Turning Jurisprudence On Its Head

Robert Mueller made a statement at the Department of Justice today. He officially ended his investigation and resigned. However, he did it in a way that was totally in conflict with American jurisprudence.

Townhall reported on Mueller’s statement. Here is one quote:

“I’m speaking out today because our investigation is complete,” Mueller said. “We are formally closing the Special Counsel’s office and I am resigning from the Department of Justice to return private life.”

Fox News reported some other quotes from today:

Mueller, speaking from the Justice Department Wednesday morning, announced the closing of his office and detailed the findings of the Russia investigation, underscoring that there “was not sufficient evidence to charge a conspiracy” with regard to whether members of the Trump campaign coordinated with the Russian government during the 2016 presidential election.

…But Mueller did not mince words on his inquiry into whether the president obstructed justice.

“If we had had confidence that the president clearly did not commit a crime, we would have said that,” Mueller said. “We did not determine whether the president did commit a crime.”

Mueller’s job was to determine if the President committed a crime–if there was no evidence of a crime, then it was not up to Mueller to determine whether or not a crime was committed–his job was to follow the evidence. The President, just like any other citizen, is innocent until proven guilty.

The statement was a farce for a number of reasons.

Mueller would not take questions. President Trump was never given an opportunity to fact his accusers. No one was allowed to cross examine Mueller. Mueller was not going to let the Republicans question him on the basis for the investigation, the role of the Steele Dossier in the FISA warrants, the role of the Clinton campaign in the Steele Dossier, or when during the investigation he realized that there was no there there. It’s interesting that Peter Strzok realized as Mueller was putting his team together that there was no there there (see emails between Peter Strzok and Lisa Page). If Peter Strzok could figure that out, couldn’t Mueller? There will always be a question as to whether or not Mueller prolonged the investigation until after the mid-term elections in order to help the Democrats.

Unfortunately the Democrats seem to have forgotten the concept of innocent until proven guilty. After thirty-plus million dollars, President Trump has not been proven guilty. It’s over. From now on, this is simply harassment of the President and his family. If you support the House of Representatives continuing on this path, understand that in the future the power of government could be turned on anyone who is upsetting the establishment. Is that a country you want to live in?

 

 

The Saga Continues

Andrew McCarthy has an article up at The National Review today about the roots of the Russian collusion investigation. The title of the article is, “The FBI’s Trump-Russia Investigation Was Formally Opened on False Pretenses.”

Meanwhile, CNN is reporting today:

If Democrats are not careful, they will end up in the worst of all political worlds.

Since the release of the Mueller report, the party’s leadership in Congress has been extraordinarily hesitant about taking the logical next steps. Faced with a 400-plus page report documenting extensive efforts by the President of the United States to obstruct justice, House Democrats have punted — making it pretty clear that impeachment proceedings will not be happening any time soon.

Even as the attorney general takes extraordinary steps to obstruct the subsequent hearings into obstruction, Democratic leaders remain tepid about any conversation that involves impeachment.

Okay. Let’s go back to some basic tenants of American law. First of all, you are innocent until proven guilty. The Mueller Report specifically stated that they could not find the evidence to prove President Trump guilty of anything. That means according to our laws, he is presumed innocent. Second of all, how can you have obstruction when there was no crime involved?

The CNN report is totally misleading and divisive. It states that the President obstructed justice when the Mueller Report concluded that there was no evidence to support that claim.

So let’s look at what Andrew McCarthy has to say about the root of this witch hunt:

Chicanery was the force behind the formal opening of the FBI’s Trump-Russia investigation. There was a false premise, namely: The Trump campaign must have known that Russia possessed emails related to Hillary Clinton. From there, through either intentional deception or incompetence, the foreign ministries of Australia and the United States erected a fraudulent story tying the Trump campaign’s purported knowledge to the publication of hacked Democratic National Committee emails.

Andrew McCarthy points out in his article that in order to begin surveillance on the Trump campaign, the State Department and the FBI had to find something other than the Steele Dossier to base their claims on. They set up George Papadopoulos.

The National Review article lists some of the connects of the people involved in setting up the scam:

The State Department (very much including the American embassy in London) was deeply in the tank for Clinton. Downer has a history with the Clintons that includes arranging a $25 million donation to the Clinton Foundation in 2006, when he was Australia’s foreign minister and then-senator Hillary Clinton was the favorite to become U.S. president in 2008. For years, furthermore, Downer has been closely tied to British intelligence, which, like the British government broadly, was anti-Trump. (More on that in the future.)

The State Department’s Dibble immediately sent Downer’s information though government channels to the FBI.

About three weeks earlier, Victoria Nuland, the Obama administration’s top State Department official for European and Eurasian affairs, had supported the FBI’s request to meet former British intelligence officer Christopher Steele in London. Steele was the principal author of the Clinton-campaign-sponsored faux intelligence reports (the unverified “Steele dossier”), which claimed — based on anonymous sources and multiple layers of hearsay — that Russia was plotting to help Trump win the election, and that it had been holding compromising information about Hillary Clinton.

On July 5, Agent Michael Gaeta, the FBI’s legal attaché in Rome (who had worked with Steele on the FIFA soccer investigation when Steele was still with British intelligence), met with Steele at the latter’s London office. Steele permitted him to read the first of the reports that, over time, would be compiled into the so-called dossier. An alarmed Gaeta is said to have told Steele, “I have to report this to headquarters.”

It is inconceivable that Gaeta would have gone to the trouble of clearing his visit to London with the State Department and getting FBI headquarters to approve his trip, but then neglected to report to his headquarters what the source had told him — to wit, that the Trump campaign was conspiring with the Kremlin to undermine the 2016 election.

As I have previously detailed, after the hacked DNC emails were published, Steele (whose sources had not foretold the hacking by Russia or publication by WikiLeaks) simply folded this event into his preexisting narrative of a Trump-Russia conspiracy.

Prior to early July, when the FBI began receiving Steele-dossier reports (which the State Department would also soon receive), the intelligence community — particularly the CIA, under the direction of its hyper-political director, John Brennan — had been theorizing that the Trump campaign was in a corrupt relationship with Russia. Thanks to the Steele dossier, even before Downer reported his conversation with Papadopoulos to the State Department, the Obama administration had already been operating on the theory that Russia was planning to assist the Trump campaign through the anonymous release of information that would be damaging to Clinton. They had already conveniently fit the hacked DNC emails into this theory.

Downer’s report enabled the Obama administration to cover an investigative theory it was already pursuing with a report from a friendly foreign government, as if that report had triggered the Trump-Russia investigation. In order to pull that off, however, it was necessary to distort what Papadopoulos had told Downer.

To repeat, Papadopoulos never told Downer anything about emails. Moreover, the Mueller report provides no basis for Papadopoulos to have known that Russia was planning the anonymous release of information damaging to Clinton in order to help Trump; nor does the Mueller report allege that Papadopoulos actually told Downer such a thing.

The State Department’s report to the FBI claiming that Papadopoulos had “suggested” these things to Downer was manufactured to portray a false connection between (a) what Papadopoulos told Downer and (b) the hacking and publication of the DNC emails. That false connection then became the rationale for formally opening the FBI’s Trump-Russia investigation — paper cover for an investigation of the Trump campaign that was already under way.

CNN either doesn’t know the truth or chooses not to report it accurately. Either way, they are doing a disservice to Americans by misleading them on the facts of the case.

When You Lose One Fight, Revisit Another One

It hasn’t been a good couple of weeks for angry Democrats and Trump-haters. The Mueller Report was just not useful in the quest to impeach President Trump, the economy is doing better than expected, unemployment is low, the stock market is high, and the workforce participation rate is slowly climbing back to pre-2008 levels. Meanwhile, President Trump’s rallies are extremely well attended. So what can an angry Democrat do now? Rewrite history and get angry at Justice Kavanaugh.

The Washington Free Beacon posted an article yesterday with the headline, “Dark Money Leftist Group Runs Facebook Ads Targeting Kavanaugh.” The man was confirmed, the allegations were never proven, there was a lack of consistency in the story told, and Justice Kavanaugh is considered innocent until proven guilty. It’s time to let it go.

The article reports:

A dark money progressive organization hoping for a leftward turn on the courts is targeting Justice Brett Kavanaugh with advertisements, suggesting the Court is illegitimate following his elevation last October.

“Brett Kavanaugh’s performance during his testimony in front of the Senate was a disgrace. His blatant partisan attacks and hostile behavior towards senators calls into question his ability to serve as a fair and impartial judge. His conduct undermines the legitimacy of his decisions and the entire Supreme Court,” the ad reads.

“We’re calling on Congress to open an investigation into Kavanaugh right now.”

Other ads by the group Demand Justice alleged there was “overwhelming evidence that Supreme Court Justice Brett Kavanaugh committed perjury during his confirmation hearings before the Senate” and also urged George Mason University to “fire” Kavanaugh from teaching a summer course at the Virginia school.

The article concludes:

Carrie Severino is chief counsel and policy director of the Judicial Crisis Network, which, according to its website, advocates for the rule of law consistent with the “Constitution and the Founders’ vision of a nation of limited government.”

She says Democrats and others on the left failed at phase one and two of their campaign, to delay and then defeat Kavanaugh’s nomination, and have moved on to phase three: discredit.

“Knowing that they failed even with historic levels of dirty politics, smear campaigns to get him off the court, they’re hoping they can discredit him at every future decision that he makes,” Severino told the Washington Free Beacon.

“It’s the last refuge of scoundrels,” she added later. “If you can’t actually win on the merits of your arguments, you can’t say ‘well, he’s wrong on the law,’ and then explain your constitutional or legal reasoning, then you just go for ad hominem attacks. This is a variation of that theme.”

Requests for comment to Demand Justice were not returned.

If this continues, is anyone going to want to accept an appointment to high office or want to work for the government? The group can buy all of the ads they want, but the American people need to be smart enough to ignore those ads and make them a waste of money.

Congress Is Hearing From The Grass Roots

Yesterday I attended the Rally for the Republic in Washington, D.C., sponsored by Freedom Works. I boarded the bus to Washington at 1 am. I arrived home at about 11 o’clock last night. I mention that because I am a person who loves my sleep, but the rally was important enough to me to give up a lot of that sleep to attend.

Here are two pictures from the rally:

It was a hot, humid day. Two people were carried away by ambulance because of problems related to the heat. I have no idea how many people were there, but there were a lot of people, and they were angry about the circus the confirmation process for Brett Kavanaugh has become.

The rally had two main focuses–the confirmation of Brett Kavanaugh and the election of Jim Jordan as Speaker of the House. Both causes were enthusiastically supported by the crowd that attended.

The average American recognizes a smear when he sees it. Professor Ford may have been assaulted, but there is some real question as to the accuracy of her memory of the incident and as to the guilt of Judge Kavanaugh. Because there is no pattern that continued into adulthood, I believe he needs to be given the benefit of the doubt. We might also remember that innocent until proven guilty is one of the foundational blocks of our justice system. Evidently there are many people who feel that Judge Kavanaugh should be confirmed.

It is time to move forward and confirm Judge Kavanuagh.

 

Telling The Truth While Being Asked Inane Questions

I don’t know anything about Florida Governor Rick Scott, but I love the way he handled this reporter. Watch the video (posted at YouTube). I don’t know that I could have been so patient::

 

There are a few facts here that are either unintentionally or intentionally misrepresented. First of all, the gunman did not use an AR-15. (Just for the record, even if he had an AR-15, an AR-15 fires one shot every time you pull the trigger–it is NOT an automatic weapon–it is just a scary-looking rifle.) He used a Sig Sauer MCX rifle. Similar, but again, not an automatic weapon. About the idea of taking guns away from people on the terrorist watch list or the no-fly list. Oddly enough, this is a really dangerous idea in relation to the U.S. Constitution. Both these lists (aside from their record of inaccuracy) are done without the person on them being aware of being on the list. The person placed on the list has to go through a lengthy process to get off of the list. This is an assumption of guilt and having to prove innocence. That is against the U.S. Constitution. In America we have the right to face our accusers, and we are considered innocent until proven guilty. Taking guns (or forbidding the purchase of guns) to a group of people who are not charged with any crime and have not been proven guilty is a really bad idea.

Just a note on the no-fly list–at one point Senator Ted Kennedy was delayed when flying home to Massachusetts from Washington, D.C. because somehow he (or someone with the same name) had been placed on the no-fly list. The no-fly list is not a list I have a lot of confidence in.