Judge Throws Out Gov’t Case Against Bundy


The pressure has to be so great in this land to ever obtain any justice. In the case of the rancher, Bundy, the government has been on a crusade to imprison him if not outright murder him to uphold their supreme authority to ignore the Constitution.

A U.S. Federal District Judge Gloria Navarro dismissed all charges against Nevada rancher Cliven Bundy, his two sons and another man on Monday after accusing prosecutors of willfully withholding evidence from Bundy’s lawyers. Judge Navarro cited “flagrant prosecutorial misconduct” in her decision to dismiss all charges against the Nevada rancher and three others. She wrote: “The court finds that the universal sense of justice has been violated.”

This is what is called a Brady Violation. Rarely will any federal judge actually dismiss a criminal complaint of the government on a Brady Violation – perhaps one in a million, if that. They have also crafted “harmless error” analysis to basically say you would have been convicted anyhow so rights do not matter.

Brady v. Maryland, 373 U.S. 83 (1963) was a landmark decision by the United States Supreme Court which established that the prosecution must turn over all evidence that might exonerate the defendant (exculpatory evidence) to the defense. The prosecution failed to do so for Brady and he was convicted. Brady challenged his conviction, arguing it had been contrary to the Due Process Clause of the Fourteenth Amendment to the United States Constitution. Prosecutors hate to ever turnover anything that will defeat them in court. In United States v. Bagley, 473 U.S. 667 (1985), the Supreme Court effectively overrule Brady by applying Harmless Error analysis meaning you have the burden to prove now that the evidence withheld WOULD HAVE changed the verdict. And who does the analysis? A judge of course and never the people.

In order for the Bundy charges to be thrown out, there must have been a lot of posturing behind the curtain. The government can always appeal and the likelihood of an appellate court overrule the district court is 100%. So what took place was to a large extent political. They wanted to get this off the table. Bunday spent 700 days in prison.

The Democrats Have a “Dossier” Problem, and It Will Not Go Away…


Journalist Kimberley A. Strassel is one of the few mainstream journalists writing about the collaborative 2016 DOJ/FBI “Trump Operation” with a sense of what is to come.  Strassel likely understands where the story is going, and appears to have a solid grasp on the evidence trail, yet necessarily writes cautiously – the stakes are indeed quite high.

Today Strassel writes about the need for the Democrats to rehabilitate the Steele Dossier because the alternative origin, the truthful origin to the counterintelligence operation over the campaign of candidate Donald Trump, is a stunning political risk.

Two weeks ago the New York Times narrative said the Steele Dossier was nothing, irrelevant, and had nothing to do with the FBI beginning “Operation Trump”.  Today, mysteriously, Democrats embrace the Steele Dossier as they justify the DOJ/FBI counterintelligence and surveillance operation over an opposing political candidate.

The motive is transparent. If Democrats do not embrace the Steele Dossier as a national security origin for the entire DOJ/FBI operation, the real motive is subject to exposure.  That real motive is political. That real motive cannot be justified. That real motive presents a legal risk that must be avoided.

However, while Strassel’s outlook is almost guaranteed to be correct, there’s an angle that Democrats have likely not considered; and/or they will not easily be prepared for.

Let me put it this way, in the form of a question:

The Steele Dossier is the “least bad” option to justify the origin of the DOJ/FBI “Trump Operation”.  However, what if the Steele Dossier is the finished product of the DOJ/FBI “Trump Operation”,  not the beginning of an investigation?

What I mean by that is… our research indicates the “dossier” information is likely a fabricated story woven from loosely connected factual evidence derived from DOJ/FBI unlawful FISA-702 query use, and not vice-versa.

That is to say… The information within the dossier came from early 2016 FISA-702 abuses by contractors working for the FBI. It appears from the fact pattern that elements from the FISA-702 queries generated intelligence bytes that were later laundered by Christopher Steele and became elements within his completed intelligence ‘dossier’.

The “Dossier” did not precede the FBI’s FISA-702(16)(17) surveillance applications to the FISA Court; the Dossier was actually constructed from previous unauthorized FISA-702 queries.  A self-fulfilling intelligence prophecy per se’.

As a consequence if the Democrats embrace the Dossier, and congress exposes the origin of the material within the Dossier, the Democrats end up embracing the conspiracy within the origin of the Dossier.

Funny that.

I wonder if they’ve thought that through?

Let me take a prudent moment to clear some things up for those who are following this story closely.

First, the MSM is about two-weeks behind understanding the researched evidence you have read in our ongoing analysis of this story-line. They are currently debating “FISA Warrants”, without even beginning to fathom that FISA-702 queries don’t require FISA Warrants.

Additionally, the FISA Court doesn’t give FISA-702 “Warrants”, they give FISA-702 search or surveillance approvals.

Secondly, the conservative media are still scared of this story.  The ramifications are almost too large to fathom.  A sitting president (Obama) knowingly involved in the weaponization of the FBI and DOJ to target a political opponent?  That’s a story that scares the hell out of the financial media.  One of the reasons it scares them is they are still suffering from the long-term side effects of “Battered Birther Syndrome“.

Those who are willing to engage in this story are petrified of being called a “Conspiracy Theorist” (etc. and writ large).   In a weird way now you know why this little political research website is called “The Last Refuge”.  We discuss the evidence and downstream facts that others are frightened to mention.  No big deal. Those tender voices read here to figure out where the story is going….  we leave the trail… they follow.

When the financial media arrive at the destination, they shout “look what we found”. Meanwhile we’re chilling on the perimeter up ahead, resharpening the machetes, watching them celebrate their discovery in the rear view.  No biggie. I digress…. moving on.

Let’s explain FISA because the media is taking too long to understand complex facts within the story.

We’ll break down the term: “ FISA-702(16)(17) ” into the elements that will help you make sense of this story in the future.

  • FISA – Foreign Intelligence Surveillance Act
  • 702 – An American caught up in the process of Foreign Surveillance
  • (16) – A search query based on “TO” and/or “FROM”
  • (17) – A search query based on “ABOUT”

Again, to repeat, there are differing FISA rules for use of the NSA or FBI database depending on the originating intelligence compartment.

If a search is conducted from an intelligence agency of the U.S. government whose objective is to ensure “National Security” there are different FISA rules than a search from an intelligence agency not engaged in “National Security”.

The DOJ has a National Security Division.  Their compartment rules on FISA searches and reviews are different from the DOJ Civil Rights Division.  There are 30 DOJ divisions.

The FBI (a department within the DOJ) has a Counterintelligence Division that focuses on terrorism threats etc.  A FISA search from within the Counterintelligence Division has different rules than a FISA search from the Science and Technology Division.

When a FISA-702 search is conducted based on the need for “national security” no approval from the FISA court is needed.  Search away.  If the FISA search is because of a “vital national security interest” the resulting search data can be opened without seeking permission from the FISA court.

♦A “FISA-702(16)” Search Result – would be a search result of the FBI (counter terrorism) database or NSA database that returns an American person as a result of a “To” or “From” (16) type data search.

EXAMPLE: Querying phone data (phone number)  TO: Mohammed BadGuy or FROM: Mohammed BadGuy  – might return a list of phone numbers that also contains an American persons phone number.  That American person is protected by the fourth amendment.  To look at the “upstream” connections of the American Person to other people, likely Americans, the search operator would need to ask permission of the FISA Court to review the upstream results.

[NOTE: *Exception* – the search was vital to national security. If so, the upstream phone numbers could be reviewed without asking FISA permission.]

♦A “FISA-702(17)” Search Result – would be a search result of the FBI (counter terrorism) database or NSA database that returns an American person (702) as a result of an “ABOUT” (17) type data search.

EXAMPLE: Querying everything in email ABOUT: Mohammed BadGuy – might return communication of an American who wrote a letter about Mohammed BadGuy or maybe he told a friend in a text to check out a media story about Mohammed BadGuy.  To look at the email or text of the American, the search operator would need to ask permission of the FISA Court to see the email/text content.

[NOTE:  *Exception* – the search was vital to national security?. If So, the email and text could be looked at without asking permission]

It was the 2016 FISA-702(17) “About Queries”, returns from searches, that were identified in 2016, by NSA Director Admiral Mike Rogers, as being conducted by the intelligence community (FBI), by “contractors” and “individuals”, for reasons that were unauthorized; had nothing to do with National Security; and did not request FISA Court Approval.

Mike Rogers discovered FBI contractors doing FISA-702 “About Searches” that resulted in returns providing information on Americans.  Those results were passed on to people outside government.

Pg 83. “FBI gave raw Section 702–acquired information to a private entity that was not a federal agency and whose personnel were not sufficiently supervised by a federal agency for compliance minimization procedures.”

(2017 FISA Court Opinion – 99 Page Brief)

Someone inside the FBI was giving FISA-702 search results on U.S. individuals to a private entity that had nothing to do with government.   Those 702 (American Citizen) results were not “minimized” and exposed the private data of the American citizen(s).

In addition, NSA Director Mike Rogers, who is also in charge of Cyber Command, discovered people within the intelligence community were doing “searches” of the NSA and FBI database that were returning information that had nothing to do with “Foreign Individuals”.

Rogers requested a full FISA-702 Compliance Review.

As an outcome of that review, the DOJ/FBI compliance officer noted FISA violations. Again, the FISA Court (page 84):

We do not know how many FISA-702 violations took place prior to NSA Mike Rogers initiating the full FISA-702 review in April 2016.  Nor do we know who the insider FBI individuals were; or what results were passed on; or what was done with the results.

However, given the nature of what was taking place at the time (March, April, May, 2016) it appears likely this was part of the DOJ/FBI/Fusion-GPS collision to gather information on the candidacy of Donald Trump.

CTH received a tip that Fusion GPS (either ‘individuals’ or the company) were one of the “contractors” mentioned, additionally the “private entity” could also be inside the Fusion GPS network.  Another “contractor” could possibly be CrowdStrike.  From all appearances there were multiple people involved.

These ‘passed-along’ FISA-702 search results appear to be the seeds which were fertilized by Glenn Simpson, Mary Jacobs, Nellie Ohr; “unmasked” by Obama administration officials; and enhanced/laundered by Christopher Steele – to end with a “Steele Dossier” returned to the FBI via Counterintelligence Agent Peter Strzok, DOJ Deputy Bruce Ohr, and DOJ/FBI lawyer Lisa Page, for their “insurance policy”.

The DOJ and FBI then took the dossier, full circle, back to the FISA Court to gain 702 surveillance authority and approval (media says ‘warrant’), upon the Trump Campaign (October 2016), and President-Elect (after November 8th, 2016).

There’s a Twitter Thread on The SUBJECT HERE

In October 2016, immediately after the DOJ lawyers formatted the FBI information (Steele Dossier etc.) for a valid FISC application, the head of the NSD, Asst. Attorney General John P Carlin, left his job.  Carlin’s exit came as the NSD and Admiral Rogers informed the FISC that frequent unauthorized FISA-702 searches had been conducted. Read Here.

All research indicates the intelligence information the DOJ and FBI collected via their FISA-702 queries, combined with the intelligence Fusion GPS created in their earlier use of contractor access to FISA-702(17) “about queries”, was the intelligence data delivered to Christopher Steele for use in creating “The Russian Dossier”.

RESOURCES:  – The BIG UGLY

IG Stimulated Releases of Information:

♦Release #1 was the FBI Agent Strzok and Attorney Lisa Page story; and the repercussions from discovering their politically motivated bias in the 2015/2016 Clinton email investigation and 2016/2017 Russian Election investigation.

♦Release #2 outlined the depth of FBI Agent Strzok and FBI Attorney Page’s specific history in the 2016 investigation into Hillary Clinton to include the changing of the wording [“grossly negligent” to “extremely careless”] of the probe outcome delivered by FBI Director James Comey.

♦Release #3 was the information about DOJ Deputy Bruce Ohr being in contact with Fusion GPS at the same time as the FISA application was submitted and granted by the FISA court; which authorized surveillance and wiretapping of candidate Donald Trump; that release also attached Bruce Ohr and Agent Strzok directly to the Steele Dossier.

♦Release #4 was information that Deputy Bruce Ohr’s wife, Nellie Ohr, was an actual contract employee of Fusion GPS, and was hired by F-GPS specifically to work on opposition research against candidate Donald Trump. Both Bruce Ohr and Nellie Ohr are attached to the origin of the Christopher Steele Russian Dossier.

♦Release #5 was the specific communication between FBI Agent Strzok and FBI Attorney Page. The 10,000 text messages that included evidence of them both meeting with Asst. FBI Director Andrew McCabe to discuss the “insurance policy” against candidate Donald Trump in August of 2016.

Giddy Up – Friday Night Document Surprise from Office of Inspector General…


Well, well, well… here’s a surprise.  Office of Inspector General has apparently begun giving Judiciary Chairman Bob Goodlatte the 1.2 million pages of evidence from the year-long inspector general investigation into FBI and DOJ politicization:

As previously discussed, Inspector General Michael Horowitz had promised to deliver around 1.2 million pages of documents from his investigation to Chairman Bob Goodlatte on/around January 15th, 2018.

The DOJ Assistant Attorney General for Legislative Affairs is Stephen Boyd; he’s a Trump appointment and replaced the politically corrupt Peter Kadzik (John Podesta’s pal).  Boyd is the liaison between the DOJ and Congress responsible for complying with oversight requests from the Judicary Committee.  Looks like Stephen Boyd delivered early.

More from DaveNYviii today:

1) Inspector General Friday Night Surprise!

 

President Trump Rejects Ridiculous UniParty DACA Deal…


CTH has pointed out for years that “immigration” is second only to “budgets” in being able to see the bold colors of the UniParty at work.  Senators Michael Bennet (D), Dick Durbin (D), Bob Menendez (D), Jeff Flake (R), Cory Gardner (R) and Lindsey Graham (R), are the latest insufferable crew to present the UniParty immigration demands.

Thankfully, President Trump rejected their “proposal“; and as a direct result the UniParty immediately pounds the Alinsky Drums: “Racist, Racist, Racist“:

Senator Dick Durbin and Lindsey Graham exited the meeting yesterday after President Trump rejected their proposal.  Immediately Durbin begins Alinsky positioning for political benefit by claiming President Trump said the words “shithole countries“.

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Fusion Collusion – Dan Bongino Asks The Right Question…


Dan Bongino is asking the right question on Twitter:

Pages #83 through #96 of the FISA Court Opinion provide the context for this question.

The fastest way to answer the question is to ask the guy at the epicenter of the FISA-702 queries.  W.H. “Bill” Priestap, the FBI Director of Counterintelligence.  Mr. Priestap could easily answer that question…. and he’s on the Nunes witness list for questioning this month… but will he answer?

The Gravity of Mohammed


The protests in Iran are not only about economics and politics, they’re also about Islam. Iran in the 1960’s saw mini skirts, smiling women with uncovered hair, men and women freely holding hands on university campuses, and in the air, there was a sense that progress was possible. Then the Shah was deposed during the 1979 Islamic Revolution, and the Ayatollah and imams came to power. Iran had been purified, returned to its Islamic roots of Mohammed. Today, we are witnessing the Persian people rise up again against the Iranian Islamic regime and say “no more”. How will this play out?

Over the 1400 years of Islam, there is a pattern that can be observed that I call THE GRAVITY OF MOHAMMED. It can be visualized as a cycling wave graph, or a sine wave (see figure below). An Islamic nation will cycle between secularism and hard line Sharia, a push and pull of modernity vs Mohammed or civilizations retracting and embracing the perfect example of Mohammed. It is hard to escape the Sunna of Mohammed which the Sharia implements. As long as you have the remnants of Islam in a society, Mohammed will always return. Said another way, as long as a society believes Mohammed is the prophet of Allah, Sharia will return.

Examples of this are Turkey and Iran. Turkey under Ataturk pulled away from Mohammed, only to return with Erdogan. Iran pulled away from Sharia under the Shah only to return under the Ayatollah, and now there is a good possibility that the Persians may push away from the Sharia again. However, this will surely be temporary as the only way to destroy rule by Sharia is to destroy the belief that Mohammed is the prophet of Allah (the Shahada). Thus, the Gravity of Mohammed predicts that although Iran will pull away from Sharia for now, and maybe for years to come, it will fall back again to its Islamic roots. Like gravity, Mohammed is always there.

More MAGAnomic Success – Chrysler Moving From Mexico To Michigan, Toyota Building in Alabama, and More…


The recently passed Tax Bill continues to enhance the MAGAnomic policy of the Trump administration, leading to more great economic and jobs news amid the headlines.

Do the math.  The three single-day announcements below will add more than 6,500 new jobs, average around $50,000 per job, and contribute tens-of-billions to a revitalized new America-First economy.  This is MAGAnomics in action.  This is a direct result of economic policies initiated by President Trump.  This is part of the reason why the U.S. GDP will easily exceed 4% growth in the next three years of Trump’s first term.

Economic Nationalism – America’s largest private employer, Walmart, has announced their plan to increase their minimum wage to $11/hr and give out bonuses between $200 to $1,000 to each of their more than one million employees:

CNBC – […] “We are early in the stages of assessing the opportunities tax reform creates for us to invest in our customers and associates and to further strengthen our business, all of which should benefit our shareholders,” he added. “However, some guiding themes are clear and consistent with how we’ve been investing — lower prices for customers, better wages and training for associates and investments in the future of our company, including in technology.”

Walmart said the changes will benefit the retailer’s more than 1 million hourly employees across the country and will go into effect as soon as February.  (read more)

Additionally, as a direct result of the new tax landscape in combination with the one-time write-offs for investment, Chrysler has announced they are moving the majority of their Heavy Truck manufacturing from Mexico to Michigan:

DETROIT — Fiat Chrysler is moving production of heavy-duty trucks from Mexico to Michigan and paying bonuses to U.S. workers in response to the passage of U.S. tax reform late last year.

The automaker will invest $1 billion in its Warren Truck Assembly Plant to make the Ram Heavy Duty Truck starting in 2020. That truck is currently made in Saltillo, Mexico, where workers will continue to make commercial vehicles.

FCA says the Warren plant will add 2,500 new jobs.

The company also plans to pay $2,000 bonuses this spring to about 60,000 hourly and salaried U.S. employees. Senior executives won’t get the bonus.

FCA CEO Sergio Marchionne says the company should adjust its manufacturing footprint to reflect “improvement in the U.S. business environment.” He says employees should also share in the tax savings.  (read more)

Capping off the trifecta of good news, Toyota/Mazda has announced a massive $1.6 BILLION investment in new manufacturing in Alabama that will employ 4,000 U.S. workers:

Toyota Motor Corp (TM) and Mazda Motor Corp announced on Wednesday they will build a $1.6 billion joint assembly plant in Alabama that will employ up to 4,000 workers, a boost for President Donald Trump, who wants automakers to expand U.S. production.

Toyota President Akio Toyoda and Mazda President and Chief Executive Officer Masamichi Kogai joined Alabama Governor Kay Ivey in Montgomery at an event to announce the decision.

“Welcome to sweet home Alabama,” Ivey said to the two executives, after saying that the anticipated 4,000 workers at the plant to be built in Huntsville would earn an average of $50,000 a year.

The plant will produce 300,000 vehicles a year and should open on a 2,500-acre former cotton field in 2021, about 14 miles from Toyota’s engine plant in Huntsville. (link)

“The Fix”…


Earlier today President Trump tweeted that he personally directed “the fix” to the FISA-702 unmasking process:

He did exactly that.

NSA Director Admiral Rogers took specific action to stop FISA-702(17) “About Queries” and posted the NSA notification in April 2017.  SEE HERE

The FISA-702(17) “About Query” process was exactly what was used to collect information about the campaign of President Trump.

[…] Under Section 702, NSA collects internet communications in two ways: “downstream” (previously referred to as PRISM) and “upstream.”

Under downstream collection, NSA acquires communications “to or from” a Section 702 selector (such as an email address). Under upstream collection, NSA acquires communications “to, from, or about” a Section 702 selector.

An example of an “about” email communication is one that includes the targeted email address in the text or body of the email, even though the email is between two persons who are not themselves targets.

The independent Privacy and Civil Liberties Oversight Board described these collection methods in an exhaustive report published in 2014.

After considerable evaluation of the program and available technology, NSA has decided that its Section 702 foreign intelligence surveillance activities will no longer include any upstream internet communications that are solely “about” a foreign intelligence target.

Instead, this surveillance will now be limited to only those communications that are directly “to” or “from” a foreign intelligence target.

These changes are designed to retain the upstream collection that provides the greatest value to national security while reducing the likelihood that NSA will acquire communications of U.S. persons or others who are not in direct contact with one of the Agency’s foreign intelligence targets.  (read more)

TIME is more than Money – It is EVERYTHING


TIME is more than just money; it’s absolutely everything and then some! Personal opinion just utterly fails because we are all human. Markets routinely do what the majority never expects. That is their function. They mutate like a virus always changing its genetic code to defeat medicine, or in this case, traders. Back on November 30th, 2017, I explained on the private blog: “We must respect that exceeding the November high now in December on a sustained basis, points to a January high. If we pull back, then January will be a low and then watch out for a sharp rally into March.”

TIME is the very fabric of the universe and probably the most misunderstood element of all. In physics, the relativity of simultaneity is the concept that baffles many. The question becomes, do two distant events actually take place simultaneously? Therefore, the question whether two spatially separated events occur at the same TIME is recognized to be far from absolute. It is “relative” depending on the observer’s reference frame. This becomes incredibly important in terms of forecasting the world markets.

To grasp what our model is really doing one must look at TIME and EVENTS more in the perspective of turning points – not specific events. Once you understand we are forecasting turning points on the TIME horizon, not specific events, you will begin to make a leap forward into a new world of understanding TIME.

Specific events on the horizon become easy for forecast based upon the trend in motion relative to TIME. When trends reach that events horizon in time, then a specific high or low is easily ascertained. Right now, we are in the throes of a major breakout and a characteristic of Vertical Markets has been what we call the Cycle Inversion process. Normally, turning points unfold in opposite pairs. So a November high would traditionally be followed by a January low. Merely exceeding the November high on a closing basis during December identified the continued rally into the next target being January 2018 warning we were (1) dealing with a Cycle Inversion, and (2) a Vertical Market that is going to be very difficult to trade for most people.

It is paramount that we understand how Vertical Markets function.

In Massachusetts – they Arrest You for failure to Renew a Dog License


Believe it or not, the town of Westminster in Massachusetts arrests people for failing to renew a dog license. The municipality issued an arrest warrant for Brian Vincent for not renewing his dog license. The town officials do not deny using the criminal procedure to collect fees. They claim that all proper procedures were followed when handling the issue of failing to renew a dog license. The police justify arresting citizens who fail to renew a pet license stating that “many years ago rabies was an issue and people in the state and the community wanted to make sure animals are registered” according to the Sentinel & Enterprise News. Once they pass something “many years ago” why give up that revenue even when the former justification vanishes.

The more governments become abusive all to get their hands on other people’s money, our most precious right, LIBERTY, is revoked for anything they can dream of. When government becomes abusive and takes the liberty of people for fines, no less non-violent offenses, it loses its ultimate authority to government historically. It simply becomes a waiting game to see how far they go which will spark the uprising as has always taken place throughout record history. The American Revolution was – No Taxation Without Representation. We no longer have a representative government or they would never act in such a manner.