Monday, June 18, 2018

The "Russia! Russia!" court case is getting entertaining


The mainstream media appear to be ignoring this, but if you read the latest developments in the US District Court in Washington D.C., I'd say Special Counsel Robert Mueller and his legal team are trying to fight their way out of a box while the walls are closing in on them . . . and it's all their fault.

First, some background.

On February 16, 2018, Special Counsel Robert Mueller obtained a federal indictment of 13 Russian nationals and 3 Russian companies for conspiring to wage “information warfare” by “impairing, obstructing, and defeating the lawful functions of the United States by dishonest means in order to enable Defendants to interfere with U.S. political processes, including the 2016 presidential election.”

. . .

The indictment was heralded by the media as a major achievement by Team Mueller. But a few observers questioned whether Mueller truly expected any of the defendants to appear in a U.S. court to answer the charges. Others asked if the indictment was merely an empty public relations move by Mueller attempting to show that his investigation was producing solid results.

The answers to these questions have started to emerge. Against all expectations, in April, lawyers for one of the Russian corporate defendants, Concord Management and Consulting, LLC, entered their appearances in the U.S. District Court for the District of Columbia. They followed up by serving extensive discovery requests on Team Mueller seeking full disclosure of the government’s case and investigation including sensitive national security and intelligence information.

. . .

At the arraignment, Concord’s lead counsel, Eric Dubelier, was asked whether he represents Concord Catering, another one of the charged Russian companies. He replied that he did not and added, “I think we’re dealing with the government having indicted the proverbial ham sandwich. That company didn’t exist as a legal entity during the time period alleged by the government.” [Emphasis added]

Then, hinting at more of the graymail yet to come, he remarked darkly that, “We now know that the special counsel apparently has access to [Concord’s] confidential filings at the Office of Foreign Assets Control, which in and of itself is a disturbing fact.”

Dubelier stated, “Your Honor, we waive formal reading of the indictment. We enter a plea of not guilty. We exercise our right to a speedy trial.” [Emphasis added]

. . .

This is a no lose situation for Concord and a self-inflicted wound for Mueller. And, as the saying goes, self-inflicted wounds are always the most painful.

There's more at the link.  Highly recommended reading.

The special prosecutor filed for delays and gag orders concerning potential evidence.  Concord's lawyers filed their response last Friday.  They began with this doozy of an opening paragraph.

Having produced not one iota of discovery in this criminal case the unlawfully appointed Special Counsel requests a special and unprecedented blanket protective order covering tens of millions of pages of unclassified discovery.  Having made this special request based on a secret submission to the Court and a hysterical dithyramb about the future of the American elections, one would think that the Special Counsel would cite to case holdings that support this remarkable request.  But no, instead, the Special Counsel seeks to equate this make-believe electioneering case to others involving international terrorism and major drug trafficking, and relies only on irrelevant dicta from inappropriate, primarily out-of-circuit cases.  In short, fake law, which is much more dangerous than fake news.

Ouch!  As one Reddit commenter put it, "It’s an extra special touch when your lawyer s***s on another lawyer in such a way that they’re forced to look up the manner in which they’ve been insulted."

I think the Mueller team is caught on the horns of a dilemma here.  They appear to have filed a case mainly for its public relations impact;  but the targets of their wrath are refusing to roll over and play dead.  Instead, they're using the US legal system to insist that Mueller prove his charges, and disclose all the evidence involved.  That means he's got to put up, or shut up;  prove his case, or withdraw charges - which would be a public relations disaster.

Pass the popcorn.  This is going to get seriously entertaining.

Peter

9 comments:

Sam L. said...

My bet's on PR disaster.

Unknown said...

You nailed it, Brother!

It is not the crime that will kill you, it is the coverup. Every act
committed in furtherance of a conspiracy resets the statute of limitations
clock. If Peter Strozker, his mistress Lisa Page, James Comey Andrew
McCabe, James Clapper, Robert Mueller and his merry band of Clinton
supporters, and other members of the FBI, Justice Department etc., turn
whole house of cards will collapse!

When facing serious time in a federal prison, all of these people will
spill their guts for immunity. If any one of these people can establish
connections to the Democrat party, Loretta Lynch, Eric Holder or any
other members of the Obama administrations executive branch within the
last two years, all hell is going to break loose!

Obama and the Clinton's may be forced to move to countries without
extradition treaties with the US. If you are going to engage in
a conspiracy, do not involve too many people. These Keystone Cops
left a trail that Mr. Magoo could follow! There is no honor among
thieves.

HMS Defiant said...

I agree with Sam. This is hilarious and it can only get better.

A dithyramb..... who knew? :)

Wraith said...

Never bluff unless you're ready to have it called. Mueller either produces evidence, which he ain't got, or admits this was nothing but a witch hunt from the get-go.

Praise the Good Lord and President Trump!

j said...

Defence lawyers are having way too much fun with Mueller's morons.

Steve Sky said...

@Unknown - You are assuming that someone will 'turn' to avoid a lengthy prison sentence, and in normal life, that's sometimes happens. However, in the back of their minds Arkencides, must be considered if they 'turn'. Just like the Mafia, Omerta is the way of life for people in the Clinton organization, backed up by the Arkencide of people who do talk out.

JimK said...

Mueller's team is a bunch of Democrap hacks. This is all par for the course.

levi from queens said...

As I read the Interim Protective Order filed by the judge, the prosecutors got all of the protection of evidence they requested on an interim basis to be followed up by a substitute protective order. Defense counsel is not even allowed to show the materials to defendant employees who are assigned to the case. The interim order is even more restrictive than the government had requested.

Perhaps this is to allow discovery to proceed while the substitute order is, the judge hopes, agreed between the parties. If it is not agreed, he will have to provide the substitute protective order. There is a deadline of 6/25 for materials on the substitute protective order.

nono said...

Just think about this for a moment. The special counsel has put Manafort in jail for "Witness tampering". As far I know these "witnesses" are not US citizens and not resident in the US. That means if they do not want to testify at trial the special counsel can not force them to by sending the US Marshals after them. With out them appearing in court no statements or personal records they have provided to the special counsel can be used in evidence. See The Constitution of the USA:

AMENDMENT VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Yes it is my personal belief that the judge screwed up big time, should not have sent Manafort to jail just on the say so of a FBI agent.