Andrew Weissmann: The Epstein Releases Are a DISASTER | The Illegal News
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Summary
Takeaways
- ❖District and appellate courts have largely upheld the rule of law, unlike many other institutions that have 'caved' or engaged in appeasement.
- ❖The Department of Justice is seen as significantly worse than anticipated, acting as 'henchmen for the White House' with a perceived lack of independence at the leadership level.
- ❖The release of Epstein files has been a 'huge mess,' characterized by haphazard production, unexplained delays, and the discovery of a 'million more files' after initial claims of thorough review.
- ❖Todd Blanch, the Attorney General, is criticized for not releasing Epstein files sooner, despite claiming President Trump always wanted them public, only acting when Congress forced the issue.
- ❖The inclusion of a journalist's travel records in the Epstein files is 'not normal' and raises alarms about potential government surveillance of the press.
- ❖Congress possesses tools like public hearings (e.g., immunizing Ghislaine Maxwell) and the power of the purse to compel DOJ compliance, but political will is often lacking.
- ❖The Supreme Court's National Guard decision restricts the President's ability to federalize state guard units without first demonstrating that regular federal forces are insufficient.
- ❖The CIA's drone strike in Venezuela is viewed as a 'flagrant violation' of both domestic and international law, with no public Office of Legal Counsel opinions justifying its legality.
- ❖Concerns are high regarding potential attempts to interfere with upcoming elections, including federalizing voting machines or suppressing votes.
Insights
1DOJ's Haphazard Epstein File Release Fuels Cover-Up Concerns
The Department of Justice's handling of the Epstein file releases is described as 'unbelievable' and a 'huge mess.' Documents are produced, taken back, and names are revealed then redacted without clear explanation. The discovery of a 'million more files' from the SDNY after the DOJ claimed to have reviewed everything, and the failure to meet congressional deadlines, suggest either gross incompetence or an intentional cover-up.
Todd Blanch's statements, the sporadic release of eight datasets (15,000 files), and the subsequent announcement of a million more files from the SDNY. The host notes they are two weeks past the deadline.
2DOJ Leadership Lacks Independence, Acts as White House 'Henchmen'
Andrew Weissmann asserts that the Department of Justice is 'so much worse' than anticipated, operating without a 'shred of independence and integrity' at the leadership level. He characterizes DOJ leadership as 'henchmen for the White House,' contrasting this with line attorneys who still attempt to uphold the rule of law.
Weissmann's direct assessment of the DOJ's current state, citing instances where line attorneys in the Eastern District of Virginia refused to work on politically motivated cases.
3Journalist's Travel Records in Epstein Files Raise Surveillance Alarms
The inclusion of reporter Julie K. Brown's flight records, obtained via grand jury subpoena, in the Epstein file releases is deemed 'not normal' and 'raises alarms.' Weissmann questions the legitimate reason for the DOJ to obtain a journalist's travel information, suggesting it could be an attempt to monitor sources, which violates established guidelines for interacting with the press.
Julie K. Brown's report on Substack about her flight records being in the files, and Weissmann's experience with DOJ guidelines on obtaining information from journalists.
4Supreme Court Curbs Presidential Power Over State National Guard
The Supreme Court issued a decision restricting the President's ability to federalize a state's National Guard. The ruling mandates that the President must first demonstrate an inability to execute laws with 'regular forces' (including the military) before deploying state National Guard units, reinforcing states' rights and limiting executive overreach.
The National Guard decision, which 'soundly rejected the Trump administration's position,' and the interpretation of 'regular forces' to include the military.
5Legality of Venezuela Drone Strike Questioned, Labeled 'War Crime' or 'Murder'
The CIA's reported drone strike in Venezuela is described as a 'flagrant violation' of both domestic and international law. Without public Office of Legal Counsel opinions, the action is characterized as potentially a 'war crime' if the U.S. is considered at war, or 'plain old murder' if not. This highlights a perceived executive branch disregard for legal strictures on military force overseas.
Reports of the CIA drone strike, the lack of OLC opinions, and Weissmann's legal assessment based on international and domestic law.
Bottom Line
The current political climate discourages Congress from exercising its constitutional powers (like the power of the purse or compelling testimony) to ensure executive branch compliance, even when laws are violated.
This creates a vacuum where the executive branch can operate with diminished accountability, potentially leading to further abuses of power and erosion of checks and balances.
Public pressure and advocacy groups could focus on educating constituents about congressional powers and demand that representatives use these tools to enforce transparency and the rule of law, particularly in high-profile cases like the Epstein files.
The executive branch's strategy of delaying and obscuring information, rather than releasing it transparently, backfires politically by fueling conspiracy theories and increasing public distrust.
This approach, intended to protect political figures, instead draws more scrutiny and prolongs negative news cycles, ultimately harming the administration's credibility.
Future administrations or public bodies facing similar demands for transparency could adopt a 'get everything out early' strategy to minimize prolonged controversy and restore public confidence more quickly.
Lessons
- Demand transparency from government agencies, especially the Department of Justice, regarding sensitive investigations and document releases.
- Monitor the actions of the Supreme Court and lower federal courts, as they are identified as key institutions upholding the rule of law amidst other 'caving' entities.
- Advocate for congressional oversight committees to actively use their powers, such as compelling testimony (even from immunized witnesses like Ghislaine Maxwell) and leveraging appropriations, to ensure executive branch accountability.
Notable Moments
Andrew Weissmann's assessment of the Department of Justice's decline, contrasting its current leadership with the integrity of its line attorneys.
This highlights a critical internal conflict within the DOJ and suggests that politicization is concentrated at the top, rather than being pervasive throughout the institution.
The discussion of Congress's power to immunize Ghislaine Maxwell to compel her testimony, despite her current incarceration.
This reveals a potent, yet politically risky, mechanism Congress could use to uncover more information about the Epstein network and potential high-level complicity.
Quotes
"The Department of Justice is so much worse than I and I think many people ever anticipated because they are the henchmen for the White House. There's not even a shred of independence and integrity in my view left in terms of the leadership."
"If there's nothing there, you'd be like, I want every single document and every single image involving me to be put out as soon as possible, and none of that's happened. There's only one logical thing you could think, which is that they're hiding something."
"We don't do our investigations by you know drafting on the the work of a of a um journalist in this way. So I I really don't know why they got them and I don't understand the propriety of it."
"If we are in fact at war, uh, which the administration claims, there's widespread views that are said widely held that then this is a war crime. If that we are not at war... then we're just at plain old murder."
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