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EDNY Judge Finds Clear and Compelling Evidence of FISA-702 “Backdoor Search” Violations by DOJ

A few interested sites are noting a recently published decision in the U.S. v. Hasbajrami case in Brooklyn, New York, where Eastern District Judge LaShann DeArcy Hall identified the misuse of FISA-702 “backdoor searches” regarding defendant, Agron Hasbajrami.

Hasbajrami plead guilty to charges of attempting to provide material support to a terrorist organization, alleging that he intended to travel to the Federally Administered Tribal Area of Pakistan, where he expected to join a terrorist organization, receive training, and ultimately fight against U.S. forces and others in Afghanistan and Pakistan. However, after his guilty plea, while he is serving time in prison, prosecutors admitted some of the evidence against him came as a result of privacy violations, unlawful FISA-702 searches.

Hasbajrami sought to have the evidence against him thrown out on 4th amendment grounds (fruit of the poisoned tree) and withdraw his guilty plea. The Second Circuit Court of Appeals denied Hasbarjami’s blanket evidence suppression motion for the exclusion of all FISA Section 702 collection in his case but did not weigh in on whether the warrantless Section 702 database queries were constitutional, instead remanding the case back to Judge Hall for a review of that question.

Judge DeArchy Hall received the case again and reviewed all of the government motions against the request to suppress the evidence.  What results is a very well-constructed explanation and opinion of how FISA-702 was misused in the case [SEE 60-pg Opinion HERE].

The judge determined that U.S. government officials did factually violate the technical rules and procedures for the use of FISA-702 searches, and the DOJ should have gone to court to obtain a warrant to look at Hasbajrami’s private communication. In essence, yes, the 4th amendment protections of Hasbajrami were violated.  However, the issue of overturning the resulting evidence becomes a matter of legal distinction.

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Senate Majority Leader John Thune Interview About Supporting President Trump Agenda

Senate Majority Leader John Thune is maintaining his pro-Trump agenda position into day #4 of the administration.  Thune appears with the insufferable Sean Hannity to discuss his recent meetings with President Trump and Speaker Johnson, as well as the plans and forecast for legislative support of the American First agenda.

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President Trump Removes Diplomatic Security Service from Mike Pompeo Detail

According to the New York Times, President Trump has removed the security detail from Mike Pompeo and Brian Hook, in addition to previous removals for John Bolton.  The protective detail came from the U.S. State Dept under the Diplomatic Security Service.

NYT –  President Trump revoked security protection for his former secretary of state, Mike Pompeo, and a former top aide, Brian Hook, despite warnings from the Biden administration that both men faced ongoing threats from Iran because of actions they took on Mr. Trump’s behalf, four people with knowledge of the matter said on Thursday.

Mr. Pompeo and Mr. Hook had been part of an aggressive posture against Iran during the first Trump presidency, most notably the drone strike that killed the powerful Iranian general Qassim Suleimani in early 2020.

Mr. Trump also remains under threat because of that action, and his advisers have regularly stressed the seriousness of the situation in the years between his two terms in office.

Mr. Pompeo and Mr. Hook had their security details, which were believed to be provided by the State Department, pulled on Tuesday, one of the people briefed on the matter said. A day before, Mr. Trump pulled the U.S. Secret Service detail of John R. Bolton, who was Mr. Trump’s third national security adviser and also faces threats. (more)

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Realignment – NSA Mike Waltz Suspends all National Security Council Detailees Pending Review and Reapplication

As CTH previously noted, much of the success in breaking up the Intelligence Community silo operations will fall on the shoulders of National Security Advisor, Mike Waltz.

In fact, the structure of the intelligence information system currently under construction in the Trump White House depends on Waltz successfully organizing the new system. {GO DEEP}

In following the roadmap for the optimal outcome, NSA Mike Waltz has suspended all aides to the National Security Council pending a review of their alignment with the Trump administration.  Again, a good and necessary move.

That said, Mike Waltz is likely to make a few mistakes along the road to a rapid reorganization and anyone who does not have trust issues given the nature of what we have witnessed within the IC manipulation of government, would not be honest.  However, Waltz is -so far- following a sequential process that will position the National Security Council for the optimal outcome.

The downside to these early moves is that the SSCI is watching this restructuring while simultaneously pending the nomination hearings of DNI Tulsi Gabbard who would also play a vital role in the information flow if the NSC is to get the best information to work with.  A historic review of the Senate Select Committee on Intelligence shows they support the status quo IC and simultaneously hold power over the IC confirmation positions.

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Who is This John Thune?

The Democrats in the Senate are back to their old tricks of using delay tactics to stall President Trump’s nominees for cabinet positions.

The nomination of CIA Director John Ratcliffe passed out of the Senate Intelligence Committee with a vote of 14-3.  However, when the Majority Leader John Thune calls the Ratcliffe nomination to the floor for a full Senate vote, suddenly individual Senators start using procedural processes to delay the votes.

The issue is not about Ratcliffe per se’, without doubt Ratcliffe will pass a full senate confirmation vote without issue when it takes place.  The Democrats are using Ratcliffe to set the stage for delays in Pete Hegseth to be Defense secretary and Kristi Noem to be DHS secretary; along with a pending confirmation hearing set for Tulsi Gabbard (DNI) and Kash Patel (FBI).

This ultimately becomes the first test for Senate Majority Leader John Thune, who has previously said he would fully support a rapid confirmation process for all of President Trump’s nominees.  Former Majority Leader Mitch McConnell did nothing to force the Upper Chamber to confirm, Senator John Thune does not want to be seen as following McConnell’s path.  WATCH:

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Leader Thune and Senator Barrasso (#2) are now pledging to keep the Senate in session until the nominees are confirmed.  This stops the Senators from going home but inevitably ends up on a game of attrition. Whose determination will last longest, the minority resistance or the Senate majority.

This activity in the Senate comes as the latest Presidential Tracking Poll shows a net approval of +14, President Trump’s highest approval rating ever.  The Democrats in the upper chamber are walking a narrow path of irrelevance; however, they are counting on their superiority in the Senate to outlast any negative public opinion.

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Vice President JD Vance Swears in Secretary of State Marco Rubio

While President Trump was signing executive orders, the Senate voted 99-0 to confirm Marco Rubio as Secretary of State.  Not a single senator voted against Rubio.

Today, Vice-President JD Vance conducted the swearing-in ceremony, thereby immediately putting Secretary of State Marco Rubio officially into place.  Rubio becomes the first cabinet member to achieve Senate confirmation. WATCH:

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Judge Aileen Cannon Blocks Last Minute Attempt by Biden DOJ to Release Jack Smith Lawfare Propaganda

Last week Florida Judge Aileen Cannon outlined her skepticism about the motive and timing of the Biden-Garland DOJ seeking approval to send congressional representatives a volume II report outlining the Jack Smith investigation of President Trump in the Mar-a-Lago documents case.  Today in a 14-page ruling [SEE HERE] Judge Cannon blocked the DOJ effort.

While Jack Smith and the DOJ dropped the case against President Trump, there are still two defendants in the defunct case, Walt Nauta and Carlos De Oliveira.  Judge Cannon saw through the political Lawfare motive behind the report and noted there were numerous references to grand jury evidence and other materials that should never reach the public or violate the legal protections still afforded in the case.

WASHINGTON DC – […] In blocking lawmakers from seeing the documents report, Cannon wrote that Congress hadn’t subpoenaed it, requested a confidential review or identified legislation that would be aided by accessing Smith’s findings. Though the department has, in recent years, quickly shared the findings of special counsel investigations with lawmakers, Cannon said doing so in this case would result in a “reasonable likelihood” of “public dissemination.”

Cannon repeatedly slammed Garland and his subordinates, saying their claims about the need to show the report to Congress don’t hold water.

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President Trump Restructures the National Security Council and Removes IC Influence

People have asked why we focus so much sunlight and attention toward the network silos that operate the Intelligence Community (IC) and as an outcome the national security focus of government.  The answer is simple, as Mary McCord herself admitted publicly, the IC are the background approver for every weaponized approach of government, including the DOJ.

With that in mind, CTH has painstakingly made the case –with details and receipts– for a process of removing the IC silos from influence over the Office of The President.  The Chief Executive must control all elements of national security policy and implementation.

Thankfully, the Supreme Court recently affirmed the plenary power of the executive branch, and the unitary power of the President in controlling every system within that branch of government.

That ruling (presidential immunity) further bolstered the solution we have continuously proposed. The IC silos must be decoupled from the Executive office definitions of national security, until such a time as the IC institutions can be bought to heel.

The most effective way to confront a rogue, hostile and corrupt IC apparatus is to take away their power.  The best way to remove their power is to use their primary weapon, their silo structure, against them.

Turn each silo into an irrelevant echo-chamber by using the White House National Security Council as their replacement.  Regardless of what triggers the various IC silo embeds try to pull (CIA, NSA, FBI, DIA, etc.) let them shoot blanks by removing their power over policy and process.

If the IC is isolated from influence, eventually the Legislative Branch, specifically the Senate Select Committee on Intelligence and the House Permanent Select Committee on Intelligence, will realize the ‘Seven Ways from Sunday’ group no longer hold power.  The IC becomes a crew stomping their feet while no one pays attention.

This approach would be affected by restructuring the President’s National Security Council (NSC), the National Security Advisor (NSA Mike Waltz) and working with the Office of the Director of National Intelligence (DNI Tulsi Gabbard), in a synergistic process.   The IC become simply information functionaries. The Nat Sec Council then validates and defines the information, creates the definitions of national security interest, and initiates the guidance to President Trump, who ultimately triggers any action.

Until yesterday there were only a few subtle signs that this ‘silo isolation’ approach was being accepted as the most effective optimal solution to the problem within the intelligence apparatus. However, yesterday President Trump signed an Executive Order [SEE HERE] doing exactly the type of restructuring that is needed.

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FBI Director Nominee Kash Patel Delivers Speech During President Trump Inauguration Celebration

Kash Patel has been nominated to the position of FBI Director.  Patel’s nomination is strongly opposed by a full spectrum of Senate UniParty members; however, many of those same senators are fearful of the sunlight the denial of position would bring with it.

During President Trump’s confirmation celebration at Capitol One Arena in Washington, D.C., nominee Kash Patel spoke to the audience about the restoration of the American dream.

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Liberty Day

The Eagle has landed.

Harden up!

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President Donald Trump has fired multiple damaging XO’s directly into the heart of the beast. Now the waves of administration officials begin the arduous task of engaging each of the institutional silos to remove the entrenched corruptocrats.

WHITE HOUSE – “Section 1. Purpose. Article II of the United States Constitution vests the President with the sole and exclusive authority over the executive branch, including the authority to manage the Federal workforce to ensure effective execution of Federal law. A critical aspect of this executive function is the responsibility to maintain professionalism and accountability within the civil service. This accountability is sorely lacking today. Only 41 percent of civil service supervisors are confident that they can remove an employee who engaged in insubordination or serious misconduct. Even fewer supervisors –- 26 percent — are confident that they can remove an employee for poor performance.”

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