MSNBC Legal Analyst and Law Professor Barbara McQuade Doubles Down on Laptop “Conspiracy Theory”

We have previously discussed the view of Michigan Law Professor and MSNBC legal analyst Barbara McQuade on free speech. We have strikingly different views on free speech. McQuade just published “Attack from Within: How Disinformation Is Sabotaging America” and calls free speech our “Achilles heel.” My book, The Indispensable Right: Free Speech in an Age of Rage, is out in the coming days with a more robust view of free speech.

McQuade’s call to limit free speech is justified as needed to combat disinformation, misinformation, and malinformation. Yet, McQuade just went public with a full-throated defense of what the U.S. government now calls a “conspiracy theory.” She maintains that the Hunter Biden laptop should still be discounted or dismissed as Russian disinformation.

Notably, after the authentication of the computer in federal court, Hunter Biden’s lawyer, Abbe Lowell, filed a motion on withdraw the lawsuit against former New York City Mayor Rudy Giuliani in which claimed that the laptop contained manipulated data.

In her comments, Professor McQuade joins the Post’s Philip Bump as one of the last dogs in this fight. Most media figures have long accepted the view of the U.S. government that the Hunter Biden laptop is “real” and authenticated.

I have previously disagreed with Professor McQuade on issues such as her belief that former president Donald Trump could be charged with manslaughter over the January 6th riot. Yet, those disagreements represent materially different understandings of the operative legal standards. Harvard Professor Laurence Tribe went even further in arguing that Trump could be charged with attempted murder. Academics can disagree on such matters and free speech allows us to hash out our differences.

However, I was still surprised by the effort to resurrect the Russian disinformation claim. Professor McQuade noted that the agent at the Biden trial could not say with certainty that nothing was changed to the laptop before it was obtained by agents from the computer shop. However, FBI agent Erika Jensen said that there was no evidence tampering.

That space, however, was big enough to drive a conspiracy theory through on X:

As noted by @emptywheel, however, questions remain about the chain of custody of the laptop, and [FBI] Agent [Erika] Jensen testified that she was unable to say whether the laptop was tampered with before the FBI obtained it.

And, as @AshaRangappa has noted, even if the content was authentic, it still may have been a Russian influence operation, just like the DNC hack-and-leak operation, designed to sow discord. If so, mission accomplished! […] Therefore, it remains unknown whether Russia was involved with the scheme, and it is still correct to say that the laptop has “all of the hallmarks of a Russian intelligence operation.”

Under this theory, any negative stories found in documents or electronic sources can have “the hallmarks of a Russian intelligence operation” in any given election. That same skepticism, of course, did not apply to the Steele dossier, which was secretly funded by the Clinton campaign and found by U.S. intelligence as containing possible Russian disinformation.

It is a variation on proving a negative. McQuade and others appear to be arguing that you must prove that there was no Russian involvement before giving weight to the damaging contents of the laptop.

Of course, there still has been no showing of any fake file or email. To the contrary, the most damaging emails on influence peddling and other potential criminal conduct have been verified. Yet, McQuade is repeating the claim that “even if the content was authentic, it still may have been a Russian influence operation.” There is also the more obvious explanation that Hunter abandoned his laptop at a computer shop and it was given to the FBI.

What is striking is how advocates are now abandoning the claims of false emails and files in favor of an argument that it may be true but still disinformation. This is consistent with the positions of many academics and the Biden Administration. The Cybersecurity and Infrastructure Security Agency (CISA) maintains this position.

CISA head Jen Easterly declared that her agency’s mandate over critical infrastructure would be extended to include “our cognitive infrastructure.” That includes not just “disinformation” and “misinformation,”
but combating “malinformation” – described as information “based on fact, but used out of context to mislead, harm, or manipulate.”

The chain of custody argument continues to be used in Congress despite the federal court and federal agencies recognizing the authenticity of the laptop. The Delaware jury also did not appear persuaded by the claims of Hunter Biden’s defense counsel. It is, in my view, transparently evasive. The issue remains the files on the laptop detailing a massive influence peddling operation and a myriad of criminal acts committed by the President’s son. None of those files have been challenged by evidence of tampering or planting.

Ironically, the continued effort to keep this theory alive seems precisely the type of disinformation that Professor McQuade has cited in justifying limits on free speech.

There are obviously many media and academic figures who are heavily invested in what the government now calls a “conspiracy theory.”  I previously discussed how the Bidens have succeeded in a Houdini-like trick in making this elephant of a scandal disappear from the public stage. They did so by enlisting the media in the illusion. Houdini knew the trick would work because the audience wanted the elephant to disappear.

 

263 thoughts on “MSNBC Legal Analyst and Law Professor Barbara McQuade Doubles Down on Laptop “Conspiracy Theory””

  1. Let’s try renaming vaginas as “semi automatic muzzle-loaded baby launchers” and maybe the Supreme Court will stop regulating them.

    1. Then we’d see Republican ladies open-carrying at the grocery store

      1. If women took up arms to defend their reproductive rights, the Supreme Court would ban assault rifles yesterday.

      2. I have the feeling that is about the only way you’ll ever see a good looking woman’s vagina…

    2. The Supreme court has no power to regulate anything in THIS country

      But you have several others to choose from, kunt

  2. Loved your excerpt Jonathan, can’t wait for the book!

    Pay no attention to the haters like turdrunner/Elvis bug below

    Haters gonna hate!

    1. What I said is true when I posted–this post is dated JUNE 27, 2023, Hunter pleaded guilty, and then the plea deal fell apart the following month–July. The reason the Judge questioned the language that left open the possibility of further prosecution.

      Your obsession with trying to prove me to be a liar is what’s truly amusing. I must be scoring points!

      1. YOu score a big fat ZERO, gigi

        Hunter didn’t plead to anything

        You seem to have trouble with the English language

        However, brain dead spastic bltch, your LIE was in proclaiming that it was over.

        Bwahahahaha

        1. Hunter was in court. There was a signed plea agreement. The parties were in court for a hearing for the judge to approve or reject the plea agreement.The judge reviewed it and noticed some unusual language. Excerpted from “Vox”, dateline 8/17/2023::

          “Then, on June 20, prosecutors announced they’d made a deal with Hunter, in which he’d plead guilty to two misdemeanor tax charges, admit to illegally possessing a firearm when he was a drug user, and likely avoid any jail time.

          The deal remained out of public view until Judge Maryellen Noreika’s hearing in Delaware on July 26. Both sides had hoped Noreika would accept the deal, but it turned out she had quite a few questions about it.

          The deal had an unusual structure, involving both a typical plea agreement (which gets approved by a judge) and a “diversion agreement” (which doesn’t). The government’s promise of immunity for Hunter, which would usually be in the plea agreement, was for unexplained reasons in the diversion agreement instead — seemingly meaning Noreika would have no authority over it.

          Noreika thought this was odd. “I am concerned that you’re taking provisions out of a plea agreement that would normally be in there,” she said. Was it crafted this way in the hopes she would “rubber stamp” it, she asked? Some further oddness, she observed, is that the deal then tasked her with reviewing whether that diversionary agreement was breached — but neither side could cite a precedent for a judge having that role.

          The main issue, though, was that question of Hunter’s immunity from further prosecution (which, unusually, was laid out in the diversion agreement, not the plea agreement). The key paragraph states:

          “The United States agrees not to criminally prosecute Biden, outside of the terms of this Agreement, for any federal crimes encompassed by the attached State of Facts (Attachment A) and the Statement of Facts attached as Exhibit 1 to the Memorandum of Plea Agreement filed this same day.”

          That is what’s now being referred to as Hunter’s immunity guarantee. It says that the government would not prosecute him for any federal crimes encompassed by “Exhibit 1” — a detailed recounting of his business affairs, drug use, and tax nonpayment from 2016 to 2019.

          Yet Noreika pressed the government on exactly what that meant. For instance, it had been reported that Hunter had been investigated for potentially violating the Foreign Agents Registration Act (FARA). Under this deal, she asked, could Hunter still be charged under FARA?

          Prosecutor Leo Wise said yes. Hunter’s lawyer at the time, Chris Clark, then said he did not agree, and that the deal was off…..”

          Are you being paid to try to smear me? You spend an inordinate amount of time trying to prove that I lie, only to come up short every time.

          1. Excerpted from “Vox”, dateline 8/17/2023::

            Gigi, dammit I said be sure and get the Vax. the VAX!!!

            SMH, she’s never been the same since that bout of syphilis…

          2. Like I said, Hunter never plead to anything. Thank you for confirming that you LIED.

            Res ipsa loquitor

            You smear yourself every day. Who pays you to troll Karen S?

          1. LMAO

            LMAO

            LMAO

            So, GDP isn’t negative. Is that your PRAISE douchebag?

            You said, its “on the rise”. You didn’t say GDP growth rate is positive.

            GDP growth has fallen the last 3 quarters and 5 of the last 6

      2. And I’m not done. I would say that sux for you, but you have shown that you have ZERO shame or self respect.

      3. Gigi

        If Hunter never mattered, why have you mentioned him in more than 200 posts in the last 2 years?

    1. @Floyd….
      Definitely not as good as confefe or whatever Trump said…

      Seems Biden is trying to take a play from Trump’s playbook and failing miserably.

      1. Shinuopdoeshinapdboolonied!

        Anagram solver came up with:

        Osama Bin Laden
        Old man in a base
        A damn alien S.O.B.
        An Islam bad one

        1. Floyd said: “Shinuopdoeshinapdboolonied!”
          Maybe Biden is channeling the ghost of Little Richard Penniman in his dementia:
          “Tutti frutti, oh rootie. A wop bop a loo bop a lop bam boom”
          No, actually LR’s scat is far clearer…

      2. Why should that be a surprise? He has failed at every honest thing he has tried.

    2. He was scatting dammit!!!

      Fox edited out the music in the background!

  3. I know multiple Floridians, and they all HATE DeSantis–they know Florida is very gerrymandered, which is how DeSantis got power. They resent his antI-LGBTQ rhetoric, his book banning, attacks on education and petty vindictiveness, especially against Disney.

    In my search for Gigi lies, and there are many, I found this gem.

    DeSantis won the FL gubernatorial race because of gerrymandering LMAO

    What a kunt.

  4. If someone says, “I believe in and support free speech…” followed by words like “but,” except” or anything like it, then they do not.

    (comment written with the caveat that criminal speech is not included)

  5. The New York Post checked recently and learned the 51 spymasters won’t back down from their earlier deception.

    https://nypost.com/2024/06/14/opinion/of-the-51-top-spies-who-smeared-the-post-not-one-has-regrets/

    It’s almost as if the true intention of ‘our’ intelligence services is to create a dominate narrative that they are lying, seditious scum whose agencies must abolished and offices ground to dust.

    If that is their true intention then they are true masters of the craft because they have succeeded.

  6. Make $220 per hour. its very hard to find jobs nowadays. In this vee341 situation, you have access to a wealth of resources to help you with your working abilities. Be motivated to promote Thousands of works such as copy paste things through job boards and career nc-02 websites on internet

    Just Take A Look At This——-

  7. KNOW THE ENEMY OR SUCCUMB IN EVERY BATTLE

    “If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

    – Sun Tzu, The Art of War
    ____________________________

    Barbara McQuade “calls to limit free speech” and, thereby, nullify the Constitution, constituting the forcible imposition of the communist “dictatorship of the proletariat” and the principles of the Communist Manifesto as corollaries.

    Barbara McQuade is a direct and mortal enemy of the American Thesis of Freedom and Self-Reliance, the Constitution, the Bill of Rights, actual Americans, and America.
    ____________________________________________________________________________________________________________________________________________________________________________________

    1st Amendment

    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

  8. The ordinary HAMAS terrorists walking around Gaza conceal RPGs under their Islamic garb. The 4 Jewish hostages held by Hamas were rescued by Israeli forces but were met with RPG wielding Gaza residents. So it begs the question 🙋‍♀️

    Where does one buy an RPG to conceal under one’s garb?

    RPG-7 GRENADE LAUNCHER-FDE
    https://atlanticfirearms.com/rpg-7-grenade-launcher-fde

    Currently out of stock but more to be available soon!

    or just do a search on the internet for RPG for sale

    because one never can be without an RPG as a peaceful protestor

    🥳

    “While the battle raged inside, “dozens of terrorists emerged from the tunnels around the building and began to fire at the Israeli fighters with machine guns and RPG missiles,” making getting out of the second building another dangerous movement.“

    https://townhall.com/tipsheet/spencerbrown/2024/06/13/report-reveals-inside-story-of-israels-daring-hostage-rescue-n2640421

    1. What are the odds that RPGs carried by Gaza occupants have the name “Gigi” stenciled on them?

  9. I wonder whether Turley’s “robust view” of free speech includes the deliberate disinformation started by the RNC (headed by Lara Trump) and picked up and broadcast by the New York Post, Fox and the WSJ along with other Trump-sympathetic media without fully vetting the video–to wit: that Biden wandered off and had to be pulled back by the Italian PM for a group photo. If you look at the entire video, you will see that behind the other leaders, there were paratroopers who had landed. Biden turned around to speak with them and the video clearly shows he gave them the “thumbs up”. He didn’t “wander off”. Republicans have to lie. it’s all they have because once people get a gander at Project 2025 they’re toast. Their exalted leader just called Milwaukee “horrible”–it’s where the Republican Convention will be held next month, and Wisconsin is a swing state. Not a smart move at all. They’re trying to lie their way out of this gaffe, too, by claiming that Trump was speaking of crime in Milwaukee, which has, BTW, gone down. From “USA Today”

    “Crime in Milwaukee continued falling in the first quarter of 2024, as overall numbers dropped 10% from the same time last year, according to data Milwaukee police shared Tuesday. Homicides were down 39% in the first quarter, dropping from 38 last year to 23 for the same period this year.”

    1. LOL I love the “its gone down” approach.

      Just like inflation…Look, its gone down!!!

      And the deficit…Look its gone down!!!!

      Bwahahahahahaha

      Gigi, you crack me up!!

    2. LMAO idiot.

      We ALL saw the video. We know full well what he was doing. We saw the paratroopers on the FOX video, just like you did. We saw his goofy ass thumbs up. We saw him salute the Italian PM.

      AND he did wander off from the group. Did anyone else? And the Italian PM did pull him back to the group.

      A short attention span has always been a Biden trait, but….

      Why does it take him 18 seconds to put his sunglasses on?

      Why does he continuously hold his hands out in front of him? Did he do that 4 years ago? Not even.

      So don’t bother trying to tell us what we saw.

      Don’t believe your lying eyes—Gigi
      I reject your reality and substitute my own—Gigi

      Here ya go gigi…NOT FOX NEWS

      https://www.usatoday.com/story/opinion/columnist/2024/06/13/biden-age-mental-physical-decline-hunter-conviction/74062088007/

  10. Who would have thought ? Former and current brass of the US intelligence agencies are saying loudly and clearly ‘Trust Not the US Intelligence agencies’ (for not rebuking their position that the Biden laptop is a Russian initiative).

  11. Breaking News: Hunter just dropped his lawsuit against Giuliani that was claiming Rudy manipulated data on the LAPTOP. He dropped the suit. The laptop is real.

  12. Imagine selling your soul to cover for the Bidens, the most corrupt political family we have ever seen in national politics.

    For 40 years all, and I mean all, Democrats mocked Joe Biden, had no respect for Joe Biden, knew Joe Biden as lying fabulist with a low IQ. Then in 2020 a socialist was about to win the nomination and the idiot (without the savant part) was the only loser left standing and the hacks gave him the nod. Who else, Warren, Pete, Klobuchar, DeBlasio, Swalwell? So it was left to Biden and then since Biden is the party they have to pretend that he is Churchill and FDR in one body. We have “historians” (hysterians) telling us that a Biden speech is Mount Rushmore worthy, he bills are life changing and his leadership is like Julius Caesar.

    Biden is a moron, a corruptocrat, a lying, plagiarizing fool of a man and yet people are throwing away their pride to defend him. It is mind boggling. Many of us who will vote for Trump acknowledge his shortcomings, admit to his excesses, even point out where he errs, but a Democrat will never do this against another Democrat and so we have them ALL saying “behind closed doors we can’t keep up with him”. It would be laughable if it wasn’t so dangerous.

    1. Wow! Are you ever deep into it. Nothing you say about Joe Biden is true–nothing. He has done a marvelous job of turning around the mess Trump left behind. Our economy is booming, the stock market is setting records, GDP and real family wealth are on the rise, inflation is coming down, schools and businesses are open again, and our economy is the envy of the world. But, when you’re shoveling anti-Biden swill, you are diverting attention away from Trump calling Malwaukee “horrible” and MAGA media spreading the lie about Biden wandering off when he really turned to speak with paratroopers.

      1. “inflation is coming down”

        LIAR

        You and your bull shit. I can find a post from last Oct, when you said “inflation is coming down”. It was 3.2 in Oct. Its 3.3 now.

        Get a grip, you spastic bltch.

        1. Inflation is coming down. Annual inflation rate in 2023 was 3.4%. The latest figure for the year ending in MAY is 3.3%. Gigi is right. It’s not much, but it’s better. We all want better. Not worse.

          You’re citing one month against a whole year’s average.

          What is relevant is inflation is on a downward trajectory. It’s expected to continue albeit slowly.

          1. Well, spastic idiot non savant, 2024 is not over, so how are you going to compare it to 2023, mr “only annual counts”

            I didn’t say jack shit about one month against a year average. I gave last month versus October. Every month on that chart is versus the same month a year prior.
            Get a clue.

            And 3.3 is what it is May 2024 versus May a year ago, not the “year ending in May”.

            The point is, it has been hovering in the three’s for a year.

            It’s not coming down, for any practical purpose. That’s why the Fed isn’t lowering interest rates.

            It’s not better. It is, for any non partisan spastic, the SAME

            Fvck, I wish this site had a better search engine, because you just said EXACTLY what Svelaz said 6 months ago..

            It’s not much, but it’s better. We all want better. Not worse.

            You are a lying kunt m-f and a coward, Svelaz. And before you start with your gaslighting. It aint about Svelaz, I just hate liars. And you are one.

            https://www.usinflationcalculator.com/inflation/current-inflation-rates/

          2. Annual inflation rate in 2023 was 3.4%. You’re citing one month against a whole year’s average.

            Perfect example off your ignorance on almost any subject.

            The “whole years average” is not the same as “annual inflation rate”.

            Typically, the “annual inflation rate” is give as the Dec to Dec inflation rate.

            The “years average” is the average of each months yr/yr inflation rate.

            For example, the Annual IR for 2023 was 3.4%. The Average IR for 2023 was 4.1%

            Read more, type less. I promise you, it will help, Svelaz.

          3. Conservatives are always complaining about the poor state of education in the country and yet suddenly they are all experts and armchair scientists Professors of Law, who think they are qualified to say experts are wrong.

            Svelaz George, Spastic Idiot Non Savant

          4. Inflation is *not* coming down. The latest *rate* of inflation is slightly lower month over month, but inflation itself is not down because it’s cumulative: If …

            Base month: Price of item A = $1
            Base month + month 1 inflation rate of 3.3%: Month 1 price of item A = $1.03
            Month 1 price + month 2 inflation rate of 3.2%: Month 2 price of item A = $1.06
            $1.06 > $1.03 > $1

            Just basic math.

          5. Inflation rate doesn’t include food and fuel. Both are off the charts, a #butter is $7.50 and a gallon of gasoline is $3.65. These costs coupled with inflation are killing most Americans, especially the uneducated people that voted for Biden.

      2. ‘Gigi’ liking her own comments again.
        Barely hanging onto reality.
        TDS/blue kool-aid in full effect!

        1. Gigi is scum! Lying, pro child-castrating scum, so why expect any sense from her? She can no more tell the truth, than a vampire could drink Holy Water.

      3. Giggly,

        Please get help.
        You shouldn’t be allowed off the hospital’s grounds.

  13. Why doesn’t anyone talk about how completely bizarre it was for Hunter Biden to record all his debauchery & criminality on his laptop that he then “forgets” at a repair shop?
    Then the talking heads are on the air waves arguing about whether it is real or not…”we just can’t verify it”….but whose job is it TO verify it?
    The media, the feds, the CIA spooks — are ALL running cover for Joe Biden’s lies, corruption and criminality — that they all know about.
    And the feds at the FBI – the Gestapo, Stasi, Secret Police – authenticates it as Hunter’s….but does not pursue the litany of crimes and racketeering identified on the laptop?
    Until they get the go ahead to pursue Hunter’s gun crimes in effort to make the “legal system” appear to be “fair” after railroading Trump with 34 trumped up felonies?
    And still….the Feds WILL pursue ‘finding’ a crime – any crime – against Trump supporters, Trump family, Trump advisors while ignoring hundreds of Biden’s crimes detailed and documents all over Hunter’s laptop?
    The whole story is bizarre.

    1. Poor Anon.

      Did you ever stop to think that in all of this… the ‘losing the laptop’ was really a cry for help?

      Or do you think Hunter figured that no one would care because he’s after all a Biden?

      -G

  14. She’s a liberal Obama crazy. The heart of all these disinformation claims is that the American people are stupid and need the “help” of the progressives to make them see the light. Of course “the light” means that they see J6 as an insurrection, the last election as completely legitimate and lying only being within the purview of Donald Trump, rather than demonstrably, the biggest liar in politics – Joe Biden. Therefore, it is no wonder that she will deny that the laptop is legitimate, which most likely still believing that Trump is a Russian asset. You can’t fix stupid and the only thing that keeps them relevant is an equally dishonest press.

    1. Buddy Rose: NO ONE cares about the laptop–NO ONE. Republicans have milked the story to death, trying to prove that there are crimes recorded on it and have come up with zilch. How many hearings have they had, how many witnesses have they called? Where’s the proof? Trump’s campaign conspired with Russian hackers to spread lies about HIllary Clinton in key districts they believed would turn enough voters so that he could win the Electoral College–because they knew he couldn’t win the popular vote. He LOST the popular vote in 2016. Trump DID lobby to try to get Russia back into the G7 after it was kicked out for invading Crimea. Trump DID publicly side with Putin over American intelligence. These are facts that should shock you.

      Trump is a sociopathic narcissist, misogynist, chronic, habitual liar who is desperate to get power–he hasn’t hidden the fact that he solicited $1 billion in campaign contributions from oil executives in exchange for letting them write an Executive Order rolling back environmental protections. That should shock you. He also solicited campaign contributions from wealthy people in exchange for cutting taxes. His last tax cut drove the national debt up several trillion dollars and 83% of the benefits went to the top 1%. Cuts would be made to Social Security and Medicare to pay for the tax cuts, but that wouldn’t be sufficient, so the national debt would soar once again. Trump also would enact more tariffs that would drive up the cost of goods, and that, with interest on the debt, would drive inflation to higher levels, once again destroying our economy. That should shock you. Project 2025 would require people working for federal agencies to pledge allegiance to Trump and not to countermand anything he demands of them. Problem is, federal workes are required to pledge allegiance to the Constitution and they are paid by and work for the American people–not Trump. That raw abuse of power and the ways in which it could be abused should shock you. Trump promises revenge on his perceived enemies. That should shock you. A POTUS is supposed to work for the benefit of the American people, not his own ego. Project 2025 would force Christian Nationalist beliefs onto the American people–abortions banned, no IVF, bans on contraception, marriage equality gone, LGBTQ c;itizens denied equality and discriminated against..the list goes on….none of which would be supported by the majority of the American people. Trump would do everything possible to help Putin win ove Ukraine, including pulling the US out of NATO and cutting off arms and supplies. Putin wouldn’t stop at Ukraine–the Baltic countries and Poland would be next, and that could start WW III. Trump is a disaster on the horizon.

      1. LMAO Gigi didn’t even know about project 2025 until I mentioned it a couple days ago

        Bwahahahahahahaha

  15. It is clear with the 51 Dem Intelligence People that claimed Hunter Biden’s Gun was not real and are doing it again after he has been convicted in the trial I see the Dems lie and lie always. This Professor McQuade is just another Dem liar about the Hunter Laptop. We cannot believe what they say as we will not get truth.

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