Pulling Back The Curtain On Over-The-Top Investigation Tactics

On June 6, Real Clear Investigations posted an article by Paul Sperry about the tactics used by the people working with Robert Mueller in the Mueller Investigation. Now that the investigation is complete, some of the people who were investigated feel free to speak out about the extreme tactics used in dealing with witnesses and suspects in this investigation.

The article first deals with general misbehavior by the Mueller team:

Veteran journalist Art Moore was editing a story on the Trump-Russia probe last October when he heard a knock at the door. He saw a couple of men in suits on the front porch of his suburban Seattle home and thought they were Jehovah’s Witnesses making the rounds. But they weren’t missionaries there to convert him; they were FBI agents there to interrogate him, sent by Special Counsel Robert Mueller.

The G-men wanted to talk about WikiLeaks, specifically whether the Trump campaign had any connection to the hacktivist group’s release of thousands of emails stolen from Hillary Clinton’s campaign during the 2016 election.

Art Moore: “They were clearly on a fishing expedition.”

The two FBI agents – cyber-crimes experts Jared Brown and Aleks Kobzanets, the latter of whom had a Russian accent – grilled Moore, an editor for the news site WND.com, for about 90 minutes. Among other things, they asked about former WND correspondent Jerome Corsi and whether he had any advance knowledge of WikiLeaks’ dumps of Clinton campaign emails. Corsi, who is friendly with the president, had used Trump confidante Roger Stone as a source during the campaign.

“They were clearly on a fishing expedition,” Moore said, recounting the incident to RealClearInvestigations publicly for the first time.

“They seemed desperate to find something to hang onto the narrative” of Russian collusion, he said.

The article notes that the accounts of the people interviewed are similar:

Their firsthand accounts pull back the curtain on the secret inner workings of the Mueller probe, revealing how the special counsel’s nearly two dozen prosecutors and 40 FBI agents used harshly aggressive tactics to pressure individuals to either cop to crimes or implicate others in felonies involving collusion.

Although they interacted with Mueller’s team at different times and in different places, the witnesses and targets often echoed each other. Almost all decried what they called Mueller’s “scorched earth” methods that affected their physical, mental and financial health. Most said they were forced to retain high-priced Washington lawyers to protect them from falling into “perjury traps” for alleged lying, which became the special counsel’s charge of last resort. In the end, Mueller convicted four Trump associates for this so-called process crime, and investigated an additional five individuals for allegedly making false statements – including former Attorney General Jeff Sessions.

Some subjects of investigation said Mueller’s agents and prosecutors tried to pressure them into admitting things to give the appearance of collusion. They demanded to know if they had spoken to anyone with a “Russian accent.” They threatened to jail them “for life” and to drag their wives or girlfriends into the investigation.

Former special prosecutors say the tactics used by Mueller’s team appear excessive.

The article then goes on to tell the stories of people specifically targeted during the investigation. I strongly suggest that you follow the link above to read those stories. Investigations in America should not be handled this way.

The article concludes with a statement by former Pentagon inspector general who worked on the Trump campaign, Joseph Schmitz:

Schmitz said Mueller’s investigation was a costly and terrible waste of time. Even federal law enforcement veterans say the probe was overkill.

“[He] put the country through two years of divisive trauma based on an investigation that he knew was baseless,” former FBI agent and lawyer Mark Wauck said.

After the terror attacks of Sept. 11, 2001, Biasello said, he was one of 10 FBI agents selected to serve on Mueller’s team to investigate and research the hijackers assigned to American Airlines Flight 77.

“In this case,” he said, referring to the Trump-Russia probe, “he obviously was corrupted by his personal relationship with [former FBI Director James] Comey and politics. The glaring failure to produce a thread of a case against the president caused him and his office to resort to unethical investigative and prosecutorial methods.”

Ex-Trump campaign official Michael Caputo, who went public earlier, complaining he had to remortgage his house after having to hire expensive Washington lawyers, wants Mueller and his team investigated for “prosecutorial abuses.” “Ruining lives was blood sport for them,” he said.

Moore (veteran journalist Art Moore) agreed: “You look at the lives ruined — Corsi, Michael Flynn and others. That alone is enough to warrant a special investigation.”

Rules??? What Rules?

The Federalist posted an article yesterday listing five times the Mueller Probe broke basic prosecutorial rules.

The article lists the rules broken:

1. Using Leaks And Press Conferences to Trash Un-charged Targets

Rule 3.8 of the American Bar Association’s rules of professional responsibility for prosecutors provides,

A prosecutor shall, except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.

2. Using Their Power to Crush Client-Attorney Privilege

Rule 3.8 also provides,

A prosecutor shall not subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present client unless the prosecutor reasonably believes:

(1) the information sought is not protected from disclosure by any applicable privilege;

(2) the evidence sought is essential to the successful completion of an ongoing investigation or prosecution; and

(3) there is no other feasible alternative to obtain the information;

3. Prosecuting Despite Knowing They Can’t Prove Their Case

Rule 3.8 also provides “The prosecutor in a criminal case shall: refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause.”

Notwithstanding that the key collusion allegation had already been disproven before Mueller first turned on the lights in the special counsel’s office, for nearly two years Mueller has been trying President Trump in the court of public opinion. This is more than a mere expression. The venue for trying the president is in the Senate under Article I, Section 3 of the Constitution, and the constitutional framers always intended that senators make their decisions based in part on the opinions of the electorate they represent.

4. Special Counsels Aren’t Supposed to Be a Partisan Hit Squad

Federal law regarding the “Independence of the Special Counsel” says: “An individual named as Special Counsel shall be a lawyer with a reputation for integrity and impartial decisionmaking, …. The Special Counsel shall be selected from outside the United States Government.”

Mueller should not have been selected as the special counsel, due to his close personal relationship with Comey. Further, his entire staff was clearly not impartial.

As one example, the prominent attorney Jeannie Rhee worked for the Clintons to keep Hillary’s emails out of public view only months before joining the Mueller team to investigate Hillary’s political opponent. Clinton might face legal consequences for secretly starting the Russia collusion hoax using campaign funds.

5. Rosenstein Used His Government Position to Protect Himself

Federal conflict of interest law (28 C.F.R. § 45.2 (a)) says:

Unless authorized under paragraph (b) of this section, no employee shall participate in a criminal investigation or prosecution if he has a personal or political relationship with: (1) Any person or organization substantially involved in the conduct that is the subject of the investigation or prosecution; or (2) Any person or organization which he knows has a specific and substantial interest that would be directly affected by the outcome of the investigation or prosecution.

The article concludes:

The get-Trump crowd has been carrying the scorpion of the Mueller investigation on their backs for nearly two years. The damage this has done to America may never be undone. The zealots claiming Trump to be a threat to the rule of law have proven themselves right by using their outrage to trample important constitutional principles such as the presumption of innocence, the right to defend oneself from criminal accusations, attorney-client privilege, and the right to be free from unreasonable searches.

None of that seemed important if we truly had a Russian agent occupying the White House. But we don’t. The anti-Trump zealots, not Trump, threatened these cherished principles that ensure equal treatment under the law for all Americans, even the president, regardless of political party.

The people responsible for the abuse of the role of the Special Counsel need to be held accountable. Otherwise, anytime someone the deep state disapproves of is elected, we will go through this entire scenario again. Rules were broken, attorney-client privilege was totally disregarded, and innocent people had their lives ruined simply because they tangentially worked with President Trump. That is unacceptable. The price paid by those who engineered and carried out this travesty needs to be so high that no one will ever attempt it again. This truly was an attempted coup. Those responsible need to pay the appropriate price.

The Democrats’ First Proposal Upon Taking Control Of The House Of Representatives

The first bill introduced in the House of Representatives when the Democrats took over was H.R. 1. The bill was sponsored by Representative John P. Sarbanes of Maryland and is called the “For the People Act of 2019.” Great, only it’s really not for the people–it’s for bigger federal government and smaller state governments.

Politifact posted an article on February 8th about the bill.

The article mentions some of the demands the bill would make on states:

• Offer online voter registration;

• Establish automatic voter registration;

• Allow voter registration on the day of a federal election;

• Allow voters to correct their registration information at the polls;

• Restore voting rights to felons after they leave prison;

• Offer at least 15 days of early voting; and,

• Follow new rules before purging voters from registration lists.

The bill also has several measures related to campaign finance or ethics:

• Require super PACs to disclose donors who give more than $10,000;

• Require major online platforms to maintain an online public record of people who buy at least $500 worth of political ads; and

• Use public financing to match small dollar donations to House and presidential candidates.

There are also some other interesting items in the bill listed in a pjmedia article of January 10th:

It forces states to implement mandatory voter registration. If someone is on a government list — such as receiving welfare benefits or rental subsidies — then they would be automatically registered to vote. Few states have enacted these systems because Americans still view civic participation as a voluntary choice.

…H.R. 1 would also force states to have extended periods of early voting, and mandates that early voting sites be near bus or subway routes.

…H.R. 1 also undermines the First Amendment by exerting government control over political speech and undoing the Supreme Court’s Citizen’s United decision.

The proposal also undoes another Supreme Court decision. In Husted, a case arising out of Ohio, the Court ruled that federal laws — known as “Motor Voter” — do not prohibit states from using a voter’s inactivity from triggering a mailing to that voter to see if they still are living at that location. H.R. 1 would undo that ruling and prohibit states from effectively cleaning voter rolls.

For further information follow the link to the pjmedia article.

Article 1 Section 4 of the U.S. Constitution states:

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.

States are given the authority to hold elections. To put the federal government in charge of elections is to open the door for fraud on a large scale. That is exactly what H.R. 1 does.

But It Sounds So Wonderful

Sometimes I wonder if anyone in Congress has actually read the U.S. Constitution.

Shmoop states:

Clause 1. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

The Constitution generally leaves it up to the states to organize congressional elections, but gives Congress the power to set new rules for federal elections as it sees fit. In 1842, Congress passed an important law requiring single-member district elections in every state, standardizing congressional election practices nationwide. The same law set one standard Election Day—the Tuesday after the first Monday in November—throughout the country. We still use the same Election Day today.

On Thursday PJ Media reported that one of the top legislative priorities of the new House of Representatives is the passage of H.R. 1.

The official name of the bill is:

H.R.1 – To expand Americans’ access to the ballot box, reduce the influence of big money in politics, and strengthen ethics rules for public servants, and for other purposes.

If only that were what the bill is actually about.

These are some of the provisions of H.R.1 listed in the article:

It forces states to implement mandatory voter registration. If someone is on a government list — such as receiving welfare benefits or rental subsidies — then they would be automatically registered to vote. Few states have enacted these systems because Americans still view civic participation as a voluntary choice. Moreover, aggregated government lists always contain duplicates and errors that states, even without mandatory voter registration, frequently fail to catch and fix.

H.R. 1 also mandates that states allow all felons to vote. Currently, states have the power under the Constitution to set the terms of eligibility in each state. Some states, like Maine, have decided that voting machines should be rolled into the prisons. Other states, like Nevada, have chosen to make a felony a disenfranchising event.

…H.R. 1 would also force states to have extended periods of early voting, and mandates that early voting sites be near bus or subway routes. While purportedly designed to increase participation, early voting has been shown to have no effect on turnout.

…H.R. 1 also undermines the First Amendment by exerting government control over political speech and undoing the Supreme Court’s Citizen’s United decision.

The proposal also undoes another Supreme Court decision. In Husted, a case arising out of Ohio, the Court ruled that federal laws — known as “Motor Voter” — do not prohibit states from using a voter’s inactivity from triggering a mailing to that voter to see if they still are living at that location. H.R. 1 would undo that ruling and prohibit states from effectively cleaning voter rolls.

You get the picture. Please follow the link to read the entire article. Aside from the fact that most of H.R. 1 in unconstitutional, it is a naked power grab by the new House of Representatives. It needs to be stopped cold.

A Step In The Right Direction

The Washington Free Beacon posted an article this morning about California and voting.

The article reports:

California and Los Angeles County have agreed to purge as many as 1.5 million inactive voter registrations across the state as part of a court settlement finalized this week with Judicial Watch, a conservative watchdog.

Judicial Watch sued the county and state voter-registration agencies, arguing that the California government was not complying with a federal law requiring the removal of inactive registrations that remain after two general elections, or two to four years.

In August 2017, Judicial Watch reported:

Judicial Watch announced it sent a notice-of-violation letter to the state of California and 11 of its counties threatening to sue in federal court if it does not clean its voter registration lists as mandated by the National Voter Registration Act (NVRA). Both the NVRA and the federal Help America Vote Act require states to take reasonable steps to maintain accurate voting rolls. The August 1 letter was sent on behalf of several Judicial Watch California supporters and the Election Integrity Project California, Inc.

In the letter, Judicial Watch noted that public records obtained on the Election Assistance Commission’s 2016 Election Administration Voting Survey and through verbal accounts from various county agencies show 11 California counties have more registered voters than voting-age citizens: Imperial (102%), Lassen (102%), Los Angeles (112%), Monterey (104%), San Diego (138%), San Francisco (114%), San Mateo (111%), Santa Cruz (109%), Solano (111%), Stanislaus (102%), and Yolo (110%).

In the letter, Judicial Watch noted that Los Angeles County officials “informed us that the total number of registered voters now stands at a number that is a whopping 144% of the total number of resident citizens of voting age.”

Under Section 8 of the NVRA, states are required to make a reasonable effort to remove the names of ineligible voters from official lists due to “the death of the registrant” or “a change in the residence of the registrant,” and requires states to ensure noncitizens are not registered to vote.

There is “strong circumstantial evidence that California municipalities are not conducting reasonable voter registration list maintenance as mandated under the NVRA,” Judicial Watch wrote in the notice letter sent to California Secretary of State Alex Padilla.

Because the states refused to supply information to the President’s Commission to study election fraud, private groups like Judicial Watch have to to the work themselves. It is good to see that the work of protecting the votes of American voters who are legal voters is proceeding.

More Shark Jumping In The House Of Representatives

While our southern border remains porous, the new majority of House Democrats is busy. On January 3rd, The Hill reported that Representative Julia Brownley of California has introduced a bill to rewrite federal laws with gender-neutral terms, codifying the progressive ideological tenet that distinctions between men and women are exclusionary.

The article reports:

The Supreme Court legalized same-sex marriage nationwide in 2015, but LGBT rights advocates say discrimination against same-sex couples still persists.

Lambda Legal, a civil rights group, has filed two lawsuits in the past year challenging the Social Security Administration’s requirement that couples be married for at least nine months to qualify for survivor’s benefits.

Brownley introduced a similar bill in the previous Congress, and before that the bill was championed by former Rep. Lois Capps (D-Calif.). The measure failed to make it out of committee.

Brownley said the new legislation will “recognize and re-affirm that all Americans have the right to marry the person they love, to ensure no one is denied federal benefits and protections because of who they love, and more broadly to make sure that same sex couples are treated equally under the law in all respects.”

If the law requires that all couples must be married for at least nine months to collect survivor’s benefits, how is that discriminatory? I think this proposed law is another example of the children’s book If You Give A Mouse A Cookie.

 

An Unfortunate Decision

Fox News is reporting the following:

U.S. District Judge Bernard Friedman ruled that Congress had no authority to enact a law that criminalizes female genital mutilation (FGM). “As despicable as [FGM] may be… [Congress] overstepped its bounds” by banning the procedure, the judge said.

FGM is a procedure that leaves the victim scarred for life and can cause serious medical problems as she gets older. It is barbaric. It should be banned by cultural norms, but because of the Muslim influences in our government, a judge has allowed the procedure to continue.

The article continues:

Michigan state Sen. Rick Jones also slammed the ruling.

“I’m angry that the federal judge dismissed this horrific case that affected upwards of a hundred girls who were brutally victimized and attacked against their will,” he said in a statement. “This is why it was so important for Michigan to act. We set a precedent that female genital mutilation will not be tolerated here … I hope other states will follow suit.”

The case in Michigan prompted state officials to pass a state law officially banning FGM. The law carries a penalty of 15 years in prison for assisting or performing the procedure, but applies only to future instances. Nagarwala and other members of the sect were charged under an old federal law passed by Congress.

The federal law was passed in 1996 under the Commerce Clause of the Constitution. The federal judge ruled the banning of the procedure under the clause was unconstitutional.

“There is nothing commercial or economic about FGM,” Friedman wrote in the opinion. “[FGM] is not part of a larger market and it has no demonstrated effect on interstate commerce. The Commerce Clause does not permit Congress to regulate a crime of this nature.”

Shannon Smith, Nagarwala’s lawyer, told the Free Press that they are “unbelievably happy” after the judge’s ruling, saying “The impact is huge. It eliminates four defendants from the indictment, and it severely punctures major holes in the government’s case.”

FGM is not an acceptable practice, and all states need to ban the practice immediately. FGM is barbaric and has severe negative health implications for the children who undergo it.

Where In The World Does This Appear In The U.S. Constitution?

The Gateway Pundit reported today that the State of Maryland has filed a legal objection to President Trump’s appointment of Matthew Whitaker as acting Attorney General. When did state courts have any say over presidential appointments?

The article notes:

The state seeks a preliminary injunction that prevents the federal government from responding to the suit while Whitaker appears as acting attorney general. Instead, Maryland requests a declaration that Deputy Attorney General Rod Rosenstein is the acting attorney general.

Jonathan Turley posted an article about the apointment of Matthew Whitaker.

The article states:

However, this morning some members and commentators have declared that Whitaker cannot serve as an Acting Attorney General under federal law.  I have to disagree.  While not getting into the merits of the selection, it seems clear to me that, under 5 U.S.C. 3345, that Whitaker does indeed qualify.  (This of course does not address the long-standing debate over the constitutionality of such laws.  A challenge can be made under the Appointment Clause of the Constitution, mandating that a “principal officer” in the federal government may not be appointed without Senate confirmation).

…I fail to see the compelling argument to disqualify Whitaker. Any challenge would face added challenge of finding someone with standing, though Mueller could contest an order on the basis of the legal status of Whitaker. That would make for an interesting challenge but the odds would be against Mueller over the long course of appeals.

The motive behind the lawsuit evidently has to do with fear that Matthew Whitaker will shut down the Mueller Investigation. That may be a valid fear, but I think a more valid fear would be that under Matthew Whitaker the Justice Department might actually take another look at how some people handled classified information during the Obama administration. Hillary Clinton was not the only person with classified information on a non-government secured device. An investigation into mishandling of classified information under President Obama would be a serious threat to many people who were in the Obama administration.

 

 

Quite Often There Is A Reason For Protocols And Procedures

The Hillary Clinton private email server scandal is old news. However, there is a new aspect of this story that has just recently come out.

Yesterday The Daily Caller posted an article about the Chinese hacking into Hillary Clinton’s email server.

The article reports:

  • A Chinese-owned company penetrated former Secretary of State Hillary Clinton’s private server, according to sources briefed on the matter.
  • The company inserted code that forwarded copies of Clinton’s emails to the Chinese company in real time.
  • The Intelligence Community Inspector General warned of the problem, but the FBI subsequently failed to act, Texas Republican Rep. Louie Gohmert said during a July hearing.

Wow. The Chinese had all of our classified correspondence from the State Department in real time. That is scary.

The article reports the timeline:

Two officials with the ICIG, investigator Frank Rucker and attorney Janette McMillan, met repeatedly with FBI officials to warn them of the Chinese intrusion, according to a former intelligence officer with expertise in cybersecurity issues, who was briefed on the matter. He spoke anonymously, as he was not authorized to publicly address the Chinese’s role with Clinton’s server.

Among those FBI officials was Peter Strzok, who was then the bureau’s top counterintelligence official. Strzok was fired this month following the discovery he sent anti-Trump texts to his mistress and co-worker, Lisa Page. Strzok didn’t act on the information the ICIG provided him, according to Gohmert.

Gohmert mentioned in the Judiciary Committee hearing that ICIG officials told Strzok and three other top FBI officials that they found an “anomaly” on Clinton’s server.

The former intelligence officer TheDCNF spoke with said the ICIG “discovered the anomaly pretty early in 2015.”

“When [the ICIG] did a very deep dive, they found in the actual metadata — the data which is at the header and footer of all the emails — that a copy, a ‘courtesy copy,’ was being sent to a third party and that third party was a known Chinese public company that was involved in collecting intelligence for China,” the former intelligence officer told TheDCNF.

“The [the ICIG] believe that there was some level of phishing. But once they got into the server something was embedded,” he said. “The Chinese are notorious for embedding little surprises like this.”

As if this were not discouraging enough:

London Center for Policy Research’s vice president of operations, retired Col. Anthony Shaffer, told TheDCNF that Clinton’s server was vulnerable to hacking.

“Look, there’s evidence based on the complete lack of security hygiene on the server. Fourteen-year-old hackers from Canada could have probably hacked into her server and left very little trace,” Shaffer said. “Any sophisticated organization is going to be able to essentially get in and then clean up their presence.”

For a list of the federal laws that may have been violated in setting up the private server go here.

It is difficult to create a totally hack proof server, but had Hillary used her proper email address and government servers, it is much less likely that the Chinese would have been able to obtain the classified information that flowed through the State Department during her tenure. The rules and regulations regarding email by government bureaucrats are there for a reason. Although I have my theories as to why she ignored them, by ignoring them she put national security issues of America at risk. That is not acceptable.

Eventually Justice Shows Up

Most of us remember the stand-off between ranchers and the federal government in Oregon in 2016. Robert LaVoy Finicum was killed during the protests surrounding these events. Yesterday The Wall Street Journal posted an article about W. Joseph Astarita, who was part of the FBI’s Hostage Rescue Team deployed out of Quantico, Va., to assist other state and federal law-enforcement officers during the standoff. Mr. Astarita is now on trial in U.S. District Court in Portland, Ore., on charges of making false statements and obstruction of justice related to the 2016 fatal shooting of Robert LaVoy Finicum.

The article reports:

The trial will bring to a head the tensions between Western ranchers and the government that had been at the heart of the 2016 standoffs. Mr. Bundy’s armed occupation was fueled by the federal prosecution of Oregon rancher Dwight Hammond and his son, Steven, for arson. The duo, who were sentenced to five years in prison, received a presidential pardon earlier this month.

Mr. Bundy was acquitted for his role in the occupation, along with six followers.

The death of Mr. Finicum has spurred outrage among friends and family. They have long accused the government of carrying out a deadly vendetta. While federal investigators determined the rancher was reaching in his coat for a gun when he was shot, supporters said he was surrendering.

“Someone needs to be charged with murder,” said Angie Bundy, wife of Mr. Bundy’s brother, Ryan.

Local law-enforcement authorities also have criticized the Justice Department for Mr. Astarita’s alleged actions. When the indictments of Mr. Astarita were announced last summer, Deschutes County Sheriff Shane Nelson said they “damage the integrity of the entire law-enforcement profession, which makes me both disappointed and angry.”

The original disagreement between the Bundy family and the federal government had to do with federal regulation of grazing lands.

Bobby Jindal On Common Core

On Wednesday, the Daily Caller posted an article about Louisiana Governor Bobby Jindal‘s battle against Common Core. Governor Jindal is fighting Common Core on the grounds that it is a violation of federal law.

The article reports:

In a brief submitted Wednesday as part of a lawsuit against Louisiana’s Board for Elementary and Secondary Education (BESE), Jindal’s attorneys claim that a consortium used to create multistate standardized tests aligned with Common Core was transformed into a cudgel to force states to obey federal edicts on education.

There is nothing in the U.S. Constitution that gives the federal government control over education–that was left to the state and local governments.

The article explains:

“Simply put, PARCC (Partnership for Assessment of Readiness for College and Careers) is the implementation platform for a carefully orchestrated federal scheme to supervise, direct and control educational curriculum, programs of instruction and instructional materials in direct violation of federal law,” the report argues.

PARCC’s creation, as well as the creation of the Smarter Balanced consortium (which serves the same purpose but has different members), was enabled through grants by the federal government through the Race to the Top program. That federal involvement, Jindal’s team argues, irretrievably taints the organization as well as Common Core more broadly, even though the government was not directly involved with the standards’ creation. The Department of Education Organization Act (DOEA) and other federal laws, they say, explicitly bar the Department of Education from taking actions that increase federal control over education.

“Race to [the] Top…effectively coopted Common Core for the federal government, attempting to accomplish indirectly through economic coercion that which the federal government is prohibited from accomplishing directly,” the brief argues.

Common Core is unconstitutional and does not make a positive contribution to the education of our children. How long will it take state to figure that out? Many of them already have.