Monday, June 14, 2021

Claims of ignorance from Sessions and Barr about leak investigation of House Democrats have to be falsehoods, according to former Watergate prosecutor

 

Bill Barr and Jeff Sessions, under oath

 

Trump attorneys general Jeff Sessions and Bill Barr are lying when they claim to know nothing about secret warrants to spy on reporters and Democratic members of Congress, among others, a former Watergate prosecutor told MSNBC yesterday. From a report at Raw Story

Former Watergate prosecutor Jill Wine-Banks explained on MSNBC Sunday that there's no way that Attorneys General Bill Barr and Jeff Sessions didn't know about the warrants to spy on reporters, Democratic members of Congress, their staff and families, and [Trump's] own White House counsel.

Barr, Sessions and former Justice Department deputy Rod Rosenstein have all denied they knew of the subpoenas to spy, but Wine-Banks explained that's impossible because something like this would go all the way to the top.

"It may be that the person that they were investigating, had a legitimate predication for the search warrants and that they had some reason to do this," she told MSNBC. "It could have been that he got called by somebody that they were already investigating. It doesn't mean this is normal. It is not normal, and I think the investigation is absolutely critical, holding someone accountable is important to stop this from ever happening again. We can't have members of Congress, the press, and the White House counsel subjected to this. And the reason Don McGahan, of course, is of concern is because he was cooperating with Mueller which made him an enemy of Donald Trump. Donald Trump was calling out [Adam] Schiff, he was calling out [Eric] Swalwell, people who were subject to this search warrant, and he certainly must have felt uncomfortable with his own White House counsel who was cooperating and telling the truth to Mueller. So, that's why it's of concern."

Long-time observers of Alabama politics, who have followed Sessions' machinations as state attorney general and U.S. senator, should not be surprised to learn he has a disconnect with the truth. Sessions' detractors call him "the evil elf" for a reason. How laughable are the claims of ignorance so far? Here is more from Raw Story

Sessions said that he was never briefed on this seizure of records. Barr played fast and loose with the language, saying that he never discussed the leak cases with Trump. That was similar language to Barr's refusal to answer when then-Sen. Kamala Harris (D-CA) questioned him about Trump or anybody else who "asked or suggested" that he open an investigation into his political foes. Barr pretended not to know what the word "suggested" meant and refused to answer.

Host Alicia Menendez asked Wine-Banks if it was possible they didn't have any idea what was going on.

"In my opinion, no, and let me tell you why," said Wine-Banks. "First of all, we had [Osmar] Benvenuto, who was brought in at the recommendation of the U.S. Attorney from New Jersey, who was put in by Barr to replace the New York attorney who he was pushing out. He recommended Benvenuto who came in, and Benvenuto has said -- in a recording, that he briefed Barr at least every other week. So, it is not credible. And if Barr didn't know about this, then Barr is the worst manager, the worst Attorney General ever, because that is his job. The Department of Justice policy requires that there be notice and approval from a higher source. So, it's not something that you can just subpoena a member of Congress' records or a reporter's records without something much more. So, it doesn't pass what I call the 'red face test.' It's like, could I stand up before a jury and say this in front of them without blushing or giggling? The answer is, no, I couldn't."

Sessions' denial is particularly nutty, given this from The New York Times, which broke the story last Thursday

Prosecutors, under the beleaguered attorney general, Jeff Sessions, were hunting for the sources behind news media reports about contacts between Trump associates and Russia. Ultimately, the data and other evidence did not tie the committee to the leaks, and investigators debated whether they had hit a dead end and some even discussed closing the inquiry.

But William P. Barr revived languishing leak investigations after he became attorney general a year later. He moved a trusted prosecutor from New Jersey with little relevant experience to the main Justice Department to work on the Schiff-related case and about a half-dozen others, according to three people with knowledge of his work who did not want to be identified discussing federal investigations.

Translation: The leak investigation started on Sessions' watch, and he repeatedly bragged about being a tough guy on leaks, but now he claims to know nothing about what went on. This is a guy who has lied at least three times to Congress about his role in the Trump-Russia scandal, so lying to the press is . . . well, minor-league stuff for this big-league liar.

How uncomfortable could all of this get for Sessions and others? Axios already has labeled it "the emerging scandal of the summer": 

Washington has been served up an unprecedented controversy, and now officials from two branches of government are rushing to get a piece of the scandal spoils.

  • In the spotlight... the Trump-era Justice Department, which seized records from journalists and House Democrats during a leaks investigation over stories about the Russia probe.
  • Now Senate Democrats and the Biden-era Justice Department inspector general are separately launching investigations.

Back in 2017 and 2018, the DOJ obtained a gag order against Apple and subpoenaed the company to hand over data belonging to a dozen people linked to the House Intelligence Committee.

The big picture: "While Justice Department leak investigations are routine, current and former congressional officials familiar with the inquiry said they could not recall an instance in which the records of lawmakers had been seized as part of one," the N.Y. Times reports.

  • The seized records contained no proof of leaks.

The bottom line: The slow drip, drip of stories has now turned into the potential big story of the summer.

12 comments:

Anonymous said...

If Sessions and Barr testify before Congress on this, why put them under oath? An oath to be truthful clearly means nothing to them.

legalschnauzer said...

The resignations have begun, per AP:

The Justice Department’s top national security official is resigning from his position after revelations that the department secretly seized records from Democrats and members of the media.

John Demers will leave his position by the end of next week, a Justice Department official told The Associated Press on Monday. The official could not discuss the matter publicly and spoke to the AP on the condition of anonymity.

The resignation comes amid questions about what Demers knew about the Justice Department’s efforts to secretly seize the phone data from House Democrats and reporters as part of the aggressive investigations into leaks.

Demers, who was sworn in a few weeks after the subpoena for the Democrats’ records, is a Trump appointee who has remained in the Biden administration. He is one of the few remaining Trump appointees still in office.

News emerged last week that the Justice Department had secretly subpoenaed Apple for metadata from House Intelligence Committee Chairman Adam Schiff and another Democratic member of the panel, California Rep. Eric Swalwell, in 2018, as their committee was investigating then-President Donald Trump’s ties to Russia. Schiff at the time was the top Democrat on the panel, which was led by Republicans.



https://apnews.com/article/justice-official-demers-resigning-secretly-seized-records-e9fd00c31fc53f827a8921f551b4008e

legalschnauzer said...

More on the Demers resignation:

Demers will be replaced by Mark Lesko, the acting U.S. attorney in the Eastern District of New York, the official said.

Demers has been in charge of the department’s national security division since February 2018, being sworn in a few weeks after the subpoena was issued to Apple for the Democrats’ records, and his division has played a role in each of the leak investigations.

President Joe Biden has nominated Matt Olsen, an executive at Uber who has experience in the Justice Department and served as director of the National Counterterrorism Center and as general counsel for the National Security Agency, to be the next assistant attorney general for national security. But Demers has remained in place while Olsen awaits a confirmation hearing in the Senate.

legalschnauzer said...

MSNBC: Did Trump DOJ weaponize subpoenas?



https://www.msnbc.com/opinion/did-doj-target-trump-enemies-using-improper-subpoenas-we-need-n1270606

legalschnauzer said...

From CNN's Kaitlan Collins on Twitter:

Rod Rosenstein now says he didn’t know. Bill Barr says he didn’t either. Jeff Sessions was recused from all matters related to the Russia probe. Lots of ignorance pleading about high profile subpoenas targeting Democratic lawmakers.

Anonymous said...

The appointment of Jeff Sessions as AG might have been the first clear sign that Trump was unfit for office.

legalschnauzer said...

Agreed. Sessions had zero qualifications to be US attorney general. He had already been found not qualified to be a federal judge, so how did he suddenly become qualified to run the entire DOJ? Of course, Trump was looking for sycophant, not a real AG. He found one.

legalschnauzer said...

Something to keep in mind about Jeff Sessions, from a 5/21 post at LS:

Why does it matter that Jeff Sessions -- a former U.S. senator from Alabama and once the state's attorney general -- has an apparent affinity for attacks on a free press? Well, it matters to me because I have firsthand experience with such attacks, having been beaten and abducted from my own home in Birmingham and tossed in jail for five months for daring to report at this blog on government corruption in Alabama and beyond..

Multiple sources tell Legal Schnauzer that Sessions and his allies -- Rob Riley, Luther Strange, Doug Jones, and Steve Windom -- have extraordinary influence with the Alabama State Bar. I have reported critically on all of those individuals, except Windom, so is it any wonder I have documented evidence of the Alabama State Bar trying to deny my right (and Mrs. Schnauzer's right) to an attorney in a civil matter involving my unlawful imprisonment? Not to me. Is it possible such skulduggery, which could qualify as obstruction of justice, wire fraud, and perhaps other crimes under federal law, still is going on? That would not surprise me one bit.

Here is something else that would not surprise me: If it turns out that Jeff Sessions brought up the idea of attacking the press to the Trump white House. If so, I'm sure the idea fell on receptive ears.



https://legalschnauzer.blogspot.com/2021/05/trump-administration-seized-phone-and.html

legalschnauzer said...

An important reminder to Alabama progressives about Doug Jones, Jeff Sessions, Donald Trump, and Al Franken, from a 12/17 LS post:

So, Jones wants to put the Trump sex scandals behind us, but here is what he said about Al Franken just 12 days ago:

The Democrat in Alabama’s heated Senate election says it is time for Minnesota Sen. Al Franken to “step aside and let’s move on.”

Doug Jones made the comments while greeting volunteers at a campaign phone bank in downtown Birmingham.

“Initially this was part of a Senate Ethics Committee. It seems to me now that we’re at a point that it would be best for the country and what would be best for his constituents is for Sen. Franken to step aside and let’s move on,” Jones told reporters.


Why would Jones call for Al Franken to resign, while seeking to let Donald Trump off the hook? That's an easy one to answer. Franken was the No. 1 thorn in the side of Trump attorney general and former Alabama U.S. Senator Jeff Sessions. And Jones' most important base of support -- financial and otherwise -- comes from Alabama Republicans connected to Jeff Sessions. This is a clear sign that Jones, even before taking office, is serving the interests of his Republican benefactors -- while more or less saying, "The hell with black voters who put me in office."

Those statements about Trump and Franken sound like they came from Jones' Republican handlers -- and we've presented evidence that he has handlers from the right wing. We published multiple posts during the campaign, showing that Jones is closely aligned with Alabama GOP operative Rob Riley (son of former governor Bob Riley). Jones and Rob Riley joined forces to help generate $51 million in attorney fees from a HealthSouth lawsuit, and that money reportedly helped Jones' 2017 campaign get off the ground; when he ran for U.S. Senate in 2002, his campaign was stillborn because of fund-raising problems.

Our posts (see here, here, here, and here) also showed that Jones drew strong support from other Republican stalwarts, such as Karl Rove, Jeff Sessions, Tom Donohue (U.S. Chamber of Commerce) and Bill Canary (Business Council of Alabama). Jones rode into office on the backs of black voters, especially black women, but the CNN interview is the first sign that he will answer to what many call the corrupt "Alabama Gang."



https://legalschnauzer.blogspot.com/2017/12/doug-jones-comments-about-donald-trump.html

legalschnauzer said...

Insight from Dana Jill Simpson re: the Jones/Sessions/Trump triangle:

This likely will be the first of many times that Jones sells out his black supporters.

Alabama opposition researcher and whistle blower Jill Simpson was highly critical of Jones during the campaign, repeatedly saying he is an ethically challenged, backstabbing, DINO (Democrat In Name Only). The signs of Jones' dubious integrity are easy to find: (1) He called off an investigation of Paul Bryant Jr. and Alabama Reassurance after the company had been found during a Pennsylvania trial to have been connected to at least $15 million in insurance fraud; (2) Jones charged former Alabama governor Don Siegelman $300,000 for a criminal defense, did very little work on it and bailed out before trial because of Jones' scheduling conflict, and apparently did not return a dime of that money.

Jones, in essence, stole money from Don Siegelman and covered up for money stolen from insureds that involved Alabama Re and Philadelphia lawyer and entrepreneur Allen W. Stewart. Yesterday's interview with CNN's Jake Tapper likely is the first sign that Doug Jones' mask slowly is being peeled back.

We tried to warn Alabama voters about the scoundrel who was running opposite Roy Moore, but the message didn't seem to get through. Perhaps now, voters will start seeing they should have a serious case of "buyer's remorse" when it comes to Doug Jones.

What is Jones really all about? Here is a reminder, via the words of Jill Simpson:

What a hoot, I have never seen anything like this -- the Karl Rove, Tom Donohue, and Bill Canary Chamber of Commerce types claim they are staying out of the Moore/Jones race, when secretly they have all hands on deck helping Doug Jones. Doug is the Chamber of Commerce candidate in Alabama. Many progressives in Alabama have been viciously mistreated by the chamber, so that will not bode well for Doug. Many progressives have even been investigated by the chamber for working against Republicans, but by golly, the corporate guys are not helping Roy the Republican this time. Right now, it is all out war between Rove Republican elites -- Doug Jones is their guy -- and the Bannon Religious Right/White Republicans, and Roy Moore is their guy from the South and Heartland. . . .

legalschnauzer said...

From Muck Rack:

This is nuts

Sources tell Michael Schmidt and Charlie Savage of The New York Times that Apple Is Said to Have Turned Over Data on Trump’s White House Counsel in 2018. According to their reporting, the company notified Don McGahn last month that it had been subpoenaed for his account information three years ago.

As Schmidt and Savage write, “the disclosure that agents had collected data of a sitting White House counsel, which they kept secret for years, is extraordinary.”

And sure, “You’d think that authoritarian governments would at least be able to get stuff done quickly,” tweets Jon Schwarz. “But often they can’t, because they’re made up of paranoiacs who spend 75% of their energy spying on each other.” Being a paranoiac is super time-consuming.

The point, though: “!! FBI agents secretly obtained account data belonging to then-White House counsel Donald McGahn. DOJ and FBI have to come clean, right now. Tell us everything. This is nuts,” tweets Dan Froomkin. Adds Devin Gordon, “ive slept on it and i still cant wrap my head around a president using the DOJ to spy on his own WH counsel.”

As Will Bunch says, “It’s starting to look like Trump had his own ‘Plumbers’ operation going, but unlike Nixon this one was installed directly at the Justice Department. The Boston Globe is exactly right: Indict and prosecute.”

legalschnauzer said...

More from Muck Rack, about threats to free press:

Meanwhile, CNN Pentagon correspondent Barbara Starr is finally able to talk about how the Trump administration tried to secretly obtain tens of thousands of her emails from 2017, as well as her phone records.

“America’s armed forces swear an oath to the Constitution which includes protecting a free press. I wonder why President Trump’s Justice Department could not do the same. My op-ed, my thoughts, my voice as a CNN correspondent,” she tweets.

In it, she warns, “Even if you don’t like the news media, take notice: Secret Justice Department proceedings against the free press affect everyone in this country. That is what I would hope Merrick Garland takes away from this entire sorry affair.”