DOJ Admits FBI Never Saw Crowdstrike Report on DNC Russian Hacking Claim…


The foundation for the Russian election interference narrative is built on the claim of Russians hacking the servers of the Democrat National Committee (DNC), and subsequently releasing damaging emails that showed the DNC worked to help Hillary Clinton and eliminate Bernie Sanders.

Despite the Russian ‘hacking’ claim the DOJ previously admitted the DNC would not let FBI investigators review the DNC server.  Instead the DNC provided the FBI with analysis of a technical review done through a cyber-security contract with Crowdstrike.

The narrative around the DNC hack claim was always sketchy; many people believe the DNC email data was downloaded onto a flash drive and leaked.  In a court filing (full pdf below) the scale of sketchy has increased exponentially.

Suspecting they could prove the Russian hacking claim was false, lawyers representing Roger Stone requested the full Crowdstrike report on the DNC hack.  When the DOJ responded to the Stone motion they made a rather significant admission.  Not only did the FBI not review the DNC server, the FBI/DOJ never even saw the Crowdstrike report.

Yes, that is correct.  The FBI and DOJ were only allowed to see a “draft” report prepared by Crowdstrike, and that report was redacted… and that redacted draft is the “last version of the report produced”; meaning, there are no unredacted & final versions.

Whiskey-Tango-Foxtrot!

This means the FBI and DOJ, and all of the downstream claims by the intelligence apparatus; including the December 2016 Joint Analysis Report and January 2017 Intelligence Community Assessment, all the way to the Weissmann/Mueller report and the continued claims therein; were based on the official intelligence agencies of the U.S. government and the U.S. Department of Justice taking the word of a hired contractor for the Democrat party….. despite their inability to examine the server and/or actually see an unredacted technical forensic report from the investigating contractor.

The entire apparatus of the U.S. government just took their word for it…

…and used the claim therein as an official position….

…which led to a subsequent government claim, in court, of absolute certainty that Russia hacked the DNC.

Think about that for a few minutes.

The full intelligence apparatus of the United States government is relying on a report they have never even been allowed to see or confirm; that was created by a paid contractor for a political victim that would not allow the FBI to investigate their claim.

The DNC server issue is foundation, and cornerstone, of the U.S. government’s position on “Russia hacking” and the election interference narrative; and that narrative is based on zero factual evidence to affirm the U.S. government’s position.

…”the government does not need to prove at the defendant’s trial that the Russians hacked the DNC”… (pg 3)

Ridiculous.

You couldn’t make this nonsense up if you tried…

Here’s the full filing (h/t Techno Fog) :

.

 

What Comes After Trump is What We Need to be Concerned About


QUESTION: You said you are worried about what comes after Trump you mean after the next four years right? There is no way Trump can lose this election right?

Thank You

S

ANSWER: My concern is not a specific time, but who could possibly replace him as a person. There is nobody I know of who would step up against the bureaucracy. This means that the stronger likelihood would be a career politician. I fear that the public discontent will not accept that, and then we have this intense battle going on between left and right.

Even a Trump victory in 2020 will still result in civil unrest or if he were to lose (which the system does not favor just yet) we will see the same result. It just appears that in 2020 into 2022, no one will accept whoever wins.

FBI reveals Uranium One investigation informant


Fox Business

Published on Nov 16, 2017
Fox News national security strategist Sebastian Gorka on the FBI informant regarding Uranium One deal

 

Guilty Until Proven Innocent: Mueller Upends Rule of Law, In Final Appearance—Sidney Powell


When special counsel Robert Mueller formally closed the Russia investigation on May 29th, he opened the door to wide-ranging speculation as to the intent behind his statement. In the eyes of Former Texas Prosecutor Sidney Powell, Mueller’s words stood the rule of law and the presumption of innocence on their heads. This is American Thought Leaders, and I’m Jan Jekielek. Today we sit down with Sidney Powell, who is the author of LICENSED TO LIE: Exposing Corruption in the Department of Justice. She was lead counsel in more than 500 appeals in the Fifth Circuit, and she’s is ranked by her Texas peers as a “Super Lawyer.” We discuss the implications of Special Counsel Mueller’s May 29 press conference, the recent DOJ decision to not prosecute a serial leaker, corruption in the DOJ in general, and what can be done to correct it. More related ATL Videos: Declassification May Help Reveal Deep Obama-Era Corruption—Tom Fitton, Judicial Watch: https://youtu.be/USpa_aAP6sU Carter Page: Spygate, FISA Warrants, Mueller Investigation, “Trump Movement,” & Declassification: https://youtu.be/rWmHH544RTw Lara Trump On Being a Trump in the Era of Fake News, Women’s Vote, Socialism, Border & 2020 Strategy: https://youtu.be/hYsyxwrUl6E Victor Davis Hanson: Mueller Probe Could Backfire on Those Who Fabricated Russia-Collusion Narrative: https://youtu.be/gn9q7JEscqY Michael Anton: FISA Spying, Mueller Report and Barr Hearing Vindicate “Flight 93 Election” Essay: https://youtu.be/SAHy51O0dVg Larry Elder Talks Mueller Report, Jussie Smollett & Most Credible 2020 Democratic Candidate: https://youtu.be/CRNlhtX-V7g Russia Collusion Peddlers Will Turn on Each Other—Trump 2020 Adviser Steven Rogers: https://youtu.be/QyHzXWI6plM Tom Fitton: Spygate “The Worst Corruption Scandal in American History”: https://youtu.be/Z4IDSTrSvXE Rep. Louie Gohmert: Why We Need to Investigate the FISA Process: https://youtu.be/V5LqhIun-s8 Jasper Fakkert: Conclusion of Mueller Russia Collusion Probe Confirms Epoch Times’ Reporting: https://youtu.be/vL2Kj-Qk3hE Jason Meister: Trump Campaign Adviser Calls for Investigation Into Origins of Russia Collusion Narrative: https://youtu.be/sR41OmbwL4I

 

The “Secret Research Project” – an IRS List, an NSA Database, and Resulting “Files” on Americans…


A carefully redacted footnote within a report by FISA Court Presiding Judge Rosemary Collyer has always appeared to be a clue to a domestic surveillance program.  Now details behind the redactions tell a concerning story.

A brief refresher is needed for those new to the story. In April 2017 Judge Collyer wrote a highly critical FISA Court opinion following discoveries by Director Admiral Rogers of government contractors accessing the NSA database, and extracting illegal search results from the electronic records of every American.

The scale of abuse was incredible [SEE HERE] and the surveillance issues had been covered up for years.  Collyer cited the Obama administration as having “an institutional lack of candor” in their responses to her and the FISA court.  The judge focused her criticism after a review of the period 2012 through April 2016.

Using the non-compliant admissions by NSA Director Mike Rogers and the results of the compliance audit, Judge Collyer used the period of November 2015 through April 2016 to gauge the scale of abuse at 85 percent. Eighty-five percent of all database search queries were unlawful, and she extended her analysis to say:

“while the government reports it is unable to provide a reliable estimate of [these non lawful searches] since 2012, there is no apparent reason to believe the November 2015 [to] April 2016 period coincided with an unusually high error rate”.

Also this very important:

“many of these non-compliant queries involved the use of the same identifiers over different date ranges.”

Eight-five percent of all use/extraction of the NSA database was unlawful; and they were searching many of the same Americans (“identifier”), repeatedly, over different dates. This means specific Americans were being targeted, tracked and monitored… unlawfully.

Within the 99-page opinion from Judge Rosemary Collyer  she noted none of this FISA-702 database abuse was accidental. In a key footnote on page 87: Collyer outlined the years of unlawful violations was the result of “deliberate decisionmaking“:

This specific footnote, is key to peeling back the onion.

Note the phrase: “([redacted] access to FBI systems was the subject of an interagency memorandum of understanding entered into [redacted])”.  This sentence exposes an internal decision; withheld from congress and the FISA court by the Obama administration; and outlines a process for access and distribution of surveillance data. Note: “no notice of this practice was given to the FISC until 2016“.

We feel confident we’ve now found the source of the “memorandum of understanding” that lies at the heart of the issue [Raw Doc Guidelines].

In March 2012 the Obama administration through Attorney General Eric Holder made changes to the exploitation of intelligence databases as noted in this Wall Street Journal article later in the year:

(December 2012 – WSJ) Top U.S. intelligence officials gathered in the White House Situation Room in March to debate a controversial proposal. Counterterrorism officials wanted to create a government dragnet, sweeping up millions of records about U.S. citizens—even people suspected of no crime.

Not everyone was on board. “This is a sea change in the way that the government interacts with the general public,” Mary Ellen Callahan, chief privacy officer of the Department of Homeland Security, argued in the meeting, according to people familiar with the discussions.

A week later, the attorney general signed the changes into effect.

The rules now allow the little-known National Counterterrorism Center to examine the government files of U.S. citizens for possible criminal behavior, even if there is no reason to suspect them. That is a departure from past practice, which barred the agency from storing information about ordinary Americans unless a person was a terror suspect or related to an investigation.

Now, NCTC can copy entire government databases—flight records, casino-employee lists, the names of Americans hosting foreign-exchange students and many others. The agency has new authority to keep data about innocent U.S. citizens for up to five years, and to analyze it for suspicious patterns of behavior. Previously, both were prohibited. Data about Americans “reasonably believed to constitute terrorism information” may be permanently retained.

The changes also allow databases of U.S. civilian information to be given to foreign governments for analysis of their own. In effect, U.S. and foreign governments would be using the information to look for clues that people might commit future crimes.  (more)

The 2012 changes, instituted by Eric Holder, permitted files of specific Americans to be generated under the auspices of potential terror threats.  The NSA databases could be exploited by the National Counterterrorism Center to extract content that would be contained within these files on targeted Americans.

Keep in mind this is early 2012, John Brennan is Deputy National Security Advisor and Asst. to President Obama for Homeland Security.

When Attorney General Eric Holder empowered the National Counterterrorism Center with this new authority, the office assigned to the data-collection was the Terrorist Threat Integration Center (TTIC).  The founder of the TTIC was John Brennan:

On 1 May 2003, the Terrorist Threat Integration Center (TTIC) opened its doors. Led by its first Director, John Brennan, TTIC filled its ranks with approximately three dozen detailees from across the US Government (USG) and was mandated to integrate CT capabilities and missions across the government. (link)

Also note the date of this DOJ Memorandum is March 2012:

Under the new rules issued in March, the National Counterterrorism Center, known as NCTC, can obtain almost any database the government collects that it says is “reasonably believed” to contain “terrorism information.”  (link)

The March 2012 date is right before the IRS scandal hit the headlines.

The IRS targeting scandal is where the term “Secret Research Project” originated as a description from the Obama team. It involved the U.S. Department of Justice under Eric Holder and the FBI under Robert Mueller. It never made sense why Eric Holder requested over 1 million tax records via CD ROM, until overlaying the timeline of the FISA abuse:

The IRS sent the FBI “21 disks constituting a 1.1 million page database of information from 501(c)(4) tax exempt organizations, to the Federal Bureau of Investigation.” The transaction occurred in October 2010 (link)

Why disks? Why send a stack of DISKS to the DOJ and FBI when there’s a pre-existing financial crimes unit within the IRS. All of the evidence within this sketchy operation came directly to the surface in spring 2012.

Here’s how it looks:

♦ In 2010 Eric Holder asked the IRS to send him the records of 501(c) non profit groups and individuals representing conservative voters. [LINK] Lois Lerner sent the DOJ 1.1 million pages of 501(c)(4) tax filing data. Including a very specific set of “33 Schedule B attachment files”. The Schedule B’s were specific to Large Conservative 501(c)(4) groups operating and organized to oppose the agenda of President Obama. The Schedule B’s include the donor lists of specific people and sub-groups attached to the 501(c)(4).

The IRS sent the FBI “21 disks constituting a 1.1 million page database of information from 501(c)(4) tax exempt organizations, to the Federal Bureau of Investigation.” The transaction occurred in October 2010 (link)

♦ In 2012 Eric Holder authorizes the use of government databases to search records of Americans and assemble “files” on potential targets. [Link] “The agency has new authority to keep data about innocent U.S. citizens for up to five years, and to analyze it for suspicious patterns of behavior.”

♦ In the period of 2012 through April 2016, According to FISA Judge Rosemary Collyer, there were tens of thousands of illegal (“non-compliant”) search queries of the NSA database targeting Americans.  The search results were unlawfully “extracted” to unknown entities.  Eighty-five out of every hundred searches were illegal (85% non-compliant rate).

Consider purposeful actions, as a political targeting operation, by weaponizing the systems of government.  Steps:

  • First, identify the targets (IRS Database).
  • Second, research the targets (NSA Database).
  • Third assemble files on the targets (DOJ Authorization).
  • Fourth use the files to leverage/destroy your opposition.

We now have evidence of the first three steps; and my hunch is if we apply hindsight a lot of unusual activity will now make sense.  We have been living inside the fourth step for a few years.  We noticed the consequences… but we only had suspicions, until now.

Fusion GPS was not hired to research Trump, the intelligence community was already doing surveillance and spy operations. The intelligence community needed Fusion GPS to give them a plausible justification for already existing surveillance and spy operations.

Fusion-GPS gave the Obama administration the justification they needed for a FISA warrant with the Steele Dossier. Ultimately that’s why the Steele Dossier is so important; without it, the DOJ and FBI are naked with their surveillance and database abuse.

At 12:15pm on January 20th, 2017, Obama’s outgoing National Security Advisor Susan Rice wrote a memo-to-self.  Many people have called this her “CYA” memo, from the position that Susan Rice was protecting herself from consequences if the scheme against President Trump was discovered.  Here’s the email:

On January 5, following a briefing by IC leadership on Russian hacking during the 2016 Presidential election, President Obama had a brief follow-on conversation with FBI Director Jim Comey and Deputy Attorney General Sally Yates in the Oval Office. Vice President Biden and I were also present.

President Obama began the conversation by stressing his continued commitment to ensuring that every aspect of this issue is handled by the Intelligence and law enforcement communities “by the book“.

The President stressed that he is not asking about, initiating or instructing anything from a law enforcement perspective. He reiterated that our law enforcement team needs to proceed as it normally would by the book.

From a national security perspective, however, President Obama said he wants to be sure that, as we engage with the incoming team, we are mindful to ascertain if there is any reason that we cannot share information fully as it relates to Russia.

[Redacted Classified Section of Unknown length]

The President asked Comey to inform him if anything changes in the next few weeks that should affect how we share classified information with the incoming team. Comey said he would.

Susan Rice ~ (pdf link)

Evidence of Obama Administration Political Surveillance Beginning Mid-2012….


Repost by Request – Considering the upcoming declassification window…between Trump’s state visit in Japan (5/25 – 5/28) and the state visit with the U.K (6/3 – 6/5).

Bucket Five – Intelligence documents that were presented to the Gang of Eight in 2016 that pertain to the FISA application used against U.S. person Carter Page; including all exculpatory intelligence documents that may not have been presented to the FISA Court.  Presumably this would include the recently revealed State Dept Kavalac email; and the FBI transcripts from wiretaps of George Papadopoulos (also listed in Carter Page FISA).

Now that we have significant research files on the 2015 and 2016 political surveillance program; which includes the trail evident within the Weissmann/Mueller report; in combination with the Obama-era DOJ “secret research project” (their words, not mine); we are able to overlay the entire objective and gain a full understanding of how political surveillance was conducted over a period of approximately four to six years.

This is why there’s panic.

Working with a timeline, but also referencing origination material in 2015/2016 – CTH hopes to show how the program operated. This explains an evolution from The IRS Files in 2010 to the FISA Files in 2016.

More importantly, research indicates the modern political exploitation of the NSA database, for weaponized intelligence surveillance of politicians, began mid 2012.

The FISA-702 database extraction process, and utilization of the protections within the smaller intelligence community, was the primary process. We start by reviewing the established record from the 99-page FISC opinion rendered by Presiding Judge Rosemary Collyer on April 26th, 2017; and explain the details within the FISC opinion.

I would strongly urge everyone to read the FISC report (full pdf below) because Judge Collyer outlines how the DOJ, which includes the FBI, had an “institutional lack of candor” in responses to the FISA court. In essence, the Obama administration was continually lying to the court about their activity, and the rate of fourth amendment violations for illegal searches and seizures of U.S. persons’ private information for multiple years.

Unfortunately, due to intelligence terminology Judge Collyer’s brief and ruling is not an easy read for anyone unfamiliar with the FISA processes outlined. The complexity also helps the media avoid discussing, and as a result most Americans have no idea the scale and scope of the issues. So we’ll try to break down the language.

.For the sake of brevity and common understanding CTH will highlight the most pertinent segments showing just how systemic and troublesome the unlawful electronic surveillance was.

Early in 2016 NSA Director Admiral Mike Rogers was alerted of a significant uptick in FISA-702(17) “About” queries using the FBI/NSA database that holds all metadata records on every form of electronic communication.

The NSA compliance officer alerted Admiral Mike Rogers who then initiated a full compliance audit on/around March 9th, 2016, for the period of November 1st, 2015, through May 1st, 2016.

While the audit was ongoing, due to the severity of the results that were identified, Admiral Mike Rogers stopped anyone from using the 702(17) “about query” option, and went to the extraordinary step of blocking all FBI contractor access to the database on April 18, 2016(keep these dates in mind).

Here are some significant segments:

The key takeaway from these first paragraphs is how the search query results were exported from the NSA database to users who were not authorized to see the material. The FBI contractors were conducting searches and then removing, or ‘exporting’, the results. Later on, the FBI said all of the exported material was deleted.

Searching the highly classified NSA database is essentially a function of filling out search boxes to identify the user-initiated search parameter and get a return on the search result.

FISA-702(16) is a search of the system returning a U.S. person (“702”); and the “16” is a check box to initiate a search based on “To and From“. Example, if you put in a date and a phone number and check “16” as the search parameter the user will get the returns on everything “To and From” that identified phone number for the specific date. Calls, texts, contacts etc. Including results for the inbound and outbound contacts.

FISA-702(17) is a search of the system returning a U.S. person (702); and the “17” is a check box to initiate a search based on everything “About” the search qualifier. Example, if you put a date and a phone number and check “17” as the search parameter the user will get the returns of everything about that phone. Calls, texts, contacts, geolocation (or gps results), account information, user, service provider etc. As a result, 702(17) can actually be used to locate where the phone (and user) was located on a specific date or sequentially over a specific period of time which is simply a matter of changing the date parameters.

And that’s just from a phone number.

Search an ip address “about” and read all data into that server; put in an email address and gain everything about that account. Or use the electronic address of a GPS enabled vehicle (about) and you can withdraw more electronic data and monitor in real time. Search a credit card number and get everything about the account including what was purchased, where, when, etc. Search a bank account number, get everything about transactions and electronic records etc. Just about anything and everything can be electronically searched; everything has an electronic ‘identifier’.

The search parameter is only limited by the originating field filled out. Names, places, numbers, addresses, etc. By using the “About” parameter there may be thousands or millions of returns. Imagine if you put “@realdonaldtrump” into the search parameter? You could extract all following accounts who interacted on Twitter, or Facebook etc. You are only limited by your imagination and the scale of the electronic connectivity.

As you can see below, on March 9th, 2016, internal auditors noted the FBI was sharing “raw FISA information, including but not limited to Section 702-acquired information”.

In plain English the raw search returns were being shared with unknown entities without any attempt to “minimize” or redact the results. The person(s) attached to the results were named and obvious. There was no effort to hide their identity or protect their 4th amendment rights of privacy:

But what’s the scale here? This is where the story really lies.

Read this next excerpt carefully.

The operators were searching “U.S Persons”. The review of November 1, 2015, to May 1, 2016, showed “eighty-five percent of those queries” were unlawful or “non compliant”.

85% !! “representing [redacted number]”.

We can tell from the space of the redaction the number of searches were between 1,000 and 9,999 [five digits]. If we take the middle number of 5,000 – that means 4,250 unlawful searches out of 5,000.

The [five digit] amount (more than 1,000, less than 10,000), and 85% error rate, was captured in a six month period.

Also notice this very important quote: “many of these non-compliant queries involved the use of the same identifiers over different date ranges.” So they were searching the same phone number, email address, electronic “identifier”, or people, repeatedly over different dates. Specific people were being tracked/monitored.

Additionally, notice the last quote: “while the government reports it is unable to provide a reliable estimate of” these non lawful searches “since 2012, there is no apparent reason to believe the November 2015 [to] April 2016 coincided with an unusually high error rate”.

That means the 85% unlawful FISA-702(16)(17) database abuse has likely been happening since 2012. (Again, remember that date, 2012) Who was FBI Director? Who was his chief-of-staff? Who was CIA Director? ODNI? etc. Remember, the NSA is inside the Pentagon (Defense Dept) command structure. Who was Defense Secretary? And finally, who wrote and signed-off-on the January 2017 Intelligence Community Assessment?

Tens of thousands of searches over four years (since 2012), and 85% of them are illegal. The results were extracted for?…. (I believe this is all political opposition use; and I’ll explain why momentarily.)

OK, that’s the stunning scale; but who was involved?

Private contractors with access to “raw FISA information that went well beyond what was necessary to respond to FBI’s requests“:

And as noted, the contractor access was finally halted on April 18th, 2016.

[Coincidentally (or not), the wife of Fusion-GPS founder Glenn Simpson, Mary Jacoby, goes to the White House the next day on April 19th, 2016.]

None of this is conspiracy theory.

All of this is laid out inside this 99-page opinion from FISC Presiding Judge Rosemary Collyer who also noted that none of this FISA abuse was accidental in a footnote on page 87: “deliberate decisionmaking“:

This specific footnote, if declassified, would be key.  Note the phrase: “([redacted] access to FBI systems was the subject of an interagency memorandum of understanding entered into [redacted])”, this sentence has the potential to expose an internal decision; withheld from congress and the FISA court by the Obama administration; that outlines a process for access and distribution of surveillance data.

Note: “no notice of this practice was given to the FISC until 2016“, that is important.

Summary of this aspect: The FISA court identified and quantified tens-of-thousands of search queries of the NSA/FBI database using the FISA-702(16)(17) system. The database was repeatedly used by persons with contractor access who unlawfully searched and extracted the raw results without redacting the information and shared it with an unknown number of entities.

The outlined process certainly points toward a political spying and surveillance operation; and we are not the only one to think that’s what this system is being used for.

Back in 2017 when House Intelligence Committee Chairman Devin Nunes was working to reauthorize the FISA legislation, Nunes wrote a letter to ODNI Dan Coats about this specific issue:

SIDEBAR: To solve the issue, well, actually attempt to ensure it never happened again, NSA Director Admiral Mike Rogers eventually took away the “About” query option permanently in 2017. NSA Director Rogers said the abuse was so inherent there was no way to stop it except to remove the process completely. [SEE HERE] Additionally, the NSA database operates as a function of the Pentagon, so the Trump administration went one step further. On his last day as NSA Director Admiral Mike Rogers -together with ODNI Dan Coats- put U.S. cyber-command, the database steward, fully into the U.S. military as a full combatant command. [SEE HERE]

There is little doubt the FISA-702(16)(17) database system was used by Obama-era officials, from 2012 through April 2016, as a way to spy on their political opposition. Quite simply there is no other intellectually honest explanation for the scale and volume of database abuse that was taking place.

When we reconcile what was taking place and who was involved, then the actions of the exact same principle participants take on a jaw-dropping amount of clarity.

All of the action taken by CIA Director Brennan, FBI Director Comey, ODNI Clapper and Defense Secretary Ashton Carter make sense. Including their effort to get NSA Director Mike Rogers fired.

Everything after March 9th, 2016, was done to cover up the weaponization of the FISA database. [Explained Here] Spygate, Russia-Gate, the Steele Dossier, and even the 2017 Intelligence Community Assessment (drawn from the dossier and signed by the above) were needed to create a cover-story and protect themselves from discovery of this four year weaponization, political surveillance and unlawful spying. Even the appointment of Robert Mueller as special counsel makes sense; he was FBI Director when this began.

The beginning decision to use FISA(702) as a domestic surveillance and political spy mechanism appears to have started in/around 2012. Perhaps sometime shortly before the 2012 presidential election and before John Brennan left the White House and moved to CIA. However, there was an earlier version of data assembly that preceded this effort.

Political spying 1.0 was actually the weaponization of the IRS. This is where the term “Secret Research Project” originated as a description from the Obama team. It involved the U.S. Department of Justice under Eric Holder and the FBI under Robert Mueller. It never made sense why Eric Holder requested over 1 million tax records via CD ROM, until overlaying the timeline of the FISA abuse:

The IRS sent the FBI “21 disks constituting a 1.1 million page database of information from 501(c)(4) tax exempt organizations, to the Federal Bureau of Investigation.” The transaction occurred in October 2010 (link)

Why disks? Why send a stack of DISKS to the DOJ and FBI when there’s a pre-existing financial crimes unit within the IRS. All of the evidence within this sketchy operation came directly to the surface in early spring 2012.

The IRS scandal was never really about the IRS, it was always about the DOJ asking the IRS for the database of information. That is why it was transparently a conflict when the same DOJ was tasked with investigating the DOJ/IRS scandal. Additionally, Obama sent his chief-of-staff Jack Lew to become Treasury Secretary; effectively placing an ally to oversee/cover-up any issues. As Treasury Secretary Lew did just that.

Lesson Learned – It would appear the Obama administration learned a lesson from attempting to gather a large opposition research database operation inside a functioning organization large enough to have some good people that might blow the whistle.

The timeline reflects a few months after realizing the “Secret Research Project” was now worthless (June 2012), they focused more deliberately on a smaller network within the intelligence apparatus and began weaponizing the FBI/NSA database.  If our hunch is correct, that is what will be visible in footnote #69:

How this all comes together in 2019

Fusion GPS was not hired in April 2016 to research Donald Trump. As shown in the evidence provided by the FISC, the intelligence community was already doing surveillance and spy operations. The Obama administration already knew everything about the Trump campaign, and were monitoring everything by exploiting the FISA database.

However, after the NSA alerts in/around March 9th, 2016, and particularly after the April 18th shutdown of contractor access, the Obama intelligence community needed Fusion GPS to create a legal albeit ex post facto justification for the pre-existing surveillance and spy operations. Fusion GPS gave them that justification in the Steele Dossier.

That’s why the FBI small group, which later transitioned into the Mueller team, are so strongly committed to and defending the formation of the Steele Dossier and its dubious content. The Steele Dossier contains the cover-story and justification for the pre-existing surveillance operation.

During a rather innocuous podcast discussion panel April 12th, 2019, one of President Trump’s personal lawyers Jay Sekulow mentioned the FBI had three FISA applications denied by the FISA court in 2016. [Podcast Here – Note comment at 25:05] The denials were always suspected; however, until now no-one in/around the administration has ever confirmed.

If Sekulow is accurate, this adds additional context to the actions of the FBI in the aftermath of Admiral Mike Rogers and an increased urgency in gaining legal justification for surveillance and spy operation unlawfully taking place. A valid FISA warrant would help the FBI cover-up the surveillance. The likely targets were Manafort, Flynn and Papadopoulos…. but it appears the DOJ/FBI were rebuked.

These FISC denials would then initiate institutional panic dependent on the election outcome. An insurance policy would be needed. The Steele Dossier becomes the investigative virus the FBI wanted inside the system. To get the virus into official status, they used the FISA application as the delivery method and injected it into Carter Page. The FBI already knew Carter Page; essentially Carter Page was irrelevant, what they needed was the FISA warrant and the Dossier in the system {Go Deep}.

Fusion GPS was not hired to research Trump, the intelligence community was already doing surveillance and spy operations. The intelligence community needed Fusion GPS to give them a plausible justification for already existing surveillance and spy operations.

Fusion-GPS gave them the justification they needed for a FISA warrant with the Steele Dossier. Ultimately that’s why the Steele Dossier is so important; without it, the DOJ and FBI are naked with their FISA-702 abuse as outlined by John Ratcliffe.

No-one really knows the extent of the current documents and/or information that may be subject to the AG Bill Barr declassification. However, this is the original list as outlined in September 2018, and the agencies who would be involved in the declassification process:

  1. All versions of the Carter Page FISA applications (DOJ) (DoS) (FBI) (ODNI).
  2. All of the Bruce Ohr 302’s filled out by the FBI. (FBI) (ODNI)
  3. All of Bruce Ohr’s emails (FBI) (DOJ) (CIA) (ODNI), and supportive documents and material provided by Bruce Ohr to the FBI. (FBI)
  4. All relevant documents pertaining to the supportive material within the FISA application. (FBI) (DOJ-NSD ) (DoS) (CIA) (DNI) (NSA) (ODNI);
  5. All intelligence documents that were presented to the Gang of Eight in 2016 that pertain to the FISA application used against U.S. person Carter Page; including all exculpatory intelligence documents that may not have been presented to the FISA Court. (CIA) (FBI) (DOJ) (ODNI) (DoS) (NSA)
  6. All unredacted text messages and email content between Lisa Page and Peter Strzok on all devices. (FBI) (DOJ) (DOJ-NSD) (ODNI)
  7. The originating CIA “EC” or two-page electronic communication from former CIA Director John Brennan to FBI Director James Comey that started Operation Crossfire Hurricane in July 2016. (CIA) (FBI) (ODNI)

♦ President Trump can prove the July 31st, 2016, Crossfire Hurricane counterintelligence operation originated from a scheme within the intelligence apparatus by exposing the preceding CIA operation that created the originating “Electronic Communication” memo. Declassify that two-page “EC” document that Brennan gave to Comey.  [The trail is found within the Weissmann report and the use of Alexander Downer – SEE HERE]

♦ Release and declassify all of the Comey memos that document the investigative steps taken by the FBI as an outcome of the operation coordinated by CIA Director John Brennan in early 2016.  [The trail was memorialized by James Comey – SEE HERE]

♦ Reveal the November 2015 through April 2016 FISA-702 search query abuse by declassifying the April 2017 court opinion written by FISC Presiding Judge Rosemary Collyer. Show the FBI contractors behind the 85% fraudulent search queries. [Crowdstrike? Fusion-GPS? Nellie Ohr? Daniel Richman?]  This was a weaponized surveillance and domestic political spying operation. [The trail was laid down in specific detail by Judge Collyer – SEE HERE]

♦ Subpoena former DOJ-NSD (National Security Division) head John Carlin, or haul him in front of a grand jury, and get his testimony about why he hid the abuse from the FISA court in October 2016; why the DOJ-NSD rushed the Carter Page application to beat NSA Director Admiral Mike Rogers to the FISA court; and why Carlin quit immediately thereafter.

♦ Prove the Carter Page FISA application (October 2016) was fraudulent and based on deceptions to the FISA Court. Declassify the entire document, and release the transcripts of those who signed the application(s); and/or depose those who have not yet testified. The creation of the Steele Dossier was the cover-up operation. [SEE HERE]

♦ Release all of the Lisa Page and Peter Strzok text messages without redactions. Let sunlight pour in on the actual conversation(s) that were taking place when Crossfire Hurricane (July ’16) and the FISA Application (Oct ’16) were taking place.  The current redactions were made by the people who weaponized the intelligence system for political surveillance and spy operation.  This is why Page and Strzok texts are redacted!

♦ Release all of Bruce Ohr 302’s, FBI notes from interviews and debriefing sessions, and other relevant documents associated with the interviews of Bruce Ohr and his internal communications. Including exculpatory evidence that Bruce Ohr may have shared with FBI Agent Joseph Pientka. [And get a deposition from this Pientka fella] Bruce Ohr is the courier, carrying information from those outside to those on the inside.

♦ Release the August 2nd, 2017, two-page scope memo provided by DAG Rod Rosenstein to special counsel Robert Mueller to advance the fraudulent Trump investigation, and initiate the more purposeful obstruction of justice investigation. Also Release the October 20th, 2017, second scope memo recently discovered.  The Scope Memos are keys to unlocking the underlying spy/surveillance cover-up. [SEE HERE and SEE HERE]

News in Flynn Case – Documents Released and Judge Sullivan Has Well Founded Suspicions…


Things are going to get interesting in the Michael Flynn sentencing review; not because of the recently release documents [Here – and Here – and Here] but rather because it appears Judge Sullivan suspects what we’ve previously outlined.

In addition to the documents, Judge Sullivan is asking the DOJ to provide the transcript of the 12/29/16 call between Mike Flynn and Ambassador Kislyak.

Why is this important?  Because it appears Judge Sullivan suspects the transcript of the phone call will match statements from Flynn to the FBI.  Ergo Flynn did not lie to the FBI.

Since reviewing the November 30th, 2017, pleading we’ve been pointing out how the FBI admits to intercepting the Flynn-Kislyak call, but the FBI never put a factual transcript in the court record. Why not?

It’s a long, but necessary, story.

On December 29, 2016, President Obama announced a series of sanctions against Russians who were located in Maryland.  This was Obama’s carefully constructed response to provide additional validity to the Joint Analysis Report.  After fueling the Russia conspiracy for several weeks the Obama administration knew this action would initiate a response from both Russia and the incoming Trump administration.

After the December 29, 2016, sanctions against Russia, the Obama IC were monitoring Kislyak communications and watching for contact with the incoming Trump administration.

Additionally, it is suspected Flynn may have been under a FISA surveillance warrant which seems confirmed by the Weissmann/Mueller report. The FBI intercepted, recorded, and later transcribed the conversation.  [Notice how Judge Sullivan says: “and any other audio recordings”; ie he’s suspecting additional surveillance.]

In the January 2017 background, the media were continuing to follow the lead from the Obama White House, and Intelligence Community (writ large), by fueling a narrative that any contact with Russians was proof of collusion of some sort.   In addition, the communications team of the Obama White House, DOJ, FBI and aggregate IC began pushing a narrative surrounding the obscure Logan Act.

The ridiculous Logan Act angle was promoted by Deputy Attorney General Sally Yates, and targeted to infer that any action taken by the Trump campaign prior to taking office was interference with the political Obama Russia action.  Any contact with Russian government officials would be evidence of collusion. That was the plan.  DOJ Deputy AG Sally Yates was in charge of pushing the Logan Act narrative to the media.

The first two weeks of January 2017 was a merging of two necessary narratives: (1) Russian interference; and (2) the Logan Act. Each deployed against any entity who would counter the Russia narrative story.

The media were running this dual narrative 24/7 against the incoming Trump officials and demanding repeated answers to questions that were framed around this story-line.

On January 3rd, 2017, the new congressional year began.  SSCI Vice-Chair Dianne Feinstein abdicated her position within the Gang-of-Eight, and turned over the reigns to Senator Mark Warner.  Warner was now the vice-chair of the SSCI; and a Go8 member.

On January 6th, 2017, the Obama White House published the Intelligence Community Assessment, and declared:

We assess Putin and the Russian Government aspired to help President-elect Trump’s election chances when possible by discrediting Secretary Clinton and publicly contrasting her unfavorably to him. All three agencies agree with this judgment. CIA and FBI have high confidence in this judgment; NSA has moderate confidence.  (pdf link)

It is not coincidental the ICA was “high confidence” by Brennan and Clapper; and less confidence by Mike Rogers (NSA).

With the Flynn Dec. 29, 2016, transcript in hand, the DOJ and FBI began aiding the Logan Act narrative with Obama intelligence officials supporting the Russia Conspiracy claims and decrying anyone who would interfere or counter the official U.S. position.

On January 14th, 2017, the content of the communication between Flynn and Kislyak was leaked to the Washington Post by an unknown entity. Likely the leak came from the FBI’s counterintelligence operation; the same unit previously carrying out the 2016 campaign spying operations. [Andrew McCabe is highly suspected]

The FBI CoIntel group (Strzok, McCabe etc.), and the DOJ-NSD group (Yates, McCord etc.) were the largest stakeholders in the execution of the insurance policy phase because they were the epicenter of spygate, fraudulent FISA presentations and the formation of the Steele Dossier.

The media leak of the Flynn conversation with Kislyak was critical because the DOJ/FBI were pushing a political narrative. This was not about legality per se’, this effort was about establishing the framework for a preexisting investigation, based on a false premise, that would protect the DOJ and FBI.  The investigation they needed to continue evolved into the Mueller special counsel.  This was all insurance.

The Flynn-Kislyak leak led to Vice-President Mike Pence being hammered on January 15th, 2017, during a CBS Face the Nation interview about Trump campaign officials in contact with Russians.  Pence was exceptionally unprepared to answer the questions and allowed the media to blend questions about campaign contacts with necessary, and entirely appropriate, transition team contacts.

Sunday January 15th, 2017 – VP-elect Mike Pence appears on Face The Nation. [Transcript Here]

JOHN DICKERSON: But there’s a distinction between that feeling about the press and legitimate inquiry, as you say, that the Senate Intelligence Committee is doing.

Just to button up one question, did any advisor or anybody in the Trump campaign have any contact with the Russians who were trying to meddle in the election?

MIKE PENCE: Of course not. And I think to suggest that is to give credence to some of these bizarre rumors that have swirled around the candidacy. (link)

*NOTE* The incoming administration was under a false-narrative siege created by the media.  At the time (early Jan, 2017) ‘any contact’ with Russians was evidence of meddling/election-collusion with Russians.  VP-elect Mike Pence poorly answered the question from Dickerson from a very defensive position.

The toxic media environment and Mike Pence speaking poorly during a Face The Nation interview now became a much bigger issue.

Once Vice-President Mike Pence made the statement that Flynn had no contact with anyone from Russia etc. any contradictory statement from Flynn would make Pence appear compromised.  Michael Flynn is now contrast against Pence’s false point without clarification.  As National Security Advisor Flynn was interviewed by the FBI on January 24th, nine days after Pence made his comments.

Tuesday January 24th – Lt. Gen. Mike Flynn was interviewed at the WH by the FBI.

During this ambush interview, disguised as a meeting, FBI Agent Peter Strzok and FBI Agent Joe Pientka were contrasting Vice-President-elect Pence’s statements to CBS against the known action of Mike Flynn.  [Flynn has three options: either (1) Flynn contradicts Pence, or (2) he tells a lie; or (3) Flynn explains Pence misspoke, those were his options.]

How Flynn responded to the line of inquiry, and explained/reconciled the difference between Pence’s statement on Jan 15th and what actually took place on December 29th, 2016, is why the FBI ended up with the initial conclusion that Flynn wasn’t lying.

It is within this dynamic where the FD-302 reports, written by Strzok and Pientka, then became the subject of political manipulation by Asst. FBI Director Andrew McCabe.

The FBI knew the content of the Flynn call with Sergey Kislyak because they were listening in.  The FBI were intercepting those communications.  So when Pence said no-one had any contact on January 15th, the FBI crew IMMEDIATELY knew they had an issue to exploit.

We see the evidence of the FBI knowing they had an issue to exploit, and being very nervous about doing it, in the text messages between Lisa Page and FBI Agent Peter Strzok who would end up doing the questioning of Flynn.

The day before the Flynn interview:

January 23, 2017, the day before the Flynn interview, Lisa Page says: “I can feel my heart beating harder, I’m so stressed about all the ways THIS has the potential to go fully off the rails.” Weird!

♦Strzok replies: “I know. I just talked with John, we’re getting together as soon as I get in to finish that write up for Andy (MCCABE) this morning.” Strzok agrees with Page about being stressed that “THIS” could go off the rails… (Strzok’s meeting w Flynn the next day)

[We’re not sure who “John” is, but we know “Bill” is Bill Priestap, FBI Deputy Director in charge of Counterintelligence. And “Jen” is Jennifer Boone, FBI counterproliferation division]

So it’s the day before they interview Flynn.

Why would Page & Strzok be stressed about “THIS” potentially going off the rails?

The answer is simple: they knew the content of the phone call between Mike Flynn and Sergey Kislyak because they were listening in, and they were about to exploit the Pence statement to CBS.  In essence they were admitting to monitoring Flynn, that’s why they were so nervous.  They were planning and plotting with Andrew McCabe about how they were going to exploit the phone-tap and the difference in public statements by VP Mike Pence.

There’s a good possibility Flynn was honest but his honesty contradicted Pence’s national statement on CBS; and Flynn likely tried to dance through a needle without being overly critical of VP-elect Pence misspeaking.   Remember, the alternative: if Flynn is brutally honest, the media now runs with a narrative about Vice-President Pence as a national liar.  

Wednesday January 25th, 2017,  –  The Department of Justice, National Security Division, (at this timeframe Mary McCord was head of the DOJ-NSD) – received a detailed readout from the FBI agents who had interviewed Flynn. Yates said she felt “it was important to get this information to the White House as quickly as possible.”

Thursday January 26th – (morning) Yates called White House Counsel Don McGahn first thing that morning to tell him she had “a very sensitive matter” that had to be discussed face to face. McGahn agreed to meet with Yates later that afternoon.

Thursday January 26th – (afternoon)  Sally Yates traveled to the White House along with a senior member of the DOJ’s National Security Division, “who was overseeing the matter”, that is Mary McCord.  This was Yates’ first meeting with McGahn in his office, which also acts as a sensitive compartmented information facility (SCIF).

Yates said she began their meeting by laying out the media accounts and media statements made by Vice President Mike Pence and other high-ranking White House officials about General Flynn’s activity “that we knew not to be the truth.

According to Sally Yates testimony, she and Mary McCord presented all the information to McGahn so the White House could take action that they deemed appropriate.  When asked by McGahn if Flynn should be fired, Yates answered, “that really wasn’t our call.”

Yates also said her decision to notify the White House counsel had been discussed “at great length.”  According to her testimony: “Certainly leading up to our notification on the 26th, it was a topic of a whole lot of discussion in DOJ and with other members of the intel community.”

Friday January 27th – (morning)  White House Counsel Don McGahn called Yates in the morning and asked if she could come back to his office.

Friday January 27th – (late afternoonAccording to her testimony, Sally Yates returned to the White House late that afternoon.  One of McGahn’s topics discussed was whether Flynn could be prosecuted for his conduct.

Specifically, according to Yates, one of the questions *McGahn asked Yates: “Why does it matter to DOJ if one White House official lies to another?” She explained that it “was a whole lot more than that,” and reviewed the same issues outlined the prior day.

[*If you consider that McGahn was trying to thread the needle between Mike Pence’s poorly worded response to CBS, and Michael Flynn’s FBI questioning that came after Pence’s statement, McGahn would see the no-win situation Flynn was in during that inquisition.]

McGahn then expressed his concern that taking any action might interfere with the FBI investigation of Flynn, and Yates said it wouldn’t: “It wouldn’t really be fair of us to tell you this and then expect you to sit on your hands,” Yates claims to have told McGahn.

McGahn asked if he could look at the underlying evidence of Flynn’s conduct, and she said they would work with the FBI over the weekend and “get back with him on Monday morning.”

Friday January 27th, 2017 – (evening) In what appears to be only a few hours later, President Trump is having dinner with FBI Director James Comey where President Trump asked if he was under investigation. Trump was, but to continue the auspices of the ongoing investigation, Comey lied and told him he wasn’t.

This why the issue of how the FBI agents write the 302 summary of the Flynn interview becomes such an important facet.   We see that dynamic again playing out in the messages between Lisa Page and Peter Strzok; with Andrew McCabe providing the guidance.

Don’t forget, FBI Deputy Director Andrew McCabe was likely the person who leaked the content of the Mike Flynn phone call between Flynn and Russian Ambassador Kislyak to the Washington Post.  A massive leak of highly classified information:

Within the case against Michael Flynn, prosecutor Brandon Van Grack later filed a cover letter attempting to explain the reason for the Flynn interview on January 24th, 2017, and a delay in the official filing of the interview notes (FD-302) on February 15th, 2017, and then another edit on May 31st, 2017.

To explain the FBI delay, Van Grack claimed the FD-302 report “inadvertently” had a header saying “DRAFT DOCUMENT/DELIBERATIVE MATERIAL” (screen grab)

What the special counsel appeared to be obfuscating was a process of deliberation within the investigative unit, headed by FBI Deputy Director Andrew McCabe, surrounding the specific wording of the 302 report on the Flynn interview.  Likely how best to word the FBI notes for maximum damage.

In late 2018 Prosecutor Brandon Van Grack was attempting to hide the length of the small group deliberations within the FBI. In hindsight it seems he did not want the court to know Andrew McCabe was involved in shaping how the Flynn-302 was written.

However, we know there was a deliberative process in place, seemingly all about how to best position the narrative, because we can see the deliberations in text messages between Lisa Page and Peter Strzok: See below (note the dates):

The text message conversation above is February 14th, 2017.

The Michael Flynn FD-302 was officially entered into the record on February 15th, 2017, per the report:

The interview took place on January 24th, 2017. The FD-302 was drafted on January 24th, and then later edited, shaped, and ultimately approved by McCabe, on February 14th, then entered into the official record on February 15th.

It was a deliberative document from the outset. Thanks to the Strzok/Page text messages we know the cover letter from the Special Counsel is misleading.  The Feb 15th, 2017, date was the day after McCabe approved it (three weeks after the FBI interview).

May 17th, 2017, Robert Mueller was assigned as special Counsel. Then, the FD-302 report was re-entered on May 31st, 2017, removing the header; paving the way for Mueller’s team to use the content therein.

This level of overt corruption, and corrupt intent within the special counsel, is one of the more brutally obvious reasons why authorizing Deputy AG Rod Rosenstein should be regarded as participating in a political framing against the Trump White House.  

The FBI interpretation of the Flynn interview was the way the DOJ and FBI could control the interview content; and specifically because the only recourse Flynn would have to contradict that FBI interpretation would be to compromise the Vice President… Flynn cannot openly challenge the structure of the narrative within the 302 outline.

See what happened?

Does it all make sense now?

Do you see why there are reports of the second FBI agent, Joe Pientka, saying he didn’t believe Flynn lied to them in the interview. Likely because Flynn didn’t lie; but the McCabe crew jumped on the opportunity to frame a lose/lose. Either Flynn accepts a version of the 302 report where he lied; or, Flynn has to take the position that Vice President Mike Pence lied to the nation in the CBS Face The Nation interview.

See how that went down?

However, after Weissmann and Mueller enter the picture, they need to force Flynn to admit to the construct of the 302 as presented.  For that they need some leverage.

The original authorization for the appointment of Special Counsel Robert Mueller was May 17th, 2017.  The recently released Weissmann report shows there were two additional scope memos authorizing specific targeting of the Mueller probe.  The first scope memo was August 2nd, 2017, OUTLINED HERE, and is an important part of the puzzle that helps explain the corrupt original purpose of the special counsel.

The second scope memo was issued by Rod Rosenstein to Robert Mueller on October 20th, 2017.  The transparent intent of the second scope memo was to provide Weissmann and Mueller with ammunition and authority to investigate specific targets, for specific purposes.  One of those targets was General Michael Flynn’s son, Michael Flynn Jr.

As you review the highlighted portion below, found on pages 12 and 13 of the Weissmann report, read slowly and fully absorb the intent; the corruption is blood-boiling:

This second scope memo allowed Weissmann and Mueller to target tangentially related persons and entities bringing in Michael Cohen, Richard Gates, Roger Stone and Michael Flynn Jr.  Additionally this memo established the authority to pursue “jointly undertaken activity“.

The four identified targets within the original July 2016 investigation, “Operation Crossfire Hurricane”, were George Papadopoulos, Michael Flynn, Paul Manafort and Carter Page. (See HPSCI report):

General Flynn was under investigation from the outset in mid-2016. The fraudulent FBI counterintelligence operation, established by CIA Director John Brennan, had Flynn as one of the early targets when Brennan handed the originating electronic communication “EC” to FBI Director James Comey on/around July 31st, 2016.

The investigation of General Flynn never stopped throughout 2016 and led to the second investigative issue of his phone call with Russian Ambassador Kislyak:

Page #12 October 20th, 2017, Scope Memo:

The first redaction listed under “personal privacy” is unknown. However, the second related redaction is a specific person, Michael Flynn Jr.

In combination with the October 2017 timing, the addition of Flynn Jr to the target list relates to the ongoing 2016/2017 investigation of his father for: (1) possible conspiracy with a foreign government; (2) unregistered lobbying; (3) materially false statements and omissions on 2017 FARA documents; and (4) lying to the FBI.

This October 20th, 2017, request from Weissmann and Mueller aligns with the time-frame were special counsel team lawyers Brandon LVan Grack and Zainab N. Ahmad were prosecuting Michael Flynn and cornering him into a guilty plea

Getting Rosenstein to authorize adding Mike Flynn Jr. to the target list (scope memo #2) meant the special counsel could threaten General Flynn with the indictment of his son as a co-conspirator tied to the Turkish lobbying issue (which they did) if he doesn’t agree to a plea. Remember: “jointly undertaken activity“.

Forcing a plea for ‘lying to investigators‘ by threatening prosecution for FARA violations was the identical strategy used against both George Papadopoulos and Michael Flynn.

The October 20th, 2017, expanded scope memo authorized Mueller to start demanding records, phones, electronic devices and other evidence from Mike Flynn Jr, and provided the leverage Weissmann wanted.  After all, Mike Flynn Jr. had a four month old baby. 

The amount of twisted pressure from this corrupt team of prosecutors is sickening.  A month later, General Flynn was signing a plea agreement:

Congress v Trump – Have They Destroyed the Constitution?


Originally, the Founding Fathers envisioned a government that was “We The People.” The structural design was based largely on the writings of Montesque and embodied the separation of powers — Executive (bureaucracy), Congress (the people), and the Judiciary (the arbitrator). Benjamin Franklin (1706-1790), at the age of 81, gave his assessment of the direction of the country in his final speech before the Constitutional Convention:

“…when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men, all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views.”

He understood it would be impossible to expect a “perfect production” from such a gathering for he understood the cycles of history. After all, he was friends with Edward Gibbon who wrote the “Decline and Fall of the Roman Empire” and reviewed the text before it was published. Franklin believed that the Constitution they had just drafted “with all its faults” was still better than any alternative that was likely to emerge.

There is a serious fault in the Constitution that the Founding Fathers neglected to take into account. I believe their judgment was colored by the propaganda which survived from Cicero who painted Julius Caesar as a dictator when in fact it was his own political party, known as the Optimates, who were a conservative political faction in the late Roman Republic.  The Optimates were the corrupt senators who had to flee Rome when Caesar approached because the people cheered Caesar against the corruption of the Senate. Due to the failure to truly uncover other contemporary writers when Gibbon was doing his research, the design of the United States was fatally constructed upon these misconceptions and we are now paying the price for those mistakes.

The Constitution was not supposed to be a self-actuating or a self-correcting document. Unfortunately, allowing it to be amended has destroyed its very intent. Once they installed the income tax on a progressive basis, they conveniently interpreted that you can discriminate against class and occupation but not anything else from religion to race and gender. We have proven that there is no EQUAL PROTECTION OF THE LAW and that the observation of Thrasymachus (c 459-400 BC) is the correct one of history — all governments interpret laws only in their own self-interest.

Even with constant attention and devotion of all citizens, our Constitution has utterly failed to protect our liberty and by far it never provides equal justice for all. There is a story, often told, that upon exiting the Constitutional Convention Benjamin Franklin was approached by a group of citizens asking what sort of government the delegates had created. His answer was: “A republic if you can keep it.” The brevity of that response was indeed a reflection of his understanding of the cycle of history. While we pretend to call ourselves a Democracy, we are by no means such an institution. We are exactly what Franklin replied: a REPUBLIC.

While it is a theory that democratic republics are founded upon the consent of the people, any review of history reveals that they are founded upon pretenses and have never been able to constrain those in power. Once they get a taste of that power, they abuse it. This is what drives the cycle of history which shows that society is born, matures, corrupts, and collapses by normally suicide taking shape as a revolution.

James Wilson (1742–1798) was one of the Founding Fathers of the United States who signed the Declaration of Independence as well as the United States Constitution. Wilson was elected twice to the Continental Congress representing Pennsylvania. He had a good legal mind and was a major contributor in drafting the United States Constitution. Because of his brilliant legal mind, he was also appointed as one of the six original justices to the Supreme Court of the United States.

Wilson believed that “the House of Representatives [shall] form the grand inquest of the state. They shall diligently inquire into grievances.” Indeed, the original idea was that Congress was elected by the people and was their representatives in a Republic. The Senate did not stand for election but were appointed to represent the state in which they served. The idea that Congress would be the overseer was essential. They were to have the power to investigate the executive branch. Under the Roman system, there was a Tribune who has the absolute power to investigate and criminally charge anyone in government. That became the watered-down version of the Office of Inspector General, which will investigate but is under the Justice Department in the Executive Branch which has no power to initiate its own actions.

However, the Constitution does not actually authorize such a power. It states:

SECTION 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

There is actually no provision of the Constitution which expressly authorizes either house of Congress to make investigations and exact testimony. Nevertheless, such a power had been frequently exercised by the British Parliament and by the Assemblies of the American Colonies prior to the adoption of the Constitution. It was asserted by the House of Representatives as early as 1792 when it appointed a committee to investigate the defeat of General St. Clair and his army by the Indians in the Northwest and empowered it to “call for such persons, papers, and records, as may be necessary to assist their inquiries.” (3 Annals Of Congress 490–494 (1792); 3 A. Hinds’ Precedents Of The House Of Representatives 1725 (1907)).

However, the Supreme Court has long since accorded its agreement with Congress that the investigatory power is so essential to the legislative function as to be “implied” as inherent even though it was never expressly granted.  In 1927, the Supreme Court wrote in McGrain v. Daugherty, 273 U.S. 135, 174–175 (1927):

“We are of the opinion,” wrote Justice Van Devanter for a unanimous Court, “that the power of inquiry—with process to enforce it—is an essential and appropriate auxiliary to the legislative function. . . . A legislative body cannot legislate wisely or effectively in the absence of information respecting the conditions which the legislation is intended to affect or change; and where the legislative body does not itself possess the requisite information—which not infrequently is true—recourse must be had to others who possess it. Experience has taught that mere requests for such information often are unavailing, and also that information which is volunteered is not always accurate or complete; so some means of compulsion are essential to obtain what is needed. All this was true before and when the Constitution was framed and adopted. In that period the power of inquiry—with enforcing process—was regarded and employed as a necessary and appropriate attribute of the power to legislate—indeed, was treated as inhering in it. Thus there is ample warrant for thinking, as we do, that the constitutional provisions which commit the legislative function to the two houses are intended to include this attribute to the end that the function may be effectively exercised.”

Chief Justice Warren, in a 1957 opinion, took a hostile approach to the exercise of the investigatory power by Congress. He wrote:

“The power of the Congress to conduct investigations is inherent in the legislative process. That power is broad. It encompasses inquiries concerning the administration of existing laws as well as proposed or possibly needed statutes. It includes surveys of defects in our social, economic or political system for the purpose of enabling the Congress to remedy them. It comprehends probes into departments of the Federal Government to expose corruption, inefficiency or waste.” (Watkins v. United States, 354 U.S. 178, 187 (1957).)

Justice Harlan addressed the matter in 1959. “The power of inquiry has been employed by Congress throughout our history, over the whole range of the national interests concerning which Congress might legislate or decide upon due investigation not to legislate; it has similarly been utilized in determining what to appropriate from the national purse, or whether to appropriate. The scope of the power of inquiry, in short, is as penetrating and far-reaching as the potential power to enact and appropriate under the Constitution.” (Barenblatt v. United States, 360 U.S. 109, 111 (1959). See also Eastland v. United States Servicemen’s Fund, 421 U.S. 491, 503–07 (1975).)

Congress has overstepped its bounds in using its investigative powers against the opposition party for purely political purposes. Partisanship has now not just influenced how those powers are used, it has become the dominant justification. A Democratic Congress investigated Richard Nixon. During the Clinton administration, the Republican-led House issued more than 1,000 subpoenas and held hearings on the Clintons. Now the Congress has gone completely far beyond its powers historically demanding Trump’s tax returns. This has nothing to do with his current administration nor does it have any relevance to legislation. Donald Trump has rightfully declared, “We’re fighting all the subpoenas,” and will sue to block them and instruct officials to ignore them. In this regard, the powers of Congress have been seriously abused over the decades. Partisanship renders oversight illegitimate. To ignore the partisanship is very dangerous because it is taking government in the direction of dysfunction.

Broad as the power of inquiry is, it is not unlimited. In Kilbourn vThompson103 U.S. 168 (1880), the Supreme Court dealt with the question of whether or not the House of Representatives could compel testimony. The Court found that the House did not have the power to punish for contempt. The power of investigation may properly be employed only “in aid of the legislative function.”Clearly, the Kilbourn decision would mean that the investigation launched against Trump has exceeded the outermost boundaries of the power of Congress. Those powers are confined by the outermost boundaries of the power to legislate. In principle, the Court is clear on the limitations, “that neither house of Congress possesses a ‘general power of making inquiry into the private affairs of the citizen’; that the power actually possessed is limited to inquiries relating to matters of which the particular house ‘has jurisdiction’ and in respect of which it rightfully may take other action; that if the inquiry relates to ‘a matter wherein relief or redress could be had only by a judicial proceeding’ it is not within the range of this power, but must be left to the courts, conformably to the constitutional separation of governmental powers; and that for the purpose of determining the essential character of the inquiry recourse must be had to the resolution or order under which it is made.”

In practice, much of the litigated dispute has been about the reach of the power to inquire into the activities of private citizens; an inquiry into the administration of laws and departmental corruption, while of substantial political consequence, has given rise to fewer judicial precedents. It would seem that the only way to eliminate this type of partisanship investigations would be to empower the Office of Inspector General to act independently of the Justice Department and that its powers should be that of the Roman Tribune. That means it should have the power to also investigate those in Congress.

Under the administration of Andrew Jackson, this power to investigate was coming into focus. During the controversy over the renewal of the charter of the Bank of the United States, John Quincy Adams contended that an unlimited inquiry into the operations of the bank would be beyond the power of the House (8 Cong. Deb. 2160 (1832)). Then in 1836, the legislative power of investigation was challenged by the Jackson. A committee appointed by the House of Representatives “with power to send for persons and papers, and with instructions to inquire into the condition of the various executive departments, the ability and integrity with which they have been conducted, . . .” (13 Cong. Deb. 1057–1067 (1836)) called upon the President and the heads of departments for lists of persons appointed without the consent of the Senate and the amounts paid to them. Jackson refused this attempt “to invade the just rights of the Executive Departments,” and the majority of the committee acquiesced in 1837 (H. R. Rep. No. 194, 24th Congress, 2d sess., 1, 12, 31 (1837)).

Then leading into the Civil War, Congress unleashed investigations and brought contempt proceedings against a witness who refused to testify in an investigation of John Brown’s raid upon the arsenal at Harper’s Ferry. There was a debate in the Senate of the basis of this power which was protracted and cut sharply across sectional and party lines. The Senate voted overwhelmingly to imprison the contumacious witness (Cong. Globe, 36th Congress, 1st sess., 1100–1109 (1860)). It was this abuse of power which was then constrained by the Supreme Court in a narrow view of the power in Kilbourn v. Thompson.

Therefore, my legal opinion is that Congress is abusing its power and I agree with the Kilbourn decision that they are not free to investigate members of the opposing party for political gains. Empower the Office of Inspector General to do all investigations – PERIOD!!!!!!

Congress v Trump – Have They Destroyed the Constitution?


Originally, the Founding Fathers envisioned a government that was “We The People.” The structural design was based largely on the writings of Montesque and embodied the separation of powers — Executive (bureaucracy), Congress (the people), and the Judiciary (the arbitrator). Benjamin Franklin (1706-1790), at the age of 81, gave his assessment of the direction of the country in his final speech before the Constitutional Convention:

“…when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men, all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views.”

He understood it would be impossible to expect a “perfect production” from such a gathering for he understood the cycles of history. After all, he was friends with Edward Gibbon who wrote the “Decline and Fall of the Roman Empire” and reviewed the text before it was published. Franklin believed that the Constitution they had just drafted “with all its faults” was still better than any alternative that was likely to emerge.

There is a serious fault in the Constitution that the Founding Fathers neglected to take into account. I believe their judgment was colored by the propaganda which survived from Cicero who painted Julius Caesar as a dictator when in fact it was his own political party, known as the Optimates, who were a conservative political faction in the late Roman Republic.  The Optimates were the corrupt senators who had to flee Rome when Caesar approached because the people cheered Caesar against the corruption of the Senate. Due to the failure to truly uncover other contemporary writers when Gibbon was doing his research, the design of the United States was fatally constructed upon these misconceptions and we are now paying the price for those mistakes.

The Constitution was not supposed to be a self-actuating or a self-correcting document. Unfortunately, allowing it to be amended has destroyed its very intent. Once they installed the income tax on a progressive basis, they conveniently interpreted that you can discriminate against class and occupation but not anything else from religion to race and gender. We have proven that there is no EQUAL PROTECTION OF THE LAW and that the observation of Thrasymachus (c 459-400 BC) is the correct one of history — all governments interpret laws only in their own self-interest.

Even with constant attention and devotion of all citizens, our Constitution has utterly failed to protect our liberty and by far it never provides equal justice for all. There is a story, often told, that upon exiting the Constitutional Convention Benjamin Franklin was approached by a group of citizens asking what sort of government the delegates had created. His answer was: “A republic if you can keep it.” The brevity of that response was indeed a reflection of his understanding of the cycle of history. While we pretend to call ourselves a Democracy, we are by no means such an institution. We are exactly what Franklin replied: a REPUBLIC.

While it is a theory that democratic republics are founded upon the consent of the people, any review of history reveals that they are founded upon pretenses and have never been able to constrain those in power. Once they get a taste of that power, they abuse it. This is what drives the cycle of history which shows that society is born, matures, corrupts, and collapses by normally suicide taking shape as a revolution.

James Wilson (1742–1798) was one of the Founding Fathers of the United States who signed the Declaration of Independence as well as the United States Constitution. Wilson was elected twice to the Continental Congress representing Pennsylvania. He had a good legal mind and was a major contributor in drafting the United States Constitution. Because of his brilliant legal mind, he was also appointed as one of the six original justices to the Supreme Court of the United States.

Wilson believed that “the House of Representatives [shall] form the grand inquest of the state. They shall diligently inquire into grievances.” Indeed, the original idea was that Congress was elected by the people and was their representatives in a Republic. The Senate did not stand for election but were appointed to represent the state in which they served. The idea that Congress would be the overseer was essential. They were to have the power to investigate the executive branch. Under the Roman system, there was a Tribune who has the absolute power to investigate and criminally charge anyone in government. That became the watered-down version of the Office of Inspector General, which will investigate but is under the Justice Department in the Executive Branch which has no power to initiate its own actions.

However, the Constitution does not actually authorize such a power. It states:

SECTION 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

There is actually no provision of the Constitution which expressly authorizes either house of Congress to make investigations and exact testimony. Nevertheless, such a power had been frequently exercised by the British Parliament and by the Assemblies of the American Colonies prior to the adoption of the Constitution. It was asserted by the House of Representatives as early as 1792 when it appointed a committee to investigate the defeat of General St. Clair and his army by the Indians in the Northwest and empowered it to “call for such persons, papers, and records, as may be necessary to assist their inquiries.” (3 Annals Of Congress 490–494 (1792); 3 A. Hinds’ Precedents Of The House Of Representatives 1725 (1907)).

However, the Supreme Court has long since accorded its agreement with Congress that the investigatory power is so essential to the legislative function as to be “implied” as inherent even though it was never expressly granted.  In 1927, the Supreme Court wrote in McGrain v. Daugherty, 273 U.S. 135, 174–175 (1927):

“We are of the opinion,” wrote Justice Van Devanter for a unanimous Court, “that the power of inquiry—with process to enforce it—is an essential and appropriate auxiliary to the legislative function. . . . A legislative body cannot legislate wisely or effectively in the absence of information respecting the conditions which the legislation is intended to affect or change; and where the legislative body does not itself possess the requisite information—which not infrequently is true—recourse must be had to others who possess it. Experience has taught that mere requests for such information often are unavailing, and also that information which is volunteered is not always accurate or complete; so some means of compulsion are essential to obtain what is needed. All this was true before and when the Constitution was framed and adopted. In that period the power of inquiry—with enforcing process—was regarded and employed as a necessary and appropriate attribute of the power to legislate—indeed, was treated as inhering in it. Thus there is ample warrant for thinking, as we do, that the constitutional provisions which commit the legislative function to the two houses are intended to include this attribute to the end that the function may be effectively exercised.”

Chief Justice Warren, in a 1957 opinion, took a hostile approach to the exercise of the investigatory power by Congress. He wrote:

“The power of the Congress to conduct investigations is inherent in the legislative process. That power is broad. It encompasses inquiries concerning the administration of existing laws as well as proposed or possibly needed statutes. It includes surveys of defects in our social, economic or political system for the purpose of enabling the Congress to remedy them. It comprehends probes into departments of the Federal Government to expose corruption, inefficiency or waste.” (Watkins v. United States, 354 U.S. 178, 187 (1957).)

Justice Harlan addressed the matter in 1959. “The power of inquiry has been employed by Congress throughout our history, over the whole range of the national interests concerning which Congress might legislate or decide upon due investigation not to legislate; it has similarly been utilized in determining what to appropriate from the national purse, or whether to appropriate. The scope of the power of inquiry, in short, is as penetrating and far-reaching as the potential power to enact and appropriate under the Constitution.” (Barenblatt v. United States, 360 U.S. 109, 111 (1959). See also Eastland v. United States Servicemen’s Fund, 421 U.S. 491, 503–07 (1975).)

Congress has overstepped its bounds in using its investigative powers against the opposition party for purely political purposes. Partisanship has now not just influenced how those powers are used, it has become the dominant justification. A Democratic Congress investigated Richard Nixon. During the Clinton administration, the Republican-led House issued more than 1,000 subpoenas and held hearings on the Clintons. Now the Congress has gone completely far beyond its powers historically demanding Trump’s tax returns. This has nothing to do with his current administration nor does it have any relevance to legislation. Donald Trump has rightfully declared, “We’re fighting all the subpoenas,” and will sue to block them and instruct officials to ignore them. In this regard, the powers of Congress have been seriously abused over the decades. Partisanship renders oversight illegitimate. To ignore the partisanship is very dangerous because it is taking government in the direction of dysfunction.

Broad as the power of inquiry is, it is not unlimited. In Kilbourn vThompson103 U.S. 168 (1880), the Supreme Court dealt with the question of whether or not the House of Representatives could compel testimony. The Court found that the House did not have the power to punish for contempt. The power of investigation may properly be employed only “in aid of the legislative function.”Clearly, the Kilbourn decision would mean that the investigation launched against Trump has exceeded the outermost boundaries of the power of Congress. Those powers are confined by the outermost boundaries of the power to legislate. In principle, the Court is clear on the limitations, “that neither house of Congress possesses a ‘general power of making inquiry into the private affairs of the citizen’; that the power actually possessed is limited to inquiries relating to matters of which the particular house ‘has jurisdiction’ and in respect of which it rightfully may take other action; that if the inquiry relates to ‘a matter wherein relief or redress could be had only by a judicial proceeding’ it is not within the range of this power, but must be left to the courts, conformably to the constitutional separation of governmental powers; and that for the purpose of determining the essential character of the inquiry recourse must be had to the resolution or order under which it is made.”

In practice, much of the litigated dispute has been about the reach of the power to inquire into the activities of private citizens; an inquiry into the administration of laws and departmental corruption, while of substantial political consequence, has given rise to fewer judicial precedents. It would seem that the only way to eliminate this type of partisanship investigations would be to empower the Office of Inspector General to act independently of the Justice Department and that its powers should be that of the Roman Tribune. That means it should have the power to also investigate those in Congress.

Under the administration of Andrew Jackson, this power to investigate was coming into focus. During the controversy over the renewal of the charter of the Bank of the United States, John Quincy Adams contended that an unlimited inquiry into the operations of the bank would be beyond the power of the House (8 Cong. Deb. 2160 (1832)). Then in 1836, the legislative power of investigation was challenged by the Jackson. A committee appointed by the House of Representatives “with power to send for persons and papers, and with instructions to inquire into the condition of the various executive departments, the ability and integrity with which they have been conducted, . . .” (13 Cong. Deb. 1057–1067 (1836)) called upon the President and the heads of departments for lists of persons appointed without the consent of the Senate and the amounts paid to them. Jackson refused this attempt “to invade the just rights of the Executive Departments,” and the majority of the committee acquiesced in 1837 (H. R. Rep. No. 194, 24th Congress, 2d sess., 1, 12, 31 (1837)).

Then leading into the Civil War, Congress unleashed investigations and brought contempt proceedings against a witness who refused to testify in an investigation of John Brown’s raid upon the arsenal at Harper’s Ferry. There was a debate in the Senate of the basis of this power which was protracted and cut sharply across sectional and party lines. The Senate voted overwhelmingly to imprison the contumacious witness (Cong. Globe, 36th Congress, 1st sess., 1100–1109 (1860)). It was this abuse of power which was then constrained by the Supreme Court in a narrow view of the power in Kilbourn v. Thompson.

Therefore, my legal opinion is that Congress is abusing its power and I agree with the Kilbourn decision that they are not free to investigate members of the opposing party for political gains. Empower the Office of Inspector General to do all investigations – PERIOD!!!!!!

Joe Biden Dismisses China Threat….


Considering how Joe Biden exploited China for personal financial gain, this position by a democrat presidential candidate is likely not going to age well.

I’ve met virtually every major world leader in my role as Vice President, as Foreign Relations Chairman over the last 30 years. That’s not hyperbole. Virtually every one. I don’t know a single solitary one who would not change places with the problems the President of the United States has versus the problems they have. China is going to eat our lunch? Come on, man.

They can’t even figure out how to deal with the fact that they have this great division between the China Sea and the mountains in the east, I mean in the west. They can’t figure out how they are going to deal with the corruption that exists within the system. I mean, you know, they’re not bad folks, folks. But guess what, they’re not competition for us.”

Bernie Sanders

@BernieSanders

Since the China trade deal I voted against, America has lost over 3 million manufacturing jobs.
It’s wrong to pretend that China isn’t one of our major economic competitors.
When we are in the White House we will win that competition by fixing our trade policies.

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