Apparently Trumpty Dumpty is having trouble sleeping nights because this is how he greeted the world Sunday morning, with a bizarre request to the committee that awards the Pulitzer prizes, i.e., that the ones awarded in 2018 for investigative reporting into Trump’s connections with Russia be “rescinded,” because John Durham’s two-year long investigation resulted in a sole indictment. Get ready for your mind to spin, this is vintage Trump b.s.

Now class, raise your hands if you believe Donald Trump wrote this letter, I’ll wait. …still waiting….what’s that you say? You could give him a million dollars to define “damning repudiation” and the closest he would come is “repair on a broken dam.” You’re probably right.

I especially like the part about how the recipients are supposed to “voluntarily surrender” their awards, based upon some lame allegation that John Durham’s indictment of Michael Sussman “exonerates” Trump. MSNBC:

Special Counsel John Durham was tasked with investigating the origins of the FBI’s Russia investigation. He now appears to have ended his work not with a bang, but with a whimper.

It is hard to see how the case Durham filed on Thursday against Washington lawyer Michael Sussmann meets Justice Department standards. The indictment alleges that Sussmann met with FBI General Counsel Jim Baker in September 2016 to provide information about connections between a Russian bank and the Trump Organization. The FBI was unable to substantiate any links between Alfa Bank and former President Donald Trump’s businesses, but the charge against Sussman — making false statements to the FBI — doesn’t allege that the substance of the information was false. Instead, Sussman is accused of having misrepresented on whose behalf he was providing it.  […]

The case is equally weak on the merits. Although making false statements to an FBI agent is a serious crime, the government must be able to prove each and every element of the offense. Here, at least two of the five elements cannot be met.

First, Sussmann maintains that he did not make the statement. Many defendants deny misconduct, but this time it may work. In most false statement cases, the precise language of the statement at issue is memorialized in some way — the transcript of testimony under oath, a written submission, or a recorded oral statement. If not, the federal agency will usually provide two or more witnesses who personally heard the statement. Here, it appears that the whole case is built on the testimony of one witness, Baker. And in a he said, he said faceoff, the ties goes to the defendant.

In addition, it is not clear that Baker will be a strong — or even willing — witness. In a closed-door meeting with Congress in 2018, Baker testified that he did not recall whether Sussmann had represented himself as working on behalf of the Democratic Party or Hillary Clinton’s presidential campaign. Hardly the star witness needed to convict in the absence of all other evidence.

Even assuming the prosecution can prove that the statement was false, that Sussmann knowingly lied and that the crime is in the FBI’s jurisdiction, it still cannot establish materiality. The materiality element requires a showing that the statement could influence a matter under consideration; not every false statement is a crime, only those that matter. If Sussmann had also bragged to Baker, say, that he runs a six-minute mile, but in fact, he runs a ten-minute mile, that statement might be false, but it would not be material to the matter at issue.

Here, the indictment alleges that Sussmann’s statement that he was not acting on behalf of any client was material because if the FBI had known that Sussmann was providing the information on behalf of the Clinton campaign, it would have treated the information differently. But this allegation is refuted by its own witness. In his 2018 congressional testimony, Baker was asked whether it would have mattered if Sussmann had told him he was there on behalf of the Clinton Campaign. He said it wouldn’t, a devastating admission for Durham’s case.

And here’s what you need to look at: Durham’s motive.

So why would Durham bother to file charges in a case so rife with issues? The date of the indictment carries one clue. It was filed on the last day of the grand jury’s term before the five-year statute of limitations was set to expire on Sept. 19. That this case and a prior case against an FBI lawyer for altering an email are the only charges Durham has filed suggests that this is the closest thing he has found to a crime in his search.

Another clue about why this case is being filed is the amount of detail contained in the 27-page indictment. It discusses the Clinton campaign’s efforts to engage in opposition research on former President Donald Trump, much of it beyond the scope of the very narrow offense with which Sussmann is charged. It may be that Durham is using this indictment as a vehicle to disseminate what he has found to the public so that Trump and his allies can paint a false equivalence between the conduct of the Trump and Clinton campaigns.

Mueller found that the Trump campaign shared polling data with a Russia intelligence officer, met with Russians to obtain dirt on Clinton, and coordinated messaging around the disclosure of stolen email messages. With this indictment, Trump can now say that it was Clinton who brought information to the FBI about links to Russia in the first place and yet again claim the Mueller investigation was a hoax.

Get the shovels ready, we’re about to be mired in manure. This is the set up for the next round of bothsiderism.

Help keep the site running, consider supporting.

9 COMMENTS

    • It appears to me, that, “citizen lard butt Trump has done it again”, commenting via high level lawyer-speak, as if he has money to pay for it, and there is hard evidence that Trump has dealt himself a poison poker hand … the depth of Putin’s control and Trump’s suck ups to him, rather than supporting our own intelligence, marked by International announcement that he did …

      A whole LOT of fragments are falling all around Trump now, many new revelations of coercion and stupid money laundering left virtually uncloaked by sons Ying and Yang’ public speak about golf courses favored by Putin …

      Trump was SO stupid to brag about top secrets to the Russian agents in the Oval office, causing Israeli agents to hide from Russian threats to their lives …

      There is no way Pee Pee Trump should draw ANY comment or actions from the Pulitzer Prize people, he is dead in the water, his weak, flailing attempts to tread water are fading fast …

  1. I’m not a lawyer and unlike you have never been in a law classroom formally studying it. However, I like to read up on legal stuff and since this issue of lying to federal agents has come up so much in recent years along with other crimes by Team Trump I believe there is another element that is missing. INTENT. Even if all the other elements of this “white collar” crime ae firmly established prosecutors also have to prove intent to mislead or lie. In this case, was an alleged omission of doing work for Clinton an overt/intentional act to hide relevant information from the FBI. I keep seeing legal experts pointing out this is often the most difficult hurdle to overcome.

    As for Trump and the Pulitzers I have an idea. One Trump ought to love. This latest missive should earn him the first evert PUTZ Award. And each time he sends one of these out he should get another one. Soon his collection will be so big he’ll be bragging about how he’s got so many PUTZ Awards, and making fun of journalists who only have one or two Pulitzers.

  2. Just because he who shall not be named has not (YET) been indicted for his many criminal and TREASONOUS acts does NOT mean that he has ever been exonerated!! Unfortunately we will probably never see him convicted of his obviously treason and hanged!!! But I hope to at least see video of him being perp-walked into a super-max prison cell after being convicted for his many many many crimes, including his depraved indifference that caused the death of at least 500,000 American citizens!!!

  3. He keeps trying to tell these world class bodies what to do! Remember when he thought he should have a Nobel Peace Prize? I’m guess it’s all posturing and showmanship for his base. No one else pays him any mind.

  4. I strongly doubt that “letter” was actually written by Donald; it’s far too coherent and insufficiently self-reverent for what he usually produces.

    At any rate, the Pulitzers only withdraw or rescind awards for journalism if the journalism itself was false or fabricated, not just because a story may (or, in this case, may not) have been disproved by later events. Just because there wasn’t enough evidence to withstand a court hearing does not mean the evidence was flawed, much less faked. Courts have higher standards for evidence than reporters do (Pulitzer-winning journalists do strive to ensure their stories and sources are absolutely solid but, at the same time, they’re not really trying to “make” a legal case against someone–if their work becomes the basis of a legal case, that’s a different matter but the prosecutors still have to delve beyond what is in the story to make *their* legal case).

  5. Durham just throwing stuff against the wall to see if something sticks. He had to do something to not look like an idiot wasting taxpayer dollars on nonexistent crimes.

  6. It’s truly amazing after 4years of “bad, sad, mad, & fake news”, he was able to spin silk to cover his usual stinking fat ass. Man, evidently he’s been using his free time to study English. Wonder if Natasha has learned any new words other than “bring me moose & squirrel”?

LEAVE A REPLY

Please enter your comment!
Please enter your name here

The maximum upload file size: 128 MB. You can upload: image, audio, video, document, spreadsheet, interactive, text, archive, code, other. Links to YouTube, Facebook, Twitter and other services inserted in the comment text will be automatically embedded. Drop files here