Wednesday, January 31, 2018


[Photo from wikipedia]

Here's a tart response today to the FBI and DOJ complaints about the FISA memo's release from the House Intelligence Commitee Chairman Devin Nunes at the House's website:

“Having stonewalled Congress’ demands for information for nearly a year, it’s no surprise to see the FBI and DOJ issue spurious objections to allowing the American people to see information related to surveillance abuses at these agencies. The FBI is intimately familiar with ‘material omissions’ with respect to their presentations to both Congress and the courts, and they are welcome to make public, to the greatest extent possible, all the information they have on these abuses. Regardless, it’s clear that top officials used unverified information in a court document to fuel a counter-intelligence investigation during an American political campaign. Once the truth gets out, we can begin taking steps to ensure our intelligence agencies and courts are never misused like this again.” 

OUCH!!  It's getting hotter in D.C. and the memo hasn't even been released yet! What do you think?!


[Photo from wikipedia]

Should the controversial FISA memo be released to the public? According to news reports, the four page memo outlines FBI and DOJ abuses of their surveillance powers, in order to spy on the President's campaign and transition teams.  In a nutshell, the allegations are that agents sympathetic to the Clinton campaign utilized the largely unsubstantiated Russian "dirty" dossier, paid for by Clinton and the DNC, to apply for FISA warrants to spy on an opposition candidate (and new president) during an election year. If that happened, then this would clearly be one of the largest political scandals in American history.

The House Intelligence Committee has already voted for its release.  But the FBI and DOJ have reportedly objected to its release.  FBI Director Christopher Wray has even complained that the memo is inaccurate. However, House Speaker Paul Ryan has gone on record stating that the memo should be released in order to help "cleanse" the FBI and DOJ.

It is now up to the President.  He is reportedly having the memo reviewed, but last evening, after his State of the Union speech, he promised its prompt release.

What is your opinion? Should it be released? As a former federal prosecutor, I say let the cleansing begin!

Friday, January 26, 2018


Should President Trump meet with Mr. Mueller's agents?  He's certainly said he's not only willing to do so, but that he would gladly do it "under oath!" What do you think? If you were his criminal defense attorney, would you allow your client to meet with and be interrogated by law enforcement agents?

From my perspective, as a former federal prosecutor and, currently, as a criminal defense lawyer, there is no way I would want my client to meet with government agents in his circumstances!

For example, I would be worried that the feds would try to trip him up, in order to bring a false statements charge against him, just like they did with Michael Flynn.

Plus, serious questions have been raised recently about bias in Special Counsel Mueller's team against the President.

In addition, here, presumably, the defense team doesn't know all the potential evidence that Mueller's team may have against their client.

So, in my opinion, I would hope the President would take my advice, as his lawyer, and not submit to an interrogation. Mr. Cobb and other folks on the President's team should, instead, be insisting that Mueller should simply submit any questions to them and then they may provide written responses.

What do you think?