Tag Archives: AG Merrick Garland

Victor Hanson’s Statement On Special Counsel Hur’s Report

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Victor Davis Hanson’s Twitter statement on Special Counsel Hur’s report:
Biden is Too Demented to Be Found Guilty of Crimes,  But Not Too Demented to Be President? Special Counsel Robert Hur just found Joe Biden was guilty of violating national security laws in removing classified documents— after examining then Senator and Vice President Biden’s some 15-year habit of removing classified files to his offices and residences, where they were stored in unsecured fashion.
Period. End of story.
Hur then as a disinterested Special Counsel, not a local county prosecutor on a limited budget, logically would have indicted and prosecuted Biden.
It really is a jury’s decision to determine whether Biden was guilty or innocent, or whether he is pardoned/exempted by reason of dementia.
It is not the role of Hur, as a prosecutor and advocate for the state, to imagine how difficult his case might be to prove someone so incapacitated like Biden was guilty, as Hur’s own research and investigations had otherwise indicated that he was.) Is mindset, intention, or mental status a normal consideration of violations of national security laws, or is it the act itself?
So we are back to the James Comey defense: Hillary was guilty but in Lord and Savior Comey’s judgement no jury would likely convict a presidential candidate of such stature of violating national security laws. (NB:  After her reprieve, Hillary immediately claimed such extenuating circumstances were proof of her innocence! And Biden in a nanosecond likewise claimed he is now exonerated too, as was the administration’s plan all along).
Finally note the following:
1) The Left, Hur, and others believe that someone who has lost his faculties and who would not be allowed to drive a semi-truck, teach a class, diagnose a patient, argue a case, wire a house, or cook a hamburger is nevertheless fit enough to run the United States of America.
2) Note this same old/same old shocking but predictable asymmetry. Trump is a mere four years younger than Biden. The left fixated on the fact that he recently confused Nikki Hayley with Nancy Pelosi. Are we then to expect Jack Smith to follow the precedent of his fellow special counsel Hur, who was likewise appointed by Biden administration AG Merrick Garland and thus to conclude that although Trump violated the law by removing files, he seemed too confused to indict, given the likelihood of a sympathetic jury?
3) Hur himself tried to preemptively defend himself from the obvious conclusion that he extended special considerations not to indict Biden in a manner Jack Smith did not to Trump. Yet he omits that there were key differences in the two cases:
Biden had no putative right, as did Trump as President, to declassify files he took home.
Trump’s Mar-a-Lago walled and surveilled estate was far more secure than Biden’s rickety garage.
Biden had stored files for over a decade not less than two years.
Biden’s attorneys came forward just days before Smith was appointed on November 18, 2022. So it was not altruism that prompted their confession after Biden’s years of secretly hiding such illegality, but rather fear that Trump would soon be hounded for a ”crime” of which Biden was found out to be long guilty. So they went public to preempt that charge and falsely claim civic virtue.
This is just more of a long, disgusting pattern of biased applications of the law: Jan 6 vs 2020 May to October deadlier and more violent riots; election denialism of Trump versus Stacey Abrams’s nonstop claims of being the real governor of Georgia; “insurrection” called for in Trump’s speech vs Kamala Harris’s threats that the 2020 riots (“protests”) would and should keep going; the Trump 2020 election gambit versus the 2016 Leftwing coordinated effort to leverage electors into renouncing their states’ popular vote mandates. And so on.
No Department of Justice in our history has ever done more to undermine Americans’ confidence in the fair and equitable application of justice.
This is not the America we grew up in.
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Adding Humor To A Serious Announcement

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On Sunday, Hot Air reported that Attorney Jonathan Turley announced on Twitter that he has tested positive for Covid.

This is the Tweet:

Makes sense to me.

The article notes:

Does anyone really think that Merrick Garland’s DOJ will indict Hunter Biden? The workings of grand juries are supposed to be secret but it is reported that the grand jury looked at the possibility of criminal charges for alleged influence-peddling with foreign contacts in China, Russia, Ukraine, and other countries. Hunter was very successful in cashing in on his father’s position in the government. We don’t know if the grand jury decided on any indictments. Turley points out that there is clear evidence of some crimes. “For example, Biden seems clearly to have lied on the federal form to acquire a gun by denying his drug use; he also appears to have violated the Foreign Agents Registration Act. And there are obvious tax charges that could be brought, even though he paid outstanding taxes after the investigation began.”

Perhaps he’ll be indicted over tax evasion or for lying on a federal form about that gun. Just don’t count on him being held accountable for his slimy dealings with foreign countries – unless the indictments are postponed.

The article concludes:

Turley points out that since Joe Biden isn’t on a ballot in November and Hunter isn’t a candidate, just using the excuse of not wanting to interfere in the November midterms – and potentially dragging down Democrat candidates- is politicizing the grand jury investigation. Turley makes the case for a special counsel in the Hunter Biden case. Joe Biden (a.k.a. The Big Guy) is directly referenced in Hunter’s documents found on his laptop. The U.S. Attorney is unlikely to include any of that in a report. If Hunter pleads guilty of lesser charges to make a plea deal, he’ll be protected from future congressional hearings – such as are expected when Republicans take back majority control of the House. DOJ could cut a deal with Hunter and decline further charges. On the other hand, the U.S. Attorney could present evidence to a new grand jury, since this one has now expired, but it would take months to do and the midterm elections would be over.

It does not look as though Weiss called any witnesses who could testify about influence-peddling, including the president. Joe Biden would have to be called as a witness to answer any questions about The Big Guy’s involvement. We now know that Joe met with Hunter’s business partners, though he has consistently denied knowing anything about Hunter’s business dealings.

We’ll see what happens and if indictments do come down. Just don’t get your hopes up that Hunter will ever be held to the same standard that others are in these matters. He’ll likely write a check or two if his wrist is slapped and be on his merry way.

That is not equal justice under the law.

Unfortunately Justice In America Is Not Blind

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The U.K. Daily Mail posted an article (updated today) about a appeal by the Biden administration’s justice department to prevent a memo about the Russian collusion charges against President Trump from being released.

The article reports:

The Biden administration said Monday that it would appeal a judge’s order directing it to release a memo explaining why Attorney General Bill Barr didn’t choose to prosecute President Donald Trump for obstruction of justice by allegedly thwarting Robert Mueller’s Russia investigation. 

But it also agreed to make a brief portion of the document public, which shows that two senior Justice Department leaders advised Barr that, in their view, Mueller’s evidence could not support an obstruction conclusion beyond a reasonable doubt. 

U.S. District Judge Amy Berman Jackson earlier this month ordered Biden’s DOJ to release the entire March 2019 memo as part of a public records lawsuit from a Washington-based advocacy organization. 

She said the department, under Attorney General William Barr, had misstated the purpose of the document in arguing that it was legally entitled to withhold it from the group, Citizens for Responsibility and Ethics in Washington.

In a motion filed late Monday, the deadline for deciding whether it would comply with the judge’s decision or appeal it, the Justice Department said that it continued to believe even that the full document should be exempt from disclosure.

It appears Biden’s DOJ took the decision to avoid setting a new precedent where more sensitive internal documents would have to be released, Politico reported. 

Presidents and administrations of both parties have constantly fought to keep these documents secret. 

The article concludes:

The department said the decision before the attorney general was not whether to prosecute Trump since the indictment of a sitting president is precluded by longstanding Justice Department policy. Rather, the question that the memo set out to address was whether the facts gathered by Mueller could warrant a criminal case. That question, the government says, was a genuine decision that had to be made.

‘The Attorney General´s determination on that point – and on what, if anything, to say to the public about that question – undoubtedly qualifies as a decision, even if it could not have resulted in an actual prosecution of the sitting President,’ Justice Department lawyers wrote.

‘There was no legal bar to determining that the evidence did or did not establish commission of a crime, a determination the Attorney General made and announced,’ they added.

In a letter to AG Merrick Garland on May 14, Senate Democrats urged him not to appeal the court’s order to ‘help rebuild the nation’s trust in independence after four years of turmoil’.

The group of Senators lead by Majority Whip Dick Durbin wrote: ‘DOJ’s actions in this case, and in another recent Freedom of Information Act (FOIA) case seeking information about President Trump’s activities, have raised doubts about DOJ’s candor when characterizing potential evidence of President Trump’s misconduct to courts. 

‘To be clear, these misrepresentations preceded your confirmation as Attorney General, but the Department you now lead bears responsibility for redressing them.

‘In that light, and in order to help rebuild the nation’s trust in DOJ’s independence after four years of turmoil, we urge DOJ not to appeal D.C. District Judge Amy Berman Jackson’s May 3 decision to order the release of this OLC memo.’

One of the true successes of the Trump administration was to expose the corruption that runs rampant in Washington. It is not surprising that the cadre of people who fought so hard to keep President Trump from exposing that corruption are still fighting to keep their actions hidden. I agree with a friend who posted on Facebook that Washington is not a swamp–it’s a sewer–a swamp has some ecological value!