Russia Gate is dead...long live Russia Gate

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In The World Of 'Fact', Russiagate Is Dead. In The World Of Politics, It's Still The New '42'

Douglas Adams famously suggested that the answer to life, the universe and everything is 42.

In the world of the political elite, the answer is Russiagate.

What has caused the electorate to turn on the political elite, to defeat Hillary and to rush to Brexit? Why, the evil Russians, of course, are behind it all.

It was the Russians who hacked the DNC and published Hillary’s emails, thus causing her to lose the election because… the Russians, dammit, who cares what was in the emails? It was the Russians.

It is the Russians who are behind Wikileaks,and Julian Assange is a Putin agent (as is that evil Craig Murray).

It was the Russians who swayed the 1,300,000,000 dollar Presidential election campaign result with 100,000 dollars worth of Facebook advertising.

It was the evil Russians who once did a dodgy trade deal with Aaron Banks then did something improbable with Cambridge Analytica that hypnotised people en masse via Facebook into supporting Brexit.

All of this is known to be true by every Blairite, every Clintonite, by the BBC, by CNN, by the Guardian, the New York Times and the Washington Post. “The Russians did it” is the article of faith for the political elite who cannot understand why the electorate rejected the triangulated “consensus” the elite constructed and sold to us, where the filthy rich get ever richer and the rest of us have falling incomes, low employment rights and scanty welfare benefits. You don’t like that system? You have been hypnotised and misled by evil Russian trolls and hackers.

Except virtually none of this is true. Mueller’s inability to defend in person his deeply flawed report took a certain amount of steam out of the blame Russia campaign. But what should have killed off “Russiagate” forever is the judgement of Judge John G Koetl of the Federal District Court of New York.

In a lawsuit brought by the Democratic National Committee against Russia and against Wikileaks, and against inter alia Donald Trump Jr, Jared Kushner, Paul Manafort and Julian Assange, for the first time the claims of collusion between Trump and Russia were subjected to actual scrutiny in a court of law. And Judge Koetl concluded that, quite simply, the claims made as the basis of Russiagate are insufficient to even warrant a hearing.

The judgement is 81 pages long, but if you want to understand the truth about the entire “Russiagate” spin it is well worth reading it in full. Otherwise let me walk you through it.

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This is the crucial point about Koetl’s judgement. In considering dismissing a case at the outset in response to a motion to dismiss from the defence, the judge is obliged to give the plaintiff every benefit and to take the alleged facts described by the DNC as true. The stage of challenging and testing those facts has not been reached. The question Koetl is answering is this. Accepting for the moment the DNC’s facts as true, on the face of it, even if everything that the Democratic National Committee alleged happened, did indeed happen, is there the basis for a case? And his answer is a comprehensive no. Even the facts alleged to comprise the Russiagate narrative do not mount up to a plausible case.

The consequence of this procedure is of course that in this judgement Koetl is accepting the DNC’s “facts”. The judgement is therefore written entirely on the assumption that the Russians did hack the DNC computers as alleged by the plaintiff (the Democratic National Committee), and that meetings and correspondence took place as the DNC alleged and their content was also what the DNC alleged. It is vital to understand in reading the document that Koetl is not stating that he finds these “facts” to be true. Doubtless had the trial proceeded many of them would have been challenged by the defendants and their evidentiary basis tested in court. It is simply at this stage the only question Koetl is answering is whether, assuming the facts alleged all to be true, there are grounds for trial.

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The key finding is this. Even accepting the DNC’s evidence at face value, the judge ruled that it provides no evidence of collusion between Russia, Wikileaks or any of the named parties to hack the DNC’s computers. It is best expressed here in this dismissal of the charge that a property violation was committed, but in fact the same ruling by the judge that no evidence has been presented of any collusion for an illegal purpose, runs through the dismissal of each and every one of the varied charges put forward by the DNC as grounds for their suit.

The major implication for the Assange extradition case of the Koetl judgement is his robust and unequivocal statement of the obvious truth that Wikileaks is a news organisation and its right to publish documents, specifically including stolen documents, is protected by the First Amendment when those documents touch on the public interest.

The article goes on to discuss the ramifications for Assange and Chelsea's cases so I hope you read the whole thing. It ends with this:

And in conclusion, I should state emphatically that while Judge Koetl was obliged to accept for the time being the allegation that the Russians had hacked the DNC as alleged, in fact this never happened. The emails came from a leak not a hack. The Mueller Inquiry’s refusal to take evidence from the actual publisher of the leaks, Julian Assange, in itself discredits his report. Mueller should also have taken crucial evidence from Bill Binney, former Technical Director of the NSA, who has explained in detail why an outside hack was technically impossible based on the forensic evidence provided.

The other key point that proves Mueller’s Inquiry was never a serious search for truth is that at no stage was any independent forensic independence taken from the DNC’s servers, instead the word of the DNC’s own security consultants was simply accepted as true. Finally no progress has been made – or is intended to be made – on the question of who killed Seth Rich, while the pretend police investigation has “lost” his laptop.

Though why anybody would believe Robert Mueller about anything is completely beyond me.

Me too!

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Alligator Ed's picture

Perhaps the farce should be called Weissmanngate

And in conclusion, I should state emphatically that while Judge Koetl was obliged to accept for the time being the allegation that the Russians had hacked the DNC as alleged, in fact this never happened. The emails came from a leak not a hack. The Mueller Inquiry’s refusal to take evidence from the actual publisher of the leaks, Julian Assange, in itself discredits his report. Mueller should also have taken crucial evidence from Bill Binney, former Technical Director of the NSA, who has explained in detail why an outside hack was technically impossible based on the forensic evidence provided.

The other key point that proves Mueller’s Inquiry was never a serious search for truth is that at no stage was any independent forensic independence taken from the DNC’s servers, instead the word of the DNC’s own security consultants was simply accepted as true.

The way I see this, the government is now down to proving that Assange aided Manning in breaking a password or two. The govt won't get by with merely attesting this, without proof. There is no proof. Passwordgate is now on the endangered "gate" list.

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detroitmechworks's picture

If we could only hook up the Democrat's denial and hypocrisy to a generator we could completely get rid of fossil fuels in like a month...

It's a miracle of the machine age! I'm sure that the Democrats will rush to take credit for solving the crisis immediately!

(If this actually works, don't tell me. I find that my jokes have a nasty way of being prescient. )

[video:https://www.youtube.com/watch?v=AjPau5QYtYs]

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I do not pretend I know what I do not know.

moneysmith's picture

I'm wondering why not one single candidate brought up "foreign election interference" during the Dem debates. You know, maybe talking about how important it is or putting secure elections on their platform -- that kind of thing. I mean, the Dems are the party that was supposedly cheated out of the presidency. And yet ... not a word. Or did I miss something?

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Hell is empty and all the devils are here. William Shakespeare

snoopydawg's picture

@moneysmith

great point. You'd think that if our elections were so threatened it would have been discussed in every fake debate. That no one did sure says a lot.

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Which AIPAC/MIC/pharma/bank bought politician are you going to vote for? Don’t be surprised when nothing changes.

enhydra lutris's picture

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That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --