Shortly after 6pm this evening Supreme Court Justice Justice Ruth Bader Ginsburg put a prior 2nd Circuit ruling on hold until next Friday, December 13, at 5 p.m.
President Trump went to the Supreme Court after the House Financial Services and Intelligence Committees issued subpoenas to Deutsche Bank and Capital One seeking President Trump’s tax records. In his request to the court [Read Here] Trump asked SCOTUS to block the subpoenas on the ground they go beyond the committees’ powers.
Justice Ginsburg’s order tonight gives the justices time to rule on Trump’s request for a longer stay of the lower court’s decision while he files a petition for review. Ginsburg ordered the House of Representatives to file a response to Trump’s request by 11 a.m. on Wednesday, December 11.
At their private SCOTUS conference next week, the justices are scheduled to consider President Trump’s original petition for review of a lower-court ruling that would require him to turn over tax records to the SDNY who are seeking them as part of a grand-jury investigation. The SCOTUS decision today, placing a hold on a similar House effort, essentially allows the court to receive arguments relating to the second request for tax records and contemplate the merit of both.
The first request to the Supreme Court resulted in them issuing a ruling maintaining the block against House Democrats receiving President Trump’s tax returns. The one paragraph order [pdf here] essentially maintained the stay and requested the Trump administration to file a formal request for review by the court. The Trump filing today is a response to that SCOTUS request:
The underlying House case has several defects.
Attorney Ristvan previously provided a good encapsulation of the problems for the House that explains why President Trump could likely win the case:
House Oversight is one of three committees that 26USC§6103(f) requires the IRS to turn over individual returns “upon request”.
They requested (PDJT taxes for 6 years 2013-2018) long before Pelosi announced her impeachment inquiry, way before the House vote on same, to which Pelosi said Sunday, (paraphrased) “We haven’t decided to impeach. We are only inquiring about it.”
The ‘upon request’ is not as absolute as it seems. The request must still be predicated on a legitimate legislative purpose. SCOTUS has held (I skip the rulings, since previously commented on here many months ago) that there are only two valid purposes, both constrained to legislative powers expressly granted by A1§8.
1. An inquiry into making, repealing, or amending an A1§8 law.
2. Oversight of executive administration of an existing law.
With respect to (1), a legitimate legislative purpose would be reviewing real estate tax law for possible changes. BUT then, the request should have come from Ways and Means (Neal) where tax laws originate. AND, it should have included requests for tax returns from other big real estate developers also. Singling out only PDJT is a fatal defect to this purpose.
With respect to (2), after Nixon/Agnew the tax code was amended to require a special IRS audit of annual POTUS and VPOTUS returns, with the results held in the National Archive. Reviewing those special audits by IRS would be a proper Oversight and Reform legislative purpose, BUT ONLY for 2017-2018 after PDJT was inaugurated. The earlier 4 years demanded are a fatal defect to this purpose.
Both these valid points were raised by President Trump and were already on their way to SCOTUS. Now the committee is trying to ‘cure’ these fatal request defects by claiming the returns are necessary for impeachment. This raises four new issues where PDJT can also win.
1. Impeachment is not a legislative purpose within A1§8.
2. Articles of Impeachment have historically been the the province of Judiciary, NOT Oversight.
3. The demand was made BEFORE the impeachment inquiry unofficially started and cannot be retrospectively cured.
4. No tax ‘high crimes of misdemeanors’ have even been alleged. Impeachment fishing expeditions are unconstitutional.
IMO this case has the potential to set a major constitutional precedent about POTUS harassment via political impeachment. The constitutional convention minutes and Federalist #65 both make it clear why ‘maladministration’ (the original third test after treason and bribery, and which WOULD allow for political impeachment) was replaced by ‘High Crimes and Misdemeanors’. The phrase was borrowed from prior British law, has a specific set of meanings, and DOES NOT allow political impeachment. (link)
The quest for President Trump’s financial records is essentially a legislative fishing expedition in an attempt to gain opposition research for their Democrat candidate in the 2020 election.
The Supreme Court has not yet ruled on any ancillary case that touches upon the validity of the unilaterally declared House impeachment process. The Supreme Court has not ruled on any case that touches the impeachment “inquiry”.
The issue at stake is whether the legislative branch can penetrate the constitutional firewall which exists within the separation of powers.
If the House loses the Tax case in SCOTUS (likely), and/or either HJC case in appeals or SCOTUS it will mean there was no constitutional foundation for the “impeachment inquiry” upon which they have built their original legal arguments.
♦The first case is the House Oversight Committee effort to gain President Trumps’ tax returns as part of their impeachment ‘inquiry’ and oversight. That case is currently on-hold (10-day stay) in the Supreme Court. Written briefs soon, arguments perhaps in early December? Outcome pending. There is a very strong probability Pelosi will lose this case because Oversight doesn’t have jurisdiction and the case began back in February.
Ginsburg placed a hold on the order on Friday, according to Reuters. The 2nd District Court of Appeals issued a ruling on Tuesday ordering Deutsche Bank and Capital One to turn over financial documents on Trump, members of his family, and his business.
Justice Ruth Bader Ginsburg put the 2nd Circuit’s ruling on hold until next Friday, December 13, at 5 p.m. Ginsburg’s order gives the justices time to rule on Trump’s request for a longer stay of the lower court’s decision while he files a petition for review. Ginsburg ordered the House of Representatives to file a response to Trump’s request by 11 a.m. on Wednesday, December 11. (link)
Probability of loss to Pelosi 90%.
♦The second case is the House Judiciary Committee (HJC) effort to gain the grand jury information from the Mueller investigation. The decision by DC Judge Beryl Howell was stayed by a three member DC Appellate court. Oral arguments were November 12th, the decision is pending. [Depending on outcome, the case
could will also go to SCOTUS]
[…] the appeals court in a brief order said it would not immediately release the documents “pending further order of the court.” The court also asked the House and the Justice Department for more briefings and set a Jan. 3 date for another hearing. (link)
Probability of SCOTUS 100%
♦The third case is the HJC effort to force the testimony of former White House legal counsel Don McGahn. Issue: subpoena validity. The HJC asked for an expedited ruling. Judge Ketanji Brown Jackson delivered her ruling November 25th.:
Federal District Court Judge Ketanji Brown Jackson said McGahn must appear before Congress but retains the ability to “invoke executive privilege where appropriate” during his appearance. The judge did not put her own ruling on hold, but the Trump administration will likely seek one to put the effect of her ruling on hold while it pursues an appeal. (link)
However, two days later Judge Brown-Jackson stayed her own ruling...
Judge Ketanji Brown Jackson, an Obama appointee on the district court in D.C., granted McGahn’s request for a temporary stay while she deliberates on whether to issue a lengthier one to allow him to appeal her decision.
Probability Appeal 100% – Probability SCOTUS 90%
Pelosi, Schiff, Nadler and Lawfare are now rushing toward a full House impeachment vote while simultaneously attempting to stall any judicial decision (Appeals or SCOTUS) that would undermine their manufactured impeachment authority.
IMPEACHMENT AT ALL COSTS
I’ve been watching the ongoing farce known as the impeachment hearings and I realized their Star Chamber circus was never going to end. The Democrats will continue to invent and spew slime toward Trump no matter what. They accuse the president of interfering with next year’s election, yet THEY are the ones who are trying to negate the will of the American people who lawfully put Trump into office–and they are already interfering with his reelection in 2020.
President Trump is not part of the Deep State. He was elected as an outsider—an America-first populist and he promised to drain the swamp and end the corruption. The swamp is fighting back. Everyone is onto their tiresome game, but that makes no difference. They all have severe cases of Trump Derangement Syndrome.
The Democrats have contempt for the will of the American people. The Deep State Swamp will never stop spewing slimy lies as they continue to make a mockery of the Constitution.
HPSCI Ranking Member Devin Nunes responds to the possibilities of how HPSCI Chairman Adam Schiff gained private phone records for use in his impeachment effort.
One of the possibilities is that Lev Parnas is a foreign national. SDNY gets a subpoena from the FISA court. Rudy Giuliani is in contact with Parnas (1-hop). They then unmask and pull Giuliani’s records and get Nunes and Solomon (2-hops).
The question would then be how did the unmasked information in an active investigation that started in the FISC end up being sent to the House Intel Committee to be disclosed to the public?
House Judiciary Chairman Jerry Nadler has announced the date for the next impeachment hearing. The date is Monday, December 9th – 2019 It appears from the announcement the HJC hearing will be set up to receive the impeachment recommendation(s) from Adam Schiff and the House Intelligence Committee:
Monday December 9th, is also the same date that IG Horowitz is expected to release the results of the 21-month-long FISA investigation.
Two days later on Wednesday December 11th, Michael Horowitz will be testifying to the Senate Judiciary Committee about his investigation…. Therefore we can expect Nadler, Pelosi and Lawfare to schedule another House event for Wednesday Dec. 11th.
Earlier today President Trump responded to the House Judiciary Committee farcical construct of a constitutional academic panel:
Moments later, Speaker Pelosi announced her instructions to the House Chair to assemble articles of impeachment for House floor vote consideration. In response to the Pelosi announcement President Trump tweeted:
With the House calendar extended to December 20th it now appears the full House vote on articles of impeachment will take place within this year. Today, Speaker Nancy Pelosi announced her instructions to House Judiciary Chairman Jerry Nadler to assemble the formal articles of impeachment to be brought to the House floor.
~ Read Speaker Pelosi Announcement HERE ~
Speaker Pelosi did not provide many details; however, Democrats have said they are considering multiple articles of impeachment against Trump including abuse of power, obstruction of justice and obstruction of Congress. The House Judiciary Committee is expected to draw up articles of impeachment as soon as next week.
This is the first time in History that articles of impeachment will be assembled without an official full house vote to initiate the impeachment process. This is also the first impeachment effort without the House attaining recognized judicial enforcement authority. The vote will take place before the Supreme Court weighs-in on the legal framework for the House effort. The House judicial enforcement authority, not being recognized by the Supreme Court, likely had a strong bearing on the timing.
The awakened American middle-class insurgency, led by Donald Trump, is an existential threat to the professional political class and every entity who lives in/around the professional political class. Their entire political apparatus is threatened by our insurgency. The political industry, all of corrupt governance, is threatened by our support through Donald Trump.
You know why the entire apparatus is united against President Trump. You know why the corrupt Wall Street financial apparatus is united against President Trump. You know why every institutional department, every lobbyist, every K-Street dweller, every career legislative member, staffer, and the various downstream economic benefactors, including the corporate media, all of it – all the above, are united against Donald Trump.
Donald Trump is an existential threat to the existence of a corrupt DC system we have exposed to his disinfecting sunlight. Donald Trump is the existential threat to every entity who benefits from that corrupt and vile system.
You won’t believe a leading candidate for president said this — or did that — but former Veep Joe Biden tells a weird tale about his days as a lifeguard, and he bite’s his wife’s finger…on the campaign stump. Did Biden’s speech writer pen the story about how kids loved to rub Joe’s hairy legs? Does he have anyone on his staff to restrain him from raving? Should we be seriously concerned that something is mentally wrong with the leading Democratic presidential candidate? Right Angle with Stephen Green, Bill Whittle and Scott Ott, comes to you 16 times each month, thanks to our Members, who get to enjoy an additional four Backstage episodes, plus write their own blog, and interact with a comments forum and private messaging on our website at https://BillWhittle.com – Become a Member at https://BillWhittle.com/register/ – Support us on Patreon: https://www.patreon.com/billwhittle – Listen to our shows on the go with your podcast app: http://bit.ly/BWN-Podcasts – Watch us now on Amazon’s Fire TV by downloading the Bill Whittle Network app. http://bit.ly/BWN-FireTV – Ask your Amazon smart device, “Alexa, play Bill Whittle Network on TuneIn radio.” – We’re on Bitchute too: http://bit.ly/BWN-Bitchute
The CIA primarily leaks PR spin to the Washington Post. The FBI primarily leaks PR spin to the New York Times; and the State Dept. primarily leaks PR spin to CNN. This narrative distribution model is the one constant in an ever changing universe.
Cue the audio visual… Obviously the prior Washington Post effort to conflate the Durham investigation with the Horowitz investigation didn’t get the desired result. As a consequence it only took a few days before the Washington Post was back at it (Matt Zapotosky and Devlin Barrett again) to try obfuscation 2.0; this time with Joseph Mifsud.
For three years the New York Times, Washington Post and CNN have sold the FBI claim that Professor Joseph Mifsud was a Russian operative passing information about Clinton’s emails to George Papadopoulos.
That essential point underpins their defense of the predicate for the CIA and FBI to open the July 31st investigation of the Trump campaign. Again, for three years Joseph Mifsud was sold as a Russian operative; working on behalf of Russian interests.
That “Mifsud is a Russian asset” claim is the fulcrum of Crossfire Hurricane. Mifsud has to be a Russian asset, or else… George Papadopoulos talking to Australian Diplomat Alexander Downer about Mifsud is simply political gossip without merit, value or bearing.
The key point is Mifsud has to be a Russian operative in order for all of the downstream FBI activity to be justified. If Mifsud ain’t Russian, the CIA and FBI have a problem.
It doesn’t matter if Mifsud is Maltese, Taiwanese, Sicilian, Italian, British, Canadian, Chinese, or a half-breed Congolese migrant from Morocco… for the CIA and FBI justification to stick Professor Joseph Mifsud has to be a Russian operative.
Yet for some reason the PR outlet for the CIA and FBI are spending an inordinate amount of time trying to say Mifsud isn’t an American intelligence asset. A ridiculous amount of energy spent on a claim that no-one has ever made. The question remains: Is Joseph Mifsud a Russian Operative?
If no, the CIA and FBI have a world of sh!t on their hands. Period.
But the intelligence agencies said the professor was not among their assets, the people said. And Durham informed Horowitz’s office that his investigation had not produced any evidence that might contradict the inspector general’s findings on that point. (more)
No sh!t.. !! Mifsud isn’t “a U.S. intelligence asset”… and caterpillars never ever wear brown boots…. What’s the point?
No-one has ever said Mifsud was a U.S. intelligence asset. However, for three years the Washington Post, New York Times and CNN have claimed Mifsud was a Russian intelligence asset.
Are these outlets now denying that point?
Or is this media group trying to distract people from remembering their claim of Mifsud being a Russian asset, by shifting the story to disprove something no-one ever claimed… so they don’t have to admit they told a false story for three years?
The problem the Washington Post, New York Times and CNN has is that we do not forget their claims. If Mifsud is not a Russian asset then the primary evidence sold by the FBI and their complicit media -to justify the FBI origination- was all a bunch of horse-pucky.
ABOVE (L-R) Joseph Mifsud, Boris Johnson and Prasenjit Kumar
If, as FBI Director James Comey and the FBI investigators have claimed, Joseph Mifsud was a Russian asset… then every intelligence agency in the Western Intelligence Alliance has been compromised…. including our own State Department who invited Mifsud to lecture in Washington DC in January 2017; right before he “disappeared.”