Law Review Article

To all my Ratburger friends, I was published in an online law journal. You can find the article here:

https://www.natlawreview.com/article/sanctuary-federalism-affirming-separation-powers-between-states-and-federal

I am going to warn you all now, you probably won’t agree with it, but I still think you will all enjoy it and find something to think about.

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More Media Perfidy

Our betters at the NY Times – the newspaper that illegally published the stolen “Pentagon Papers,” the one which recently prominently published an op-ed aimed at rehabilitating the so-called “Steele Dossier,” – that newspaper, along with the Washington Post – is now editorially averring that we should not be allowed to read the Nunes memo!

So a medium which publishes whatever it wishes, in its breathtaking hubris, now wants to censor a report of legitimate oversight by our elected representatives; a report documenting egregious wrongdoing. Beyond possibly oversight of national security agencies, is there any oversight more essential than that of our most powerful national police agencies (we are not even supposed to have federal police, yet, by any fair reading of the word, we surely do!)?

There is virtually no oversight of the FISA Court, and here, it is apparent that it was willingly misled by the FBI for blatantly political purposes on behalf of the Democrat Party and its nominee Hillary Clinton – i.e. the ones who paid for the scurrilous and false opposition research forming the very basis of the FISA warrant. One would think that a federal court would require an extremely high standard in permitting surveillance of a Presidential nominee’s campaign. Not here, it seems in our race to become a banana republic.

Under the exclusionary rule, it should be certain that any evidence derived from the investigation pursuant to this warrant cannot be used in any legal proceeding.”Fruit of the poisonous tree” is a rather weak metaphor. I prefer something scatological alluding to miasmas and spoor. The entire matter was incrementally excremental. The court even saw fit to defer to the politically-inspired lies over some period of time. Since the FBI never told the court the dossier’s provenance and known falsity, the court saw fit to renew the warrant three times rather than to correct its error. I guess FISA judges don’t read newspapers or take judicial notice of small matters of fact which are known to the general public.

Fake news or real facts? It is now clear which is preferred by the NY Times.


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A Nation of Laws or of (Wo)Men?

FoxNews reported, in an interview with Judge Napolitano, that Trump is in legal jeopardy because of emails related to Donald Jr.’s setting up a meeting at Trump Tower to ostensibly obtain dirt of Hillary Clinton. (link: https://www.newsmax.com/politics/andrew-napolitano-trump-tower-meeting-robert-mueller/2018/02/01/id/840953/ ) Supposedly, White House communications director Hope Hicks wanted to prevent the release of those emails. According to the judge’s analysis, this is conspiracy to obstruct justice. How it pertains to Trump himself is beyond me, but if it is even slightly plausible, expect the MSM to run with it screaming.

Lets us make a comparison. Because someone on Trump’s team wanted to hide emails, that is viewed as prima facie conspiracy to obstruct (conspiracy because it involved more than one person). Now, where have we seen that before?

Hillary Clinton ignored the law and had created (she did not do it herself) a private server to conduct her official State Department correspondence. That, in itself is blatant conspiracy to perpetrate a fraud on the US government, whose Freedom of Information Act requires all public officials to use official channels (the State Department’s email system) and to preserve all their official correspondence. After an investigation was already underway, 33,000 emails on that server were deleted and deleted in a such a way as to make them unrecoverable from the local hard drive (setting aside the question of whether or not they were recoverable elsewhere – not that the FBI seemed very interested in making the effort). As well, numerous cell phones were destroyed with hammers – just the kind of things ordinary folks do for the sake of personal privacy.

Saint Comey, aided and abetted by the MSM perpetrated a massive deception by way of deflection from these obvious felonies. They all framed the issue in terms of “carelessness” with classified information. That, too was felonious, but much more easily excusable. And the spin saw to it that that was all anyone talked about. Meanwhile, the blatant acts for which regular men and women go directly to jail – without passing “Go,” on a regular basis were simply ignored! Such cases for ordinary defendants rarely ever go to trial. They are pled out, since defense lawyers know their clients don’t stand a chance.

What Hillary did was uncontrovertibly conspiracy to commit fraud and conspiracy to obstruct justice. For anyone else, many or all the emails would have been recovered from other servers after a painstaking forensic investigation. Anyone else would have faced a withering interview with the FBI under oath. For anyone else, the FBI would not have participated in the clever misdirection – away from blatant felonies and toward simple carelessness. Even that “carelessness” was an intentional misdirection away from the “gross negligence” it actually represented.  We now know that Comey’s original exoneration statement, written months before Hillary was even interviewed, was redacted since it initially used the term “gross negligence” – the legal standard for requisite mens rea.

Not only have we become a nation of (wo)men and not of laws. It redounds to the benefit of the political party immune to shame, since the MSM never holds them to any principle except expediency. A Democrat’s multiple felonies are covered up by the FBI director. Meanwhile a Republican who merely inhabited the same building as his son working for his campaign (and who may have actually done not a thing wrong), is prima facie guilty of conspiracy to obstruct justice.

All this, in plain view, perpetrated by federal law enforcement at the highest levels.  Were there any actual journalism happening in the MSM – ‘investigative reporting” (à la Mike Wallace on 60 Minutes) is reserved exclusively for Republicans and is indistinguishable from character assassination. This exemplifies the faking of news at its most refined practice.


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