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Members of Congress Subpoena Members of Congress

The January 6 Committee just issued subpoenas to five of their colleagues.

Minority Leader Kevin McCarthy was in communication with President Trump before, during, and after the attack on January 6th. Mr. McCarthy was also in communication with other members of the White House staff during the attack and in the days before and after January 6th concerning the events at the Capitol. Mr. McCarthy also claimed to have had a discussion with the President in the immediate aftermath of the attack during which President Trump admitted some culpability for the attack.

Representative Scott Perry was directly involved with efforts to corrupt the Department of Justice and install Jeffrey Clark as acting Attorney General. In addition, Mr. Perry had various communications with the White House about a number of matters relevant to the Select Committee’s investigation, including allegations that Dominion voting machines had been corrupted.

Representative Jim Jordan was in communication with President Trump on January 6th and participated in meetings and discussions throughout late 2020 and early 2021 about strategies for overturning the 2020 election.

Representative Andy Biggs participated in meetings to plan various aspects of January 6th and was involved with plans to bring protestors to Washington for the counting of Electoral College votes. Mr. Biggs was involved in efforts to persuade state officials that the 2020 was stolen. Additionally, former White House personnel identified Mr. Biggs as potentially being involved in an effort to seek a presidential pardon for activities connected with the former President’s efforts to overturn the 2020 presidential election.

Representative Mo Brooks spoke at the rally on January 6th, encouraging rioters to “start taking down names and kicking ass.” In addition, Mr. Brooks has publicly described conversations in which the former President urged him to work to “rescind the election of 2020” and reinstall Mr. Trump as President. The Select Committee also has evidence that Mr. Brooks’s staff met with members of Vice President Pence’s staff before January 6th and conveyed the view that the Vice President does not have authority to unilaterally refuse to count certified electoral votes.

I suspect such a subpoena only conceivably has a chance in hell of working with Kevin McCarthy (or possibly Mo Brooks if he can do it quietly, given how Trump has targeted him). The rest of genuine criminal liability they’d like to use Speech and Debate to dodge.

But this provides a way for the January 6 Committee to package up what evidence they have against these five in such a way as to feed it to DOJ.

Rudy Giuliani Attacks Biden as SDNY Sifts Through His Comms for Ukraine Foreign Agent Investigation

Among the many Trump allies suggesting that the former President was better on Russian issues than the current, Rudy Giuliani attempted to attack President Joe Biden with a Tweet dripping with projection.

Just over four weeks ago, the Special Master Barbara Jones delivered the latest tranche of records seized from Giuliani’s phones to prosecutors in SDNY, the US Attorney’s Office that Rudy once led.

While the scope of the review exceeds the scope of the known warrants, those known warrants target Rudy’s role in getting Maria Yovanovich fired in 2019 as part of an effort to get campaign dirt on Joe Biden.

Indeed, for six of Rudy’s devices, the latest review focused on the period from December 1, 2018 through May 31, 2018, which would cover the following events.

Late 2018: Rudy Giuliani participates in a Skype call with the former top Ukrainian prosecutor, Viktor Shokin, who was ousted from office after multiple Western leaders, including former Vice President Joe Biden, pressed for his removal. Leaders complain Shokin was failing to tackle corruption. It’s around this time that Giuliani says he first learned of a possible Biden-Ukraine connection.

January 2019: Giuliani meets in New York with the top Ukrainian prosecutor at the time, Yuriy Lutsenko. This is when, Giuliani says, his investigation into the Bidens began.

A man named Lev Parnas has said he attended the meeting with Lutsenko and arranged the call with Shokin. Parnas told NPR he attended at least two meetings Giuliani had with Lutsenko. Parnas and an associate, who also worked with Giuliani, are later arrested and charged with violating campaign finance law in a separate matter.

March 31: The first round of presidential elections take place in Ukraine. Zelenskiy, a comedian who once played a president on television, comes out ahead of incumbent President Petro Poroshenko. The race goes to a runoff.

April 7: In an interview on Fox News, Giuliani, unprompted, brings up a Biden-Ukraine connection. He says that while investigating the origin of the Russia investigation, “some people” told him “the story about [gas company] Burisma and Biden’s son.” Giuliani suggests that as vice president, Biden pressed to remove Shokin because he was investigating Burisma, a Ukrainian gas company that had Biden’s son Hunter on its board for several years. There is no evidence to support this claim.

April 21: Zelenskiy is elected president of Ukraine and Trump calls to congratulate him. A White House readout of the call says Trump “expressed his commitment to work together with President-elect Zelenskyy and the Ukrainian people to implement reforms that strengthen democracy, increase prosperity, and root out corruption.”

April 25: Trump calls in to Sean Hannity’s TV show and says he has heard rumors about Ukrainian “collusion.” He tells the Fox News host he expects Attorney General Bill Barr to look into it. “I would imagine he would want to see this,” Trump says.

May 6: Marie Yovanovitch, the U.S. Ambassador to Ukraine and an Obama appointee, ends her assignment in Kyiv. According to the whistleblower complaint filed against Trump, she had been “suddenly recalled” to the U.S. by senior State Department officials a week earlier.

Giuliani later says in an interview that she was removed “because she was part of the efforts against the President.” Yovanovitch tells Congress that she learned from the deputy secretary of state “there had been a concerted campaign against me, and that the Department had been under pressure from the President to remove me since the Summer of 2018,” according to prepared remarks reported by multiple outlets.

May 9: Giuliani tells The New York Times he will travel to Ukraine “in the coming days” to push for investigations that could help Trump. Giuliani says he hopes to meet with President-elect Zelenskiy to push for inquiries into the origins of the Russia investigation and the Bidens’ involvement with Burisma.

“We’re not meddling in an election, we’re meddling in an investigation, which we have a right to do,” Giuliani tells the Times.

“There’s nothing illegal about it,” he says. “Somebody could say it’s improper. And this isn’t foreign policy — I’m asking them to do an investigation that they’re doing already and that other people are telling them to stop. And I’m going to give them reasons why they shouldn’t stop it because that information will be very, very helpful to my client and may turn out to be helpful to my government.”

Among the members of Congress criticizing Biden, Tulsi Gabbard voted present to impeach Trump on his related extortion attempt; virtually all Republicans voted not to impeach Trump, including Biden critics Paul Gosar and Scott Perry. Of Republican Senators, just Mitt Romney voted to convict the President.

Trump was not serious about Ukraine. He viewed it as nothing more than a political football. Almost his entire party backed him in that effort.

And his former attorney, wailing on Twitter about the ‘CLEAR AND PRESENT DANGER” posed by “mentally deteriorating [men], who [were] of limited intelligence even before [] dementia” remains under criminal investigation as an unregistered agent of Russian-backed Ukrainians for his role in politicizing Ukraine.

The Worm Turns: Neither Devin Nunes Nor Ron DeSantis (Thus Far) Support Jim Jordan’s Impeachment Bid

As I laid out a few weeks ago, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post.

I was in DC when Mark Meadows and Jim Jordan rolled out articles of impeachment against Rod Rosenstein. As a number of people have noted, the articles themselves are batshit crazy, calling over-redaction subsequently corrected a high crime and misdemeanor.

And some of the articles would require a time machine to prove, such as holding Rosenstein responsible for a FISA application submitted when he was merely the US Attorney for MD with no role in the investigation.

But something else is even more interesting to me.

The original press release included the names of 6 congressmen, in addition to Mark Meadows and Jim Jordan, who co-sponsored the articles HR 1028:

  1. Mark Meadows
  2. Jim Jordan
  3. Andy Biggs
  4. Scott Perry
  5. Paul “Dentists Read Body Language” Gosar
  6. Jody Hice
  7. Matt Gaetz
  8. Scott DesJarlais

And while the other three congressmen who joined as co-sponsors seemed a lot more sheepish about signing on, the following me also joined:

  1. John Duncan
  2. Louie Gohmert
  3. Bill Posey

By mid-morning yesterday, in the face of opposition from Paul Ryan and citing some deal with Bob Goodlatte, Meadows and Jordan admitted defeat. Shortly thereafter, Jordan announced a bid to be Speaker, with support from Meadows.

Apparently this morning, the following men signed on:

  1. Tom Massie
  2. Ted Yoho
  3. Ralph Norman
  4. Duncan Hunter

We’re two days into this effort, and thus far, two names are conspicuously absent: Devin Nunes (who has admittedly refrained from officially participating in some of the batshittery to — apparently — limit his legal exposure) and Ron DeSantis, who has spent the last seven months leading efforts to discredit Mueller’s investigation.

While I was in DC, a Republican admitted to me that this was just about ginning up votes and predicted that the House is done meeting until November — meaning Rosenstein should be safe from Congressional tampering until then.

If so, DeSantis’ non-participation in this stunt is telling. He’s running for governor with the vocal support of President Trump.

Indeed, DeSantis currently has a healthy lead against Adam Putnam in the GOP primary, with the primary date a month away, August 28, largely due to Trump’s support.

DeSantis is also one of the people who most obviously benefitted from Russian interference in 2016.

That Ron DeSantis has not (yet) signed onto this stunt suggests he’s not sure that, in a month (or perhaps in three, in the general), having done so will benefit his electoral chances to be governor.

So apparently Jim Jordan (facing sexual assault cover-up charges) and Duncan Hunter (facing even more serious legal troubles) think it’s a smart idea to go all-in on supporting Trump. But Ron DeSantis does not.

Steve King Just Voted to Subject Americans to “Worse than Watergate”

Devin Nunes has launched the next installment of his effort to undercut the Mueller investigation, a “Top Secret” four page report based on his staffers’ review of all the investigative files they got to see back on January 5. He then showed it to a bunch of hack Republicans, who ran to the right wing press to give alarmist quotes about the report (few, if any, have seen the underlying FBI materials).

Mark Meadows (who recently called for Jeff Sessions’ firing as part of this obstruction effort) said, “Part of me wishes that I didn’t read it because I don’t want to believe that those kinds of things could be happening in this country that I call home and love so much.”

Matt Gaetz (who strategized with Trump on how to undercut the Mueller investigation on a recent flight on Air Force One) said, “The facts contained in this memo are jaw-dropping and demand full transparency. There is no higher priority than the release of this information to preserve our democracy.”

Ron DeSantis (who joined Gaetz in that Air Force One strategy session with Trump and also benefitted directly from documents stolen by the Russians) said it was “deeply troubling and raises serious questions about the [the people in the] upper echelon of the Obama DOJ and Comey FBI,” who of course largely remain in place in the Sessions DOJ and Wray FBI.

Steve King claimed what he saw was, “worse than Watergate.” “Is this happening in America or is this the KGB?” Scott Perry said. Jim Jordan (who joined in Meadows’ effort to fire Sessions) said, “It is so alarming.” Lee Zeldin said the FBI, in using FISA orders against Russians and facilities used by suspected agents of Russia was relying “on bad sources & methods.”

It all makes for very good theater. But not a single one of these alarmists voted the way you’d expect on last week’s 702 reauthorization votes if they were really gravely concerned about the power of the FBI to spy on Americans.

Indeed, Gaetz, DeSantis, and King — three of those squawking the loudest — voted to give the same FBI they’re claiming is rife with abuse more power to spy on Americans, including political dissidents. Nunes, who wrote this alarming report, also wrote the bill to expand the power of the FBI he’s now pretending is badly abusive.

Even those who voted in favor of the Amash-Lofgren amendment and against final reauthorization — Meadows, Jordan, and Perry, among some of those engaging in this political stunt — voted against the Democratic motion to recommit, which would have at least bought more time and minimally improved the underlying bill (Justin Amash and Tom Massie, both real libertarians, voted with Democrats on the motion to recommit). Zeldin was among those who flipped his vote, backing the bill that will give the FBI more power after making a show of supporting Amash’s far better bill.

In short, not a single one of these men screaming about abuse at the FBI did everything they could do to prevent the FBI from getting more power.

Which — if you didn’t already need proof — shows what a hack stunt this is.