A Letter and a Memorandum

AG Garland has testified it was the NSBA’s letter suggesting that parents protesting at school board meetings should be investigate as domestic terrorists that provided the basis for his memorandum directing the FBI and US Attorneys to investigate and prosecute parents for protesting against school boards and teachers who insist on indoctrinating children with critical race theory. Now, that the NSBA has apologized for their letter (see below), it would make sense for the Attorney General to withdraw his memorandum. Given that he has also testified that he sees no ethical problem with ordering such an investigation even though his son-in-law is founder of a business selling critical race theory teach materials, I doubt that he will do the right thing.

Don’t Know Much About History

It’s clear that most of the over-credentialed but under-educated members of many school boards who are allowing (or promoting) the introduction of critical race theory and such ahistorical nonsense as the The 1619 Project really don’t understand Marx or the 20th-century history. If they did, they would not be pursing such foolishness. However, there are some on school boards who do understand what they’re trying to foist on the nation’s children. The first bunch may be persuaded to correct their errors. The second lot needs to be removed from any positions of authority.

Parent’s protests have been surprisingly peaceful thus far, but using the FBI in a  attempt to stifle dissent will likely not be helpful. Indeed, an understanding of 18th-century history teaches that heavy-handed government doesn’t sit well with Americans. Imagine the surprise on some school superintendent’s face when he finds that a group of citizens dressed as Indians have thrown the district’s CRT instructional materials into a local body of water.

The protests shouldn’t have to go that far, and I doubt they will if school boards act responsibly. If …

Nothing to See Here. Move Along.

Attorney General Merrick Garland has directed the FBI to investigate parents who are opposing the teaching of Critical Race Theory in their children’s schools. It is reported that Garland’s son-in-law is the co-founder of a company which sells CRT instructional materials to school districts.

OK, You’re Crazy

Found on The Twitterz—

If you think it’s easier to buy a gun than to vote, you’re so detached from Reality that you qualify as crazy.

The last time I voted, I didn’t have to complete an ATF Form 4473 under penalty of perjury, nor did I have to submit to an FBI background check in order to receive my ballot.

And I have family members in Chicago who don’t even have to be alive to vote.

Team Kimberlin Post of the Day

This Prevarication Du Jour from seven years ago to deals with one of more lame attempts by Brett Kimberlin’s PR flacks to favorably spin as story.

* * * * *

So Bill Schmalfeldt is spreading a tale about “the feds” going to visit The Dread Pirate Kimberlin to pick up a copy of his RICO suit …DBR201312060236What a waste of time! “The feds” could have simply downloaded a copy from PACER.pacer13-cv-03059_20131205BTW, the Amended Complaint that TDPK filed with the court is not the same as the one he served on me. Maybe “the feds” were doing a version check.

* * * * *

Oh, the FBI has visited Brett Kimberlin. That’s for sure. But I believe I can safely state the visits were not exactly as Bill Schmalfeldt suggested.

This Week’s Lawsuits

This week Sidney Powell finally released a couple of mid-sized krakens, one in Georgia and one in Michigan. The lawsuit argue the elections in those states were conducted fraudulently and offer testimony (affidavits) and evidence to support the allegations.

In Pennsylvania, a federal judge dismissed the President’s lawsuit over election irregularities, and the Court of Appeals for the Third Circuit affirmed the decision, teeing the case up for the Supremes. Meanwhile, a state judge found that the mail-in balloting probably violated the state constitution, and has issued a temporary injunction stopping certification of the election. Given the state’s Supreme Court’s previous rulings, I’ll bet the injunction is overturned on appeal, but this case provides a second avenue to challenge the fraud in Pennsylvania.

Finally, Carter Page has filed suit against the Department of Justice and several individuals, including James Comey, Andrew McCabe, Peter Strzok, Lisa Page, Kevin Clinessmith, and group of Joe Does, seeking 75 million dollars in damages. The suit is based in the civil damage claims provisions of FISA, the Federal Tort Claims Act, the Privacy Act, and the Supreme Court Bivens decision. Discovery in this case will be interesting.

Certain things will not go away or be swept under the rug regardless of who takes the oath of office in January.

A Civil Rights Victory

James O’Keefe, III, went to buy a firearm a few days ago, and the transaction was denied when he failed the NICS background check. The FBI’s database had him flagged as a felon, but he’s never been convicted of a felony. O’Keefe sued the FBI. Townhall reports that the FBI has rather expeditiously corrected their error and removed him from the list of prohibited persons.

Sitting on Evidence

There are perfectly good reasons why a law enforcement agency will sit on evidence rather than acting on it immediately. For instance, they may be using it to develop leads in a wide ranging case. OTOH, … well, given the FBI’s recent behavior, these items in the recently unsealed papers from the Guiffre v. Maxwell lawsuit might cause some eyebrows to raise.

This is from the Plaintiff’s Response to the Defendant’s Motion for Summary Judgment— This is from Plaintiff’s Statement of Contested Facts—

Hmmmmm.

Legal Sewerage

Last night, documents related to the case number 15-cv-07433 in the U. S. District Court for the Southern District of New York were unsealed pursuant to an order from the Second Circuit Court of Appeals. The case is styled Virginia L. Giuffre v. Ghislaine Maxwell.  The suit is a defamation case centered around statements Mrs. Guiffre made about Ms. Maxwell and her association with Jeffrey Epstein. Maxwell had moved for summary judgment in the matter, claiming that the undisputed facts demonstrated that she was entitled to win the case as a matter of law. The judge found there were disputed facts which should be tried by a jury and denied the motion. The judge’s opinion and the evidence submitted to the court by both sides for and against the motion had been sealed. Reporters sought to have the record unsealed. Various people mentioned in the evidence sought to have it kept sealed. It’s now unsealed with minor redactions such as the names of underage children.

I’ve downloaded the files.

After a quick skimming, the evidence seems to confirm some of the things that many people suspected about the case. Certain people and organizations may see their reputations affected negatively. One of those organizations is the FBI. I plan to have a post about that later.

Stay tuned.

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.

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.

And In Other News …

… there are things happening that aren’t related to the Wuhan virus pandemic.

Perhaps the most significant political development over the past few days has been the release of FBI and DoJ paperwork, including handwritten notes, about the Flynn case and how that investigation was handled. At first blush, the documents seem to paint a picture of official corruption, suggesting not only that General Flynn should be exonerated, but that some government officials may deserve disbarment, jail time, and other sanctions.

The optics of the story aren’t good for the Deep State, but they could be even worse for the Democrats who are on the verge of nominating a key figure of the administration that corruptly used the Deep State for its political ends. The opposing sides campaign ads almost write themselves.

On The Other Podcast last Saturday I suggested that the smarter members the Democrat/Media/Deep State complex will use Tara Reade’s accusations against Joe Biden as the way to prevent his nomination (“See. We believe this woman.”) now that he’s served the purpose of stopping the Bernie Bros from seizing the party. The process has started; WaPo has published an opinion piece calling for Biden to address Ms. Reade’s claims. The coming fight for control of a brokered convention should be interesting to watch. I have no idea who will crawl out from under which rock and grab the nomination.

Buy more popcorn.

Double Plus Untrue

Yesterday, two sources one would normally associate with support for the Deep State delivered news that exposed lying by government agencies. First, WaPo published an extensive article based on a lessons learned report by the Special Inspector General for Afghanistan Reconstruction that contain details about how multiple government agencies had misrepresented the “progress” in the Afghan War to the American public. Then, another report was publicly issued Department of Justice IG which detailed lies told by the FBI to deceive the FISA court to issue surveillance warrants against Carter Page and other malfeasance associated with the Russia Collusion Hoax.

You know, it’s almost enough to make one think that the swamp really does need draining and that some (or all) of the dangerous reptiles be dealt with.

Bipartisanship

Overnight, the FBI completed its expanded investigation relating to the Kavanaugh nomination and delivered its report to the White House. The report was forwarded to the Senate Judiciary Committee and is being made available to Senators for review. The White House has stated that the report contains nothing that should stop the nomination. Assuming that the Democrats can’t figure out how to spin some information in the report, we should expect some of them to criticize the FBI for delivering a report that does not support their position. (“Too hasty.” “Arbitrary time constraints.” “Yada, yada, yada”)

Given that the President has been criticizing the FBI for going on two years now, I suppose the pending criticism from the Democrats will be an example of what passes for bipartisanship these days. Mitch McConnell is scheduling the cloture vote on the nomination for Friday. We’re almost done.

Meanwhile, the Democrats’ overreach, especially during last week’s hearing, appears to have backfired. Not only did they wind up energizing the likes of Lindsey Graham, they’ve stirred up the Republican voter base. (My podcasting partner Stacy McCain has more about that here.) A large turnout of Republican voters next month could turn a blue wave red.

Everything is proceeding as I have foreseen.

Nothing to See Here. Move Along.

Zero Hedge reports that John Podesta’s best friend in the Justice Department will oversee the further investigation of Huma Abedin’s emails.

Kadzik… Kadzik… where have we heard that name?

Oh yes. Recall our post from last week, “Clinton Campaign Chair Had Dinner With Top DOJ Official One Day After Hillary’s Benghazi Hearing” in which we reported that John Podesta had dinner with one of the highest ranked DOJ officials the very day after Hillary Clinton’s Benghazi testimony?

It was Peter Kadzik.

Read the whole thing

A RICO Enterprise?

There was a post up briefly at HuffPo over the weekend claiming that the FBI was ready to seek an indictment of Hillary Clinton. HuffPo has taken down the article by freelance contributor Frank Huguenard with no explanation.

Breitbart (a codefendant of mine in bogus lawsuits, including one that claimed we were a RICO enterprise) reports:

Huguenard, an apparent Bernie Sanders supporter judging by his Twitter account, wrote that the FBI will recommend indicting Hillary Clinton on racketeering charges.

Huguenard wrote:


James Comey and The FBI will present a recommendation to Loretta Lynch, Attorney General of the Department of Justice, that includes a cogent argument that the Clinton Foundation is an ongoing criminal enterprise engaged in money laundering and soliciting bribes in exchange for political, policy and legislative favors to individuals, corporations and even governments both foreign and domestic.

Read the whole thing.

Team Kimberlin Post of the Day

The Dread Pro-Se Kimberlin has been trying to get information from the FBI that he hopes will help him with his lawfare. His most recent effort along those line is this motion he filed in the Kimberlin v. Frey RICO Remnant LOLsuit.

I found Exhibit A interesting. It seems that TDPK was trying to subpoena the testimony of an FBI agent concerning that agency’s investigations of the Frey and Walker SWATings thinking it would help him with the Kimberlin v. Walker, et al. nuisance lawsuit.

Hmmmmm.

The FBI, the Army, and 9 mm

The Army is looking to replace its current stock of M9 and M11 9 mm pistols with newer, more modern weapons. One interesting twist in the request for submissions from potential vendors is that the choice of caliber has been left open. This has led to speculation that the Army may wind up joining the Coast Guard in adopting the .40 S&W round or the Marines who have partially readopted .45 ACP. Some have suggested that the .357 Sig round might be chosen.

Meanwhile, the FBI has announced that it will begin transitioning its agents from .40 S&W to 9 mm. Apparently, a significant number of Special Agents have difficulty mastering a pistol chambered for the more powerful round. Given that 9 mm ammunition has been greatly improved over the past couple of decades (and is significantly less expensive than .40 S&W), the change is not unreasonable for a large, bureaucratic organization.

If the Gentle Reader were to spend some time pursuing the comments on various sites reporting on these two stories, he will find them filled with the pontifications of a plethora of Internet arm chair experts, almost none of whom have any real world experience or practical knowledge of combat shooting with a handgun. My personal preference is for a Model 1911 pistol in .45 ACP, but that is based on my training and actual combat experience. I suspect that the FBI will wind up swapping their .40 Glocks for 9 mm Glocks or something very similar. It will be interesting to see what wins the Army’s shootout.

Team Kimberlin Post of the Day

Here’s some more of The Dread Pro-Se Kimberlin’s whining from his proposed second amended complaint for his Kimberlin v. The Universe, et al. RICO Madness.ECF 100-99Now, I can understand why TDPK is a bit edgy around FBI agents. Not all his experiences with them have been comfortable for him.ECF33-2

U.S. v. Kimberlin, 805 F.2d 210, 228 (7th Cir. 1986)

‘Nuff said.