Posted on March 03 2019
I am going to try something new and hopefully this will offer a bit of organization, improved time management and be of informational value to you. I think we can all agree in the age of Trump, it is extraordinary difficult to keep up.
It’s like being on a never ending treadmill....😂👇🏻Snorting👇🏻😂
Henceforth each Sunday (night) I will push out a weekly docket/schedule of the forthcoming week’s notable events. My goal is this will better inform you for Be On The Look Out (BOLO) of what you should focused on. What significant events the week willl bring and what you should pay attention to...at least in my humble opinion you should pay attention to. Let’s be honest it’s easy to become distracted.
Also: I know a lot of you have asked if or when will I return to Twitter. Short answer? As of writing this particular blog entry, it’s just not in the cards. Twitter has become a nasty weapon of destruction, a vacuous cesspool of toxicity, disinformation, rage and frankly it just isn’t a place for any “healthy or substantive” public square/discussion.
Please see below for a more fulsome explanation of my rationale:
Twitter: has a known flaw in their network and various Twitter trolls have weaponized that algorithm flaw.
Trolls: fraudulently mass report target accounts (like mine) and this automatically triggers Twitter’s algorithm to suspend “target account”
Spicy got the Chris Nethery Twitter ban, gosh what is it that I was tweeting that a digital army consistently targeted me and why would Twitter allow such egregious actions (more on that later)
I am convinced that my account @SpicyFiles (see archive of analytics, live URL here) actually had some type of actual human intervention. My initial appeal request was adjudicate (using that term loosely) in less than 6 hours. On late Friday night I received bit of metadata which offered some confirmation that it appears Twitter actually banned my media access control address (MAC address) for my primary tablet. Late last night I received the following email from Twitter. It’s vexing. And then earlier today I had 118+DMs in my Twitter API. For the record I have not returned to Twitter...
The only reasonable conclusion I have is an actual person inside twitter intervened. I do not use any of my work devices to access Twitter. It is a purposeful bifurcation I established as to never cross my data steams. Long Story short? I can’t see myself returning to Twitter any time soon. It’s weird how Twitter ends up suspending the accounts that are the victims of doxxing and protracted targeted cyber harassment. For now I am exactly where I need to be, here on this blog.
Sunday’s SpicyFiles BOLO - week of March 3rd
This could be a very bumpy week, so I would get plenty of rest, drink lots of OJ and strap in. As I previously said March-Sentencing-Lollapalooza.
Paul Manafort EDVA:
As previously discussed on February 23, 2019 entry, I walked you through the Special Counsel’s Office sentencing memorandum for his DDC Case, found here and then I walked you through Manafort’s February 26, 2019 sentencing memorandum, found here. 👈🏻Remember I walked you through what I thought Manafort’s strategy was. Meaning I reminded you that Gates’ had multiple interviews with the FBI in January and February of 2019 and I explained that I was confident that Manafort’s play was Brady Material.
March 1, 2019 EDVA:
Manafort filed two motions in the late evening of March 1, 2019. Admittedly I was otherwise preoccupied with work and frankly just too exhausted at go in to each of Manafort’s EDVA filings. However let’s correct that mistake, at all relevant times, unless otherwise noted this pertains to Manafort’s upcoming sentencing hearing (slated for later this week);
Manafort Case 1:18-cr-00083-TSE (EDVA) Status Rreport, document number 319; and sure enough the Brady Material argument is exactly what Manafort argues on page 1, second paragraph which reads in part:
(exculpatory evidence; means it’s helpful to the defendant)
February 26, 2019, the Special Counsel submitted a sealed supplemental memorandum with respect to the DC court’s February 13, 2016 ruling which contained material that the defendant contends is covered by Brady v. Maryland, 373 U.S. 83 (1983). The Brady material is exculpatory with respect to an argument made by the Special Counsel and accepted by the D.C. court in its finding that Mr. Manafort lied to the Special Counsel..
Manafort’s attorney goes on to argue and re-emphasizes the import of un-redacted transcripts and other filings. I can’t say I blame them, they are doing what they can given how disadvantaged their client is, by way of Manafort’s own conduct. Again others might not take the time to tell you this, but you need to understand that Judges are given wide discretion and they almost often take in to account the Defendant’s prior acts when determining the Sentence upon issuing a final Judgement.
Moving on to page 2m first paragraph:
For the record, I am not going to relitigate Judge Ellis’ conduct during Manafort’s EDVA trial. Nonetheless I will say the media and many on social media were entirely quick to admonish Judge Ellis. Especially judicial pundits, who opted to focus on his style versus paying attention to how Judge Ellis rules his Courtroom. If you are unfamiliar with Judge Ellis, of course it’s easy to scream:
OMFG he’s the worst judge ever.
He lacks the prerequisite judicial temperament, etc.
Granted some of those opinions/criticisms may or may not have merit, but having spent a decent amount of time in Judge Ellis’ courtroom, I can tell you from first hand experience, I was not the least bit suprised by his conduct during Manafort’s trial. Yes on two occasions Ellis may have gotten over his skis but he was quick to give the Jury additional jury instructions. And moved in a swift manner to remedy the record.
He can be extremely tough (especially if you come to his courtroom unprepared) but he is also a very pragmatic, thoughtful and measured Judge. What you might not appreciate about Judge Ellis “style” is, he makes prosecutors and defense attorneys far better practitioners of the law. He does not tolerate attorneys who waste his time and he’s not one to obsess over the profunctory cordialness. Although he is a prankster, in a fun way, if he cracks a joke then you can momentarily let out a btreath. You should also know that Judge Ellis is highly respected in EDVA-Alexandria and beltway legal community at large. He has a long history of a no-nonsense just “get to the point” kind of Judge. Furthermore Judge Ellis has one of the lowest, if not the lowest overturn on appeal rates within the Fourth Circuit Court of Appeals.
Moving on to page 2, second paragraph and the footnote. This is what you call Manafort throwing himself on the ground and postulating while acknowledging he is in fact at the mercy of the Court. Again I’m not faulting Manafort’s attorneys. They were dealt a really shitty hand of cards and they are doing their best in representing their client, who I might add, also lied to them repeatedly.
The footnote on page 2 is what I’d call some Grade AA serious lawyering. Just so you know “avers” is legalese for: “asserts to be the case”. The plain reading out Manafort’s filing, yes his attorneys are doing what most competent defense attorneys do, they are arguing semantics because they know that on the merits of this case, their client is guilty, beyond a reasonable doubt. Manafort put his attorneys are in an untenable and unsustainable position. Full Stop.
Now that you’ve had your Manafort EDVA amuse-bouche...(by way of that abbreviated Joint Status Report), let’s move on to the entree, shall we?
SCO EDVA Sentencing Memorandum February 15, 2019 see archived thread here and here and here Apologies for the disjointed twitter threads but that’s what you get when Twitter allows a known group of doxers to harass me for over two years.
Manafort EDVA Sentencing Memorandum:
As previously stated Manafort simultaneously filed his Joint Status Report and his Sentencing Memorandum late in the evening of March 1, 2019. His sentencing memorandum is 41 pages long and it’s not very persuasive. In fact I would argue that Manafort’s filing is actually a weak, lacks factual predicate to request such a drastic reduction in sentencing...
U.S. Probation Office has calculated, under the U.S. Sentencing
Guidelines an advisory sentencing range of 235 to 293 months’ imprisonment. This range—roughly 19.5 to 24 years —is clearly disproportionate to the offense conduct for which Mr. Manafort was convicted. In its submission the Special Counsel’s Office takes no specific sentencing position...
This is the portion of Manafort’s argument that is without merit or actual logic. Given the totality of Manafort’s conduct post the October 2017 Indictment, the two subsequent superseding indictments, the witness tampering and violation of the DDC Gag Order...I do not understand how Manafort’s attorneys could file this in good faith. It is offensive but then again his attorneys are doing the best they can given the unfortunate circumstances their client put them in.
The defense submits that a sentence substantially below the range calculated by Probation is warranted in light of the fact that the defendant is a first-time offender and given the nature of the offenses for which Mr. Manafort was convicted.
The footnote on page 2, it is clear to me that Manafort’s attorneys do not know how Judge Ellis works or what are his hot buttons. The fact Manafort’s attorneys used Judge Ellis’ “tighten the screws”...as I’ve said if you don’t know Judge Ellis he can and does come off as cantankerous but he’s actually a very fair Judge. This is a calculated risk Manafort’s attorneys took and I have a feeling it’s not going to work out that well for them or their client.
While factually speaking Manafort’s attorneys are correct but it would be irresponsible to not remind you that on the hung “counts” the Jury was 11:1 that’s hardly a sign of “the glove didn’t fit, you just aquit”
As a refresher you can read Manafort’s EDVA Jury Sheet here, as detailed on pages 2 and 3 itemize the “hung” counts. If you recall after the EDVA Jury was discharged another Juror started making the rounds on various news programs. See below.
Manafort EDVA Juror Speaks Out:
Once a jury has been formally discharged they are no longer obligated to remain silent. In my experience and depending on the profile of a case, most jurors simply return to their normal lives and decline to speak to the media. Given how high profile the Manafort Case was, having a Juror agree to numerous interviews helped those of us (who were not on the jury) understand what occurred during the jury deliberations. At the end of the Ray this is how our judicial system works. In Manafort’s EDVA case there was one lone juror who ”held out”.
It is completely natural speculate on the “ why” but the reality is we may actually never know. Since the juror in question never came forward and presumably turned down interview request. The juror that did agree to appear on a plethora of TV interviews slipped by using a pronoun. I’m not inclined to reemphasize if the juror in question is a he or she. If you’ve ever served on a jury, been part of a legal team for jury selection or prepared a witness you’ll understand that Jurors are fulfilling a civic duty so I’m not one that would critize that civic service.
Now back to Manafort’s March 1st sentencing memorandum. The Defendant failed to report (taxable) income in the cumulative about of: $16,471,046.00 This means that Manafort did not pay taxes on those funds, see SCO Exhibit 77 found here.
See the Government’s Exhibit on Monies in Foreign Accounts and payments to numerous vendors. The fact Manafort’s attorneys are trying to portray him as a stand up guy is just offensive.
It also goes without saying that the DDC Judge found, based on the preponderance of evidence (and legal standard) that Manafort did in fact lie to: the Special Counsel’s Office, the FBI, others in the DOJ and (I’d argue most importantly) the DC Grand Jury...
As such a reasonable person could easily conclude that Manafort’s fifty hours with investigators, twice before the Grand Jury was an extraordinary waste of precious government resources...
WHAT DID I TELL YOU ABOUT THE SARS LEAKS?
Granted one could argue that Manafort is reaching here, but the factual matter is those SARS leaks have the ability to reach in to criminal and counterintelligence investigations and by impermissiblly leaking sensitive financial information you give a defendant like Manafort a solid argument...it make zero excuses for my position on sensitive personally identifiable information such as SARs...when Edwards and Fry were indicted I believe my pronouncement was: WTFINGF, stop leaking to Attorneys and the Media, in doing so those actions could have unimaginable consequences on the thousands of hours Federal Investigators and Prosecutors have spent building criminal cases...
Pages 5 thru 14 are quite literally “but your honor Mr Manafort is a great guy, his elementary school friend wrote a letter, as did his entire family, please don’t send him to jail”. By the time I reached page 6, I rolled my eyes, titled my head backwards and my mouth began screaming WTF, no really WTFINGF. To the point I was yelling with such audible force that one of my kids was like “young lady what did I tell you, we don’t cuss on Sunday...” /snort
You also might want to look at the SCO Exhibits of the Foreign Accounts, not only the monies in the accounts, it’s the authorized persons, as in Gates & Klimnik, I vaguely remember this being mention in Manafort’s Summer 2018 EDVA trial but this Exhibit is a thing to behold.
What is somewhat interesting Manafort continuously states he wasn’t charged with any crimes that link his activity to Trump, the 2016 Campaign...did he think we forgot about:
Federal Savings Bank Mortgage Fraud? The giving of Tony “da tiger” Fabrizio’s internal polling data to Konstantin Klimnik? The 2016 RNC Ukraine platform change? The selling of Steve Calk’s Army Secretary Position?
жаль не жаль
оставайся сильным Пол,
Трамп простит тебя
SpicyFiles Manafort prediction:
in the EDVA matter, I’m going with Judge Ellis will sentence Manafort to >11.t years in prison, >$1.25 million in fines and >$7.25million in restitution, that’s above and beyond the assets forfeiture. I also would not be surprised if Judge Ellis addresses the Trump pardoning of Manafort and how that should be construed as President Trump dangling pardons to obstruct justice.
House Judiciary Trump Abuse of Power
As you might recall House Judiciary Chairman Nadler did not mince words, at all.
BREAKING: @GStephanopoulos: "Do you think the president obstructed justice?"— ABC News (@ABC) March 3, 2019
House judiciary chairman Jerry Nadler: "Yes, I do. It's very clear that the president obstructed justice" https://t.co/YaWpzth66u pic.twitter.com/m7TiPwAKyo
But I would mark your calendars for Wednesday’s Hearing:
Wednesday, March 6, 2019 🇺🇸Full Committee: 10:00AM
Hearing: Protecting Dreamers and TPS Recipients
Linkto hearing (streaming available) can be found here
House DHS Appropriations:
I would tune in to this hearing as well, DHS Office of Inspector General, (acting’s IG): John V. Kelly
This link will likely have DHS OIG Kelly’s written statement published the night before, it is unclear what the subject matter of the hearing will be but a Hill Birdie sent me a whisper to BOLO for this hearing which likely means it’s about Trump’s Southern Border Borscht Bullshit and/or Unaccompanied Minors via the Zero Tolerance Policy.
Resolution Trump National Emergency:
As expected the House easily passed the Resolution to terminate Trump’s nonsense National Emergency. This week we will find out if Yurtle-da-Turtle has the chutzpah to keep his Republican Senate Caucus together. Personally speaking I have zero faith in Sen Rand Paul. Every time the Sunday media pundits start fawning over Rand “Ruble” Paul. And every time he gets in line...as of right now there’s zero vote on the resolution on the Senate Calendar.
but you know what’s on Yurtle-da-Turtle’s Senate calendar? Dozens and dozens of Judicial Nominees. See pages 4-10...it’s mind blowing
And lastly because some of you have asked me, after two+years of nonstop harassment, doxxing, failed doxxing, redoxxing, real life friends who turned out to be nothing more than part of that league of doxxing crew, why on earth would I continue to subject myself to this nonsense?
Easy: I’m American and Russia attacked my/our Country. They attacked the very core of our Democracy. We have an actual mobster in our house, who’s running a criminal enterprise from 1600 Pennsylvania Ave. Trump and his policies are antithetical to real American values.
I will keep fighting by using my skill set to research, dogged determination to find actual facts and doing my best to help others similarly situated. Facts and receipts bring me to some solace and that’s the real reason I joined Twitter. I didn’t join twitter to monetize the actual constitutional crisis our country is currently facing.
I know that we as a Country are going to get through this long American Nightmare aka the actual shithole and “so called” Trump presidency. That our Government Institutions like the FBI, our Intelligence Community, and our Judiciary are being stress tested, but we need to stop annihilating each other. We need to stop ripping each other to shreds. If we continue with the ultra partisan attacks, making political “wins” based on sleazy & unethical stunts. That’s not a clean or fair win.
But I would like to ask you a simple question, while Americans are eviscerating each other on various social media platforms, at family holidays...do you know who actually wins? Our Adversaries and other hostile non-nation state enemies who mean to do our Country harm, at any and all cost.
I would much rather be part of an actual solution versus propagating a derisive “Us vs Them” and/or “mob-like” mentality. I made a conscious decision to use what limited free time I have by researching, reading and synthesizing that data into understandable and easy to digest nuggets. It’s what I do best. I’m not always right, I’ve gotten a few things wrong but upon discovering I was wrong, I immediately owned it, apologized for my folly and endeavored to not repeat it. Research and fact hunting helps me find the sunlight. And trust me I’ve jumped down so really nasty dark holes. Even so, when I was on Twitter, I rarely engaged in the drama or trolls. I would pivot to data, as I’m data scrapping the troll accounts. After all knowledge is power and sharing is caring <wink>
I also quickly learned that if said Twitter account does zero original research or its timeline shows the sole purpose for that twitter account is to harass other twitter users, by starting fights. I just didn’t want any of that madness. Why? Because it’s dumb and so counter productive. Not sorry for yelling because this is kind of important:
WE HAVE FAR BIGGER PROBLEMS
THAT ARE FOR MORE IMPORTANT and PRESSING
than stupid sophomoric Twitter fights.
EITHER YOU JOIN ME IN FINDING A MUTUAL AGREEABLE SOLUTION
or get out of my way because your drama is a vacuous time suck.../snort/
Part of psychological warfare is to get inside your opponent’s head. Your “enemy” plants a seed/thought and then purposely pits people against each other. I know what side of this fight I am on, the question is do you?
So yes you can knock me down, but I’ll get right back up and keep going. Unlike some, I know what we should focus on. Everyday that Trump is in office is another day that he is destroying what I love about our Country. Trump isn’t taking us forward, Trump is taking us backwards. And I’ll be damned if I’m going to let trolls try to distract me from what’s really important.
Protecting our Democracy from “all enemies, foreign and domestic”
Ensuring Trump is upholding OUR Constitution & “take care clause”
Solidfying the promises and bonds of our most trusted Allies
A few weeks ago a mutual friend of mine saw in-real-time what our “friend” did me. I think they sensed that I was about one more tweet away from me losing my shit. I’ve known this person for about 16 years and they are that kind of friend who just innately knows right versus wrong and when you need a morale boost. She knows that this is in my office sitting on my desk (because she bought me the plaque as a “sister” gift. But she took the time to text it to me.
“People are illogical, unreasonable, and self-centered.
Love them anyway.
If you do good, people will accuse you of selfish ulterior motives.
Do good anyway.
If you are successful, you will win false friends and true enemies.
The good you do today will be forgotten tomorrow.
Do good anyway.
Honesty and frankness make you vulnerable.
Be honest and frank anyway.
The biggest men and women with the biggest ideas can be shot down by the smallest men and women with the smallest minds.
Think big anyway.
People favor underdogs but follow only top dogs.
Fight for a few underdogs anyway.
What you spend years building may be destroyed overnight.
People really need help but may attack you if you do help them.
Help people anyway.
Give the world the best you have and you’ll get kicked in the teeth.
Give the world the best you have anyway.”
The Paradoxical Commandments by Dr. Kent M. Keith
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