The end of privacy in this reign of lunacy 145

In totalitarian style, the notorious liar and Trump-persecutor Rep. Adam Schiff …

… secretly subpoenaed the phone records of a number of private citizens from telephone companies. He did not provide notice to these individuals in advance that their phone records were being sought. He did not subpoena the phone records directly from the citizens. Instead, he subpoenaed the phone companies for the records, preventing any opportunity for the private citizens to seek court review, as would happen in any other case in where the government is seeking this kind of information about any citizen.

Judicial Watch brought the case for the victims to the U.S. Court of Appeals for the District of Columbia Circuit.

In response to a House attorney’s argument that the materials be kept secret to protect the privacy of the targets of the subpoenas, one of the appellate judges remarked:

Well, I do think it’s, if not ironic, noteworthy that one of the interests you’ve just put forward is the invasion of privacy when the whole claim of Judicial Watch is that this Committee invaded the privacy of private citizens in the first place.

“The Pelosi/Schiff House asserts it has an unlimited government surveillance power and an unlimited ability to invade the privacy of any American with zero accountability and transparency,” said Judicial Watch President Tom Fitton. “The courts should reject Adam Schiff and Nancy Pelosi’s corrupt cover-up of the unconstitutional subpoenas that abused the civil rights of then-President Trump, Rudy Giuliani, journalists and other American citizens.”

Among the other phone records subpoenaed were those of Congressman Devin Nunes, journalist John Solomon, Trump attorney Jay Sekulow, and attorney Victoria Toensing.

The biggest political scandal in American history 236

Why did Obama corruptly put the full power of his administration – his State Department, his Department of Justice, the intelligence services – behind the Clintons’ drive to get $145 billion (plus a few hundred thousand and a few pennies more) into their “Clinton Foundation” gofundme hoarde, by selling one fifth of US uranium to Russia?

What the heck did Obama gain by it?

And why, knowing how deeply guilty their president and secretary of state were of colluding with the Russian regime, did the Democratic Party launch a formal investigation into whether Donald Trump had colluded with the Russians, knowing full well he had not – though going to great lengths to fabricate some flimsy “evidence” that he had – when such an investigation was bound to turn up their own filthy racket? Stupidity? Obviously. Panic for cover-up? Certainly. Whopping chutzpah? That too.

Of course they never expected they’d have to take action to conceal the treasonous racket , because they were so sure that Hillary Clinton, for whom the foul plot was woven, would be president.

Oh, what a shock it was, and what agonizing fear gripped them when she lost the election!

Perhaps they imagined that if the people doing the investigation into the non-existent Trunp “collusion” were party to their own collusion, their secrets would be kept safe, the false case against Donald Trump brilliantly concocted without anyone suspecting that the real collusion had happened under the Obama presidency. As we said, stupid!

Andrew McCarthy writes at the National Review:

The Uranium One scandal is not only, or even principally, a Clinton scandal. It is an Obama-administration scandal. The Clintons were just doing what the Clintons do: cashing in on their “public service”. The Obama administration, with Secretary Clinton at the forefront but hardly alone, was knowingly compromising American national-security interests. The administration green-lighted the transfer of control over one-fifth of American uranium-mining capacity to Russia, a hostile regime — and specifically to Russia’s state-controlled nuclear-energy conglomerate, Rosatom. …

At the time the administration approved the transfer, it knew that Rosatom’s American subsidiary was engaged in a lucrative racketeering enterprise that had already committed felony extortion, fraud, and money-laundering offenses.

The Obama administration also knew that congressional Republicans were trying to stop the transfer. Consequently, the Justice Department concealed what it knew. DOJ allowed the racketeering enterprise to continue compromising the American uranium industry rather than commencing a prosecution that would have scotched the transfer. Prosecutors waited four years before quietly pleading the case out for a song, in violation of Justice Department charging guidelines. Meanwhile, the administration stonewalled Congress, reportedly threatening an informant who wanted to go public.  …

Naïvely viewing Russia as a “strategic partner” rather than a malevolent competitor, the Bush administration made a nuclear-cooperation agreement with the Kremlin in May 2008. …

Then Russia invaded Georgia.

 In 2009, notwithstanding this aggression (which continues to this day with Russia’s occupation of Abkhazia and South Ossetia), President Obama and Secretary of State Clinton signaled the new administration’s determination to “reset” relations with Moscow.

In this reset, renewed cooperation and commerce in nuclear energy would be central. There had been such cooperation and commerce since the Soviet Union imploded. In 1992, the administration of President George H. W. Bush agreed with the nascent Russian federation that U.S. nuclear providers would be permitted to purchase uranium from Russia’s disassembled nuclear warheads (after it had been down-blended from its highly enriched weapons-grade level).

The Russian commercial agent responsible for the sale and transportation of this uranium to the U.S. is the Kremlin-controlled company “Tenex” (formally, JSC Techsnabexport). Tenex is a subsidiary of Rosatom. Tenex (and by extension, Rosatom) have an American arm called “Tenam USA.” Tenam is based in Bethesda, Md. Around the time President Obama came to power, the Russian official in charge of Tenam was Vadim Mikerin.

The Obama administration reportedly issued a visa for Mikerin in 2010, but a racketeering investigation led by the FBI determined that he was already operating here in 2009. The Racketeering Scheme As Tenam’s general director, Mikerin was responsible for arranging and managing Rosatom/Tenex’s contracts with American uranium purchasers. This gave him tremendous leverage over the U.S. companies. With the assistance of several confederates, Mikerin used this leverage to extort and defraud the U.S. contractors into paying inflated prices for uranium. They then laundered the proceeds through shell companies and secret bank accounts in Latvia, Cyprus, Switzerland, and the Seychelle Islands — though sometimes transactions were handled in cash, with the skim divided into envelopes stuffed with thousands of dollars in cash.

The inflated payments served two purposes: They enriched Kremlin-connected energy officials in the U.S. and in Russia to the tune of millions of dollars; and they compromised the American companies that paid the bribes, rendering players in U.S. nuclear energy — a sector critical to national security — vulnerable to blackmail by Moscow. 

But Mikerin had a problem. To further the Kremlin’s push for nuclear-energy expansion, he had been seeking to retain a lobbyist — from whom he planned to extort kickbacks, just as he did with the U.S. energy companies. With the help of an associate connected to Russian organized-crime groups, Mikerin found his lobbyist. The man’s name has not been disclosed, but we know he is now represented by Victoria Toensing, a well-respected Washington lawyer, formerly a federal prosecutor and counsel to the Senate Intelligence Committee. When Mikerin solicited him in 2009, the lobbyist was uncomfortable, worried that the proposal would land him on the wrong side of the law. So he contacted the FBI and revealed what he knew. From then on, the Bureau and Justice Department permitted him to participate in the Russian racketeering scheme as a “confidential source” — and he is thus known as “CS-1” in affidavits the government, years later, presented to federal court in order to obtain search and arrest warrants.

At the time this unidentified man became an informant, the FBI was led by director Robert Mueller, who is now the special counsel investigating whether Trump colluded with Russia.

The investigation was centered in Maryland (Tenam’s home base). There, the U.S. attorney was Obama appointee Rod Rosenstein — now President Trump’s deputy attorney general, and the man who appointed Mueller as special counsel to investigate Trump.

Because of CS-1, the FBI was able to understand and monitor the racketeering enterprise almost from the start. By mid-May 2010, it could already prove the scheme and three separate extortionate payments Mikerin had squeezed out of the informant. Equally important: According to reporting by John Solomon and Alison Spann in the Hill, the informant learned through conversations with Mikerin and others that Russian nuclear officials were trying to ingratiate themselves with the Clintons. 

There is no doubt that this extraordinarily gainful ingratiation took place. …

In 2005, former President Clinton helped his Canadian billionaire friend and benefactor, Frank Giustra, obtain coveted uranium-mining rights from Kazakhstan’s dictator. The Kazakh deal enabled Giustra’s company (Ur-Asia Energy) to merge into Uranium One (a South African company), a $3.5 billion windfall.

Giustra and his partners thereafter contributed tens of millions of dollars to the Clinton Foundation.

Besides the valuable Kazakh reserves, Uranium One also controlled about a fifth of the uranium stock in the United States.

Alas, Putin, the neighborhood bully, also wanted the Kazakh uranium. He leaned on Kazakhstan’s dictator, who promptly arrested the official responsible for selling the uranium-mining rights to Giustra’s company. This put Uranium One’s stake in jeopardy of being seized by the Kazakh government.

As Uranium One’s stock plunged, its panicked executives turned to the State Department, where their friend Hillary Clinton was now in charge. State sprung into action, convening emergency meetings with the Kazakh regime. A few days later, it was announced that the crisis was resolved (translation: the shakedown was complete). Russia’s energy giant, Rosatom, would purchase 17 percent of Uranium One, and the Kazakh threat would disappear — and with it, the threat to the value of the Clinton donors’ holdings.

For Putin, though, that was just a start. He didn’t want a minority stake in Uranium One, he wanted control of the uranium. For that, Rosatom would need a controlling interest in Uranium One. That would be a tall order — not because of the Kazakh mining rights but because acquisition of Uranium One’s American reserves required U.S. government approval. Uranium is foundational to nuclear power and thus to American national security.

A foreign entity would not be able to acquire rights to American uranium without the approval of the Committee on Foreign Investment [CFIUS] in the United States.

CFIUS is composed of the leaders of 14 U.S. government agencies involved in national security and commerce. In 2010, these included not only Secretary of State Hillary Clinton … but Attorney General Eric Holder, whose Justice Department (and its lead agency, the FBI) were conducting the investigation of Rosatom’s ongoing U.S. racketeering, extortion, and money-laundering scheme.

In March 2010, to push the Obama “reset” agenda, Secretary Clinton traveled to Russia, where she met with Putin and Dimitri Medvedev, who was then keeping the president’s chair warm for Putin. Soon after, it emerged that Renaissance Capital, a regime-tied Russian bank, had offered Bill Clinton $500,000 to make a single speech — far more than the former president’s usual haul in what would become one of his biggest paydays ever. Renaissance was an aggressive promoter of Rosatom. ...

The exorbitant speech fee … is a pittance compared with the $145 million … donated to the Clinton Foundation by sources linked to the Uranium One deal.

[Obama] met  with Putin and Medvedev. You’ll be comforted, I’m sure, to learn that aides to the Clintons, those pillars of integrity, assure us that the topics of Rosatom and Uranium One never came up.

Meanwhile, congressional opposition to Russia’s potential acquisition of American uranium resources began to stir.

As Peter Schweizer noted in his essential book, Clinton Cash: The Untold Story of How and Why Foreign Governments and Businesses Helped Make Bill and Hillary Rich, four senior House members steeped in national-security issues — Peter King (R., N.Y.), Ileana Ros-Lehtinen (R., Fla.), Spencer Bachus (R., Ala.), and Howard McKeon (R. Calif.) — voiced grave concerns, pointing out that Rosatom had helped Iran, America’s sworn enemy, build its Bushehr nuclear reactor. The members concluded that “the take-over of essential US nuclear resources by a government-owned Russian agency . . . would not advance the national security interests of the United States.” Republican senator John Barrasso objected to Kremlin control of uranium assets in his state of Wyoming, warning of Russia’s “disturbing record of supporting nuclear programs in countries that are openly hostile to the United States, specifically Iran and Venezuela”.

The House began moving a bill “expressing disfavor of the Congress” regarding Obama’s revival of the nuclear-cooperation agreement Bush had abandoned. Clearly, in this atmosphere, disclosure of the racketeering enterprise that Rosatom’s American subsidiary was, at that very moment, carrying out would have been the death knell of the asset transfer to Russia. It would also likely have ended the “reset” initiative in which Obama and Clinton were deeply invested — an agenda that contemplated Kremlin-friendly deals on nuclear-arms control and accommodation of the nuclear program of Russia’s ally, Iran.

So is the answer to “what was in it for Obama?” that he wanted friendly deals on nuclear arms control?

Obama wanted that? We don’t buy it.

But “accommodation of the nuclear program of Russia’s ally, Iran”? Now that is a possibility.

That was not going to be allowed to happen.

It appears that no disclosure of Russia’s racketeering and strong-arming was made to CFIUS or to Congress — not by Secretary Clinton, not by Attorney General Holder, and certainly not by President Obama.

In October 2010, CFIUS gave its blessing to Rosatom’s acquisition of Uranium One.

Even though the FBI had an informant collecting damning information, and had a prosecutable case against Mikerin by early 2010, the extortion racket against American energy companies was permitted to continue into the summer of 2014  … [after] Russia annexed Crimea. …

Furthermore –

The prosecution of Mikerin’s racketeering scheme had been so delayed that the Justice Department risked losing the ability to charge the 2009 felonies because of the five-year statute of limitations on most federal crimes.

Still, a lid needed to be kept on the case.

It would have made for an epic Obama administration scandal, and a body blow to Hillary Clinton’s presidential hopes, if in the midst of Russia’s 2014 aggression, public attention had been drawn to the failure, four years earlier, to prosecute a national-security case in order to protect Russia’s takeover of U.S. nuclear assets.

The Obama administration needed to make this case go away — without a public trial if at all possible. …

The Justice Department and FBI had little to say when Mikerin and his co-conspirators were arrested [for extortion, fraud, and money laundering]. They quietly negotiated guilty pleas that were announced with no fanfare just before Labor Day. It was arranged that Mikerin would be sentenced just before Christmas. All under the radar. How desperate was the Obama Justice Department to plead the case out? Here, Rosenstein and Holder will have some explaining to do.

Mikerin … was permitted to plead guilty to a single count of money-laundering conspiracy. …  Under federal law, that crime (at section 1956 of the penal code) carries a penalty of up to 20 years’ imprisonment — not only for conspiracy but for each act of money laundering. But Mikerin was not made to plead guilty to this charge. He was permitted to plead guilty to an offense charged under the catch-all federal conspiracy provision (section 371) that criminalizes agreements to commit any crime against the United States. Section 371 prescribes a sentence of zero to five years’ imprisonment.

The Justice Department instructs prosecutors that when Congress has given a federal offense its own conspiracy provision with a heightened punishment (as it has for money laundering, racketeering, narcotics trafficking, and other serious crimes), they may not charge a section 371 conspiracy. Section 371 is for less serious conspiracy cases. Using it for money laundering — which caps the sentence way below Congress’s intent for that behavior — subverts federal law and signals to the court that the prosecutor does not regard the offense as major. Yet, that is exactly what Rosenstein’s office did, in a plea agreement his prosecutors co-signed with attorneys from the Justice Department’s Fraud Section.  No RICO, no extortion, no fraud — and the plea agreement is careful not to mention any of the extortions in 2009 and 2010, before CFIUS approved Rosatom’s acquisition of U.S. uranium stock. Mikerin just had to plead guilty to a nominal “money laundering” conspiracy charge. This insulated him from a real money-laundering sentence. Thus, he got a term of just four years’ incarceration for a major national-security crime — which, of course, is why he took the plea deal and waived his right to appeal, sparing the Obama administration a full public airing of the facts.

Interestingly, as the plea agreement shows, the Obama DOJ’s Fraud Section was then run by Andrew Weissmann, who is now one of the top prosecutors in Robert Mueller’s ongoing special-counsel investigation of suspected Trump collusion with Russia.

There was still one other problem to tamp down. That was the informant — the lobbyist who alerted the FBI to the Russian racketeering enterprise back in 2009. He wanted to talk. Specifically, as his attorney, Ms. Toensing, explains, the informant wanted to tell Congress what he knows — about what the FBI and the Justice Department could already have proved in 2010 when CFIUS signed off on Russia’s acquisition of American nuclear material, and about what he’d learned of Russian efforts to curry favor with Bill and Hillary Clinton. But he was not allowed to talk. It turns out, the lawyer explains, that the FBI had induced him to sign a non-disclosure agreement. The Justice Department warned him that it was enforceable — even against disclosures to Congress.  …

In addition, when the informant was primed to file a federal civil lawsuit to recover his own losses from the scheme, he claims that the Justice Department threatened him with prosecution, warning that a lawsuit would violate the non-disclosure agreement. The Hill reports that it has obtained emails from a civil lawyer retained by the witness, which describe pressure exerted by the Justice Department to silence the informant. What a coincidence: That was in 2016, the stretch run of Hillary Clinton’s presidential campaign.

This stinks.

Will Attorney-General sessions nullify the non-disclosure agreement – which he could simply do? We wait to see.

Lou Dobbs of Fox Business News has said that this might turn out to be “The biggest political scandal in American history”.

When will the culprits be brought to trial?

Those of them engaged on the phony investigation into the “Trump-Russia collusion” need to be stopped now. Shades of the prison house are falling upon them.

And on the Clintons? And Eric Holder? And Barack Obama?

Will justice be done and be seen to be done?