There is considerable conversation, on all sides of the issue, surrounding a 6-3 supreme court decision today recognizing “gay” and/or “transgender” persons as being protected by the 1964 civil rights act under the definition of “sex”.  Factually, the decision authored by Judge Gorsuch writes those terms into the legislative definition; that’s a problem.

However, that said, for all practical purposes and intents, sexual orientation has been a protected employment category -as viewed by the Dept. of Labor and EEOC- since the mid-90’s. So some of the over-the-top exclamations, in both directions, are moot amid the world of practical application.

As to the issue of SCOTUS usurping the legislative responsibility for the practical wording of law, yes, this ruling is an issue, and Judge Alito is absolutely correct in all corners of his dissent.  Justice Gorsuch has opened a can of worms for downstream consequences unrelated to employment eligibility; and a myriad of potential future cases based on gender orientation are likely to flow to the court; so the big picture is problematic.

All arguments surrounding the issue of SCOTUS writing legislation through the delivery of opinion are merited and worthy.  However, on the specific application of ‘gender’ to employment eligibility, today’s ruling was already in place.  Amy Howe has a good encapsulation at SCOTUS Blog:

“Today the Supreme Court, by a vote of 6-3, ruled that even if Congress may not have had discrimination based on sexual orientation or transgender status in mind when it enacted the landmark law over a half century ago, Title VII’s ban on discrimination protects gay, lesbian and transgender employees. Because fewer than half of the 50 states currently ban employment discrimination based on gender identity or sexual orientation, today’s decision is a major victory for LGBT employees.”

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Earlier today President Donald Trump participated in a roundtable discussion with various Administration officials to highlight their respective efforts to safeguard America’s senior citizens. Attendees include: Attorney General Bill Barr, HHS Secretary Alex Azar, HUD Secretary Ben Carson, VA Secretary Robert Wilkie, HHS Administrator Seema Verma, Centers for Medicare & Medicaid Services (CMS), and Chief Gary Barksdale, U.S. Postal Inspection Service (USPIS).

AG Barr noted seniors are being targeted by internet scammers and gave examples of DOJ intervention. USPS Chief Barksdale noted similar activity using the postal service and highlighted USPS intervention and arrests. VA Secretary Wilkie noted efforts to combat COVID-19 amid senior veterans. There was also an extensive press availability.

[Video and Transcript Added]

[Transcript] – THE PRESIDENT: Okay, thank you very much. Today is World Elder Abuse Awareness Day, and we’re here to discuss our ironclad commitment to protecting and caring for America’s seniors.

We’re joined by Vice President Mike Pence, Attorney General William Barr, Secretary of Health and Human Services Alex Azar, Secretary of Housing and Urban Development Ben Carson — who, by the way, was fantastic over the weekend in various interviews you did, Ben. Really good job, I appreciate it. Secretary of Veterans Affairs Robert Wilkie, Administrator Seema Verma, Chief Postal Inspector of the United States Postal Inspection Service Gary Barksdale. And Gary has done a great job, especially with spotting drugs coming into our country. He’s done a fantastic job.

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Senate Homeland Security Committee Chairman Ron Johnson appears on Fox News with Maria Bartiromo to discuss his committee investigation into what the U.S. intelligence apparatus was doing during the 2016 election, transition, and first two years of President Trump’s tenure in office.

It’s a good interview, and chairman Johnson outlines additional subpoenas that his committee is submitting to compel testimony and gain documents.  However, it’s now mid-June 2020.

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I’m reposting a prior research outline below because something odd is happening in the background of this story. I’m not sure what it is, but there are small -seemingly disconnected- issues surfacing, that might tie back to this much bigger and purposefully avoided story.  I have learned to trust my instincts on this.

♦One – The FISA reauthorization legislation was dropped by Nancy Pelosi and all media conversation immediately vaporized.
♦Two – Crowdstrike is very concerned about this story every time it surfaces.
♦Three – If you understand the scale and scope of surveillance… does that explain the behavior of some people today [legislative (politicians), judiciary (judges), Pentagon (military)].

Are black files being used in 2020?

With the release of recent transcripts and the declassification of material from within the IG report on the Carter Page FISA, there is a common misconception about how the intelligence apparatus began investigating the Trump campaign. In this outline we hope to provide some deep source material that will explain the origin, and specifically why those inside the Intelligence Community began using Confidential Human Sources.

During the time-frame of December 2015 through April 2016 the NSA database was being exploited by contractors within the intelligence community doing unauthorized searches.

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Former Acting Director of National Intelligence Ric Grenell discusses his prior approach toward declassifying documents behind the Obama administration’s efforts to disrupt the incoming Trump administration.

As Grenell notes the prior administration was politically focused on targeting Donald Trump and weaponizing the intelligence apparatus to disrupt the Trump administration. Grenell discusses the over-classification of documents as a tool to hide intentional wrongdoing and corrupt intent.

It’s worth noting the interview is heavily edited; which, given Ms. Bartiromo’s granular insight on the issues, may indicate some of the conversation extended beyond what would be comfortable for the current investigation to be seen in public. (Just a hunch).

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On Thursday President Trump sat down for an extensive interview with Fox News host Harris Faulkner while in Dallas Texas.  The lengthy interview was broadcast Friday.

Ms. Faulkner uses subtlety to present her emotional perspectives as facts; however, within the wide-ranging interview President Trump focuses on common sense perspectives, approaches and sensible applications of policy surrounding U.S. law enforcement reform.

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DOJ Spokesperson Kerri Kupec is interviewed by Liz MacDonald to discuss today’s DC Circuit Court hearing in the Flynn case.  As Ms. Kupec notes there are several irregularities in the case stemming first-and-foremost from a decision by Judge Emett Sullivan refusing to accept an unopposed motion by both the DOJ and Flynn defense to drop the case.

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HPSCI Ranking Member Devin Nunes has an interview on OAN news to discuss FBI legal counsel Dana Boente and his exit from the FBI this month.  As Nunes notes Mr. Boente is at the center of an information flow which put him in a position to know the underlying evidence.  As an outcome of that position Boente is either a participant or a witness to corruption at the highest levels of the DOJ.

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In prior positions as U.S. Attorney for Virginia; and while leading the DOJ National Security Division; and then later shifting to the FBI as chief legal counsel under Chris Wray; Dana Boente was at the epicenter of corrupt intent and malign activity toward the Trump administration.

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After listening to oral arguments in the DC Circuit Court for the Flynn petition for a Writ of Mandamus (appeals court intervention); it seems very likely the panel of three judges will deny the Flynn defense and DOJ request, here’s why….

For the past decade CTH has been accurate in predicting these judicial events based on one overarching principle.  The issues at hand are political arguments being made in the sphere of legal proceedings.  As a consequence, all judicial proceeding continue -regardless of legal merit- until such time as they run into the final barrier of legal standing.

This same principle played out in the George Zimmerman case (Trayvon Martin).  This same principle played out in the Baltimore Six case (Freddie Gray).  A modified version of this principle played out in the Darren Wilson case (Michael Brown).

In the assembly of each prosecution there was no legal basis for the underlying case to proceed into the judicial branch, and yet those proceedings continued.  They continued because the case travel is based on politics, not law.  This is the essence of Lawfare.

As soon as the political runway of the case runs-out; then, and only then, does the case itself run into the law, and the case collapses.  The Michael Flynn case is still on the political runway; and the DC Circuit will not intervene as long as the runway still exists.

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In the case against Michael T. Flynn the DC Circuit Court of Appeals heard oral arguments this morning for a petition for Writ of Mandamus. Circuit Court Judges: ²Karen Henderson, ¹Robert Wilkins and Neomi Rao are presiding Judges.

Arguing before the court: Flynn defense attorney Ms. Sidney Powell; Mr. Jeffrey Wall, deputy US solicitor general argued for the government representing the position of the DOJ; and Ms. Beth A. Wilkinson representing the position of Judge Emmet Sullivan.

• Ms. Sidney Powell Begins through @27:40 (Foundation)
• Mr. Jeffrey Wall Begins @27:50 – 01:12:35 (Meat of Issues)
• Ms. Beth Wikkinson Begins @01:12:35

AUDIO of the Hearing Below:

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¹Judge Robert Wilkins is politically adverse to the interests of the DOJ/Defense and wants to deny the petition for intervention.  Judge Wilkins fabricates and manufacturers an irrelevant hypothetical example based on race to highlight his intent. [See @44:48]

²Behind the arguments of Judge Karen Henderson; it is visible she wants to deny the DOJ/Defense petition based on PC concerns that Judge Emett Sullivan is a black jurist. [See @1:00:37]

Prediction: The defense petition for the Writ of Mandamus will be denied (2-1); based, mostly on activist political intentions of Henderson and Wilkins.  However, there is an outside possibility for a limiting Mandamus ruling, where the DC Circuit Court will put limits on Judge Sullivan’s efforts to probe the motives of the DOJ.

The July 16th hearing with Judge Sullivan will almost certainly take place.

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