Well, well, well…. they say timing is everything.

Today U.S. District Judge T.S. Ellis III appears to have caught on to an explosive issue CTH noted yesterday.  In building the case against Paul Manafort, special counsel Robert Mueller’s team used the pre-existing FISA Title-1 warrant that was originally applied to U.S. person Carter Page and the Trump campaign.

Under normal criminal investigation any search warrant or surveillance warrant would normally proceed through U.S. courts, under Title-3, were the Mueller team would need to show probable cause for a warrant.  However, by using the Title-1 warrant from the FBI counterintelligence operation, as extended by AAG Rod Rosenstein, Robert Mueller was able to use far more intrusive and unchecked searches and seizures for his criminal probe.

The media, and broad media-consumption public, are currently unaware the Mueller probe was simply a continuance of the 2016 FBI counterintelligence operation. Most people think the special counsel investigation is a separate issue. It’s not.

However, in addition to a scathing rebuke of the underlying prosecutorial premise, ie.  Mueller trying to keep the originating structure hidden, Judge Ellis demanded today that Mueller unredact the August 2, 2017, instructions from AAG Rosenstein.  That removal will expose the use of the FISA Title-1 warrant use that drove the investigative origin.

WASHINGTON – A federal judge on Friday harshly rebuked Special Counsel Robert Mueller’s team during a hearing for ex-Trump campaign chairman Paul Manafort – suggesting they lied about the scope of the investigation, are seeking “unfettered power” and are more interested in bringing down the president.

“You don’t really care about Mr. Manafort,” U.S. District Judge T.S. Ellis III told Mueller’s team. “You really care about what information Mr. Manafort can give you to lead you to Mr. Trump and an impeachment, or whatever.”

Further, Ellis demanded to see the unredacted “scope memo,” a document outlining the scope of the special counsel’s Russia probe that congressional Republicans have also sought. […] The Reagan-appointed judge asked Mueller’s team where they got the authority to indict Manafort on alleged crimes dating as far back as 2005.

The special counsel argues that Deputy Attorney General Rod Rosenstein granted them broad authority in his May 2, 2017 letter appointing Mueller to this investigation. But after the revelation that the team is using information from the earlier DOJ probe, Ellis said that information did not “arise” out of the special counsel probe – and therefore may not be within the scope of that investigation.

“We don’t want anyone with unfettered power,” he said.

Mueller’s team says its authorities are laid out in documents including the August 2017 scope memo – and that some powers are actually secret because they involve ongoing investigations and national security matters that cannot be publicly disclosed.

Ellis seemed amused and not persuaded.

He summed up the argument of the Special Counsel’s Office as, “We said this was what [the] investigation was about, but we are not bound by it and we were lying.”

He referenced the common exclamation from NFL announcers, saying: “C’mon man!”  (read more)

The Mueller team saying: “some powers are actually secret” is a direct reference to their use of the FISA Title-1 warrant, which they took over from the FBI counterintelligence operation and applied to their criminal investigation.

With the third 90-day extension of the FISA warrant, issued by AAG Rod Rosenstein (July 18, 2017), Mueller’s team were obviously using the FISA warrant from May through October of last year.  [The FISA warrant expired 90 days from July 18.]

https://www.scribd.com/embeds/375478974/content?start_page=1&view_mode=&access_key=key-4DaehSp6U38EiB8eNVXS

.

♦ Michael Caputo discusses the scope of the Mueller Evidence – HERE

♦ The timeline of Rod Rosenstein and Robert Mueller – Available HERE

This afternoon President Donald Trump is scheduled to deliver a speech at the National Rifle Association leadership forum.  Anticipated start time 2:00pm EST

WH Livestream Link – RSBN Livestream Link – NBC News Livestream Link

One of the most frequent questions about Deputy Asst. Attorney General Rod Rosenstein circles around his decision to reauthorize the FISA Title-1 surveillance warrant used against Carter Page and by extension the Trump campaign.   In this outline we take the timeline and overlay new information that helps to understand what was going on:

• Why did Rosenstein renew that sketchy FISA warrant July 18th, 2017?
• Why did Mueller request clarity two weeks later on August 2nd, 2017?

To understand the dynamic we must remind ourselves what was known at key dates in the investigative decision-making.  None of this is intended to exhibit an opinion toward the motives of those making decisions; however, in hindsight we can clearly outline what was known and what was not known at the time these decisions were made.

Recently we have gained clarity toward the scope of investigative evidence held by Robert Mueller.  Thanks to some debriefing interviews by ‘witness’ Michael Caputo we more thoroughly understand what evidence is held by Robert Mueller; and, more importantly the scale of that evidence leads to a reasonable conclusion about how it was obtained.

It appears Special Counsel Robert Mueller began his investigation of Russian interference and the possibility of Trump campaign collusion, right where the FBI counterintelligence operation left-off.  This is additionally supported by reviewing the original investigative instructions as outlined by Rod Rosenstein the day Robert Mueller was appointed as Special Counsel:

The key phrase here is: “to serve as Special Counsel to oversee the previously-confirmed FBI investigation of Russian government efforts to influence the 2016 presidential election”…  Here, Rosenstein is clearly instructing Robert Mueller to pick-up the former Counterintelligence Investigation previously headed by FBI Asst. Director of Counterintelligence Bill Priestap, and his #2 FBI Agent Peter Strzok.

The date of this appointment is May 17th, 2017.  Approximately a week after President Trump fired James Comey on May 9th.

(LINK)

So there we have the three areas of direct authority:  ¹Links or coordination between the Russian Government and the campaign of Donald Trump.  ²Matters that may arise from the investigation of the Russian government and the campaign of Donald Trump. And ³other matters within the scope of 28 C.F.R. § 600.4(a). [<- ie. ‘Jurisdiction‘]

So there’s the instructions to Robert Mueller and his team on May 17th, 2017.

As an outcome of this May 2017 reassignment of investigative authority, Mueller now takes over from Bill Priestap.  The Special Counsel takes over the investigation from the FBI.

The lead FBI investigator, Peter Strzok, is in immediate communication with Robert Mueller’s point person Aaron Zelby via email; and FBI agent Peter Strzok eventually finds himself part of the Special Counsel investigative team.

It is important to remember, at the time all of this is taking place, no-one inside the DOJ Inspector General’s office (DOJ-OIG) or the Internal Investigation Division (INSD) of the FBI is aware of the evidence that FBI Agent Peter Strzok and DOJ assigned Special Counsel Lisa Page have been part of a group shaping a months long “insurance policy” against the candidacy and presidency of Donald Trump.  Nor is anyone aware that Andrew McCabe, Michael Kortan, Lisa Page and Peter Strzok are leaking frequently to their media allies. Those discoveries come later.

In May 2017 Robert Mueller and Rod Rosenstein would not know the history of what activity was happening inside the FBI “small group” scheme.

It was ten months before the Special Counsel was assigned when Page and Strzok were messaging each-other about the “insurance policy” discussed in Andrew McCabe’s office. The Page/Strzok messages were on August 18th, 2016.

That “insurance policy” is widely believed to have been short-hand to describe an effort to conduct surveillance on candidate Trump, which could later ensure a strategic plan to disrupt and possibly eliminate Trump if elected, via the Russia collusion narrative.

That plan needed legal FBI authority to conduct surveillance – which could be used to weaponize intelligence. That plan culminated in the Carter Page Title-1 FISA warrant as the deployment mechanism, on October 21st, 2016.

Apparently, without knowledge of the underlying sketchy context inside the application (Steele Dossier) of the FISA Title-1 surveillance warrant, on July 18th, 2017, Asst. AG Rod Rosenstein renews the FISA warrant as the 3rd continuance of an investigative tool. This time to be used by Robert Mueller.  And with this intensely broad and intrusive surveillance authority Mueller’s investigative unit now has the legal authority to capture the records of everyone within two-hops of Carter Page.  That includes the entire Trump campaign and likely almost all of the Trump administration.

This explains why Michael Caputo said: “Mueller has everything, on every person related to the campaign.” Including calls, emails, text messages, the works.

However, between the start of the Mueller special counsel (May) and the date of the FISA renewal (July 18), OIG and INSD investigators began to discover issues as a result of an internal leak investigation.  [OIG Report on McCabe] Questions to FBI Communication Director Mike Kortan, Andrew McCabe, and his lawyer Lisa Page resulted in contradictions within their statements.

• •May 2017 McCabe denies leaking for WSJ story (to FBI).
• •July 2017 McCabe denies again (to IG Horowitz).
• •July 20th, 2017 Horowitz gets Strzok/Page text messages. Proving McCabe constructed the WSJ story and lied to FBI investigators and Inspector General.

Immediately after Rosenstein reauthorizes the FISA warrant (7/18/17), Lisa Page turns over text messages to support her version of events.  OIG and INSD investigators get the Page/Strzok messages on July 20th, 2017:

[Congressional Report – Page 18, Item #3, second paragraph] “The DOJ OIG obtained the initial batch of text messages on July 20, 2017.”

Now things get interesting.

As a result of those messages delivered July 20, soon thereafter the IG informs Robert Mueller there are big issues with Lisa Page and Peter Strzok who were/are both on the special counsel team.  Obviously INSD and OIG investigators are pouring through the messages.

As a result of that IG notification Robert Mueller removes Peter Strzok.  It is reported that Lisa Page left a few weeks before.  In “Appendix C” we discover the final text from Lisa Page to Strzok took place on June 25th, 2017: “Don’t ever text me again“.   This final message follows Strzok’s heavily redacted text message June 22nd about not being able to reach out.  So we can assume, with reasonable accuracy, Lisa Page was a non-factor in the Robert Mueller investigation around late June and Peter Strzok is removed sometime shortly after Mueller gets the details about their compromise late July/beginning August.

It is likely Rod Rosenstein is informed of the same issue(s) soon after he reauthorized the FISA warrant, July 18th.    Prior to that initial IG notification; and prior to OIG and FBI Inspection Division review of the scale of the issue; no-one outside the “small group” new about the scheme, or the “insurance policy”.

However, at the beginning of August 2017 both Rosenstein and Mueller now have some idea something is seriously wrong within the prior corrupt FBI investigation that was using the FISA Title-1 surveillance warrant Rosenstein just renewed two weeks earlier.

So what happened next?

Well look at the date of this “newest special counsel instruction“:

(full pdf available here)

In hindsight it is now clear why Robert Mueller would be reaching out to Rod Rosenstein and telling the Asst. Attorney General that, against the revelations of what the prior FBI investigative unit was doing, Rosenstein better provide Mueller increased clarity as to the specifics of what he is authorized to review.

At the very end of July, 2017, the released investigative evidence is clear – both Rod Rosenstein and Robert Mueller become aware of the initial issues with Page and Strzok, and likely how those issues were quickly escalating as the IG and INSD discover through reviews of evidence and in-person interviews the outline of a broad conspiracy.

It’s no surprise that Mueller takes pause and requests clear instructions in writing; but we still don’t know what’s behind that massive redaction.

SUMMARY: An honest review of the timeline shows the third FISA renewal happened right before Rosenstein and Mueller became aware of the first signs of the corruption. Additionally, a clear hindsight review of the content within the application, vis-a-vis the fraudulent use of the Clinton-Steele dossier, shows a clear reason why it was never reauthorized again; and easily why Carter Page was never charged with anything.

Once the IG and INSD investigators had the time to go deeper into the internal investigation, this is around the point when Utah federal prosecutor John Huber is brought into the findings surfacing within the IG and INSD investigation. Huber’s task likely to review all of the discoveries for potentially criminal conduct, grand jury evidence and possible criminal indictments if warranted.

However, all of that said, none of this explains why Asst. AG Rosenstein did not shut down the special counsel investigation in/around Sept. or October 2017 as soon as the scale of internal corruption was known.  Unless the extraneous Flynn, Papadopolous and Manafort findings, some of which likely stemmed from the use of the FISA extensions in the period from May through October, became the agenda for continuance.

Here’s where everyone wants to know motive(s) behind Mueller, Rosenstein and the corresponding investigators.  Truthfully, this is also where an argument can be made in both directions.

So, you decide for yourself.

Former FBI Deputy Director James Kallstrom appeared on Tucker Carlson to discuss the context of the ongoing Special Counsel investigation by Robert Mueller and his assigned team of investigators. Within the discussion Mr. Kallstrom provides some historic context for current events.

.

CTH is going to expand an outline of the Mueller probe origin, and current disposition, utilizing the latest information and contrast against the timeline of Deputy Director Rod Rosenstein. More on that soon.

Former U.S. Attorney Joe diGenova discusses his perspective on Robert Mueller, and the current position of the special counsel investigation, with Sean Hannity.

NOW IT ALL COMES TOGETHER…

Michael Caputo appears on Fox News for a general discussion of his third experience being grilled by Hillary Clinton’s Legal Team within the Clinton-Mueller Special Counsel.

However, one of the interesting bits of information is where Mr. Caputo notes the Clinton-Mueller team have the personal emails, phone call logs, communications and even text messages of every targeted member of the investigation. This little factoid is jaw-dropping important because it highlights the underlying reason why Deputy Attorney General Rod Rosenstein needed to grant a July 2017 extension of the Title-1 FISA surveillance warrant (initiated against Carter Page); that was actually being utilized by the FBI to conduct political surveillance of these same Trump officials.

Without the July 2017 FISA extension, Robert Mueller would not have predicate investigative authority to reach into the accounts of his targets and extract their personal communication.  Mueller would have needed to go to court for a search warrant; he is conducting a criminal investigation; he would have needed probable cause.  However, by applying the 2016 extended FISA Title-1 warrant, the Clinton-Mueller special counsel used the previous legal authority to extract all the information they wanted to review.

Things are making much more sense now.