Today the DOJ files their surreply to the game-changing Flynn motion to compel Brady material filed by defense attorney Sidney Powell (full pdf below).  Within the DOJ filing the prosecution generally makes four arguments:

1. The government had no legal obligation to provide exculpatory Brady material prior to the plea agreement (Nov 30th, 2017).
2. After the plea agreement the government had no legal obligation to provide exculpatory Brady material that was not directly related to the evidence about the charge of Flynn lying to investigators during the January 24th, 2017, interview.
3. The government uses odd language to claim a draft of the Flynn interview report (FD-302) does not exist prior to their Feb 10th construct: “Even if an earlier draft of the [302] once existed, there is no reason to believe it would materially differ” from the agents’ notes.  Sounds sketchy, like they know an earlier draft does likely exist.
4. The government severely understates the conflict of interest created by the DOJ using the leverage of an incorrectly completed FARA submission to pressure the Flynn plea.

Flynn’s attorney Sidney Powell will now be allowed to file a sur-surreply to the position of the DOJ prosecutors.
(more…)

With all of the DC ankle-biters constantly nipping at his heels and opposing President Trump simply because he’s disrupting their indulgences, let’s hope the great people of Mississippi provide an energetic welcome…
Today President Donald Trump exits the swamp and heads to Tupelo, Mississippi, for a Keep America Great Rally at Bancorp-South Arena. President Trump is expected to speak at 7:00pm CDT / 8:00pm EDT with pre-speech rally events and speakers starting earlier.
UPDATE: Video Added (just hit play)

(more…)

Representative John Ratcliffe appeared on Fox News to discuss the latest developments within the one-side, partisan, effort to remove President Donald Trump from office.
Having sat through all of the closed-door basement testimony so far, Ratcliffe outlines how Adam Schiff created the appearance of impropriety through an orchestrated effort with embedded political officials.  “At the end of the day, the truth will defend itself.”

National Economic Council Chairman Larry Kudlow appears on Fox Business to discuss the latest excellent jobs report and the overall strength of the U.S. economy.
Additional points of interest discussed are the U.S-China trade negotiations, the status of the internal Beijing communist control over their economy and the ongoing issues with the EU.  Lots of good MAGAnomic news.

Jumpin’ ju-ju bones, the October jobs report has blown away all expectations in every possible metric.  It’s not just the top-line job gains, the two month revisions are huge.
The Bureau of Labor Statistics (BLS) report for October shows 128,000 job gains; and that number includes absorption for negative impacts due to -20,000 census workers coming off federal payrolls, and -42,000 striking auto-workers.  Far better employment numbers than all projections and estimations.
Additionally, the prior two months had massive upward revisions. August was revised up by 51,000 (from +168,000 to +219,000), and the change for September was revised up by 44,000 (from +136,000 to +180,000). With these revisions, employment gains in August and September combined were 95,000 more than previously reported (BLS Link).

“The October jobs report is unambiguously positive for the US economic outlook,” said Citigroup economist Andrew Hollenhorst. “Above-consensus hiring in October, together with upward revisions to prior months, is consistent with our view that job growth will maintain a pace of 130-150K per month. Wage growth remaining at 3.0% should further support incomes and consumption-led growth.”  (link)

The strong employment results are so strong the results now have all of the financial pundits reassessing their prior perspectives on the state of the U.S. economy.
(more…)

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.

President Trump Twitter @POTUS / Vice President Pence Twitter @VP

Stephanie Grisham Twitter @StephGrisham45

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 †

Tonight President Trump has announced via twitter that he and Melania Trump have moved their official legal residence from New York, NY, to Palm Beach, Florida:

(more…)

Representative Doug Collins appears on Fox News with pumpkin-head for a Halloween interview about today’s impeachment inquiry vote.

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.
(more…)