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Interfering with the investigation

I don’t think “interfere” means what you think it does

I don’t usually listen to the Carl Gallups Freedom Friday show, but as distasteful as I find these slanderous and intellectually-insulting programs, I think they are important because they are the starting point for birther speculation that follows; they are the drop of ink in the glass of water whose tendrils spread and eventually color all of the water. They are claiming that their opponents are interfering with Cold Case Posse investigation. One thread tries to turn criticism of the birthers into a crime.

Photo: Ink drop in water

The status of the Maricopa County Sheriff’s Cold Case Posse is somewhat murky (carrying on the ink-in-water metaphor). They appear to be affiliated with, but not responsible to, the Sheriff’s Office (there is, for example, no financial oversight and their Articles of Incorporation gives the Sheriff’s Office no say). There are assertions and denials (not precisely aligned in opposition) about the involvement of real Sheriff’s detectives in the volunteer posse’s investigation, and what they are investigating. But even if it were the FBI itself, criticism is not a crime and it doesn’t comprise impeding an investigation. On the contrary, criticism is a venerable American tradition, founded in the Constitutions’ protection of the freedom of speech. There’s a reason that the First Amendment comes first.

Criminal interference with an investigation is called “obstruction of justice” and most often the crime is lying to investigators (police, prosecutors, government officials, and regulators) and can include bribery, intimidating witnesses and jury tampering. Obstruction can also occur as the result of concealing or destroying evidence.1

No one from the Maricopa County Sheriff’s Cold Case Posse has ever approached me to answer any questions, so I can hardly be accused of lying to them. In fact, to my knowledge, the Cold Case Posse has never interviewed anyone who disagrees with them. They have not contacted the White House or the State of Hawaii or anybody else who might give them an authoritative answer to any of their questions. They tested a thousand settings of PDF software, but didn’t even ask the White House what they  used. In what real law enforcement investigation do you announce that you are investigating something, but never interview any persons of interest? So I reject the idea that anyone is interfering with their investigation in a legal sense. Is is punking Orly Taitz with a fake letter from Carl Gallups “interfering with an investigation”? The answer is “no” because the CCP can investigate as well as they could before it. They may find it personally annoying, but it doesn’t prevent them from doing what they are doing. The only impediment the Cold Case Posse might receive from their detractors is perhaps a damper on their fundraising, a hard argument to make because it highlights their lack of official support and standing.

If speech criticizing the Cold Case Posse on the Internet is not a crime at all, then it is certainly not a crime if the speaker is part of the Administration. I do not know of anyone in the Obama Administration who participates in birther discussions on the Internet, but it is not beyond the realm of possibility that some such person or persons exist. So what? If there were such a person, then all the birthers get is another dot to connect, but which doesn’t prove criminality.

A conspiracy theorists’ job is to expose the conspiracy, and that involves “tracking” the conspirators. Birthers have spent time and energy “exposing” the identities of their detractors, sometimes accurately and sometimes not (RC is not Randy Daniels, John). In general, those identifications are not particularly revealing, and aren’t really connected dot-wise with Obama.

Of late birther tracking has focused on Internet addresses, or “IP addresses,” a 32-bit number used to direct messages to specific devices on the Internet. Typically, an IP address will lead to local network, such as a home network, or a business. Sometimes IP addresses can be “spoofed” or made to appear other than the actually destination. Some birthers have said that they now are involved in a project of collecting IP addresses of their opponents and attempting to trace them back to the Administration, and there are claims that some trace back to the Defense Advanced Research Projects Agency (DARPA) and the White House. Here’s a comment from my blog from Arthur:

In a video posted at B.R., David Manning interviewed Miki Booth. During the interview, Manning said that Mike Volin “has got information that can trace many of these Obots right back to the White House” and that they are “pay-rolled by the White House,” which Miki Booth adamantly confirmed. Booth went on to identify the top paid Obots as, “that R.C. guy, there’s Fogbow, and there’s Dr. Conspiracy.” She continued, “A couple of these guys, we know who they are . . . and among these top three, they traced one guy all the way to the Department of Defense . . . in the division called DARPA.” Booth asserted that DARPA was responsible for, among other things, “psychological warfare” and that “one of the main Obots works there.”

Of course there is no secret who I am, nor who Foggy is. The birthers haven’t figured out who RC is, but I can assure my readers that I know and that he doesn’t work for the government or a political party or anything like that. None of us is paid to oppose birthers. I get the impression that Zullo lies, Gallups hypes, Manning goes out into left field, and the rest of the birthers improvise on the theme.


1For details, see the Congressional Research Service report: “Obstruction of Justice: An Overview of Some of the Federal Statutes That Prohibit Interference with Judicial, Executive, or Legislative Activities” by Charles Doyle.

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51 Responses to Interfering with the investigation

  1. avatar
    Comrade Fogovich February 12, 2014 at 12:18 pm #

    I’m Foggy and I don’t work for DERP.

    There being no law enforcement investigation of the President’s birth certificate, I am not interfering with any such thing.

  2. avatar
    Arthur February 12, 2014 at 12:21 pm #

    Comrade Fogovich: I’m Foggy and I don’t work for DERP.

    Well, if it’s not you, and it’s not Dr. C. or R.C., then it’s got to be Roxy!

  3. avatar
    Andrew Vrba, PmG February 12, 2014 at 12:25 pm #

    For there to be interference, there has to be something which can be interfered with.

  4. avatar
    Arthur February 12, 2014 at 12:28 pm #

    Andrew Vrba, PmG: For there to be interference, there has to be something which can be interfered with.

    That could become a birther kōan.

  5. avatar
    Curious George February 12, 2014 at 12:39 pm #

    Majority Will
    “Booth also alleged that Zullo knows who forged Obama’s B.C.and when it was done. Moreover, she said, “they’ve got all of the who, what, why’s, when’s, and where’s . . .”

    What real detective would provide the facts of a real criminal investigation to a civilian? If what Booth allegedly said is true, once again it shows there is no real professional law enforcement involved and therefore no real criminal investigation taking place. Falcon and the other bird brains over at BR need to step back, take a deep breath and look at what their birther leaders are saying. Is Miki Booth now an official spokesperson for the MCSO, the non-profit Cold Case Posse as well as the Birther movement? How is it that she allegedly knows so much about this investigation?

  6. avatar
    Benji Franklin February 12, 2014 at 1:06 pm #

    I may be one of the culprits they’re accusing, Doc, because on occasion, I have variously satirized, parodied, spoofed, lampooned, burlesqued, pastiched, or downright tomfooleried, Karl Gall Oops!’ Free Dumb Fridays Program which errs on the Pee Pee Summons Rodeo Nutwork. (In this day & age, who on God’s good Earth concocts or chooses to use a ‘P.P.’ brand ANYWAY?)

    It’s quite a challenge to come up with the exaggeration of silliness which some of these forms rely on since the characters and habitual activities associated with withering BirtherDumb, are pretty much the epitome of silliness to begin with.

    I confess that by mocking these sad-sack malcontents, I AM trying to interfere, but not with any official INVESTIGATION. Birthers have never objectively looked into anything concerning Obama in a way that could be described as a real truth-seeking investigation. No, I’m trying to interfere with what their attempts actually attempt to do, which is to INFESTaNATION!

  7. avatar
    Yoda February 12, 2014 at 1:19 pm #

    https://www.youtube.com/watch?v=aZREx0LG5rc#t=0

  8. avatar
    CarlOrcas February 12, 2014 at 2:02 pm #

    This is so stupid it hurts.

    1 – There is no investigation.
    2 – There are no real investigators.
    3 – Even if there were criticizing them and how they’re handling it is not a crime.

    All the posturing in the world – this one or any other – will not change that.

  9. avatar
    bob February 12, 2014 at 2:06 pm #

    If one has the constitution to listen to Zullo (on Gallups’ show) and Booth (on Manning’s show), one will discern that Booth is (to be polite) “emphasizing” what Zullo said.

    But, really, she heard what she wanted to hear, and flat-out made stuff up. Which will be expounded on magnified by other birthers.

    As Foggy noted on “The Foghorn,” this is a birther getting a birther story wrong. No need for the DERPa PSYOP team when they mess up their own message all by themselves.

  10. avatar
    Publius February 12, 2014 at 2:17 pm #

    CarlOrcas: This is so stupid it hurts.

    Exactly.

    How the hell can you interfere with a law enforcement investigation when there is no law enforcement investigation? Or haven’t we been told that the CCP isn’t part of the MCSO? And told just this week that, no, no one actually from the MCSO is investigating ANYTHING even remotely related to the President’s birth certificate?

    And how the hell can you “interfere” with a non-investigation merely by criticizing it and – in some cases – providing the watchdog function of noting when the people running it blatantly lie to the public (as they did with their claims about the race codes on the birth certificate)? Is that not First-Amendment-protected freedom of speech? So now the so-called “patriotic” birthers wish to destroy the First Amendment of the Constitution. One wonders how they would like that directed toward them.

    Really, the stupid makes one’s head hurt.

  11. avatar
    Arthur February 12, 2014 at 2:38 pm #

    bob: one will discern that Booth is (to be polite) “emphasizing” what Zullo said.

    You’re exactly right. She knows nothing other than what she thinks she heard Zullo say. Booth doesn’t have the talent to be a top-tier birther so she’s left to pick through the hand-me-downs of the professionals.

  12. avatar
    RanTalbott February 12, 2014 at 5:58 pm #

    CarlOrcas: All the posturing in the world – this one or any other – will not change that.

    It will in the birther world: the lower the apparent IQ of the author, the greater the odds that he/she will include the “official law enforcement investigation” in a description of the CCP or its “findings”. Even people with no idea what the CCP is will repeat the phrase from some BS they’ve read elsewhere.

  13. avatar
    CarlOrcas February 12, 2014 at 6:57 pm #

    RanTalbott: It will in the birther world: the lower the apparent IQ of the author, the greater the odds that he/she will include the “official law enforcement investigation” in a description of the CCP or its “findings”. Even people with no idea what the CCP is will repeat the phrase from some BS they’ve read elsewhere.

    The theory, I guess, is that if you repeat the same nonsense often enough it will magically become true. Only in Birtherstan!

  14. avatar
    justlw February 12, 2014 at 7:09 pm #

    Yoda:
    https://www.youtube.com/watch?v=aZREx0LG5rc#t=0

    I’m curious about exactly how YouTube decides what ads to run ahead of these videos. They appear to have a level of precision that’s kinda impressive.

    When I watch a typical video that comes from Planet Earth, I tend to get short, normal ads for things like cars, and detergent, and such.

    When I watched this video from Birferstan, the ad was a one minute plus scarescreed about THE AMERICAN PARASITE, which is infecting 250 millyun people zomg freakout click here for more info before you die!

    So, they know the target audience, I guess.

    (In case you’re curious: according to this site, the Scary Parasite of Doom is… yeast.)

  15. avatar
    JPotter February 12, 2014 at 7:15 pm #

    It’s all virtual drama. Literally ;)

  16. avatar
    john February 12, 2014 at 7:52 pm #

    “(RC is not Randy Daniels, John)”

    Absolutely RC is Randy Daniels, Doc C. You are incorrect. But, I have come to believe Randy Daniels is RC’s Alias. RC’s REAL identity still remains hidden.

  17. avatar
    Karl Nance February 12, 2014 at 8:21 pm #

    “A conspiracy theorists’ job is to expose the conspiracy”

    Nope. The job is to get people to send them money.

  18. avatar
    Dr. Conspiracy February 12, 2014 at 8:22 pm #

    Oh, THAT Randy Daniels. I thought you meant THIS Randy Daniels.

    john: Absolutely RC is Randy Daniels, Doc C. You are incorrect. But, I have come to believe Randy Daniels is RC’s Alias. RC’s REAL identity still remains hidden.

  19. avatar
    john February 12, 2014 at 8:25 pm #

    Nope Doc C. I have irrufutable evidence that RC is Randy Daniels.

  20. avatar
    Dr. Conspiracy February 12, 2014 at 8:32 pm #

    That depends on what the definition of “is” is.

    john: Nope Doc C. I have irrufutable evidence that RC is Randy Daniels.

  21. avatar
    Jim February 12, 2014 at 8:32 pm #

    I’m not interfering with an investigation,
    I’m pointing out a scam being perpetrated on the elderly
    A scam being led by the local country sheriff
    Who started this investigation to help himself get re-elected
    They are being Bernie Madoffed and like Bernie’s victims,
    they don’t even realize they are being taken advantage of
    They’ve seen and heard Zullo lie to them, and they ignore it
    They saw the real reason Zullo got into this,
    with the release of the book BEFORE the 1st press conference.
    They heard Zullo being blown off by the Congressman
    They saw the only person who hopped on board at the Sheriff’s Convention
    was one sheriff so loony he immediately SCARED ZULLO OFF!
    They know that Zullo has no evidence, so they pump him up…hoping
    But all they’ll get out of this whole fiasco will be another book,
    maybe a DVD…all for $24.95 shipping and handling
    And Zullo will be laughing at the birthers all the way to the bank

  22. avatar
    Arthur February 12, 2014 at 8:53 pm #

    john:
    Nope Doc C.I have irrufutable evidence that RC is Randy Daniels.

    And that “irrufutable” (sic) evidence–what exactly would it be?

  23. avatar
    Jim February 12, 2014 at 8:57 pm #

    It is interesting though, that an investigation that started with a press conference, an investigation that introduced its evidence but no charges against anyone was a press conference, an investigation that added evidence but still no crime or criminal at a second press conference, has the gall to tell his supporters that since all his other press conference evidence has been shown to be garbage…he can’t show them any more of his evidence. Because, as we know, they will again discover that all that gold Zullo is promising will just be another dumpster full of smelly garbage.

  24. avatar
    john February 12, 2014 at 8:58 pm #

    Evidence from RC himself. RC has made it known that he is RANDY DANIELS. RC has admitted to it. Its either his name or his alias. Actually RC is admit he was Randy Daniels in his YouTube videos that he uploaded (Or at least a big clue that he was) I don’t searching for Randy Daniels in different areas has come up short.

  25. avatar
    Dr. Kenneth Noisewater February 12, 2014 at 9:00 pm #

    john:
    Nope Doc C.I have irrufutable evidence that RC is Randy Daniels.

    So like hermitian you don’t know what the word irrefutable means.

  26. avatar
    Dr. Conspiracy February 12, 2014 at 9:04 pm #

    RC’s real name is not Randy Daniels. RC is not his real name either. That’s all there is to it.

    john: Evidence from RC himself. RC has made it known that he is RANDY DANIELS. RC has admitted to it. Its either his name or his alias. Actually RC is admit he was Randy Daniels in his YouTube videos that he uploaded (Or at least a big clue that he was) I don’t searching for Randy Daniels in different areas has come up short.

  27. avatar
    Dr. Conspiracy February 12, 2014 at 9:06 pm #

    I know what John is talking about. The problem with it is that the name “Randy Daniels” lacks any informational value because in that context, it is not a real name.

    Dr. Kenneth Noisewater: So like hermitian you don’t know what the word irrefutable means.

  28. avatar
    Arthur February 12, 2014 at 9:11 pm #

    john: Actually RC is admit he was Randy Daniels in his YouTube videos that he uploaded

    R.C. has uploaded three videos to YouTube. I’ve watched them, but didn’t note him calling himself “Randy Daniels.” What are you talking about?

  29. avatar
    john February 12, 2014 at 9:17 pm #

    RC did reveal his name was Randy Daniels (Or he at least gave big clue that he is) on his YouTube video. Its at the part where RC shows the file path or properties of the files he discussing. If you look you will see that RC keeps his files in a folder or file location named “DAN”. So Either Dan is RC’s name or it is short for DANIELS.

  30. avatar
    Randy Daniels (aka gorefan) February 12, 2014 at 9:29 pm #

    john: But, I have come to believe Randy Daniels is RC’s Alias. RC’s REAL identity still remains hidden.

    Wait what????

  31. avatar
    Reality Check February 12, 2014 at 9:39 pm #

    There is a little Randy Daniels in all of us. ;)

    john:
    Evidence from RC himself.RC has made it known that he is RANDY DANIELS.RC has admitted to it.Its either his name or his alias.Actually RC is admit he was Randy Daniels in his YouTube videos that he uploaded (Or at least a big clue that he was)I don’t searching for Randy Daniels in different areas has come up short.

  32. avatar
    Arthur February 12, 2014 at 9:46 pm #

    Reality Check: There is a little Randy Daniels in all of us.

    Jack Daniels, maybe.

  33. avatar
    Rickey February 12, 2014 at 10:00 pm #

    Of course, the Cold Case Posse has yet to identify precisely what crime they believe they are “investigating.” When birther Scott E. claimed that he has Zullo’s ear, I asked him several times to find out from Zullo what statute he believes has been broken. Scott never responded, of course.

    And I’m still trying to figure how Maricopa County or the State of Arizona would have jurisdiction over anything regarding Obama’s eligibility.

  34. avatar
    JPotter February 12, 2014 at 10:56 pm #

    Arthur: Jack Daniels, maybe.

    Hmmm, only a little Jack Daniels in this bottle. Sad but true.

  35. avatar
    Bovril February 12, 2014 at 10:56 pm #

    Surely we are all (except for Birfers who sublimate through onanism and logorrhea) a little bit randy……?

  36. avatar
    Andrew Vrba, PmG February 12, 2014 at 10:56 pm #

    john:
    RC did reveal his name was Randy Daniels (Or he at least gave big clue that he is) on his YouTube video.Its at the part where RC shows the file path or properties of the files he discussing.If you look you will see that RC keeps his files in a folder or file location named “DAN”.So Either Dan is RC’s name or it is short for DANIELS.

    You’ve been wrong about everything else up to this point. I see no reason to start believing you now.

  37. avatar
    Arthur February 12, 2014 at 11:24 pm #

    Bovril:
    Surely we are all a little bit randy……?

    I’m a little bit rock and roll. With just a touch of Tibetan throat singing.

  38. avatar
    JPotter February 13, 2014 at 12:22 am #

    john:
    RC did reveal his name was Randy Daniels (Or he at least gave big clue that he is) on his YouTube video.Its at the part where RC shows the file path or properties of the files he discussing.If you look you will see that RC keeps his files in a folder or file location named “DAN”.So Either Dan is RC’s name or it is short for DANIELS.

    Really? A folder named D-A-N must refer to a person named “Dan”? My, what a literal, limited imagination you have! What about all of these possibilities … or these … not to mention the myriad possibilities a random person may have that could lead to naming something D-A-N?

    If one was being so simplistic is the naming of one’s file structure as to name a folder after oneself (in the third person no less), why would a person abbreviate their own last name? Pretty sure I wouldn’t put my personal files in a folder named “POT”. That goes elsewhere.

  39. avatar
    aarrgghh February 13, 2014 at 12:26 am #

    CarlOrcas: The theory, I guess, is that if you repeat the same nonsense often enough it will magically become true. Only in Birtherstan!

    it’s what i’ve been saying about wingnuttia for years.

  40. avatar
    sfjeff February 13, 2014 at 1:08 am #

    You would think by now John would know if he believed something to be true, that is must not be.

    Any rational person would.

  41. avatar
    Arthur February 13, 2014 at 1:18 am #

    john: If you look you will see that RC keeps his files in a folder or file location named “DAN”. So Either Dan is RC’s name or it is short for DANIELS.

    Thanks for the further information, John. And I have to hand it to you, this IS irruftable evidence. It’s the most irruftable evidence I’ve ever seen. In fact, it’s so irruftable that I’m compleetly cuhnvinced.

  42. avatar
    RanTalbott February 13, 2014 at 1:59 am #

    john: If you look you will see that RC keeps his files in a folder or file location named “DAN”. So Either Dan is RC’s name or it is short for DANIELS.

    Or his name is “David Alan Nash”.

    Or he created a temporary folder where he could copy all the files he was sending to his friend named “David Alan Nash”.

    Or he jokingly called his debunking video series “Project Do A Number (on the birfers)”.

    Or… or… or… The possibilities are not infinite, but they’re very numerous.

    And, like all birthers, you pick one of the least likely, and insist that it’s the right one, despite a complete lack of evidence.

  43. avatar
    justlw February 13, 2014 at 2:30 am #

    Clearly RC is laying the groundwork to team up with Zullo and form the “Lieutenant / DAN Band.”

    (Apologies to Gary Sinise. And real lieutenants everywhere.)

  44. avatar
    ArthurWankspittle February 13, 2014 at 4:07 am #

    DAN – Definitive Answers to Nutters?

  45. avatar
    Curious George February 13, 2014 at 7:56 am #

    Rickey
    “When birther Scott E. claimed that he has Zullo’s ear,…”

    John, you better report back to your fearless leader that his ear has been found.

  46. avatar
    interestedbystander February 13, 2014 at 8:28 am #

    Arthur: I’m a little bit rock and roll. With just a touch of Tibetan throat singing.

    I’m a little bit country ..

  47. avatar
    Reality Check February 13, 2014 at 8:46 am #

    Of course John forgot another possibility that I was using my son’s computer (which blows mine away for video work).

  48. avatar
    Jim February 13, 2014 at 11:39 am #

    john:
    RC did reveal his name was Randy Daniels (Or he at least gave big clue that he is) on his YouTube video.Its at the part where RC shows the file path or properties of the files he discussing.If you look you will see that RC keeps his files in a folder or file location named “DAN”.So Either Dan is RC’s name or it is short for DANIELS.

    Good job RC, sending John off on another wild goose chase. He’ll really freak out when he discovers that DAN = “Debunking Another Nutcase”.

  49. avatar
    Andrew Vrba, PmG February 13, 2014 at 12:13 pm #

    interestedbystander: I’m a little bit country ..

    And I’m a little bit New Wave!

  50. avatar
    Dave B. February 13, 2014 at 5:00 pm #

    We know where John’s personal files go.

    JPotter: If one was being so simplistic is the naming of one’s file structure as to name a folder after oneself (in the third person no less), why would a person abbreviate their own last name? Pretty sure I wouldn’t put my personal files in a folder named “POT”. That goes elsewhere.

  51. avatar
    RanTalbott February 13, 2014 at 7:43 pm #

    Dave B.: why would a person abbreviate their own last name?

    Didn’t Christopher Hitchens have “Hitch” as a nickname? I’m sure I’ve seen similar “abbreviations” for for movie characters, especially in WWII movies where guys from WASPish regions of the U.S. suddenly started encountering people from ethnic backgrounds where polysyllabic surnames are common.

    My own first name is sort of an “abbreviation”: I was born “Randall”, and didn’t like “Randy”. My choice between “Ran” and “Rand” came from the fact that I was working with a lot of computer systems that used initials as part of the standard usernames. So I went with “Ran”, so I could use that instead of “RLT”.