It must be nice to live in a world of one’s dreams and never have to bother with reality. It’s Monday, February 14 and many remarkable things are taking place in the world. Aggression in Ukraine, the Olympics, the Superbowl win, masks coming off nationwide, we could go on and on enumerating the main events of the day; but in Trump world, all this is bupkis. There is one event alone that captivates all attention and that is the Durham nothing burger. Get ready, Durham is the new but her emails.
First, Donald Junior decided to get stoned over it, because Junior decides to get stoned if it’s a day ending in a y and there is breathable air in the room.
Junior decided to put on his own chemically-enhanced halftime show last night, going on a deranged rant about Bob Woodward, Hillary, and Watergate. He finally concludes that his dad is always right about everything. pic.twitter.com/WCs18VsSbt
— Ron Filipkowski (@RonFilipkowski) February 14, 2022
That pretty much sets the tone for it. And then Daddy had to go completely off the rails today. Evidently he was expecting this to become a major something and the fact that it is nothing exasperates him. We understand that. At this point it would take something of a Watergate-level revelation to distract from all the malfeasance Trump is doing. He needs it, and he was hoping this was it, and contrary to what sonny boy says above, Trump was wrong again.
Alright. What is the major crime? What is the atrocity. Here is a lengthy thread by Seth Abramson and it goes through detail by detail what is going on with John Durham, how he was appointed, how all he’s ever found is small, procedural level infractions and how this is just one more. You might want to keep it handy for reference in case you have a MAGA relative who wants to go off the deep end about this latest conspiracy theory.
2/ Second, understand that though it’s now gone on for *years* and wasted *millions* of dollars, Durham’s embarrassing, politically-motivated-from-the-jump charade has failed: you can count its indictments on one hand, and they’re for what *Trumpists* call “minor process crimes.”
— Seth Abramson (@SethAbramson) February 13, 2022
4/ Despite this, the insurrectionists now say a minor filing in Durham’s interminably embarrassing farce is “bigger than Watergate,” and Trump has publicly called for people to be *executed*—I’m not kidding—over a single sentence in the largely irrelevant Durham filing. It’s sad.
— Seth Abramson (@SethAbramson) February 13, 2022
So you’re following this so far? This is Benghaziiiiii level nonsense.
6/ To understand the filing, you must first understand one of the most well-documented components of Donald Trump’s modus operandi, and that is to *ensure* that every co-conspirator in his criminal schemes is represented by someone with whom *he* enjoys attorney-client privilege.
— Seth Abramson (@SethAbramson) February 13, 2022
8/ While the Mueller probe led to *scores* of indictments and was *exponentially* more successful at finding wrongdoing than Durham’s probe has been, Mueller conceded in Vol. 1 of his report that Team Trump had used various means to hide evidence—and that these efforts *worked*.
— Seth Abramson (@SethAbramson) February 13, 2022
10/ As a former criminal defense attorney, I long wondered why, why Robert Mueller *knew* that Trump was tampering with witnesses like Paul Manafort and Michael Cohen—and *knew* this tampering was both a federal felony and harming his investigation—he never did anything about it.
— Seth Abramson (@SethAbramson) February 13, 2022
12/ That said, had Mueller ever involved the courts in the unethical conduct nearly every attorney associated with Trump engaged in from 2016 to 2020—had he ever investigated *why* he couldn’t get evidence he thought he’d have access to—Trump would have faced new felony charges.
— Seth Abramson (@SethAbramson) February 13, 2022
14/ Enter Durham, a once-respected lawyer whose pursuit of the heroes who probed Trump’s crimes is profoundly unethical. *He’s* decided that *he* doesn’t want witnesses in *his* case doing what the man he’s protecting—Trump—does in literally every case he’s ever been involved in.
— Seth Abramson (@SethAbramson) February 13, 2022
16/ Durham filed a notice that was unnecessary, as he and the lawyers could’ve merely jointly or separately filed the waivers in question under seal—or even without a separate notice.
But Durham filed his notice publicly—and made it *long*—so he could get new facts to MAGA fans.
— Seth Abramson (@SethAbramson) February 13, 2022
18/ What Durham reveals, in a filing that didn’t have to go into *any* of the facts of his case—as he could simply have said that a potential conflict of interest has been found, the parties have agreed to waive it, and waivers are forthcoming to that end—is a big nothing-burger.
— Seth Abramson (@SethAbramson) February 13, 2022
So stop for a moment here. You see where this has gone. A “potential conflict of interest has been found” and “parties have agreed to waive it.” So, once more it is a minor, procedural level issue. It is not a big deal. But this is where Trump sees “atrocity” and “major crime” in a waiver. A waiver is a voluntary relinquishment of a known right.
20/ What Durham reveals is that one of the witnesses in his case—not someone he charged—may have used his access to non-public info in trying to determine if Trump servers were making contact with Russian entities. The non-public data ranged from 2014 through early February 2017.
— Seth Abramson (@SethAbramson) February 13, 2022
22/ So here are the two big takeaways:
1⃣ Contrary to what Team Trump always claimed, Durham confirms that *yes*, they *did* inexplicably ping Russian entities nearly a *thousand* times during the 2016 campaign.
These pings remain unexplained—and *also* inexplicably lied about.
— Seth Abramson (@SethAbramson) February 13, 2022
24/ Durham reveals that of the nearly *1,200* days of non-public data the effort to investigate Trump’s historically unprecedented collusion with a hostile foreign power occasioned—data that *proved* unexplained pinging—around *21 days* covered time Trump was in the White House.
— Seth Abramson (@SethAbramson) February 13, 2022
26/ But the real purpose of Durham’s filing is to *defend* Trump—further proof of why (and how) he was chosen by Trump’s stooge Barr.
Durham hastens to note that there were *other* pings of these Russian entities between 2014 and 2017 that were *not* from Team Trump. Uh… okay?
— Seth Abramson (@SethAbramson) February 13, 2022
28/ If—as Durham implies in his gratuitous attempt to publicly clear Trump and smear Obama—there were *similar* pings coming out of the *White House* in the Obama years (which we might well expect), how does that clear a *private businessman* from *similar* trans-Atlantic pings?
— Seth Abramson (@SethAbramson) February 13, 2022
30/ But Seth, you might say, are you condoning a man using special access to non-public telecommunications data for political purposes?
No! Not at all. And I expect that if Durham thinks the man committed a crime, he’ll charge him.
But he hasn’t. In fact, he did the *opposite*.
— Seth Abramson (@SethAbramson) February 13, 2022
32/ The difference between what Durham did and what a normal attorney would’ve done is subtle—so let me explain.
If a prosecutor or defense attorney knows a witness may incriminate themselves on the stand, that officer of the court is supposed to alert the court of this *first*.
— Seth Abramson (@SethAbramson) February 13, 2022
34/ But Durham didn’t alert the court that one of *his own witnesses* might have a Fifth Amendment issue, presumably because (a) he can’t charge him with anything, (b) he decided any such charge would be too minor to bother with, or (c) he knew *that* filing would be under seal.
— Seth Abramson (@SethAbramson) February 13, 2022
36/ But *Durham’s* bizarre, unnecessary motion not only takes a different tack (casually implying there could be something suspicious going on with the lawyers in the case, of which he has no evidence) but then going into facts on that score that he needn’t have mentioned at all.
— Seth Abramson (@SethAbramson) February 13, 2022
38/ So why make the filing at all? Well, we’re seeing *exactly* why: it allows Trump to claim he was being spied on, demand that people be executed for it, claim again—disgustingly—that the Trump-Russia scandal was a mere hoax, and so on. None of which is warranted by the filing.
— Seth Abramson (@SethAbramson) February 13, 2022
40/ Clearly the Democratic investigation was rather indiscriminately gathering EOP—White House–originating—data if *99% of the data* was about Obama’s White House!
Indeed, there can be no better evidence that Trump *wasn’t* being specifically targeted as to *that* stock of data.
— Seth Abramson (@SethAbramson) February 13, 2022
42/ Donald Trump is a career criminal who colluded with Russia in 2016—repeatedly. He has also, *provably*, colluded with China, pro-Kremlin elements in Ukraine, Saudi Arabia, the UAE, Turkey, and far-right elements in Israel. He is the most risible *traitor* in American history.
— Seth Abramson (@SethAbramson) February 13, 2022
44/ Trump is a con man whose catalogue of crimes is almost endless. There’s no law or point of ethics for which he has any regard or which he can be relied upon to respect. Anything he accuses anyone of doing he has done a hundred times over. History shows we can *count* on that.
— Seth Abramson (@SethAbramson) February 13, 2022
46/ Again, Trump directly ordered this. Repeatedly. Angrily.
In the present case, we have an agent of an agent of agents of Clinton accessing non-public info in a way even Trump defender Durham apparently can’t find a single crime in.
The Trumpist projection here is…pathetic.
— Seth Abramson (@SethAbramson) February 13, 2022
48/ If Durham wants to prove otherwise, he can charge his own witness with Espionage and end whatever deal he agreed to with him. He can investigate the Trump-Russia pinging at issue and prove it was benign. He can demand DOJ pursue *Trump’s* lawyer-related conflicts of interest.
— Seth Abramson (@SethAbramson) February 13, 2022
50/ Beyond that, I have no opinion on this latest effort by insurrectionist Trumpists to whitewash the sedition of their Dear Leader.
/end
— Seth Abramson (@SethAbramson) February 13, 2022
Durham can’t find a crime and his time has run out. Trump desperately needs for a crime to be found and especially a Watergate level one. Absolutely. He needs that and he needs it now. That’s why he’s inventing one.
I expect that you’ll hear a lot more on this before the day is through. Trump isn’t going to let go of this easily.
Emptywheel has been following Durham’s investigation, such as it is, since it started. Durham has approximately zero in evidence.
This is a detailed analysis from someone who unlike me is actually trained in the law but it fleshes out what I’ve been saying the past couple of days. Which is that this filing was indeed a nothing-“berder” made of cow-PIE “meat” and a means by which to divert attention from what’s coming when the Jan. 6 committee starts with its hearings. Pathetic? Yes. But I still believe it will give conservative commentators and outlets all they need to ignore the revelations coming from Jan. 6 hearings and instead pour forth a steady stream of reality obscuring bullshit. And conservative consumers will eat it up with a fake gold spoon (one with Trump’s signature printed on the handle – they won’t care when it rubs off!) they bought for $49.95 on Trump’s website.
Oh dear Ursula – you’re mixing up your languages – it’s ‘pater and filius’ (Latin) or Pere and fils (French).
However – as said over here “What can you expect from a pig but a grunt?”. Baby Donny just likes his face on TV – his rambles are about as coherent as the aforementioned porcine sound bit and he does take after pops in that respect
Didnt this traitor write a letter stating how to overturn the election?
Why was this organized crime family able to operate freely for 40 years?
Maybe seth can explain that….