Day 1 of Impeachment Trial in the Senate

After many hours, more than 12, the day was over. A long slog it was with summaries presented on each of Senator Schumer’s amendments to the rules. There was only one Republican defection vote on one amendment by Susan Collins of Maine. Even Lisa Murkowski of Alaska and Mitt Romney of Utah stayed the course with the Republicans with all the votes they cast.

The historic impeachment proceedings against Trump begin ...
Perhaps the reason for full party line votes are as a result of the letter sent to the Senate by 21 State Attorneys General found here. It is a great read even for those on the Democrat/liberal side of the ledger and have already made up their minds to remove Donald Trump from the presidency.

State AG letter to Senate o… by Fox News on Scribd


The House impeachment articles managers/team, led by Congressman Adam Schiff and Gerald Nadler filled the 12 hours with repeated emotional and passionate summaries full of twisted and selectively chosen assertions while negating full truths and context. President Trump’s team did not sway from the initial briefing they filed and made their positions short and cogent on each amendment.
For the most part the day was filled with lawyers of all distinctions warring with each other and the polarization of the Federal government was on full display to only stay with our nation for many years to come.

Adam Schiff introduced Lev Parnas several times in his intense statements when Parnas was not part of the House impeachment inquiry at all. That bit of scandal came after the House voted on the final resolution to impeach. While I am not a lawyer, one must question if that was even a lawful introduction in the first place.

Lev Parnas is a turncoat political opportunist and likely a plant infecting U.S. politics for reasons still being uncovered. Parnas has been injecting himself relationships both in Ukraine and the United States by ingratiating his cunning tactics with people such as Rudy Giuliani, John Solomon, Victoria Toensing, Joe DiGenova, Trump family members and even Yuri Lutsenko, the former Ukrainian prosecutor general. Presently, Parnas and his business partner, Igor Fruman and two others have been charged with conspiring to violate straw and foreign donor bans by the Southern District of New York.

Going forward, the argument to watch for is the matter of ‘executive privilege’. All presidents have this privilege to protect interactions and conversations that involve matters of national security and diplomatic architecture. In a matter of criminal action, privilege cannot be asserted, yet that was in fact the case in the previous scandal of Fast and Furious when President Obama gave AG Eric Holder privilege protection and he was found in contempt of Congress for that. Moving on however…

The embedded message the impeachment managers will continue to use in their summaries will be “corrupt motives”. A president is responsible for foreign policy and is the top steward/protector of taxpayer money, not government money as to where it goes and how it is spent. One question that is not asked and should be is when Congress appropriated and approved the military aid for Ukraine in the NDAA legislation, was there a clause to fully document the status of previous military aid and to make designations of caution and sanction to Ukraine if the equipment and money did not reach or be applied for the intended use. That answer is no. The Congress relied on the Department of Defense to make a statement, which it did but only to declare that the Ukraine military had taken reform steps to address corruption, that is not a certification.

Carry on good and well informed voters.

 

Rosenstein Authorized Release of Strzok-Page Texts

Former Deputy Attorney General Rod Rosenstein acknowledged in a court filing Friday that he authorized the release of text messages between FBI officials Peter Strzok and Lisa Page to media outlets.

Image result for strzok text messages source

Rosenstein said in a declaration filed in response to a lawsuit Strzok has pending against the Justice Department and FBI that he authorized releasing the text messages to media outlets Dec. 12, 2017, the eve of his testimony before the House Judiciary Committee.

“The disclosure obviously would adversely affect public confidence in the FBI, but providing the most egregious messages in one package would avoid the additional harm of prolonged selective disclosures and minimize the appearance of the Department concealing information that was embarrassing to the FBI,” said Rosenstein, who left the Justice Department in May 2019.

Strzok, the former deputy chief of the FBI’s counterintelligence division, sued the Justice Department and FBI on Aug. 6, 2019, for unlawful termination, infringement of due process, and violations of the Privacy Act. He said he consulted with the Justice Department’s Office of Legal Affairs, which determined that there was no legal basis preventing the release of the messages, and the authorized the Justice Department’s Office of Public Affairs to provide 375 messages to a group of media outlets.

Rosenstein asserted that Strzok and Page’s privacy interests were not violated by releasing the messages because they “were sent on government phones with the knowledge that they were subject to review by FBI” and because they “were so inappropriate and intertwined with their FBI work that they raised concerns about political bias influencing official duties.”

*** Image result for strzok text messages source

The Justice Department argued that Rosenstein did his due diligence by having his aides consult with the DOJ’s top privacy official Peter Winn on the release of the text messages, and cannot be held responsible for violating the Privacy Act because there was no willful intent.

“Even if [the] Plaintiff could show that the disclosure was somehow inconsistent with the Privacy Act — the Department did not intentionally or willfully violate the statute,” the court filings read. Strzok and Page, who were both members of former Special Counsel Robert Mueller’s Russia investigation team, were caught exchanging messages that were disparaging of President Trump and highly partisan in nature throughout 2016.

Page, who eventually resigned from the Bureau, sued the DOJ last month over the release of the text messages, claiming it violated the Federal Privacy Act. She said she has suffered numerous damages including therapy costs and “permanent loss of earning capacity due to reputational damage.”

Image result for strzok text messages

Strzok also sued the DOJ last month, claiming his First Amendment Rights had been violated. He is seeking reinstatement on the basis that his firing was unconstitutional. Rosenstein’s declaration was part of the government’s defense in Strzok’s lawsuit.

Rosenstein resigned from his post with the DOJ in April and is now with a corporate law firm in Washington, D.C.

Russia Hacked Burisma Per Area 1

Someone alert Tucker Carlson that Russia is still inside our political system.

Just reported by a California based company called Area 1 it began when the whole Burisma scandal broke last Fall during the impeachment hearings.

Image result for burisma

WSJ/Volz:

Hackers believed to be affiliated with Russia’s military breached the Ukrainian gas company where former Vice President Joe Biden’s son had served on the board as it became a focus of the impeachment inquiry into President Trump, according to a U.S. cybersecurity firm.

Attempts to hack into Burisma Holdings began last November, as Congress was holding hearings into whether Mr. Trump abused his office by pressuring his Ukrainian counterpart to work with his personal lawyer, Rudy Giuliani, to investigate Mr. Biden and his son, Hunter according to research published Monday by Area 1, a California based company.

The hacking attempts are ongoing and are linked to the Russian military intelligence unit previously known as the GRU, which hacked and leaked Democratic emails during the 2016 presidential election, Area 1 said.

The Russia Embassy in Washington didn’t immediately respond to a request for comment. They have historically denied hacking into U.S. elections.

It wasn’t known what information the hackers were seeking or what they obtained, the firm said. In at least one instance, the hackers tricked the recipient of a phishing email into sharing login credentials that allowed them access into on the Burisma’s servers, the company said. Area 1’s findings were earlier reported by the New York Times.

Messrs. Trump and Giuliani have argued without evidence, that Mr. Biden’s anti-corruption push in Ukraine was designed to head off any investigation of Burisma. Both Bidens have denied wrongdoing and said they never discussed business in Ukraine.

Area 1’s documentation is found here.

In part from the preface of the report:

Like all phishing campaigns, we observe the GRU was successful because they found ways to appear authentic to their targets, rather than using any technical sophistication. Everything about their approach is technically unremarkable, yet highly effective. In this campaign the GRU combines several different authenticity techniques to achieve success: Domain-based authenticityBusiness process and application authenticityPartner and supply chain authenticityA key aspect of cyberattack preemption is having a deep understanding of cyber actor patterns and continually discovering and deconstructing campaigns to anticipate future ones. Our report is not noteworthy because we identify the GRU launching a phishing campaign, nor is the targeting of a Ukrainian company particularly novel. It is significant because Burisma Holdings is publically entangled in U.S. foreign and domestic politics. The timing of the GRU’s campaign in relation to the 2020 U.S. elections raises the spectre that this is an early warning of what we have anticipated since the successful cyberattacks undertaken during the 2016 U.S. elections.

Area 1 Security has correlated this campaign against Burisma Holdings with specific tactics, techniques, and procedures (TTPs) used exclusively by the GRU in phishing for credentials. Repeatedly, the GRU uses Ititch, NameSilo, and NameCheap for domain registration; MivoCloud and M247 as Internet Service Providers; Yandex for MX record assignment; and a consistent pattern of lookalike domains.

Special counsel Robert Mueller indicted seven officers with the G.R.U in 2018.

 

Pelosi Says ‘no war’ but What About the Gerasimov Doctrine?

The 800 lb. gorilla in the room, meaning in Congress is the 2002 AUMF, Authorization for Military Force. That was 18+ years ago and since that time warfare has changed. No longer will we see convention forces take the battlefield that looks that of Ramadi, North Korea or driving the Taliban from power in Afghanistan.

Modern warfare is best described today by the doctrine developed by Russian General Valery Gerasimov. This site has published several items on Gerasimov in recent years where in summary his military paper lays out theories of modern warfare and the new rules. The strategies include politics, cyber, media, leaks, space, fake news, conventional, asymmetric a tactics of extortion and influence.
The United States does not want war but bad guys do and they often get it.
As long as the United States responds and remains defensive on all fronts, we are in a forever war and the bad guys multiply.

The adversaries of our nation watch us more than we watch ourselves, there are divisions, departments, teams, units and various skill sets that are assigned and dedicated to all things United States all to pinpoint our weaknesses and fractures in our systems. They DO find them.
When third in the line of succession to the presidency, Speaker Nancy Pelosi calls President Trump and ‘insecure imposter’ and an ‘assassin’, it becomes one of many jumping off points for our adversaries to exploit. When the media calls Trump a liar, members of Congress use racist, unfit and unstable, the enemy takes delight.

So, taking out General Soleimani was long overdue and as for bad guys multiplying?

Source IISS report

Enter the cyber trolls, the deep fakes, the false news stories, hacks, ransomware, espionage, theft, plants, drones, terrorists embedded with migrants, illicit transfer of goods including weapons, money and people generated by rogue nations.

So, while there is little debate about the AUMF, there is a past due need to update and define all lanes of modern warfare and for a full new unanimous vote on military force which does now include cyber and space.
When Speaker Pelosi announced last week ‘NO WAR’ and the House passed a non-binding resolution to limit President Trump’s war powers against Iran, you can bet Russia was listening as were North Korea, Syria, China and even Iran.

This is a pre-911 mentality regarding foreign policy, United States doctrine and national security. Such was the case several days ago when Iran launched their cyber operation to begin brute force attacks against several targets inside the United States. The Department of Homeland Security’s CISA division (Cybersecurity and Infrastructure Security Agency) sent out several advanced warnings nationally for state and local governments as well as private business and corporations to be on the ready and harden systems with robust firewalls. They are asked for information regarding intrusions and attacks, Well, Texas Governor Abbot did respond. A few Texas state systems were the victims of of brute force cyber hits. The extent of that action appears to be rather minimal but no computer system network ever wants to reveal the damage such that it would or could invite more resulting in more ransomware.

Noted in the Gerasimov Doctrine, hard and soft power across many domains, past and over any boundaries, Russia collaborating with China, Iran and North Korea counter-balance conventional warfare with hybrid tactics and it is cheaper and often missed by experts and media until the real damage is noted.

Congress has held many hearings on what is an act of war against the United States and yet, here we are with a tired and outdated AUMF that does not address gray zone operations. Just ask Ukraine, East Europe and Crimea how Russia was successful in applying hybrid warfare tactics. Maybe we should just rename the Gerasimov Doctrine civilian military operations, perhaps the Democrats and Pelosi would better understand the burdens of the Commander in Chief and that of the Secretary of Defense along with the intelligence agencies. It is an ugly world.

Iran Announces No More Compliance to Nuclear Deal

Let’s begin with some side deals made that John Kerry, Barack Obama and Europe never admitted to shall we? Check the date of that tweet…I have been calling for President Trump to declassify documents related to all the years of negotiations since early 2017.

 

At least three media sources are reporting:

*Iran Says Will No Longer Comply With Nuclear Enrichment Limits Under 2015 Deal – Iran Media

*Iran Says Won’t Respect Nuclear Deal Commitments on Enrichment Uranium Stockpile, Purity, Research – Iran Media

*Iran Says Will Continue to Work with U.N. Atomic Agency Inspectors – Iran Media

There are written steps Iran must take to make changes to the JCPOA. There is no indication of what the steps are and when the steps will be taken. Iran is at the 5th and final step regarding non-compliance/commitment. Of particular note, since May, Iran has been reducing its nuclear commitments with a series of steps every 60 days already. Last November, Iran gave Britain, France and Germany yet another 60 day extension to salvage the deal or face further non-compliance. The deadline came and went.

The European Union has continued attempts for a diplomatic salvage, so far to no avail. Now, leaders are meeting in Brussels to discuss the nuclear deal and how to de-escalate tension since the strike to kill General Qasim Soleimani.

France is especially committed to the Iran nuclear deal and is urging Iran to stay with the landmark 2015 agreement.

Iran’s President Rouhani made a state television appearance stating it remains open to negotiations with European partners. Iran is desperate to sell its oil to Europe and to maintain trade with Europe as the Iranian economy is in a financial free-fall. Watch for epic smuggling directed by Iran….

The International Atomic Energy Agency has not yet responded regarding Iran’s assertion. Iranian officials are to meet in the coming days to discuss that final 5th step in separating from the nuclear deal. Iran has already previously broken limits of enrichment, stockpiles and centrifuges.

Meanwhile to further complicate tensions in the Middle East, Iran is pulling out the whole cultural protections law noted in the 1954 Hague Convention.

The 1954 Hague Convention, of which the U.S. is a party, bars any military from “direct hostilities against cultural property.” However, such sites can be targeted if they have been re-purposed and turned into a legitimate “military objective,” according to the International Committee of the Red Cross.

Iran, home to 24 UNESCO World Heritage sites, has in the past reportedly guarded the sprawling tomb complex of the Islamic Republic’s founder, Ayatollah Ruhollah Khomeini, with surface-to-air missiles.

This past November:

The head of Iran’s nuclear program said that Tehran was now operating double the amount of advanced centrifuges than was previously known in violation of its atomic deal with world powers.

The announcement came as Iranians marked the 40th anniversary of the 1979 U.S. Embassy takeover and start of the 444-day hostage crisis.

The decision to operate 60 IR-6 advanced centrifuges means that the country can produce enriched uranium 10 times as fast as the first-generation IR-1s allowed under the accord.

The nuclear deal limited Iran to using only 5,060 first-generation IR-1 centrifuges to enrich uranium by rapidly spinning uranium hexafluoride gas. Salehi also said Tehran was working on a prototype centrifuge that’s 50 times faster than those allowed under the deal.

By starting up these advanced centrifuges, Iran further cuts into the one-year time limit that experts estimate Tehran would need to have enough material to build a nuclear weapon, if it chose to pursue one.