A few interested sites are noting a recently published decision in the U.S. v. Hasbajrami case in Brooklyn, New York, where Eastern District Judge LaShann DeArcy Hall identified the misuse of FISA-702 “backdoor searches” regarding defendant, Agron Hasbajrami.

Hasbajrami plead guilty to charges of attempting to provide material support to a terrorist organization, alleging that he intended to travel to the Federally Administered Tribal Area of Pakistan, where he expected to join a terrorist organization, receive training, and ultimately fight against U.S. forces and others in Afghanistan and Pakistan. However, after his guilty plea, while he is serving time in prison, prosecutors admitted some of the evidence against him came as a result of privacy violations, unlawful FISA-702 searches.

Hasbajrami sought to have the evidence against him thrown out on 4th amendment grounds (fruit of the poisoned tree) and withdraw his guilty plea. The Second Circuit Court of Appeals denied Hasbarjami’s blanket evidence suppression motion for the exclusion of all FISA Section 702 collection in his case but did not weigh in on whether the warrantless Section 702 database queries were constitutional, instead remanding the case back to Judge Hall for a review of that question.

Judge DeArchy Hall received the case again and reviewed all of the government motions against the request to suppress the evidence.  What results is a very well-constructed explanation and opinion of how FISA-702 was misused in the case [SEE 60-pg Opinion HERE].

The judge determined that U.S. government officials did factually violate the technical rules and procedures for the use of FISA-702 searches, and the DOJ should have gone to court to obtain a warrant to look at Hasbajrami’s private communication. In essence, yes, the 4th amendment protections of Hasbajrami were violated.  However, the issue of overturning the resulting evidence becomes a matter of legal distinction.

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In an effort to keep the Daily Open Thread a little more open topic we are going to start a new daily thread for “Presidential Politics”. Please use this thread to post anything relating to the Donald Trump Administration and Presidency.

This thread will refresh daily and appear above the Open Discussion Thread.

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Our Father, who art in heaven, hallowed be thy Name. Thy kingdom come. THY WILL BE DONE, on earth as it is in heaven. Give us this day our daily bread. And forgive us our trespasses, as we forgive those who trespass against us. And lead us not into temptation, but DELIVER US FROM EVIL.

For Thine is the kingdom and the power and the glory, forever and ever. Amen †

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According to the New York Times, President Trump has removed the security detail from Mike Pompeo and Brian Hook, in addition to previous removals for John Bolton.  The protective detail came from the U.S. State Dept under the Diplomatic Security Service.

NYT –  President Trump revoked security protection for his former secretary of state, Mike Pompeo, and a former top aide, Brian Hook, despite warnings from the Biden administration that both men faced ongoing threats from Iran because of actions they took on Mr. Trump’s behalf, four people with knowledge of the matter said on Thursday.

Mr. Pompeo and Mr. Hook had been part of an aggressive posture against Iran during the first Trump presidency, most notably the drone strike that killed the powerful Iranian general Qassim Suleimani in early 2020.

Mr. Trump also remains under threat because of that action, and his advisers have regularly stressed the seriousness of the situation in the years between his two terms in office.

Mr. Pompeo and Mr. Hook had their security details, which were believed to be provided by the State Department, pulled on Tuesday, one of the people briefed on the matter said. A day before, Mr. Trump pulled the U.S. Secret Service detail of John R. Bolton, who was Mr. Trump’s third national security adviser and also faces threats. (more)

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President Trump ordered the U.S. Defense Department to make “homeland security a core mission of the agency.”  In one of the first actions to support an executive order on border security, the Pentagon sends an additional 1,500 active-duty troops to support Customs and Border Patrol.

(Via Reuters) – […] The additional troops include 500 Marines, as well as Army helicopter crews and intelligence analysts. They will join 2,200 active-duty troops and thousands of National Guard that were on the border prior to Trump’s inauguration this week.

A separate official, speaking on the condition of anonymity, said there had been informal discussions about sending as many as 10,000 troops over time. But, officials cautioned, a final figure had not been determined, and troop numbers would depend on several factors, including impact on military readiness and what the Department for Homeland Security requests.

[…]  Acting Defense Secretary Robert Salesses said the U.S. military would help provide flights for Department of Homeland Security-led deportations of more than 5,000 immigrants held by U.S. authorities in El Paso, Texas, and San Diego, California.

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In an effort to keep the Daily Open Thread a little more open topic we are going to start a new daily thread for “Presidential Politics”. Please use this thread to post anything relating to the Donald Trump Administration and Presidency.

This thread will refresh daily and appear above the Open Discussion Thread.

(more…)

Our Father, who art in heaven, hallowed be thy Name. Thy kingdom come. THY WILL BE DONE, on earth as it is in heaven. Give us this day our daily bread. And forgive us our trespasses, as we forgive those who trespass against us. And lead us not into temptation, but DELIVER US FROM EVIL.

For Thine is the kingdom and the power and the glory, forever and ever. Amen †

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The Democrats in the Senate are back to their old tricks of using delay tactics to stall President Trump’s nominees for cabinet positions.

The nomination of CIA Director John Ratcliffe passed out of the Senate Intelligence Committee with a vote of 14-3.  However, when the Majority Leader John Thune calls the Ratcliffe nomination to the floor for a full Senate vote, suddenly individual Senators start using procedural processes to delay the votes.

The issue is not about Ratcliffe per se’, without doubt Ratcliffe will pass a full senate confirmation vote without issue when it takes place.  The Democrats are using Ratcliffe to set the stage for delays in Pete Hegseth to be Defense secretary and Kristi Noem to be DHS secretary; along with a pending confirmation hearing set for Tulsi Gabbard (DNI) and Kash Patel (FBI).

This ultimately becomes the first test for Senate Majority Leader John Thune, who has previously said he would fully support a rapid confirmation process for all of President Trump’s nominees.  Former Majority Leader Mitch McConnell did nothing to force the Upper Chamber to confirm, Senator John Thune does not want to be seen as following McConnell’s path.  WATCH:

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Leader Thune and Senator Barrasso (#2) are now pledging to keep the Senate in session until the nominees are confirmed.  This stops the Senators from going home but inevitably ends up on a game of attrition. Whose determination will last longest, the minority resistance or the Senate majority.

This activity in the Senate comes as the latest Presidential Tracking Poll shows a net approval of +14, President Trump’s highest approval rating ever.  The Democrats in the upper chamber are walking a narrow path of irrelevance; however, they are counting on their superiority in the Senate to outlast any negative public opinion.

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Not since Ted Cruz’s GOP nomination speech in 2016 had a political figure self-immolated with such tone-deaf stupidity as Vivek Ramaswamy when he blamed American culture as the justification why we need to import H1B tech workers.   It’s been all downhill from that apex.

On the day before President Trump’s inauguration, Ramaswamy announced he would be departing from the Dept of Govt Efficiency which he was tasked to lead with Elon Musk.

Normally, at this point we would say farewell and then forget about the guy. However, there are now numerous reports Ramaswamy intends to run for Ohio governor.  That would be a hot mess.

If Ramaswamy would win the GOP primary, which is debatable, he would be setting up Ohio for a democrat candidate to win in the general election.  The reality of things as they stand now is that a large percentage of the GOP base will not support Ramaswamy given his controversial remarks in support of H1B visas.

Vivek can continue trying to clean up his commentary, but he ends up in no better position than Ted Cruz and his “vote your values” nonsense at the convention.  There are certain times in a political career where success or failure is defined in a moment.  Ramaswamy, created a hot mess all around him for everyone with his H1B statements and protestations.

Elon Musk was quick to notice the toxic nature of the pro=H1B position and has been walking backwards ever since.  According to Politico, it was Elon Musk who wanted Ramaswamy to exit due to the public mess and distraction he created.  [LINK] Whether that is true or not, we don’t know.  However, it does seem possible.

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For the past 24 hrs. I have been battling a horrible case of foodborne illness.

Thankfully I am healthy, physically fit and have a strong immune system.

All is ok.  Love to all,

Sundance