I’m catching up on perspectives from the talking head class about the ridiculous “hush money” legal case in New York City. As I watched the review by Jonathan Turley, I noticed the video caught someone on the livestream.
The issue of presidential immunity is being tested in the DC political Lawfare case against President Donald Trump.
As the Jack Smith prosecution claims President Trump tried to “overturn the results of the 2020 election,” the issue of presidential actions intended to secure & protect the legitimacy of election outcomes becomes a focus.
The legal counsel for President Trump has stated any action by the president to ensure election security falls within official acts, and is therefore subject to immunity from prosecution. The special counsel claims the act of reviewing an election outcome is a private benefit to the president and not part of presidential immunity.
The Supreme Court is now involved in determining whether the President of the United States has immunity from prosecution, or whether any/all future presidents can be prosecuted for their action while in office. Inside the debate is the larger question of whether the “bureaucratic state” controls the president, or whether the office of the president controls the executive branch bureaucratic state.
The leftists and communists agree with former AG Bill Barr, that institutions run the government, and the office of the President is simply a figurehead within it. In essence, the DC institutions are omnipotent and powerful, and the president is simply occupying space the deep state allows. That’s the core ramification within the immunity argument.
In this video, Justice Brett Kavanaugh asks several questions about limiting the immunity of the president and some of the ramifications that will surface for future presidents. WATCH:
Interestingly, at 2:30 of the video, Justice Kavanaugh notes the current Lawfare approach – crowdsourcing for prosecution angles with the DOJ, which was the same Lawfare approach used by the beach friends to attack Kavanaugh’s nomination. Judge Kavanaugh uses that hidden reference point – very subtlety – but its inclusion shows that he knows exactly what is taking place here.
I also like the part where the DOJ argues President Obama is not guilty of murder, via drone strike, because the type of murder created by Obama in that situation was “lawful murder.” Collateral killing via drone strike is considered by the DOJ to be: the lawful murder of another person with malice of forethought and specific intent to kill.
Gee, what could possibly go wrong with the DC administrative Deep State having the power to determine what is “lawful conduct” vs “unlawful conduct” by their political opposition? Oh wait, it’s done by DOJ statutory interpretation, lolol… now I feel better. Good grief, can people not see where this ends.
That said, here’s what the SCOTUS is going to do… I’m 95% certain of this.
[Oh, and Steve Bannon’s insufferable legal analysis, by Mike Davis, is GASLIGHTING. Davis is an idiot and totally dishonest legal mind (wants to be AG – God, help us), who only tells MAGA what they want to hear; so, I would suggest ignoring his claim that SCOTUS will rule support for Trump with absolute immunity. Mike Davis is totally wrong.]
This is not going to be a surprise for regular CTH readers; however, Politico is outlining how a group of Lawfare ideologues meet every Friday to discuss their constructed legal filings and the next week of attack angles against President Donald Trump.
In essence, the core group inside the meeting are what Christine Blasey-Ford called the “beach friends” when discussing who constructed the legal avenues for the ridiculous attack against Supreme Court nominee Brett Kavanaugh.
As we have noted for the past several years, it’s this same group of Lawfare ideologues, mostly former DOJ administrators and lawyers, who are behind every anti-Trump effort. The primary trio is Mary McCord, Norm Eisen (left in red tie), and Andrew Weissmann.
These are the three members who write the briefs and court motions that Jack Smith then files.
Mary McCord worked in the DOJ-NSD to secure the first Title-1 warrant against the Trump campaign; then she created the Logan Act violation to use against Michael Flynn; then she went to work with Adam Schiff and Jerry Nadler on both impeachment efforts; then McCord went to work for Bennie Thompson on the J6 committee; then she worked as the liaison between the J6 Committee and Fulton County DA Fani Willis, and now Mary McCord currently works for Jack Smith on the special counsel effort.
Politico outlines how Lawfare operative Norm Eisen organizes the weekly Lawfare meeting and lists the participants who also join in. Remember, Mary McCord, Norm Eisen and Andrew Weissmann are the primary Lawfare agents.
Via POLITICO – […] Every Friday, they meet on Zoom to hash out the latest twists and turns in the Trump legal saga — and intellectually stress-test the arguments facing Trump on his journey through the American legal system.
The meetings are off the record — a chance for the group’s members, many of whom are formally or loosely affiliated with different media outlets, to grapple with a seemingly endless array of novel legal issues before they hit the airwaves or take to print or digital outlets to weigh in with their thoughts.
The group’s host is Norman Eisen, a senior Obama administration official, longtime Trump critic and CNN legal analyst, who has been convening the group since 2022 as Trump’s legal woes ramped up. Eisen was also a key member of the team of lawyers assembled by House Democrats to handle Trump’s first impeachment.
In 2021 the DOJ Inspector General released an absolutely damning investigation of FBI conduct in the rape and sexual assault of U.S. Gymnasts. The IG report revealed how FBI agents facilitated Larry Nassar’s sex crimes by taking no action despite numerous witness statements to them.
Worse yet, the FBI never reported evidence of the sexual assaults to local law enforcement – and to top it off, the FBI agents lied during the investigation of their conduct. The DOJ under AG Bill Barr refused to prosecute the FBI liars, but today the DOJ gave the gymnasts $138 million, bringing the total lawsuit settlement to over a billion dollars.
Michigan State University gave $500 million to more than 300 women and girls who were assaulted. USA Gymnastics and the U.S. Olympic and Paralympic Committee settled for $380 million, and today the DOJ settled for $138 million. No one in the FBI was ever held accountable.
DETROIT — The U.S. Justice Department announced a $138.7 million settlement Tuesday with more than 100 people who accused the FBI of grossly mishandling allegations of sexual assault against Larry Nassar in 2015 and 2016, a critical time gap that allowed the sports doctor to continue to prey on victims before his arrest.
This is more than a little interesting and aligns with my own research and discussions. House Speaker Mike Johnson was lobbied by former CIA Director Mike Pompeo and current officials from the CIA, DNI and Intelligence Community.
This effort, and his son starting at the Naval Academy, is what changed Johnson’s mind about allowing the U.S. intelligence community to have his full support in the IC war against the American people.
The story is shared by CNN, the official outlet for perspectives and viewpoints held by the U.S. State Dept (CIA), so keep the narrative origination in mind. Here are the key points as written in the article:
WASHINGTON – […] The speaker’s embrace of Ukraine aid represents a remarkable evolution for Johnson, who voted against funding for the country as a rank-and-file member. But almost immediately after securing the speaker’s gavel, sources say he began to hear directly from critical Republican national security voices – including Donald Trump’s former secretary of state, Mike Pompeo, who impressed upon him the urgent need to approve assistance for Ukraine in its fight against Russia’s invasion.
In March, Ukrainian President Volodymyr Zelensky lobbied the speaker directly. Within minutes of the House approving a new military aid package for Ukraine on Saturday, Zelensky offered his thanks to US lawmakers, and in particular to Johnson for his decision that “keeps history on the right track.”
And more recently, Johnson received a key intelligence briefing from CIA Director Bill Burns, who painted a picture of the dire situation on the battlefield in Ukraine and the global consequences of inaction, according to multiple sources with knowledge of the situation. The briefing left a lasting impression, and Johnson became increasingly convinced the fate of Western democracy was on his shoulders, sources close to him said.
The “hush money” case in New York City is perhaps the stupidest of the Lawfare cases launched against President Trump. The premise is that President Trump tried to “influence the 2016 election” by paying people not to besmirch his reputation with negative stories about him. This is the basis of the “hush money” claim by state prosecutors.
The Federal Election Commission reviewed the details and found no merit to the claims of illegality, but the state of New York twisted the legal interpretation of “honest services” to make a claim that President Trump paid his attorney Michael Cohen and labeled the payments “legal services.” The state case is dependent on a logical fallacy that paying your attorney and designating the payment as ‘legal services’ is a fraudulent business practice. It really is nonsense Lawfare.
President Trump delivered remarks to the media after the first day of trial where his defense team said to the jury, “use your common sense. We’re New Yorkers, It’s why we’re all here.” WATCH:
During an early Truth Social post today, President Trump drew attention to the Supreme Court noting the double standard of what constitutes obstruction of an official proceeding [SEE HERE].
President Trump then expanded that double standard theme to ask the question about two tiers of enforcement standards for protests and recommended that Americans protest without fear.
Truth Social – “Why are Palestinian protesters, and even rioters, allowed to roam the Cities, scream, shout, sit, block traffic, enter buildings, not get permits, and basically do whatever they want including threatening Supreme Court Justices right in front of their homes, and yet people who truly LOVE our Country, and want to MAKE AMERICA GREAT AGAIN, are not allowed to “Peacefully Protest,” and are rudely and systematically shut down and ushered off to far away “holding areas,” essentially denying them their Constitutional Rights.
America Loving Protesters should be allowed to protest at the front steps of Courthouses, all over the Country, just like it is allowed for those who are destroying our Country on the Radical Left, a two tiered system of justice. Free Speech and Assembly has been “CHILLED” for USA SUPPORTERS. GO OUT AND PEACEFULLY PROTEST. RALLY BEHIND MAGA. SAVE OUR COUNTRY! “THE ONLY THING YOU HAVE TO FEAR IS FEAR ITSELF.”” (link)
This combative gaslighting from the US Senate about what FISA-702 does is off the proverbial charts. In this interview, Senator Lindsey Graham starts foaming at the mouth yelling about something that doesn’t even exist. This is nuts.
FISA-702 ONLY pertains to the private conversations of AMERICANS, not – I repeat – not any intercept or communication method that has to do with a foreigner or foreign adversary.
The only time FISA-702 applies is when an American person is captured in an intercept that has targeted a foreign person. Surveillance of foreign actors, foreign persons and intercepting communication of foreign entities does not require any FISA authority at all. Foreign actors do not have constitutional protection.
FISA-702 only applies when the intercept of a foreign person is connected to communication with an American person. In that specific scenario FISA-702 gives the U.S. government the authority to query the database of the American person.
However, the database search queries of Americans, people who have no contact with any foreign person, is the privacy aspect that has been abused by the intelligence apparatus. Senator Lindsey Graham comes unglued as he starts gaslighting on this issue. WATCH (prompted):
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The Deep State supporters are so committed to keeping the unconstitutional surveillance system of the American people in place, they will lie and makeup any fictitious scenario imaginable to retain it. This is nonsense.
This statement by Senate Intelligence Committee Chairman Mark Warner is so fraudulent in narrative construct it’s almost ridiculous. “SEN. WARNER: Let’s remember what 702 is. It is the ability for the United States government to surveil, listen in, on non-Americans foreigners who are abroad.”
Absolutely nothing about this statement is accurate. Foreigners do not have U.S constitutional protection. All foreign communications can be intercepted without issue, without FISA.
FISA-702 authority only pertains to Americans. The term “702” is specifically referencing private communication with/by an American. WATCH Warner lie:
TRANSCRIPT BELOW:
MARGARET BRENNAN: We begin today with the chairman of the Senate Intelligence Committee, Mark Warner. Good morning, and good to have you here.
The Fourth Amendment to the United States Constitution says: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Late last night, early this morning (after midnight), the United States Senate passed a FISA reauthorization bill that directly and specifically violates every tenant of the 4th Amendment.
The Senate voted to authorize warrantless federal government searches of every American’s private papers, effects, emails, electronic data records, cell phone calls, contact lists, text messages, buying habits, purchases, banking records, social media posts, direct messages, private communications and every keystroke of every electronic device in your life. All of it continues to be subject to the capture, review and surveillance of an unelected opaque law enforcement mechanism, and Congress supports it.
The issue is magnified, because the Supreme Court has never ruled on the constitutionality of the FISA-702 data collection system, because the Supreme Court also says no American has standing to challenge the federal government violation of their 4th Amendment right to privacy. It’s all infuriating… It’s all FUBAR!
Oh, and if you are reading this… you’re likely on the list.
Last night, Senator Dick Durbin (D-IL) teamed up with Sen. Kevin Cramer (R-ND) and added an amendment that would have required the government to get a warrant before reviewing any communications incidentally collected from Americans. The amendment was the last effort priority for a smidgen of hope; the IC railed against it, saying it would stop them from acting on critical “national security” information in real time. It failed by a vote of 42 to 50.
