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The Supreme Court Halts Lower Court Ruling for President Trump Tax Returns….

The Supreme Court has halted a lower court ruling that granted the Committee on Oversight and Reform access to President Trump’s tax returns.  However, that’s not necessarily the lede.
The issue at stake is whether the legislative branch can penetrate the constitutional firewall which exists within the separation of powers. The House issued a subpoena in February for eight years of the president’s tax returns, which the Committee then later argued was part of the September House impeachment investigation.

All of the surrounding court rulings are predicated on accepting a constitutional process for an official impeachment investigation is underway.  However, the Supreme Court will hear arguments that will likely challenge that assertion.  To wit, within the buried lede to the background issue we find this paragraph:

On Monday, Douglas Letter, general counsel for the House Committee on Oversight and Reform, had sent a letter to the court, agreeing to a brief 10-day stay while the parties filed their court papers debating the need for an injunction while the case is being considered. (link)

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Impeachment in The Courts – HJC vs DOJ Appellate Arguments Scheduled for November 12th…

There is an important granular aspect to the validity of the House impeachment process that few are paying attention to.  If the HJC loses this case in the DC Appellate Court, it means there is no constitutional foundation recognized to the “impeachment inquiry.”
Without the constitutional recognition of the judicial branch then: (a) Pelosi/Lawfare have to restart the process with a genuine House vote; or (b) the ongoing impeachment process will have no recognized constitutional standing; and (c) the Senate could ignore any House impeachment vote, cast without recognized constitutional standing.

BACKSTORY: On October 25th DC Judge Beryl Howell granted the House Judiciary Committee (HJC) request for legal authority to receive 6e grand jury material underlying the Mueller report.
Additionally, and most importantly, within the Howell decision she officially recognized the HJC effort was predicated on a constitutional impeachment process.  In essence Howell’s opinion granted the HJC with “judicial enforcement authority.”
The DOJ moved to appeal the decision and requested a “stay” pending appeal.  Judge Howell rejected the DOJ “stay” motion.
The DOJ then appealed to the DC Court of Appeals.  A panel of three judges issued an “administrative stay”, blocking enforcement of the Howell ruling while the appeal was reviewed.  The DC Appellate Court has now scheduled the arguments within the appeal.
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Newly Empowered Chairman Jerry Nadler Moves on Second Front for Impeachment Assault – HJC Moves To Enforce McGahn Subpoena…

I’m going to attempt to remove the legal linguistics and explain what appears to be a highly predictable process most are ignoring.
BASELINE – After the 2018 mid-terms, and in preparation for the “impeachment” strategy, House Intelligence Committee Chairman Adam Schiff and House Judiciary Committee Chairman Jerry Nadler hired Lawfare group members to become House committee staff…. Chairman Schiff hired former SDNY U.S. Attorney Daniel Goldman (link), and Chairman Nadler hired  Obama Administration lawyer Norm Eisen and criminal defense attorney Barry Berke (link).  House Speaker Nancy Pelosi then hired Douglas Letter as House General Counsel – all are within the Lawfare network.
♦On October 25th DC Judge Beryl Howell granted the House Judiciary Committee (HJC) request for legal authority to receive 6e grand jury material underlying the Mueller report.
Additionally, within the Howell decision she officially recognized the HJC effort was predicated on a constitutional impeachment process.
In essence Howell’s opinion granted the HJC with “judicial enforcement authority.”
♦The DOJ moved to appeal the decision and requested a “stay” pending appeal.  Judge Howell rejected the “stay” motion.
The DOJ appealed to the DC Court of Appeals.  A panel of three judges issued an “administrative stay”, blocking enforcement of the Howell ruling while the appeal was reviewed.
The temporary administrative stay was granted to freeze the status quo while the court considers whether to grant a longer stay that would remain in effect until the DOJ appeal is argued or decided (deadline tomorrow).  The outcome is pending.  Judge Merrick Garland is the Chief Judge of the DC Appeals court.
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Curious Statement, Curious Timing – Senator Lindsey Graham Announces Intent to Abdicate Judiciary Chair Following 2020 Election…

Senator Lindsey Graham, who has increasingly come under pressure for doing nothing as the powerful Chairman of the Senate Judiciary Committee, announces today that he will be abdicating his chairmanship immediately after the 2020 presidential election:

(Via Politico) Lindsey Graham (R-S.C.) plans to hand the chairmanship of the Senate Judiciary Committee back to Sen. Chuck Grassley (R-Iowa.) in the next Congress.  Graham took over the panel this year from Grassley, who left to chair the Senate Finance Committee.

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REPOST: Details of House "Impeachment Inquiry" Resolution…

Repost by Request – with intro:   After the 2018 mid-terms, and in preparation for the “impeachment” strategy, House Intelligence Committee Chairman Adam Schiff and House Judiciary Committee Chairman Jerry Nadler hired Lawfare group members to become House committee staff.
Chairman Schiff hired former SDNY U.S. Attorney Daniel Goldman (link), and Chairman Nadler hired  Obama Administration lawyer Norm Eisen and criminal defense attorney Barry Berke (link).  House Speaker Nancy Pelosi then hired Douglas Letter as House General Counsel – all are within the Lawfare network.

[Barry Berke, left and Norm Eisen, right – pictured exiting the HSCI scif with Jerry Nadler on the same day Pelosi’s “Impeachment Inquiry” Resolution was released, 10/29/19]

After Goldman, Eisen, Berke and Letter were hired in late 2018, Pelosi then went about changing the Rules of the House in January ’19.  Few were paying attention until recently.
In the last month many people have surmised that Pelosi and Schiff moved to utilize the Ukraine/NSC impeachment angle *after* the Mueller angle for impeachment ran into trouble. However, CTH research (widely criticized in 2018) doesn’t reflect the Whistle-blower impeachment plan as an ‘add-on’.  Instead, what we see is the use of the HPSCI; and the use of embeds within National Security Council staff; by design.  The Schiff events of today were always part of a prior planned design.
Only two committees hired Lawfare staff in 2018: Judiciary (Eisen & Berke) and HPSCI (Goldman).  This evidences a 2018 plan to use the Judiciary and HPSCI for the impeachment process as designed by the Lawfare contractors.  This design is also outlined in the year of public advice from the mother-ship, Lawfare.
They impeachment crew always planned to use the House Intelligence Committee; and they always planned to use activated sleeper cells within the National Security Staff.  None of this is organic; none of this current action was contingent upon a Trump phone call.  The whistle-blower approach was always going to be used; the only issue was: ‘how’?
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Pelosi Gaslighting Continues – False Claims: Administration "defying lawful subpoenas & document requests"…

Nancy Pelosi continues to mislead her ‘impeachment’ constituents.  Unfortunately the compliant media is refusing to hold her accountable.  House Democrat leadership has taken a climate assessment of democrat House members and Speaker Pelosi announced they will not hold a House impeachment authorization vote.   As a direct and specific consequence all committee subpoenas do not carry a penalty for non-compliance.

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“Lawful subpoenas”, literally require an enforcement mechanism; that’s the “poena” part of the word.  The enforcement mechanism is a judicial penalty, and that penalty can only be created if the House votes to authorize an impeachment inquiry.
Absent a vote to authorize, the Legislative Branch has not established compulsion authority (aka judicial enforcement authority), as they attempt to work through their quasi-constitutional “impeachment inquiry” process.
Instead of subpoenas, Adam Schiff (House Permanent Select Committee on Intelligence); and Chairman Eliot L. Engel (House Committee on Foreign Affairs) can only send out request letters. The compliance is discretionary based on the outlook of the recipient.
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Lawfare Group Begins Delegitimizing Supreme Court…

By now everyone is familiar with the Lawfare network; an alliance of ideological political interests inside and outside government who use the law to achieve their objectives.  [Specific Example Here]

During the Obama administration the Lawfare group: (1) weaponized the IRS for political targeting; (2) weaponized the DOJ and FBI for political targeting; (3) weaponized the intelligence community for political activism; (4) created new legal theories around ‘disparate impact’ to weaponize the National Labor Relations Board; and generally used embedded officials to advance far-left political interests across the spectrum of govt.

After they lost the 2016 election the Lawfare group immediately: (1) worked to delegitimize the presidency of Donald Trump; (2) delegitimize National Security Adviser General Flynn; (3) target, disempower and isolate AG Jeff Session; (4) delegitimize AG Bill Barr and the institution of the FBI outside their control; (5) delegitimize DHS, Border Patrol and Immigration Customs Enforcement (ICE); and (6) delegitimize any institution or office that would now be removing or overturning their former Lawfare constructs.
What we are seeing today from the Lawfare Alliance appears as a designed effort to continue this overall agenda; now focused on delegitimizing the Supreme Court of the United States.

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Big Win – Supreme Court Upholds Trump Asylum Policy "First Safe Nation"…

The supreme court has upheld President Trump’s immigration enforcement policy that denies asylum claims to migrants who travel through safe nations to reach the U.S.

(Via AP) […] The justices’ order late Wednesday undoes a lower-court ruling that had blocked the new asylum policy in some states along the southern border. The policy is meant to deny asylum to anyone who passes through another country on the way to the U.S. without seeking protection there. (more)

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BIG WIN – Supreme Court Allows $2.5 Billion Transfer of DoD Funds to Build Border Wall…

A major win for the Trump administration as the Supreme Court has just ruled to stay a lower court ruling that blocked the President from using $2.5 billion in defense funds to build border security wall.   This means the Department of Homeland Security can now use $2.5 billion in defense appropriations to build the border wall.  A massive win!

The ruling was 5-4 with the liberal justices in the minority.

WASHINGTON — The Supreme Court on Friday allowed the Trump administration to move forward with plans to build a wall along parts of the Mexican border while litigation over paying for it proceeds.

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President Trump and First Lady Melania Trump Pay Respect to Justice John Paul Stevens…

The body of retired justice John Paul Stevens, who died last week at age 99, returned Monday morning to the Great Hall of the Supreme Court, where he served for 35 terms.
The coffin of Justice Stevens, draped with an American flag, is in the center of the Great Hall, where he is lying in repose. The busts of former chief justices rest on the sides of the room.  This morning President Trump and First Lady Melania Trump paid their final respects.


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The president and first lady bowed their heads in silent prayer before taking a few moments to view Justice Stevens portrait, holding hands. The first couple did not make public remarks and left a few moments later.
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