Pages

Friday, December 20, 2019

Flag Burning In Woke Times

The indispensable Don Surber summarizes a story from yesterday:

ITEM 1The Washington Times reported, "An Iowa man who was found guilty of lighting a local church’s LGBTQ flag on fire was sentenced to more than 16 years in prison Wednesday.
"Adolfo Martinez, 30, was found guilty last month of a hate crime, third-degree harassment and reckless use of fire after admitting to police in June that he stole a pride banner hanging outside the Ames United Church of Christ and set it on fire using lighter fluid about two blocks away outside the Dangerous Curves Gentleman’s Club, The Des Moines Register reported."
The story also said, "Mr. Martinez was sentenced to 15 years for the hate crime charge, one year for reckless use of fire and 30 days for harassment, all of which will be served consecutively, the Associated Press reported."
We live in a country where you cannot jail someone for burning the American flag, but you can give someone 15 years for burning a gay one.

Remember all those school prayer and flag buring cases years ago? It's high time this SCOTUS found the time to defend the First Amendment again.

Thursday, December 19, 2019

Durham Has Brennan In His Sights

Breaking tonight in the NYT: Durham Is Scrutinizing Ex-C.I.A. Director’s Role in Russian Interference Findings. I suspect a lot of this is actually old news and that Durham has been focusing on these matters and collecting documentation since at least the summer.

Excerpts (I've omitted the considerable pro-Brennan spin):


WASHINGTON — The federal prosecutor scrutinizing the Russia investigation has begun examining the role of the former C.I.A. director John O. Brennan in how the intelligence community assessed Russia’s 2016 election interference, according to three people briefed on the inquiry.

John H. Durham, the United States attorney leading the investigation, has requested Mr. Brennan’s emails, call logs and other documents from the C.I.A., according to a person briefed on his inquiry. He wants to learn what Mr. Brennan told other officials, including the former F.B.I. director James B. Comey, about his and the C.I.A.’s views of a notorious dossier of assertions about Russia and Trump associates.

...

Mr. Durham is also examining whether Mr. Brennan privately contradicted his public comments, including May 2017 testimony to Congress, about both the dossier and about any debate among the intelligence agencies over their conclusions on Russia’s interference, the people said.

...

Mr. Brennan has come into Mr. Durham’s sights as he has focused on the intelligence community assessment released in January 2017 that used information from the F.B.I., the C.I.A. and the National Security Agency to detail Russia’s meddling. They concluded that President Vladimir V. Putin ordered an influence campaign that “aspired to help” Mr. Trump’s chances by damaging his opponent, Hillary Clinton.

...

“The president bore the burden of probably one of the greatest conspiracy theories — baseless conspiracy theories — in American political history,” Mr. Barr told Fox News. He has long expressed skepticism that the F.B.I. had enough information to begin its inquiry in 2016, publicly criticizing an inspector general report released last week that affirmed that the bureau did.

Mr. Barr has long been interested in the conclusion about Mr. Putin ordering intervention on Mr. Trump’s behalf, perhaps the intelligence report’s most explosive assertion. The C.I.A. and the F.B.I. reported high confidence in the conclusion, while the N.S.A., which conducts electronic surveillance, had a moderate degree of confidence.

...

Instead, a C.I.A. informant close to the Kremlin was a key source for that finding. Mr. Durham has been trying to learn more about any internal debate inside the C.I.A. over the conclusion, former intelligence officials said.

[In fact, the claim that the source was "close to the Kremlin"--an idiotic phrase--is highly dubious.]

...

Critics of the intelligence assessment, like Representative Chris Stewart, Republican of Utah, said the C.I.A.’s sourcing failed to justify the high level of confidence about Moscow’s intervention on behalf of Mr. Trump.

...

Mr. Durham’s investigators also want to know to more about the discussions that prompted intelligence community leaders to include Mr. Steele’s allegations in the appendix of their assessment.

Mr. Brennan has repeatedly said, including in his 2017 congressional testimony, that the C.I.A. did not rely on the dossier when it helped develop the assessment, and the former director of national intelligence, James Clapper, has also testified before lawmakers that the same was true for the intelligence agencies more broadly. But Mr. Trump’s allies have long asked pointed questions about the dossier, including how it was used in the intelligence agency’s assessment.

Some C.I.A. analysts and officials insisted that the dossier be left out the assessment, while some F.B.I. leaders wanted to include it and bristled at its relegation to the appendix. Their disagreements were captured in the highly anticipated report released last week by Michael E. Horowitz, the Justice Department inspector general, examining aspects of the F.B.I.’s Russia investigation.

Mr. Steele’s information “was a topic of significant discussion within the F.B.I. and with the other agencies participating in drafting” the declassified intelligence assessment about Russia interference, Mr. Horowitz wrote. The F.B.I. shared Mr. Steele’s information with the team of officials from multiple agencies drafting the assessment.

Mr. Comey also briefed Mr. Brennan and other top Obama administration intelligence officials including the director of the National Security Agency, Adm. Michael S. Rogers, and Mr. Clapper about the bureau’s efforts to assess the information in the dossier, Mr. Comey told the inspector general. He said that analysts had found it to be “credible on its face.”

But C.I.A. analysts still wanted to leave the dossier out of the assessment, as it was not vetted. Mr. Brennan’s allies have said he was among the officials who wanted to omit the dossier from the assessment.

Andrew G. McCabe, then the deputy director of the F.B.I., pushed back, according to the inspector general report, accusing the intelligence chiefs of trying to minimize Mr. Steele’s information.

Ultimately the two sides compromised by placing Mr. Steele’s material in the appendix. After BuzzFeed News published the dossier in January 2017, days after the intelligence assessment about Russia’s election sabotage was released, Mr. Comey complained to Mr. Clapper  about his decision to publicly state that the intelligence community “has not made any judgment” about the document’s reliability.

Mr. Comey said that the F.B.I. had concluded that Mr. Steele was reliable, according to the inspector general report. Mr. Clapper ignored Mr. Comey, the report said.

Mr. Brennan told Congress that he had no firsthand knowledge of any attempts by the F.B.I. to vet the dossier. Mr. Clapper went further, testifying at a separate hearing that no evidence existed in the entire assessment to definitively say whether the Trump campaign had improper contacts with Russian officials. He also said that the intelligence community “couldn’t corroborate the sourcing” of Mr. Steele’s dossier. 

Mr. Brennan’s defenders said he always kept the dossier at arm’s length, arguing against using its findings about the Russian interference campaign in the assessment. The C.I.A. viewed it as “internet rumor,” an F.B.I. official told the inspector general.

It is not clear how much information the C.I.A. has provided investigators, and a C.I.A. spokesman declined to comment. The intelligence agencies are continuing to cooperate with Mr. Durham’s investigation, a person familiar with the inquiry said.

Things Barr Can Do

Earlier I was asked what kinds of things AG Barr can do to help Trump at this juncture. Things like this--call Comey out as a liar. Does this sound like a guy who's gonna just let things slide? I don't think so. I expect more of this kind of frank talk from Barr, and it will only help Trump. I will also be followed up with action.




UPDATED: Is It Really About The SOTU?

Remember the last time Pelosi tried to block President Trump from delivering the constitutionally mandated SOTU to the nation? Yesterday in a comment I questioned why nobody is asking about the SOTU. I think we know that Impeachment Theater is--among other things--an attempt from an electoral standpoint to rob President Trump of the presidential mantle, as it were. To cut him down to size. The SOTU is a display of "presidentiality." Is this what it's all about? Or, at a minimum, is this what the delay is about? Will Pelosi say that a president under impeachment can't address the nation, can't deliver the SOTU, from the House?

UPDATE 1: And now a word from a top Constitutional scholar. Among other profundities, Clyburn said, “Let’s give him a fair trial, and hang him.” This should play well. Trump is truly fortunate in his enemies:



Rush selected this passage from McConnell's speech as one he thought "really resonated":

MCCONNELL: President Trump is not the first president with a populist streak, not the first to make entrenched elites uncomfortable. He’s certainly not the first president to speak bluntly, to mistrust the administrative state, or to rankle unelected bureaucrats. None of these things — none of them — is unprecedented. I’ll tell you what would be unprecedented. It will be an unprecedented constitutional crisis if the Senate literally hands the House of Representatives a new partisan vote of no confidence. It will be unprecedented if we agree that any future House that dislikes any future president can rush through an unfair inquiry, skip the legal system, and paralyze the Senate with a trial. It will be unprecedented if the Senate says secondhand and thirdhand testimony from unelected civil servants is enough to overturn the people’s vote.

UPDATE 2:

 ...[PREDICTION for bookmark: Upon return in January Speaker Pelosi will refuse to allow impeached President Trump to deliver a State of the Union address in the House.]
(Excerpt) Read more at theconservativetreehouse.com ...

RBG: Recusal By Ginsburg?

Hot Air had an excellent blog yesterday on the topic of Ruth Bader Ginsburg's many outrageously unethical public statements expressing her disdain for Donald Trump: Ginsburg Hints: Senators Who Can’t Be Impartial In Trump’s Trial Should Be Disqualified.

Yes, she really suggested that--which calls into question her knowledge of the Constitution as well as her common sense. Let's see ... should Dem senators currently running for president be disqualified? One presumes that the fact of running as a candidate against Trump is a forthright statement of partiality.

The blog includes links regarding some of her past statements regarding Trump: She has called him a "faker" and, immediately after the 2016 election suggested it was time to move to New Zealand. Incredibly, in the wake of some of those Ginsburg comments the NYT--repeat, the NYT--ran an editorial, Donald Trump Is Right, in which they stated rather presciently:

And just imagine if this were 2000 and the resolution of the election depended on a Supreme Court decision. Could anyone now argue with a straight face that Justice Ginsburg’s only guide would be the law?

The point, of course, is that there are currently several pending cases involving Trump and his status as POTUS. Any or all of these cases could wind up before the SCOTUS. Ginsburg would appear to be an obvious candidate for disqualification herself--recusal--in all of those cases. To paraphrase, er, actually to directly quote the NYT:

Could anyone now argue with a straight face that Justice Ginsburg’s only guide would be the law?

Excerpts from Hot Air:

UPDATED: Louis Freeh is the real culprit in the Richard Jewell story

The FBI has been in the news a lot recently, and we've been commenting on the misdeeds of the Bureau's politicized upper management and legal advisers. However, today Ron Kessler has an excellent article that points out the complexities when people condemn the FBI as an institution. My intent in recommending--highly recommending--this article is not to offer a blanket defense of the FBI as such, but to point out that nothing is as simple as we'd like it to be.

Louis Freeh is the real culprit in the Richard Jewell story

The FBI is badly in need of reform. That's a true statement, but it's also a fact that the travails of today's Bureau reflect the defects of America as a society. That's inevitable. The FBI has a legacy of advanced thinking in law enforcement that has been tarnished as it has been dragged down with our other institutions into the morass that the Left has inflicted on the country. Reform of the FBI can only be accomplished as part of a much broader restoration of American society.

UPDATE: More Great Moments in FBI History.

UPDATED: The Delayed Impeachment Ploy Is A Loser

Thomas Lifson has another seven reasons blog--this time on the delayed impeachment ploy, and why it's a loser: Pelosi threatens to withhold articles of impeachment from Senate.

As I wrote last night, and as several sharp commenters (among them Yancey Ward) pointed out,

"The Constitution doesn't specify procedures. It seems to me, therefore, that ... [t]he vote having been taken in the House, the Senate may not have to wait."

Meaning, the Constitution simply says that the House votes articles of impeachment and the Senate has the sole power to try the case. Nothing about formalities before a trial can begin. If the managers (prosecutors) fail to show, the senators (jurors) can still decide based on the articles themselves. In regard to the question of what the Senate will do, "sources" maintain that the Senate GOP wants an acquittal vote rather than a procedural dismissal, which makes sense. We'll see. That's a question that will depend on questions that may to a great extent be peculiar to the Senate.

On the other hand, the big picture of what we're seeing is clear enough: it's an attempt, one more attempt, by the Resistance Dems to hold the entire government hostage to a partisan majority in the House. Pelosi has openly called the House a "superior branch" to the Executive, and she now seems to believe the House is the lead member of the Legislative branch as well. Cocaine Mitch is sure to differ and will carry the day on that. The courts will also ultimately side with the Constitution, if for no other reason than that the SCOTUS knows if Pelosi and the Radical Resistance Dems get their way impeachments and removals of SCOTUS justices will be the order of the day, starting with Brett Kavanaugh.

Lifson's seven reasons why this ploy are losers right from the get go are excellent. They mostly boil down to what we discussed yesterday--the rules of fair play, as embodied in the Constitution. That is exactly what the Dems ignored in the earlier stages of their Impeachment Theater, and are now trying to coerce the Senate to ignore. The ploy won't work, to begin with, and will backfire badly. Lifson's sixth and seventh reasons point to the certain political impact:

Sixth, the longer a standoff continues, the weaker Pelosi’s bargaining position becomes. She is obstructing the constitutional process.
Seventh, President Trump fights back, and she is handing him the best ammo he could wish for to castigate the entire impeachment fiasco, and to claim he is being denied his right to defend himself.

 The strong suspicion is that this is a ploy born of desperation. To engage in this doomed battle surely tells us all we need to know about how much Dems fear the Barr/Durham investigation.

UPDATE 1:


UPDATE 2: Somewhat informative interview toward the end:




UPDATE 3: Cocaine Mitch Speaks: The full half hour speech is in the second video. You can find the transcript at CTH:





Wednesday, December 18, 2019

UPDATED: Impeachment--And Barr

So, the Dem House voted to impeach President Trump--but didn't appoint impeachment managers. Pelosi says she's waiting for what she considers "fair" Senate rules--she thinks she's the Queen of America, or some weird Dominatrix, I guess. In other words, the Dems are delaying any Senate trial while they work in the courts to try to find ... evidence. They're trying to get the Mueller GJ material, they also want to force a deposition of Don McGahn, and they are seeking Trump's financial records. You can get the details at CTH: Cunning Lawfare Maneuver – House Will Withhold Submission of Articles from Senate.

I'm not sure just how cunning this maneuver will turn out to be in the long run. I'm not at all convinced the Dems will win in the courts. They may get a few lower court victories, but those will be harder to sustain as the appeal process continues.

The other thing this delay may bring into play is ... Bill Barr as a significant player. Declassification, revelations of investigative actions, and possible high profile legal actions such as indictments, could significantly tilt the playing field for the president. We shall see. If the delay expands Barr's room to maneuver this Dem ploy could turn out to not be cunning at all.

UPDATE 1: Laura Ingraham says We The People were "punked" by the Dems with this delayed impeachment ploy. IMO, Laura has a point. Most people with any sense of fair play--remember that concept?--will be outraged. I suspect that this won't wash that well with the courts, either.

I wish I could have heard what Robert Ray had to say--you'll see him waiting in the wings. He's usually very good.




And I suspect this will increasingly resonate with We The People:


UPDATE 2: Mitch McConnell says he'll speak in the Senate at 9:30 tomorrow morning. It'll be interesting to see how he reacts to the Imperious Nan and her demands.

Gregg Jarrett Takes Out After The FISC:


A year and a half ago when the redacted FISA applications were first made public, it was obvious that the FBI relied almost entirely on Christopher Steele’s phony “dossier” and that the FISA court was being lied to. Back then, Collyer should have immediately ordered a “show cause contempt” hearing demanding that Comey, Sally Yates, Andrew McCabe, Dana Boente and Rod Rosenstein all appear before the court to explain why they should not be held in criminal contempt for deceiving judges in the four warrant applications they signed. They swore that the information was true and verified when they knew it was not. Collyer still isn’t ordering a contempt hearing. This is an appalling abdication of judicial duty.
It means that the FISA court doesn’t really care that it was lied to by the FBI. If it did, Collyer would hold these FBI & DOJ officials legally responsible for defrauding the court. The message here is this: you can lie to the FISA court and there will be no accountability or punishment. If you get caught, the court will merely demand remedies for the future.
This will not go over well in Congress among those who feel that FISA has become a serious and chronic danger to civil liberties. They are right. The currently constituted FISA court must be abolished. A new system should take its place –one that does not rely on the FBI to be honest and trustworthy because the bureau has proven that it cannot be.
The FBI was caught lying before back in 2002. In more than 75 cases, the FBI had deceived judges in sensitive surveillance warrants. Then-director Robert Mueller appeared before the FISA court and promised reforms. He vowed that it would never happen again.
Predictably, it has.

Briefly Noted: Smacks Of Personal Hostility

Yes, that's what NeverTrump Paul Mirengoff just said about Judge Sullivan's cheap shot at Michael Flynn's lawyer, Sidney Powell. In Judge Rejects Flynn Motions I wrote initially:

What I noticed first was that Sullivan takes a shot at Flynn's attorney, Sidney Powell, suggesting that she has engaged in "professional misconduct" for plagiarization, by "merely provid[ing] a hyperlink" to a brief she quotes rather than a direct citation (p. 17):
...
I dunno. Sullivan's language strikes me as a bit over the top, a bit of a cheap shot, in that Powell was hiding nothing (any more than Flynn hid anything from the FBI)--what she did doesn't appear to be "dishonesty, fraud, deceit, or misrepresentation”, even if it wasn't in full compliance with the rules.

And that was before additional details on the cheapness, even idiocy, of Sullivan's comments came out (quoting Techno Fog and Turley). What we see is a pattern of what DC law professor Jonathan Turley went so far as to call "false allegations" on the part of Sullivan.

So now Mirengoff goes there, too--plainly stating that "Sullivan’s accusation ... smacks of personal hostility."

You have to wonder whether this all may have some effect down the road.

UPDATED: Big Victory For Paul Manafort

I'll simply quote TGP on this one:

A judge on Wednesday tossed out New York State charges of mortgage fraud against Paul Manafort because of ‘double jeopardy’ laws.
This is a huge victory for Paul Manafort, who remains in custody on federal charges, because this opens a way for Trump to issue him a presidential pardon.

Follow this link for more details: BREAKING: Manafort Has New York State Fraud Case DISMISSED Because of ‘Double Jeopardy’ – Opening Way For Trump Pardon.

Yes, Manafort was/is as Swampy a critter as any out there, but we still want fundamental fairness for all.

UPDATE: Jonathan Turley is worth quoting at some length:

previously wrote about what I viewed as a dangerous trend among New York Democratic politicians pledging to charge former Trump campaign chair Paul Manafort under state law to negate any benefit from a federal pardon by President Donald Trump. Democrats rallied supporters to the dubious cause of watering down the state protections against double jeopardy. It was the ultimate example of the mania surrounding Trump where citizens would take an axe to their own constitutional protections to get at Trump and his associates. The highly dubious effort was led by New York state attorney general Letitia James and, thankfully, it has failed. The New York courts are not nearly as dismissive of individual rights. The state charges were thrown out today on the basis of double jeopardy. The question is now whether this will be a prelude to a presidential pardon. 
...
I have been highly critical of Manafort and I still have little sympathy for him. I do not view him as a worthy subject of a pardon. However, I am relieved that the courts showed more judgment and respect for individual rights than James and others who wanted to lower protections to score political points in prosecuting a Trump associate.

Fundamental Fairness And Impeachment: We're Seeing It

Commenter Mike Sylwester points to a new Geoff Shepard article today. I like it because it stresses something I've been at pains to express over the past months: the importance for Americans of the concept of Fundamental Fairness. Call it Due Process if you like. It's at the core of our worldview. To take one example more or less at random, just recently I wrote:

Impeachment Theater is fronted by the most unlikeable and frankly crazy people to appear before the public since ... well, since the deeply unpopular Kavanaugh hearings.
The House kangaroo court procedures have proven deeply offensive to the American sense of fundamental fairness--which take on an even sharper edge when applied to the national leader, the one official elected by the nation at large. The public at large knows fairness--and fundamental unfairness--when it sees it, and has tuned out Impeachment Theater just when the Dems need an audience riveted to their devices--TVs, phones, tablets, whatever. (Will There Be An Impeachment At All?)

Here's the link to Shepard's article:

Congressmen do want to get reelected.

Riffing off the FCC's "Fairness Doctrine," Shepard explains the new Fairness Doctrine with regard to Impeachment--but also to most issues of great public importance:

Today, we have a new fairness doctrine, although an unofficial and largely unstated one. 
By far the most important impeachment issue is the overarching importance of perceptions of fairness. All members of the House will have to face their voters next November — there’s no postponing that election — and will need to justify their impeachment vote. This is not as easy as it sounds, even in safe districts, because of the fundamental American belief in fair play. However it is phrased and in whatever context it is considered, the underlying challenge for members is being able to assure their constituents back home that Trump was or was not treated in a fair manner.

To measure how this is working out, watch this brief segment with Laura Ingraham talking to pollsters Scott Rasmussen and John McLaughlin. I'll provide the transcript for McLaughlin's remarks, but pay attention to what comes right at the beginning--Scott Rasmussen's analysis. He makes no bones about it--Republicans have won the debate. It's over: