- Feb 13, 2021
How DJT Lost the White House, Chapter 1: All the President’s Teams (11/3 – 12/23)FOR THE FULL REPORT GO THERE NOT OF SPACE IN THE WAR ROOM FORUM POST THREAD https://www.deepcapture.com/2021/01/november-3-december-23-all-the-presidents-teams/
ARTICLE by Patrick Byrne WEBSITE https://www.deepcapture.com/patrick-byrne/
Patrick Michael Byrne is the former CEO of Overstock.com Inc .
I am going to refrain from saying too much about mine and Sidney’s relationship. For one thing, over time it became something like I was working for her, helping her get answers to questions. Then, if I recall correctly, she became my lawyer. Whichever it was, in time the relationship became something for which privilege surely applies. One cannot selectively waive privilege, and just share things one wants to share while claiming “privilege” on the others. I know that. But what I can say is that our relationship started with me walking in off the street as a volunteer with information, and so I can talk about that phase of the relationship, but in time it became formal enough I will not be able to say more.Mayor Giuliani, however, never became my lawyer, and I will not be so constrained in my accounts, as my ultimate purpose (my only real purpose), is to deliver to the public as honest a rendering as I may construct of the events between November 3 and January 6. It seems like a historically worthy thing to do.For my part, though they thought of me as an entrepreneur, I introduced myself to them as the proprietor of this website, Deepcapture.com. I pointed out that back in 2008 it had won numerous awards for its business investigative journalism, and had also been voted the best journalism regarding corruption within the United States. I may have done other things in life but in addition, I’m a journalist, and I have the rights any journalist has. This means I can investigate what I want to investigate, I don’t have to reveal how I learn things, and if I feel like sharing some of my findings with lawyers like Sidney and Rudy, it is no different than the dozens of other times this website has investigated things and shared its findings with lawyers, or even with law enforcement.
That first meeting with Sidney lasted perhaps 45 minutes. I found her sitting nearly by herself, perhaps an assistant and junior lawyer with her, in a nearly-empty space on one side of the office building. She was well-informed and open-minded. When I arrived, the air had the strange tingle it has when people have just had words. We quickly got to business, and it became clear she was on top of things. She was in touch with people from the earliest days of the creation of these systems, and soon she showed me that her information covered a portion of the narrative about which we had some knowledge but not much (mostly concerning the origin of the machines and their reason for certain design flaws). On the other hand, as we ran through what my side of the table had already teased out of the data in the three days since the election, she showed she understood what we were saying, and we quickly tied things into what she already knew. It was a highly-productive first conversation, and she ended it by telling me that I needed to go to the other side of the office, find Rudy, and immediately tell him everything I had just shared with her.
So my cyberbuddy and I went to the other side of the office building, to Rudy’s side, which I understood to be the center of gravity of the operation.
I should explain what I expected to find. I expected to find a command post staffed by lawyers and quants. The quants would be doing the statistical work, driving answers that would feed lawyers being notified of the research into such irregularities as I have walked through previously, and would be availing themselves of whatever remedies the law surely provided. I figured there would be a war-board, with the states in question having boxed out all relevant data, progress, and to-do’s. There would be an information loop, obviously, such that the campaign headquarters in each state would be on a daily conference call to receive updates on progress. Thinking that may be a fair bit for one 76-year-old gentleman to manage, I imagined Rudy might have some strong COO, perhaps a lawyer, or perhaps an executive, who might be keeping assignments on track.
What I found is this:
The place was 20% empty, and another 30% were packing out their desks.
One conference room held a large number of lawyers around a table. At least 3 of them were good. These lawyers were the mules of the operation. They were each assigned one or more states. Yet there were things going on at the state level or below, bubbling up organically, and local lawyers jumping in filing actions. I came to learn that between Rudy’s legal team and the campaign staff there was 0 communication, even though they jointly occupied 2/3 of an office story. And between the campaign staff and the activities of those local groups and their lawyers, there was also 0 communication. I did not know if that was for a legal reason or just the way they operated. In time, I came to realize it was the latter.
The Mediocrity – I am not going to be mean about it. For example, I am not going to reveal the gender or other details about this person (other than to say, imagine a person who is a lawyer and who had once made a career at one of the better-known government agencies). But given how the Mediocrity went out-of-way to be horrible to work with, and because of how stunningly destructive Mediocrity’s behavior was, I am simply to refer to the person as, ”Mediocrity”.
The Commish – Think of Mike, from Breaking Bad. The quintessential cop. Tough, correct, and courteous, but stays poker-faced and dead-eyed at all times. Sits in meetings with his hand casually covering his mouth, saying nothing. When asked something, might open his mouth, and if he does he invariably has something highly intelligent to say. Making one wonder, “Why does he work so hard to keep his opinion to himself?”
The Mayor – Rudy Giuliani. I was in the hospital in New York for the late 1980’s, and remember occasional Mafia killings outside Brooklyn joints or some mid-town steakhouse (it was always good for business, they’d say). Rudy was US Attorney there and then, breaking up the Mob. I always felt an affinity for him because of that overlap in time and place. And of course, on 9/11, Rudy became “America’s Mayor”. In the years after that we intersected a few times, but he never gave indication of remembering me anytime we crossed paths. His security company handled an issue for me when I was fighting Wall Street. I doubt he remembers, but when he ran for President a dozen years ago and came through Utah, for some reason I was called by local Republicans and asked to introduce Rudy at a gathering in some large Utah home. I studied up on him, drove over, and gave a short introduction on Rudy Giuliani to the crowd, lasting about 30 seconds. He took over and we shook hands, and that was the sum of my contact with Rudy Giuliani in his political days.
I do remember something from the Q&A that day that impressed me. A question on abortion came from the staunchly pro-life crowd. Rudy answered the questioner’s thrust, “No, I’ll never support a law that criminalizes abortion for the woman. Laws on abortion have always been directed at the activities of the doctors, not the mothers. I’ll never put a woman in jail for having an abortion. If that is what you folks are looking for, I’m not your man.” He lost 2/3 of the audience in that moment, but gained the respect of 1/3, among them, myself, if only out of respect for such rare directness from a politician.
So 12 years later, on a Friday afternoon at about 3 PM, I walked into the office space that was being shared by the Trump campaign and by the law firm that was forming up around Rudy Giuliani to investigate, address, and challenge, the election irregularities which were surfacing from the 2020 election.
It was nothing like the outfit that I expected to find (explained above), with data-gathering feeding decision-making feeding information loops to keep a large and geographically distributed workforce operating successfully. Law firms are notoriously poorly-managed businesses, in any case, they truly are, but the law firm-campaign space that had taken shape within that office was a particular s***-show. People wandered vaguely from meeting to meeting. The meetings I saw were run like bull sessions, with no agenda, no format, and no apparent sense of urgency.
Within about 45 minutes I was ushered to a room where I was to have 30 minutes with Rudy. Physically he was more of a grandfather than I remember, less robust, a bit more hunched, and a bit more irascible. I explained to him carefully the outline of what we understood at that point, an outline such as the reader might have after watching this presentation by the MIT Math Ph.D. Dr. Shiva, or the exposition by Seth Keshel, as well as the cascade of stories regarding porous security in election software all referenced above. I feared overwhelming him, so I tried to simplify. as I spoke he occasionally grunted stoically, and it was difficult to judge what was sinking in. Yet after only 10 minutes, I saw Rudy checking his multiple phones for texts, right in front of me as we sat together. Conversing with one of his assistants, sending someone on a side errand, or receiving a report back. It felt rather strange to be talking to a man who was paying so little attention, but the Commish, sitting on the side, motioned for me to continue. After no more than 30 minutes I was ushered out of the office, but told to hang around.
Eventually, I was brought back into a smaller room with Mayor Giuliani, and again asked to explain what I think happened. Realizing I may have overwhelmed him with my earlier explanation, and gotten him lost in the forest for the trees, I broke it down simply and slowly, like one would for one’s 76-year-old Grandfather. Again within 5-10 minutes he was fidgeting, grunting on occasion, sending people on unrelated side errands, checking his multiple phones for texts, and typing people responses…. Meanwhile, I tried to stay on track. Yet there was a moment 15 minutes in when I got a whiff of something in that small office…. Medicine? Booze? Just as I was taking a sniff to determine, someone rushed in with some unrelated issue, and I was escorted from the office.
Again I wandered around among the staff, most of whom were professing to know nothing about what was going on, and many others of whom were packing up their desks into bankers’ boxes. I was perplexed and found myself drifting around the convoluted office space. 30 minutes later I was strolling outside some other conference room down the hall when I heard Rudy’s familiar voice saying, “…don’t understand a goddamn thing this guy’s saying…” drifting out of a doorway. Startled, I looked around the corner, and there was Rudy talking to whatever group of staffers happened to be sitting worshipfully in that conference room to which he had moved.
Several staffers pulled me aside in a hallway. What Mayor Giuliani is going to need, one told me, is a one page summary. Very simplified.. A one-pager.
Another added, but with graphs and data.
Another piped up, And bulletpoints. The Mayor likes bulletpoints!
But no more than one page! Repeated the first.
At the risk of sounding snobbish, I was insulted at Mediocrity and these 20-something staffers giving me advice on how to write, and such asinine advice at that. I promised I would get them something by the end of the weekend. 48 hours. I requested one favor: any other requests that came from them should be orchestrated through one of their people, who would call one person whom I would designate among my colleagues, and that way we would have structure, and keep track of deliverables as we sought to accommodate their needs so that it would not all turn into a s***-show.
Then I left and drove back to DC. By late that evening, I had learned that there were three different open requests from three different people on Rudy’s team to various of my colleagues. One of Rudy’s people was only going to handle passing requests of this type, one only wanted to handle passing on requests of that type… And the s***-show began.
I do not want to claim that everybody in that large but melting office space was incompetent. As I said, there were three smart, competent, skillful lawyers (a fourth if one counted a Constitutional law scholar who was in-and-out). And there was a superb, and astonishingly supermodel pretty, 21-year-old acting as a senior assistant (at first I thought, “That’s not a good look on you, Rudy”, but it turned out she was one of the most competent assistants I’ve ever met). Yet the atmosphere was one of despair, there was 0 leadership shown, staffers were wondering around in the dark, and the meetings seemed like sophomore bull sessions rather than anything organized and disciplined.
From occasional contacts with several of those staffers over the weeks that followed, I learned what had happened on that day just before I arrived. Rudy had declared, “You can never prove election fraud in a courtroom!” and had insisted that it was not going to be part of their legal strategy. The strategy was going to be to challenge things on procedural grounds: “This county in this state had one set of rules, this other county in that same state used a different set of rules, that violates the Equal Protection Clause of the 14 Amendment.”
So I was correct: just before I arrived there had been a huge blow-up between Rudy and Sidney Powell in front of everyone, ending with Rudy shouting at Sidney and sending her away, in front of an office of dozens of people. And declaring that none of this was going to be about election fraud, and putting his mule-lawyers to work on procedural filings.
Later, a member of Rudy’s team told me that initially, Rudy had not even wanted to do that much. He had wanted to make three more-or-less token challenges in three states, then call it a day. Sidney’s insistence that he was missing the Big Picture had caused Rudy ultimately to relent a little and allow a more aggressive posture to be taken. But still, nothing was to be about election fraud and the possibility of a mass rigging of the election. Rudy could tolerate hearing about a couple of hundred dead people in Philadelphia voting, but he did not want to hear about anything more sophisticated than that.
That Friday afternoon, November 6, just days after the election, I had, in fact, stumbled in on Sidney just as she was recovering from that exchange. And Sidney had sent me to talk to Rudy because she needed someone else to explain what she was herself just realizing: a new form of election fraud might have emerged that was not about hundreds of dead people voting in some city but was about the possibility of several hundreds of thousands of votes being injected into certain key locations. Rudy had just not been processing any of it from her, and probably did no better from me, and that was why he kept trying to talk with me about how Joe Frazier (1944- 2011) still voting in Philadelphia.
Over that weekend, Sidney sent a brilliant junior attorney over to sit with me and a few of the dolphin-speakers (a name I use for the cyber-heads who enjoy geeking-out to each other in technical acronyms). That junior lawyer had anticipated staying 30 minutes, but after an hour and a half she went into the next room and called Sidney. I heard her tell Sidney that we had the goods, or at least a well-developed understanding of what had gone on in various states, and even specific counties.
From that point forward our relationship with Sidney was perfect. As we researched and discovered things, we brought them to her and her staff, and they would listen closely, patiently, and ask intelligent questions. And they began incorporating the material into their pleadings.
That being the case, I will say no more about how Sidney and I worked.