Late last night another activist judge, U.S. District Judge Jon Steven Tigar in San Francisco (Obama appointee), issued a temporary restraining order against the Trump administration’s modified emergency asylum policy which barred asylum for aliens who enter the country illegally.
[Read Court Ruling HERE] Setting up, yet again, another likely higher court appeal/decision.
While a challenge was predictable, frustrating and likely to be spun up by media, the ruling only applies to aliens who gain illegal entry and request asylum.
Nothing in the ruling stops the hardened border enforcement and/or current expedited review and deportation program. In essence, keep the illegal aliens out and the judicial ruling is moot (until defeated in higher courts).
Though it might frustrate the left-wing media and the open borders crowd, no court can successfully demand the President of the United States to stop border enforcement.  This is why it is critical to have a strong DHS Secretary focused on stopping illegal entry.
This ruling will obviously be appealed by the DOJ; and politically the Democrats realize, in the bigger picture, this ‘open-border’ narrative is not good for them.  On its face this ruling is ridiculous as it eliminates/undermines the legal process for asylum requests by removing the distinction of illegal or unlawful conduct in the application process.
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Former federal prosecutor Joe diGenova appears on WMAL radio for a discussion of the joint house committee issuing subpoenas for Loretta Lynch, James Comey and Sally Yates.  diGenova brings up a good point, what happens if they just simply refuse to comply?  Answer: Nothing.  From diGenova’s perspective it’s chaff and countermeasures.
In this interview a fired-up diGenova strongly lambasts Bob Goodlatte, Trey Gowdy, Paul Ryan and Kevin McCarthy for enabling a highly political Rod Rosenstein and Robert Mueller to cover-up the institutional corruption within the DOJ and FBI.

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Retiring House Oversight Committee Chairman Trey Gowdy discusses the need to subpoena James Comey, Loretta Lynch and Sally Yates for testimony between the joint Oversight and Judiciary Committee.

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Interesting interview covering multiple aspects to the change in House power. Soon to be in the minority, HPSCI Chairman Devin Nunes discusses the likely diminished investigation into DOJ/FBI corruption as a result of Rod Rosenstein and “Dirty Cops” running out the clock.
One of the interesting points noted by Nunes is how Speaker Paul Ryan requested the DOJ and FBI declassify internal emails for House committee use. However, DAG Rod Rosenstein refused to provide the emails which highlighted how officials within the institution abused their authority.
It will be interesting to watch how the “trust the plan” group, those proclaiming Rod Rosenstein is the harbinger of DOJ virtue, reconcile today’s interview with Devin Nunes.

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Outgoing and retiring Chairman of the House Judiciary Committee, Bob Goodlatte, appears on Fox and Friends weekend to discuss the status of investigations into the DOJ and FBI corruption.
Goodlatte notes the reason for former FBI Director James Comey to refuse to testify to a closed session, and also outlines how the joint House Oversight and Judicary committee will turn over their investigative material to the Senate Oversight (Ron Johnson) and Senate Judiciary (likely Lindsey Graham) committees.

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Congressional oversight in the matters of the DOJ and FBI political weaponization has been negligent by design.  While Special Counsel Robert Mueller creates the “ongoing investigation shield” for all who would be questioned, the republican-led congress has been weak in delivering any actionable results through oversight.
All prior witness transcripts remain concealed as the GOP turns over power to the allies of the witnesses.  Many who have followed the details are frustrated, and with little to no progress within the DOJ/FBI investigation(s) there is an understandable sentiment we have once-again been played. [Fast-n-Furious; IRS; Benghazi; Clinton Emails and now the abuses by the DOJ and FBI.  All of it covered-up by the same can-kicking process]

To rub the proverbial salt in the wound, today Judiciary Chairman Bob Goodlatte announces his request to subpoena former FBI Director, James Comey (November 29), and former DOJ Attorney General, Loretta Lynch (Dec. 5th), in the lame-duck session prior to turning over committee power to the Democrats.
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Senator Lindsey Graham (U-DC) met with Acting Attorney General Matt Whitaker earlier today and pauses to discuss with interested media.  Graham confirms Whitaker is intent on allowing the Mueller investigation to come to its natural conclusion.
Additionally, Graham discusses a potential for he and Whitaker to work together next year on issues vitally important to the institution.  [ie. do not expect any ‘spygate’ stuff being discussed at any time over the next several weeks.]

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Additionally today, the Office of Inspector General, Michael Horowitz outlined departmental priorities for the DOJ in 2019. [READ HERE] Which leans heavily toward the possibility the next DOJ-IG report will be a white-wash over the FISA abuse. Notably absent from the challenge priorities is any direct interest in eliminating corruption.
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If you pause for a few minutes and look at every recent headline, and the story therein that delivers frustration;… I mean really elevate and look at the bigger issue inside each of the examples… there’s a connective thread surrounding a shift in law-and-order to focus on “criminal intent.”
“Intent”, not consequence, is now the larger shield being applied toward excusing the action of people within institutions of government and society.

Hillary Clinton was not guilty, because James Comey said they couldn’t prove intent. Recent DOJ releases highlighting: “declined to prosecute” all surround intent.  Illegal alien entry, and accountability for fraud, all downplayed because there’s no proof of intent.
In the larger picture, the focus on intent -a specific decision made within the administration of justice- has become a shield against consequence.
It was a “mistake”…. he/she/it made “a poor decision” etc.  A pattern of obfuscation downplaying consequence and allowing those decision-makers charged with delivering accountability to withdraw or apply the rules of law based on their individual overlay of ‘intent’.
That shift is factually visible everywhere now.
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In a move that supports President Trump, the U.S. Justice Department, Office of Legal Counsel (OLC), has released a lengthy memo [pdf available here] outlining the legal support for the interim appointment of Matthew Whitaker as Acting Attorney General.

(Via Wall Street Journal) […] The Justice Department’s opinion is aimed at critics who say Mr. Whitaker’s installation is an invalid run around the Constitution’s requirement that the Senate provide “advice and consent” for senior executive-branch nominations. It comes a day after the state of Maryland asked a federal judge to block Mr. Whitaker from serving, arguing that job should fall to Deputy Attorney General Rod Rosenstein.
A judge Wednesday set a hearing on that argument for Dec. 19.

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Back on July 22nd, the day after the July 21st surprise release of the Carter Page FISA Title-1 surveillance application, I wrote: “Oh My, This is Either A Sting -OR- The Most Corrupt U.S. Dept of Justice in History” (link).  The issue surrounded the seemingly transparent connection between the James Wolfe indictment and the FISA application.
Three months later, when James Wolfe accepted a single-count guilty plea offer around lying to federal investigators, the answer seemed obvious, at least to me.  Despite the evidence of leaking “top secret” classified documents within the Wolfe indictment DAG Rosenstein initially charged 3 counts of lying; and offered a lower guilty plea on one count.

Along with tenuous congressional testimony; a refusal to comply with document production; and a never-ending defense of the Mueller investigation; Rosenstein gives all appearances of an administrative state weasel.   However, there are solid and reasonable people who genuinely believe both Rod Rosenstein and Robert Mueller are doing a good, and fair, job for President Trump.
Jeff Carlson over at Marketswork does solid research and analysis.  His position on Rosenstein is far more favorable than mine; and in the interests of intellectual honesty, he could be correct [Here] and [here] and especially [Here], and  I could be entirely wrong.
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