RUTHFULLY YOURS

Just when you think it can’t get any worse . . .

According to House Judiciary Committee chairman Bob Goodlatte (R., Va.), the immunity agreements struck by the Justice Department with Cheryl Mills and Heather Samuelson, two top subjects of the FBI’s Clinton e-mail investigation, included “side agreements.” Pursuant to these side agreements, it was stipulated that (a) the FBI would not scrutinize any documents dated after January 31, 2015 (i.e., about five weeks before the most disturbing actions suggestive of obstruction of justice occurred); and (b) the FBI — in an investigation critically involving destruction of documents — would destroy the computers after conducting its search.

These revelations are outlined in a letter Chairman Goodlatte penned yesterday to Attorney General Loretta Lynch. Goodlatte says his committee learned of the side deals upon reviewing the immunity agreements, which have not been made public. That review naturally prompted a demand by the committee to see the side deals, which — for reasons unexplained — the Justice Department elected not to provide when it gave the committee access to the immunity agreements. The side deals have also not been made public.

For anyone who worked in the Justice Department for any length of time, the striking of side deals with a defense lawyer (in this instance, Beth Wilkinson, who represents both Ms. Mills and Ms. Samuelson) is bracing. Written agreements with the Justice Department (regarding, for example, guilty pleas and cooperation) customarily include a clause explaining that the four corners of the document contain the entirety of the understandings between the parties. This is done precisely because defendants often claim they were enticed into signing the agreement because of this or that side deal purportedly agreed to by the government. The Justice Department likes to be able to say, “We don’t engage in those sorts of shenanigans. The agreement is the single agreement as written.” Why did the Justice Department make side deals in this case (which we’ve been told was treated like any other case . . . except, alas, when it wasn’t)?

More fundamentally, as I’ve been arguing since we learned of the immunity agreements, why did the government grant immunity in the first place? Unfortunately, the question, at this point, is rhetorical. Immunity was granted because the Justice Department would not use the grand jury against Mrs. Clinton.

RELATED: The FBI’s Defense of How the Clinton Interview Was Conducted Is Full of Holes

As I’ve explained, the computers were physical evidence. The law empowers the government to compel production of physical evidence by subpoena (or by search warrant if there is suspicion that the evidence will be tampered with or destroyed). Importantly, however, the power to compel production of evidence derives from the grand jury. In the Clinton e-mails case, unlike virtually every other criminal case, the Justice Department apparently declined to convert the FBI’s investigation into a grand-jury investigation. This meant grand-jury subpoenas would not be issued.

Why?

Patently, the highly politicized Obama Justice Department did this because commencing a grand-jury investigation suggests that a matter is very serious and an indictment (which only the grand jury can issue) is likely. In this case, the Justice Department was determined to maintain the illusion that Clinton and her underlings hadn’t committed crimes, so the grand jury was avoided. That is how you end up with such inanities as the Justice Department’s leaking to the Washington Post that Cheryl Mills was regarded as nothing more than a very cooperative witness, not a suspect, even though we now know that (a) Mills falsely denied that, while serving as then-secretary of state Clinton’s chief of staff, she knew about the homebrew server system; (b) the evidence indicates that Mills is the one who directed Platte River Networks (PRN) to destroy the e-mails stored on Clinton’s server (although there are salient questions about when this happened); (c) the private laptop Mills used to vet Clinton’s e-mails contained mounds of classified information; and (d) Mills was sufficiently worried that her lawyer sought — and obtained — immunity from prosecution before Mills surrendered her computer to the FBI.

In his House testimony last week, FBI director James Comey tried to deflect the government’s failure to use the grand jury by rationalizing that the FBI was very anxious to examine the Mills and Samuelson computers, and that it is often more efficient in a criminal investigation to make informal agreements with the subjects’ lawyers than to rely on grand-jury compulsion. As I countered in this past weekend’s column, this claim is unconvincing. Use of the grand jury and negotiations with defense lawyers are not mutually exclusive. They happen concurrently all the time. Indeed, it is fear that the government might resort to compulsion that induces defense lawyers to negotiate reasonably. Take the grand jury off the table and investigators are apt to get taken to the cleaners.

That is what happened here. With no resort to the grand jury, the FBI was reduced to relying on the Justice Department, which was working closely with Team Clinton’s defense lawyers, to cut immunity deals. These deals gave away the store in exchange for physical evidence the government actually had the power to demand without making concessions, much less extraordinary concessions like immunizing Mills and Samuelson from any prosecution based on the contents of the computers.

According to Goodlatte, those concessions were even more astonishing than they seemed at first blush because of the newly revealed side deals.

The more we learn about the Justice Department’s investigation of Hillary Clinton’s private email, the worse it looks. The latest revelation is that, along with granting immunity to two Clinton aides, Justice agreed to secret side deals that provided highly unusual protections from potential prosecution.

The side agreements came to light this week in a letter from House Judiciary Chairman Bob Goodlatte to Attorney General Loretta Lynch. Mr. Goodlatte says he learned about the side deals by examining the immunity agreements, which haven’t been released to the public.

We already knew that Justice offered immunity to at least five central figures in the private email probe, including Cheryl Mills and Heather Samuelson, the aides in charge of deciding which of the former Secretary of State’s emails on her private server would be turned over to the State Department. FBI Director James Comey struggled to explain to Congress last week why immunity was necessary to obtain the laptops the two had used for sorting the emails.

Now we learn that Ms. Mills and Ms. Samuelson also obtained guarantees that investigators would not search these laptops after Jan. 31, 2015. More amazing, Justice agreed to destroy both laptops after examining them. Think about that: Before the authorities knew what was on the laptops, they agreed to destroy potential evidence in their investigation. The evidence was also under a congressional subpoena and preservation order.

The “no-look” date beyond Jan. 31, 2015 means the FBI couldn’t see what the two aides said or did after the news of Mrs. Clinton’s private server became public in March 2015. Investigators would be unable to determine if Ms. Mills or Ms. Samuelson had engaged, as Mr. Goodlatte put it in his letter, in “destruction of evidence or obstruction of justice related to Secretary Clinton’s unauthorized use of a private email server.” Why else would time limits be necessary given that the two women already had immunity?

We’re told by prosecutors that this kind of special treatment is all but unheard of. Justice would typically empanel a grand jury, which would issue subpoenas to obtain physical evidence like the laptops. No grant of immunity would have been necessary.

So why no grand jury? Mr. Comey told Congress last week that the FBI was eager to see the laptop evidence and that it is sometimes easier to have informal agreements to obtain it. But surely it’s possible to negotiate with lawyers and conduct a grand jury at the same time. Without the threat of a grand jury the Clinton entourage had all the leverage, and they were able to get away with what amounted to formal get-out-of-jail-free cards. CONTINUE AT SITE

Tim Kaine repeatedly defended Hillary Clinton’s use of a private email server during Tuesday night’s vice-presidential debate. “The FBI did an investigation,” he said at one point, “and they concluded that there was no reasonable prosecutor who would take it further.” But such a statement is credible only if it follows a real criminal investigation—that is, the sort of investigation that the FBI and the Justice Department conduct when they actually care about a case and want convictions.

We know all too well what that kind of investigation looks like, as two of the lawyers who defended a recent target: former Virginia Gov. Bob McDonnell. That story had a happy ending for the governor and his wife. The Supreme Court unanimously ruled in their favor this summer and all charges were dropped in September. But their victory certainly wasn’t due to lack of investigatory zeal on the part of the FBI and Justice Department.

Below are only a few of the heavy-handed tactics federal investigators used to build their case against the McDonnells. See how they compare to how Mrs. Clinton was treated.

Conduct ambush interviews. The first contact between law enforcement and the McDonnells was an ambush interview of the governor’s wife. The agents lied to her about the topic of the meeting, forbade Gov. McDonnell’s staff from attending, and then grilled her on their suspicions about potential public corruption. Statements from that interview later took center stage in the trial of her and her husband.

In Mrs. Clinton’s case, no ambush interviews were conducted, and witnesses were generously accommodated. The FBI and Justice Department even allowed a fact witness and potential target— Cheryl Mills, formerly the State Department’s chief of staff—to simultaneously represent Mrs. Clinton as her counsel.

Immunize only witnesses who can help deliver convictions. One person in Gov. McDonnell’s case got immunity: Jonnie Williams, the prosecution’s star witness. For his testimony, Mr. Williams earned a wealth of blanket immunity—not simply from potential bribery prosecution but also from unrelated crimes he might have committed (including securities and tax fraud). Reluctant witnesses—Gov. McDonnell’s children and friends—were called before a grand jury and forced to testify. CONTINUE AT SITE

Today TruthRevolt unleashes Part 1 of a six part — that’s right, six-part — series from Firewall host Bill Whittle in response to the issues left untouched in the first presidential debate. Part 1 focuses on countering Hillary Clinton’s ECONOMIC proposals.

Transcript below:

Well, the first Trump-Clinton debate is behind us, and the thing that struck me so much about this first debate was not so much what Donald Trump said to Hillary Clinton, but rather what he did not say.

So let me give the Conservative response to many of the points that Madam Clinton made and went unanswered.

CLINTON: We also have to make the economy fairer. That starts with raising the national minimum wage and also guarantee, finally, equal pay for women’s work. I also want to see more companies do profit-sharing. If you help create the profits, you should be able to share in them, not just the executives at the top.

How are we going to do it? We’re going to do it by having the wealthy pay their fair share and close the corporate loopholes.

Wow, Hillary: so many falsehoods and so little time…

Let’s start with the $15 minimum wage.

Some cities, like Seattle, have instituted $15/hr minimum wage laws. It turns out that small business owners – the kind of people that pay minimum wage – did not reluctantly lurk to their underground money cavern and drag up more sacks of gold stolen from the workers. The minimum wage was never INTENDED to be a “living wage:” it is and should be for entry-level jobs for people who want to START their work resume in a minimum-wage job – not END it there.

As far as unequal pay for women – the 80 cents on the dollar argument — well that is a gigantic lie and you know it. It is true that if you average all the male salaries, and all the female salaries, men do make more then women, and the reason they make more than women is because they put in longer hours at higher-paying and often vastly more dangerous jobs. The idea that someone at Wal-Mart could say to a woman applicant that the job pays $35,000 a year – for men — but only $27,000 for you sweet cheeks is absurd and you know it. It’s also illegal, and has been for decades, but needless to say, knowledge of and obedience to the law doesn’t seem to be one of your primary virtues.

There is already evidence that voter fraud is being perpetrated in critical battleground states like Virginia and Colorado a month before Election Day.

Voter fraud is commonplace. Completely eliminating it is impossible. The most policymakers can do is create laws and policies that attempt to minimize it.

Voter fraud is unlawful interference with the electoral process in an effort to bring about a desired result. Voter fraud is also called vote fraud, election fraud, and electoral fraud. It refers to fraudulent voting, impersonation, intimidation, perjury, voter registration fraud, forgery, counterfeiting, bribery, destroying already cast ballots, and a multitude of crimes related to the electoral process.

Reasonable people can disagree over how serious a problem voter fraud is in today’s America, but the evidence it actually exists cannot be ignored.

This is where people on the Right and Left differ. Conservatives think fighting voter fraud is important; liberals and progressives don’t care — and many of them go further, arguing that voter fraud is an imaginary problem.

News of the illegal voting in Virginia and Colorado comes as Republican candidate Donald Trump has repeatedly claimed in campaign speeches that the system, including the electoral system, is “rigged.”

Trump has been issuing this warning about the election for months. After a series of anti-voter fraud laws were struck down in several states by federal courts, the candidate raised the possibility that people will vote over and over in the election, voting for which is already underway in many states.

“There’s a lot of dirty pool played at the election, meaning the election is rigged,” Trump said two months ago. “I would not be surprised. The voter ID, they’re fighting as hard as you can fight so that they don’t have to show voter ID. So, what’s the purpose of that?”

People will be able to vote “multiple times,” he said. “How about like 10 times. Why not? If you don’t have voter ID [requirements], you can just keep voting and voting and voting.”

In fact the Left has made it easy to commit voter fraud. Bill Clinton’s Motor-Voter law of 1993 opened the floodgates to fraud.

“Trump owes it to these forgotten Deplorables to prepare for the last two debates and to talk about them, and not himself. If he doesn’t, he will wreck their hopes, betray their trust, and walk away a loser as few others in history.But if Trump fights Hillary with a coherent plan that is the antithesis of the last eight years, rather than harping about his business reputation and obsessing with the trivial, he still might win a conservative Congress, a cadre of loyal conservative cabinet officers, a rare chance to remake the Supreme Court in a fashion not seen since the 1930s — and at 70 years of age make all his prior celebrity achievements of the past seem as nothing in comparison.”

In the first debate, Hillary stuck out her jaw on cybersecurity, the treatment of women, sermons on the need for restrained language, and talk about the shenanigans of the rich — and Trump passed on her e-mail scandals, her denigration of Bill’s women, her reckless smears like “deplorables,” and her pay-for-pay Clinton Foundation enrichment, obsessed instead with the irrelevant and insignificant.

In fact, the first presidential debate resembled the final scene out of the Caine Mutiny. Trump was melting down like the baited Captain Queeg (Humphrey Bogart), in his convoluted wild-goose-chase defenses of his arcane business career. Watching it was as painful as it was for the admiral judges in the movie who saw fellow officer Queeg reduced to empty shouting about strawberries.

Hillary Clinton egged him on in the role of the know-it-all, conniver of the same movie, the smug lieutenant Tom Keefer (Fred MacMurray), who had goaded Queeg, playacted sophisticated and learned — but ultimately proved a vain, empty, and unattractive vessel.

In sum, conservative viewers tuned in, in hopes of seeing Trump as Bull Halsey, the heroic admiral of the Navy’s Third Fleet in WWII, and they got instead Hollywood’s Captain Queeg.

Trump’s detours de nihilo, the constant unanswered race/class/gender jabs by a haughty Hillary, and Trump’s addictions to broken-off phrases, and loud empty superlative adjectives (tremendous, awesome, great, and fantastic) won’t win him the necessary extra 3–4 percent of women, independents, and establishment Never Trump Republicans. Trump’s bragging that he has “properties” in your state or that he found a way to creatively account his way out of income taxes does not come off as synonymous with a plan to make you well off, too.

Moderator Lester Holt did what all mainstream debate moderators of a now corrupt profession customarily do: Before the debate he leaked that they might possibly be conservative, feigned fairness, and then reestablished his left-wing credentials by focusing solely on fact-checking Trump, so that he wouldn’t be targeted later by leftist elites whose pique could lead to temporary ostracism from the people and places Holt values.

So, of course, he audited Trump and exempted Clinton, as if Trump’s businesses were as overtly crooked as the play-for-pay Clinton syndicate, or Trump’s supposed insensitivities to a pampered beauty queen (with a checkered past) were morally equivalent to Hillary’s denigration of Bill’s women who had claimed sexual assault or her eerie post facto chortling over getting a defendant, accused of raping a 12-year-old girl, off with lesser charges.

Most newsreaders know little more than how to news read. So we should not have been surprised that Holt’s audits of Trump on the legality of stop-and-frisk, or Holt’s denial that violent crime was up, was about as accurate as Candy Crowley’s hijacking of the second 2012 debate to rewrite what Barack Obama said into what she thought he should have said. Trump, in fact, was right that his microphone did not work properly and right that the media was biased — but wrong that bringing any of that up mattered in analyses of his debate performance.

The Clinton debate formula should have been clear: Bait and prod Trump to go into egocentric rants about his businesses, or a beauty queen, or another non-story, and then let the moderator massage the playing field, and let Hillary fill in dead time with empty platitudes (we are all racists/we need more solar panels/the wealthy don’t pay their fair share), and unfunded promises, while pandering along race, class, and gender lines.

Trump has to find a way to blow apart that script — largely by repressing his ego and simply not talking about any of his businesses or going down into the Clinton muck. Period.

Who cares about an ancient writ or a spat with a contractor?

Wouldn’t it be nice if just once, some of the people whom Soros pays to tell us that voter fraud doesn’t exist admitted they were wrong? What if government documents were produced to show at least 1,000 instances of voter fraud showing aliens registering or voting in a key swing state? Would they recant?

That’s asking too much. They earn their salaries by pretending voter fraud is a myth, and convincing others in the media to parrot their lies.

So today we learn that in the key swing state of Virginia, voter registration rolls have been polluted with an excess of a thousand aliens, and most certainly far more. This detailed study by the Public Interest Legal Foundation, or PILF, (which I assisted on) documents more than one thousand aliens on the voter rolls. It provides the government documents with the names.

Here’s the most frightening part: the sample is only eight Virginia counties and doesn’t include the behemoths of Arlington and Fairfax Counties. I’ll get to why that information is being concealed by election officials in a moment below.

In just eight Virginia counties, 1,046 alien non-citizens successfully registered to vote. Mind you, these are just the aliens who were accidentally caught because when they renewed their driver’s license, the told the truth they were a non-citizen.

That’s because of Motor Voter. Motor Voter, or the National Voter Registration Act of 1993, mandates that anyone who applies for a driver’s license must be offered voter registration. To register, they must merely mark a checkbox that they are a citizen and sign the form. It’s a yes-no question, and thousands are lying — just in Virginia.

Virginia has no citizenship verification requirements like other states do, so the vulnerabilities in Motor Voter are amplified. Voter ID is no solution either. These aliens are getting registered to vote when they are getting their photo ID cards!

Some groups like it this way. Soros-fueled organizations have brought lawsuits to stop states from verifying citizenship of registrants. The Advancement Project and Demos are the answers to the Jeopardy question: Who would ever be against verifying the citizenship of voters?

Another question – why would they fight steps to prevent foreign influence on American elections? – raises even more ominous possibilities.

The Virginia report by PILF contains the responses of just eight Virginia counties to public inspection requests under Motor Voter for list maintenance documents demonstrating aliens who have been removed from the rolls.

The report only reflects the eight counties who complied with the request, and only reflects the aliens who were caught. Without question, many many more aliens remain on the rolls who haven’t been caught. But at least now we have the names of people who were removed from the rolls by the hundreds for citizenship problems.