all). NFL owners seem to have the power to punish lèse-majesté to a degree that Donald Trump can only covet, and Kaepernick’s offended their conception of ‘their’ players as dumb serfs to be treated the way they’d treat their prizewinning racehorses and pedigreed dogs, except it seems the ASPCA has more legal scope than the NFL Players Union.

But I think Jemele Hill’s take in the Atlantic is excellent — “Kaepernick Won. The NFL Lost”:

The terms of the settlement, announced on Friday, were not disclosed. But it doesn’t matter how much money Kaepernick ultimately receives from the NFL; what matters is that he bested a league that has a long history of pummeling its opposition in court, especially players.

In a way, the NFL had no other choice. Last August, arbitrator Stephen Burbank rejected the NFL’s request to have the case dismissed. That meant he believed Kaepernick’s team had compiled enough receipts to present their case. With another hearing reportedly scheduled for next month, did the NFL really want to let Kaepernick’s legal team expose those receipts in court?…

That Kaepernick was the one to make the NFL eat crow is a special kind of karma. This is just punishment because the league incompetently handled the player protests, starting with Kaepernick’s, from the beginning. Had the league not been so heavy-handed in policing the protests, this issue likely would have abated sooner. Had the league ignored Trump instead of cowering to his bullying, appeasing Trump wouldn’t have become a priority. Had one league owner had the guts to sign Kaepernick, this collusion case would have been a nonstarter…

Though this legal battle with Kaepernick has been resolved, he isn’t going away either. The league will forever have to live with the fact that it was complicit in destroying someone’s career simply because he wished to bring attention to the injustices suffered by his people. If owners and Roger Goodell believe that they no longer will have to face questions about why Kaepernick isn’t in the league, they’re wrong. No matter what an arbitrator rules, how the NFL treated Kaepernick will always be the mistake they can never amend.



Going Out Of Business To Own The Libs

So I guess he showed them?

“I didn’t give in to big Nike and big dollars. I didn’t give in. I did it my way,” he told News5.

“That part of the military respect that’s in me just cannot be sacrificed or compromised, as I believe Brandon Marshall and Colin Kaepernick both did. I don’t like losing a business over it, but I rather be able to live with myself,” he added.

This is Colorado Springs – home of Focus on Family and probably the most conservative area of the state. Go figure.  Between this and the bakery guy, so much winning going on here.

We are getting ready to meet Baby’s prospective new family. I talked with her at length last night and they’d all be lucky to have each other if it works out.

Open thread