The 11th Circuit Court of Appeals has ruled in favor of the U.S. Dept of Justice, National Security Division, and blocked the lower court order instructing the Special Master to review the DOJ claimed, “classified documents.” [pdf Ruling Here]
Essentially the order of the appellate court is based on the DOJ calling the material “classified” and “vital to national security”, and the court’s determination they have no authority to question the decision of the executive branch when it comes to matters of national security.
The court (judicial branch) openly states they defer to the DOJ (executive branch) as to any/all claims of harm to national security that may be caused by a review of documents the DOJ-NSD determine, on their own authority, to be identified as classified (sensitive, secret or top-secret).
Therefore, if the DOJ states sharing the “classified documents” with a special master may harm national security, the court must accept that position without challenge.
The 11th Circuit Court of Appeals is doing what the Foreign Intelligence Surveillance Court (FISC) does with the DOJ-NSD and any matters defined by the originating Main Justice officials as “national security.” The 11th Circuit is deferring to the DOJ.
The DOJ is granted legal benefit of the doubt on all matters of national security, which puts the DOJ-NSD in ultimate control over the star chamber they operate.
In the post 9-11 surveillance state, this approach by the DOJ-NSD is a pillar holding the Fourth Branch of Government in place, as we have outlined. The other pillars are (2) the Dept of Homeland Security, (3) the Office of the Director of National Intelligence, and (4) the secret FISA Court system.
All four pillars maintain an omnipotent fourth branch of government that operates entirely without oversight. As you can see in the 11th Circuit Court ruling, there is no check or balance in the post 9-11 national security state.
The only way to deconstruct this post-constitutional construct is to deconstruct the four pillars.
Eliminate the Dept of Homeland Security.
Eliminate the Office of the Director of National Intelligence
Eliminate the DOJ National Security Division
Eliminate the FISA Court.
Take down the pillars that hold up the fourth branch of government and the Omnipotent surveillance state is removed.
.
.
PS. People made fun of my prior suggestion for how President Trump could have declassified those documents. Perhaps now the ‘smart set’ people will see why my method, while unorthodox, was the best way.
~Reminder Here ~
.
Appeal to SCOTUS yesterday. Who’s over the 11th Circuit??? Thomas
Just put “National Security” on anything the FBI/DOJ doesn’t want seen.
I just hope Trump has identified all these docs as declassified as POTUS and has a record of same.
North Korea classifies every fact and figure as well to ensure state survivability, which tells you something.
We are dealing with ORGANIZED CRIME. .
Indeed — 0 ‘ Bama’s Dems make the Sopranos looks moral and intellectual.
This is why “intell” has been a “restricted line” for officers, unable to take operational combat command as an “unrestricted line” officer. Dark secrets always subordinated to command or else this.
He brought them to Florida prior to FJB being sworn in and therefore they are Declassified.
One would hope – but then WHY is Trump saying publicly “Presidents only have to think in their heads something is declassified to make it so”.
NO.
That is beyond stupid.
Thoughts in one’s HEAD are NOT ACTIONS.
Unsaid and needs to be put out there along side this article….besides the Precedents that may have been blindly cited by the courts as cover …. The Courts have accepted the blind faith in the “honesty and integrity” of the DoJ displayed by the FISA Courts.
This is also in keeping with the Courts selectively choosing to consider “only the merits and facts of the case put before the bench by involved parties.” The Courts are under NO OBLIGATION to consider anything but facts presented to them in court and applicable points of law….part of the justice is selectively blind thingy the courts like to state now and again.
So, the score card used by the court, to date:
Have lists of classified materials involved (lists unclassified)
President Trump refused to submit anything to mitigate the entries on the list list, Judge Deari asked
The FBI search of Mar-Lago is still legal as NOBODY has challenged it in court
There is no court presented evidence of DoJ/FBI wrong doing
There is likely some sort of INTEL Community input
There is a JoeBama Pen & Cell Phone note giving DoJ even more classification authority and perversely they still have President Trump’s Order to Office of the Attorney General (Bondo Barr).
Considering only what is “presented” to the court, the Court has no reason not to defer to the DoJ and FBI on matters of classification…that selectively blind thingy again.
Putting faith in the 11th circuit en banc if they decide to hear the appeal is 50-50 at best, as 6 of the Judges are McConnell approved.
ALL the “legal” escape hatches for Judges in involved in this case to “safely” side with the DoJ are wide open.
It will take an act of bravery on the part of Justice Thomas, as this is unfolding, to “temporarily stop” the DoJ until the Supreme Court considers taking up the case…another 50-50 event.
Yes. But doesn’t Trump have to put some evidence on the table at some point? When is that point?
Good question.
The excuse that appeared in the media, attributed to President Trump’s Team, may give a hint. His legal Team feared that presenting their evidence would compromise their defense in any criminal proceedings that may occur, related to the “raid”.
If true, the President’s Team has elected to play strategic defense with occasional foray’s (attacks) that can contribute to the defensive strategy…in military terms a form of active defense.
Also, something is amiss as President Trump’s lawyers also want to address each classified document, individually, to link evidence Presidential Orders to each document. The DoJ and Courts must have balked at that request and this was NOT reported by the media nor President Trump’s Team… which is odd on its face as this would have handled all the “priority reviews” by the Special Master in a very expeditious manner.
Thanks. RE: your last paragraph. It seems to me both sides are dancing around disclosing what documents are in the 100+ trove that was confiscated. Neither side wants to declare ‘here is what I have/had’.
If the documents expose DOJ crimes, it will suit DOJ to never declare. It also suits DOJ to leave Trump standing accused in the court of public opinion (but never formally accused by an indictment).
Obviously it is frustrating for people like me who just want daylight to be shed on everything.
We are dealing with ORGANIZED CRIME… And we must deal with them harshly. The law as applied is insufficient.
We are being abused by the system meant to uphold justice. We are trying to fight Hydra with a pocket knife.
Needs smart people as ruthless as the criminals, when needed. Just the facts.
The justice department is removing evidence from the table, how can they prove the evidence is classified if nobody can see it. We have to take the word of a biased DOJ official that it is classified? the word of a president trumps the word of a deep state operative.
Justice Thomas believes in the Constitution and the Law. He will not shrink from upholding, either the Constitution or the Law! Period!
From your lips to God’s ears.
So, I am thinking that however President Trump declassified those documents, whether he should have done this or should have done that, none of it will ever matter to a Communist judge.
Because for a Communist judge, the Law is irrelevant. What matters is the Communist agenda, and NOT what is written on a piece of paper.
So, since the agenda is to destroy President Trump – and they have openly stated that his destruction and the crushing of America are their goals – then any Communist judge will follow the agenda and not the Law.
NOTHING that President Trump can do – or could have done or should have done – will matter to a Communist judge!
So I find the opinion that “Trump is screwed” because he did not do such and such to be very odd.
As soon as his case appears before a Communist judge…he has lost!
And so: What must be done?
The Communist judges – infact, the Communist agenda and all of its supporters – must be destroyed!
How that will be accomplished -physically, metaphorically – remains to be seen.
Given the current Judicial environment of being selectively, narrowly focused on “presented evidence”, the court did not see anything to change their mind or even raise a question. In this environment the evidence has to be “presented” and points of law already put before them. The Judges are “legally” under no obligation to go any further. For whatever President Trump’s Team refused Judge Deari’s request.
That refusal indicates President Trump has some level evidence and proof. He and his Team decided not to submit it.
I wonder if they fear it would disappear.
I posted below…just leak the stuff and point to the fact only since the DOJ raided Mar-a-Lago has information been leaked.
“How that will be accomplished -physically, metaphorically – remains to be seen.”
On January 6th American patriots were screaming out for election Justice, but what has happened since?
“I STOOD IN THE COURT ROOM LIKE A FOOL.”
Was that the refrain of a Patriot losing freedom or a soft-shoe Trump attorney being defeated yesterday? Such litigious billet-doux is as useless and nonsensical as it is trying to overcome the ballot-doo doo sure to come during election month.
[I believe in America….I went to the polls….like a good American….]
“I believe in America….I went to the police….Like a good American….
I stood in the court room…..like a fool…..and I said to my wife….What Justice?”
Bonasera Amerigo
In the opening scene of The Godfather, Mario Puzo and Francis Ford Coppola send a prescient message about America’s (bought and sold) two tier system of Justice—a system made all too visible to us now.
In Italian, Bonasera Amerigo literally means Good Evening America. In retrospect it means—Wake Up America! The Godfather narrative is unfolded in the first six minutes….in the dark….
“It is better to be feared than to be loved, if one cannot be both.”
Niccolo Machiavelli believed that fear motivates more than love. It is the most effective tool for tyrants. It can be the most effective tool against them too.
Those of us who refuse to pretend the last election was not stolen have been labeled “extreme and dangerous”….He/They have so labeled us….
….so shall we become what he/they project on us in the labeling?….a million leg-breakers….this time lurking in the dark….or one or two or three….so he/they may think about mending bones?
You are correct that US courts have been transformed into 0bama Star Chambers. Doubt that conclusion? just ask Sidney Powell and Mike Flynn.
Elizabeth’s Star Chamber sent Mary, Queen of Scots, to the blade and her son, King James, gave us the English Bible and his book on “Demonology.” Evil has a name.
So lawfare works as 0 ‘ Bama’s privy council? Yes, evil does have a name: “Democrat.”
Brilliant John OB … Brilliant! I haven’t thought of that clip in the full context you provided. Thank you for that, my friend. And just look at how the Entire Deep State fears Trump. Yes, legs need to be broken. This cabal against America must be hobbled.
Yes.
Here’s How President Trump Can Declassify Documents Around the “Authorization Process”…Brilliant!
Too bad he didn’t follow your advice…
So the government has carte blanc to cover up its crimes by just claiming “national security”. Sickening.
Exactly! What matters most for the DC Swamp is “continuity of government,” which sounds good until one realizes that, for Democrats, l’etat c’est 0’Bama…
Good thing military sworn to uphold constitutional republic…
They also can do anything they want from the executive side by declaring a state of emergency. When the masks came off, the path to tyranny was paved with these two tools. Noone with the power to stop them is willing to do so.
We can practice civil disobedience. Nobody believes BiteMe anymore! Or his henchmen.
…the people who were brave enough to take on the power — and they exist — were silenced, sometimes permanently…
I still go back to my fake wrestling analogy. All of this is just part of the show. Whatever keeps the masses marching…
SCOTUS. NOW!
first ask for en bank review of the 3-judge panels decision, we need enbancf review by full 11th circuit, majority gop appointments, maybe some of them have more courage than grant and brasher who were appointed by trump but voted against him on this
Mike Davis says this is a minor set back. What amazes me is how those who should know do not know the law. These “judges” need to read the Supreme Court ruling from 1987. I am sure the Trump lawyers will take this to the Supreme Court…in the meantime, the doj continues to read over documents.
In my unhumble opinion, Sundance, those not in the “parties” have more knowledge and understanding of the Constitution, law, and legal terms than those in the fields. People are not stupid. Quiet, slow to ire, sure…but stupid? No.
Sadly GNanny12345 … greater and greater numbers of Americans ARE stupid. Miseducated by our public schools, distracted by pot-smoking, TicTok videos, video games, and a host of circus-like diversions from the REAL world and the TRUTH. Because you are a Grand Nanny to 5 beautiful grand children … you are among the “wise class” of Americans who were taught and learned TRUTH … not the falsehoods of CRT and a “racist” traditional America. “Racist” American Laws and Justice.
The Deep State and their corrupt puppet Politicians are in power BECAUSE of the vast numbers of truly STUPID people in America. Rush was nicer than me, and called them Low Information voters. These people will be begging for government cheese in the coming DEPRESSION. And they will only think of government as their savior … not their Destructor. Too stupid to connect the dots.
I would include the break-up and reconstitution of the FBI under, for example, the Federal Marshall’s Service. They should only be involved in law enforcement not domestic intelligence.
Completely FUBAR.
The term “national security” has of course been language lawyered to mean, “Democrat, RINO, and Uniparty job security.”
Great. Now “National Security” joins “Medical Emergency” in the list of justifications to CANCEL the US Constitution. Just wait … “Global Warming Emergency” is coming soon. Before Bidinh leaves office either vertically or horizontally.
They have dirt or they will make dirty on anyone to cover, this justice system is going to be hard to break they are steeped in crime.
Our constitutional republic is at stake. There is no Rule of Law. The coup d’etat has been revealed. Military tribunals are the only way.
The military is corrupt, thanks to MAObama and now The Manchurian Marionette, at least at the higher levels, perhaps even mid-level: a military tribunal system is not to be trusted as a result.
Conservatives at their peril would look to the military for “help.”
Why would a rational and reasoned court defer to the DOJ and other agencies in the executive branch given their fictitious cases brought against DJT? This is going to SCOTUS, citing the need for oversight of the executive branch, a core constitutional pillar.
President Trump and Us are headed for defeat unless some devine intervention from God.
I continue to pray for justice for President Trump and US. All things are possible with God.
FUBAR
As the left views the Constitution itself, our 2nd Amendment is but a dusty old relic if we’re unwilling to step up. As the Amendment states, it is up to the citizen militia to provide the final bulwark against tyranny.
Nobody in power, either elected or appointed, is going to stop the onward march to the abyss of despotism.
Sundance has taught us many things and one is to look deeper.So here is some info on the three judges who made this decision. ROSENBAUM, GRANT, and BRASHER, Circuit Judges.https://en.wikipedia.org/wiki/Robin_S._Rosenbaum.Robin Rosenbaum was nominated by Obama.Note 91-0 confirmation vote.https://en.wikipedia.org/wiki/Britt_Grant.Elizabeth “Britt” Cagle Grant highlights.Nominated by Trump.Connections to Bush and Kavanaugh.She is married to Justin G. Grant, who worked for the Central Intelligence Agency.Senate voted 52–46 to confirm Grant.https://en.wikipedia.org/wiki/Andrew_L._Brasher.Note on January 3, 2020, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the Senate.[138] Later that day, he was re-nominated to the same seat.[139] The National Urban League and the NAACP urged the Senate to reject his nomination to the Eleventh Circuit.[140][141][85] On January 16, 2020, his nomination was reported out of committee by a 12–10 vote.[142] On February 11, 2020, his nomination was confirmed by a vote of 52–43.[143]
You know, F-this BS. Seriously. Play the damn game but better.
Leak the documents to a media person who will put them out there. Yeah, yeah, they will cry…boo hoo.
To play better, after you leak, and after they are shared via a media source…be the first damn person to come out and say something. Like- well, well, interesting. These docs have stayed hidden until the DOJ got them. Now they have been leaked. It falls right in line with their previous leaks. When they deny—
Just respond with: Oh, do you have specific people you leak too? Is that how you know?
And, if the docs are as damning as claimed- it won’t matter who leaked them….the populace won’t care. And any effort to to defend the criminals looks worse.
This game is not hard….jeez, just have the cajones to play it better.
The judicial system is flawed. The judge voiced her concerns and had an appropriate plan for the documents viewed by the document master who has the background as he signed off on FISA warrants. The 11th circuit has folded.
The government is and will continue to build a case against Trump, and no one is allowed to see the evidence. This is a violation of multiple civil and process rights. Only the government at this point knows what documents it has, including potentially Trump’s private papers, including his will.
Sundance is correct the 4 pillars need to be destroyed. We are not safe from our own government if this continues.
Eliminate the Dept of Homeland Security.
Electronic Registration Information Center(ERIC) is moving to Salesforce with Google as partner.
Georgia SOS Brad Raffensperger Secretly Hired Salesforce.com to Manage Voter Rolls on the Cloud – Lawmakers Must Speak Out and Resist This Dangerous Move!
Here We Go Again: Machine Failures Being Reported In Michigan Salesforce
By Brian Lupo
Published August 2, 2022 at 3:30pm
[video src="https://sp.rmbl.ws/s8/2/l/S/h/d/lShdf.caa.rec.mp4" /]
Two major primaries are taking place today in the states of Arizona, Missouri, Washington and Michigan. There has been a lot of focus on The Gateway Pundit today about Arizona, but Michigan has been relatively quiet. Until now.
Yesterday, Conservative Daily had Michigan attorney Stefanie Lambert on who dropped some incredible information: 60,000 people registered on Election Day in Michigan for the 2020 election. But 22% apparently left without voting! That’s interesting that these voters felt so compelled to register that they drove to their polling place on Election Day, registered, but then elected not to vote. Maybe they were just getting ready for the 2022 primaries.
Starting at the 5:36 mark:
TRENDING: SICK, EVIL PEOPLE: DC Media Harasses and Abuses Texas Mother Nicole Reffitt After Her Husband is Sentenced to 7 Years for Protesting Outside US Capitol on January 6
Now for the 2022 Primary…
Lapeer and Metamora Townships are reportedly telling voters to fill out their ballots and leave them with officials to be scanned later. This is happening due to reported problems with the voting machines and the barcodes on the ballots. Voters should have every right to make sure their ballot is properly processed prior to them leaving the polls. It’s bad enough that “properly processed” means a machine that doesn’t validate how you voted, but just that you did in fact cast a ballot.
I reached out to Lapeer for comment but there offices close at 2:30pm.
———————————
Let’s move from Electronic Registration Information Center(ERIC) to Salesforce.
Georgia SOS Brad Raffensperger Secretly Hired Salesforce.com to Manage Voter Rolls on the Cloud – Lawmakers Must Speak Out and Resist This Dangerous Move!
JUST IN: Judge Cannon has responded to the 11th Circuit Court of Appeals stay decision by striking aspects of her order appointing a special master.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION
CASE NO. 22-81294-CIV-CANNON
DONALD J. TRUMP,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.
ORDER FOLLOWING PARTIAL STAY
THIS CAUSE comes before the Court following the Eleventh Circuit’s Order granting the Government’s Motion for Partial Stay Pending Appeal. See Trump v. United States, No. 22-13005 (11th Cir. Sept. 21, 2022). The Eleventh Circuit’s Order stays the Court’s Order [ECF No. 64] to the extent it enjoins the Government’s use of the approximately one-hundred documents bearing classification markings and requires the Government to submit those documents to the Special
Master for review. In accordance with the Eleventh Circuit’s Order, it is hereby ORDERED AND ADJUDGED as follows:
1. The term “seized material” in the Court’s Order Appointing Special Master [ECF No. 91] is modified to include all materials seized on August 8, 2022, except the approximately one-hundred documents bearing classification markings [ECF No. 91 ¶ 2].
2. Paragraph 5(b)(i)(bb) of the Order Appointing Special Master is hereby STRICKEN [ECF No. 91 ¶ 5].
3. Paragraph 6 of the Order Appointing Special Master is hereby STRICKEN [ECF No. 91 ¶ 6].
DONE AND ORDERED in Chambers at Fort Pierce, Florida this 22nd day of September 2022.
AILEEN M. CANNON
UNITED STATES DISTRICT JUDGE
These are the two sections of Cannon’s original order that she has now stricken:
https://pbs.twimg.com/media/FdRN3p-WAAkKsAi?format=jpg&name=large
https://pbs.twimg.com/media/FdRN3p-XEAYEEJF?format=jpg&name=large
JUST IN: Judge Dearie has set out his plan of action now that the appeals court has taken classified records out of the mix.
He still wants to know if Reinhart should be handling any Trump motion to reclaim seized property.
II. REVIEW OF SEIZED MATERIALS
The following deadlines and procedures shall govern the parties’ and the Special Master’s review of the Seized Materials.
No later than September 23, 2022, the parties shall agree upon and contract with a document review vendor that will host the Seized Materials in electronic form.
No later than September 26, 2022, the government shall make available to Plaintiff and the Special Master copies of all Seized Materials in electronic format with each page bearing a unique Bates number.
The government shall also provide an electronic spreadsheet that: (1) correlates the Bates numbers of each document with the pertinent item in the Detailed Property Inventory; (2) for each document, specifies whether the Privilege Review Team has designated the document as potentially privileged; and (3) for any such potentially privileged document, identifies the nature of the potential privilege.
Plaintiff shall provide the Special Master and the government with an annotated copy of the spreadsheet described above that specifies, for each document, whether Plaintiff asserts any of the following:
a. Attorney-client communication privilege;
b. Attorney work product privilege
c. Executive privilege that prohibits review of the document within the executive branch;
d. Executive privilege that prohibits dissemination of the document to persons or entities outside the executive branch;
e. The document is a Presidential Record within the meaning of the Presidential Records Act of 1978, 44 U.S.C. § 2201, et seq. (“PRA); see id. § 2201(2); and/or
f. The document is a personal record within the meaning of the PRA; see id § 2201(3).
Plaintiff’s designations shall be on a document-by-document basis. For any document that Plaintiff designates as privileged and/or personal, Plaintiff shall include a brief statement explaining the basis for the designation …
One Obama judge 2 Trump judges. Listening to Sekulow Live, not very impressed with how trump team handled things to date with explanations.
I assume Dearie will review much of the other unmarked docs?
UNBELIEVABLE. The Judiciary has become equally completely corrupt. We’ll take their word for it? UN-Fin-Real!
Supreme Court, here we come!
Kind of sounds like they are giving great weight to the Executive Branch.
Except totally discounting the Presidents role in the Executive Branch.
The Executive Branch has all authority over classification, except for the President who has none?
Robert Barnes gave a long and detailed explanation for the circumstances in which special masters are brought in to review evidence. Citing precedent, he showed that the legal circumstances of the Mar-A-Lago raid, the political conflicts of interest of the DOJ, and the nature of and allegations made about the evidence in question fit to a tee exactly the kinds of circumstances in which special masters are routinely brought in. Barnes said that the case f0r bringing in a special master in this case was so rock solid, and the arguments against doing so so pitifully weak and legally without merit that only a corrupt judge would overturn the decision of the lower court. Well, it looks like the DOJ found their judge.
“…Those who possess wealth and power…must accept their own responsibilities. They must lead the fight for those basic reforms which alone can preserve the fabric of their own societies. Those who make peaceful revolution impossible will make violent revolution inevitable.”—Pres. John F. Kennedy, to Latin American diplomats, March 13, 1962
“The very word “secrecy” is repugnant in a free and open society; and we are as a people inherently and historically opposed to secret societies, to secret oaths and to secret proceedings. We decided long ago that the dangers of excessive and unwarranted concealment of pertinent facts far outweighed the dangers which are cited to justify it. Even today, there is little value in opposing the threat of a closed society by imitating its arbitrary restrictions. Even today, there is little value in insuring the survival of our nation if our traditions do not survive with it. And there is very grave danger that an announced need for increased security will be seized upon by those anxious to expand its meaning to the very limits of official censorship and concealment. That I do not intend to permit to the extent that it is in my control.”–Actual President John F. Kennedy
at the Waldorf-Astoria Hotel, New York City April 27, 1961
No wonder they smoked him.
The emasculated Judicial Branch has rubber-stamped the Deep State Coup against the Constitution’s Three Branches and anointed the Nat/Sec Fourth Branch as the Supreme Ruler of America.
The only ones with a stronger motive than the Deep State to overthrow Real President Trump are the ChiComs. It’s a marriage made in Hell.
Our National Security Police State would never dream of treating Chairman Xi like they do True President Trump.
They don’t harass and jail Chinese spies like they were Jan. 6th political prisoners.
They would never conduct a Federal Home Invasion of the Chinese Embassy like they did to Mar-a-Lago.
They are too focused on the Real President to fight our real enemies. Or maybe it’s because they regard them not as enemies but as their “strategic partners”. Or “owners”.
Rest in the Vine: Treason U.S.A.: Wuhan on the Suwannee and Other Tales of Treachery
Where are President Trump’s Attorney’s?
Why offer nothing to the judges that shows he declassified the documents when there is this?
(1) “Memorandum on Declassification of Certain Materials Related to the FBI’s Crossfire Hurricane Investigation”
https://trumpwhitehouse.archives.gov/presidential-actions/memorandum-declassification-certain-materials-related-fbis-crossfire-hurricane-investigation/
When President Trump was leaving office why didn’t his attorney’s advise him to sit down with Dir of NSA, John Ratcliffe, to “itemize and Inventory the documents” he was taking with him?
Given how rabid the govt jackals were during his entire tenure in office is appears from the outside that President Trump and his advisors are being out lawyered.
Classified at this point means anything that undermines the narratives and protects the IC community from accountability. The coverup continues.
This “national security” bs was tried during Nixon Watergate but it was overturned. Face facts that 1/2 of the nation’s population are unquestioning in their acceptance of a totalitarian governing model. It is true, they do not even consider the question.
Last night it was on that a FBI SWAT team agent went public against the regime. He has two children and has abandoned his career telling anyone who can hear the left are a totalitarian regime ignoring the US Constitution.
Products advertised on major media MUST be boycotted. Major media are the reason the US Governing deep state are getting away with this.
Thank goodness 2 of these 3 Judges are Trump appointed Judges.
This is why it was so important for Trump to be President – so he could stack the benches with Trump Judges.
Hallelujah!
The 11th Circuit’s deference to the DOJ shows why every suit filed over the Biden administration’s weaponization of the powers of government to attack its political opposition must include a guarantee clause argument. We must make the case that JoeBama is violating the guarantee that the states shall have a republican form of government, first because Biden and his puppet-master Obama ARE violating the guarantee clause, but also because the republican guarantee is written to be the most powerful provision in the entire Constitution.
That’s because it is the only guarantee in the entire Constitution. That logically gives it priority over every other constitutional provision. With the guarantee clause at stake an honest court would not be deferring to any other norm or priority in constitutional adjudication, and we have a reasonably honest majority on the Court right now. For the defenders of liberty, neglecting such a powerful provision is a huge mistake.
In the case of JoeBama’s election-stealing activities, application of the republican guarantee is straightforward. The first requirement of republicanism, as stated by Alexander Hamilton and other framers of our constitution, is that the people shall choose who shall represent them. That means first of all that elections must be honest.
The people cannot have elections stolen from them or they are not getting to choose who shall represent them, and since election laws and the conduct of elections are allocated by the Constitution to the states, any failure of the states to run honest elections is a violation of the Article IV section 4 guarantee to every state (really to the electorate of every state) that it shall have a republican form of government.
After honest elections, republicanism also requires that The People cannot have their preferred choice of candidates denied to them, as that is another way of not letting them choose who shall represent them, but this is of course exactly what the JoeBama administration is trying to do with their constant attacks on Trump and his supporters, weaponizing every arm of government to go after political opponents, in violation of equal protection.
What about the fact that this weaponization this is the FEDERAL government taking on an unrepublican form. Does that violate the guarantee to the STATES that they shall have a republican form of government?
A strong case can be made that since the states are under the federal government, the federal government must also remain republican in form, or else the states that are under it are subject to, and hence “have,” a form of government that is not republican. For Gorsuch the literalist that will probably be automatic, but any objective Justice should accept that the words themselves do imply this, and since this literal interpretation is in line with the obvious intent of the guarantee (to prevent any invasion by the cancer of unrepublican government), the literal interpretation should be accepted.
The special master case shows the importance of the priority that comes from making republicanism the only guarantee. If the special master issue had been presented in guarantee clause terms, the 11th circuit’s deference to DOJ would be a non-starter. There can be no automatic deference to the executive branch on matters of national security, nor to any other any other claimed principle of required deference, when there is a guarantee clause claim on the other side, because if upon full consideration the republican guarantee is seen to actually be at stake, it must always take priority.
Not only does the guarantee clause assert its own supreme priority, but this makes perfect logical sense. If we lose our republican system of government, where The People are sovereign, we have lost everything. Popular sovereignty both expresses the liberty of the people (letting us choose the rules under which we live), and it is our primary mechanism for “securing,” or defending, “the blessings of liberty.” If any cabal of tyrants do ever find their way into our halls of power, we can always “vote the bums out.”
If we ever lose that, we have lost everything, so preserving republicanism is indeed the ultimate priority, and that is what the republican guarantee imposes: republicanism must always come first.
Notice also the breadth of who is empowered to enforce the guarantee. It is to be enforced by “The United States.” That means in the first instance that all three branches of the federal government have both the power and the duty to do whatever is required to make sure the guarantee never fails. But the states are also part of the United States, and they can certainly argue that they must be included in the term here.
When the Supreme Court refused to hear Texas’ lawsuit against states that changed their election rules in ways that violate the federal Constitution, Texas Attorney General Ken Paxton asked rhetorically: “Is Texas not part of the United States?”
Indeed it is, but Paxton neglected to sue under the one provision of the constitution where being part of The United States empowers him to resist actions by other states that undermine election integrity. If he had had cited the guarantee clause he would have had a legitimate grounds for standing, and he might well have been able to win his suit on guarantee clause grounds.
To take the question of priority to the extreme, suppose JoeBama succeeds in packing the Court and SCOTUS decides that the states are not part of The United States for purposes of guarantee clause enforcement, making it easier for the election-stealers to complete their usurpation of our republican democracy. Should the states in this case recognize the supremacy of the Supreme Court over all other courts, in accordance with the Constitution’s direct assertion of SCOTUS’ supremacy?
No, because then the republican guarantee would fail to be a guarantee, and the republican guarantee is the only thing that the Constitution says must be guaranteed. Here the guarantee clause itself would instruct state supreme court justices that they must override the Constitution’s own assertions of SCOTUS supremacy and interpret their states as being part of The United States for purposes of guarantee clause interpretation, regardless of what SCOTUS says. It would basically tell the states that they are required to resist an unrepublican federal government, no matter what branches of the federal government stand in their way.
It would have been better if the Conventioneers had spelled out in the Constitution at least the most basic requirements of republicanism. So too should they have made it explicit that the federal government can no more be allowed to degenerate into an unrepublican form than state governments can.
But as un-fleshed out as the republican guarantee is, it is in fact already there in the highest law of the land, waiting to be used to defend us against any attack on our republican form of government, such as the JoeBama attack that is thrashing now like Godzilla attacking Tokyo.
Just presenting a guarantee clause argument invites every level and branch of government to join in and do its part to protect the power of the people to choose who shall represent them. We have to start using it.
A couple of comments on my mini-essay above. First a note on the importance of fleshing out the in the Constitution the basic necessary requirements of republicanism. The framers did not do this, and it really creates problems.
It’s not hard to articulate what the most basic requirements of republicanism are: honest election processes, and no weaponization of the powers of government by incumbents to attack their political opponents.
Violating either of these subverts the basic principle that “the people shall choose who shall represent them” (Alexander Hamilton, NY debates).
Other requirements for enabling effective political participation so that would-be winning coalitions cannot be suppressed would bar at least the massive government-private speech suppression that we see today.
Speech rights are of course separately protected by the First Amendment, but that doesn’t give free speech any special priority among constitutional concerns. Indeed, if you look at the arguments SCOTUS accepted about competing governmental interests (not even conflicting constitutional provisions) when it upheld the McCain-Feingold campaign finance laws, it’s almost like we don’t have a First Amendment, so compromised have speech rights become under current jurisprudence.
Sandra Day O’Connor and her damned balancing tests, where all kinds of things can overbalance the Constitution itself. “Congress shall pass no law” becomes “here are 36 pages of detailed regulations you’ll have to follow to engage in the most protected form of political speech, and by the way, they just happen to create a variety of bureaucratic agencies that will promulgate unlimited amounts of rulemaking, you’re welcome.”
So recognizing speech rights as a basic requirement of republicanism is important because it gives these rights highest priority. Nothing can override them, at least when a clear case can be made that the purpose is to block competing political views and keep political opponents from being able to effectively associate with each other so as to compete for political advancement on the basis of their views and platforms.
The other half of why it is important to nail down the basic requirement of republicanism is so that the extreme priority that goes with being the only guarantee in the Constitution cannot be abused by invokers of the clause who would claim to be overriding other constitutional concerns in order to enforce basic republicanism when they are actually doing the opposite, like Biden shutting down free speech about his election stealing because such speech supposedly threatens “our democracy.”
No, scrutiny of election processes is the most protected of all speech, under the real basic requirements of republicanism. It is crucial to make these things explicit so that these powers can’t be perverted. The more powerful a constitutional power is the more clearly defined and delimited it has to be.
That’s the opposite of what we have now with the guarantee clause. It is written very powerfully, but without being explicit at all about what the basic requirements of republicanism are. It is not hard to write these requirements down, and when we get a chance to properly amend our Constitution (if we are able to overcome the current usurpation), we really need to spell the republican guarantee out.
Excellent article: Andrea Widburg
https://www.americanthinker.com/blog/2022/09/the_eleventh_circuits_unconstitutional_ruling_against_trump.html
The problem with your argument is that the current president is biden and the current doj is his too.
The issue for the judge is what is classified right now whereas the issue for trump was whether his declassication order during his term was sufficient then.
The judges relies on the existing president and existing doj for guidances.
Trump should have declassified but more importantly informed the public of their crimes then.
Even now Trump has never specifically informed the public of the crimes being hidden behind classification of and by the criminal agencies. Most normal folks would have been shouting their crimes against him and Americans to the heavens by now.
Perhaps Trumps enabling of these secrets is his and our problem now.
I agree that Trump really blew it by letting the blatant traitor Bill Barr stonewall his declassification orders for two full years. Sheesh. It was obvious Barr was in on the cover-up and that should have told Trump that Barr would do whatever he could to keep Trump from being re-elected, since that was the only way to cover up DOJ/FBI crimes in the long run.
Trump needed to get Barr out before the inevitable crap hit the fan. Instead Barr was in place to do maximum damage, blocking all investigation of the massive election fraud by which the usurper Biden stole the election and usurped the presidency. (Redundancy intentional, grrr.)
But your legal point is not to the point. You might be right that it is entirely within Biden’s presidential power to declare the documents that Trump declassified to again be classified. That is, he might well be able to RE-classify them (though I’m not sure about that).
But even if he can and is doing this, that re-classification would be separate from the prior classification and the prior classification marks. Those classification marks were rendered void when Trump declassified the docs, so those marks cannot be taken to indicate any re-classification that Biden might be trying to impose.
Yet Biden is pointing the courts to the old classification marks as evidence of classification status. He is making an argument to the court that is inconsistent with any claim to be RE-classifying the documents.
Since the significance of the old classification marks is the specific issue the 11th Circuit ruled on, I think Widburg’s argument is completely correct. The 11th Circuit’s ruling is blatantly wrong and is probably destined to be overruled by the SCOTUS.
It looks like Garland is trying to avoid any claim that he is re-classifying the documents in question. Presumably he does not want to admit that Trump did declassify them. But on whether Trump did declassify them, he has to lose at the SCOTUS level. Not only is Trump the authority on what he declassified, but he has multiple witnesses.
This leaves Biden/Garland in a very weak position if the SCOTUS takes up the case. When it comes up that the old classification marks are moot, Garland will have to try to introduce on appeal how, “oh what we meant to say is that we are RE-classifying the docs.”
I don’t think that will fly on appeal. They don’t get to keep changing their argument. At the very least that should hurt them, wiping out presumptions of deference for instance.
But as I said in my long comment, the way for Trump to assert the highest possible priority for his claims is to at least include the argument that the raid was an unconstitutional weaponization of executive powers, deploying unequal justice in order to attack political opponents, in violation of the Article V section 4 guarantee of a republican form of government.
As the only guarantee in the Constitution, the republican guarantee self-asserts its priority over every other Constitutional provision, should any other provisions ever come in conflict with it. It if does not take priority then the guarantee fails to be a guarantee, and that is not allowed, by the meaning of a guarantee.
IV 4 is probably the only provision of the Constitution that can override deference to the executive on matters of national security, and present circumstances are just the kind of thing it is for. We have a usurper who is trying to hide his crimes. That is a lethal attack on our republican form of government, and preservation of our system of government has to come first.
It is right that protection of our system of government itself should be written so as to assume priority over every other consideration, and luckily it is, but that foresight is all for naught if we don’t start using it.
We have lost. Trump and his lawyers forked up. Dhimmocracy here we come.
Jovan Pulitzer. He has the proof of the fraud. But no one is talking about it.
Redacted for national security reasons. Right … Just like Andy McCabe’s $70,000 conference table.