Gravlen wrote:Shofercia wrote:
If you're talking about the FISA warrant, then I should note that the presentation of facts to the FISC Court was improper, and should probably be investigated by AG Barr. That said, based on the poorly presented facts that the FISC Court had, the warrant was properly issued. In a Court Room, or when applying for a warrant, you're supposed to tell the Truth, the Whole Truth, and nothing but the Truth. Ergo, it is reasonable for the Court to presume that you are, in fact, telling the Whole Truth. So if you lie, you can be punished.
I'm talking about the fact that Mueller had sufficient evidence to get a warrant from the FISC court, and that he later didn't reject that evidence. I bring it up as a clear example in the report that evidence existed.
To get a FISA Warrant, you don't need evidence that can stand up on cross-examination. When I was referring to evidence of conspiracy/collusion, I was referring to actual evidence, not "some butthurt at Russia guy who was an intelligence agent failing to do his job, said so" - if you truly want to be pedantic, and use the broadest term for evidence possible, that's one thing; but that's not what I am saying.
Gravlen wrote:Shofercia wrote:
There was plenty of evidence found and verified against OJ. There was no evidence found and verified against President Trump on that one issue - conspiracy/collusion. If you're talking about obstruction - then yes, there's evidence there. I never denied that.
I'm still talking about conspiracy.
The following is a long analysis from the Lawfare blog written by Benjamin Wittes. He argues why the conclusion Mueller came to concerning conspiracy is the correct one, and goes through the main points. I don't dispute his arguments, but for the purpose of this argument I will highlight some parts:First, Mueller makes clear that when the report concludes that “the investigation did not establish particular facts” this “does not mean there was no evidence of those facts.”Mueller made clear early on that he knows perfectly well how to “point[] out the absence of evidence” when the investigation refutes something; the phrase “did not establish,” he noted specifically, “does not mean there was no evidence” of the facts in question. It means, rather, that the investigation could not prove something adequately for criminal purposes. Coordination, meanwhile, he interprets in light of conspiracy law, which requires a meeting of the minds between conspirators in an agreement to pursue an illegal end. So let’s start by noting the narrowness of the inquiry here and the fact that Mueller chose to use the phrase that he had specifically said earlier did not signify the absence of evidence.
The first point to make, therefore, is that Mueller did not conclude either that coordination between the Russians and the Trump campaign did not happen through some or all of these contacts. He concluded, rather, that he had insufficient evidence to allege criminally that it did happen. This is notably different from his conclusions about the IRA operation, where he affirmatively reported an absence of evidence: the “investigation did not identify evidence that any U.S. persons knowingly and intentionally coordinated with the IRA interference operations.”
So there you are, on the legal side. The evidence arising out of links or contacts isn’t all that close to establishing coordination in the sense that conspiracy law would recognize. But the volume of contacts, the lies and the open questions make it impossible to say that there’s no evidence of it—much less that there’s positive evidence falsifying it.
Claiming that Mueller says there's 'no evidence' for conspiracy, when he actually says the evidence was not sufficient to support criminal charges, is simply wrong.
First, Mueller makes clear that when the report concludes that “the investigation did not establish particular facts” this “does not mean there was no evidence of those facts.”
And me saying that all NSGers can add 1 + 1, does not mean that there is no evidence showing that a single NSGer cannot add 1 + 1. Under the Presumption of Innocence, which American Citizens have, you are not guilty until evidence is found to prove that you are guilty. Thus a prosecutor being unable to find evidence is the equivalent of no evidence existing for legal purposes. Claiming that just because a two year investigation failed to find any facts, doesn't mean that those facts didn't exist, is like a kid claiming that just because he cannot find evidence that a giant spider ate the cookie from the cookie jar, doesn't mean that such evidence doesn't exist.
What actual evidence of collusion/conspiracy did Mueller find? None. Here's something that's suspicious: the change in the Republican Party platform on Ukraine at the Republican Convention, except it's not for the foreign policy analysts with at least half a brain. Ukraine treated Trump like a thug, so after Trump became the Republican nominee, the Republican position on Ukraine changed, sending Kiev a clear message: "Trump is now the Republican nominee, respect that, or you can fuck off!"
Another one: Even if he had reported it to the campaign, it doesn’t constitute conspiracy for the Trump campaign to be aware of Russian possession of hacked Clinton emails. The campaign, even if it did learn of what Papadopoulos had heard, never did anything about it.
Speaks for itself. Also: Yet even here, while the campaign showed eagerness to benefit from Russian activity, the meeting was unproductive and nothing came of it. Where exactly is the conspiracy supposed to be?
What a great question! The article does mention a serious of meetings, but as long as said meetings were public knowledge, or as long as no private conspiracy came from them, I don't view the mere existence of them as evidence. Zero a thousand is still zero. Regarding the Fifth Amendment - I have no issues with it. Claiming Fifth Amendment Protection is not evidence of a crime. In fact, I think that if the Trump Team claimed the Fifth Amendment more often, they would've come out stronger. I should note that claiming a Fifth Amendment Right does not mean that one should intervene with the investigation, perhaps by actions such as the Comey Firing.
Then there's the issue of the Ukrainian Peace Plan - but that has nothing to do with the election. Would the Russians have acted any differently if Trump rejected the peace plan? I doubt it. I think that it was wrong for Kilimnik and Manafort to even consider it, and that any peace plan regarding Ukraine should be publicly discussed, but the mere presentation of a peace plan is again, not evidence of collusion/conspiracy. What we have here is zero times a thousand. That's still zero. And that's my point.