Monday, August 23, 2021

'Are you kidding me?' National security lawyer tears apart Nunes' 'pathetic joke' of a memo


'Are you kidding me?' National security lawyer tears apart Nunes' 'pathetic joke' of a memo

Brad Reed

February 02, 2018


'Are you kidding me?' National security lawyer tears apart Nunes' 'pathetic joke' of a memo

Attorney Bradley Moss (Screen cap).

The controversial Nunes memo is out -- and one national security expert is decidedly unimpressed.

Bradley Moss, an attorney who specializes in litigating national security matters, has written a tweet storm in which he shreds the memo and says that he believes it amounts to a "pathetic joke."

"This is the scandal??" Moss writes incredulously of the memo. "Are you kidding me?"

He then goes on to explain why there is simply no major scandal embedded within Nunes' memo, and he says that British spy Christopher Steele's personal biases against then-candidate Donald Trump are completely irrelevant to whether a FISA court should have granted the FBI a FISA warrant to surveil former Trump foreign policy adviser Carter Page.

"The entire premise of its insuffiency is the fact that the FBI/DOJ didn't tell the FISC that Steele was biased against Trump," he writes. "So the hell what? They're not REQUIRED to reveal that in every case. Unless that bias somehow renders the information, in and of itself, unreliable, it doesn't matter if Steele wore a 'I'm with Hillary' button. It's irrelevant."


Moss then went on to note that the Nunes memo confusingly admits that the FBI first launched its investigation into the Trump campaign based on the drunken boasts of former Trump campaign aide George Papadopoulos, who bragged to an Australian diplomat that he knew the Russian government would release dirt on rival Hillary Clinton.

In conclusion, Moss says the FBI needs to clear this up by releasing the entire FISA application on Page -- which he notes is usually between 50 to 100 pages long.

Bradley P. Moss


This is the scandal?? Are you kidding me?

12:21 PM · Feb 2, 2018

Bradley P. Moss


The Nunes memo is exactly the pathetic joke I expected it to be.

1) It admits that the Steele dossier is only a part of the FISA application. It even resolves once and for all that the Russia investigation did not start based on the dossier. It was based on "coffee boy".

12:22 PM · Feb 2, 2018

Bradley P. Moss



Feb 2, 2018

The Nunes memo is exactly the pathetic joke I expected it to be.

1) It admits that the Steele dossier is only a part of the FISA application. It even resolves once and for all that the Russia investigation did not start based on the dossier. It was based on "coffee boy".

Bradley P. Moss


2) The entire premise of its insuffiency is the fact that the FBI/DOJ didn't tell the FISC that Steele was biased against Trump. So the hell what? They're not REQUIRED to reveal that in every case. @OrinKerr did an exhaustive piece on the 4A issues for @lawfareblog

12:24 PM · Feb 2, 2018

Bradley P. Moss



Feb 2, 2018

Replying to @BradMossEsq

2) The entire premise of its insuffiency is the fact that the FBI/DOJ didn't tell the FISC that Steele was biased against Trump. So the hell what? They're not REQUIRED to reveal that in every case. @OrinKerr did an exhaustive piece on the 4A issues for @lawfareblog

Bradley P. Moss


Unless that bias somehow renders the information, in and of itself, unreliable, it doesn't matter if Steele wore a "I'm with Hillary" button. It's irrelevant.

3) Release the FISA application. The FBI has to do it now. It would likely have been 50-100 pages. Release it.

12:26 PM · Feb 2, 2018

Bradley P. Moss


Any pundit that goes out there and says this is the FISA memo is a bombshell scandal is either a hack, stupid, naïve, incompetent and/or is completely and unapologetically unaware of Fourth Amendment law involving warrant applications and confidential informants.

12:45 PM · Feb 2, 2018

Monday, June 07, 2021

There is no solution to the GOP's vaccine refusal By Amanda Marcotte

There is no solution to the GOP's vaccine refusal

COVID denialism lost its political usefulness months ago, but the GOP zombies keep on refusing to get the vaccine

By Amanda Marcotte
Published June 7, 2021 1:09PM (EDT)

In the past six months, we've all witnessed the near-miraculous effectiveness of the vaccines against COVID-19  and President Joe Biden's success at turning the joke of Donald Trump's vaccine plan into a well-oiled machine. Anyone who wants the shot in the U.S. can get it. Yet, despite an initial surge of interest in vaccines in the mid-spring, there's been a drastic drop-off in vaccination rates just ahead of Biden's Independence Day goal for a return to summer grilling. 

"The United States is averaging fewer than 1 million shots per day, a decline of more than two-thirds from the peak of 3.4 million in April," the Washington Post reports, noting that "[s]mall armies of health workers and volunteers often outnumber the people showing up to get shots at clinics" in more conservative areas like Utah, North Carolina and Tennessee. 

"Experts are concerned that states across the South, where vaccination rates are lagging, could face a surge in coronavirus cases over the summer," the New York Times further reports. While many states in the Northeast have reached Biden's 70% benchmark, the Times notes that only "about half of adults or fewer have received a dose" in 15 red states. 

As vaccine rates have been lagging, a number of reasons for what tends to be called "vaccine hesitancy" have been documented through polls and other research. Issues include a lack of access, skepticism that COVID-19 is particularly dangerous, a lack of trust in the vaccines, a belief in conspiracy theories and fear of side effects.

No doubt all these aspects are true to one extent or another, and there's certainly evidence that some working-class people simply are struggling to find the time to get the shots and recover from them. But the glaring geographical differences give away the one deeply uncomfortable reality about what is driving much, if not most, of the discrepancies in vaccination rates: Republicans are refusing to get vaccinated out of pure spite.

Both Trump and Fox News made it clear in the early days of the pandemic that taking COVID-19 seriously is something only hated liberals would do. To show their right-wing bona fides, it was important for Republican voters to refuse to do anything that would suggest they are concerned about getting sick, which would be seen as disloyalty not only to Trump but to the right-wing cause. This is even though Trump himself got very sick from COVID-19 and then, as soon as it was available, got the vaccine. And it clearly persists, even though the political usefulness of COVID-19 denialism ended when Trump's presidency did.

As Politico's health care reporters Dan Goldberg and Alice Miranda Ollstein wrote on Saturday, the "partisan divide in Covid-19 vaccinations is becoming starker," as evidenced by the fact that all "but one of the 39 congressional districts where at least 60 percent of residents have received a coronavirus shot are represented by Democrats" and "Republicans represent all but two of the 30 districts where fewer than one-third of residents have received a shot."

Another giveaway is how Republican politicians have downplayed the role tribal loyalty and COVID-19 denialism are playing in the vaccine slowdown.

On Sunday morning, Mississippi's Gov. Tate Reeves, in full gaslighting mode to Jake Tapper of CNN, insisted that he believes "all Americans should go get vaccinated because I think it's safe," that that "individuals can make their own decision, Jake, as to how to protect themselves and families."

This is, of course, full-blown nonsense. People aren't carefully researching how best to protect themselves and their families. If that was the case, they'd be lining up for shots because — outside of a few rare cases where people are immunocompromised — the single best and safest way to protect yourself and your family is to get vaccinated.

No, what's actually happening in these red states is that people are putting themselves and their families at risk, deliberately. And they're doing it because Trump spent months downplaying the threat of COVID-19 and making it a loyalty test for his people to do the same. It's also clear that a lot of the fears of vaccine safety being offered to researchers as reasons for vaccine hesitancy are, in fact, just a cover story for the mindless tribalism of the right. 

Part of the problem is Trump's ability to convince people to give up their own safety and security in order to prove their loyalty to him. Recall how cronies like Michael Cohen and Rudy Giuliani ended up in deep but predictable legal trouble after sticking their neck out for Trump? Hundreds of Capitol rioters are now facing fines or jail time because they stormed the Capitol for an ungrateful Trump. As hard as it is for those of us who see this comically dressed, half-literate sociopathic narcissist for who he is, there can be no doubt of the hold he has over some people. 

Still, the widespread nature of vaccine refusal in the red states suggests this is actually about much more than Trump the cult leader, especially as he himself has gotten the shot. In fact, the whole situation illustrates how certain lies take on a life of their own on the right, becoming identity markers that far outlast their political expediency. In other words, getting the vaccine would be an admission for conservatives that they were wrong about COVID-19 in the first place, and that liberals were right. And for much of red-state America, that's apparently a far worse fate than death.

Of course, adding to the problem is that right-wing media has not abandoned the idea that there's something "liberal" and therefore evil about admitting that medical scientists know stuff. Right-wing media figures keep bashing Dr. Anthony Fauci, the director of the National Institute of Allergy and Infectious Diseases, with increasingly convoluted conspiracy theories involving his emails that no one, right or left, can follow. Such conspiracy theories are incoherent by design. They aren't meant to be understood, so much as to create an air of suspicion around Dr. Fauci and public health officials generally, and to reaffirm that being a true member of the conservative tribe means hating such people. 

On Fox News, the message to the audience is quite clear: Real conservatives prove themselves by rejecting the vaccine. Most recently, Tucker Carlson was on air ranting about how it's "medical Jim Crow" to expect people to get vaccinated to protect others. Besides being language designed to minimize the seriousness of actual racism, this kind of rhetoric is also about falsely telling conservative Americans they are akin to a marginalized ethnic group. Refusing vaccination is a way to show off your tribal membership, like wearing a MAGA hat or deliberately getting an ugly haircut, except deadlier. 

Outside of mandates or raising the penalties by barring the unvaccinated from public spaces, there's not much to be done now to change Trumper minds on vaccines. They know being unvaccinated is irrational. Being irrational is the appeal. They know how much irrationality annoys liberals. This is one of those situations where, the more that people outside of the Trump tribe push, the more the Trumpers will dig in their heels, ready to stick it to the rest of the country by acting like stubborn asses. 

The only solution may be reverse psychology.

People who want the pandemic to end need to, paradoxically, release the desire to see conservatives get vaccinated. The more zen that liberals (or people perceived to be liberals) are about vaccination rates, the less fun it is to try to piss liberals off by refusing to get the shot. Well-intentioned goals, like Biden's 70% by July 4 deadline, end up backfiring. If Biden wants it, then conservatives will, like bratty children, refuse to do it just to stick it to him. 

The good news is that, as painful as it is for Democrats to admit, there seems to be a growing acceptance that it's unwise to let Republican anti-vaxxers hold the rest of us hostage. Lockdowns and mask mandates are relaxing, even in blue areas, despite not meeting vaccination goals. While this is less than ideal, it's better than the alternative: keeping those measures in place and trying to incentivize conservatives, who are motivated purely by spite and will thus continue to refuse the shot.

They aren't getting shots in order to troll the liberals. Time to stop feeding the trolls and let them get sick if they really want to play. 

Amanda Marcotte

Wednesday, December 23, 2020

Dayvoe's FISA Treason Whataboutism fails. "FISA warrants aren't easy to get."

 "Can We Do That Thought-Experiment Again? PLEASE?"

Take a look at this, from the Washington Post:
The FBI obtained a secret court order last summer to monitor the communications of an adviser to presidential candidate Donald Trump, part of an investigation into possible links between Russia and the campaign, law enforcement and other U.S. officials said.

The FBI and the Justice Department obtained the warrant targeting Carter Page’s communications after convincing a Foreign Intelligence Surveillance Court judge that there was probable cause to believe Page was acting as an agent of a foreign power, in this case Russia, according to the officials.

This is the clearest evidence so far that the FBI had reason to believe during the 2016 presidential campaign that a Trump campaign adviser was in touch with Russian agents. Such contacts are now at the center of an investigation into whether the campaign coordinated with the Russian government to swing the election in Trump’s favor. Of course Page calls it "unjustified, politically motivated government surveillance."

But let's take a look at the FISA Court anyway, shall we?  What does it take to get a FISA Court to OK some surveillance?

From CNN:
The FISA Court's larger mission is to decide whether to grant certain types of government requests-- wiretapping, data analysis, and other monitoring for "foreign intelligence purposes" of suspected terrorists and spies operating in the United States.

The once-secret approval of collecting bits and pieces of information from electronic communications -- called metadata -- comes quarterly from judges at the court. To collect the information, the government has to demonstrate to a judge that it is "relevant" to an international terrorism investigation. And who's on this court?  Again, CNN:
The court is made up of 11 judges who sit for seven-year terms. All are federal district judges who agree to take on the additional duties on a rotating basis. They are appointed by Chief Justice John Roberts, without any supplemental confirmation from the other two branches of government. Roberts has named every member of the current court, as well as a separate three-judge panel to hear appeals known as the Court of Review. So ALL the judges are Roberts approved.

Back to the Washington Post:
The judges who rule on Foreign Intelligence Surveillance Act (FISA) requests oversee the nation’s most sensitive national security cases, and their warrants are some of the most closely guarded secrets in the world of U.S. law enforcement and intelligence gathering. Any FISA application has to be approved at the highest levels of the Justice Department and the FBI.

Applications for FISA warrants, [FBI Director James] Comey said, are often thicker than his wrists, and that thickness represents all the work Justice Department attorneys and FBI agents have to do to convince a judge that such surveillance is appropriate in an investigation. I hardly think a "politically motivated" and "unjustified" FISA warrant application from the Obama DOJ is going to make it past all those levels of guv'ment bureaucracy - especially not all those FISA judges appointed by the conservative Chief Justice of the United States Supreme Court, John Roberts.

And now onto that thought experiment: Imagine if she won the electoral college and someone (anyone) attached to the Clinton campaign was under similar surveillance.  Imagine the calls for impeachment that would have inevitably risen up out of the otherwise freedom loving conservatives on the right side of our nation's political discourse.  Where there's silence from the right now, there would have been riots and burning effigies.

Forget the damned emails, this is treason!

But that's a different timeline, a different reality.  And in this reality, different rules obviously apply.

Friday, September 04, 2020


 Nolte: Don’t Let the Fake Fact Checkers Fool You – Joe and Kamala Support Gun Confiscation
Conspiracy Theory is news minus 4 years
This won't age well
Confirmed: Former Obama DOJ Attorney Fed Christopher Steele Garbage Included in His Infamous Steele Dossier
Kamala Harris on the Second Amendment
Highway Stop-And-Frisk: How Pennsylvania State Troopers Conduct Illegal Traffic Searches
The NRA Might Not Survive This
The RNC speech from Parkland shooting victim’s father was just stunning
NY AG’s efforts to dissolve NRA look even worse upon closer examination
Federal Court Rules In Favor Of Sarah Palin’s Defamation Lawsuit Against The New York Times
Palin v. New York Times District Judge Refuses to Overrule Supreme Court Precedent
Senate Intelligence Report Is Long On Pages And Short On Intelligence
University of Pittsburgh Hits Rock Bottom
About Kevin Clinesmith
Kentucky Authorities Offered Leniency to Breonna Taylor's Ex if He Would Implicate Her in Drug Crimes
The ACLU Defends the NRA
No Qualified Immunity for Kentucky Cops Who Strip-Searched a 4-Year-Old and Threatened Mom
Filipovic’s Bleak House
Statement Released By John Pierce, Attorney For Kyle Rittenhouse
Police Unions Lose Bid To Block Release of Huge Trove of NYPD Misconduct Records
Joe Biden Does Not Understand the Second Amendment
Cop Who Allegedly Kneed a Subdued Suspect in the Eye '20 to 30 Times' Gets Qualified Immunity
Kamala Harris: Drug Warrior, Vice Cop, Draconian Prosecutor
DC Police Union Sues To Block The Release Of Names Of Officers Involved In Shootings
When It Comes To Qualified Immunity, Where Your Rights Were Violated Matters More Than The Fact Your Rights Were Violated
Federal Court: No, You Fucking May Not Force Your Way Into A Home And Strip Search Six Very Young Children
Cops lie constantly
Democrats Weaponize IRS To Extend NRA Crackdown To Washington
Gun-Control Group Shies Away from Guns in Swing State Attack Ads
NYPD’s Matrix
Ninth Circuit Says NSA's Bulk Phone Records Collection Was Illegal, Most Likely Unconstitutional
The Inevitable Whitelash Against Racial Justice Has Started

Friday, August 07, 2020


 Sally Yates’ Testimony Showed She’s Either Ignorant Or Lying About Russiagate
Is New York's Attack on the NRA Meant To Punish the Gun Rights Cause for Executive Malfeasance?
Judge Hits District Attorney Who Issued Fake Subpoenas With A $50,000 Penalty For Blowing Off Records Requests
ProPublica Releases NYPD Discipline Records Its Union Thought It Had Talked A Court Into Keeping Secret
NY Post's Journalistic Malpractice: Misleading Reporting On Nick Sandmann's Washington Post Settlement
Internal Investigation Shows The Houston PD's Narcotics Units Was An Unsupervised Mess
Second Circuit Wrecks All Sorts Of First Amendment Protections To Keep Lawsuit Against Joy Reid Alive
Donald Trump Tells NRA’s 5 Million Members He Will Protect Guns, Police
New York Attorney General Sues To Completely Dissolve The NRA
James Carville: 'Deal With It, Democrats, You're Going To Win'
Twitter Blames Brad Parscale’s Demotion On Trump Fuming Over His ‘Canoodling’ With Hope Hicks
How the NRA’s new legal woes will cripple GOP candidates in November
New York AG Moves for NRA Dissolution
NRA Countersuit
Is the Senate Filibuster a 'Jim Crow Relic' That Should Be Abolished in the Name of Democracy?
The Majority of Americans Oppose Qualified Immunity. Where Is Congress?
Want To Reform Policing? Bust Police Unions.
Media Silent As Christopher Steele ‘Hero’ ‘Spymaster’ Narrative Crumbles
Don’t Fall for Cuomo’s Gaslighting on Coronavirus
WATCH: Jim Jordan grills Dr. Fauci on whether protests should be limited over coronavirus transmission
WOW –> Sleeping Giants’ co-founder Nandini Jammi leaves, shares not-so-great story about her ‘white, male co-founder’
Canceling Rape Rape
Eric Holder Predicts Trump Will Use ‘Paramilitary Forces’ To Rig 2020 Election
Steele Dossier Was British Disinformation: From A Steele Employee
Jake Tapper: How Dare Jim Jordan Suggest That The Media Has Relentlessly Claimed The "Protesters" Are "Peaceful!"
Covid Credibility Lost – Contradictory Epidemiology Pronouncements & Fraudulent Statistics
Steele's "Primary Subsource" Was... Employee of Leftwing Democrat Think Tank The Brookings Institute, Which Itself Was a Major Pusher of the Russiagate Conspiracy Hoax
This won't age well
Fox News Shrugs Off NRA Corruption Because NY Lawsuit Good For GOP

Friday, July 17, 2020

Of course Ironclad FISA Dayvoe stiill has comments disabled.

2 Political Junkies: When a MAGA-hat Tries To praise Trump's Response T...: Next time a MAGA-hat tries to deflect from Trump's mishandling of the Coronavirus by screeching "But he banned all the flights/trav

He pretends that Democrats would not have"screeched" of Trump had locked down the US borders.

Dayvoe ends by screeching and excusing Gov. Andrew Cuomo

"So how many people in NYC died because of Trump's failure?"

Wednesday, July 15, 2020


A Democratic Tsunami?
LOL: British Court Orders Christopher Steele to Pay Damages for Defaming People With His Russia Hoax Libels
Club For Growth Tears the Bark Off "The Lincoln Project," Exposing It As a Democrat Front Group and Pack of Grifters
Holy Shit Is S.E. Cupp a Stupid Bint
The science is settled, the facts are in
James Carville: 'Deal With It, Democrats, You're Going To Win'
Obama admin shut down H1N1 testing, complicating Biden's attacks on Trump's coronavirus screening
Qualified Immunity Reform: The Cure Is Worse than the Disease
Qualified Immunity Is a Test for Conservatives
Narcissists, Psychopaths, and Manipulators Are More Likely To Engage in 'Virtuous Victim Signaling,' Says Study
Phony Overtime, Fictional Drug Buys, and Mysterious C.I. Payments Offer a Glimpse of Houston Police Corruption
NY PBA President Lynch Argues For The End of Public Sector Unions
Bill to Restrict Qualified Immunity Accidentally Makes the Case for It
The Rise in COVID-19 Cases Explained
Explosive New FBI Notes Confirm Obama Directed Anti-Flynn Operation
D&D Ditches ‘Evil’ Species In A Woke, Clumsy Attempt To Fight Racism
Daily Caller reporter attacked by protesters for using phone to record; Police had to pull her to safety…
RBG and the wise latina
The corrupt FBI and the compliant media
Appeals Court Strips Immunity From Abusive Cops Who Assaulted A Compliant Black Man... And The City That Allowed This To Happen
Police Memo Says Officers Raiding A Journalist's Home Were Instructed To Turn Off Their Body Cameras
Another gut punch for McRapey
A Short Tutorial On The General Flynn Case Procedures
Greg’s List
Hagia Sophia: Turkish Propaganda vs. Documented History
Peter Navarro: Anthony Fauci Has Been Wrong On Every Single Claim He's Made About Covid