WEBVTT 1 00:00:00.160 --> 00:00:05.240 Let's see now if this is true, not that I 2 00:00:05.240 --> 00:00:07.960 would ever think you Goober's would send me something that's 3 00:00:08.039 --> 00:00:11.560 not true. I would never think that. But if this 4 00:00:11.720 --> 00:00:14.480 is true. Eleven eighty four, I found out that the 5 00:00:14.480 --> 00:00:19.760 weirdo who firebombed the Tesla dealership in Vegas and the 6 00:00:19.760 --> 00:00:23.839 weirdo who fire bombed people in Boulder, they lived less 7 00:00:23.879 --> 00:00:25.760 than a mile away from each other. In color lot 8 00:00:25.760 --> 00:00:32.159 of springs. Things that make you go, hmm, this is 9 00:00:32.200 --> 00:00:35.719 pretty good. Fifty four to thirty one. The left will continue. 10 00:00:35.759 --> 00:00:37.759 This is why it is exactly what I just said. 11 00:00:38.000 --> 00:00:40.920 The left will continue to downplay the riots until they 12 00:00:40.920 --> 00:00:44.119 get what they want, which is when a national Guard 13 00:00:44.240 --> 00:00:47.399 or even worse, the Marines kill someone. If that happens, 14 00:00:47.399 --> 00:00:48.399 we will never hear the. 15 00:00:48.399 --> 00:00:48.840 End of it. 16 00:00:51.479 --> 00:00:57.119 Someone on X yesterday described that scenario as the shot 17 00:00:57.240 --> 00:01:00.000 that will be heard around the world, and that's probably 18 00:01:00.159 --> 00:01:06.519 be true. Yes, we had the kids that were throwing 19 00:01:06.519 --> 00:01:09.599 the rocks at cars. Someone got killed, and they were 20 00:01:09.640 --> 00:01:12.000 just I think just this past week, or maybe it 21 00:01:12.040 --> 00:01:17.000 was this week, they were convicted, actually think convicted of murder. 22 00:01:18.040 --> 00:01:19.359 Thirty six oh two. Rights. 23 00:01:19.760 --> 00:01:22.640 Here's some perspective. There was a Coldplay concert the other 24 00:01:22.760 --> 00:01:25.680 night there were riots and a Rockies game all at 25 00:01:25.680 --> 00:01:32.879 the same time. Well, was the riot because the Rocky 26 00:01:33.200 --> 00:01:37.719 sucks so badly? Or was that a separate riot? Was 27 00:01:37.719 --> 00:01:40.239 that a riot trying to get rid of Montford? As 28 00:01:40.280 --> 00:01:43.400 the owner of what was going on, our TD received 29 00:01:43.400 --> 00:01:46.239 complaints that the trains had stopped running at twelve thirty. 30 00:01:46.760 --> 00:01:49.560 People were stranded and each didn't know about the other. 31 00:01:49.640 --> 00:01:51.560 What a world we live in when a riot and 32 00:01:51.560 --> 00:01:55.840 a Coldplay concert com collide. By the way, there were 33 00:01:55.920 --> 00:02:02.040 up eighty thousand people the Coldplay concert. Wow, Well, just remember. 34 00:02:02.280 --> 00:02:06.560 I kind of think my mindset today is that everything 35 00:02:06.599 --> 00:02:11.639 that's going on is this battle for our minds, and 36 00:02:12.240 --> 00:02:17.080 that's nothing new that's been going on forever. Advertisers know 37 00:02:17.199 --> 00:02:19.560 they're in a battle for your mind so that they 38 00:02:19.599 --> 00:02:23.360 can get your dollar. News is in a battle for 39 00:02:23.439 --> 00:02:26.800 your ears. Radios and eyes. Radios in a battle for 40 00:02:26.879 --> 00:02:30.680 your ears. We're all in these great battles, and you're 41 00:02:31.000 --> 00:02:37.000 just upon in the game of life, says Mondo. So 42 00:02:37.120 --> 00:02:42.439 there was an FBI crisis last week on social media, 43 00:02:44.120 --> 00:02:49.919 and it centered around something called prohibited files. Now, as 44 00:02:49.960 --> 00:02:52.439 much as I've dealt with the FBI in my lifetime. 45 00:02:52.840 --> 00:02:56.879 I've never heard of this. This was all news to me. 46 00:02:57.759 --> 00:03:00.879 So it started about a week ago when Grassley, the 47 00:03:01.159 --> 00:03:05.240 Senator from Iowa, who has been a staunch critical the FBI, 48 00:03:06.680 --> 00:03:11.319 released a twenty nineteen FBI memo. It was an email 49 00:03:11.919 --> 00:03:17.680 form in email format. We're in the memo. The author 50 00:03:17.759 --> 00:03:21.919 of that memo, who was an FBI agent Duh, noted 51 00:03:22.000 --> 00:03:24.840 that some of the files he was trying to get 52 00:03:24.960 --> 00:03:31.599 were prohibited access. Prohibited access. 53 00:03:32.879 --> 00:03:33.639 Now, all of my. 54 00:03:35.360 --> 00:03:39.039 Clearances that I had, and in all of the forms 55 00:03:39.039 --> 00:03:41.759 I had to fill out, and all of the cover 56 00:03:41.840 --> 00:03:44.840 sheets that I ever saw that you know, this is secret, 57 00:03:44.919 --> 00:03:49.159 this is top secret, this is TSSCI. 58 00:03:49.319 --> 00:03:49.919 This is. 59 00:03:51.719 --> 00:03:54.879 FOUO for official use only. I mean, just all the 60 00:03:54.919 --> 00:04:00.000 different classifications. I'd never heard of prohibited access. And apparently 61 00:04:00.120 --> 00:04:04.159 these files were related to Crossfire Hurricane, you know, that's 62 00:04:04.199 --> 00:04:06.560 the FBI code word for. 63 00:04:06.639 --> 00:04:08.520 The Russia collusion investigation. 64 00:04:09.680 --> 00:04:16.519 And these files apparently related specifically to Nelly Or, who 65 00:04:16.560 --> 00:04:19.879 the Center had referred to the Department of Justice for 66 00:04:21.000 --> 00:04:27.079 obstruction of Congress charges. Now, trust me, you can go 67 00:04:27.160 --> 00:04:31.360 down a really deep rabbit hole if you don't grasp 68 00:04:31.560 --> 00:04:39.759 the complex, the complex nature of crossfire hurricane. Every time 69 00:04:39.800 --> 00:04:42.319 I hear crossfire hurricane, all you can think about is 70 00:04:42.319 --> 00:04:47.839 the rolling stones. So let me give you some background. 71 00:04:49.120 --> 00:04:54.360 One of j Edgar Hoover's legacies was creating a record system. 72 00:04:54.879 --> 00:04:58.639 And this is one hundred years ago probably now, while 73 00:04:58.879 --> 00:05:02.079 it has certainly been over come by the modern technology 74 00:05:02.160 --> 00:05:04.879 we use today for filing system I mean when you 75 00:05:04.879 --> 00:05:08.040 think about a filing system today, I mean I still 76 00:05:08.079 --> 00:05:11.160 think I still have a file cabinet at home because 77 00:05:11.160 --> 00:05:14.920 I still have you know, the colored you know, Manila 78 00:05:14.959 --> 00:05:18.079 folders that have you know, certain records in it. You know, 79 00:05:18.160 --> 00:05:22.879 I got my tax records. Some of it's all duplicated. 80 00:05:23.279 --> 00:05:25.759 You know, I have hard copies of my tax returns 81 00:05:25.839 --> 00:05:28.560 and I have electronic copies of my tax returns. There 82 00:05:28.560 --> 00:05:31.079 are certain other documents I keep hard copies of and 83 00:05:31.160 --> 00:05:38.680 electronic electronic copies of. So when you think about filing systems, 84 00:05:41.639 --> 00:05:45.920 the old filing system by Jay Edgar Hoover really has 85 00:05:46.000 --> 00:05:48.319 been overtaken by modern technology. 86 00:05:48.439 --> 00:05:50.160 And you know you got file. 87 00:05:49.959 --> 00:05:57.519 Folders on your computer. Every field office and FBI headquarters 88 00:05:57.680 --> 00:06:04.600 maintains an index card file system. So when communications came 89 00:06:04.680 --> 00:06:09.360 into any of these offices or went out of the offices. 90 00:06:10.720 --> 00:06:14.959 The FBI agents would index important information from the file 91 00:06:15.639 --> 00:06:19.240 by underlining that with a red or blue pencil, read 92 00:06:19.279 --> 00:06:24.560 for subjects of investigations, blew us for references, and then 93 00:06:24.600 --> 00:06:27.839 the location of the file or the serial record or 94 00:06:28.000 --> 00:06:30.879 number was then recorded on an index card. 95 00:06:31.680 --> 00:06:32.399 Remember going to. 96 00:06:32.360 --> 00:06:35.439 The library, and in the library you'd have the index 97 00:06:35.519 --> 00:06:38.279 cards where you would go search for, you know, the book. Oh, 98 00:06:38.319 --> 00:06:40.639 here's the book. I'm going You get the you get 99 00:06:40.680 --> 00:06:43.439 the index number and go find it. They were kind 100 00:06:43.439 --> 00:06:47.000 of doing the same thing. So I tried to find 101 00:06:47.920 --> 00:06:50.000 an example, and here here's the best I can come 102 00:06:50.079 --> 00:06:54.240 up with. Uh, I think this if if there are 103 00:06:54.240 --> 00:06:57.560 any FBI agents which I happen to know down in 104 00:06:57.639 --> 00:07:00.639 Arizona a couple of places we gut FBI agent is listening. 105 00:07:01.720 --> 00:07:03.600 If this example doesn't work, to send me a text 106 00:07:03.639 --> 00:07:05.160 message and tell me why it doesn't work. 107 00:07:06.199 --> 00:07:07.120 Here's an example. 108 00:07:07.240 --> 00:07:10.839 You might have a file number ninety one a dash 109 00:07:10.959 --> 00:07:16.480 bs DASH one two, three four DASH one. Say Joe 110 00:07:16.560 --> 00:07:19.920 bag of doughnuts was the subject of an arm robbery 111 00:07:19.959 --> 00:07:24.839 investigation in Denver. He would be indexed in red into 112 00:07:24.920 --> 00:07:28.639 the file ninety one A. That's a designator for armed 113 00:07:28.680 --> 00:07:33.040 bank robbery, and then it would be you should have 114 00:07:33.120 --> 00:07:37.279 done ds BS I think would be for Boston, DS 115 00:07:37.360 --> 00:07:40.639 would probably be for or DV, or DN would be 116 00:07:40.680 --> 00:07:44.040 for Denver. One, two, three, four would be the file number, 117 00:07:44.879 --> 00:07:47.560 and then the DASH one that would be the first 118 00:07:47.600 --> 00:07:52.079 serial that would be in that entirety, entire file. So 119 00:07:52.160 --> 00:07:56.839 then later in the investigation, an important witness was developed, 120 00:07:58.000 --> 00:08:02.600 Betty boot It's indexed in the same file as a reference, 121 00:08:02.639 --> 00:08:08.120 so she would be underlined or highlighted as blue. And 122 00:08:08.160 --> 00:08:11.800 then a later serial maybe number seventeen or something. So 123 00:08:11.879 --> 00:08:16.160 then if an agent in outside Denver, maybe in Boston 124 00:08:16.240 --> 00:08:19.360 or Detroit, wanted to know if there were any FBI 125 00:08:19.560 --> 00:08:26.439 files on the you know, Joe Bagadonnuts or whoever it 126 00:08:26.560 --> 00:08:30.920 was that was the robber or on Betty Boop, he 127 00:08:30.959 --> 00:08:35.080 could send a lead out to every office and into 128 00:08:35.120 --> 00:08:41.279 the headquarters to check intoses for any files on those individuals. 129 00:08:41.960 --> 00:08:46.120 So a clerk in Boston or in Denver, or even 130 00:08:46.120 --> 00:08:49.080 a new agent just checking intoseas and responding to leeds, 131 00:08:50.000 --> 00:08:51.840 which is I think is something all new agents have 132 00:08:51.879 --> 00:08:56.720 to do, would go to the card file and see 133 00:08:56.759 --> 00:09:00.720 that you know, mister Bagadonuts mister bank robber was a 134 00:09:00.759 --> 00:09:04.919 subject and Betty Boop was a reference, and then he 135 00:09:04.960 --> 00:09:10.360 could send that information back to whatever field agent was 136 00:09:10.480 --> 00:09:15.399 asking for it. He consented to Detroit, Boston, you know, 137 00:09:15.440 --> 00:09:20.240 whoever asked for That system existed until the early nineteen nineties, 138 00:09:20.799 --> 00:09:23.879 and the nineteen nineties was when they first automated the 139 00:09:23.919 --> 00:09:28.000 case file system. But even then, just like with me, 140 00:09:28.879 --> 00:09:32.279 paper files remained relevant because it was going to take 141 00:09:32.360 --> 00:09:35.039 decades in fact, that they still had paper records to 142 00:09:35.080 --> 00:09:38.840 this day because to migrate all of those files, paper 143 00:09:38.840 --> 00:09:43.799 files into the automated case file system, the ACS system, 144 00:09:44.360 --> 00:09:47.919 that would take you know, probably decades to do. And 145 00:09:47.960 --> 00:09:52.639 of course then you had the very early system of 146 00:09:52.720 --> 00:09:58.279 electronic filing was not word searchable. You know, today just 147 00:09:58.279 --> 00:09:59.840 on my laptop, I can go up here and I 148 00:09:59.840 --> 00:10:05.440 can I can click on this little magnifier looks like 149 00:10:05.440 --> 00:10:09.120 a little magnifying glass, and the window pops up on 150 00:10:09.159 --> 00:10:12.759 my book pro for a spotlight search, and I can 151 00:10:12.840 --> 00:10:15.440 just type in some keywords and that will return to 152 00:10:15.480 --> 00:10:20.480 me every file, email, everything that's on this hard drive 153 00:10:21.080 --> 00:10:24.960 that has those keywords. Well, the early system didn't have that. 154 00:10:25.279 --> 00:10:31.919 The later systems do so indosing indexing is still relevant 155 00:10:31.919 --> 00:10:36.639 today because with literally billions of pages of information, a 156 00:10:36.759 --> 00:10:41.720 word search for Michael Brown or John Doe or John 157 00:10:41.759 --> 00:10:46.840 Smith but might be useless. Too much information is as 158 00:10:46.879 --> 00:10:50.279 worthless as no information. I find that to be true 159 00:10:50.320 --> 00:10:51.759 even in my little laptop here. 160 00:10:52.840 --> 00:10:53.600 So there are. 161 00:10:53.519 --> 00:11:00.480 Still rules about indexing related to privacy. Well, let's think 162 00:11:00.480 --> 00:11:06.240 about these hidden files. Open investigations in the early days 163 00:11:06.240 --> 00:11:09.879 were kept on the squad in a circular file called 164 00:11:09.879 --> 00:11:14.240 a rotor. Closed files were kept in a room, maybe 165 00:11:14.320 --> 00:11:17.840 on different floors, in the field office or at headquarters. 166 00:11:18.519 --> 00:11:21.679 The informant files were kept in a secure room where 167 00:11:21.679 --> 00:11:24.679 only a few people had access. You had to check out, 168 00:11:25.240 --> 00:11:29.799 you know, you had to check out informant files for example, 169 00:11:30.120 --> 00:11:32.799 and if it wasn't your informant, you had to have 170 00:11:32.840 --> 00:11:34.639 a good reason to check out that file. 171 00:11:35.279 --> 00:11:36.200 And then you had. 172 00:11:36.200 --> 00:11:39.919 Especially sensitive files that might be kept in the special 173 00:11:39.960 --> 00:11:45.200 Agent in charge's office literally in his office or her office. 174 00:11:45.440 --> 00:11:50.159 Really sensitive files. Well, originally those were kept in J. 175 00:11:50.480 --> 00:11:55.879 Edgar Hoover's office. Now reportedly a lot of those files 176 00:11:56.279 --> 00:12:01.480 were destroyed by Hoover's longtime secretary Helen Gandhy. But I'm 177 00:12:01.519 --> 00:12:03.559 not going to down that rabbit hole right now. So 178 00:12:03.840 --> 00:12:06.679 you can see that now in the electronic case file 179 00:12:06.759 --> 00:12:10.519 age where security of files might be a problem. Because 180 00:12:10.559 --> 00:12:14.120 most of the FBI is somewhat over thirty thousand employees, 181 00:12:14.840 --> 00:12:18.919 they're all very honorable people. They don't commit espionage, they 182 00:12:18.919 --> 00:12:21.639 don't leak sensitive information to the media, they don't lie 183 00:12:21.679 --> 00:12:24.399 to the FISA court. But not all of them do. 184 00:12:26.279 --> 00:12:33.480 Even the FBI recognizes that they can't even trust all 185 00:12:33.519 --> 00:12:40.960 of their own agents. And that gets us to restricted access. 186 00:12:41.080 --> 00:12:46.720 The FBI created files that were marked restricted access and 187 00:12:46.840 --> 00:12:52.759 what was then known as silent HIT designators. Now I 188 00:12:52.799 --> 00:12:55.960 don't know this for sure, but it sounds like the 189 00:12:56.000 --> 00:12:58.679 silent HIT is now being. 190 00:12:58.600 --> 00:13:01.679 Also called prohibited access. 191 00:13:02.399 --> 00:13:07.399 So you had restricted access and now you have prohibited access. 192 00:13:09.519 --> 00:13:09.759 Now. 193 00:13:09.840 --> 00:13:13.879 The major feature here seems to be that a false 194 00:13:14.120 --> 00:13:18.559 negative is created when you do a search that hits 195 00:13:18.720 --> 00:13:24.159 on one of those restricted or prohibited access files. In 196 00:13:24.159 --> 00:13:28.120 other words, it returns no information. So if you're searching, 197 00:13:28.440 --> 00:13:32.840 you're told there's no file, there's no reference to your inquiry. 198 00:13:33.480 --> 00:13:38.720 Apparently that's not new. Restricted access means that when an 199 00:13:38.879 --> 00:13:41.440 FBI employed, doesn't that be an agent could be you know, 200 00:13:41.480 --> 00:13:46.879 a clerk when they run a name or any other information, 201 00:13:48.000 --> 00:13:50.600 they know a file or a reference exists, they just 202 00:13:50.639 --> 00:13:55.440 can't see it. But for security reasons, the FBI might 203 00:13:55.519 --> 00:13:59.320 not want just any employee to know that a file 204 00:13:59.399 --> 00:14:04.080 even exists, so they created the silent hip feature. Now 205 00:14:04.120 --> 00:14:07.159 when that happened, and notice is sense somewhere I don't know, 206 00:14:07.240 --> 00:14:10.000 the head of the office, maybe the head of security 207 00:14:10.200 --> 00:14:13.039 in the Security Division, I don't know, but that but 208 00:14:13.279 --> 00:14:19.759 it gets sent somewhere advising something like, hey, special Agent 209 00:14:20.200 --> 00:14:24.879 Brown in Denver just ran a search for. 210 00:14:27.919 --> 00:14:29.559 Let's say Helen. 211 00:14:29.399 --> 00:14:35.000 Or or not Helen or oh what was that damn 212 00:14:35.039 --> 00:14:41.759 woman's name in Nelly or Nelly or someone you know. 213 00:14:41.799 --> 00:14:45.480 Special Agent Brown just ran a search with an inquiry 214 00:14:45.840 --> 00:14:46.759 for Nelly or. 215 00:14:48.399 --> 00:14:48.639 Now. 216 00:14:49.080 --> 00:14:51.480 I don't see I'm the one that made the request. 217 00:14:52.360 --> 00:14:57.759 I see no return. But somebody within the agency, probably 218 00:14:57.759 --> 00:14:59.000 within the Security Division. 219 00:14:59.200 --> 00:15:00.360 And my guess is. 220 00:15:00.159 --> 00:15:03.440 Probably now whether this is still true with Cash Ptel 221 00:15:03.519 --> 00:15:05.960 and Dan Bongenio, I don't know, but at least with 222 00:15:06.159 --> 00:15:10.919 Christopher Ray, it was true that somebody in headquarters got 223 00:15:10.960 --> 00:15:15.200 notified that, uh, oh, somebody's trying to get access. They've 224 00:15:15.240 --> 00:15:18.519 ran a word surge and they there was a hit 225 00:15:18.679 --> 00:15:23.000 on a prohibited or restricted access file. Wow, you don't 226 00:15:23.039 --> 00:15:26.679 infest your own people, law enforcement that they're all looking 227 00:15:26.679 --> 00:15:38.919 over their shoulders. This is fascinating to me. You remember 228 00:15:39.000 --> 00:15:43.960 the oh what was this Robert Hanson, the FBI trader. 229 00:15:44.000 --> 00:15:47.039 He was the head of the FBI counter intelligence that 230 00:15:47.120 --> 00:15:52.799 sold classified documents to the Soviets for decades, ran himself 231 00:15:53.000 --> 00:15:57.559 in indices all the time to find out if he 232 00:15:57.639 --> 00:16:00.799 was the subject of an espionage in thestigation, and in 233 00:16:00.840 --> 00:16:06.559 fact he was. I'd be shocked if every spy in 234 00:16:06.600 --> 00:16:11.080 the modern era everywhere hasn't at one time done the same. 235 00:16:12.919 --> 00:16:19.639 If if I knew that I Heart kept separate files, 236 00:16:20.519 --> 00:16:26.879 sensitive prohibited restricted files on me on a rod or 237 00:16:26.919 --> 00:16:32.639 on Redbeard, and I had access to run a search, 238 00:16:33.240 --> 00:16:36.799 damn right, I would, And you know you do it too. 239 00:16:38.279 --> 00:16:44.279 For restricted access and prohibited access files make imminent sense 240 00:16:45.000 --> 00:16:51.480 in that regard. Not everybody with an FBI credential or 241 00:16:51.600 --> 00:16:54.200 clearance should have access to everything. 242 00:16:54.799 --> 00:16:57.279 Michael, there is no doubt in my mind that my 243 00:16:57.440 --> 00:17:00.919 heart has some quote special files on you. 244 00:17:04.240 --> 00:17:06.799 Yeah, I see, I don't even want to think about that. 245 00:17:08.039 --> 00:17:13.640 So remember all this whole controversy that erupted last week 246 00:17:14.359 --> 00:17:19.480 centers around Crossfire Hurricane and all the communications about that 247 00:17:20.119 --> 00:17:24.400 Russia Russia Russian investigation. So it makes this whole story 248 00:17:24.440 --> 00:17:31.319 automatically political. Both pro Trump and anti Trump actions can 249 00:17:31.400 --> 00:17:34.000 find and acts to grind if they want to. With 250 00:17:34.039 --> 00:17:38.200 the notion that all files related to Crossfire Hurricane were 251 00:17:38.240 --> 00:17:41.720 not accessible to FBI agents who were looking and had 252 00:17:41.720 --> 00:17:45.759 good reason to be looking, and in the case of 253 00:17:45.799 --> 00:17:49.279 the new memo, it was the Washington Field Office agents 254 00:17:49.359 --> 00:17:53.519 on a criminal squad who probably had limited at least 255 00:17:53.559 --> 00:17:58.039 some official knowledge of Crossfire Hurricane at the time, hence 256 00:17:58.079 --> 00:18:06.160 their frustration. So there are a lot of I shouldn't 257 00:18:06.160 --> 00:18:08.359 say a lot. There's been a few lawyers on my 258 00:18:08.440 --> 00:18:11.640 ex speed that I've seen, but a lot of keyboard 259 00:18:11.720 --> 00:18:16.839 warriors on X also claiming that so called prohibited access 260 00:18:18.319 --> 00:18:23.200 forwards what is known as the Brady rule. Do you 261 00:18:23.240 --> 00:18:25.359 remember the Brady rule that should be note in your 262 00:18:25.400 --> 00:18:30.519 law school notebook. That's the Supreme Court ruling that requires 263 00:18:30.720 --> 00:18:34.359 the prosecutors the government, if you will to turn over 264 00:18:34.480 --> 00:18:39.359 any exculpatory information to a defendant, any information that is 265 00:18:39.400 --> 00:18:43.920 beneficial to a defendant, you're required to give that information 266 00:18:44.079 --> 00:18:48.519 to them. It's called the Brady rule. Now, the critics 267 00:18:49.119 --> 00:18:54.960 claim that if the FBI can't find the information because 268 00:18:55.000 --> 00:18:58.680 it's prohibited, then it can't be turned over under the 269 00:18:58.720 --> 00:19:02.200 Brady rule. But then there are others that are arguing 270 00:19:02.240 --> 00:19:03.880 that there are many cases that are going to be 271 00:19:03.960 --> 00:19:07.880 overturned because of this. I happen to fall on the 272 00:19:07.960 --> 00:19:13.960 side of that. If this is Brady evidence, if this 273 00:19:14.160 --> 00:19:19.440 is evidence in favor of showing that Trump was not 274 00:19:19.720 --> 00:19:23.240 guilty of stuff, or for that matter, anybody else. 275 00:19:23.079 --> 00:19:27.119 Involved in the Russia collusion oaks, I. 276 00:19:27.039 --> 00:19:30.680 Don't care whether it's in a prohibited file, a restricted file, 277 00:19:30.759 --> 00:19:32.079 or prohibited access file. 278 00:19:32.160 --> 00:19:36.119 I don't care what you call it. You have it. 279 00:19:37.359 --> 00:19:40.359 And just because if you are the person in charge 280 00:19:40.359 --> 00:19:43.640 of responding to a subpoena that you don't have access 281 00:19:43.720 --> 00:19:49.079 to it, that's not an excuse you have to make. 282 00:19:50.440 --> 00:19:53.000 At least in the private sector, you do. You know, 283 00:19:53.079 --> 00:19:56.480 sometimes you will get I saw a letter that I 284 00:19:56.559 --> 00:19:59.559 forget whether it was Comer or Jim Jordan or somebody 285 00:20:00.240 --> 00:20:04.680 had sent some person who is the head of some 286 00:20:05.079 --> 00:20:11.880 NGO and Congress is doing some investigation, and I you know, 287 00:20:12.000 --> 00:20:15.519 as a lawyer, I've drafted these lawyers these letters, and 288 00:20:15.759 --> 00:20:18.240 I've received these letters, and we have a clients before 289 00:20:19.200 --> 00:20:24.079 where it basically says you're under investigation and we want 290 00:20:24.119 --> 00:20:30.279 you to preserve and then here's a list everything. Well, 291 00:20:32.160 --> 00:20:37.599 I know that I would advise my client that you 292 00:20:37.839 --> 00:20:43.559 need to search everywhere all four corners of your business, 293 00:20:43.640 --> 00:20:47.559 all four corners of your operation, to find any and 294 00:20:47.599 --> 00:20:53.160 all relevant material. And if I were back in my 295 00:20:53.200 --> 00:20:57.039 old days as general counsel at FEMA, and if we 296 00:20:57.240 --> 00:21:01.720 had files like this one, I would hope that I 297 00:21:01.759 --> 00:21:04.440 would know about it. If I didn't, hedge would roll. 298 00:21:05.079 --> 00:21:08.599 But assuming that I knew about it, if we had 299 00:21:08.759 --> 00:21:16.359 a subpoena asking for all documentation about Katrina, whatever it 300 00:21:16.400 --> 00:21:17.160 might be, I don't care. 301 00:21:17.200 --> 00:21:21.640 What is nine to eleven whatever, I would. 302 00:21:21.480 --> 00:21:27.200 Tell them, don't necessarily turn that information over yet, but 303 00:21:27.400 --> 00:21:32.039 acknowledge that we have it and we're reviewing it for 304 00:21:32.319 --> 00:21:37.119 national security purposes. And once we get clearance from the 305 00:21:37.160 --> 00:21:41.119 White House, the CIA, the DIA, the NSSAY and everybody, 306 00:21:41.200 --> 00:21:42.880 we'll give it to you. But I'll tell you we 307 00:21:43.000 --> 00:21:46.440 have it, and I might give you a general summary 308 00:21:46.440 --> 00:21:47.240 of what it might be. 309 00:21:50.720 --> 00:21:55.000 Well, all of this is nonsense. Now, I don't know. 310 00:21:55.519 --> 00:21:58.359 I would guess that the number of prohibited access files 311 00:21:58.400 --> 00:22:02.359 that the FBI is probably pretty small. Almost all are 312 00:22:02.359 --> 00:22:05.559 probably intelligence cases that will never see the inside of 313 00:22:05.559 --> 00:22:08.799 a court room because they're classified and a judge, a 314 00:22:08.880 --> 00:22:13.000 judge might review them if the judge, you know, in 315 00:22:13.079 --> 00:22:16.920 the case, if the judge is handling a national security case, 316 00:22:17.200 --> 00:22:19.039 the judge will have a clearance and be able to 317 00:22:19.039 --> 00:22:21.559 review them, but that does not mean that the judge 318 00:22:21.640 --> 00:22:25.839 is going to release them for the trial. Even high 319 00:22:25.880 --> 00:22:30.319 profile criminal cases that do eventually involve prosecutions are assigned 320 00:22:30.319 --> 00:22:33.839 to case agents who likely have access to everything and 321 00:22:33.920 --> 00:22:39.759 know what's in these prohibited files, and they know what's important, 322 00:22:40.160 --> 00:22:41.839 and they know what has to be turned over under 323 00:22:41.839 --> 00:22:48.880 the Brady rule. So even in the Grassly memo example, 324 00:22:49.920 --> 00:22:53.359 there is so much known about Crossfire, Hurricane and Nelly 325 00:22:53.559 --> 00:22:56.400 or the subject of the memo and the rabbit Hole alert, 326 00:22:57.599 --> 00:23:02.039 it's I think highly unlikely that anything in a prohibitive file. 327 00:23:03.799 --> 00:23:06.519 Remember this is back in twenty nineteen. We're talking about 328 00:23:06.559 --> 00:23:09.519 twenty twenty five. Now, isn't it amazing how long you have? 329 00:23:09.680 --> 00:23:12.680 I mean, that seems like yesterday talking about crossfire hurricane, 330 00:23:12.839 --> 00:23:16.960 the Russian collusion hoax. On the left hand, that seems 331 00:23:17.000 --> 00:23:20.319 like yesterday, and then when you realize that's twenty nineteen, 332 00:23:20.640 --> 00:23:26.240 that seems like a century ago. Well back to Crossfire 333 00:23:26.279 --> 00:23:32.599 Hurricane and Nelly or the subject of that memo, since 334 00:23:32.640 --> 00:23:37.880 this was six years ago. I'm guessing, purely guessing that 335 00:23:38.039 --> 00:23:41.720 most of all of the information was a venture eventually 336 00:23:41.920 --> 00:23:44.359 released from prohibited status. 337 00:23:45.039 --> 00:23:47.000 But my. 338 00:23:48.480 --> 00:23:55.519 Cynicism about the federal government at large, all government in general, 339 00:23:56.480 --> 00:24:01.920 the FBI in particular, I don't know that I really 340 00:24:02.559 --> 00:24:06.240 would say that. I think most of that's been released. 341 00:24:08.359 --> 00:24:13.039 But a complicating factor is this, The Grassy Memo occurred 342 00:24:13.119 --> 00:24:17.599 during e turn over in the Crossfire Hurricane investigation from 343 00:24:17.720 --> 00:24:20.480 Bob Muller, the Special Council. Remember he got the case 344 00:24:20.519 --> 00:24:26.400 back in what twenty seventeen back to the FBI. So 345 00:24:26.480 --> 00:24:30.000 the files have gone back and forth. Now that may 346 00:24:30.039 --> 00:24:35.440 seem innocuous to you, but anytime files are transferred, you 347 00:24:35.559 --> 00:24:38.480 run the risk that they're going to be intercepted, either 348 00:24:39.279 --> 00:24:43.640 you know, overtly or covertly on purpose or accidentally. Those 349 00:24:43.720 --> 00:24:47.640 files are going to get released. Remember how there were 350 00:24:47.680 --> 00:24:51.279 twenty seven phones assigned to Bob Moller. Remember this, It's 351 00:24:51.279 --> 00:24:53.839 so easy to forget all this stuff. Bob Muller had 352 00:24:53.880 --> 00:24:57.880 twenty seven I think they were iPhones, and they got 353 00:24:57.920 --> 00:25:03.119 wiped before they returned to Now, why do you suppose 354 00:25:03.160 --> 00:25:07.279 that is why? 355 00:25:08.160 --> 00:25:08.319 Now? 356 00:25:08.319 --> 00:25:12.039 I think the FBI can be held accountable. Now special 357 00:25:12.039 --> 00:25:15.519 counsels that fade away probably cannot. But maybe in the 358 00:25:15.559 --> 00:25:22.000 future special council should not have prohibited access authority. In fact, 359 00:25:22.680 --> 00:25:26.680 maybe we shouldn't have that classification at all, or if 360 00:25:26.720 --> 00:25:30.599 there is, maybe there ought to be available to somebody, 361 00:25:31.000 --> 00:25:34.720 you know, free. I'll just go back to my homeland 362 00:25:34.720 --> 00:25:38.519 security days. So we had security officers, and I don't 363 00:25:38.519 --> 00:25:41.400 mean like physical security officers. I mean the people that 364 00:25:41.480 --> 00:25:46.279 dealt with clearances and classifications and everything. And so they 365 00:25:46.519 --> 00:25:51.519 had clearances that pretty much gave them access to virtually everything. 366 00:25:52.920 --> 00:25:58.880 They were very well vetted, and they were under incredible restrictions. 367 00:26:00.799 --> 00:26:04.759 The FBI at least have those security officers. I don't 368 00:26:04.759 --> 00:26:07.519 know whether they do or not. I can't determine whether 369 00:26:07.519 --> 00:26:09.119 they do or not. I mean, I know they have 370 00:26:09.160 --> 00:26:12.200 to have security officers, I think. To refine my point, 371 00:26:12.400 --> 00:26:15.559 I'm not really sure they have access to these prohibited 372 00:26:15.599 --> 00:26:19.599 access files. So does this mean everything is now okay, No, 373 00:26:19.720 --> 00:26:22.759 it does not. Like everything in law enforcement, everything in 374 00:26:22.799 --> 00:26:27.440 the intelligence agencies, there needs to be some guardrails. And 375 00:26:27.480 --> 00:26:32.839 in the case of these restricted and prohibited files, if 376 00:26:33.000 --> 00:26:37.559 the following things don't exist, then they need to be created. 377 00:26:38.599 --> 00:26:39.400 And let's just do this. 378 00:26:39.480 --> 00:26:41.559 Let's take a break early, and I'll go through what 379 00:26:41.599 --> 00:26:43.200 I think they need to do. And I think that 380 00:26:43.559 --> 00:26:49.359 Bongino and Patel, and quite frankly, I think Senator Grassley 381 00:26:49.960 --> 00:26:53.559 needs to take the lead on this. I'm not criticizing 382 00:26:53.599 --> 00:26:57.440 Patel and Bongino by any means. I'm just saying that 383 00:26:57.680 --> 00:26:59.720 this ought to be done in conjunction with the United 384 00:26:59.759 --> 00:27:05.079 States Senate because they have oversight responsibility and there needs 385 00:27:05.119 --> 00:27:09.839 to be some institutional knowledge about how the FBI maintains 386 00:27:09.880 --> 00:27:14.559 these files. Because when you start as we now are 387 00:27:14.599 --> 00:27:18.960 in this current environment, when we have investigations about sitting presidents, 388 00:27:20.279 --> 00:27:27.079 including the former president, then somebody on Capitol Hill needs 389 00:27:27.079 --> 00:27:31.599 to understand how they keep files. Of course, I kind 390 00:27:31.640 --> 00:27:35.920 of believe this about life in general, not just law enforcement, 391 00:27:36.079 --> 00:27:39.680 not just the intel agencies, not just government. But you know, 392 00:27:39.839 --> 00:27:43.839 you raise your kids, you have guardrails. You know, we 393 00:27:44.319 --> 00:27:48.200 have in this highly regulated industry, we have guardrails. 394 00:27:49.200 --> 00:27:53.200 You know, there was oh, I know what it was. 395 00:27:53.839 --> 00:27:54.599 So there was. 396 00:27:54.640 --> 00:28:02.960 A EAS alert on television at the other day, and 397 00:28:03.119 --> 00:28:08.240 I naturally just started mimicking the sound. If I did 398 00:28:08.279 --> 00:28:12.279 that right now on this microphone, that's subject to a 399 00:28:12.480 --> 00:28:18.039 huge fine by the FCC. And I mimicked the tone 400 00:28:18.079 --> 00:28:20.799 simply because I was in charge of the EAES when 401 00:28:20.799 --> 00:28:23.119