Heard at the In Re Flynn Hearing


Here’s what may be the money quote from the en banc rehearing of the In Re Michael Flynn mandamus petition at the Court of Appeals for the DC Circuit today. In explaining why the list of reasons for dismissal given to the trial court were sufficient but not necessarily exhaustive, Acting Solicitor General Jeff Wall said—

The AG sees this in context of non-public information. It may be possible that the AG had before him information that he was not able to share with the Court.

Hmmmmm.

UPDATE—See my comment below.

An Interesting Question


Here’s an order from the Court of Appeals for the DC Circuit in the Flynn case—(H/T, @AaronWorthing, @Techno_Fog)

28 USC § 455 deals with the disqualification of judges, and § 455(b)(5)(i) requires a judge to be disqualified when he “[i]s a party to the proceeding[.]”

Is the appeals court considering removing Judge Sullivan from the case because he took the unusual step of hiring counsel and filing a brief opposing Michael Flynn’s petition for a writ of mandamus? In doing so, did he make himself a party in the case?

Stay tuned.

 

18 USC § 1001


(a)Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1)
falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2)
makes any materially false, fictitious, or fraudulent statement or representation; or
(3)
makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.
(b)
Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.
(c)With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to—
(1)
administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or
(2)
any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.

That’s the law Scooter Libby was convicted of violating. It’s the law that Michael Flynn was pressured into pleading guilty to.

It’s being reported that U.S. Attorney John Durham will be interviewing former CIA Director John Brennan. Mr. Durham has already subpoenaed a great deal of Director Brennan’s emails, phone records, and other documents, so the former spymaster should probably choose his words carefully. Or invoke his Fifth Amendment right to silence.

Team Kimberlin Post of the Day


This post titled Connecting Some of the Dots links to an interview Stacy McCain did with Brandon Darby. That interview points out the connections between Team Kimberlin and other leftists. When the post was published eight years ago today, Brett Kimberlin was being referred to a “Lord Voldemort (He Who Must Not Be Named Under Penalty of Peace Order)” because the unconstitutional gag order issued against Aaron Walker was still in effect.

* * * * *

Stacy McCain has published an interview with Brandon Darby about the connections between Brett Kimberlin Lord Voldemort, Neal Rauhauser, and mainstream progressives.

The story seems complicated until you put it into the historical perspective it exists within. Then it is quite simple. Left media doesn’t cover the story because many of them are involved with the networks of operatives we are discussing.

Read the whole thing.

* * * * *

Seriously, go read that interview. It lays out some of the ways that Team Kimberlin has been used as “well funded and organized shock troops whose goal is to destroy anyone who challenges their masters.” Brett Kimberlin has testified under oath that he and his associates were working with the Department of Justice on election hacking during the 2016 election, and he’s been deeply involved with some rather … umm … interesting Ukrainians and Ukrainian-Americans.

Will things get interesting this year?

Lawyers File Amicus Brief in Support of Michael Flynn


A group of lawyers have filed an amicus brief with Judge Sullivan in support of the Government’s motion to dismiss the criminal case against Michael Flynn. Here’s their brief and a list of their names.

I’ve had the privilege of working with a couple of these lawyers on First Amendment related issues.

Unmasked Intelligence


There are several theories floating around the Interwebz about how Michael Flynn’s unmasked name might have turned up in an FBI transcript of a phone call with the Russian ambassador. The recently declassified unmasking record doesn’t appear to show a timely request to unmask Flynn during the period between when the call was made and when other evidence suggests the FBI had the transcript. So how did the get it?

One possible explanation is that the FBI was working with information from a non-U.S. source.

The Five Eyes is a signals intelligence alliance among Australia, Canada, New Zealand, the UK, and the US. Documents leaked by Edward Snowden in 2013 revealed that the Five Eyes has been spying on one another’s citizens and sharing the collected information with each other in order to circumvent their domestic legal restrictions on surveillance of citizens. Thus, if the Australian Signals Directorate successfully wiretaps a Russian, overhears something said by an American, and tips off the FBI, no laws have been broken—just severely bent. I picked the Aussies for that example because of another Australian connection to the Russian Collusion Hoax, but such a signal intercept could have been made by Canada’s Communications Security Establishment, New Zealand’s Government Communications Security Bureau, or the UK’s General Communications Headquarters.

There’s another explanation floating around suggesting the use of a Presidential authorization of a wiretap without a FISA warrant (something that is allowed under FISA). However, such a warrantless wiretap is still supposed to be subject to the same masking requirements as a court authorized one.

Obamagate raises some serious issues. Corruption of public officials is one. An unnecessary weakening of the Fourth Amendment is another.

BREAKING: Chicago Politician Suspected of Corruption


Rumors are circulating that a Chicago politician may have been involved in corrupt activities aimed at preventing the election of a political rival and at the entrapment of a member of that rival’s staff in a false criminal charge.

While the Chicago politician has not commented directly on the matter, a leaked version of a telephone call quotes him as being concerned for the rule of law.

Stay tuned for more as this story develops.

Why Would Adam Schiff Be Panicking?


Now that actual evidence is coming to light, more of the the behind the scenes activities and on camera lies of certain individuals is coming to light. The whole Russia Collusion Hoax was just that—a hoax—and its perpetrators are being exposed.

There never was any evidence of collusion between the Trump campaign and Russia or any other foreign state or entity. This exchange from the December, 2017, interview of Andrew McCabe by the House Select Committee on Intelligence show a typical response to a “what evidence did or do you have” question.Nada. Zilch. Zip.

The whole thing was a fraud.

Of course, Adam Schiff isn’t the first politician who has lied to the public, but his lies have had a much more adverse effect on our country than most. The voters of the 28th District in California own it to the rest of America to turn him out of office.

But loss of his job should be the least of his worries.

A Shopping Suggestion


So the DoJ is moving to drop the false criminal case against Michael Flynn, and the DNI is saying that the Intelligence Community is willing to release testimony transcripts in accordance with the House Intelligence Committee’s 2018 vote. The recommendation to drop the case against Flynn was made by a U. S. Attorney who spent 10 years with the FBI and 10 years as a career prosecutor. The transcripts were cleared by career intelligence officers.

The usual suspects are in a tizzy.

Buy more popcorn.

Team Kimberlin Post of the Day


Brett Kimberlin started his campaign of lawfare against bloggers and certain news organizations because we were writing truthful things about him, and he wanted to shut up down. His efforts backfired in one on the most extreme examples of the Streisand Effect, resulting in even more people paying attention to him and his activities. This post about Brett Kimberlin and Fake News ran three years ago today.

* * * * *

BuzzFeed has a story up about about some forged documents that appear to be a part of a hoax created to cause problems for the Trump administration. BuzzFeed reports that a guy called Yoni Ariel is involved in the scheme. So is Brett Kimberlin.

Ariel recalled that he contacted Kimberlin, who then arranged for him to travel to Washington. Ariel had been sounding alarm bells about Russia’s meddling in the presidential campaign so, he said, Kimberlin wanted him to meet people on Capitol Hill. Kimberlin covered the cost of the trip, according to Ariel.

Ariel had not yet seen the documents at that time, but what he did know about them seemed like exactly the sort of thing Kimberlin was interested in digging up. When told about them, Kimberlin quickly agreed to finance Ariel’s efforts to acquire them, according to Ariel and two people with knowledge of the arrangement.

Kimberlin ultimately covered the costs for Ariel to travel to Rome three times, Ariel said. On the first trip, just before Christmas, Pasetti showed him portions of the documents; on the second trip, a price was negotiated; and on the last one Ariel actually purchased the documents. The $9,000 payment was also covered by Kimberlin, according to Ariel and the two people familiar with the arrangement.

Reached Sunday evening at his home in Maryland, Kimberlin declined to discuss the documents or his relationship with Ariel.

Hmmmmm.

Read the whole thing.

* * * * *

Now, who exactly was colluding with whom to do what?

Bernie Bros and Bernie Bots


The Washington Post reports that Senator Bernie Sanders has received a briefing from intelligence officials claiming that the Russians are acting to interfere in the Democrats’ primaries in support of Sanders. My podcasting partner Stacy McCain has posted his thoughts on the matter, and they’re worth reading.

Yesterday, I pointed out that the 2016 Russian Collusion Hoax never make sense. Why would the FSB or GRU or other Russian organization work to support an American presidential candidate who was promising to take effective actions against Russia’s interests? Russia supporting Trump over Clinton made no sense.

Recycling Russian collusion, this time supporting Sanders, may be a act of desperation by the Democrat establishment, but at least it makes sense.

Sanders claims to be a socialist, but based on his record, it’s probably more accurate to view him as a communist. If one of America’s adversaries were looking to support a politician who would weaken our economy, our military, and our standing in the world, who in the 2020 field of candidates fits the bill better than Sanders? While many Russians are too young to remember the USSR, the country’s leadership does. They saw (and many participated in) they way communism ruined Russia. They are no longer communists because they’ve seen communism fail, but they still think as Marxists, so they view the world in terms of a zero-sum power struggle. The logic of that worldview would lead them to favor candidates such as Corbyn in the UK and Sanders here.

And it is all about power.

The Russian nomenklatura have maintained power by allowing a quasi-Fascist alliance between government and oligarchs to evolve. Similarly, the Deep State has developed alliances throughout the West which are threatened from the Right by Trump and the Left by Sanders. In 2016, the Democrat establishment was successful in suppressing Sanders’ candidacy, but they failed to defeat Trump. Four years later, they’ve failed in their efforts to nullify that election. As one prominent Democrat observed, elections have consequences, and one of the consequences of 2016 is that the Deplorables learned they can push back against the elites and win. The ongoing struggle for command of the Democratic Party will be interesting to watch.

I’m ready for my second cup of coffee this morning. I think I’ll put a bag of popcorn in the microwave as a mid morning snack.

Swamp Draining


President Trump has withdrawn the nomination of Jessie Liu to position at the Treasury Department. According to a post by J. Christian Adams over at PJ Media, the reason for the withdrawal is the President’s disapproval of Liu’s work as the U. S. Attorney for the District of Columbia, and the straw that broke the camel’s back in this case was her office’s sentencing memo for Roger Stone. For lying to the FBI, Democrat senate intelligence staffer James Wolfe who leaked secret data to his girlfriend got 2 months.  Liu’s “career prosecutors” recommended 9 years for the same behavior by Stone.

Adams goes through a long list of biased prosecutions by the “career prosecutors” in Liu’s U. S. Attorney’s office, and concludes—

This was the week that Trump got his sea-legs. He campaigned on draining the swamp, and he has learned how subtle and how sophisticated the swamp is.

Meanwhile, institutionalists, including some Republicans too cowardly to be quoted by name, have gone on record as clutching their pearls at Trump’s actions.  They want the bureaucrats to be unmoored to the executive branch.

The “career lawyers” at the Justice Department did not stand for election and win.  The entire Department should take note.  There is a unitary executive.  Elections matter.  The President ran against the elites who are dispensing biased, sanctimonious unequal justice in Washington D.C.

It shouldn’t surprise anyone that he is keeping his promises.

Read the whole thing.

Given the house cleaning at the National Security Council and the withdrawal of the Liu nomination, I won’t be surprised if there are more vacancies in certain government positions in the near future.

Team Kimberlin Post of the Day


Brett Kimberlin’s campaign of lawfare as a form of brass knuckles reputation management has proven to be an exception to the rule that all publicity is good publicity. The TKPOTD from two years ago today shows one example of why that is so.

* * * * *

After years of frivolous litigation involving multiple LOLsuits (I’ve been a defendant in four of ’em and a bogus peace order petition), The Dread Deadbeat Pro-Se Kimberlin’s campaign of brass knuckles reputation management has been singularly unsuccessful. And now his name is back in the news because of his association with Cody Shearer, the creator of the anti-Trump “Dossier No. 2.”

J. E. Dyer writes about the Shearer/Kimberlin connection in a post over at Liberty Unyielding.

Shearer, besides being a major piece of work in general, played a key role during the George H.W. Bush years, and the first Clinton campaign for the 1992 election, in hyping Brett Kimberlin’s claim that he (Kimberlin) had sold pot to then-Vice President Dan Quayle, years before when Quayle was younger.  Shearer had known Kimberlin for years, in other words, and used his (Shearer’s) journalistic pulpit to retail a politicized narrativeon Kimberlin’s behalf.

But although BuzzFeed and Daily Caller both cite unnamed sources affirming Kimberlin’s marginal role in the “Russia” narrative assembled separately in 2016 (again, Kimberlin denies it), what really completes the circle is Cody Shearer’s membership in the Shearer family, whose ties to the Clintons, including his own, could hardly be closer.

Read the whole thing. And also checkout this post over at The Weekly Standard.

* * * * *

The Washington Examiner now carries the post from the now-defunct Standard.

Kimberlin is a loser. His grandiose drug smuggling scheme failed. He got caught with his bomb making material. He music career dead-ended. He lost his LOLsuits. And he picked the wrong side in the 2016 election and collusion hoax.

Tick, tock.

Dodging a Bullet


The Democrats just got lucky. Now that the Senate has shut down the possibility of further witnesses and testimony, they no longer face the prospect of testimony by Joe or Hunter Biden under oath in the Impeachment Hoax Trial. But that’s not their big win. Trashing the Biden presidential campaign would probably be worth it for the Democrats if they could bring down Donald Trump. What might not be worthwhile from their point of view would be the stories that would come to light in the truthful testimony of individuals such as Eric Ciaramella or Alexandra Chalupa.

There is a reasonable argument to be made for moving on from the House Impeachment Hoax and letting it fade away. That argument is reasonable, but it is also wrong. The Democrats have failed again in their effort to overturn the 2016 election, but they don’t yet seem to have grasped the fact that they’ve lost. They’ll be back for another return grudge match, and they’ll keep coming back until they are finally convinced that they’ve been defeated. (In this sense, they’re not unlike certain Germans after WWI.)

Therefore, there is a strong case to be made for going forward with vigorous investigations, both criminal by the Justice Department and political by the Senate, into the underlying crimes associated with the 2016 election and the subsequent coverups. The facts need to come out, and the bad actors should be held to account. Some politicians should be voted out of office, some bureaucrats’ careers should end, and some people should go to jail. (Note that I wrote “should.” Some corrupt constituencies will reelect corrupt politicians.)

That won’t end the competition between the Left and the Right or between populists and elitists, but it would bring the 2016 election debacle to closure.

A First Class Villain?


There’s a certain comic aspect to Adam Schiff as he spews his lies while prosecuting the House Impeachment Hoax. I suppose that if he were a bit better looking,  a comparison to Snidely Whiplash might be in order. However, what Schiff is doing isn’t only comic. It’s dangerous, so these suggestions by Frank Miele in an article over at Real Clear Politics may be more apt.

Watching Schiff spin his yarns as chief House manager for the impeachment trial of Donald J. Trump reminds me of the great dissemblers of Shakespeare, such as “Honest Iago,” who is only comfortable in his own skin when he is making the skin of others crawl. The “motiveless malignity” that poet Samuel Taylor Coleridge ascribed to Iago is writ large in the perfunctory perfidy that Schiff practices with unassuming ease. He would destroy a king, but he assures us he takes no pleasure in it, wink-wink, nod-nod.

Perhaps I am giving Schiff too much credit. He might be more akin to Monsieur Parolles of “All’s Well That Ends Well,” the arrogant know-it-all whose own words come back to haunt him: “He will lie, sir, with such volubility, that you would think truth were a fool.”

Hmmmm.

Buyer’s Remorse


The Russian Collusion Hoax had failed. The Mueller Report was a nothing burger. So the left wing of the House Democrats sold Nancy Pelosi a bill of goods that finally led to her allowing the Impeachment Hoax to go forward. And then it dawned on the Speaker that it would be Cocaine Mitch who would take charge of the action when the Impeachment reached the Senate.

Now, it may be that she had thought that 2019/202 would be like 1974 and that a group of Republican senators would go to the President and tell him to resign rather than face a trial. But 2020 isn’t 1974. In 1974 there was an underlying crime and a cover up of that crime. In 2020, there’s merely whining about Orange Man Bad. Indeed, it appears that there was significant criminal activity that tainted the 2016 election, but the President was among the victims of those crimes. In 2020, the Republicans in the Senate seem prepared to give the President an opportunity to present his defense, and the President seems to look forward to vindication rather than removal from office.

Hence, the Speaker’s problem. If the case goes forward to the Senate, more of the Truth about who did what is likely to come to light, and that is not likely to be beneficial to Pelosi, her allies, or Democrats as a whole. No wonder she’s having trouble articulating her talking points.

Everything is proceeding as I have foreseen.

 

Interesting Giving


Last week, a must-count indictment was unsealed against Ahmad Khawaja, the CEO of an online payment processing company. He and several others were charged with making and concealing improper and excessive campaign contributions, most related to the 2016 election cycle. Specifically, Khawaja is charged with two counts of conspiracy, three counts of making conduit contributions, three counts of causing excessive contributions, 13 counts of making false statements, 13 counts of causing false records to be filed, and one count of obstruction of a federal grand jury investigation.

There’s a list of his contributions here. I found these to be … um … interesting.Hmmmm.