Urine Trouble (Mueller Thread v. 16)

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No, he was forced out of office all the same.

Then either Ford's pardon encompassed Nixon's state crimes, or the states didn't want to test out the limits of the pardon. One thing is for sure: Nixon was criminally liable under both federal and state law before the pardon.
 
Mark Levin says Robert Mueller has violated the Appointment's Clause of the Constitution.

http://insider.foxnews.com/2018/05/...l-mark-levin-says-trump-russia-collusion-case

@Quipling @Darkballs @Trotsky @JamesRussler

What is your take on this opinion?

I read an article about this a few weeks ago on RealClearPolitics (this is probably Levin's inspiration). It was written by some Law Professor named Steven Calabresi, who teaches at Northwestern. The idea was that that the Supreme Court's opinion in Morrison v. Olson (the opinion which upheld the old special counsel statute) lays out a justification for the legislature to appoint special counsels under the Appointments Clause. Because the special counsel statute has lapsed and special counsels are now appointed exclusively under administrative authority of the DOJ (i.e. under authority of the POTUS), somehow this violates the Appointments Clause standard articulated in Morrison.

Honestly, it's been a while since I read the majority opinion in Morrison, so I can't speak to the merits of this argument based on my own reading (not at the moment anyway). However, Calabresi is a legit scholar from a great school, so the argument probably has legs. There may be other reasons why the Court wouldn't reach the argument though, as Courts usually avoid these sorts of issues if there is an easier ground to resolve the case on. I'll have to give it a closer look tomorrow.
 
Mark Levin says Robert Mueller has violated the Appointment's Clause of the Constitution.

http://insider.foxnews.com/2018/05/...l-mark-levin-says-trump-russia-collusion-case

@Quipling @Darkballs @Trotsky @JamesRussler

What is your take on this opinion?

Nonsensical. A special prosecutor has never been deemed a "principal officer" within the meaning of Article 2. To suggest the only person who could nominate a special prosecutor to investigate the president's cabinet, is the president himself, goes against all precedent and common sense. A stupid argument that will go nowhere.
 
In your world the FBI could do whatever it wanted and answer to no one or anything.

Imagine the head of the FBI testifying to congress.

Senator: Mr Director, when did the FBI initiate it's counter intelligence investigation on a political campaign that included Surveillance and spying

FBI Director: Whenever we decided to

Now whats the big fucking difference in what i said was legal (having an informant asking questions) and your hypothetical? That would be that one requires a warrant and the other doesn't. You keep trying to spin an informant communicating with the trump campaign as "spying" and talking to as "surveillance." The later would require a warrant, the former would not. Trouble for you, no matter how you spin it, the former applies.

There is nothing wrong with sending an informant out to anyone, even if you have zero to go on. So long as no conduct amounts to a "search", there is no warrant issue. You can be butthurt that they decided to target you, and wonder why they wanted to target you, and even speculate that they targeted you because they hate you. It still wouldn't make that collection improper or illegal.

And of course you blow off the actual illegal stuff found and mischaracterize it as just harmless "lying to the feds." Yeah, lying to the feds about a bunch of other activities that would be illegal. But you don't care about that. Yet you rage at the way intelligence was gathered on these rubes. You partisanship has your ethics all backwards, and you know it.
 
No, it’s like you (a police officer) attempting to give me cocaine, multiple times, despite my repeated refusals, so that your partner can kick down my door and arrest me for possession of cocaine.

No dipshit. No one is going after trumps cabinet for accepting emails. That was never a crime charged. You would have to show this informant encouraged the trump campaign to COMMIT THE CRIMES THEY ARE ACTUALLY BEING CHARGED WITH, in order to argue entrapment. Entrapment is a defense for a specific crime. You have to show that law enforcement pushed you, against you will, into committing that specific crime. Not just doing something perfectly legal and later you using that as an excuse to commit a separate crime.

So tell me bob, how did this informant push all these people to lie under oath?

Judge: "Mr. Kushner, you've been charged with lying under oath."

Kush: "An FBI informant gave me hacked emails about a year ago."

Judge: "Da fuck does that have to do with anything?"

Kush: "Well if I wouldn't have gotten the hacked emails, then I wouldn't have discussed them with foreign nationals, and I wouldn't have lied about that to Congress. So really, that guy made me lie when he gave me those emails."

Judge: kills himself.
 
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Mark Levin says Robert Mueller has violated the Appointment's Clause of the Constitution.

http://insider.foxnews.com/2018/05/...l-mark-levin-says-trump-russia-collusion-case

@Quipling @Darkballs @Trotsky @JamesRussler

What is your take on this opinion?
Argument can be outlined along the lines of:
Only the president can appoint officers of the United States (article II)

US Attorneys are officers of the United States, and therefore must be appointed by the president

Mueller is acting like a US attorney

Mueller was not appointed as a US attorney, and to the extent that he has been acting like one has been a usurption of the appointment power.

The most obvious hole is that, although US Attorneys are officers of the United States, acting like a US Attorney in some ways is not how we define whether someone is an Article II "officer of the United States."

So, if we want to actually address the art. II issue, we should be asking if Mueller is effectively an unappointed officer of the United States, not if his duties resemble, in certain ways, those of a US attorney (except to the extent that this answers the first question). Levin's argument here is pretty incoherent - it's not clear how being assigned certain AUSAs fits the bill. I haven't read prof. Calabresi's version of the argument yet. But right now Im not convinced.

When I have some time I'll dig up more materials on the subject. Most of the relevant case law deals with legislatively defined positions, especially ALJs. It's not clear how well that translates here.
 
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No dipshit. No one is going after trumps cabinet for accepting emails. That was never a crime charged. You would have to show this informant encouraged the trump campaign to COMMIT THE CRIMES THEY ARE ACTUALLY BEING CHARGED WITH, in order to argue entrapment. Entrapment is a defense for a specific crime. You have to show that law enforcement pushed you, against you will, into committing that specific crime. Not just doing something perfectly legal and later you using that as an excuse to commit a separate crime.

So tell me bob, how did this informant push all these people to lie under oath?

Judge: "Mr. Kushner, you've been charged with lying under oath."

Kush: "An FBI informant gave me hacked emails about a year ago."

Judge: "Da fuck does that have to do with anything?"

Kush: "Well if I wouldn't have gotten the hacked emails, then I wouldn't have discussed them with foreign nationals, and I wouldn't have lied about that to Congress. So really, that guy made me lie when he gave me those emails."

Judge: kills himself.



The fact that you see nothing wrong in the government trying to entrap a political opponents campaign displays you’re beyond help.
 
The fact that you see nothing wrong in the government trying to entrap a political opponents campaign displays you’re beyond help.

Not entrapment bob. You can't explain how entrapment works bob. You aren't trying to detail how entrapment applies to the crimes these people were actually charged with bob. Handing them hacked emails wouldn't be entrapment bob, because receiving hacked emails isn't a crime bob. So entrapement doesn't apply bob.

Have I kindergartened that enough for you.

How does handing someone emails encourage them to lie to congress? If you can make that case, then you can talk about entrapment. Until then, please stop using a word you clearly don't understand.
 
The fact that you see nothing wrong in the government trying to entrap a political opponents campaign displays you’re beyond help.

Oh. My. Goodness.

Idk why anyone would even try to reason with you at this point.
 
The fact that you see nothing wrong in the government trying to entrap a political opponents campaign displays you’re beyond help.
<{Heymansnicker}>

Fucking Lol, Lying to Congress is entrapment.
Good one.
Da Kush, Fredo, Prince and Sessions did not lie to Congress but the lie was entrapment.
 
The fact that you see nothing wrong in the government trying to entrap a political opponents campaign displays you’re beyond help.

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Not entrapment bob. You can't explain how entrapment works bob. You aren't trying to detail how entrapment applies to the crimes these people were actually charged with bob. Handing them hacked emails wouldn't be entrapment bob, because receiving hacked emails isn't a crime bob. .


Good god, you really must have been a 3rd rate proscecuter.

Having possession of classified material is in fact illegal. And it is the literal definition of entrapment as I posted earlier. I’ll post it again if you would like.
 
Oh. My. Goodness.

Idk why anyone would even try to reason with you at this point.

<{Heymansnicker}>

Fucking Lol, Lying to Congress is entrapment.
Good one.
Da Kush, Fredo, Prince and Sessions did not lie to Congress but the lie was entrapment.




“Former Trump campaign aide Michael Caputo appeared on Fox News moments ago with stunning statements. According to Caputo a contractor with a government agency (nsa) was attempting to pass to him, through an intermediary, Hillary Clinton emails; and the intermediary reached out to Caputo to inform him therein.

>In hindsight, Caputo now suggests the “contractor of the government agency” was attempting to set him up -and by extension the Trump campaign- in a sting operation similar to the recently revealed “Crossfire Hurricane” operation conducted by CIA operative Stefan Halper through Carter Page and George Papadopoulos.”



It’s amazing how you’ll attempt to twist reality to avoid addressing the above.
 
“Former Trump campaign aide Michael Caputo appeared on Fox News moments ago with stunning statements. According to Caputo a contractor with a government agency (nsa) was attempting to pass to him, through an intermediary, Hillary Clinton emails; and the intermediary reached out to Caputo to inform him therein.

>In hindsight, Caputo now suggests the “contractor of the government agency” was attempting to set him up -and by extension the Trump campaign- in a sting operation similar to the recently revealed “Crossfire Hurricane” operation conducted by CIA operative Stefan Halper through Carter Page and George Papadopoulos.”



It’s amazing how you’ll attempt to twist reality to avoid addressing the above.


And still Bob is

Q87VW.gif
 
Does Mark Warner See the ‘Deep State’ As His Ticket Out of the Senate?
The ambitious Virginian's vote for Haspel and his unflinching support of the intelligence community is no accident.
By CURT MILLSMay 21, 2018
markwarner1-554x346.jpg

Virginia Democratic Sen. Mark Warner in press conference on election security in March (Sen. Mark Warner/Flickr/Creative Commons)

In the fall of 2008, Mark Warner dined with a group of businessmen, lawyers and organizers in Washington. Warner, the former of governor of Virginia then running for U.S. Senate, was asked what he thought of Barack Obama, his party’s presidential nominee and strong favorite to take the White House. In not so many words, Warner told those gathered that he loathed Obama, at least competitively: “He’s younger than me.” And he would be president before him.

In the ten years since, Warner has won election and reelection to the senate—but his presidential pathway has darkened dramatically.

One promising potential avenue, however, still exists for Warner: not as a young governor of a New South swing state (Virginia now leans decidedly blue in presidential elections), but rather, that of an establishmentarian custodian of America’s institutions. An MSNBC broadcast on any given night now doubles as homage to federal law enforcement and the intelligence services—institutions this presidency is said to be a mortal threat to.

And of course never far from emphasis is the core national concern of Russia.

Warner’s recent public statements provide a taste.

“It would be at best irresponsible, and at worst potentially illegal, for members of Congress to use their positions to learn the identity of an FBI source for the purpose of undermining the ongoing investigation into Russian interference in our election,” Warner tweeted Friday night.

“I want answers about the Trump Administration’s failure to implement sanctions against Russia that Congress passed last year. These sanctions aren’t optional,” Warner also tweeted. Read closer: “They’re the law of the land, and the President is required to follow them. Period.”

♦♦♦

Mark Robert Warner was born in Indiana, raised in Connecticut, and vaulted to prominence in Washington, DC and Virginia. The Harvard Law grad and telecom millionaire, plodding in both his policy preferences and personality, may seem like a faded commodity in the boisterous Trump era. But Warner was floated as a White House occupant for much of last decade after a gubernatorial tenure widely seen as competent and reasonable by observers on both sides. He has been floating himself for the job for much longer. When Warner’s parents visited him in DC in the 1970s, when he was an undergrad at George Washington University, he obtained tickets for them to visit the White House during their stay. But he passed on going himself, remarking: “I’ll see the White House when I’m president.”

Warner was seen as a top-tier potential candidate in the 2008 presidential election. Earlier in the decade, the Washington Post had proposed that the 2008 election could very well be a battle between two Virginians: Warner and Republican Sen. George Allen. Allen’s political career was defenestrated, it turned out permanently, by “Macaca”-gate and the proto-populist Jim Webb. And Warner passed on a run in 2008, for among other reasons, a strong Democratic field led by Hillary Clinton and the 2004 vice presidential nominee John Edwards—Obama was handicapped below those two back then.

Plus, Warner and his inner circle figured he had time. It turned out to be a mistake—one made by many blue chip politicians and consultants who didn’t realize the novices Obama and Donald Trump would become president on their first tries. The consensus is now “run while you’re hot”—it’s why Ted Cruz made his attempt in 2016, and why Chris Christie and Bobby Jindal (remember him?) surely wish they had pulled the trigger in 2012.

But after years in the political wilderness, including being outstripped in national fame by his friend and fellow Virginian, the even more lo-fi Tim Kaine, Warner’s presidential fortunes could be undergoing a reversal.

Behind closed doors, those who know him say this is a lifelong ambition—and he’ll never fully toss it aside. Now in his early sixties, his position as ranking member of the Senate Intelligence Committee during the Russia investigation has vaulted him back into center of national politics.

It is almost surely his last chance.

Might Warner, too, join a Democratic field in the 2020 election that is now likely to exceed 40 major candidates? Signs increasingly point to his entry into the race, and those in his circle won’t dismiss the idea out of hand.

Warner would have a clear, focused strategy: In the era of nightly MSNBC and CNN kvetching about Russiagate, along with the diaspora of conservative NeverTrump intellectuals and financiers, Warner would attempt to become, for lack of a better term, the deep state’s candidate for president. He may seem an unlikely choice to go up against the gregarious Trump. But he could emerge as the true anti-Trump: a low-key, institutionally-supported former businessman who’s actually got a lot of money.

Warner’s endorsement of Gina Haspel for CIA director is a major clue to his potential candidacy, with 2020 possibly shaping up to be a national-security election. From Warner and the perspective of other Democrats, they could be running against a president seeking re-election after being aided by a foreign power. And if saber-rattling against North Korea, and Iran continues, they could be running against a president who embarked upon kinetic confrontation, against broad international consensus, in two separate theaters. Warner would then try to run as national savior, and one who could easily fill the job. Voting against the sitting CIA director, then, was a no-go. Haspel’s bonafides have been assured by major former intelligence officials Michael Hayden, James Clapper, and John Brennan—people who Warner, in a era when politics is literally litigated on television, would need as public advocates on liberal cable news down the line.

Warner’s statement announcing his vote, in no uncertain terms, checked Trump and his allies who have attacked the intelligence community, railed about witch-hunts, and castigated a “deep state.”

“Gina Haspel has served our country with dedication for 33 years. In many ways, her story is representative of the thousands of people at the Agency and throughout the intelligence community who serve quietly, without recognition, and often at great personal risk, in order to keep our nation safe from those who wish to do us harm,” Warner said.

He also made sure to signal his continued partisan loyalty, along with the support of those like Clapper, Hayden, et. al: “I also take to heart the strong support Ms. Haspel has among rank-and-file members of the intelligence community and from intelligence community leaders who served under President Obama.”

On Wednesday, he was treated to a lay-up interview on liberal mainstay NPR to explain his vote. “We’re coming up tomorrow on a year anniversary of the Mueller investigation—I think [we] should put to rest why these investigations need to conclude no matter how much this president tries to call witch hunt or fake news,” Warner said. Americans can not allow such shenanigans to “distract us from getting to the truth,” he said.

Warner also made the point several times in the interview of emphasizing “the law” and that his highest priority is upholding the rule of law.

Warner’s 2020 presidential run would in many ways follow the models of his successful 2001 run for the governorship and 2008 run for senate: gain broad consensus support on the Democratic side, while quietly shoring up his potential constituency’s core institutions against a flawed Republican nominee unable to do so. In the process, the goal would be to peel off Republicans disenchanted with their candidate—especially prominent or wealthy ones; Warner has enjoyed scores of Republican endorsers in all his races. (The name of anti-Trump activist William Kristol’s newly founded (and Jennifer Rubin-endorsed) PAC is “Republicans for the Rule of Law.”)

To seal the deal he would work to run a general-election campaign less caustic and driven by identity politics, to try to close with independents.

The major hurdle to this gambit, all concede, is that the Democratic party has moved left since last decade.

“I think that thinking is why John Kasich will think he and [Colorado Governor John] Hickenlooper together have a path. Nobody wants that ‘centrist’ thing. Nobody outside D.C. anyway,” said a veteran Democratic operative with populist sympathies.

“I think he’d be great,” said a prominent Virginia activist who worked for Warner. “We need him.” But this person worries he simply “can’t win a primary” in a party moving closer by the day to nominating Sen. Bernie Sanders for president.

“Not the guy the Democratic base wants anymore,” a senior Republican aide emails, but notes that “it can change.” For now, however, this person sees a Warner-hostile circus. “Watching these primaries…electability is like a total non factor.”

But others see, slowly but surely, a path coming together. A major conservative activist says this continues to come up: “He IS the deep state’s candidate for president!”

But all agree that the old adage—“every senator looks in the mirror and sees a president”—holds true for Warner.

http://www.theamericanconservative....er-deep-state-champion-political-opportunist/
 
You’re refusing to address the above charge, literally demonstrating the point I made in the post you quoted.


I accept your concession.


You can accept deez nuts. Other posters have already shot holes in your latest bombshell. Remember when you went on and on for weeks about how the Nunes memo was gonna be a game changer.
 
How the FBI, CIA, and NYT Collaborated to Sway the 1996 Election
By Jack Cashill
The idea is floated frequently that the still nameless Russian collusion scandal is "worse than Watergate." It may well be, but that comparison overlooks a more useful parallel.

The gold standard of government conspiracy remains the investigation into the July 1996 crash of TWA Flight 800 off the south coast of Long Island. The ensuing cover-up involved many of the same players as in the Russia conspiracy and for the same immediate goal: to secure a presidential election for a Clinton.

As with the Russia scandal, not all the collaborators in the TWA 800 case were equally motivated or equally powerful. The White House drove the conspiracy through its Justice Department. The CIA executed it without conscience. The FBI grudgingly yielded to the CIA. And the New York Times dutifully reported what the FBI whispered in its reporters' ears.

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As to the National Safety Board, the only agency with statutory authority to investigate a domestic plane crash, the DOJ shoved it aside on day one. The U.S. Navy brass, whose "combatants" were responsible for the accidental shoot-down of the 747, kept their heads down and their lips impressively sealed. They had nothing to gain by rocking this boat.

In the TWA 800 case, as likely in the Russian case, the collaborators never conspired as a group, and very few among them knew the whole picture. The White House dealt with the Navy, but the Navy had as little as possible to do with the FBI or the CIA. The White House controlled the CIA, but the CIA did not deal with the NTSB and only rarely with the FBI. The New York Times never spoke to the CIA or the Navy.

The FBI talked almost exclusively to the Times. Reporters treasure such close connections with a source. The knowledge gleaned from these sources elevates the status of their newspapers and, more to the point, burnishes the star of the reporter within the newspaper.

If reporters have an inside source that talks only to them, they will often shape the news to avoid alienating that source. In fact, it is the rare reporter who can resist manipulation by a key source, especially if the source is telling a story that suits the politics of the newsroom.

This pattern of seduction and manipulation seems to have shaped the reporting in the Russia investigation as well. How else to explain a Times headline as implausible and borderline comic as "F.B.I. Used Informant to Investigate Russia Ties to Campaign, Not to Spy, as Trump Claims"?

In my own conversations with at least two of the Times reporters involved in the TWA 800 case, one in person, I was impressed by how little they knew about critical elements of the case, including the CIA participation.

As revealed in a recently unearthed cache of CIA documents, "[t]he DI [directorate of intelligence] became involved in the 'missile theory' the day after the crash occurred." According to the CIA, within two weeks of the disaster, FBI agents had interviewed 144 "excellent" eyewitnesses to a likely missile strike and found the evidence for such a strike "overwhelming." The CIA analyst boasted of discouraging the FBI from releasing its missile report. He seems to have succeeded.

Two weeks later, the FBI permitted the Times to interview one and only one eyewitness. That witness saw the event out of the corner of his eye and thought it was a bomb. He was the only eyewitness the Times would interview from that day forward.

At the FBI's direction, the Times ran an above-the-fold, front-page headline on August 23, 1996, "Prime Evidence Found That Device Exploded in Cabin of TWA 800." The conspirators had settled on a bomb as a sellable and less scary explanation than a missile. For weeks, at the FBI's direction, the Times ran stories about explosive residue found throughout the plane.

On September 19, two months after the disaster, the Times signaled the government's switch from a "bomb" to a "mechanical failure alone." On September 20, to explain away the explosive residue throughout the aircraft, the FBI claimed that the TWA 800 aircraft had "previously been used in a law enforcement training exercise for bomb-detection dogs."


As independent researchers easily proved, the exercise in question did not take place on the TWA 800 plane, and the training aids did not match in placement or in composition the explosive residue found after the crash. The Times never questioned the police officer who did the training, nor did its reporters ever question the FBI about the inconsistencies – even though they were obvious at the time to anyone paying attention.

Hovering above TWA 800 the moment it exploded was a U.S. Navy P-3 Orion with its transponder off. The P-3 plays a critical role in missile tests relaying information among the various "combatants," in this instance a cruiser and three subs that were in the "immediate vicinity" of the crash site.

Times readers never knew that the P-3 was there. The Times never asked any Naval officer a single question. Indeed, by November 1996, its editors and reporters were openly mocking anyone who suggested Navy involvement.

The collaborators had one final challenge before they could close the investigation: how to explain the 250-plus eyewitnesses – including military people, pilots, fishermen, and at least one person with a video camera – who saw a missile or missiles strike the 747. Someone near the top of this conspiracy took the task away from an untrustworthy FBI and assigned it to the CIA, specifically two CIA analysts who had no relevant expertise.

The FBI turned over the witness statements grudgingly. By late 1996, after reviewing just a fraction of those statements, the CIA analysts concluded that a spontaneous fuel tank explosion blew off the cockpit of the 747. Then the flaming, nose-less fuselage streaked straight up more than three thousand feet, leading the eyewitnesses to think they had seen missiles – a preposterous scenario that went unchallenged by the media.

In November 1997, in closing the criminal case, the FBI showed an animation of this alleged zoom climb and attributed it to the CIA. The Times asked no questions about CIA involvement – ever – even after the world learned about the "wall" that prevented these two agencies from cooperating in the run-up to 9-11. Times readers still do not know that the author of the "wall" memo, Deputy Attorney General Jamie Gorelick, also oversaw the cooperation between the FBI and the CIA on the TWA 800 investigation after she wrote the memo.

As troubling as the TWA 800 investigation was, the Russia case appears to be more troubling still. TWA 800 was a conspiracy of concealment. These are commonplace in all governments everywhere.

The Russia case involves a conspiracy of concealment, the Hillary investigation, and a much less common conspiracy of execution, the Trump investigation. Neither conspiracy could ever have succeeded without the cooperation of the major media, the New York Times in particular.

There are, however, two major differences between 1996 and 2016, and they will affect the outcome of the Russia case. One is the internet. The other is Donald Trump. Here is hoping the collapse of the latter conspiracy will lead to the exposure of the former.

https://www.americanthinker.com
 
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