TEXT of Ray’s Subpoena Response to Aaron Rich and DNC-Affiliated Lawyers

( Follow up to May 11, 2020. https://raymcgovern.com/2020/05/11/so-how-did-the-dnc-emails-get-to-wikileaks/ )

Ray has been asked to post the text of his initial response to Michael J. Gottlieb to the subpoena served to Ray last December, as a new, separate posting sans introduction.  For background on Gottlieb, see this short clip in which he and Anderson Cooper discuss  “conspiracy theories” about Seth Rich: https://www.youtube.com/watch?v=A9t6zLx6hl8 .

Raymond L. McGovern

Michael J. Gottlieb
C/O Graebe Hanna & Sullivan, PLLC
4350 Lassiter at North Hills Ave., Suite 375
Raleigh, NC 27609

Re: Subpoena, Civil Action No. 1:18-cv-00681-RJL
Aaron Rich Plaintiff v Edward Butowsky et al.

Dear Mr Gottlieb:

Reference is made to “Document request No. 1,” to wit:

All Documents and Communications, excluding any Documents or Communications that you have published in public sources, relating to claims that (1) the Democratic National Committee was not hacked by the Russians in 2016 or (2) that the Democratic National Committee data was “leaked” and not “hacked,” including but not limited to claims made in memos by members of the Veteran Intelligence Professionals for Sanity (“VIPS”) found on line at

https://consortiumnews.com/2017/07/24/intel-vets-challenge-russia-hack-evidence/;
https://consortiumnews.com/2017/01/17/a-demand-for-russian-hacking-proof/;
https://consortiumnews.com/2016/12/12/us-intel-vets-dispute-russia-hacking-claims/.

It is gratifying to see the subpoena highlight three of the key Veteran Intelligence Professionals for Sanity (VIPS) Memoranda for the President (two to Barack Obama and one to Donald Trump), in which we applied the principles of physics and forensic science to show that the DNC emails were leakedin spring 2016 — not given to WikiLeaks via a hack by Russia or by anyone else. For the past three years, we have been trying to call attention to those findings.

I would call particular attention to the second referenced Memoranda (the one addressed to President Obama on January 17, 2017 entitled “A Key Issue [namely, Russian ‘hacking’ given to WikiLeaks] That Still Needs to be Resolved”).  The following day Obama actually addressed that issue at a press conference, when he conceded that the intelligence community had no idea how the DNC emails reached WikiLeaks.

Although Obama was thoroughly briefed less than two weeks before by the rump intelligence-community trio of James Comey, John Brennan, and James Clapper, Obama was not buying their “Russian-hack-to-WikiLeaks” high-confidence assessment. At a public meeting on November 13, 2018, I asked James Clapper why his then-boss saw fit to call the trio’s “conclusions” on that key issue “inconclusive.”  Clapper replied: “I can’t explain what he [Obama] said or why.  But I can tell you we’re, we’re pretty sure we know, or knew at the time, how WikiLeaks got those emails.”

Pretty sure?  Someone should ask Obama why he injected his surprising disclaimer into that press conference two days before he left town.

Also worthy of note is that, in our Memorandum to President Obama of December 12, 2016 entitled “Allegations of Hacking Election Are Baseless,” we told him that the evidence we already had could save Congress from “partisanship, expense, and unnecessary delay.” That time, the president chose not to listen.

President Trump, on the other hand, apparently was listening to what we told him in the third Memorandum cited in the subpoena — “Was the Russian ‘Hack’ an Inside Job?” (July 24, 2017).  We told him this:

The January 6 [2017] “Intelligence Community Assessment” by “hand-picked” analysts from the FBI, CIA, and NSA seems to fit into the same agenda-driven category. It is largely based on an “assessment,” not supported by any apparent evidence, that a shadowy entity with the moniker “Guccifer 2.0” hacked the DNC on behalf of Russian intelligence and gave DNC emails to WikiLeaks.

The recent forensic findings mentioned above have put a huge dent in that assessment and cast serious doubt on the underpinnings of the extraordinarily successful campaign to blame the Russian government for hacking. …

You may wish to ask CIA Director Mike Pompeo what he knows about this. Our own lengthy intelligence community experience suggests that it is possible that neither former CIA Director John Brennan, nor the cyber-warriors who worked for him, have been completely candid with their new director regarding how this all went down.

We were gratified when the President ordered then-CIA Director Mike Pompeo to invite Bill Binney to CIA Headquarters to brief him on our findings. Binney did so on October 24, 2017 with his typically no-holds-barred explanation of our findings and of how Pompeo’s subordinates were being less than candid. There is no sign, however, that Pompeo followed up — by pursuing the matter with his own analysts, or by giving President Trump a report on the Binney-Pompeo meeting.

Our findings are a matter of public record, as is the evidence we adduce to support those findings.  My colleagues Bill Binney, Ed Loomis, and Skip Folden tell me they have already provided tons of material in response to subpoenas like the one I received more recently than they did. Since all of my relevant email correspondence included at least one of those three colleagues, you already are in possession of what you ask from me.

It is true that I cannot be sure that my colleagues have included — as required by the subpoena — all their “comments, ‘likes’, ‘shares’, direct messages, all Social Media activity.”  In any case, please be assured that I have never “liked” or “shared” or direct messaged.

That should take care of “Document request No. 1.”

I infer that plaintiff Aaron Rich, having read the three VIPS memos mentioned in the subpoena, has become convinced that the evidence that Russia was responsible for intruding into the DNC and giving the emails to WikiLeaks is spurious; that someone may have thought that Aaron’s brother Seth had something to do with how WikiLeaks got the emails; and that this may account for why Seth was murdered.  I applaud Aaron’s apparent interest in putting the Russian story in the category of not-supported-by-evidence and assume he will redouble his efforts to find out who killed his brother.

Please pass along this one suggestion to Aaron: He might consider trying to pry loose Seth’s computer which reportedly is in the hands of the FBI.  Department of Justice Michael Horowitz’s recent findings show that the FBI has long had a dog in this fight and has made many “mistakes” — all of them in support of that canine.  In recent days, even Attorney General William Barr has made clear his distrust of ex-FBI Director James Comey. In conveying this to Aaron, please also ensure that he receives the following list of links to supplemental reading.  And please consider this responsive to “Document Request No. 2” —“All documents and Communications relating to any member of the Rich family.”

Last, let me express my personal solidarity with Aaron Rich in his search to find out who killed Seth, and wish him success.  Aaron’s effort strikes me not only as exemplary, but in close keeping with the biblical mandate to be “my brother’s keeper.”

While the three VIPS memos cited in the subpoena are well chosen as reference points, I list below, as a courtesy, additional links to relevant articles for further background.  Most of them shed light on the analysis VIPS has been devoting to this issue — for three years now, and counting.

Links to Further Information/Analysis (Listed in Chronological Order): Particular attention is directed toward the last entry, which links to a detailed technical study just completed regarding “Guccifer 2.0.”

https://www.baltimoresun.com/opinion/op-ed/bs-ed-hacking-intelligence-20170105-story.html

https://consortiumnews.com/2017/01/20/obama-admits-gap-in-russian-hack-case/

https://disobedientmedia.com/2019/02/russiagate-in-flames-no-evidence-of-collusion-new-findings-challenge-dnc-hack-narrative/

https://consortiumnews.com/2019/06/12/why-didnt-mueller-investigate-seth-rich/

https://consortiumnews.com/2019/07/16/ray-mcgovern-sic-transit-gloria-mueller/

https://consortiumnews.com/2019/07/22/ray-mcgovern-a-non-hack-that-raised-hillarys-hackles/

https://consortiumnews.com/2019/08/05/patrick-lawrence-finally-time-for-dnc-email-evidence/

https://consortiumnews.com/2019/08/12/ray-mcgovern-richs-ghost-haunts-the-courts/

https://consortiumnews.com/2019/08/12/ray-mcgovern-richs-ghost-haunts-the-courts/

http://g-2.space/guccifer2-evidence-versus-gru-attribution/

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From Earlier:

https://consortiumnews.com/2017/08/08/a-new-twist-in-seth-rich-murder-case/

https://consortiumnews.com/2017/05/17/seth-rich-murder-case-stirs-russia-doubts/

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Yours truly,

Raymond L. McGovern
December 21, 2019

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