Justice Ruth Bader Ginsburg Places Administrative Stay on Congressional Subpoena For President Trump’s Financial Records…


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:

FULL PDF AVAILABLE HERE

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 rulingJudge 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.

The House Judiciary Committee, which had asked the court to enforce its subpoena for President Trump‘s former legal adviser, said it would not oppose a temporary stay. (read more)

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.

The Goo Crew Coup!


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. 

—Ben Garrison

 

JAK AMERICA! GET READY FOR TRUMP 2020 LANDSLIDE REMIX!


 

Drug Trade, Violence, & Capital Flows


QUESTION:

Good afternoon Mr. Armstrong,

First of all, thank you for all the information you give us on your blog so that we who are and live in third world countries like me can understand the behavior of the global economy and especially in the rich countries. The way I approach the issue of the sovereign debt crisis has been very helpful, but I think that just as the press does not talk about the issue, you do not address the issue of how the illegal economy, especially that of drug trafficking, It affects the global economy.

Can you tell us what Socrates says about this last topic?

A big and warm greeting

CMGB

ANSWER: The drug trade is cash. It has had a major impact upon keeping the political governments south of the United States in chaos. In all honestly, if drugs were legalized, it would save so many lives and help reduce crime. In America, many are attracted to selling drugs because of the money they can make without education. South of the border, people are killed and subjected to slavery, tyranny, and political corruption all because of the drug trade. The number of people who die from the violence far exceeds the number of people die of an overdose.

Socrates picks up the cash flows. Much of the money is laundered into real estate around the world, but particularly into Miami.

 

Devin Nunes Responds To Adam Schiff “Subpoenaing” Private Phone Records….


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?

The Senate and Impeachment Dynamic…


As the House impeachment of President Donald Trump becomes more of a forgone political conclusion it’s worth considering what terms and conditions Senate Leader Mitch McConnell will extract in order to preserve a Trump Presidency.

Most political pundits will not correctly outline the status of the possibilities, because most political pundits are willfully blind to the structure of the McConnell Senate.

First, McConnell doesn’t care about holding a majority position in the Senate.  Whether he is a majority leader or a minority leader doesn’t matter to McConnell. In fact McConnell’s political skill-set does better in the minority than the majority.

The preferred political position for Mitch McConnell is where he has between 45 and 49 republican Senators, and the Democrats hold the Majority with around 55.  Of course with Reid’s retirement, this would now be with Majority leader Chuck Schumer holding office.

Why does McConnell prefer the minority position?

The answer is where you have had to actually follow Mitch McConnell closely to see how he works.   When the Majority has around 52 to 55 seats, they need McConnell to give them 8 to 9 votes to overcome the three-fifths (60 vote) threshold for their legislative needs.  It is in the process of trade and payment for those 8 to 9 votes where McConnell makes more money, and holds more power, than as a sitting Majority Leader.

The 60 vote threshold, and McConnell’s incredible skillset in the minority, is where he shines.  Each of the needed votes to achieve sixty is worth buckets of indulgence to the minority leader.  This is why McConnell never changed the Senate rules for legislative passage.

Except for budget passage (reconciliation); and McConnell being forced by intransigence in the era of Trump resistance to change the judicial vote threshold to 51; McConnell would never consider changing the legislative threshold to a simple majority because it would be removing his favored position.  A simple majority vote is adverse to his interests; that’s why he retained it during his reign as majority leader; as did Harry Reid before him.

The vote selling to the 60 vote threshold in the Senate is where the UniParty operates; and where the status of maximum financial benefit for the minority exists.

Currently, as majority leader, McConnell needs to purchase eight or nine votes for each legislative priority.

Mitch McConnell doesn’t like being the purchaser, he prefers being the vote seller where his skill-set as a broker really shines.  McConnell is much better at extracting terms for his vote sales, than being the purchaser for the votes of an intransigent minority wing. This is why the current Senate doesn’t pass many bills.

If Democrats were in the majority, and McConnell was the minority leader, we would see much more legislation pass because Schumer is a more well financed buyer (K-Street) and McConnell is a much better seller.  Whenever we have this minority dynamic it always leaves people confused because few really watch what McConnell is doing.

McConnell takes his favorite twenty controlled GOP senators and brokers their votes on an ‘as needed’ basis.  The eight to ten senators he selects each time get compensated in the process.  McConnell rotates the financial beneficiaries on a bill-by-bill basis.  As a consequence each of the 20 or so McConnell senators gets quite wealthy over time, and McConnell gains additional power and influence.

If any of the republican Senators attempt to disrupt this UniParty business model McConnell excommunicates them from the legislative process; the best reference for the ‘incommunicado’ approach is former U.S. Senator Jim DeMint (R-SC).

Additional references for how McConnell operates this scheme as the Minority Leader can be found in the Corker-Cardin amendment which allowed the Iran nuclear deal/payments under Obama; and/or the “fast track” Trade Promotion Authority deal for TPP passage, again for President Obama’s maximum benefit.   In these examples McConnell worked with Harry Reid to flip the vote threshold from votes to approve, to votes needed to deny.

Within TPP Minority Leader Mitch McConnell was again working on the priorities of U.S. Chamber of Commerce President Tom Donohue.   McConnell and Donohue have been working together on UniParty trade and domestic legislative issues for around twenty years. It is well established that Senate Leader Mitch McConnell has one major career alliance that has been unbroken and unchanged for well over two decades. That alliance is with the U.S. Chamber of Commerce, and specifically with CoC President Tom Donohue.

CoC President Tom Donohue represents Wall Street interests and supports: all multinational trade deals, open-border immigration policies, amnesty legislative constructs, and all of the issues that have generally irked common-sense GOP voters for the same period of time. [SEE HERE and SEE HERE].

Tom Donohue is the biggest lobbyist spender in DC every year, by a mile.

To remind ourselves how Minority and Majority Senator McConnell took down the threat of the Tea Party revisit these old articles CNN Part I and CNN Part II  both showcase how McConnell works.   Then do some research on how McConnell worked with Haley Barbour in Mississippi [SEE HERE].

So the reason for outlining this Senate dynamic is simply to remind everyone that with a Senate impeachment trial coming up, it’s not the 2020 campaign to hold a majority in the senate that matters to Mitch McConnell.  If McConnell can rid himself of Tom Donohue’s nemesis, President Trump, and simultaneously return to his preferred and more lucrative position as minority leader, he would be quite happy.

The first opportunity for leverage over the White House will come in the shape of the Senate “rules of impeachment”.  The senate will have wide latitude in how they set-up the processes and procedures for the trial – and McConnell never misses an opportunity to leverage a “get” from his senate position.

So what will the White House need to give McConnell… or what will McConnell’s ask be, in order to protect the office of the president?  Here’s where you have to remember Tom Donohue and the Wall St priorities.

McConnell (subtext Donohue) would prefer the confrontation with China be eliminated and the tariffs dropped.  Is that too big an “ask”?  Would the White House sell/trade McConnell a China deal for better impeachment terms?

All of these are questions worth pondering now, because there’s no doubt they are being discussed amid those in DC sitting on the comfy Corinthian wing-backs and gleefully rubbing their hands around a well polished mahogany table….

….There are trillions at stake !

 

Chairman Nadler Schedules Next Impeachment Hearing Dec. 9th – Same Date IG Report is Released…


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:

(HJC) The Impeachment Inquiry into President Donald J. Trump: Presentations from the House Permanent Select Committee on Intelligence and House Judiciary Committee  (link)

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.

Chris Heinz’s Dad Endorses Hunter Biden’s Dad – A ‘Protect the Family’ Decision…


Hunter Biden, Chris Heinz and Devon Archer created an international private equity firm. It was anchored by the Heinz family alternative investment fund, Rosemont Capital.

The Rosemont group described themselves as “a $2.4 billion private equity firm co-owned by Hunter Biden and Chris Heinz,” with Devon Archer as “Managing Partner.”

As Vice-President Joe Biden (Hunter’s dad) and Secretary of State John Kerry (Chris’s dad) negotiated sensitive and high-stakes deals with foreign governments, Rosemont secured a series of exclusive financial deals with those same foreign governments. Hunter Biden and Chris Heinz made millions.  Today John Kerry endorses Joe Biden:

In the spring of 2014, Hunter Biden and Devon Archer joined the board of Burisma Holdings, a Ukrainian gas company that was at the center of a U.K. money laundering probe. Over the next year, Burisma reportedly paid Biden and Archer’s companies over $3 million. Because VP Biden’s job overseeing Ukraine was too obvious a construct for the financial influence operation Chris Heinz reportedly cut ties with Hunter and Devon.

President Trump Responds To Speaker Pelosi Announcing Assembly of Articles For Impeachment…


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:

Speaker Pelosi Instructs House Chairman to Assemble Articles of Impeachment…


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.