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(THREAD) The Whitaker scandal is deepening, as it becomes clear that Sessions' Russia recusal was a coordinated sham and his firing an act of obstruction—and that his replacement is a White House plant inside the Mueller probe. I hope you'll retweet and read on for more details.

 1/ From 2014-17 Whitaker worked for World Patent Marketing—which during his tenure defrauded consumers out of $26 million and was successfully prosecuted by the feds. His involvement in the scam confirmed he had loose morals and that the feds would never want to employ him again.
2/ Despite the seeming impossibility of a man with Whitaker's background getting a job at Justice ever again—he'd been found to have used his former title as a US attorney to fraudulently threaten consumers with valid complaints with criminal penalties—Whitaker found an opening.
3/ Within 60 days of parachuting out of World Patent Marketing as it was being fined $26 million by the feds, Whitaker was working for CNN and telling a fellow attorney panelist that his purpose in working for CNN was to get noticed by one man—Donald Trump—and thereby get a job.
4/ Whitaker spent his time at CNN making ludicrous statements about the Mueller probe: there was no obstruction or collusion, he said; Mueller had no authority to look into any aspect of Trump's finances or to subpoena him, he said. All the while, he hoped Trump was watching him.
5/ Trump was indeed watching. And Whitaker helped him solve a problem: AG Jeff Sessions' Russia recusal. With Sessions recused, Trump wasn't able to get any intel about what was happening inside the probe, and he desperately wanted that intel. Rosenstein wouldn't give it to him.
6/ So Matt Whitaker—who had no business *ever* being hired by the feds again; who'd proven himself willing to *violate the law*; who'd taken firm positions on the Mueller probe *expressly* to please Trump as he watched Whitaker on TV—was quickly made Sessions' new Chief of Staff.
7/ What happened next was just what you'd expect: Whitaker began reporting privately to the White House—going there at least 12 times to meet Trump, per media reports—and during those trips discussing Mueller's probe. It's unthinkable that Sessions didn't know this was happening.
8/ Remember, Sessions has criminal liability in the Russia case—he met secretly with the Russians to negotiate sanctions and discuss the presidential campaign and perjured himself multiple times to Congress. Though recused, he has a vested interest in Trump getting off scot-free.
9/ While meetings between AG Sessions—who was receiving briefings from the head of the Mueller probe, Rod Rosenstein—and Trump would have drawn a lot of attention, Whitaker could meet with the president without nearly as much attention being brought to their clandestine liaisons.
10/ I use the phrase "clandestine liaisons" advisedly—not for the sake of empty drama. Trump's Chief of Staff, John Kelly, privately called Whitaker Trump's "eyes and ears" at Justice, and media reports confirm he was *specifically* prone to discuss the Mueller probe with Trump.
11/ Any secret Whitaker-Trump discussion of Mueller probe was inappropriate—Trump knew it, Sessions knew it, Kelly knew it, and Whitaker knew it. But Whitaker had been selected *because* his history showed he was willing to break rules—and he was perpetually thankful for his job.
12/ Whitaker had therefore been far more helpful to Trump than the recused Sessions, and far more helpful than Rod Rosenstein—who'd refused to pass the intel to Trump about the Mueller probe that Trump wanted. So as ballots were still being counted from the midterm elections...
13/ ...Trump fired AG Sessions, refused to elevate Deputy AG Rosenstein to Sessions' position—as the statutory DOJ order of succession required—and installed his spy Whitaker as AG. He then *lied to America* about whether he'd ever met with Whitaker, saying he "didn't know him."
14/ Meanwhile, over at DOJ, Whitaker was telling friends that he'd *never* recuse himself from overseeing the Mueller probe. This despite his public statements on the probe, which included a detailed plan for a (then-hypothetical) AG decimating the probe by starving it of funds.
15/ Moreover, because Sessions' firing—obscured by Trump forcing Sessions to write a "letter of resignation," then confirmed by Kelly ordering Sessions out of DOJ 3 days before Sessions wanted—was obstruction, and will likely be looked into by Mueller, Whitaker's now a *witness*.
16/ The upshot: legal scholars say Trump's installment of Whitaker as AG violated both the Constitution and statute; Trump has lied repeatedly about his relationship with Whitaker; Republicans refuse to put Whitaker under oath about his intentions; Whitaker is a Mueller witness.
17/ Whitaker's statements on Mueller and his probe, coupled with him being a Mueller witness in a future obstruction case over Sessions' firing—added to the fact that Whitaker was campaign manager for Trump's 2016 National Co-Chair Sam Clovis—render him *historically* conflicted.
18/ On these facts, any investigator's theory of the case would be that Sessions, himself implicated in the Russia probe, allowed his Chief of Staff to be used by Trump as a recusal end-around—a spy—at Justice, and that Whitaker was then rewarded with an illegal elevation to AG.
19/ The Whitaker-Trump plot to destroy Mueller's probe is clear: have AG Whitaker block indictments—he can—foreclose new avenues of investigation, and starve Mueller of funds. And why did Trump move so fast to install him? Because reports say *Trump Jr. is about to be indicted*.
20/ The Whitaker Scandal is as big as Watergate, even as it arises within a Trump-Russia plot 10 times larger/more criminal than Nixon's. And America must wait *2 months* to see Congress do anything about it. The damage Trump and Whitaker can do in that time is incalculable. /end
PS/ Urgent action *is* being taken: Coons (Senate)/Nadler (House) are moving to pass a bill protecting Mueller ASAP; the new House plans to call Whitaker to testify; 1000 protests happened nationwide yesterday; 18 state AGs published a protest letter. But 2 months is a long time.
NOTE/ None of the actions now being taken directly addresses the danger of Whitaker using his power to destroy Mueller's probe without firing him. What's needed is a federal injunction—sought by Mueller or the new House—against Whitaker's installation as AG or his upcoming moves.
UPDATE/ We now know 2 things: 1) Trump discussed events at DOJ with Whitaker—including Russia—12 times; 2) in October Trump discussed with Whitaker (h/t to DM for link) whether he wanted to be the new AG. How much do you want to bet these events coincided? https://t.co/5hmABFQ5G1
UPDATE2/ If you're Mueller—and you're investigating Sessions' firing as Obstruction—*the first witness you want to speak to* is Matt Whitaker, to find out what he discussed with (or promised to) Trump about the Russia probe before replacing the AG. Whitaker *must* recuse himself.

More from Seth Abramson

Seth Abramson
Seth Abramson
@SethAbramson
(EXCERPT) PROOF OF COLLUSION drops in 3 weeks. Here's the second set of excerpts from this 450-page, 1,650-endnote book. 4 more excerpts will be released each Monday until the book's November 13 release. I hope you'll RETWEET and consider preordering here: https://t.co/z0ep5wUW9h


2/ For those who missed the first set of excerpts from PROOF OF COLLUSION, they can be seen in the tweet below—click on the link to see the tweet. For the link to preorder PROOF OF COLLUSION, see my currently pinned tweet or the link in my Twitter profile.


PS/ To see a larger, more readily readable version of any of these excerpts, right-click and download the picture to your desktop. Then open the file and it will be much larger and easier to read.

BONUS FACT/ In the last excerpt, I refer to "any aide with whom Trump shared the classified intelligence he received in the [August 17, 2016] briefing." Well you might wonder—who did he share it with? Answer: we don't know.

But we DO know who was WITH HIM at the briefing: FLYNN.

BONUS FACT 2/ According to Mother Jones and Washington Post reporting, then, we know Flynn attended the August 17, 2016 briefing at which Trump was informed of Russian aggression, and THEREAFTER—but BEFORE the election—engaged in clandestine contacts with the Russian ambassador.
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Seth Abramson
Seth Abramson
@SethAbramson
It's official: US media has permitted Republicans to establish the meaning of "corroborating evidence" to include *only* eyewitness testimony or a confession—a definition "corroborating evidence" has never had in the history of the American criminal justice system. Thanks, media.

2/ Mind you, we have two *direct* (sworn) eyewitnesses to Kavanaugh committing multiple sexual assaults: Swetnick and Accuser #4, whose affidavits corroborate one another. But we also have multiple *contemporaneous disclosures* (as close to an eyewitness as it gets) for Ramirez.

3/ We also have 10 prior disclosures for Dr. Ford, all preceding Kavanaugh being nominated. This too is a form of corroborating evidence. And the testimonial evidence establishing that Kavanaugh lied under oath is now... legion. At least six to ten witnesses. Where was the media?

4/ To attorneys, the "no corroboration" claim is a *farce*. But it's been allowed to stand by the media because apparently there were too few analysts out there given the time or space to discuss what "corroboration" means in the US legal system. So we get a travesty of justice.
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Seth Abramson
Seth Abramson
@SethAbramson
MAJOR BREAKING NEWS: Donald Trump Is Now Privately Confirming His Support of a Summer Coup of the Biden Administration; If the Former President Has Engaged in Even a Single Act to Advance This Treacherous Plot He is Guilty of Seditious Conspiracy and Must Be Arrested Immediately


1/ Journalists need to be very careful in how they discuss this breaking news. Individuals who have provided cover for Trump repeatedly in the past—like Maggie Haberman—are reporting evidence of a possible seditious conspiracy as mere loose talk from an addled man. Sorry, but no.

2/ There are efforts afoot now in GA, AZ, NV, and WI to delegitimize Biden's victories there. Meanwhile, Trump advisors Flynn and Powell are saying that once those victories are delegitimized, the military should move in. If Trump is in on the conversations, it's a coup attempt.

3/ As anyone who has ever read a book or watched a movie or taken a history course knows, the most important element of a coup is the agreement of the individual who'll be installed as a nation's new president to participate in the installation. Without that there can be no coup.

4/ What Trump is privately doing, according to the NYT, is the *opposite* of what Lyndon Johnson famously did in saying that even if nominated he wouldn't run for president. Trump is telling the coup conspirators that he *will accept a re-installation* if they can make it happen.
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Seth Abramson
Seth Abramson
@SethAbramson
Either John Roberts is in the majority on the MS abortion case and passed over Clarence Thomas to assign the opinion to Alito, or Thomas is the senior Justice in the majority and chose not to assign the opinion to himself.

Either way, there’s a story here media must investigate.


My two preliminary thoughts:

(1) Thomas understands there’s heat on him and his wife over January 6, and moreover is in a position to know if that heat is *justified*. That in this context he passed up the chance to write the most important opinion of his life is *very* telling.

(2) There’s reasoned speculation from a Yale prof who was a former SCOTUS clerk—see link in my feed—that this opinion was leaked by a conservative clerk (with Thomas’s clerks the top suspects) to strongarm either Kavanaugh or Gorsuch into joining an opinion they were wavering on.

Remember that “Thomas Clerk World”—the private listserv for Thomas clerks past and present *and* insurrectionist Ginni Thomas—has been under scrutiny over January 6. These are the most radical clerks in America. *If* there was a far-right leak, they would be the leading suspects.

In fact, John Roberts’ investigation might well think to *start* with “Thomas Clerk World,” as it’s the one known digital venue for the sharing of information where Supreme Court clerks interact with insurrectionists who we *know* do not believe in rule of law: like Ginni Thomas.
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Seth Abramson
Seth Abramson
@SethAbramson
The Pardon Clause prohibits using the pardon power to obstruct impeachments. Trump repeatedly opined—rightly—that Mueller's probe could lead to a referral for possible impeachment (which it did). The pardons he just gave are the ones he dangled to obstruct Mueller. See the issue?

Those who say the pardon power is unreviewable aren't just wrong, they *know* they're wrong. The Pardon Clause makes explicit that Congress has standing and a cause of action if the power is used to obstruct an impeachment. So the power is definitionally reviewable by the courts.

Moreover, if the grant of a pardon is itself a high crime or misdemeanor, it creates an irresolvable conflict between the Impeachment Clause and the Pardon Clause that only a federal court can resolve—making a pardon reviewable in that scenario too. That's the situation we're in.

Moreover, if a pardon constituting an abuse of power is issued so late in a presidential term it can't be remedied via the normal means—impeachment—it becomes impermissibly non-justiciable, and thus immediately reviewable by a court. That also happens to be the current situation.

Moreover, if a pardon constitutes the actus reus in an ongoing crime, the pardon itself can't pardon the ongoing crime—and therefore becomes legally inert and inoperative, as the pardoned party can still be prosecuted. That also happens to be the situation we're in right now.
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2) At this point, if you are a young and ambitious Tory MP it is now so overwhelmingly in your interest to vote against the withdrawal agreement. V v hard to see how Julian Smith can cap rebellion at under 100:

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Our pretensions to civilization have become very thin. Political violence was legitimized last year and is spreading wildly now. "Might makes right" is clearly the only "principle" behind freedom of speech. That's why Chinese Communists will never be censored by Big Tech.

When every "principle" becomes nothing but a ruthless exercise of power, it's not surprising that a growing number of people conclude they must demonstrate some sort of power in order to be taken seriously. Violence is the crudest exercise of power.

A well-run civilization makes it clear *universally* that violence is absolutely unacceptable. Giving free passes for irresponsible rhetoric and destruction to groups favored by the dominant political ideology of the State undermines that message.

We must also people peaceable means of expressing themselves and controlling their own lives, to relieve the pressures that can lead to violent outbursts and other forms of lawlessness. The less healthy discourse and freedom of action you have, the more pressure builds up.

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Palmer Report
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That new attack piece about Seth Abramson is full of easily debunked false claims. Whenever the mainstream media gets annoyed at an indie pundit like Seth, it just publishes a bunch of bullshit about him, and most people mistakenly believe it. They've done the same thing to me.

The sad part is that when the author of that piece tried to smear a bunch of mainstream media journalists for daring to compare notes with him, they all responded by lying and said they've never compared notes with him. Even though Abramson has proof that they have.

This is the EXACT same strategy that certain mainstream media outlets used against me in 2017-2018. First they lied about me. Then they attacked my mainstream media associates for associating with a "fake news" pundit like me. Then some in the media felt compelled to disown me.

Sadly, it didn't matter that I had overwhelming proof that everything said about me in those attack pieces was false. When you defend yourself, no matter how factually, the average observer merely decides you're being "defensive" and therefore guilty as charged.

Ask yourself why the mainstream media is choosing now to dishonestly attack Abramson. The media's ratings are way down now that Trump is gone. Abramson presumably still has his entire niche audience intact. So the media gets jealous and takes it out on him.
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Trump has only been out of office and, therefore, no longer (purportedly) immunized from criminal prosecution for ~1 month. Also, because of R delay, Garland is still awaiting confirmation. Once Garland is AG, expect a thorough



2. investigation of Trump for inciting insurrection in violation of 18 U.S.C. 2383, together with other federal crimes. Once that investigation is completed, based on the information that is currently public, there is a good chance that Trump will be prosecuted for violating

3. 18 U.S.C. 2383, together with other federal crimes. Not absolutely guaranteed. But a very good chance. The only element of inciting insurrection that is open to credible dispute is Trump’s intent. Is there sufficient evidence that he intended his speech to incite imminent

4. lawlessness? As you know (or should know), criminal intent is invariably established by circumstantial evidence. That means prosecutors must analyze everything Trump did and said (and didn't do or say) before, during and after his incendiary speech.

5. That investigation takes time. Sometimes a lot of time to empanel a grand jury and begin issuing subpoenas and seeking warrants. The fact that Trump's previous crimes, including the 10 felonies outlined in Vol. II of Mueller's report, haven't been prosecuted is irrelevant.
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