Got popcorn? Joseph E. diGenova on the Damn Emails

Yes, this is a Judicial Watch press conference,

Digenova speculates on the how the email situation will unfold. Note the date it was published and how things have come forward since:
Published on Mar 16, 2016
Joseph E. diGenova - Judicial Watch - Clinton Email Scandal

diGenova is pretty clear where he comes down on this issue:

Mrs. Clinton continues to say that this is a 'security review' that the FBI is doing. That is nonsense. It is also false. Mrs. Clinton, by the way, has given mendacity a bad name. It hardly seems possible for anyone to have lied so much about so many things of such import but she continues to do so with vigor and impunity you have to ask yourself Nixonian paranoia which led her to set up the private server really, really disqualifies her from the highest office in the land.

Go on...

The criminal probe is underway and when I was here last year, I said there would be one. I also said there would be a grand jury. There is a grand jury.

snip

There is a damage assessment underway in the intelligence community about all of the emails that are classified, but more particularly there is a damage assessment underway, an official damage assessment
which you have to do before you bring the cases that are going to be brought in the criminal investigation. And that damage assessment is to determine exactly what you are supposed to do when you know that very, very valuable classified information has been compromised. And
make no mistake about it, the Secretary, her entourage, Carol Mills, Patrick Kennedy, the Undersecretary for Administration, and all of her staff, engaged in a conspiracy to withhold information from the American people, Congress and the federal courts under the Freedom of Information Act under congressional subpoenas and under general litigation. They engaged in a conspiracy to obstruct the administration of justice in federal courts. That is now coming to light.

and

Michael Hayden, the former director of NSA and former director of Central Intelligence, said, and I like his phrase, "The original sin of this case was the placing of that server, unencrypted, in a basement, in Chapaqua, New York, for the conduct of all of her business and that of her staff." There is no doubt that the information -especially the information on the 25 top-secret emails- special access programs that no one will ever see because they are so sensitive, went through that server, was in those devices and foreign governments got them.

Hard to know where to stop transcribing because he's saying things which have now come out in May and June, so this talk in March is that much more compelling...

He goes on to say that ALL of the emails on that server became property of the States government, so the deletion of the 30,000 is absolutely a crime of stealing government property.

In the video, he describes himself as a conservative Republican. Here's what he tells us of his background:

Joseph E. diGenova, founding partner of the Washington, D.C. law firm of diGenova & Toensing, LLP represents individuals, corporations and other entities before the Federal courts, Congress, and U.S. cabinet departments and agencies on criminal, civil, administrative and investigative matters. In December 1992, he was appointed Independent Counsel in the Clinton Passport File Search matter. He was appointed Chairman of the Grievance Committee of the D.C. District Court in 1995 by the judges of that court. In 1997, he was named Special Counsel by the U.S. House of Representatives to probe the International Brotherhood of Teamsters. As a result of that assignment, he was appointed by the U.S. District Court, Southern District of New York, to sit on the Independent Review Board, which oversees the Teamsters pursuant to a 1989 Consent Decree. He is on that Board with former FBI and CIA Director William Webster and former U.S. Attorney General Benjamin Civiletti. In 2007, Mr. diGenova was retained by the New York State Senate to investigate then-Gov. Eliot Spitzer in the Troopergate matter.

His practice emphasizes representation to resolve disputes with various branches of the Federal government through negotiation, litigation, and/or legislation. He does white collar criminal defense work for individuals (such as the former CEO of BCCI) and corporations, conducting internal investigations as well. He represents individuals and organizations in Congressional investigations.

For four years, diGenova was United States Attorney, District of Columbia, which is the largest such office, having more than 400 attorneys. He supervised complex Federal criminal and civil matters including international drug smuggling, public corruption, espionage, insider trading, tax fraud, extradition, fraud, RICO, export control and international terrorism. Many of these prosecutions involved negotiations with foreign governments. He conducted a wide-ranging probe of corruption in the D.C. government, which led to the conviction of two deputy mayors. He led the prosecution of Israeli spy Jonathan Pollard. He was the Principal Assistant U.S. Attorney during the prosecution of attempted Presidential assassin, John W. Hinckley.

DiGenova has extensive experience on Capitol Hill. He was Chief Counsel and Staff Director of the Senate Rules Committee and Counsel to the Senate Judiciary, Governmental Affairs and Select Intelligence Committees. He has conducted confirmation, investigative, legislative and oversight hearings, drafted legislation and testified before both Houses of Congress. He also served as Administrative Assistant and Legislative Director to U.S. Senator Charles Mathias.

Mr. diGenova has published articles on criminal law, terrorism, and Congressional oversight and has spoken on those and other issues to various organizations throughout the United States. As part of his advocacy approach, he has appeared on Court TV, Lehrer News Hour, Meet the Press, Face the Nation, Nightline, 60 Minutes, Crossfire, This Week With David Brinkley, John McLaughlin’s One On One, Today Show, Good Morning America, and other national television programs. He received his undergraduate degree from the University of Cincinnati and his law degree from Georgetown University.

diGenova & Toensing, LLP
Washington, DC

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Lookout's picture

It ought to be interesting, but will probably add up to several fifths!

The Clinton email witnesses are scheduled to be deposed by Judicial Watch attorneys for as long as seven hours:
June 28 – Huma Abedin, Clinton’s deputy chief of staff and a senior advisor to Clinton throughout her four years as secretary of state and also had an email account on clintonemail.com.

https://en.wikipedia.org/wiki/Huma_Abedin

http://www.vanityfair.com/news/2016/01/huma-abedin-hillary-clinton-adviser

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“Until justice rolls down like water and righteousness like a mighty stream.”

Alligator Ed's picture

for the opportunity to bite into Huma Abedin--I mean her testimony. If she can't feel the heat, it's only because of her proximity to the Ice Queen.

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edg's picture

All of Huma's fifths will add up to at least a Butt if not a Madeira Drum.

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Tues & Wednesday.

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hecate's picture

has never gotten over the fact that Bill Clinton's penis killed Vincent Foster.

He is a clown car.

Let's hear next from Michele Bachmann. About the Known Muslimness of The Kenyan.

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How did Bill's penis kill Foster?

And why bring Bachmann into this? How is it relevant?

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WindDancer13's picture

change the facts? Are there statements that he made that you dispute?

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We are what we repeatedly do. Excellence, then, is not an act, but a habit.--Aristotle
If there is no struggle there is no progress.--Frederick Douglass

lunachickie's picture

and that poster is way smarter than you--and witty as hell, too. So there!

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When the fox tells the hens the coop is on fire, I have to feel the heat no matter how much smoke I smell.

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There is no such thing as TMI. It can always be held in reserve for extortion.

First, the old broken clock theory. Another would be "hell hath no fury like a woman scorned". Tea baggers can give you an earful when they're all caught up in their resentments and tell you things nobody else would. Even people you trust need to be taken with some reservation when it comes to reality based.

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"Religion is what keeps the poor from murdering the rich."--Napoleon

hecate's picture

going to devote 25 minutes to listening to a winger carny barker who, like his winger carny barker wife, has spent the last 20 years cynically heavy-breathing about one vaporous Clinton/Obama Plot and Conspiracy after another. If you like the guy, tune into the Sean Klannity radio show. He, or his wife, are on there about every week. Where, for the past six months, they've recurrently predicted The Mad Bomber will be indicted "in the next two weeks." They're hucksters. They piss on the nation and swear that it's raining.

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MsGrin's picture

no one's holding a gun to your head, of course.

Thing is, in this case, he happens to have called correctly several aspects of what's gone down. Doesn't mean he's right any more than that, but he's been more correct than many in this particular circumstance. I just find that kinda interesting - not really much more than that. You don't have to listen to him, though, if it's not to you.

There's been a lot of irony for me this political season - I guess this is just one more example... an idiot may be calling it correctly, at least for this minute.

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'What we are left with is an agency mandated to ensure transparency and disclosure that is actually working to keep the public in the dark' - Ann M. Ravel, former FEC member

Hillary's vagina.

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Alphalop's picture

So many times people are willing to engage in the Genetic logical fallacy, and we really should try to avoid doing that.

Just because you don't like a source doesn't necessarily mean that they are wrong.

(From "yourlogicalfallacy.com)
Thou shalt not commit logical fallacies
genetic
You judged something as either good or bad on the basis of where it comes from, or from whom it came.
This fallacy avoids the argument by shifting focus onto something's or someone's origins. It's similar to an ad hominem fallacy in that it leverages existing negative perceptions to make someone's argument look bad, without actually presenting a case for why the argument itself lacks merit.
Example: Accused on the 6 o'clock news of corruption and taking bribes, the senator said that we should all be very wary of the things we hear in the media, because we all know how very unreliable the media can be.

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"I used to vote Republican & Democrat, I also used to shit my pants. Eventually I got smart enough to stop doing both things." -Me

Meteor Man's picture

DiGenova and Toensing are both dispicable Fox News partisans, but they are capable of offering legitimate legal analysis. Even when you know they are distorting an issue, like lawyers are paid to do, it is more challenging to dissect their arguments than Hannity or Bill O.

In this case he appears to be gleefully correct about Hillary's brazen conduct and coverup.

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"They'll say we're disturbing the peace, but there is no peace. What really bothers them is that we are disturbing the war." Howard Zinn

Alphalop's picture

the spin and hyperbole, which is something we certainly must do when using "Questionable" media sources (Which to my mind anymore isn't limited to just Faux, it's pretty apparent that ALL MsM is engaging in spin, only difference is the direction.)

If we start dismissing news sources because they are biased then we may as well give up on all MSM entirely.

The sole benefit to Fox is that at least they wear their bias proudly on their sleeves and I don't have to wonder about their agenda.

Knowing both going in makes it almost easier to parse the truth from one of their stories than it does from the Clinton News Network...

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"I used to vote Republican & Democrat, I also used to shit my pants. Eventually I got smart enough to stop doing both things." -Me

edg's picture

Hillary Media like the Washingon Post and NY Times are not covering the email issue at all. Are you of the opinion that email is a non-issue? If not, what sources are acceptable to you?

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If he had immunity, how come he pleaded the fifth on every question?

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Lookout's picture

the immunity is federal. I'm no lawyer but I guess it's like OJ being tried twice.

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“Until justice rolls down like water and righteousness like a mighty stream.”

Steven D's picture

to the Feds. That's the reason. FBI and DOJ can't use what he tells them to prosecute him, but if he testifies in a civil suit he has no immunity for whatever he says.

http://lawnewz.com/high-profile/clinton-it-aide-bryan-pagliano-files-sec...

The U.S. Government counsel responsible for the investigation that gave rise to the grant of use immunity consented to that request,” Pagliano’s attorney wrote in a newly filed document.

His attorneys also reveal that Pagliano gave the testimony to the DOJ in December 2015 as part of the ongoing federal investigation into the Clinton email server. Interestingly, Pagliano’s attorneys say he was granted limited “use” and “derivative use” immunity shortly after talking with the feds. He apparently spoke with investigators on at least two separate occasions. “Derivative use” immunity does not prevent the government from prosecuting Pagliano, but just limits them from using any evidence derived from Pagliano’s testimony against him.

US Statute on derivative use immunity.

The use immunity statute (18 U.S.C. § 6002) allows the government to prosecute the witness using evidence obtained independently of the witness's immunized testimony. Section 6002 provides:

[N]o testimony or other information compelled under the order (or any information directly or indirectly derived from such testimony or other information) may be used against the witness in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order.

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"You can't just leave those who created the problem in charge of the solution."---Tyree Scott

I am becoming more and MORE distressed that in order to find out what's happening, I have to read sources, not only Faux News, and Drudge, but other places I never thought I'd read, even under the guise of "know thy enemy."

Thought Patrick Kennedy at State was the worst, but realize Cheryl Mills tops him!
http://www.nationalreview.com/article/435393/hillary-clinton-e-mails-Che...

More & more convinced Clinton can not be the nominee. Bernie is playing this perfectly.

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MsGrin's picture

Moreover, absent a written waiver from the government, the rules of professional ethics forbid a lawyer who has been a public official from representing a client “in connection with a matter in which the lawyer participated personally and substantially as a public officer or employee.” This rule would bar Mills from acting as Clinton’s lawyer even if another obvious conflict of interest did not already prevent such an arrangement (namely, the fact that they are joint participants in potentially criminal transactions under investigation).

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'What we are left with is an agency mandated to ensure transparency and disclosure that is actually working to keep the public in the dark' - Ann M. Ravel, former FEC member

indictment? I couldn't listen. I can't listen to Bernie either. Nothing personal. I just don't have the patience.

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"Religion is what keeps the poor from murdering the rich."--Napoleon

gulfgal98's picture

end of May which has since passed, but then said afterwards that it would be before the Democratic Convention. I feel like this is being slow walked which means justice is being compromised for the sake of politics. It will not reflect well upon Obama if that is the case. The problem for the Dems is that they cannot get rid of that pesky old socialist from Vermont so that they can parachute Joe Biden in if need be.

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Do I hear the sound of guillotines being constructed?

“Those who make peaceful revolution impossible will make violent revolution inevitable." ~ President John F. Kennedy

Deja's picture

I actually smile when I think of him.

Smile

I wonder if Obama has just resigned to the fact that so many people hate everything about him already, so why bother with the damn emails and get the koolaid drinking dem sheep on his case?

Lynch showed she had more testicular fortitude than her weak predecessor, but I think they both need(ed) the green light from the Orator in Chief to do anything to anyone.

Whistleblowers bad, armed standoff white guys & top secret national security emails in the hands of foreign governments along with all the broken laws and protocols good. 1984 and whatnot.

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edg's picture

The FBI will finish and the grand jury will refuse to indict late in the evening of a Friday that starts a 3 day weekend. By Tuesday, the entire thing will be as if it never happened.

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I think you could leave out the grand jury, not gonna happen.

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Look up at the stars and not down at your feet. Try to make sense of what you see, and wonder about what makes the universe exist. Be curious. Stephen Hawking

edg's picture

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snoopydawg's picture

that all of emails came from clintonemail.com instead of Hillary.gov instead and not one person thought that it looked strange.
Of course Obama knew about this as well as a lot of other people in the government.
Obama and congress told her to keep her foundation separate from her duties as SOS and she said that she would. He also had to know that Sidney Bluementhal was working for her foundation in Libya after he told her to keep him out of the state department.
And how many people sent and read classified emails without proper security clearance?
When Obama endorsed her that told me that he's going to cover for her just like he did the war criminals who tortured some folks, and the CEOs of the banks that committed fraud.
He appointed Holder to head the DOJ knowing that he came from a law firm that defended the banks. Who better to put in place to find ways to say that the banks are too big to jail or fail?
Look at the penalties Petrayous got from giving his mistress classified information. A $100 thousand dollar fine that he will probably make in less then 3-4 months at his new job, and instead of prison he gets to keep both his rank and pension while Chelsea Manning is spend another 30 plus years in jail.

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The ideal subject of totalitarian rule is not the convinced Nazi or the dedicated communist, but people for whom the distinction between fact and fiction, true and false, no longer exists.
~Hannah Arendt

We now know that IT knew.

JW foiaed some emails that were mentioned in the IG report. They were provided recently, and reported on by AP & others earlier this week.

One of these emails showed that state it knew that clintonemail.com emails weren't getting through the state servers to addressees, so it *turned of the state dept servers anti-phishing protection*.

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reflectionsv37's picture

even those posted here, show that people are not watching this issue closely. It's a bit depressing. Hillary will get off if this slips off the radar. Despite previous claims by the State Department that claim they didn't know about the server until after she left office have now been proven to be outright lies as those emails from 2010 show. The State Department was trying to troubleshoot her damn server! They were trying to cover their ass by claiming ignorance.

If justice prevails, there will be a long list of names associated with indictments. Hillary's will be one of them!

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“Our enemies are innovative and resourceful, and so are we. They never stop thinking about new ways to harm our country and our people, and neither do we.”
George W. Bush

snoopydawg's picture

People are watching this closely, so what do you mean that it's depressing?
Please explain your comment, thanks.
And that's a big if of justice prevailing in regards to Hillary being prosecuted. I think if there was any chance of that happening, then Obama wouldn't have endorsed her.
To me it seems like the fix is in for her to get off.

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The ideal subject of totalitarian rule is not the convinced Nazi or the dedicated communist, but people for whom the distinction between fact and fiction, true and false, no longer exists.
~Hannah Arendt

reflectionsv37's picture

This is the latest I've seen. People are getting the facts wrong. I've seen this many times here and other places. http://caucus99percent.com/content/state-departments-knowing-complicity-hrcs-server#comment-120573 Also read the diary if you haven't already. Maybe I've just been paying such close attention that it seems others are not. But, I do find it somewhat depressing. This is a huge issue and I disagree with you to a certain extent. Hillary may not end up being prosecuted due to the Justice Department, but I don't see any way that the FBI won't recommend indictments against her and others in the State Department. To do anything less, would completely destroy their credibility.

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“Our enemies are innovative and resourceful, and so are we. They never stop thinking about new ways to harm our country and our people, and neither do we.”
George W. Bush

riverlover's picture

on State time communicating with potential or current donors to the Foundation, dealings that I though she had agreed to suspend during her time as SoS due to obvious conflicts of interest. But she did, and then shielded that from FOIA and essentially ran two books of her calendar, one for her business interest, and one for State. That is buried in the AP article.

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Hey! my dear friends or soon-to-be's, JtC could use the donations to keep this site functioning for those of us who can still see the life preserver or flotsam in the water.

SO, seems there was more than being made SOS, paying off campaign debts, and what else?

What do the Clintons have on Obama? So many Clinton people worked for Obama, beginning with Rahm, John Podesta, countless people.

Seems like Obama just wants a smooth ride out of the WH, on to the money circuit. I was disappointed in him, now I'm distressed at how bamboozled I was Sad

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he got for preaching to Britains about how they should vote.

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Alligator Ed's picture

I don't know. But some wit should come up with a good descriptor of this occurrence. For this avalanche is far from concluded, and we could benefit from a shortened form of expression. The phrase "the venality of fecality" does not describe this phenomenon as pithily, although the ambience of the term does describe Clinton's milieu quite well.

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Deja's picture

The minute I read your comment subject line, I got a horrible memory flashback of an Asian enima porn gif.

Thanks dude. Bad

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Alphalop's picture

I love me some Trailer Park Boys. Smile

(starts about 1 min in.)
[video:https://www.youtube.com/watch?v=YndPdVzP9H0]

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"I used to vote Republican & Democrat, I also used to shit my pants. Eventually I got smart enough to stop doing both things." -Me

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Look up at the stars and not down at your feet. Try to make sense of what you see, and wonder about what makes the universe exist. Be curious. Stephen Hawking

Raggedy Ann's picture

Don't you think? If so, his hands must be tied. It must be why he's so angry at Obama's endorsement. Plan B looks more and more like a possibility.

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"The “jumpers” reminded us that one day we will all face only one choice and that is how we will die, not how we will live." Chris Hedges on 9/11

Fantastic summary on this topic.

President Obama is not going to move any legal action forward. Mrs. Clinton may be in the same boat as the don when it comes to granting ones self a get of jail free card. Neither are worthy to occupy our White House.

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Look up at the stars and not down at your feet. Try to make sense of what you see, and wonder about what makes the universe exist. Be curious. Stephen Hawking

gulfgal98's picture

but a lot of what he is saying is what many of us have been saying for some time. From the beginning, I have said that because she used a private server and mixed "personal" and State Dept. correspondence on it, Clinton and her staff had no right to delete any of the emails on her private server. Only the govt. had the right to determine what was State Dept. business among those over 60K emails.

Still, it is my belief that she will walk. The entire FBI investigation has been slowed down to a bare crawl. I think the FBI investigators are trying to do their job, but are being hamstringed by the administration. I seriously doubt that the DOJ will indict Clinton herself and I am now beginning to think that maybe a few of her aides might get a small slap on the wrist. Basically, this has become more theater with the puppet strings being pulled by the corrupt politicians (including Obama).

If Clinton and her top aides walk, adding that to the obviously stolen election, what little shred of our semi-democratic society has been thrown out.

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Do I hear the sound of guillotines being constructed?

“Those who make peaceful revolution impossible will make violent revolution inevitable." ~ President John F. Kennedy