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A PPROFESSIONALROFESSIONAL A A SSOCIATIONSSOCIATION
Larry
Larry Klayman, Klayman, Esq. Esq. 2020 2020 Pennsylvania Pennsylvania Ave. Ave. N.W., N.W., #800 #800 Tel: Tel: 310-595-0800310-595-0800 Washingto
Washington, DC, 20n, DC, 20006 006 Fax: 202-Fax: 202-379-9289379-9289
VIA FACSIMILE
VIA FACSIMILE TRANSMISSIONTRANSMISSION EXPEDITED PROCESSING ANDEXPEDITED PROCESSING AND
AND FEDERAL EXPRESS
AND FEDERAL EXPRESS TREATMENT REQUESTEDTREATMENT REQUESTED
December 3, 2018 December 3, 2018
Hon. Matthew G. Whitaker Hon. Matthew G. Whitaker
Attorney General of the United States (Acting) Attorney General of the United States (Acting) U.S. Department of Justice
U.S. Department of Justice
950 Pennsylvania Avenue, N.W. 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530
Washington, D.C. 20530 Hon. Brian A. Benczkowski Hon. Brian A. Benczkowski Assistant Attorney General Assistant Attorney General Criminal Division
Criminal Division
U.S. Department of Justice U.S. Department of Justice
950 Pennsylvania Avenue, N.W. 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530
Washington, D.C. 20530 Hon. Jessie K. Liu
Hon. Jessie K. Liu
U.S. Attorney for the District of Columbia U.S. Attorney for the District of Columbia 555 4th Street, N.W.
555 4th Street, N.W. Washington, D.C. 20530 Washington, D.C. 20530 Hon. Robin C. Ashton Hon. Robin C. Ashton
Chief of Office of Professional Responsibility Chief of Office of Professional Responsibility U.S. Department of Justice
U.S. Department of Justice
950 Pennsylvania Avenue, N.W. 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530
Washington, D.C. 20530 Hon. Michael E. Horowitz Hon. Michael E. Horowitz Inspector General
Inspector General
U.S. Department of Justice U.S. Department of Justice
950 Pennsylvania Avenue, N.W. 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530
Washington, D.C. 20530 Hamilton Fox, Esq. Hamilton Fox, Esq.
Bar Disciplinary Counsel Bar Disciplinary Counsel District of Columbia Bar District of Columbia Bar Building A, Suite 117 Building A, Suite 117 515 5th Street, N.W. 515 5th Street, N.W. Washington, D.C. 20001 Washington, D.C. 20001
RE:
RE: COMPLAINT AGAINST COMPLAINT AGAINST SPECIAL COUNSEL SPECIAL COUNSEL ROBERT MUELLER ROBERT MUELLER ANDAND PROSECUTORIAL STAFF AND REQUEST FOR EXPEDITED INVESTIGATION PROSECUTORIAL STAFF AND REQUEST FOR EXPEDITED INVESTIGATION INTO GROSS PROSECUTORIAL MISCONDUCT AND CRIMINAL ACTS OF INTO GROSS PROSECUTORIAL MISCONDUCT AND CRIMINAL ACTS OF PROSECUTING
PROSECUTING ATTORNEYS IN THE ATTORNEYS IN THE CRIMINAL INVESTIGATION OF CRIMINAL INVESTIGATION OF DR.DR. JEROME CORSI, PH.D.
JEROME CORSI, PH.D.
Dear Ladies and Gentlemen: Dear Ladies and Gentlemen:
Dr. Jerome Corsi, Ph.D. (“Dr. Corsi”) files this Complaint by and through his counsel Dr. Jerome Corsi, Ph.D. (“Dr. Corsi”) files this Complaint by and through his counsel Mr. Larry Klayman (“Mr. Klayman”). Mr. Klayman is a former prosecutor in the Department of Mr. Larry Klayman (“Mr. Klayman”). Mr. Klayman is a former prosecutor in the Department of Justice’s (“DOJ”) Antitrust Division and the founder and former chairman of Judicial Watch, as Justice’s (“DOJ”) Antitrust Division and the founder and former chairman of Judicial Watch, as well as the founder, chairman, and general counsel of Freedom Watch. Mr. Klayman was also well as the founder, chairman, and general counsel of Freedom Watch. Mr. Klayman was also formerly a U.S. Senate candidate in the State of Florida in 2004. Given his background, Mr. formerly a U.S. Senate candidate in the State of Florida in 2004. Given his background, Mr. Klayman holds a great deal of respect for the Office of the Attorney General and the DOJ, but Klayman holds a great deal of respect for the Office of the Attorney General and the DOJ, but nonetheless believes that this Complaint is necessary. Mr. Klayman took the same oath to nonetheless believes that this Complaint is necessary. Mr. Klayman took the same oath to administer to and mete out justice within the bounds of ethics and the law as a member of the administer to and mete out justice within the bounds of ethics and the law as a member of the DOJ just as Special Counsel Robert Mueller and the prosecutors specifically hired by Mr. DOJ just as Special Counsel Robert Mueller and the prosecutors specifically hired by Mr. Mueller did.
Mueller did.
I. INTRODUCTION
I. INTRODUCTION
On or about May 17, 2017, Robert Swan Mueller III (“Special Counsel Mueller”) was On or about May 17, 2017, Robert Swan Mueller III (“Special Counsel Mueller”) was appointed as a Special Counsel for a limited purpose investigation as defined by the order of appointed as a Special Counsel for a limited purpose investigation as defined by the order of Deputy Attorney General Rod Rosenstein. A copy of Robert Mueller’s appointment as Special Deputy Attorney General Rod Rosenstein. A copy of Robert Mueller’s appointment as Special Counsel is attached as Exhibit A. Dr. Corsi has been investigated by Special Prosecutor Mueller Counsel is attached as Exhibit A. Dr. Corsi has been investigated by Special Prosecutor Mueller and the attorneys whom he hired to serve as prosecutors under him, including but not limited to (a) and the attorneys whom he hired to serve as prosecutors under him, including but not limited to (a) Jeannie S. Rhee, (b) Andrew
Jeannie S. Rhee, (b) Andrew D. Goldstein, (c) Aaron S.J. Zelinsky, and D. Goldstein, (c) Aaron S.J. Zelinsky, and (d) L. Rush Atkinson.(d) L. Rush Atkinson. This Complaint concerns the politically-motivated criminal investigation of Dr. Corsi, an This Complaint concerns the politically-motivated criminal investigation of Dr. Corsi, an investigative journalist, whose activities are protected by the First Amendment to the U.S. investigative journalist, whose activities are protected by the First Amendment to the U.S. Constitution. Dr. Corsi has been threatened with immediate indictment by Mueller’s prosecutorial Constitution. Dr. Corsi has been threatened with immediate indictment by Mueller’s prosecutorial
staff unless he testifies falsely against Roger Stone and/or President Donald Trump and his staff unless he testifies falsely against Roger Stone and/or President Donald Trump and his presidential campaign, among other false testimony.
presidential campaign, among other false testimony.
Dr. Corsi is placed in an impossible, no-win scenario and is in immediate legal jeopardy. If Dr. Corsi is placed in an impossible, no-win scenario and is in immediate legal jeopardy. If he were to lie under oath to testify as the Special Prosecutor and his prosecutorial staff demand, he were to lie under oath to testify as the Special Prosecutor and his prosecutorial staff demand, some later prosecutor could accuse Dr. Corsi of perjury and/or violating any plea deal. The Special some later prosecutor could accuse Dr. Corsi of perjury and/or violating any plea deal. The Special Prosecutor and his prosecutorial staff have already accused Dr. Corsi of lying when Dr. Corsi is in Prosecutor and his prosecutorial staff have already accused Dr. Corsi of lying when Dr. Corsi is in fact telling the truth and told the truth. Either way, Dr. Corsi remains at risk of a perjury fact telling the truth and told the truth. Either way, Dr. Corsi remains at risk of a perjury prosecution without the relief demanded.
prosecution without the relief demanded.
Dr. Corsi is being investigated for the “crime” of doing his job as a foreign policy and Dr. Corsi is being investigated for the “crime” of doing his job as a foreign policy and national security journalist. For decades, Dr. Corsi has been a recognized and distinguished national security journalist. For decades, Dr. Corsi has been a recognized and distinguished investigative journalist, who has published 20 news analysis books written regularly in news investigative journalist, who has published 20 news analysis books written regularly in news outlets. Some of these books were
outlets. Some of these books were New York Times Bestsellers.New York Times Bestsellers.
In a March 10, 2015 press conference, former U.S. Secretary of State Hillary Clinton In a March 10, 2015 press conference, former U.S. Secretary of State Hillary Clinton admitted that as Secretary of State she had conducted U.S. Government business through a admitted that as Secretary of State she had conducted U.S. Government business through a non-government, private email server. Secretary Clinton stated that she had turned over 30,490 emails government, private email server. Secretary Clinton stated that she had turned over 30,490 emails but deleted nearly 32,000 others.
but deleted nearly 32,000 others.
Immediately after March 10, 2015, people experienced in foreign affairs and national Immediately after March 10, 2015, people experienced in foreign affairs and national security instantly recognized to a virtual certainty that Clinton’s emails had already been acquired security instantly recognized to a virtual certainty that Clinton’s emails had already been acquired by
by the the espionage espionage services services of of every every major major nation nation and and perhaps perhaps passed passed on on to to terrorist organizations,terrorist organizations, because (a) the
because (a) the server was not server was not secure and secure and (b) communications of the (b) communications of the U.S. Secretary of U.S. Secretary of State wouldState would be a high priority for spy agencies.
be a high priority for spy agencies.
Dr. Corsi was only one of hundreds of journalists protected by the First Amendment to the Dr. Corsi was only one of hundreds of journalists protected by the First Amendment to the U.S. Constitution while investigating the story. Ultimately, this story led to further, but different, U.S. Constitution while investigating the story. Ultimately, this story led to further, but different, revelations that Wikileaks was releasing emails from the computer servers of the Democratic revelations that Wikileaks was releasing emails from the computer servers of the Democratic
National
National Committee Committee (“DNC”) (“DNC”) on on Friday, Friday, July July 22, 22, 2016.2016.11 “On the evening of July 5, 2016, 1,976“On the evening of July 5, 2016, 1,976
megabytes of data were downloaded from the DNC’s server. The operation took 87 seconds . . . No
megabytes of data were downloaded from the DNC’s server. The operation took 87 seconds . . . No
Internet service provider . . . was capable of downloading data at this speed.”
Internet service provider . . . was capable of downloading data at this speed.”22
Wikileaks actually announced before July 22, 2016, that it would release DNC documents Wikileaks actually announced before July 22, 2016, that it would release DNC documents and do so in several batches, which was widely reported ahead of time, including in The New York and do so in several batches, which was widely reported ahead of time, including in The New York Times.
Times. SeeSee Exhibit B, attached. Readers of The New York Times and other news received the same Exhibit B, attached. Readers of The New York Times and other news received the same foreknowledge from mid to late July of which the Special Counsel's office now accuses Dr. Corsi foreknowledge from mid to late July of which the Special Counsel's office now accuses Dr. Corsi and Roger Stone of supposedly acquiring in August 2016.
and Roger Stone of supposedly acquiring in August 2016.
Dr. Corsi – as he has stated publicly – noticed that emails to and from Hillary Clinton’s Dr. Corsi – as he has stated publicly – noticed that emails to and from Hillary Clinton’s campaign manager John Podesta were conspicuously missing from the July 22, 2016 public-release campaign manager John Podesta were conspicuously missing from the July 22, 2016 public-release of DNC emails. Employing his professional skills and considerable experience as an analyst and of DNC emails. Employing his professional skills and considerable experience as an analyst and investigative journalist, Dr. Corsi logically concluded that Wikileaks would release Podesta’s investigative journalist, Dr. Corsi logically concluded that Wikileaks would release Podesta’s emails soon in a second round “data dump” from the same group of DNC emails stolen on July 5, emails soon in a second round “data dump” from the same group of DNC emails stolen on July 5, 2016.
2016.
Special Counsel Mueller and his prosecutorial staff, however, have misrepresented the Special Counsel Mueller and his prosecutorial staff, however, have misrepresented the investigative research of hundreds of journalists into a false narrative that Dr. Corsi and/or Roger investigative research of hundreds of journalists into a false narrative that Dr. Corsi and/or Roger Stone “colluded” with Russian intelligence services. Mr. Mueller interprets a reporter trying to Stone “colluded” with Russian intelligence services. Mr. Mueller interprets a reporter trying to reach out to a news source into conspiracy. U.S. journalists have been accused for decades by reach out to a news source into conspiracy. U.S. journalists have been accused for decades by authoritarian governments of being spies. Mr. Mueller now promotes this dangerous idea that authoritarian governments of being spies. Mr. Mueller now promotes this dangerous idea that
1
1 Tim Hamburger and Karen Tumulty, “Tim Hamburger and Karen Tumulty, “WikiLeaks releases thousands of documents aboutWikiLeaks releases thousands of documents about Clinton and internal deliberations,” The Washington Post, July 22, 2016,
Clinton and internal deliberations,” The Washington Post, July 22, 2016,
https://www.washingtonpost.com/news/post-politics/wp/2016/07/22/on-eve-of-democratic- convention-wikileaks-releases-thousands-of-documents-about-clinton-the-campaign-and-internal-deliberations/ deliberations/.. 2
2 Patrick Lawrence, "A New Report Patrick Lawrence, "A New Report Raises Big Questions About Last Year’s DNC Hack,"Raises Big Questions About Last Year’s DNC Hack," The Nation, August 9, 2017;
The Nation, August 9, 2017;https://www.thenation.com/article/a-new-report-raises-big-questions- https://www.thenation.com/article/a-new-report-raises-big-questions-about-last-years-dnc-hack/
journalists who
journalists who are gathering are gathering news are news are engaged engaged in intrigue. in intrigue. But Dr. But Dr. Corsi trying Corsi trying to contact to contact a newsa news source to learn more details about his widely-annou
source to learn more details about his widely-announced plans came far too late.nced plans came far too late.
This Complaint documents concerns about the Special Counsel prosecutorial staff’s This Complaint documents concerns about the Special Counsel prosecutorial staff’s violations of the Rules of Professional Responsibility of the District of Columbia (“D.C.”) Bar violations of the Rules of Professional Responsibility of the District of Columbia (“D.C.”) Bar (which on the points at issue are the same as in other jurisdictions relevant herein). The Special (which on the points at issue are the same as in other jurisdictions relevant herein). The Special Counsel and the private attorneys whom Mr. Mueller hired as temporary prosecutors have Counsel and the private attorneys whom Mr. Mueller hired as temporary prosecutors have especially violated all of Rule 3:8.
especially violated all of Rule 3:8.
Therefore, this Complaint is also addressed to Bar Counsel for the D.C. Bar, citing the Therefore, this Complaint is also addressed to Bar Counsel for the D.C. Bar, citing the violated Rules, whose violations should be ob
violated Rules, whose violations should be obvious from the facts cited herein.vious from the facts cited herein.
This Complaint concerns the violations of law and regulation set forth in detail below on or This Complaint concerns the violations of law and regulation set forth in detail below on or about the date(s) of August 28, 2018 through November 26, 2018, in the County of Morris in the about the date(s) of August 28, 2018 through November 26, 2018, in the County of Morris in the State of New Jersey and in the District of Columbia, mostly in an unmarked Federal Bureau of State of New Jersey and in the District of Columbia, mostly in an unmarked Federal Bureau of Investigation’s (“FBI”) building in Southeast Washington, D.C.
Investigation’s (“FBI”) building in Southeast Washington, D.C.
This Complaint also concerns other DOJ personnel. For example, Deputy AG Rosenstein’s This Complaint also concerns other DOJ personnel. For example, Deputy AG Rosenstein’s involvement has already and will violate Rule 3:7 of the Rules of Professional Responsibility involvement has already and will violate Rule 3:7 of the Rules of Professional Responsibility known as the “attorney witness rule,” as extended by the obligations incumbent upon an attorney known as the “attorney witness rule,” as extended by the obligations incumbent upon an attorney who supervises line attorneys and prosecutors.
who supervises line attorneys and prosecutors.
II.
II. PERSONNEL PERSONNEL OF OF SPECIAL SPECIAL PROSECUTOR’S PROSECUTOR’S OFFICEOFFICE
Special Prosecutor Mueller’s office demanded that Dr. Corsi sign the plea agreement Special Prosecutor Mueller’s office demanded that Dr. Corsi sign the plea agreement attached as Exhibit C, in return for Dr. Corsi testifying against Roger Stone and President Donald attached as Exhibit C, in return for Dr. Corsi testifying against Roger Stone and President Donald Trump (or his campaign) and for leniency in punishment upon pleading guilty to one single count. Trump (or his campaign) and for leniency in punishment upon pleading guilty to one single count. See also
See also Exhibits F, G. Exhibits F, G.
Exhibit C shows that the lead prosecutor encharged with the criminal investigation of Dr. Exhibit C shows that the lead prosecutor encharged with the criminal investigation of Dr. Corsi was (a) Jeannie S. Rhee, assisted by (b) Andrew D. Goldstein, (c) Aaron S.J. Zelinsky, and Corsi was (a) Jeannie S. Rhee, assisted by (b) Andrew D. Goldstein, (c) Aaron S.J. Zelinsky, and
(d) L. Rush Atkinson, V of Special Counsel Mueller’s office. (d) L. Rush Atkinson, V of Special Counsel Mueller’s office.
Jeannie Rhee was also a lead attorney in a civil lawsuit for the Clinton Foundation of Jeannie Rhee was also a lead attorney in a civil lawsuit for the Clinton Foundation of Hillary Clinton and Bill Clinton, including in a lawsuit brought by undersigned counsel Mr. Hillary Clinton and Bill Clinton, including in a lawsuit brought by undersigned counsel Mr. Klayman
Klayman arising from the same subject matter arising from the same subject matter concerning in part the same March 10, 2015 concerning in part the same March 10, 2015 revelations of Secretary Clinton’s official emails being diverted through an unsecure private email revelations of Secretary Clinton’s official emails being diverted through an unsecure private email server.
server. SeeSee Notice of Appearance of Jeannie S. Rhee, attached as Exhibit D, dated September 28, Notice of Appearance of Jeannie S. Rhee, attached as Exhibit D, dated September 28, 2015 on appeal to the U.S. Court of Appeals for the Eleventh Circuit.
2015 on appeal to the U.S. Court of Appeals for the Eleventh Circuit.
III.
III. KNOWLEDGE KNOWLEDGE THAT THAT DEMANDED DEMANDED TESTIMONY TESTIMONY WOULD WOULD BE BE FALSEFALSE
Dr. Corsi directly and clearly informed the Special Counsel and his prosecutorial staff that Dr. Corsi directly and clearly informed the Special Counsel and his prosecutorial staff that the assertions they wanted Dr. Corsi to testify to would be false and that Dr. Corsi could not testify the assertions they wanted Dr. Corsi to testify to would be false and that Dr. Corsi could not testify as they wished without committing perjury in testifying as the Special Counsel’s office demanded. as they wished without committing perjury in testifying as the Special Counsel’s office demanded. In addition, they informed Ms. Rhee in particular that her demand to keep any plea agreement In addition, they informed Ms. Rhee in particular that her demand to keep any plea agreement secret and under seal would criminally and civilly violate Dr. Corsi’s obligations as a securities secret and under seal would criminally and civilly violate Dr. Corsi’s obligations as a securities dealer, for which he has a valid license, to report the criminal plea to Financial Industry Regulatory dealer, for which he has a valid license, to report the criminal plea to Financial Industry Regulatory Authority (“FINRA”). Thus, Special Counsel Mueller, Ms. Rhee and others on his prosecutorial Authority (“FINRA”). Thus, Special Counsel Mueller, Ms. Rhee and others on his prosecutorial staff counseled and attemted to coerce Dr. Corsi to commit a felony, all in their zeal to get Dr. staff counseled and attemted to coerce Dr. Corsi to commit a felony, all in their zeal to get Dr. Corsi to lie to presumably obtain indictments for other subjects and targets, including but not Corsi to lie to presumably obtain indictments for other subjects and targets, including but not limited to the President of the United States, Dona
limited to the President of the United States, Donald J. Trump.ld J. Trump.
Thus, the Special Counsel and his prosecutorial staff threatened to indict Dr. Corsi, who is Thus, the Special Counsel and his prosecutorial staff threatened to indict Dr. Corsi, who is now 72 years old, and effectively put him in jail for the rest of his life, unless Dr. Corsi would now 72 years old, and effectively put him in jail for the rest of his life, unless Dr. Corsi would provide
provide the the false false testimony testimony that that they they demanded, demanded, even even after after being being informed informed that that the the testimonytestimony desired would be false. This is criminal.
desired would be false. This is criminal.
IV.
IV. THREATENED THREATENED PROSECUTION PROSECUTION FOR FOR AMENDED AMENDED TESTIMONYTESTIMONY
The Special Counsel’s office seeks to coerce knowingly-false testimony from Dr. Corsi to The Special Counsel’s office seeks to coerce knowingly-false testimony from Dr. Corsi to
falsely “prove” that Dr. Corsi had acted as a liaison between Roger Stone and Wikileaks leader falsely “prove” that Dr. Corsi had acted as a liaison between Roger Stone and Wikileaks leader Julian Assange on the one hand and the Trump presidential campaign on the other hand concerning Julian Assange on the one hand and the Trump presidential campaign on the other hand concerning the public release of emails from the email computer servers of the Democratic National the public release of emails from the email computer servers of the Democratic National Committee (“DNC”).
Committee (“DNC”).
Dr. Corsi explicitly made clear that he had been unable to review his old emails and thus Dr. Corsi explicitly made clear that he had been unable to review his old emails and thus could not give accurate testimony until he could reloaded emails on his old laptop. The Special could not give accurate testimony until he could reloaded emails on his old laptop. The Special Counsel and his prosecutorial staff agreed that Dr. Corsi would have the chance to amend his Counsel and his prosecutorial staff agreed that Dr. Corsi would have the chance to amend his answers as necessary. When Dr. Corsi received his laptop back from the FBI, he reloaded the 2016 answers as necessary. When Dr. Corsi received his laptop back from the FBI, he reloaded the 2016 data, and then found an email dated July 25, 2016, in which Roger Stone asked him to “Get to data, and then found an email dated July 25, 2016, in which Roger Stone asked him to “Get to Assange.” He then correctly and honestly amended his answers, as he said he would do.
Assange.” He then correctly and honestly amended his answers, as he said he would do. Now,
Now, the the Special Special Counsel’s Counsel’s office office is is knowingly knowingly and and deceitfully deceitfully threatening threatening to to charge charge Dr.Dr. Corsi with an alleged false statement during his first interview with the FBI on September, 6, 2018, Corsi with an alleged false statement during his first interview with the FBI on September, 6, 2018, that he had told them he could not answer with certainty, and which he had amended. When the that he had told them he could not answer with certainty, and which he had amended. When the FBI returned his laptop and he was able to check his past emails, Dr. Corsi promptly amended his FBI returned his laptop and he was able to check his past emails, Dr. Corsi promptly amended his answer.
answer. SeeSee Exhibit E, attached. In sum, the Special Counsel seeks to prosecute statements that Exhibit E, attached. In sum, the Special Counsel seeks to prosecute statements that were amended.
were amended.
V.
V. GRAND GRAND JURY JURY LEAKSLEAKS A.
A. IncidentsIncidents
Special Prosecutor Mueller convened a second grand jury in the District of Columbia after Special Prosecutor Mueller convened a second grand jury in the District of Columbia after already convening a grand jury in the Eastern District of Virginia at Alexandria, Virginia. Jurors already convening a grand jury in the Eastern District of Virginia at Alexandria, Virginia. Jurors are drawn from voter rolls, and President Donald Trump received only 4.1% of the vote in the are drawn from voter rolls, and President Donald Trump received only 4.1% of the vote in the District of Columbia for president on November 8, 2016. President Donald Trump’s campaign was District of Columbia for president on November 8, 2016. President Donald Trump’s campaign was headquartered in Manhattan in New York City, New York. The appearance is that the grand jury in headquartered in Manhattan in New York City, New York. The appearance is that the grand jury in Virginia was skeptical of Mr. Mueller’s presentations and Mr. Mueller sought a different group of Virginia was skeptical of Mr. Mueller’s presentations and Mr. Mueller sought a different group of
grand jurors to further his corrupt scheme. grand jurors to further his corrupt scheme.
A Freedom of Information Act request from Freedom Watch discovered that Special A Freedom of Information Act request from Freedom Watch discovered that Special Counsel Mueller’s office has had over 9,000 pages of written contacts with the news media. Counsel Mueller’s office has had over 9,000 pages of written contacts with the news media. Jonathan Easley, “Exclusive: Judge to rule on release of special counsel's contacts with media,” Jonathan Easley, “Exclusive: Judge to rule on release of special counsel's contacts with media,” The Hill, May 17, 2018, accessible at:
The Hill, May 17, 2018, accessible at: https://thehill.com/policy/national-security/388146- https://thehill.com/policy/national-security/388146-exclusive-judge-to-rule-on-release-of-special-counsels-contacts-with
exclusive-judge-to-rule-on-release-of-special-counsels-contacts-with. Upon review of ultimately. Upon review of ultimately produced
produced documents, documents, is is was was learned learned that that the the press press spokesperson, spokesperson, Peter Peter Carr, Carr, of of the the Office Office of of thethe Special Counsel, engaged in secret meetings at Paul, a French café at 801 Pennsylvania Avenue, Special Counsel, engaged in secret meetings at Paul, a French café at 801 Pennsylvania Avenue, N.W., where
N.W., where he orally he orally leaked grand leaked grand jury and jury and other confidential other confidential information to information to the media, the media, avoidingavoiding any written record of the leaks. This
any written record of the leaks. This needs to be investigated and needs to be investigated and potentially prosecuted.potentially prosecuted.
In short, details of Special Counsel Mueller’s investigation were illegally leaked to the In short, details of Special Counsel Mueller’s investigation were illegally leaked to the news media concerning the focus of the investigation almost immediately and continuously news media concerning the focus of the investigation almost immediately and continuously thereafter, seemingly in real time with no delay:
thereafter, seemingly in real time with no delay:
Federal investigators working for Special Counsel Robert Mueller are keenly Federal investigators working for Special Counsel Robert Mueller are keenly focused on President Donald Trump's role in crafting a response to a published focused on President Donald Trump's role in crafting a response to a published article about a meeting between Russians and his son Donald Jr., three sources article about a meeting between Russians and his son Donald Jr., three sources familiar with
familiar with the matter the matter told NBC told NBC News. News. The sources The sources told NBC Ntold NBC News thatews that prosecutors
prosecutors want want to to know know what what Trump Trump knew knew about about the the meeting meeting and and whether whether hehe sought to conceal its purpose.
sought to conceal its purpose.
Julia Ainsley And Tom Winter, “Mueller Team Asking if Trump Tried to Hide Purpose of Trump Julia Ainsley And Tom Winter, “Mueller Team Asking if Trump Tried to Hide Purpose of Trump Tower Meeting,” NBC News, August 28, 2017, accessible at:
Tower Meeting,” NBC News, August 28, 2017, accessible at: https://www.nbcnews.com/news/us- https://www.nbcnews.com/news/us-news/mueller-team-asking-if-trump-tried-hide-purpose-trump-tower-n796746
news/mueller-team-asking-if-trump-tried-hide-purpose-trump-tower-n796746..
Special Counsel Mueller’s investigative contacts with the Internal Revenue Service were Special Counsel Mueller’s investigative contacts with the Internal Revenue Service were promptly leaked to the news media:
promptly leaked to the news media:
Special counsel Bob Mueller has teamed up with the IRS. According to sources Special counsel Bob Mueller has teamed up with the IRS. According to sources familiar with his investigation into alleged Russian election interference, his probe familiar with his investigation into alleged Russian election interference, his probe has enlisted the help of agen
Betsy Woodruff, “Mueller Enlists the IRS for His Trump-Russia Investigation,” The Daily Beast, Betsy Woodruff, “Mueller Enlists the IRS for His Trump-Russia Investigation,” The Daily Beast, August 31, 2017, accessible at:
August 31, 2017, accessible at: http://www.thedailybeast.com/exclusive-mueller-enlists-the-irs-for- http://www.thedailybeast.com/exclusive-mueller-enlists-the-irs-for-his-trump-russia-investigation
his-trump-russia-investigation..
The Wall Street Journal was also privy to the investigative goals and activities of Special The Wall Street Journal was also privy to the investigative goals and activities of Special Counsel
Counsel Mueller’s Mueller’s office:office:
Special counsel Robert Mueller is examining what role, if any, former national Special counsel Robert Mueller is examining what role, if any, former national security adviser Mike Flynn may have played in a private effort to obtain Hillary security adviser Mike Flynn may have played in a private effort to obtain Hillary Clinton’s emails from Russian hackers, according to
Clinton’s emails from Russian hackers, according to people familiar with the matter.people familiar with the matter. The effort to seek out hackers who were believed to have stolen Mrs. Clinton’s The effort to seek out hackers who were believed to have stolen Mrs. Clinton’s emails, first reported by The Wall Street Journal, was led by a longtime Republican emails, first reported by The Wall Street Journal, was led by a longtime Republican activist, Peter W. Smith.
activist, Peter W. Smith.
Shane Harris, “Special Counsel Examines Possible Role Flynn Played in Seeking Clinton Emails Shane Harris, “Special Counsel Examines Possible Role Flynn Played in Seeking Clinton Emails From Hackers,” The Wall Street Journal, August 25, 2017, available at: From Hackers,” The Wall Street Journal, August 25, 2017, available at: https://www.wsj.com/articles/special-counsel-examines-possible-role-flynn-played-in-seeking-clinton-emails-from-hackers-1503694304
clinton-emails-from-hackers-1503694304..
In fact, just about every news media outlet has known exactly what Special Counsel In fact, just about every news media outlet has known exactly what Special Counsel Mueller and his compromised staff is doing on a
Mueller and his compromised staff is doing on a daily basis:daily basis:
The letter Mueller is reviewing was drafted by Trump along with policy adviser The letter Mueller is reviewing was drafted by Trump along with policy adviser Stephen Miller, and legal experts say it is possibly the most critical piece of Stephen Miller, and legal experts say it is possibly the most critical piece of evidence in Mueller's obstruction-of-justice case since Comey’s testimony before evidence in Mueller's obstruction-of-justice case since Comey’s testimony before the Senate Intelligence Committee in June, because it can give prosecutors a direct the Senate Intelligence Committee in June, because it can give prosecutors a direct window into Trump's thinking shortly before he fired Comey.
window into Trump's thinking shortly before he fired Comey.
Sonam Sheth, “Mueller's investigation just got a boost — and another Trump associate may be in Sonam Sheth, “Mueller's investigation just got a boost — and another Trump associate may be in its crosshairs,” Business Insider, September 2, 2017, available at: its crosshairs,” Business Insider, September 2, 2017, available at: https://finance.yahoo.com/news/muellers-investigation-just-got-boost-002052944.html
https://finance.yahoo.com/news/muellers-investigation-just-got-boost-002052944.html..
Investigative details of Special Counsel Mueller’s, along with the Attorney General of the State of Investigative details of Special Counsel Mueller’s, along with the Attorney General of the State of New York grand jury activities were promptly leaked to the news media.
New York grand jury activities were promptly leaked to the news media.
Special counsel Robert Mueller’s team is working with New York Attorney General Special counsel Robert Mueller’s team is working with New York Attorney General Eric Schneiderman on its investigation into Paul Manafort and his financial Eric Schneiderman on its investigation into Paul Manafort and his financial
transactions, according to several people familiar with the matter. transactions, according to several people familiar with the matter.
The cooperation is the latest indication that the federal probe into President Donald The cooperation is the latest indication that the federal probe into President Donald Trump’s former campaign chairman is intensifying. It also could potentially provide Trump’s former campaign chairman is intensifying. It also could potentially provide Mueller with additional leverage to get Manafort to cooperate in the larger Mueller with additional leverage to get Manafort to cooperate in the larger investigation into Trump’s campaign, as Trump does not have pardon power over investigation into Trump’s campaign, as Trump does not have pardon power over state crimes.
state crimes.
The two teams have shared evidence and talked frequently in recent weeks about a The two teams have shared evidence and talked frequently in recent weeks about a potential
potential case, case, these these people people said. said. One One of of the the people people familiar familiar with with progress progress on on thethe case said both Mueller’s and Schneiderman’s teams have collected evidence on case said both Mueller’s and Schneiderman’s teams have collected evidence on financial crimes, including potential money laundering.
financial crimes, including potential money laundering.
Josh Dawsey, “Mueller teams up with New York attorney general in Manafort probe,” Politico, Josh Dawsey, “Mueller teams up with New York attorney general in Manafort probe,” Politico, August 30, 2017,
August 30, 2017, http://www.politico.com/story/2017/08/30/manafort-mueller-probe-attorney- http://www.politico.com/story/2017/08/30/manafort-mueller-probe-attorney-general-242191
general-242191..
Reports of leaks of confidential information from the grand jury investigations hit The Wall Reports of leaks of confidential information from the grand jury investigations hit The Wall Street Journal on August 31, 2017. Peter Nicholas, Erica Orden and Paul Sonne, “Trump Attorneys Street Journal on August 31, 2017. Peter Nicholas, Erica Orden and Paul Sonne, “Trump Attorneys Lay Out Arguments Against Obstruction-of-Justice Probe to Mueller.”
Lay Out Arguments Against Obstruction-of-Justice Probe to Mueller.”
An extraordinary array of documents obtained from Special Counsel Mueller’s office are An extraordinary array of documents obtained from Special Counsel Mueller’s office are summarized and discussed in this article. In the article, the reporters chronicle that the Trump summarized and discussed in this article. In the article, the reporters chronicle that the Trump administration and President Trump’s private lawyers would not comment on the memos, administration and President Trump’s private lawyers would not comment on the memos, indicating that they were not the source of the leaks.
indicating that they were not the source of the leaks.
The news media knows the detailed inner workings of the Special Counsel and his The news media knows the detailed inner workings of the Special Counsel and his prosecutorial
prosecutorial staff. staff. As As reported reported by by Politico, Politico, Mr. Mr. Mueller’s Mueller’s “most “most experienced experienced attorneys attorneys havehave discrete targets, such as . . . former national security advisor Michael Flynn . . .” Darren discrete targets, such as . . . former national security advisor Michael Flynn . . .” Darren Samuelsohn, “What Mueller’s org Chart reveals About his Russia Probe,” Politico, Nov. 13, 2017, Samuelsohn, “What Mueller’s org Chart reveals About his Russia Probe,” Politico, Nov. 13, 2017, available at:
available at: https://www.politico.com/story/2017/11/13/robert-mueller-russia-probe-organization- https://www.politico.com/story/2017/11/13/robert-mueller-russia-probe-organization-244789
244789..
Special Counsel Mueller and his prosecutorial staff, by way of example, also leaked to Special Counsel Mueller and his prosecutorial staff, by way of example, also leaked to
media outlets, as recently as November 13, 2017, that he and his team are apparently investigating media outlets, as recently as November 13, 2017, that he and his team are apparently investigating “an alleged plot involving Mr. Flynn, his son and potentially others to forcibly and extra-legally “an alleged plot involving Mr. Flynn, his son and potentially others to forcibly and extra-legally effect the return
effect the return of Fethullah Gulen to of Fethullah Gulen to Turkey in exchange for millTurkey in exchange for millions of dollars.” ions of dollars.” Evan Perez,Evan Perez, Pamela Brown and Shimon Prokupecz, “One year into the FBI's Russia investigation, Mueller is on Pamela Brown and Shimon Prokupecz, “One year into the FBI's Russia investigation, Mueller is on the Trump money trail,” CNN, August 4, 2017, available at: the Trump money trail,” CNN, August 4, 2017, available at: http://www.cnn.com/2017/08/03/politics/mueller-investigation-russia-trump-one-year-financial-ties/index.html
ties/index.html..
B.
B. Legal Legal Standards: Standards: Unlawful Unlawful Leaking Leaking of of Grand Grand Jury Jury MaterialMaterial
Federal Rules of Criminal Procedure Rule 6(e)(2) “The
Federal Rules of Criminal Procedure Rule 6(e)(2) “The Grand Jury” requires that:Grand Jury” requires that: (2)
(2) * * * * **
(B) Unless these rules provide otherwise, the following persons must not disclose (B) Unless these rules provide otherwise, the following persons must not disclose a matter occurring before the grand jury:
a matter occurring before the grand jury: (i) a grand juror;
(i) a grand juror; (ii) an interpreter; (ii) an interpreter; (iii) a court reporter; (iii) a court reporter;
(iv) an operator of a recording device; (iv) an operator of a recording device;
(v) a person who transcribes recorded testimony; (v) a person who transcribes recorded testimony; (vi) an attorney for the government; or
(vi) an attorney for the government; or
(vii) a person to whom disclosure is made under
(vii) a person to whom disclosure is made under Rule 6(e)(3)(A)(ii) or (iii).Rule 6(e)(3)(A)(ii) or (iii). (3)
(3) Exceptions. Exceptions.
(A) Disclosure of a grand-jury matter—other than
(A) Disclosure of a grand-jury matter—other than the grand jury's deliberations orthe grand jury's deliberations or any grand juror's vote—may be made to:
any grand juror's vote—may be made to:
(i) an attorney for the government for use
(i) an attorney for the government for use in performing that attorney's duty;in performing that attorney's duty; (ii) any government personnel—including those of a state, state subdivision, (ii) any government personnel—including those of a state, state subdivision, Indian tribe, or foreign government—that an attorney for the government Indian tribe, or foreign government—that an attorney for the government considers necessary to assist in performing that attorney's duty to enforce federal considers necessary to assist in performing that attorney's duty to enforce federal criminal law; or
criminal law; or
(iii) a person authorized by 18 U.S.C. §3322. (iii) a person authorized by 18 U.S.C. §3322.
(B) A person to whom information is disclosed under Rule 6(e)(3)(A)(ii) may use (B) A person to whom information is disclosed under Rule 6(e)(3)(A)(ii) may use that information only to assist an attorney for the government in performing that that information only to assist an attorney for the government in performing that attorney's duty to enforce federal criminal law. An attorney for the government must attorney's duty to enforce federal criminal law. An attorney for the government must promptly
promptly provide provide the the court court that that impaneled impaneled the the grand grand jury jury with with the the names names of of allall persons to
persons to whom a whom a disclosure has disclosure has been madbeen made, and e, and must certify must certify that the that the attorney hasattorney has advised those persons of their obligation of secrecy under this rule.
advised those persons of their obligation of secrecy under this rule.
(C) An attorney for the government may disclose any grand-jury matter to another (C) An attorney for the government may disclose any grand-jury matter to another federal grand jury.
federal grand jury. * * * * * *
Furthermore, Rule 6(e)(7) provides that: Furthermore, Rule 6(e)(7) provides that:
(7)
(7) Contempt.Contempt. A knowing violation of Rule 6, or of any guidelines jointly A knowing violation of Rule 6, or of any guidelines jointly issued by the Attorney General and the Director of National Intelligence issued by the Attorney General and the Director of National Intelligence under Rule 6, may be punished as a contempt of court.
under Rule 6, may be punished as a contempt of court.
VI.
VI. GOVERNING GOVERNING LAW LAW AND AND AUTHORITIES: WITNESS AUTHORITIES: WITNESS TAMPERINGTAMPERING A.
A. Special Prosecutor And Staff Guilty Of Witness Tampering, WitnessSpecial Prosecutor And Staff Guilty Of Witness Tampering, Witness Intimidation, And Blackmail
Intimidation, And Blackmail
Special Prosecutor Robert Mueller and his prosecutorial staff, particularly Rhee, Goldstein, Special Prosecutor Robert Mueller and his prosecutorial staff, particularly Rhee, Goldstein, Zelinsky, and Atkinson, have threatened a witness and tampered with a witness, Dr. Corsi, to Zelinsky, and Atkinson, have threatened a witness and tampered with a witness, Dr. Corsi, to criminally coerce him into providing false testimony and in fact also withholding or suppressing criminally coerce him into providing false testimony and in fact also withholding or suppressing truthful testimony.
truthful testimony.
Those prosecutors hired and operating under the direction of Special Counsel Robert Those prosecutors hired and operating under the direction of Special Counsel Robert Mueller want Dr. Corsi to falsely testify that he and Roger Stone acted as go-betweens (alone or Mueller want Dr. Corsi to falsely testify that he and Roger Stone acted as go-betweens (alone or through additional links and contacts) between the 2015-2016 presidential campaign of Donald J. through additional links and contacts) between the 2015-2016 presidential campaign of Donald J. Trump and the Russian government through Wikileaks founder and leader Julian Assange. Faced Trump and the Russian government through Wikileaks founder and leader Julian Assange. Faced with what was deceptively proposed by the Special Counsel to appear like an easy, sweetheart plea with what was deceptively proposed by the Special Counsel to appear like an easy, sweetheart plea deal, Dr. Corsi has refused because such testimony would be a lie. Dr. Corsi has been accused of deal, Dr. Corsi has refused because such testimony would be a lie. Dr. Corsi has been accused of telling a lie when he is telling the truth. Under threat of indictment and eventual conviction which telling a lie when he is telling the truth. Under threat of indictment and eventual conviction which could effectively result in life imprisonment as Dr. Corsi is now 72 years old, Dr. Corsi has been could effectively result in life imprisonment as Dr. Corsi is now 72 years old, Dr. Corsi has been criminally threatened and coerced to tell a lie and call it the truth. Dr. Corsi refuses to lie. He has criminally threatened and coerced to tell a lie and call it the truth. Dr. Corsi refuses to lie. He has stated publicly that he will not one day stand before God having lied; nor will he participate in a stated publicly that he will not one day stand before God having lied; nor will he participate in a slow-motion coup against the president that would be to the detriment of his nation and the next slow-motion coup against the president that would be to the detriment of his nation and the next generations by lying. And if he avoids a charge of lying by lying, he could never be confident that generations by lying. And if he avoids a charge of lying by lying, he could never be confident that his constitutional and other legal rights will again be compromised, as apparently has already his constitutional and other legal rights will again be compromised, as apparently has already occurred with other subjects and targets of Special Counsel Mueller’s run-a-way and politically occurred with other subjects and targets of Special Counsel Mueller’s run-a-way and politically motived investigation.
18 U.S. Code § 1513 - Retaliating against a witness, victim, or an informant 18 U.S. Code § 1513 - Retaliating against a witness, victim, or an informant
* * * * * * (e)
(e) Whoever knowingly, with the intent to retaliate, takes any action harmful toWhoever knowingly, with the intent to retaliate, takes any action harmful to any person, including interference with the lawful employment or livelihood of any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information any person, for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense, shall relating to the commission or possible commission of any Federal offense, shall be fined under this title or imprisoned not more than 10 years, or both.
be fined under this title or imprisoned not more than 10 years, or both.
(f)
(f) Whoever conspires to commit any offense under this section shall be subject toWhoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.
was the object of the conspiracy.
(g)
(g) A prosecution under this section may be brought in the district in which theA prosecution under this section may be brought in the district in which the official proceeding (whether pending, about to be instituted, or completed) was official proceeding (whether pending, about to be instituted, or completed) was intended to be affected, or in which the conduct constituting the intended to be affected, or in which the conduct constituting the alleged offense occurred.
alleged offense occurred.
18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant 18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant
* * * * * *
(b)
(b)Whoever knowingly uses intimidation, threatens, or corruptly persuadesWhoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to—
another person, with intent to—
(1)
(1) influence, delay, or prevent the testimony of any person in an officialinfluence, delay, or prevent the testimony of any person in an official proceeding;
proceeding;
(2)
(2)cause or induce any person to—cause or induce any person to—
(A)
(A) withhold testimony, or withhold a record, document, or otherwithhold testimony, or withhold a record, document, or other object, from an official proceeding;
object, from an official proceeding;
(B)
(B) alter, destroy, mutilate, or conceal an object with intent toalter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official impair the object’s integrity or availability for use in an official proceeding;
proceeding;
(C)
(C) evade evade legal legal process summoning process summoning that that person person to ato appear ppear as aas a witness, or to produce a record, document, or other object, in an witness, or to produce a record, document, or other object, in an official proceeding; or
official proceeding; or
(D)
(D) be absent from an official proceeding to wh be absent from an official proceeding to which such person hasich such person has been summoned by legal process; or
been summoned by legal process; or
(3)
(3) hinder, delay, or prevent the hinder, delay, or prevent the communication to a communication to a law enforcementlaw enforcement officer
officer or judge or judge of the of the United States United States of information of information relating to relating to thethe commission or possible commission of a Federal offense or a violation of commission or possible commission of a Federal offense or a violation of conditions of probation
conditions of probation [1] [1] supervised supervised release,,[1] release,,[1] parole, parole, or or releaserelease pending judicial proceedings;
pending judicial proceedings;
shall be fined under this title or imprisoned not
shall be fined under this title or imprisoned not more than 20 years, or both.more than 20 years, or both. * * *
* * *
(e)
(e) In a prosecution for an offense under this section, it is an affirmative defense,In a prosecution for an offense under this section, it is an affirmative defense, as to which the defendant has the burden of proof by a preponderance of the as to which the defendant has the burden of proof by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that the evidence, that the conduct consisted solely of lawful conduct and that the
defendant’s sole intention was to encourage, induce, or cause the other person to defendant’s sole intention was to encourage, induce, or cause the other person to testify truthfully.
testify truthfully.
(f)
(f)For the purposes of this section—For the purposes of this section—
(1)
(1) an official proceeding need not be pending or about to be instituted atan official proceeding need not be pending or about to be instituted at the time of the offense; and
the time of the offense; and
(2)
(2) the testimony, or the record, document, or other object need not bethe testimony, or the record, document, or other object need not be admissible in evidence or free of a claim of privilege.
admissible in evidence or free of a claim of privilege.
* * * * * * (k)
(k) Whoever conspires to commit any offense under this section shall be subjectWhoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.
was the object of the conspiracy.
18 U.S. Code § 1505 - Obstruction of proceedings before departments, 18 U.S. Code § 1505 - Obstruction of proceedings before departments, agencies, and committees
agencies, and committees
* * * * * *
Whoever corruptly, or by threats or force, or by any threatening letter or Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any obstruct, or impede the due and proper administration of the law under which any pending
pending proceeding proceeding is is being being had had before before any department or any department or agency agency of of the Unitedthe United States, or the due and proper exercise of the power of inquiry under which any States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the
House or any joint committee of the Congress—Congress—
Shall be fined under this title, imprisoned not more than 5 years or, if Shall be fined under this title, imprisoned not more than 5 years or, if the
the offense offense involves involves international international or or domestic domestic terrorism terrorism (as (as defined defined in in sectionsection 2331), imprisoned not more than 8 years, or both.
2331), imprisoned not more than 8 years, or both.
B.
B. Conspiracy to Suborn PerjuryConspiracy to Suborn Perjury
The Special Prosecutor and his prosecutorial staff conspired to suborn perjury in violation The Special Prosecutor and his prosecutorial staff conspired to suborn perjury in violation of 18 U.S. Code § 1622 by seeking to threaten Dr. Corsi into testifying falsely with the Special of 18 U.S. Code § 1622 by seeking to threaten Dr. Corsi into testifying falsely with the Special Prosecutor’s office sponsoring and using in court testimony by Dr. Corsi that they have been Prosecutor’s office sponsoring and using in court testimony by Dr. Corsi that they have been informed would be false testimony.
informed would be false testimony.
Conspiracy to suborn perjury may be prosecuted irrespective of whether perjury has been Conspiracy to suborn perjury may be prosecuted irrespective of whether perjury has been committed. The two witness rule does not apply in conspiracy prosecutions.
committed. The two witness rule does not apply in conspiracy prosecutions. SeeSee DOJ Criminal DOJ Criminal Resource Manual, 1752 Subornation of Perjury.
Resource Manual, 1752 Subornation of Perjury.
Solicitation of perjured testimony also may be prosecuted as obstruction of justice Solicitation of perjured testimony also may be prosecuted as obstruction of justice irrespective of whether the perjured testimony took place.
1386, 1395 (11th Cir. 1984).
1386, 1395 (11th Cir. 1984). Because the crime of subornation of perjBecause the crime of subornation of perjury is distinct frury is distinct from that ofom that of perjury,
perjury, the the suborner suborner and and perjurer perjurer are are not not accomplices; accomplices; however, however, a a person person who who causes causes a a falsefalse document to be introduced through an innocent witness can be held liable as a principal under 18 document to be introduced through an innocent witness can be held liable as a principal under 18 U.S.C. § 2(b).
U.S.C. § 2(b). United States v. Walser United States v. Walser , 3 F.3d 380, 388 (11th Cir. 1993)., 3 F.3d 380, 388 (11th Cir. 1993).
Physical coercion need not be proven in prosecutions for subornation of perjury.
Physical coercion need not be proven in prosecutions for subornation of perjury. UnitedUnited States v. Heater
States v. Heater , 63 F.3d 311, 320 (4th Cir. 1995),, 63 F.3d 311, 320 (4th Cir. 1995), cert. denied cert. denied , 116 S. Ct. 796 (1996)., 116 S. Ct. 796 (1996).
C.
C. Special Counsel’s Office Proposed to Violate 18 U.S.C.Special Counsel’s Office Proposed to Violate 18 U.S.C. §§10011001
Although an act of supreme irony, the Special Counsel and his prosecutorial staff have Although an act of supreme irony, the Special Counsel and his prosecutorial staff have attempted to and conspired to violate 18 U.S.C. § 1001 while threatening Dr. Corsi with indictment attempted to and conspired to violate 18 U.S.C. § 1001 while threatening Dr. Corsi with indictment and prosecution
and prosecution for violating for violating the same the same statute. statute. Knowing the Knowing the testimony they testimony they wanted Dr. wanted Dr. Corsi toCorsi to give to be actually false – including having been repeatedly told by Dr. Corsi that the assertions are give to be actually false – including having been repeatedly told by Dr. Corsi that the assertions are false – the Special Counsel’s office nevertheless insisted upon using the false testimony they false – the Special Counsel’s office nevertheless insisted upon using the false testimony they wanted to get from Dr. Corsi in court
wanted to get from Dr. Corsi in court proceedings and indictments against other persons.proceedings and indictments against other persons.
A violation of 18 U.S.C. § 1001 carries a maximum sentence of 5 years’ imprisonment; a A violation of 18 U.S.C. § 1001 carries a maximum sentence of 5 years’ imprisonment; a fine of $250,000, pursuant to 18 U.S.C. § 3571(b)(3); a term of supervised release of not more than fine of $250,000, pursuant to 18 U.S.C. § 3571(b)(3); a term of supervised release of not more than 3 years, pursuant to 18 U.S.C. § 3583(b)(2); and an obligation to pay any applicable interest or 3 years, pursuant to 18 U.S.C. § 3583(b)(2); and an obligation to pay any applicable interest or penalties on fines and restitution not timely made.
penalties on fines and restitution not timely made.
18 U.S. Code § 1001 - Statements or entries generally 18 U.S. Code § 1001 - Statements or entries generally (a)
(a)Except as otherwise provided in this section, whoever, in any matter within theExcept as otherwise provided in this section, whoever, in any matter within the jurisdiction
jurisdiction of of the the executive, executive, legislative, legislative, or or judicial judicial branch branch of of the the Government Government ofof the United States, knowingly and willfully—
the United States, knowingly and willfully—
(1)
(1) falsifies, conceals, or covers up by any trick, scheme, or device afalsifies, conceals, or covers up by any trick, scheme, or device a material fact;
material fact;
(2)
(2) makes any materially false, fictitious, or fraudulent statement ormakes any materially false, fictitious, or fraudulent statement or representation; or
representation; or
(3)
(3) makes or uses any false writing or document knowing the same tomakes or uses any false writing or document knowing the same to contain
contain any any materially materially false, false, fictitious, fictitious, or or fraudulent fraudulent statement statement oror entry;
entry;
shall be fined under this title, imprisoned not more than 5 years or, if shall be fined under this title, imprisoned not more than 5 years or, if
the offense involves international or domestic terrorism (as defined in section 2331), the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not
imposed under this section shall be not more than 8 years.more than 8 years.
(b)
(b) Subsection (a) does not apply to a party to a judicial proceeding, or that party’sSubsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.
party or counsel to a judge or magistrate in that proceeding.
(c)
(c)With respect to any matter within the jurisdiction of the legislative branch,With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to—
subsection (a) shall apply only to—
(1)
(1) administrative matters, including a claim for payment, a matteradministrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or related to the procurement of property or services, personnel or employment practices, or support services, or a documen
employment practices, or support services, or a document required byt required by law, rule, or regulation to be submitted to the Congress or law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or
any office or officer within the legislative branch; or
(2)
(2) any investigation or review, conducted pursuant to the authorityany investigation or review, conducted pursuant to the authority of
of any any committee, committee, subcommittee, subcommittee, commission commission or or office office of of thethe Congress, consistent with applicable rules of the House or S
Congress, consistent with applicable rules of the House or Senate.enate. Notwithstanding the
Notwithstanding the limitation of limitation of 18 18 U.S. U.S. Code Code § § 1001(b) 1001(b) as as to to statements or statements or submissionssubmissions to a judge or magistrate, it is clear that the Special Counsel and his prosecutorial staff (a) are using to a judge or magistrate, it is clear that the Special Counsel and his prosecutorial staff (a) are using and will use the false testimony by Dr. Corsi and other intimidated witnesses before the grand jury and will use the false testimony by Dr. Corsi and other intimidated witnesses before the grand jury against other innocent victims of this prosecutorial misconduct, and (b) will use the false testimony against other innocent victims of this prosecutorial misconduct, and (b) will use the false testimony procured
procured by by misconduct misconduct in in a a report report to to the the Acting Acting Attorney Attorney General General and and presumably presumably (probably(probably through the artifice of making the report “through” the Attorney General or other government through the artifice of making the report “through” the Attorney General or other government officials, but with the intent that it primarily influence the Congress) in order to put forth false officials, but with the intent that it primarily influence the Congress) in order to put forth false testimony to support Articles of Impeachment against President Trump and/or indictment of other testimony to support Articles of Impeachment against President Trump and/or indictment of other persons.
persons.
Thus, ironically and egregiously, the Special Prosecutor’s office is seeking to make false Thus, ironically and egregiously, the Special Prosecutor’s office is seeking to make false statements prohibited under 18 U.S. Code § 1001 to DOJ supervisors and senior leadership, statements prohibited under 18 U.S. Code § 1001 to DOJ supervisors and senior leadership, Congress, and the grand jury by forcing Dr. Corsi to provide false testimony that they know is Congress, and the grand jury by forcing Dr. Corsi to provide false testimony that they know is false.
D.
D. Extortion by Government OfficialsExtortion by Government Officials
18 U.S. Code § 872 - Extortion by officers or employees of the United States 18 U.S. Code § 872 - Extortion by officers or employees of the United States
Whoever, being an officer, or employee of the United States or any department or Whoever, being an officer, or employee of the United States or any department or agency thereof, or representing himself to be or assuming to act as such, under agency thereof, or representing himself to be or assuming to act as such, under color or pretense of office or employment commits or attempts an act of extortion, color or pretense of office or employment commits or attempts an act of extortion, shall be fined under this title or imprisoned not more than three years, or both; but shall be fined under this title or imprisoned not more than three years, or both; but if the amount so extorted or demanded does not exceed $1,000, he shall be fined if the amount so extorted or demanded does not exceed $1,000, he shall be fined under this title or imprisoned not more than o
under this title or imprisoned not more than one year, or bothne year, or both
Although extortion is most commonly understood as the obtaining of tangible or intangible Although extortion is most commonly understood as the obtaining of tangible or intangible property, the crime of extortion is at times defined as an act to gain “advantage.”
property, the crime of extortion is at times defined as an act to gain “advantage.”
E.
E. Government Officials Can Be Guilty of Violating Criminal LawsGovernment Officials Can Be Guilty of Violating Criminal Laws
The fact that the Special Prosecutor and his prosecutorial staff have committed witness The fact that the Special Prosecutor and his prosecutorial staff have committed witness threats, intimidation, and/or tampering and committed by his prosecutorial staff (hired on a threats, intimidation, and/or tampering and committed by his prosecutorial staff (hired on a temporary basis by Special Prosecutor Mueller) does not alter the criminality of a violation of the temporary basis by Special Prosecutor Mueller) does not alter the criminality of a violation of the statutes cited above. It has long been recognized, for example, that employees of a government statutes cited above. It has long been recognized, for example, that employees of a government agency may operate it corruptly as an “enterprise” under the Racketeer Influenced and Corrupt agency may operate it corruptly as an “enterprise” under the Racketeer Influenced and Corrupt Organization Act: “For example, an arson ring can be a RICO enterprise, as can a small business or Organization Act: “For example, an arson ring can be a RICO enterprise, as can a small business or government agency.” Staff of the Organized Crime and Gang Section, U.S. Department of Justice, government agency.” Staff of the Organized Crime and Gang Section, U.S. Department of Justice, CRIMINAL RICO: 18 U.S.C. §§1961-1968. A Manual For Federal Prosecutors, Sixth Revised CRIMINAL RICO: 18 U.S.C. §§1961-1968. A Manual For Federal Prosecutors, Sixth Revised Edition, May 2016, page 2.
Edition, May 2016, page 2.
F.
F. Special Prosecutor Violated Professional Rules for ProsecutorsSpecial Prosecutor Violated Professional Rules for Prosecutors
The Special Counsel and his prosecutorial staff have clearly violated the rules applying to The Special Counsel and his prosecutorial staff have clearly violated the rules applying to prosecutors:
prosecutors:
Rules of Professional Conduct: Rule 3.8--Special Responsibilities of a Rules of Professional Conduct: Rule 3.8--Special Responsibilities of a Prosecutor
Prosecutor
The prosecutor in a criminal case
The prosecutor in a criminal case shall not:shall not:
(a) In exercising discretion to investigate or to prosecute, improperly favor or (a) In exercising discretion to investigate or to prosecute, improperly favor or
