Posted originally on the CTH on October 3, 2024 | Sundance
The overall prosecution attempt by Jack Smith was fundamentally deconstructed when the Supreme Court ruled mostly in favor of President Trump carrying ‘presidential immunity’ for officials acts while in office. The ruling meant Smith had to go back to Judge Tanya Chutkan’s court and work through a process of outlining what is and is not an ‘official act’ according to the DOJ.
The result of that approach was made public yesterday, when Judge Chutkan revealed a new 165-page indictment [SEE HERE], essentially a list of evidence the DOJ claims as proof of “unofficial acts” allowing them to jump the hurdle of “official acts.” However, the reality of Jack Smith’s filing is a story without much legal value. Instead, it is a 165-page Lawfare story created for media promotion.
Many followers have accepted that Jack Smith is not necessarily the person constructing the legal filings. There is a solid argument to be made that Andrew Weissmann, Norm Eisen and Mary McCord are the Lawfare allies tasked with writing the material. When you read the filing, the manipulation of legalese to shape a narrative story is clear.
As former DOJ Asst AG Jeffrey Clark has noted, the filing attempts to obfuscate the legal requirements of “state of mind” by projecting what President Trump must have thought, as expressed by the opinion of unknown advisors. Jack Smith says President Trump thought this, without actually providing any evidence of what President Trump thought. Additionally, this Lawfare approach toward including redacted quotes amounts to written testimony, which would never pass muster in any court.
The accused has a right to confront witnesses; however, in written text that questioning becomes impossible. In essence, Jack Smith violates the principle and stated purpose of the sixth amendment. This is one of the ways you can tell the filing itself is not intended to outline evidence, but rather to outline a story. The claimed “evidence” is simply a story the Lawfare team want to deliver in October of an election year.
Almost all of the claimed evidence within the filing would not pass legal challenge. If the case were to proceed, most of what is written in the motion will not pass the legal scrutiny to make it into actual testimony. All of the claimed witnesses would be challenged, and Jack Smith would be no closer to proving President Trump’s “state of mind” than he was without the witnesses.
Factually and legally, you cannot establish the state of mind of the accused, the earnest belief, simply by referencing what other people said to him. EXAMPLE BELOW:
...”The background to understand the importance of the admission is that Smith is saying (like the J6 Cmte before him) that Trump’s criminal state of mind is established by the fact that many Trump advisors told him that he had lost the 2020 election.
That theory has always been ridiculous because advisors are just that — they advise — the President decides. Their advice is not imputable/attributable to the President’s state of mind.
But there is a little parenthetical on Page 9 that these advisors “were telling the truth that he [Trump] **did not want to hear**—that he had lost ….”
This inherently confesses that Trump disagreed with his advisors telling him he’d lost. That right there negates “the criminal mind” or what lawyers call scienter. And without the requisite scienter or intent, Trump cannot legally be convicted of a crime.
Trump’s only “crime” is believing that he won the 2020 election, something many Americans both sophisticated and ordinary agree with.” ~Jeff Clark
Cutting through the fog, what this 165-page indictment is really intended to do, is weave a story that the media can push in October of an election year. Judge Tanya Chutkan rushed approval of the filing to assist the political intents of Jack Smith, Weissmann, Eisen and McCord.
Clark also notes interestingly that nowhere in the signature attribution of the filing itself, is the U.S. Dept of Justice identified as the institution granting Jack Smith legal authorization for the prosecution. As Jeff Clark notes, “it raises the question of whether use of any Justice Department organ to go after a former President of the United States is constitutional and could comport with the Supreme Court’s July 1, 2024, immunity decision in Trump v. United States.”
Special counsel Jack Smith filed a superseding indictment in the same DC case, showing how desperate the Democrats are to stop Trump from winning the White House, for he and RFK would shut down the Neocons who are taking us into World War III. Smith is outright seeking to Interfere in the 2024 Election. Smith was also never appointed or approved by Congress. He is an unauthorized hack of Merrick Garland, another Neocon who hates Russians. Garland also claims that his family was persecuted by Russians, along with Antony Blinken and Victoria Nuland. What are the odds that three people with personal family grievances with Russians control the Biden White House?
The FBI has conceded that they had so many agents there on January 6th that they could not even give a number to Congress. There is reasonable doubt as to who actually broke into the Capitol. Was it FBI undercover that created the affair to allow Pelosi to suspend normal rules for counting the votes? They want to blame Trump, but the beneficiary was actually Pelosi and Biden. There was also concern that calling in the National Guard presented an unspoken risk. Those in the military tend to lean more toward Trump than Biden. There were concerns that the National Guard could have switched sides and supported Trump vs Pelosi/Biden. After all, that is how coups often take place.
The actual rigging of the election took place in Congress. The claims that Trump denied bringing in the National Guard was false. Retired U.S. Army Lt. Gen. Keith Kellogg testified before Congress that President Donald Trump did, in fact, request National Guard troops be deployed in Washington D.C. before the breach of the U.S. Capitol on Jan. 6, 2021. Kellogg also said he was present at the time of Trump’s request and that Congress should release his testimony to the public, but the Democrats withheld that testimony. The American Military News also wrote:
“David Bossie, who wrote the Washington Times op-ed noted Jan. 3 conversation between Trump and Miller and said the Jan. 6 select committee is “crafting a narrative that doesn’t quite add up and omits important facts that would not stand if there were proper Republican representation on the committee.”
NBC News reported that the commanding general of the District of Columbia National Guard told members of Congress Wednesday that he had troops ready to deploy immediately to the Capitol on Jan. 6th. Still, it took more than three hours for the Defense Department to give the green light. This has raised questions about the Deep State and did they delayed the National Guard to ensure that the FBI broke the windows and led the protestors into the Capitol so that Pelosi was able to declare EMERGENCY RULES, shutting down all challenges to any state vote. If a state is challenged, it is to be debated in the full House. Pelosi imposed the COVID Rule that restricts the maximum number of people on the floor to 53. Any election rigging took place in Congress. It was not about voting machines or dead people voting which always takes place in every election.
Jack Smith has revised everything because he would have had to reveal his case is a mini-trial all over evidence in light of the Supreme Court. If Smith had tried to proceed under the original indictment would have given Trump a hearing that would have turned into a mini-trial. Smith would have been forced to bring in his witnesses and experts to testify and make the case for why Trump’s charges should remain or should be dropped. This superseding indictment was really to fold his case, which would have been questionable to begin with, and he would have lost respect in the public eye all before the election. The judges in all of Trump’s ongoing criminal cases must go through to apply the Supreme Court’s presidential immunity decision.
While we have the diehard Democrats who do not care about the Constitution or the rule of law, they spell “justice” using two words: “JUST US” and do not care about the future. The Supreme Court also held that prosecutors have ABSOLUTE IMMUNITY and judges, but the President should not be above the law? Why? They are?
The Supreme Court in 1993 also was confronted by the constant abuse of prosecutors in an investigative context. They finally ruled that abuse of the investigative process is grounds to deny the prosecutor’s absolute immunity under Buckley v. Fitzsimmons, 509 U.S. 259 (1993). That ruling reversed the holding of Absolute Immunity for prosecutors. The Immunity decision in the Trump case follows the same path that official acts are immune, the same as Smith enjoys. Still, UNOFFICIAL acts do not carry absolute immunity in the same way as the improper investigative acts Smith.
So let’s stop the partisan BS, and without the rule of law, NO NATION can stand!!!!!!!
This superseding indictment was to avoid an evidentiary hearing that would have been a mini-trial that would have Smith losing much of his wind, looking to the entire world that is just a partisan hack with the sole purpose of interfering in the 2024 election.
Posted originally on the CTH on August 27, 2024 | Sundance
It’s really not Jack Smith, so we should drop the pretenses. Mary McCord, Norm Eisen and Andrew Weissmann have recrafted a new DC indictment against President Trump by dropping around 10 pages of fraudulent evidence from the prior indictment and labeling it a “superseding indictment.”
The 36-page indictment is available HERE. Essentially, after the supreme court decision on immunity, the majority of the previous case against President Trump was likely to fail, so Mary, Norm and Andrew went back and modified the previously lawfare to fit a narrower scale as requested by the supreme court.
The Lawfare crew then hand off the indictment to Jack Smith who runs it through a Grand Jury, and re-files it as a new set of issues; however, the majority of the case is structurally the same, they just took out the evidence they were using. This fiasco does not appear to be any better than the previous pages of Lawfare.
(Via Politico) – […] The new indictment removes some specific allegations against Trump but contains the same four criminal charges, including conspiracy to defraud the United States. It’s a signal that Smith believes the high court’s immunity decision doesn’t pose a major impediment to convicting the former president.
“The superseding indictment, which was presented to a new grand jury that had not previously heard evidence in this case, reflects the Government’s efforts to respect and implement the Supreme Court’s holdings and remand instructions,” Smith’s team wrote in an accompanying court filing.
The development is unlikely to alter the reality that a trial in the case before the November election looks impossible. In fact, the new indictment could drag the case out further — defense attorneys often seek delays after prosecutors revise criminal allegations.
Both sides face a Friday deadline to propose next steps to U.S. District Judge Tanya Chutkan, the Biden appointee who is overseeing the proceedings in the trial court. Chutkan has scheduled a Sept. 5 hearing to set a course for the case. (read more)
Posted originally on the CTH on July 2, 2024 | Sundance
The tip of the Lawfare spear consists of a small group of former DOJ attorneys and Main Justice leftists who helped AG Eric Holder create the DOJ National Security Division (DOJ-NSD) when it was formed on behalf of President Obama.
Lawfare, writ large, are a tribe of leftists who strategically weaponize the justice systems within the DOJ. They are also the main guides, strategists and legal analysts who previously used Robert Mueller and currently use Jack Smith.
The tribe is led by a trio of fellow travelers: Mary McCord, Norm Eisen and Andrew Weissmann.
If you research the group, you will discover that Mary McCord sits at the center of every attack approach deployed against President Trump {CITATION}. The influence of McCord cannot be overstated, while gender fluid leftists like Eisen, Weissmann (and others), wax philosophically about which statutes can be twisted and interpreted to assist their Lawfare strategy du jour.
Everything we have watched unfold, from using “The Logan Act” against Michael Flynn, to using “The Insurrection Act” against President Trump and the J-6 targets, comes from this small crew of effeminate leftists.
The similarity of the Lawfare behavioral proclivities is an outcome of their tribal synchronicity. Much like the McClintock or Wellesley effect, when you isolate Lawfare individuals into a small tribe, their collective behaviors replicate.
This crew of Brookings funded Lawfare ideologues was also described by Christine Blasey-Ford as her “Beach Friends.” Since leaving official government positions, the key trio of leadership congregate professionally on MSNBC and feed the leftists in media and politics from their primary cable outlet.
I noted, during a recent flight filled with DC bureaucrats and IC officials (United Airlines), how they all watched MSNBC on their seat monitors as if it was a religious service that needed to be attended. It really was a sight to see. Every bureaucrat, active or retired, seated with their laptop under the headrest monitor while typing, texting and DM’ing in unison like synchronized swimmers.
That experience was the first time I realized how the term “NPC’s” or non-Player Characters might have originated as a meme, but the label was eerily accurate.
FBI HQ left, Main Justice building right
The alarming aspect to the tribal Lawfare approach, is to realize how this essentially very small group of former DOJ-NSD lawyers commands such an oversized influence on our national politics.
In reality, this crew is likely less than 20 full-time characters with about a half-dozen lawyers used as spokespeople. Essentially, the public voice to keep the hardcore leftists on the optimal message. However, this group also writes the legal strategies for all of the attack approaches used in Atlanta, Georgia (Fani Willis), New York (Alvin Bragg) and DC/FL with Special Counsel Jack Smith.
Within Main Justice, it is Deputy AG Lisa Monaco who takes the Lawfare instructions from the outside group and funnels them back into actionable work within the DOJ (ie to Jack Smith). It’s a similar process as to how the inside and outside group coordinated and used Robert Mueller.
Andrew Weissmann, Mary McCord and Norm Eisen (with occasional guests), can be seen daily watching very closely how their legal briefs, citations and structured legal motions are being used. Yes, it is their written words, their legal briefs, and their filings that are signed by the government officials and submitted into multiple judicial venues.
♦ Well, that’s who they are…. So, we cannot say we don’t know the exact names of the people at the epicenter of the operation, and you do not need to read the proverbial overuse of the word “they” without knowing exactly who they are.
With the Supreme Court ruling yesterday on presidential immunity, the Lawfare group is absolutely apoplectic and fraught with anxiety about it.
Why?
Why this much extreme vitriol?
The answer is very simple. Andrew Weissmann speaks about the exact reason in this soundbite. Listen at the 01:37 point, when Weissmann says the ruling now puts the President in charge of the DOJ-NSD. THAT reality is beyond alarming to a group who have lived in a world where they were untouchable. WATCH:
What exactly is the background here?
This is where CTH readers are miles ahead, at least a year ahead, of where the reality of this story will eventually end up. Andrew Weissmann is concerned because the Supreme Court just put the DOJ-NSD back into a box where they are accountable within the Executive Branch.
Remember, Barack Obama and Eric Holder created the DOJ-NSD using the authorities granted to the administrative state by the bureaucracy following 9/11. Specifically, because the Dept of Homeland Security (DHS) was created, and within that dynamic the Office of the Director of National Intelligence (DNI) was established. DHS would now be the weaponized umbrella organization, and the power granted to the DNI would establish the need for the DOJ-NSD.
In the era shortly after 9/11, the DC national security apparatus was constructed to preserve continuity of government and simultaneously view all Americans as potential threats. The Department of Homeland Security (DHS) and the Office of the Director of National Intelligence (ODNI) were created specifically for this purpose.
What Barack Obama and Eric Holder did with that new construct was refine the internal targeting mechanisms, so that only their ideological opposition became the target of the new national security system. This is very important to understand as you dig deeper.
Washington DC created the modern national security apparatus immediately and hurriedly after 9/11/01. DHS came along in 2002, and within the Intelligence Reform and Terrorism Prevention Act of 2004 the ODNI was formed. When Barack Obama and Eric Holder arrived a few years later, those newly formed institutions were viewed as opportunities to create a very specific national security apparatus that would focus almost exclusively against their political opposition.
Eric Holder created the DOJ-National Security Division for exactly the purpose of weaponizing the DOJ to target their political opposition. This is what the DOJ-NSD does under the auspices of “National Security.” The FARA violation monitoring is one of the more well-known operations within the DOJ-NSD, and from that construct you find the original justification for the NSA database monitoring.
The surveillance of Americans shifted around the roles and responsibilities within Main Justice after the DOJ-NSD was created. The National Security Division took over Foreign Agent Registration Act monitoring as well as FISA. Both FARA and FISA required some form of downstream surveillance within the authority of the NSD.
The FBI counterintelligence division became the investigative offshoot to assist the NSD, and due to the tightrope of legal compliance issues, lawyers from the NSD were dispatched into the FBI to give legal assistance on the surveillance side. This is how NSD lawyers like Lisa Page, Tashina Guahar and Kevin Clinesmith end up encircling FBI officials like Peter Strzok and Andrew McCabe.
Within this newly created DOJ-NSD, there was no inspector general oversight, so the internal officials were unaccountable, had no reason to worry about anyone looking at them, and they were generally running amok. In 2015 the Office of the DOJ Inspector General requested oversight, and it was Deputy AG Sally Yates who responded with a lengthy 58-page legal explanation saying, essentially, ‘nope – not allowed.’ (PDF HERE) All of the DOJ is subject to oversight, except the NSD.
We discover just how ridiculous and partisan the NSD became through the outcomes of the Hillary Clinton investigation. The Clinton investigation was operated by the FBI and the unaccountable DOJ-NSD.
Yesterday, in a stunning opinion that destabilized the Lawfare ideologues, the Supreme Court affirmed the Unitary Executive principle around the constitution.
The 6-3 opinion held that the President is “a person alone who comprises a branch of government.” This is important to understand. The Executive Branch is the President.
As noted by reader Alex1689: […] Read the SCOTUS opinion, not from a point of view of apprehension about President Trump (he’ll be fine), but from the point of view of what does this allow him to do in his second term, and what straightjackets does it remove that were a threat during his first term?
To start, the court wrote about powers that carry with them core, absolute immunity, the exercise of which cannot come under question in any forum. It specifically identified:
Pardons
Recognition of foreign governments
Removal of executive branch officials.
If it can’t be questioned . . . It also cannot be the grounds for impeachment, can it?
Let’s repeat: If it’s a core power, the exercise of the core power cannot be grounds for impeachment (*except if done in connection with taking a bribe).
In his first term, there was the threat that if President Trump fired . . .
Rosenstein Barr Fauci
That he would be prosecuted for obstruction of justice or impeached.
That threat is forever off the table now.
He can fire anyone he likes in the executive branch. The straightjacket is gone.
On that point, further, the majority opinion uses strong language consistent with the Unitary Executive theory of the Constitution. The President is “a person alone who comprises a branch of government.”
While there are areas of shared constitutional responsibility, the core powers of the Executive Branch, including personnel, are the President’s alone.
While impeachment is a political process within the Legislative Branch, and the Supreme Court is extremely hesitant to overstep their role therein, they did put this sentiment clearly into the opinion about immunity: …“The President is not above the law. But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution.”…
Congress may not criminalize the conduct of the President simply for carrying out his core executive branch duties. Removal of Executive Branch officials is a core duty, an official act, carrying absolute immunity.
That newly affirmed reality is exactly why Andrew Weissmann and the Lawfare crowd are very alarmed.
Posted originally on the CTH on May 25, 2024 | Sundance
After it was revealed that Attorney General Merrick Garland, the FBI and DOJ added language to their search warrant permitting the FBI to use deadly force against President Trump and/or his security detail during the FBI raid on Mar-a-Lago, President Trump responded with shock.
Special Counsel Jack Smith filed a motion to amend the bail conditions for President Trump on Friday night. Prosecutor Smith wants Judge Cannon to forbid President Trump from talking about the FBI agents who conducted the armed raid and used the search warrant. [PDF Court Motion Here]
There is a profound irony in Jack Smith seeking to block President Trump from talking about the FBI conduct, as the former president’s remarks might create “misleading impressions” about the details of the raid. The DOJ and FBI have been leaking “misleading impressions” to the media for almost 9 years about the FBI operation investigation of Donald Trump.
For nine years, more than 40 highly political assigned FBI agents have been fabricating stories and leaking them to the media; yet, it is President Trump who the DOJ worries might create “misleading impressions.” The issue would be farcical if the lying FBI topic was not so serious.
I mean seriously, think about it. There was never any merit, not even a scintilla of plausible merit, to the FBI baseline that Donald J. Trump was colluding with Russians to win the 2016 election. There was ZERO evidence of any type of coordination, collusion or creation of any assistance by Trump officials and any Russian people about manipulating the election. However, despite that reality, more than 40 FBI agents worked on the case(s), first with Crossfire Hurricane then with Robert Mueller for over 4 years.
[From the Mueller Report]
40 FBI agents worked a case they knew was total nonsense.
FORTY FBI AGENTS.
That’s FORTY people inside the FBI investigating something they knew was nonsense, because most of what they were investigating was fabricated by FBI agents…..
….. And Jack Smith is worried that President Trump might create a “misleading impression” by talking publicly about the behavior of those agents. ?!?!
Sometimes you just have to stand back, get away from the granular stupidity of it all, and see the insufferable nonsense for what it is.
Eliminate the Dept of Homeland Security (DHS)
Eliminate the Transportation Safety Administration (TSA)
Repeal the Patriot Act
Stop gathering and storing the private electronic records of Americans
Posted originally on Feb 8, 2024 By Martin Armstrong
There is rising speculation over whether prosecutors in Donald Trump’s classified documents case, Jack Smith, will attempt to have presiding Judge Aileen Cannon recused (removed) from the trial after she granted the defense access to certain unredacted classified papers. Smith wants to deny Trump any knowledge of who will testify against him. This is typical of an unethical prosecutor who manipulates judges and courts to ensure they always win and keep the highest conviction rate in the world, along with the 500% greater chance you will go to prison in the USA rather than China.
In my case, after Republic National Bank pled guilty with a deal to return all the money they stole and make all my clients whole with the promise nobody in the bank would ever go to prison, as always in New York, I filed a motion before Judge McKenna which was to compel the government to explain what were the charges since in a reverse proffer session they finally admitted I stole no money. I represented myself because they had taken my lawyers away with another parallel civil court. I filed this motion to compel the government to explain just the theory of the case. They argued this was a pro se brief, and the court could not expect them to answer because I did not know the law to defend myself. I then moved to dismiss the case since if I did not know the law to defend myself; then I could not have knowingly violated the law. Judge McKenna smiled and asked the government if they would not answer my motion now.
Since they had no answer, they went to the Chief Judge, had my case removed from Judge McKenna, and reassigned it to Judge Keenan, who instantly denied that motion. This is how these prosecutors act. The Constitution, law, due process, nothing matters to them. They MUST retain their perfect conviction rate. Jack Smith is now widely expected to pull the same maneuver. We will see if the Florida Federal Court is as corrupt as New York. Just for the record, they should have made a motion to recuse before Judge McKenna, to which I should have had the due process right to object. That was denied by the back-room deal with the Chief Judge, and then, as you can see, they sealed the records, so I cannot even see how they removed the judge.
Judge Keenan, a former prosecutor, should also have had a hearing to allow me to object to this back-room deal – he did not. The bankers told the government I had to be shut down because they were losing money in their manipulations. I had forecast that Russia would collapse in June 1998 within about 30 days. That was the collapse of the Long-Term Capital Management.
Even Edmond Safra, the owner of Republic National Bank, lost over $1 billion, so I believe he stole the funds from me and told the government he had no idea where the money was. All you had to do was go down the list of all the big players who lost billions, for they assumed if they ganged up together, they could manipulate the world. Just look at who had all loses on the same trade, and that is the evidence that they are “the club,” as I call it; they do not compete against each other but join together. If they were manufacturing cars, they would be charged under the Sherman Anti-Trust Act statutes and broken up like AT&T, etc.
When I asked a NY Lawyer why bankers are never charged? He said: “You don’t shit where you eat.“The prosecutors were so bought that no rational person would ever believe $1 billion left a bank, and they had no idea where it was. There would be a wire transfer, a check written – something! There was nothing. They could not be that stupid. This was all about shutting down my First Amendment rights and stopping the forecasting.
It became obvious when Judge Keenan dared to publicly claim I stole the idea for the ECM from the 1998 Movie Pi. They could care less about even facts when they alleged I was dealing in Japan back in 1992. I suppose I used a time machine as well. It was the forecasting they were desperately trying to discredit at all costs to support the bankers manipulating the markets and blowing up the world economy every time.
The Southern District of NY court is beyond all hope – it’s too corrupt. Judges commit felonies all the time, and they alter the transcripts, changing the very words spoken in court. The Second Circuit Court of Appeals dared to claim they lacked the power to order judges to obey the law – see US v ZICHETTELLO id/97. I argued since time means nothing and they can change the words spoken in court, they might as well say I confessed to killing JFK while they were at it and just order the death penalty since trials are a nuisance anyway. Stalin executed Kondratieff because he said there was a cycle and communism would collapse as well. He was taken from court when they ran out of reasons to imprison him and just shot him in the parking lot.
Trump does not stand a chance of winning in New York City. I have never seen the courts there EVER provide a fair trial to anyone! There is a higher probability that it will snow in Hell before Trump ever gets a fair trial in New York City. We are NOW about to see if the Florida courts are as corrupt as New York. Jack Smith will try a backroom deal and say the President needs this. Tuesday, Judge Cannon ruled in favor of Trump, stating the filing from Jack Smith:
“fails to identify the information at issue, provide any explanation about the nature of the investigation, or explain how disclosure of the code name would prejudice or jeopardize the integrity of the separate investigation (assuming it remains ongoing).“
With each passing day, this corruption is becoming so bad that the only solution becomes separation of the United States, particularly in light of the Biden Administration seeking a total dictatorship over Texas, tearing up the constitution and nullifying all State’s rights, which the Founding Fathers swore that day would NEVER come – see Federalist #46.
Without the Rule of Law – Civilization Cannot Exist.
The worst kid you ever knew in high school becomes a prosecutor.
Posted originally on the CTH on January 16, 2024 | Sundance
In a 14-page opinion and ruling today [SEE pdf HERE] four judges from the DC Circuit Court of Appeals deconstruct the previous ruling from their own court as well as the DC judge beneath them that gave Special Counsel Jack Smith access to President Trump Twitter account data and then enforced a non-disclosure order.
There are multiple layers to this story, but the substantive part is the scheme and the construct of how the Lawfare took place. There’s no way this was coincidental; I’ll explain why.
First, there are only 7 members on the full DC Circuit Court of Appeals. When the Twitter case to gain access to President Trump communication came to the appellate level, somehow all three of the most left-wing judges were assigned to hear the appeal.
An “en banc” review would have included the full 7 members. However, that review was made moot by the release of the information (a result of the appellate decision). The release itself was done with the use of a non-disclosure order, hiding the ruling in secrecy and keeping President Trump from knowing about it. Once the other four members of the DC CCA eventually found out about the case and the ramifications for ‘executive privilege’ their opinion lambasting their own court is released.
As noted from the panel, “the court here permitted a special prosecutor to avoid even the assertion of executive privilege by allowing a warrant for presidential communications from a third party and then imposing a nondisclosure order.”
The Circuit Court justices note that Jack Smith could have gone to the National Archives for the information as they held the same set of documents and information. However, Smith didn’t want to go that route because the National Archives would inform President Trump as customary and provide him the ability to assert executive privilege over any of the 32 Direct Messages requested.
Jack Smith didn’t want President Trump to know the prosecution was looking through his Twitter metadata and personal communication, so they went to district court under seal to file their search warrants in secrecy; then banning Twitter (the third party) from telling President Trump about it. The four justices from the DC Circuit Court of Appeals are furious the other three members of the court went along with this precedent setting usurpation of authority.
President Trump could not appeal any part of this process because he was unaware it was taking place. In essence, a star-chamber of secrecy was established and the majority on DC Circuit Court of Appeals is not happy about it.
Jack Smith gained access after Twitter lost the 3-judge Circuit Court appeal decision. So, an en banc full 7-member ruling is essentially moot. The information was released, and Smith had access without President Trump or the White House having any option to assert privilege.
…”While a Twitter account primarily consists of public tweets, it may also include some private material, such as direct messages between users, drafts, and personal metadata. In fact, the material produced by Twitter included several dozen direct messages written by a sitting President. The district court afforded no opportunity for the former President to invoke executive privilege before disclosure, and this court made no mention of the privilege concerns entangled in a third-party search of a President’s social media account. This approach directly contravenes the principles and procedures long used to adjudicate claims of executive privilege.” [pdf HERE]
The ruling provides no remedy other than public scrutiny and perhaps fuel for Florida Judge Aileen Cannon who already has Special Counsel Jack Smith on his heels after several rulings in the Mar-a-Lago documents case.
What the publicity does is highlight to the world just how politically motivated all of this aforementioned action really is. Lastly, what are the odds of the random 3-judge panel to approve it. Even the DC Circuit Court itself seems to imply this was a structured outcome, which is even more infuriating to the majority within the court.
Posted originally on the CTH on November 29, 2023 | Sundance
In response to a media lawsuit for information being withheld by the DOJ, a heavily redacted search warrant was revealed {SEE pdf HERE}. Within the warrant issued to Twitter-Xcorp, Special Counsel Jack Smith demanded the information on every account that engaged with the Donald Trump Twitter account.
The ridiculously overbroad warrant and demand for information, was initially fought by Twitter; however, it appears the courts ultimately demanded compliance and Twitter acquiesced. That is a stunning amount of information included in the search warrant.
(New York Post) – Special counsel Jack Smith’s comprehensive search warrant for information related to former President Donald Trump’s Twitter account sought the 2024 Republican presidential primary front-runner’s search history, drafted tweets, blocks and mutes.
The special counsel also demanded a list of all devices used to log into the account and information on users interacting with Trump, heavily redacted court filings show.
The search warrant, issued in January against the company now known as X, was among several documents released by the Justice Department Monday as part of a lawsuit brought by media organizations seeking sunlight on the special counsel’s investigation into Trump’s actions leading up to the Jan. 6, 2021, riot at the US Capitol.
The filings shed some light on what investigators were looking for when they issued the warrant against the social media company owned by Elon Musk. (read more)
While the release of the warrant is initially surprising, it should not come as a great surprise to know the Biden government wants to generate a list of what they would consider subversives to the interests of the state.
Previously, the Obama/Biden administration, through the DOJ, used the IRS to assemble a list of people and entities against their interests. Once that revelation came to light, as a result of a whistleblower, the Obama/Biden administration then began a process of using the NSA database to monitor political opposition. Ultimately, that led to the targeting of candidate Donald Trump in 2016 and the later targeting of President Trump after his inauguration.
The Jack Smith effort is simply a continuation of a very dystopian DOJ effort.
Posted originally on the CTH on October 26, 2023 | Sundance
At this point, I am writing this for a whole bunch of people, and it’s ridiculous.
(1) – No, Mark Meadows never told Jack Smith that President Trump didn’t declassify records. That was the Lawfare leak to ABC News in August – intended to dilute the defense of declassification in the Mar-a-Lago documents case. It was made up by Jack Smith, and leaked to ABC for a specific purpose.
(2) – No, Mark Meadows never told the DC grand jury (under immunity) that he informed President Trump that Joe Biden’s election was legitimate. Again, that was a Lawfare leak to ABC News this week – intended to undermine President Trump’s DC defense (mens rea, know it) that Trump’s state of mind was such that he knew he was violating the law by saying the election was stolen. This story was made up by Jack Smith and leaked to ABC for a similar specific purpose.
In reality, Meadows was questioned under oath, during the grand jury, and asked if Joe Biden was the legitimate President. Meadows responded (encapsulated), “Well, he’s president isn’t he”? The rest is a manufactured narrative.
(3) – No, Mark Meadows never wore a wire as a confidential informant while he was President Trump’s Chief of Staff. Again, yet another Lawfare fabrication to the alt-right media, via layers of plausible deniability – intended to get President Trump to attack Mark Meadows and provide fuel for Jack Smith to request the reinitiation of a currently suspended gag order against President Trump. The ABSURD story is pure Lawfare bait. The absurdity of the story is why even ABC News couldn’t be used.
And right on cue….
(NYP) – Special Counsel Jack Smith has implored a judge to revive the partial gag order in the federal election interference case against Donald Trump — citing the ex-president’s “threatening” social media posts about former White House chief of staff Mark Meadows.
Smith’s team argued in a filing late Wednesday that Trump, 77, is capitalizing on a stay in the gag order “to send an unmistakable message to a foreseeable witness in this case… with knowledge that it would reach him.” (read more)
Learn how the Lawfare game is played…. Every leak has a purpose.
Trust me, even allied idiots do not know when they are getting played as part of a long-term operation. Allow me to give you a familiar visual aid:
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In this latest example, Ryan Fournier – a supposed Trump ally – is pushing the outlandish Mark Meadows wearing a wire story, without even thinking about the stupidity of it.
Jack Smith knows Mark Meadows is a weasel, a creepy and pure swamp creature. Personally, I cannot stand Mark Meadows, and I know his exact character. Meadows is a fabricator, an exaggerator of his own importance, and a person of weak fortitude when it comes to aggressive attention upon him. Meadows is a cross between a weasel and a jellyfish.
However, that said, it is the weak nature of Meadows…. and President Trump’s prior knowledge of Meadows’ untrustworthiness and weakness, that makes Meadows of specific value to the Machiavellian Lawfare constructs of Jack Smith.
Lawfare!
Learn it!
Capiche?
…. And in this example, fuel the court to do what the judge already wants to do, Gag Trump!
We have a MAJOR problem with this special counsel, Jack Smith. He sought a gag order to prevent Trump from criticizing President Biden. That had absolutely NOTHING to do with his criminal case. As Epoch Times has pointed out, Smith charged Trump and used grand juries from Washington because 60%+ have responded that they would find Trump guilty before hearing any evidence.
District of Columbia County, DC, is so LEFT that it would fail a drug driving test and be unable to walk a straight line. In the District of Columbia County, DC, 92.1% voted Democrat in the last presidential election, 5.4% voted for the Republican Party, and the remaining 2.5% voted Independent. There is absolutely no way anything Trump says would influence the jury pool in a city that is so un-American because it lives off the graft of Washington.
Asking for a gag order to stop Trump from criticizing Joe Biden directly proves that this guy belongs in prison and should be removed as Special Counsel. He has violated everyone’s civil rights, and a class action suit against him and the Justice Department should be filed instantly. This has NOTHING to do with January 6th but with the 2024 election. In New York, that prosecutor is unworthy of having any license to practice law whatsoever. She has moved to strip Trump of business licenses in New York. He should sell everything and get the hell out of the most corrupt state in the Union. That was selective prosecution, for anyone who borrows money will always list their assets at the top of valuation. Under her theory, you could shut down virtually every company with loans in New York. She looks the other way regarding the bankers who have disrupted the economy numerous times.
Under 18 USC 594, Smith is now guilty. Attempting to interfere is still a violation. He has conspired with others in Washington to interfere in the 2024 election. These people are insane. NOBODY will believe the 2024 election results. This will be the last nail in the coffin of the United States.
There is no possible way these Republics will survive. Already, Brazil and Argentina looked at what the US is doing to Trump and said that’s a good idea. They are using criminal law to stop political opponents.
2024 will be the catalyst that turns even those on the fence about the integrity of government. This is why they are bringing in digital IDs and will impose travel restrictions based on your political views. Governments have become so corrupt that instead of reform, they will knuckle down and try an authoritarian approach to sustain their power.
It gives me no pleasure to warn that our computer has been projecting chaos post-2024. All governments start out being benevolent. But because our Founding Fathers failed to impose term limits, we ended up with career politicians who spend their lives there, and thus, they no longer see themselves as part of We the People. Unfortunately, our children and grandchildren will never know how great it was growing up in the 1950s and 1960s. The world they will face is now obsessed with how you think and if you are LEFT v RIGHT.
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This is a library of News Events not reported by the Main Stream Media documenting & connecting the dots on How the Obama Marxist Liberal agenda is destroying America
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