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FISC Releases Previously Classified Judge Collyer Order – What Other FISA Cases Was Kevin Clinesmith Involved In?…

The DOJ-NatSec Division and FBI reported issues of fraud upon the FISA court in October and November prior to the IG FISA report release.  Specifically the DOJ notified the FISC that OGC Kevin Clinesmith had manipulated and falsified evidence. On December 5th, Judge Coller responded to that series of notifications with an order.
On December 9th, when the IG FISA report was made public, the FISC was given a declassified version of the report and was able to review for the first time. It was from that IG review that Collyer was able to establish the full context of the fraud upon the court. The court was given no advanced notification as to the totality of fraud upon the FISC other than a preliminary ‘head’s up’ on the OGC Clinesmith compromise.
As a result of the IG report, Collyer told the DOJ to declassify her response of December 5th, because she was going to make it public. Today Collyer released that order.
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House Ratifies USMCA Trade Agreement 385-41, Then Immediate Recess – Dems Head for The Exits…

As expected the House of Representatives has passed the USMCA trade agreement with an overwhelming 385 to 41 vote.  Pelosi’s political objective was to use USMCA to water down the toxic political environment created by her impeachment fiasco:

Also as expected, after passing the USMCA the House went into immediate recess for the Christmas holiday without any movement on the fraudulent impeachment articles.
In the time-frame between today and the return to the next congressional session in January, House lawyers will attempt to use the passage of the articles to support their background court cases: (1) McGahn forced deposition; (2) access to Mueller 6(e) grand jury information; and (3) possible access to Trump family financial records.
[PREDICTION for bookmark: Upon return in January Speaker Pelosi will refuse to allow impeached President Trump to deliver a State of the Union address in the House.]
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Incoherent Nancy Pelosi Releases the Flying Monkeys…

House Speaker Nancy Pelosi responded to questions and concerns about the construct of a heavily partisan impeachment process and her refusal to send the articles of impeachment to the Senate.
Highlighting the tenuous nature of the position now held by her party, a barely coherent Speaker Pelosi attempts to explain. As reporters ask questions, Pelosi becomes frustrated and tells the compliant media no more questions on impeachment will be entertained.
A day after impeaching the President, the Speaker of the House refuses to answer questions.   [Video prompted to presser portion at 11:50 – watch until 14:00]

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As noted by Jay Sekulow, the House portion of the impeachment effort is finished.  The constitution does not outline rules, managers, and delivery methods. Once the House votes to impeach, they are finished.  The Senate has full control now.
The Senate can begin their trial phase at any time and call for presentation of articles by the House.  If no-one shows up, case dismissed.  Pelosi/House has no role in next phase.
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Impeachment as a Means to An End, and Not The End Itself…

It does not seem accidental the hastily defined two articles of impeachment mirror the  arguments needed in two lower court cases brought by the House Judiciary Committee.

[Go DEEP HERE]

It is likely both articles of impeachment, “Abuse of Power” and “Obstruction“, are designed to support pending HJC court cases seeking: (1) former White House Counsel Don McGahn testimony; and (2) grand jury evidence from the Mueller investigation.
Because the full House did not originally vote to authorize articles of impeachment the House Judiciary Committee never gainedjudicial enforcement authority‘.  The absence of judicial enforcement authority was evident in the lack of enforcement authority in House subpoenas.
The House could not hold anyone in contempt of congress for not appearing because they did not carry recognized judicial enforcement authority. Additionally downstream consequences from that original flaw have surfaced in cases working through courts.
There is an argument to be made the rushed House articles are a means to an end. That is – a way for House lawyers to argue in court all of the constitutionally contended material is required as evidence for pending judicial proceedings, a trial in the Senate.
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Hubris – Nancy Pelosi Declares: "the senate rules are unfair" – "when rules become fair we will send articles"…

The entire House effort to impeach President Donald Trump has been a one-sided partisan effort; built upon a foundation of manipulation of process and dismissal of the minority rights throughout.
After the House voted along party lines, and in an act of stunning hubris, Speaker Pelosi now declares she will withhold the articles of impeachment until the Senate makes rules that she determines will be “fair” to the prosecution.  [Video at 09:00 prompted]

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Cunning Lawfare Maneuver – House Will Withhold Submission of Articles from Senate…

Seemingly overlooked by most, when the House voted on the ‘rules of impeachment’ they removed the traditional appointment of House Managers to a later date.
Normally the House Managers would be appointed at the same time as the impeachment vote; however, by withholding the appointment House Democrats are indicating they will not immediately send articles of impeachment to the senate but will rather hold the articles as support for pending court cases toward their judicial authority.
A cunning Lawfare ploy.

As interested observers will note the House never voted to authorize the full judicial impeachment process; instead they voted to approve an inquiry into whether an impeachment should take place.  By not voting to authorize articles of impeachment the House never gainedjudicial enforcement authority‘.  The absence of judicial authority is now working its way through the courts in various cases.
It appears the absence of appointing House impeachment managers; and the decision to withhold sending the articles of impeachment to the Senate; is now a specific design.
As the process appears to be unfolding, the Lawfare contracted lawyers representing the House: chief legal counsel Douglas Letter, Barry Berke, Norm Eisen and Daniel Goldman will now argue before the courts that all of the constitutionally contended material is required as evidence for a pending judicial proceeding, a trial in the Senate.
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Nuclear – Devin Nunes Questions FISC Judge Lack of Candor – Again Calls For Dismantling of FISA Court…

During a stunning interview last Sunday Devin Nunes called for the FISA court to be deconstructed.  In my opinion it was that statement, not the IG report, that spurred FISC Presiding Judge Rosemary Collyer to make a public order today.
Today, hours after Judge Collyer released her order, Devin Nunes responded to the review of the FISC by stating, accurately, Judge Collyer doth protest too much.
In this interview Devin Nunes outlines his February 2018 notification to the FISC about the specific fraud upon the court; and as a result of that (and a follow-up) notification, Nunes again takes the FISC to task for saying they were not aware.  Collyer was aware because Nunes told her.
Accepting the totality of the FISC obfuscation, HPSCI ranking member Devin Nunes again calls for the dismantling of the FISA court process. WATCH:


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Despite the media ignoring the scale of Nunes prior statements, this is not some just some arbitrary representatives’ opinion.  Nunes was Chairman of the HPSCI when he informed the court of the abuse; and he is currently the ranking member of the same committee.
It is not a signal flare from the ranking member of the HPSCI to call for a structural removal of FISC authority.  This is a nuclear blast from the primary person who previously guided the FISA re-authorization that permits the court’s existence.
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FISC Presiding Judge Rosemary Collyer Blasts FBI in Response to Evidence of FISA Fraud – Likely More Unreliable Applications…

To fully understand today’s response order (pdf here) from FISA Presiding Judge Rosemary Collyer to the DOJ/FBI, a little background context is needed.
As we noted, last weekend HPSCI ranking member Devin Nunes dropped the gloves and essentially stated the DOJ/FBI were conspiring against U.S. citizens with the wilful participation of the FISA court.  This was a stunning, albeit unreported, development.
Nunes change in posture is important because he outlined that without severe corrective action the FISC should be dismantled.  Additionally, on the specific issues of fraudulent applications to the FISC, in February  2018 Devin Nunes and former Judiciary Chairman Bob Goodlatte had prior communication to Judge Collyer with warnings.  Very strongly worded warnings and concerns.  So there’s a history on this exact issue.
In their prior communication Judge Collyer, representing the judicial branch, downplayed the warning of the legislative branch, and told Nunes and Goodlatte to work it out with the executive branch.   The developments over the FISA fraud now stand against that context.
Today, Judge Rosemary Collyer responds to the DOJ and FBI about the inspector general investigation and subsequent findings. [pdf here – and full embed below] Having read her writings, and understanding that everything FISC is classified, it is possible to see between the lines she writes.
Collyer outlines in her order how the DOJ-NSD and FBI reported issues to the FISC in October and November prior to the IG report release.  Essentially, Collyer implies the DOJ informed the court that additional FISA applications should now be considered unreliable as a result of the FBI Office of General Counsel compromise (Kevin Clinesmith):
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Maria Bartiromo Discussing Spygate: "People Will Be Prosecuted for Crimes Against a Sitting President"…

Decide for yourself why this was needed.  On the eve of Trump’s impeachment the Trusty Planners join with the Tick Tockers on Fox News.  We know Bill Barr will appear on Fox tomorrow to justify his lack of action.   CTH has a pretty good grasp of what’s going on.  Millions of battered conservatives still don’t see it.  Codependent no more.
At a key point in the interview Ms. Bartiromo says:

…”the lies are real, people will be prosecuted, and you are looking at crimes; not only against Carter Page, but against a sitting president”…


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How incredibly tragic is it with all the documents and communications that Barr & Durham can see today, that they have not taken action BEFORE the House can brand President Trump with the words “Impeached President” for the rest of eternity.
Amid all the shameful conduct from Washington DC over decades, the purposeful inaction by a lying U.S. Attorney General Bill Barr will forever cement his place in history.
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Forced by Reality – The Washington Post Cancels the Recession…

In July and August the U.S. was heading into a recession according to the media.  The Washington Post was at the forefront of the recession narrative with multiple articles predicting certain doom for the U.S. economy…. except there was a problem. All of the economic data would not support their predictions.  Things only got better.
The media gnashed their horrible teeth and stomped their horrible feet; alas Main Street continued to get stronger; wages higher, unemployment lower, and more middle-class Americans gaining strength and financial footing.  The media shouted at trees hoping and praying their predictions would soon evidence and the economy would throw itself into reverse.  Foiled again, it just never happened.  Democrats have permanent frowns.
Today the Washington Post admits defeat, informs their audience that cheering for economic collapse is futile, and states, reluctantly, the U.S. is unlikely to enter a recession:

The U.S. economy is heading into 2020 at a pace of steady, sustained growth after a series of interest rate cuts and the apparent resolution of two trade-related threats mostly eliminated the risk of a recession.

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