LinkSwarm for May 22, 2020

The Wuhan coronavirus, and China, and deep state shenanigans, oh my! But first a PSA for Texas shoppers:

  • There’s an an “Energy Star” sales tax holiday in Texas Memorial Day weekend. Products you can buy tax free this weekend include:
    • Air conditioners (priced $6,000 or less)
    • Refrigerators (priced $2,000 or less)
    • Ceiling fans
    • Incandescent and fluorescent light bulbs
    • Washers
    • Dishwashers
    • Dehumidifiers

    Why water heaters, dryers and freezers aren’t eligible I couldn’t tell you, but if you needed to get any covered appliances, this weekend is a good time.

  • When was Michael Flynn unmasked? Wrong question. What if he was never masked in the first place?

    There is no such evidence in the unmasking list that acting national intelligence director Richard Grenell provided to Senators Chuck Grassley (R., Iowa) and Ron Johnson (R., Wis.). I suspect that’s because General Flynn’s identity was not “masked” in the first place. Instead, his December 29 call with Kislyak was likely intercepted under an intelligence program not subject to the masking rules, probably by the CIA or a friendly foreign spy service acting in a nod-and-wink arrangement with our intelligence community.

    “Unmasking” is a term of art for revealing in classified reports the names of Americans who have been “incidentally” monitored by our intelligence agencies. Presumptively, the names of Americans should be concealed in these reports, which reflect the surveillance of foreign targets, primarily under the Foreign Intelligence Surveillance Act. Broadly speaking, FISA governs two kinds of intelligence collection.

    The first is “traditional” FISA — the targeted monitoring of a suspected clandestine operative of a foreign power. If the FBI shows the Foreign Intelligence Surveillance Court (FISC) probable cause that a person inside the United States is acting as a foreign power’s agent, it may obtain a warrant to surveil that person. If the foreign power’s suspected agent communicates with Americans, the latter are incidentally intercepted even though they are not the targets of the surveillance.

    The second kind of FISA collection occurs under Section 702 of the statute. It brings under FISC jurisdiction various intelligence-collection programs that target categories of non-Americans outside the United States. These foreigners also communicate with Americans, so the latter are incidentally intercepted.

    Under federal law, both kinds of FISA collection are subject to so-called minimization procedures. These aim to safeguard the privacy of Americans who have been incidentally monitored. When raw intelligence is refined into intelligence reports (including transcripts of recorded conversations) that are disseminated to U.S. officials, the identities of these Americans do not appear. Rather, a designation such as “U.S. Person” is substituted — the “mask,” as it were.

    If, upon reviewing intel reports, an official with national-security or foreign-relations responsibilities believes that the reporting is critical, and that the identity of the U.S. person must be known in order for our government to reap the full benefit of the intelligence, then that official may request unmasking. Decisions on such requests are made by specialists assigned to the agency that reported the intelligence in question — usually the FBI or the NSA for intelligence collected, respectively, inside or outside the United States. Our intelligence agencies, led by the Office of the Director of National Intelligence (ODNI), keep records of these requests. This underscores that unmasking — because of its privacy implications, because foreign intelligence must never be a pretext for government spying on Americans — is a big deal that should be done only rarely and carefully.

    With that as background, let’s get back to Flynn.

    For three years, we’ve been led to believe that Flynn’s December 29 conversation with Kislyak was intercepted because the latter was “routinely” monitored. (Kislyak was replaced as ambassador in 2017.) That is, Kislyak was an overt agent of Russia, stationed at its embassy in Washington, so the FBI kept tabs on him. Indeed, the “routine”-surveillance story line was repeated by the New York Times just this week.

    The implication is that Kislyak was probably subjected to traditional FISA surveillance by the FBI; or, since he lived in Russia and traveled to other places when not in America, perhaps he was also a FISA Section 702 target. In either event (or both), Kislyak was interacting with Americans, who were thus incidentally intercepted.

    That, the story goes, is what must have happened to Flynn. Trump’s designated national security advisor was unmasked because, once intelligence agents intercepted the December 29 phone call, they decided it was essential to identify the person with whom the Russian ambassador was discussing sanctions that President Obama had just imposed against Moscow.

    I no longer buy this story. If it were true, there would be a record of Flynn’s unmasking. DNI Grenell has represented that the list he provided to Senators Grassley and Johnson includes all requested unmaskings of Flynn from November 8, 2016 (when Donald Trump was elected president) through the end of January 2017 (when the Trump administration had transitioned into power). Yet, it appears that not a single listed unmasking pertains to the December 29 Kislyak call.

    Timeline details and Strzok-Page comms snipped.

    Well, the possibility that first leaps to mind is: Maybe Flynn was a FISA surveillance target. That is, his interception was not incidental. Rather, the FBI was monitoring him under FISA because he was a suspected agent of a foreign power — the theory based on which the bureau opened their counterintelligence investigation of Flynn in August 2016. But that can’t be right. After an exhaustive investigation of the FBI’s abuse of FISA, Justice Department Inspector General Michael Horowitz concluded that there is no evidence the FBI “requested or seriously considered FISA surveillance of . . . Flynn.” (IG Report’s “Executive Summary,” p. vi.)

    It is more likely, then, that the Flynn–Kislyak call was captured by intelligence operations that are not governed by FISA.

    Snip.

    Readers of my book Ball of Collusion know I have argued that the Obama administration’s Trump–Russia probe/political-narrative long predated the FBI’s July 2016 opening of “Crossfire Hurricane.” I believe there were several strands of the Trump–Russia probe, and that they trace back to 2015, around the time of Donald Trump’s entry into the race for the Republican presidential nomination.

    The CIA played a central role. The agency collaborated — I’m tempted to say colluded! — with a variety of friendly foreign intelligence services, especially NATO countries that Trump made a habit of bashing on the campaign trail.

    Read the whole thing.

  • “How Russiagate Began With Obama’s Iran Deal Domestic Spying Campaign“:

    Barack Obama warned his successor against hiring Michael Flynn. It was Nov. 10, 2016, just two days after Donald Trump upset Hillary Clinton to become the 45th president of the United States. Trump told aide Hope Hicks that he was bewildered by the president’s warning. Of all the important things Obama could have discussed with him, the outgoing commander in chief wanted to talk about Michael Flynn.

    The question of why Obama was so focused on Flynn is especially revealing now. The Department of Justice recently filed to withdraw charges against the retired three-star general for making false statements to the FBI in a Jan. 24, 2017, interview regarding a phone call with a Russian diplomat. The circumstances surrounding the call and subsequent FBI interview have given rise to a vast conspiracy theory that was weaponized to imprison a decorated war hero and a strategic thinker whose battlefield innovations saved countless American lives. There is no evidence that Flynn “colluded” with Russia, and the evidence that Flynn did not make false statements to the FBI has been buried by the bureau, including current Director Christopher Wray.

    So if the Obama administration wasn’t alarmed by Flynn’s nonexistent ties to Russia, why was he Obama’s No. 1 target? Why were officials from the previous administration intercepting his phone calls with the Russian ambassador?

    The answer is that Obama saw Flynn as a signal threat to his legacy, which was rooted in his July 2015 nuclear agreement with Iran—the Joint Comprehensive Plan of Action (JCPOA). Flynn had said long before he signed on with the Trump campaign that it was a catastrophe to realign American interests with those of a terror state. And now that the candidate he’d advised was the new president-elect, Flynn was in a position to help undo the deal. To stop Flynn, the outgoing White House ran the same offense it used to sell the Iran deal—they smeared Flynn through the press as an agent of a foreign power, spied on him, and leaked classified intercepts of his conversations to reliable echo chamber allies.

    Again, read the whole thing. (Hat tip: Ed Driscoll at Instapundit.)

  • Matt Taibbi: “Democrats Have Abandoned Civil Liberties.” I wonder if Taibbi could pinpoint the last time Democrats actually supported civil liberties…
  • “House Dem criticizes her own party for shoving ‘wish list’ stimulus package: ‘It’s not a good look.'”

    Rep. Katie Porter, D-Calif., criticized her own party’s coronavirus legislation this week as House Speaker Nancy Pelosi, D-Calif., pressured the Republican-controlled Senate to adopt what Porter described as a Democratic “wish list.”

    “The HEROES Act is dead on arrival,” Porter said Tuesday, referring to the $3 trillion package the House passed last week as a follow-up to the CARES Act. Her comments during an online meeting hosted by the Tustin [Calif.] Democratic Club were first reported by the Washington Examiner.

    “There was no bipartisan negotiation here and no effort at bipartisan negotiation,

    Snip.

    But tucked into the legislation are provisions that rankled the Republicans, including expanding $1,200 checks to certain undocumented immigrants, restoring the full State and Local Tax Deduction (SALT) that helps individuals in high-taxed blue states, a $25 billion rescue for the U.S. Postal Service, allowing legal marijuana businesses to access banking services and early voting and vote-by-mail provisions.

    “I did find myself, Porter said, “on the House floor thinking [of] my Republican colleagues who said, ‘This bill is a Democratic wish list written by a handful of Democrats, and shoved down the throats of the rest of the Congress.’

    Restoring SALT is a giveaway to blue state billionaires. Sounds like the marijuana banking part should be passed, but there’s no reason to cram it into a coronavirus relief bill. And the early voting and vote-by-mail provisions are designed to help further voting fraud. Speaking of which:

  • A Philadelphia judge has pled guilty to helping Democrats commit voting fraud:

    A former Judge of Elections in Philadelphia, Pennsylvania, has been charged and pleaded guilty to illegally adding votes for Democrat candidates in judicial races in 2014, 2015, and 2016.

    On Thursday, the Department of Justice (DOJ) announced charges against former Judge of Elections Domenick DeMuro, 73, for stuffing the ballot box for Democrats in exchange for payment by a paid political consultant.

    The charges, and guilty plea, include conspiracy to deprive Philadelphia voters of their civil rights by fraudulently stuffing the ballot boxes for specific Democrat candidates in the 2014, 2015, and 2016 primary elections and a violation of the Travel Act.

    “The Trump administration’s prosecution of election fraud stands in stark contrast to the total failure of the Obama Justice Department to enforce these laws,” Public Interest Legal Foundation President Christian Adams said in a statement. “Right now, other federal prosecutors are aware of cases of double voting in federal elections as well as noncitizen voting. Attorney General William Barr should prompt those other offices to do their duty and prosecute known election crimes.”

    As Judge of Elections, DeMuro was paid to oversee the election process in the 39th Ward, which encompasses Philadelphia.

    DeMuro’s guilty plea states that he was paid by a political consultant to illegally add votes for particular Democrat candidates in primary judicial races. The political consultant who allegedly paid DeMuro had been hired by those Democrat candidates.

    According to the indictment, the political consultant allegedly solicited payments from Democrat candidates who hired him, classifying them as “consulting fees.” The payments — which ranged from $300 to $5,000 — were then allegedly used to pay Election Board Officials, such as DeMuro, in exchange for those officials illegally adding votes for the consultants’ Democrat candidates.

    (Hat tip: The President of the United States of America.)

  • In addition to certifying fraudulent results to help Democrats, DeMuro also took a hands-on approach to voting fraud: “Demuro fraudulently stuffed the ballot box by literally standing in a voting booth and voting over and over, as fast as he could, while he thought the coast was clear.” (Hat tip: Chuck DeVore.)
  • Several posts here suggested that Sweden’s model of reaching herd immunity might be a better method than what we were doing. Now that the data is in: not so much. “Sweden becomes country with highest coronavirus death rate per capita.”
  • Speaking of data, the way media dashboards count the numbers are skewed high. “At the time of Colorado’s announcement on Friday, the CDC-definition tally, used in CNN’s “dashboard” and all the other media reports, stood at 1,150 statewide. But only 878 of those, more than 23 percent less, are identified as deaths due to COVID-19.”
  • Democrats thinks the Wuhan coronavirus crisis will get worse. Of course they do.
  • “CNN Is Willing To Lie About Wuhan Virus in Texas If That’s What It Takes to Crash the Economy.”

    CNN has staked out a position in its coverage of Wuhan virus that can only be explained in one way. They perceive a drawn-out lock down of America as something that will damage President Trump’s reelection chances and therefore it is something to be preserved. The move by a handful of governors to re-open their states to normal life despite the latest pronouncement from the latest M.D. or Ph.D. who fancies himself as Galactic Commander, threatens to reveal the Wuhan virus’s new clothing, so to speak. Therefore, anything that can be done to discredit the incontrovertible data that shows whatever threat Wuhan virus presented is now largely abated must be discredited.

    More tests are being given, and the positives rate is actually declining.

  • Oregon’s Democratic governor Kate Brown: “No shopping in open counties for those in closed counties!”
  • “Why California Is In Trouble – 340,000 Public Employees With $100,000+ Paychecks Cost Taxpayers $45 Billion.” I believe the word you’re looking for is looting
  • Speaking of California: More suicides than coronavirus deaths? I know that “data” is not the plural of “anecdote,” but maybe somebody should run the numbers…
  • Is Tesla planning a Gigafactory near Austin? There are still big tracks of land available out near 130…
  • Wargaming a war between the U.S. and China in 2030. Don’t be so sure they could knock out our carriers with hypersonic missiles, and our drones and submarines would wreck havoc with their trade.
  • Another day, another college professor arrested for spying for China:

    Case Western Reserve University School of Medicine professor and former Cleveland Clinic employee was arrested Wednesday over his alleged ties to China.

    The Justice Department announced that Qing Wang was arrested at his Shaker Heights, Ohio home as part of a joint operation conducted by the FBI and the Department of Health and Human Service Office of the Inspector-General. Wang was charged with wire fraud related to more than $3.6 million in grant funding that Wang and his research team at the Cleveland Clinic had received from the National Institutes of Health.

    According to the criminal complaint, Wang failed to disclose affiliations with Chinese universities. He also allegedly failed to disclose that he had received grants from the National Natural Science Foundation of China for a nearly identical research project. He held the title Dean of the College of Life Sciences and Technology at Huazhong University of Science and Technology.

    Cleveland Special Agent-in-Charge Eric Smith said this wasn’t “a simple case of omission, ” adding that “Wang deliberately failed to disclose his Chinese grants and foreign positions and even engaged in a pervasive pattern of fraud to avoid criminal culpability.”

  • The 40-year old girlfriend of 74-year old former Texas Lt. Governor David Dewhurst cracked two of his ribs. (Hat tip: Dwight.)
  • Magazine publisher Conde Nast lays off about 100 employees. Maybe the entire Teen Vogue Anal Sex department got laid off. Hopefully there are some good Python courses available in their area…
  • Universally respected mystery expert Otto Penzler was let go as editor of the Best American Mystery Stories of the Year so the publisher could pick stories based on “affirmative action” criteria rather than excellence.
  • When the levee breaks there ain’t no place to—

  • “There’s a sale bankruptcy at Penny’s!”
  • Oopsie!


    

  • “Florida Ruled To Be In Violation Of Science For Not Having More People Die.”
  • “Democrat Governors Warn If Lockdowns Are Lifted They Won’t Get Nearly As Much Time In The Spotlight.”
  • “I Forced A Bot to Read 1,000 Jennifer Rubin Columns And Write A Jennifer Rubin Column of Its Own.” One step closer to the robot uprising…
  • “Not this time, cat!”

  • Should save this one for winter:

  • Antidepressant or Tolkien character?
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