Posted on 08/16/2022 3:09:11 PM PDT by ScaniaBoy
Reading all the professional political chatter from both wings of the uniparty bird about the DOJ position on the Trump raid in Mar-a-Lago, something sticks out to me that readers here will relate to, but others, likely not so much. Consider this written to all the reasonable and intellectually honest people.
You see, there is an actual mechanism that is being ignored by members within the professional DC silos and the DC ‘outrage’ stenographers. I was reminded of it when reading the professional obfuscation in the Wall Street Journal as they outlined how Merrick Garland “weighed the raid on Mar-a-Lago for several weeks” prior to August 8.
Technically there is a mechanism for executive branch conflict resolution that involves actual transparency, not the political talking points of the illusion of transparency. However, when the Fourth Branch of Government was created, the conflict resolution measure that provides oversight and escape from accusations of unequal application of law was dispatched. It was dispatched because, well, the unequal application of the law was the intent.
What I am talking about is the legislative branch oversight mechanism known as the Gang-of-Eight. Whenever the executive branch runs into a conflict that involves sensitivity within an issue they define as “national security,” the executive branch is supposed to use the tool of the legislative branch to extricate themselves from the conflict.
Quite simply the DOJ/FBI could have briefed the Go8 on the nature of the sensitive ‘national security’ issue, and this bipartisan briefing to both democrats and republicans removes Main Justice from the appearance of political impropriety. If, later on, the nature of their investigation is ever questioned, Main Justice (the representatives of the executive branch) have the shield of telling the American public that congress was notified.
That is essentially the intent of the Gang of Eight construct. Leaders and key officials within both parties are informed of ongoing investigative activity that involves the national security of the United States. That’s the mechanism for the DOJ and FBI to avoid the appearance of political targeting.
On March 20, 2017, we saw for the first time how the newly weaponized DOJ and FBI had intentionally and purposefully begun to stop that notification process as part of their intentional effort to politically weaponize the justice dept. {link}
In that March 2017 hearing, former FBI Director James Comey was asked why the FBI was investigating President Trump for the past eleven months (April ’16 origination), revolving around a Trump-Russia collusion investigation, and not informing congress about the potential national security compromise.
James Comey justified the targeting operation by saying, “because of the sensitivity of the matter(?)” while looking uncomfortable and surprised about the smart question from representative Elise Stephanik.
That outlook of unilateral authority without oversight lies at the heart of the Trump-Russia collusion and targeting problem. That lack of transparency and failure to follow the required briefing schedule to congress was as subtle as a brick through a window in showcasing the political intents of the FBI and DOJ under the Obama administration.
The FBI and DOJ (executive branch) cannot operate unilateral political targeting operations and simultaneously permit oversight (legislative branch). That was the core issue outlined within the answer by James Comey. Unfortunately, it was a core issue the entire DC system, including republicans, needed to avoid admitting… and so they pretended the admission by James Comey didn’t exist, brushed it away under the cloud of media assisted outrage on other matters, and just moved on.
In the current dynamic of the DOJ/FBI -vs- Donald Trump Mar-a-Lago raid, we see an almost identical issue. Not surprisingly we also see identical action from the DOJ/FBI in not briefing the Gang of Eight about the post-election Trump investigation. It becomes clear the DOJ National Security Division is intent to avoid any transparency that might exist if they were held accountable to following the system checks-and-balances.
Obviously, the DC stenographers (MSM) will avoid pointing out this issue; and obviously the right wing of the DC UniParty (republican leadership) will avoid mentioning this conflict resolution mechanism exists; however, their willful blindness doesn’t negate the fact the mechanism does exist.
If AG Merrick Garland and FBI Director Chris Wray wanted to avoid what Wray has previously called, “even the impression of impropriety,” the DOJ could simply have briefed congress on the issues and challenges related to President Trump and their perceived problem with classified documents.
The reality of Main Justice not seeking to avoid their conflict, stands as a stark reminder that they consider the mechanism of oversight as a risk to their intent.
The absence of congressional notification is evidence that the targeting by Main Justice is political.
Now go for it! Hound your congresscritters and senators, especially those who are on the Go8 committee.
Why were they not informed? Or were they? And if they were not informed why have they not raised H-ll with the FBI director and the AG?
The New York Times and Washington Post published classified information in the 1970s.
The FBI didn’t bust into Katherine Gramham’s house.
Another perfectly reasonable analysis which is meaningless to these scoundrels.
I’m still chewing on they just threw out 27% Of signed votes in LA.
But that wasn’t an insurrection or voting rights violation, and aren’t they even against requiring signatures?
Incredible.
Hound congressmen and senators, especially those on the Gañg of 8 committee.
Why were they not informed?
Or were they?
And if they were not informed why have they not raised Hell with the FBI director and the AG?
Solid, reasonable piece. Sundance does it again.
Poorly written, but the author is correct.
How about talking about Joe Biden sending top-grade weapons to Ukraine with the same software that the US military uses.
There was no time to rewrite and test software specially crafted for export to Ukraine.
The Russians are bound to capture some examples.
The Russians will trade their captured knowledge for sanction busting products from China.
TALKING POINTS......
——there is the legislative branch oversight mechanism known as the Gang-of-Eight.
——Whenever the executive branch runs into a conflict that involves sensitivity within an issue they define as “national security,”
-——the executive branch is supposed to use the tool of the legislative branch to extricate themselves from the conflict.
-——the DOJ/FBI could have briefed the Go8 on the nature of the sensitive ‘national security’ issue,
-——this bipartisan briefing to both democrats and republicans removes Main Justice from the appearance of political impropriety.
If, later on, the nature of their investigation is ever questioned, Main Justice (the representatives of the executive branch) have the shield of telling the American public that congress was notified.
Any word from the “count every vote” crowd on the LA signature toss scam?
There should have been enough information (name, address) to individually ask the voters who had their petition requests uncounted.
Maybe petition signature collectors should become licensed public notaries.
legal beagle.com
Warrant Requirement
Under the Fourth Amendment, any government-conducted search requires issuance of a search warrant by a court. A valid search warrant must state “with particularity” the place to be searched and the items being sought in the search. The judge who issues the warrant must also be “neutral and detached,” meaning that the judge has no reason or incentive to issue the warrant beyond the evidence presented in the warrant application.
Probable Cause
Courts issue search warrants based on a finding of probable cause to search. Probable cause to search exists when, based on all information presented by the law enforcement officer to the court, the court has reason to believe that the location to be searched will contain evidence of commission of a crime, or the fruits of that crime. Probable cause is also temporal; the object of the search must be likely to be found there at the approximate time at which the search will take place.
Staleness
A search conducted pursuant to a valid warrant may still be found illegal if the warrant is improperly executed. Officers who execute the search warrant cannot exceed the warrant’s scope, meaning that they cannot search areas outside the scope of the warrant. Officers also may not wait too long between issuance of the warrant and execution (unless the delay is reasonable), or the warrant will be “stale”. A stale search warrant is subject to challenge by the defendant as no longer supported by probable cause. Analysis of staleness takes into account subjective factors, but courts generally find search warrants stale 10 days after issuance.
Anticipatory Warrants
Staleness analysis changes slightly in the context of anticipatory warrants. A court grants an anticipatory warrant when an object is not yet on the premises to be searched, but will be there at some future point in time. An anticipatory warrant must be executed at that future point in time. Officers use anticipatory warrants when, for instance, they expect the defendant to receive a package containing contraband on a specific future date. Because anticipatory warrants, by their very nature, imply some delay in execution, courts will often analyze the staleness of anticipatory warrants on a case-by-case basis.
I will call Senator Johnson’s office in the AM. In the meantime I will C&P this piece to his e-mail.
I’m sure he’s well aware of all of this. Me calling Senator Baldwin (D, Gay, WI) has always been a waste of time and effort. Dark Money bought WI this worthless, ineffective LOSER.
This is all making me SO uncomfortable. I love my Country, but how I LOATHE my Government! *SPIT*
Praying for President in Exile Trump!
I’ve heard about it! Amazing?!
But, please, go for this issue. Spread the info, ask the questions. Make life uncomfortable for the swamp dwellers.
Why?
The Gang of 8 is Deep State.
And if they were not informed why have they not raised Hell with the FBI director and the AG?
*************
They simply don’t care.
The only thing they care about is protecting the Swamp.
“Why were they not informed? Or were they? And if they were not informed why have they not raised H-ll with the FBI director and the AG?“
A: - because ALL of them want Trump GONE for good. They all colluded to oust him from the White House in 2020 and they HATE that he’s still around.
99.9% of DC will stop at NOTHING to “cut off the head”… (WE are the ‘body’).
This is about US as much as him.
Get them to state that, in that case. Make life a little more uncomfortable for them by raising a very sensible question.
Exactly! One way, or, the other....they SHOULD be raising h3ll!!!
The GO8, if it still exists, most likely will be peopled exclusively by those with the “correct” political and geopolitical views...
Good point by Sundance.
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