Comment by nickpinkston

13 hours ago

I wonder if any of this is a conscious act of resistance vs. just incompetence.

And yes, I've heard of Hanlon's Razor haha

https://en.wikipedia.org/wiki/Hanlon%27s_razor

Black square vs redaction tool difference is well known if someone's job involves redacting PDF or just working with PDF. It's most likely that additional staffs were pulled in and weren't given enough training.

  • Colleagues whose full time job is doing this sort of thing for various bits of the government have told me this is exactly the case here. People from all over the government have been deputized to redact these documents with little or no prior training.

    • I wonder if this activity is being used as a kind of loyalty test. Keep track of who is assigned to redact what, and then if certain files leak or are insufficiently redacted, they indicate who isn't all in on Dear Leader.

      It's not like a few more stories of Trump raping $whomever are going to move the needle at all, especially with how the media is on board with burying negative coverage of the regime.

      Also if you're wondering how this activity isn't some kind of abuse of government resources, keep in mind that thanks to the Supreme Council's embrace of the Unitary Executive Theory (ie Sparkling Autocracy), covering up evidence about Donald Trump raping under-aged sex trafficking victims is now an official priority of the United States Government.

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  • It seems insane that nobody at the other end runs something as simple as MAT or imagick (twice) over it to take the text layers out before uploading though. I hope this is at least partially intentional.

  • My understanding is that many people were fired and replaced by loyalists at the FBI. I think there are a lot of incompetent people working there right now.

A third possibility is diversion, while the most damaging evidence would be suppressed a different way.

Given the sheer number of people they had to pull in and work overtime to redact Trump's name as well as those of prominent Republicans and donors as per numerous sources within the FBI and the administration itself, incompetence is likely for a chunk of it.

  • It’s funny that this effort, the largest exertion of FBI agents second only to 9/11, seems to be unprepared to redact. Cynically, I’m prepared for it to be part of a generative set of PDFs derived from the prompt “create court documents consistent with these 16 PDFs which obscure the role of Donald Trump between 1993 and 1998.”

    • Generative subterfuge aside, the information being "uncovered" through copy-and-paste could have been modified and we would never know.

      I'm leaning towards negligence though.

Reporting is that they had a basically impossible deadline and they took lawyers off of counterintelligence work to do this. So a conscious act of resistance is possible, but it's a situation where mistakes are likely - people working very quickly trying to meet a deadline and doing work they aren't that familiar with and don't really want to be doing.

  • It seems like a common tactic by this administration is to just not do what they are required to do until they have been told 50 times and criminal charges are being filed. I suspect the actual truth here is 'don't do this' turned into 'you have 1 day to do this and keep my name out of the release' which led to lots of issues. They probably spent more time deciding the order of pages to release, and how to avoid releasing the things damaging to the administration, than actually doing the work needed to release it. Now they will say 'look, see! You didn't give us enough time and our incompetence is the proof'

  • Considering the Comey, James, and Adams debacles, seems quite likely they're purged most people with a shred of competence.

There's a third option: Ambivalence.

Any major documents/files have been removed all together. Then the rest was farmed out to anyone they could find with basic instructions to redact anything embarrassing.

Since there's absolutely zero chance anyone in the administration will ever be held accountable for what's left, they're not overly concerned.

The thing that I've been waiting to see for years is the actual video recordings. There were supposedly cameras everywhere, for years. I'm not even talking about the disgusting stuff, I'm talking security for entrances, hallways, etc.

The FBI definitely has them, where are they?

What about Maxwell's media files? There was nothing found there? Did they subpoena security companies and cloud providers?

The documents are all deniable. Yes video evidence can now be easily faked, but real video will have details that are hard to invent. Regardless, videos are worth millions of words.

It's a good question.

For context, lawyers deal with this all the time. In discovery, there is an extensive document ("doc") review process to determine if documents are responsive or non-responsive. For example, let's say I subpoenaed all communication between Bob and Alice between 1 Jan 2019 and 1 Jan 2020 in relation to the purchase of ABC Inc as part of litigation. Every email would be reviewed and if it's relevant to the subpoena, it's marked as responsive, given an identifier and handed over to the other side. Non-responsive communication might not be eg attorney-client communications.

It can go further and parts of documents can be viewed as non-responsive and otherwise be blacked out eg the minutes of a meeting that discussed 4 topics and only 1 of them was about the company purchase. That may be commercially sensitive and beyond the scope of the subpoena.

Every such redaction and exclusion has to be logged and a reason given for it being non-responsive where a judge can review that and decide if the reason is good or not, should it ever be an issue. Can lawyers find something damaging and not want to hand it over and just mark it non-responsive? Technically, yes. Kind of. It's a good way to get disbarred or even jailed.

My point with this is that lawyers, which the Department of Justice is full of, are no strangers to this process so should be able to do it adequately. If they reveal something damaging to their client this way, they themselves can get sued for whatever the damages are. So it's something they're careful about, for good reason.

So in my opinion, it's unlikely that this is an act of resistance. Lawyers won't generally commit overt illegal acts, particularly when the only incentive is keeping their job and the downside is losing their career. It could happen.

What I suspect is happening is all the good lawyers simply aren't engaging in this redaction process because they know better so the DoJ had the wheel out some bad and/or unethical ones who would.

What they're doing is in blatant violation to the law passed last month and good lawyers know it.

There's a lot of this going on at the DoJ currently. Take the recent political prosecutions of James Comey, Letitia James, etc. No good prosecutor is putting their name to those indictments so the administration was forced to bring in incompetent stooges who would. This included former Trump personal attorneys who got improerly appointed as US Attorneys. This got the Comey indictment thrown out.

The law that Ro Khanna and Thomas Massey co-sponsored was sweeping and clear about what needs to be released. The DoJ is trying to protect both members of the administration and powerful people, some of whom are likely big donors and/or foreign government officials or even heads of state.

That's also why this process is so slow I imagine. There are only so many ethically compromised lackeys they can find.

  • Fine, but the teeth of this act belong to some future justice department. I predict Trump will issue blanket pardons for everyone involved, up to Bondi; and that none of them will respect a congressional subpoena.

    • There's already bipartisan talk of inherent contempt being applied in the House, so the teeth might not wait for a future justice department.

    • There's no putting this genie back in the bottle.

      MAGA is a cult and every cult has a mission. MAGA's mission is to uncover the elite pedophile ring. A cult can only be sustained so long as the mission is incomplete. Epstein is core foundational mythology. It's going to be really difficult if not impossible to redirect this.

      You'll notice that Mike Johnson once again has put Congress in recess to avoid it taking action, this time a day before the 30 day deadline. The last time was for 7 weeks to try and get Republicans to remove their names from the discharge petition to avoid all this. Republicans know what a core problem this is.

      So it's politically damaging with his base for Trump to pardon attorneys involved in obstructing this. But even if he weathers that, it doesn't solve his problem.

      For one, any attorneys despite any pardon are subject to disciplinary proceedings (including disbarment) as well as possible state charges.

      For another, this stuff is simply going to get out. Where previously a DoJ attorney would be committing career suicide if they got caught leaking things like grand jury testimony and confidential non-prosecution agreements, now they're obligated to. So they're not leakers anymore, they're whistleblowers who are following the law.

      Congress will eventually have to come back into session and Pam Bondi may actually face a real risk of impeachment. If that happens, who is going to want this job when the key requirement is being such a loyalist that you have to break the law?

      Congress will also seek compliaance from DoJ and hold investigations as well as drip feed their own documents from,say, the House Oversight Committee.

      And in the wings we still have Ghislaine Maxwell who is clearly operating under an implicit understanding that she will get a pardon or, more likely, a commutation. Her move to a lower security prison that isn't eligible for her type of offenses was (IMHO) clearly a move to buy her continued silence until it became politically possible to free her. I don't think that's ever going to be possible other than maybe a lame duck pardon when leaving office.

      This story is only getting bigger.

  • > My point with this is that lawyers, which the Department of Justice is full of, are no strangers to this process so should be able to do it adequately. If they reveal something damaging to their client this way, they themselves can get sued for whatever the damages are. So it's something they're careful about, for good reason.

    > So in my opinion, it's unlikely that this is an act of resistance. Lawyers won't generally commit overt illegal acts,

    Political redaction in this release under the Epstein Transparency Act is an overt, illegal act.

    Does that reconfigure your estimation of whether DoJ attorneys that aren't the Trump inner-circle loyalists installed in leadership roles might engage in resistance against (or at least fail to point out methodological flaws in the inplmentation of) it?