Thread by @gainesm

(THREAD)

Remember the Feb 28 “unity” dinner between AG Jeff Sessions, Deputy AG Director Rod Rosenstein, and Inspector General, Noel Francisco? In light of #McCabe’s firing - this gets a second look.

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axios.com/scoop-jeff-ses…

The dinner made headlines for 2 reasons: for appearing to show the top 3 DOJ official in an open display of unity against Trump and because it occurred on the same day as Trump tweeted an “attack” against Jeff Sessions

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This followed a previous Trump tweet in another “attack” on Sessions a few days earlier - appearing to blame Sessions for the ongoing investigations into the Trump campaign’s alleged collusion with Russia in the 2016 election.

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At the time, multiple mainstream news orgs took the position that Sessions, Rosenstein, and Francisco were making an intentional public sub-statement as a sort of DOJ Three Musketeers display of unity in opposition to Trump.

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cnn.com/2018/02/28/pol…

So the question is this - if the DOJ’s top 3 WERE giving an intentional display of unity, exactly what was the “thing” against which they were trying to be unified? Was it against Trump’s attacks on Sessions and the FBI, or was it something else?

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While we can speculate about hidden meaning to that dinner, the same Axios article claiming the dinner was a solidarity message, cites a source close to Sessions saying the dinner was pre-planned by Francisco to talk about unrelated DOJ matters.

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Yet FoxNews ran a segment dismissing the Axios source and insisted there WAS a hidden message in the dinner meeting - which, once again, means only one side is telling the truth.

insider.foxnews.com/2018/03/01/hay…

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In that segment FoxNews implies the DOJ’s top three stand together in direct opposition to Trump’s stance - the one he tweeted about on the day of the dinner - about how Trump wanted Sessions to handle the alleged FISA abuse investigation.

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Per Trump’s Feb 28, 2017 tweet, he wants AG Sessions to use DOJ “lawyers” rather than DOJ’s Office of the Inspector General, to investigate potential FISA abuse because he claims 1) the IG can’t criminally PROSECUTE, and 2) it takes too long (then implied the IG is partisan).

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Here’s where Trump may have incriminated himself, Sessions, and GOP leaders in criminal conspiracy, obstruction of justice, abuse of power, & consciousness of guilt - with the help of the House Intelligence Committee’s release of “the memo” - the FISA tweet is about #McCabe

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Let’s look at the House Intel Committee’s GOP memo alleging DOJ corruption & FISA abuse: In these screenshots, we find #McCabe’s name mentioned 3 times: as an official who SIGNED a FISA renewal, citing his testimony on use of the Steele Dossier, and implying impropriety

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And here is what the DOJ’s Office of the Inspector General does - which is why Sessions was apparently speaking with them concerning the alleged abuse of FISA.

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This is part of why Trump’s tweet may be so incriminating. The IG is an INDEPENDENT office created by statute - meaning, neither the President nor the DOJ‘s chain of command has ANY authority whatsoever over them. They answer ONLY to the US Attorney General and Congress.

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Andrew #McCabe dismissal by AG Sessions came after an IG investigation, but BEFORE the IG’s report has even been finalized - per a Politico article’s characterization of a “dramatically accelerated process”

politico.com/story/2018/03/…

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That same article explains the IG process as a lengthy one, normally taking over a year to complete - which brings us back to Trump’s complaint of the lengthy process, and the ONLY other timeline he’s mentioned in the Trump-Russia scandal: #McCabe’s retirement date.

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The IG’s Evaluations and Inspections Division may be with whom Sessions was conferring when Trump tweeted his displeasure on Feb 28th, precisely because they are the only division described as able to expedite issues that need “immediate attention” on the IG’s website

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But we already know the only urgency in firing #McCabe was his fast-approaching retirement date. He was no longer in an acting role at the DOJ, having stepped down at the end of January and, per requirement, using his remaining vacation days before finalizing his departure.

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It seems clear #McCabe could have saved his pension, per this Jan 29, 2017 @NYT article, he had not refused a demotion offered to him by Christopher Wray (James @Comey’s replacement as FBI Director)

nytimes.com/2018/01/29/us/…

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Per that same article, Wray knew the recommendation the IG intended to make - and that #McCabe’s 21yr career could end in disgrace. This begs the question: why did Wray offer the demotion if he believed firing McCabe was appropriate? We will come back to this question.

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The BIGGER question is - why didn’t #McCabe take the demotion? Only 3 possibilities come to mind:

1) He thought he was safe - 🤪

2) He didn’t want a pay cut - 🤦‍♀️

3) He martyred himself for Mueller’s investigation - 🤔

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Remember: either Team Trump is telling the truth and the DOJ’s leadership is rife with partisan corruption, OR Team Comey is telling the truth and ALL of this is a massive pile of corruption on the part of the President and GOP leadership. How can we tell which one it is?

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Here’s how we can tell whether or not Trump and the GOP are guilty of High Crimes:

Trump’s ongoing attacks against Jeff Sessions for refusing himself on Trump-Russia instead of ending the probe.

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nytimes.com/2017/07/19/us/…

Whether or not you like the feisty little Keebler Elf standing between Trump and the Mueller investigation, there is something many people do not know about Jeff Sessions: he is a man wholly and unequivocally dedicated to Constitutionalism.

nytimes.com/2017/07/27/opi…

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Whatever Sessions believes about Trump’s guilt or innocence in the Russia probe, what he will not do is violate the Constitution - nor appear to violate it. It is precisely why he chose to recuse himself, and why he went through the IG to deal with #McCabe

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Which brings us to why Trump is so angry. The position of the Special Counsel is created by a statute insulating the role from unjustified interference. It also states the only person who may legally remove the Special Counsel is the Attorney General

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Trump‘s hands are tied on ending the Russia probe. The only 3 ways Trump can get to Mueller are:

1) find an AG to fire Mueller
2) ignore the statutes
3) change the statute

As shown in this @washingtonpost graphic

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Of the 3 paths to Mueller:

1) New AG - Nixon territory, and Sessions has a lot of friends in the Senate
2) Ignore Law - Courts will reverse and rebuke. Harshly.
3) Rewrite Law - Trump would need Congress to be ride or die for him. During midterms. Nope. Lol

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And this brings us to the ONLY path to Mueller being dependent on Sessions’ agreement - which requires the legal justification he wants to meet the statutory obligation.

That’s why Sessions went with the IG investigation on @Comey (which is STILL active).

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It’s also why Sessions went with an expedited IG for #McCabe it gave Trump his masturbatory revenge on McCabe w/ a bonus pound of flesh from the defiant Keebler Elf.

And it’s why the GOP did their memo - and plans to do more.

newsweek.com/republican-dev…

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And it’s definitely PERSONAL for Trump. He’s pissed the DOJ didn’t bend over for him, and he’s out for blood. His vendetta is plain as day in his made up accusations about McCabe’s wife - just a week before the “90 day race to retirement” taunt.

latimes.com/nation/nationn…

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Which brings us, again, back to the not-a-message-but-maybe-a-message-to-Trump-dinner. Solicitor General, Noel Francisco, who was at that dinner, is next in line (after Rosenstein) to oversee Mueller after Rachel Brand resigned 2 weeks prior.

reuters.com/article/us-usa…

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At that dinner, on the day Trump decried the IG for #McCabe, we have the recused AG, whose recusal prevents him from firing Mueller, Deputy AG Rosenstein, who appointed Mueller, and Solicitor General Francisco, who would oversee Mueller it Sessions or Rosenstein leave.

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Jesse Panuccio, a Trump appointee who replaced Rachel Brand, is not there. Why? Until the Senate confirms him, he cannot save Trump - but we already knows Trump can’t go that route. The GOP has threatened to “end the Trump presidency” if he tries.

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usatoday.com/videos/news/po…

Adding to all of that, we have Trump’s late night Tweet last night where he reveled in #McCabe’s firing - making the mistake of tying it to Comey, which draws another line tying the dismissal to Mueller’s investigation.

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The text from Trump’s tweet was included in a response to The Daily Beast this morning by Trump’s personal attorney, John Dowd - who, after a bizarrely worded praise for the IG and Sessions, called upon Rosentein to end Mueller’s investigation.

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thedailybeast.com/trumps-lawyer-…

That article was cited by Senator Mark Warner (D-Virginia), who is the Vice Chair of the Senate Select Committee on Intelligence, shortly after its publication as he called for Mueller’s protection.

This is how we now can connect all the dots.

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The Vice Chair of the SSCI, privy to a GREAT DEAL of Russia probe info, wants Mueller protected b/c Trump’s surrogate (who cited Trump’s tweet celebrating #McCabe’s firing, which Trump orchestrated through Sessions for this purpose) covers them to end the investigation.

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Considering Donald Trump Jr. recently praised the fairness & impartiality of the SSCI hearings, which Warner co-chairs, we cannot dismiss Warner as partisan. In trusting Warner’s intentions, we are forced to mistrust Trump’s.

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thehill.com/homenews/house…

The GOP‘s initial report from the early end to the House Intel Committee’s probe supports this. They disagree w/ the unanimous opinion of 17 different civilian & Gov’t intel agencies on Trump’s election being a goal of Russia’s 2016 meddling.

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politico.com/story/2018/03/…

If we trust Warner & our Intel Community, it means we cannot trust Devin Nunes (R-CA), his memo, the House Intel Committee’s conclusion or the President. This implies an overt conspiracy to obstruct Mueller’s investigation. The only question left to answer is - why?

40/ (END)

Correction: Initial tweet names Francisco as the Inspector General, which is incorrect. He is the Solicitor General. The Inspector General is Michael Horowitz and was not part of the “unity” dinner.