I recently wrote a column discussing how Democratic leaders, including Vice President Joe Biden, have argued against continuing the investigation by U.S. Attorney John Durham despite growing evidence of misconduct by Justice Department officials and now the first guilty plea by former FBI lawyer Kevin Clinesmith. Now, Andrew Weissmann, one of the top prosecutors with Special Counsel Robert Mueller, has derided the Clinesmith plea while actually calling on Justice Department attorneys to refuse to help on ongoing investigations that could implicate aspects of his own prior work.
I was among those who expressed concern when Mueller selected Weissmann due to his history of controversial prosecutorial decisions, including a pattern of prosecutorial overreach in the Enron litigation.
Weissmann’s recent statements (made before the release of his new book on the Russian investigation) have only served to reaffirm those concerns.
Recently, Weissmann wrote an extraordinary and disturbing New York Times op-ed (with former Defense Department special counsel Ryan Goodman). In the column, he appeared to call on Justice Department lawyers to undermine the Durham investigation as well as the investigation by U.S. Attorney John Bash’s investigation into the “unmasking” requests by Obama administration officials. They wrote “Justice Department employees in meeting their ethical and legal obligations, should be well advised not to participate in any such effort.”
Consider that line for a moment. Weissmann is openly calling on attorneys to refuse to help on investigations that could raise questions about his own decisions. Durham is looking at a pattern errors, false statements, bias, and now criminal conduct in the Russian investigation. There is obviously overlap with the Mueller investigation which discussed many of the same underlying documents and relied on work by some of the same individuals. The failure to address misconduct, bias, or criminal conduct by such individuals would be embarrassing to both Weissmann and Mueller. Despite that obvious conflict of interest, Weissmann is calling on attorneys to stand down.
It is the same troubling position that was once taken by Sally Yates, who told an entire federal agency not to assist the President in his travel ban.
After Weissmann called on Justice Department attorneys not to assist investigations by the Justice Department, Durham disclosed that the first guilty plea would be entered by Clinesmith. That would ordinarily cause embarrassment for someone who was calling for DOJ lawyers to effectively hinder the investigation. Not Weissmann. He has now attacked the criminal plea.
Weissmann mocked Attorney General Bill Barr to explain the difference between the Flynn plea and the Clinesmith plea.
Weissmann tweeted:
“Question for Barr: how are Flynn’s confessed lies to the FBI (repeated to the VP) not a crime, but Clinesmith changing an email (the full version of which he also sent to DOJ) is?
Clinesmith is charged with adding the words ‘not a source’ to an email about Carter Page, but no where does the charge say that is false, i.e. that Page was a source for the CIA. Without that, how is the addition ‘materially’ false?”
Here is Durham theory: even though Clinesmith gave the complete and accurate email to DOJ to use in the Page FISA, when asked by an FBI agent if the CIA had represented IN WRITING that Page was not a source, Clinesmith said yes, when CIA had not said so explicitly in writing. no where is it alleged that Page was in fact a CIA source or, if so, that Clinesmith knew that. How is any of this false or material to the Page FISA, using Barr’s new Flynn materiality standard. It’s not. Two systems of justice at play.”
“Clear from Durham charge that the FBI supervisor wanted to know if CIA confirmed “in writing” that Page was not a source because of distrust of CIA — but whether in writing or not, no allegation that Clinesmith lied about the fact Page was not a source. That’s a federal crime?”
The tweets reveal more about Weissmann than Clinesmith or this guilty plea.
read more here: https://jonathanturley.org/2020/08/16/mueller-aide-weissmann-calls-on-doj-attorneys-not-to-help-on-investigations/
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