Saturday, August 20, 2022

Mar-a-Lago Panty Raid Redux, Red Wave Weakens and NC Court Voids Legislature

We're still seeing reactions to the judge magistrate's ruling giving the DOJ a week to prepare a redacted version of the affidavit that the judge magistrate was given to justify the raid on Mar-a-Lago. Herr Professor Jacobsen at LI, Mar-a-Lago Raid Hearing: “Government has not met its burden of showing that the entire affidavit should remain sealed” Requires Feds To Propose Specific Redactions: “I find that on the present record the Government has not met its burden of showing that the entire affidavit should remain sealed.”  From Breitbart, Judge Gives DOJ a Week to Prepare Redactions to Mar-a-Lago Warrant Affidavit. Of course, if they take two weeks and just black it all out, he'll make them do it again, ad infinitum. As Margot Cleveland at Da Fed notes the Trump Raid Judge’s Order Helps DOJ Drag Out Political Persecution Of Its Biggest Foe. "It is unlikely the public will see the search warrant affidavit anytime soon, especially if the prosecutors play a delay game."  Sundance at CTH is even less sanguine, Corrupt and Conflicted, Judge Who Authorized General Search Warrant and Raid on Trump Home Says Some Background Material May Be Needed to Protect Deep State from Tar and Feathers

In a just world a lawyer would look Judge Reinhart in the eye and tell him directly that his court, and the entire federal system of courts of which he is a member, are now positioned as the enemy of the people they have targeted with this weaponized system. General search warrants are unconstitutional, yet that is exactly what Main Justice requested and what Judge Reinhart approved.

Paul du Quenoy at Am Great writes What We Now Know About The Mar-a-Lago Raid, "A failing Biden Administration, facing a rematch against Trump and a pro-Trump Republican Congress in January, has launched a politically motivated assault." Ted Noel at Am Think thinks Truth Matters And Never More So Than With the Mar-a-Lago Raid. That's a little naive. Jack Phillips from ET confirms Trump Attorney Confirmed FBI Raided Melania Trump’s Closet, Couldn’t ‘Observe’ Them. Sniffing her undies? Prove me wrong. Matt Vespa at Town Hall thinks he knows Here's What Led the FBI to Seek a Search Warrant on Trump's Mar-a-Lago Home. On the cover of Rolling Stone, FBI Questioning Trump’s National Security Staff About His Top Secret Document Alibi, "The ex-president claims he's able to declassify whatever he wants. The feds are grilling former NSC personnel for answers, sources familiar tell Rolling Stone" Yep, that's what the Supreme Court said in 1988. Also from Vespa, Ex-Gorsuch Law Clerk Takes a Blowtorch to the Imaginary Law Violations the FBI Cited in Trump Raid.

Kevin Downey at PJ Media reports Trump Threatens "Major Motion" Regarding His 4th Amendment Rights. Sundance, President Trump Announces Court Filing Against DOJ and FBI for Fourth Amendment Violations. I hope he filed it in Florida or Wyoming. From the Wombat's In The Mailbox: 08.19.22 Don Surber thinks the FBI raid unites Republicans. I have my doubts.

Althouse, "In past columns, we have discussed the litany of 'slam dunk' crimes that Harvard Law professor Laurence Tribe has declared as established against former President Donald Trump..."
"This week, Tribe insisted... that Trump yet again is facing a 'slam dunk' criminal conviction over the raid on Mar-a-Lago.... Just last month, Tribe declared Trump clearly guilty of the attempted murder of Vice President Mike Pence on January 6, 2021. Tribe again insisted that the case could be prosecuted 'without any doubt, beyond a reasonable doubt, beyond any doubt, and the crimes are obvious.' I guess there is no doubt. There is also no compelling legal basis for the claim. Nevertheless, Tribe promised more if needed: 'There are other crimes that have been proven. Those are plenty to start with.' It is a curious thing that none of these prior 'proven' crimes have been charged...." Writes Jonathan Turley.
Capt. Ed at Haut Hair says Hmmm: FBI search of Mar-a-Lago run by same counter-intel group as Crossfire Hurricane, "Is this a conflict of interest, or business as usual at the FBI … or both?" Ace,
Paul Sperry: The FBI Team That Ran Crossfire Hurricane -- Currently Under Investigation by IG John Durham -- Is of Course the Team That Ran the Mar-a-Lago Raid, "Why shouldn't they be. Why shouldn't they be." Therefore, as Margot Cleveland notes Judge Won’t Unseal The Mar-a-Lago Affidavit, But It’s A Safe Bet The FBI Followed Its Depraved FISA Court M.O. "Given the similarities between the Russia hoax and this get-Trump hoax, let’s assume the affidavit has the same issues as the Carter Page FISA applications." The redoubtable Julie Kelly, this time from Am Mind, calls it a Rogue Agency. Dan Flynn at Am Spec claims Proof the FBI Dismissed Concerns Raised in 2018 IG Report,
"The agency’s officials continue to pull double duty on politically sensitive cases." Via the Wombat's In The Mailbox: 08.19.22, The Geller Reports an FBI Agent Pleads Guilty to Destroying Evidence to Frame Pro-Trump Political Prisoner
According to court documents, former agent Robert Cessario was charged with “corrupt destruction of record in an official proceeding” in connection to the corruption trial of former state Sen. Jon Woods of Springdale.

In the plea deal, Cessario stated: “I erased the contents of the computer hard knowing that the court has ordered that the computer be submitted for a forensic examination. I did so with the intention of making the contents of the computer’s hard unavailable for forensic examination. At the time, I knew that the contents of the hard drive were relevant to an official proceeding, that is, Cause No. 5:17-CR-50010, United States v. Woods et al. I corruptly performed and had performed, the erasures with intent to impair the integrity and availability of the computer hard drive and its contents for use in that official proceeding.”
. . .
The Court has known about the illegal destruction of evidence the entire time. Woods’ appeal to the 8th Circuit of Appeals before appellate judges Jane Kelly, an Obama appointee, Michael J. Melloy, a Bush Sr. appointee, and Jonathan A. Kobes, a Trump appointee, case# 18-3057 on October 16, 2020, was denied even though the appellate court knew that the FBI destroyed relevant evidence on purpose.

For George Neumayer at Am Spec, Peter Strzok Remains Exhibit A of the FBI’s Politicization, "He is still popping off after his stupendous act of partisan hackery." At Front Page, Video: Sharyl Attkisson Shares SHOCKING Story of FBI Targeting Her Family. Planned to plant child porn on her husbands computer. Via the Wombat's In The Mailbox: 08.19.22,  'Adam Mill' at Am Great, Shame the FBI or Abuses Will Escalate, "If the FBI can selectively leak portions of the affidavit agents used to justify the search of Mar-a-Lago, then why should it be allowed to conceal the rest of the affidavit?" Breitbart, Majority of Americans Now See FBI as ‘Joe Biden’s Personal Gestapo, and half of those think it's a good thing. 

Breitbart announces that Joe Biden Announces ‘Unity Summit’ After FBI Raid on Donald Trump’s Home, with ice cream cones for all. That'll do it.

At Da Blaze, Mike Pompeo claims Adam Kinzinger 'repeatedly asked' him for a job in the Trump administration. Hell hath no fury . . . Via the Wombat's In The Mailbox: 08.19.22, Don Surber: also, J6 may cost a Democrat congresswoman

As Jazz Shaw at Haut Hair reports More Jan 6 people convicted of "parading", Nick Arama at Red State says a  Documentarian Discovers Some Unusual Shots in His Jan. 6 Footage That Blow up the Dem Narrative

He has a picture and video of Capitol Police Lieutenant Tarik Johnson leading Oathkeepers into the building, then wearing a MAGA hat and yelling into a bullhorn, leading more of them out.

Now, this has been reported before, albeit not widely. But Johnson said he appealed to Oathkeepers who were outside to help get some of his fellow officers out who were trapped in the building.
. . .
So if you take the video at face value, Johnson was appealing to the people the government has painted as terrorists and they without hesitation went to help him to help get the officers out. He didn’t fear appealing to those guys. That sort of blows up a lot of the narrative that has been pitched against the Oathkeepers. Now, I don’t know what the legal status is of the folks who helped him, but if they got charged for going in, that would seem a very significant defense. Plus, it seems to militate against the “insurrection” idea, if they’re trying to help get people out. And they don’t look like “armed terrorists” as the Jan. 6 Committee has tried to paint them when they’re trying to help the police.

Switching to electoral politics, from the Wombat's In The Mailbox: 08.19.22  Weasel Zippers: Sen. Sheldon Whitehouse (D-RI) Won’t Say If Biden Should Run Again and Da Caller claims an EXCLUSIVE: Sen. Catherine Cortez Masto Runs Away From Questions About Biden Campaigning. Votes of no confidence. 

Breitbart snickers at how Trump Trolls Ocasio-Cortez in Fiery Sarcastic Endorsement. But Matt Labash has Chronic Trump Fatigue. At I&I Bob Maistros announces a Thoroughly Thumped Trump Must Pass The Torch To A New MAGA Champion. They'll try to thump the next guy just as thoroughly. 

At Da Caller, DeSantis Announces Office Of Election Crimes And Security Is Arresting 20 Individuals For Voter Fraud. Voter fraud? I was under the impression there's no such thing! From the Wombat's In The Mailbox: 08.19.22, the Shark Tank: Soros Stooge In Florida Mocks DeSantis’ Election Integrity Press Conference. Fox, DeSantis press secretary roasts ABC News over double standard on bill coverage, "New DeSantis press secretary continues office's pugnacious approach to media." Good. At Twitchy, ‘Maybe sit this one OUT:’ David French accuses DeSantis of attacking the First Amendment and it does NOT go well for him, like at all. And AllahPundit gets all excited over a New Hampshire poll: Maybe the "DeSantasy" really is over.

WaPoo has a collective chubby over McConnell’s grim 2022 expectations-setting. The unsinkable Mollie Hemingway at Da Fed tells him Come On, Mitch McConnell, Republicans Need You To Step Up And Lead. He's an old murder-turtle and set in his ways. Politico, Want to know if a red wave is happening? Watch this special election next week. Susan Glasser at the New Yorker, cited by Haut Hair cautiously hopes Could this fall really be not-awful for Democrats? AllahPundit, The new Senate polls are grim. But can they be trusted?

Two things are true and must be borne in mind when assessing the state of the polls as we continue to endure “bedwetting season.” One: There really has been meaningful movement towards Democrats across multiple polls lately. Too many pollsters are seeing it for it to be a mirage. The midterm race has tightened. If you doubt it, sift through this data compiled by a Democratic analyst.

Two: The polls were hot garbage in 2020 and may once again be underestimating Republicans considerably.

Mike La Chance at LI hears Tucker Carlson Sounds the Alarm About Republicans Blowing the Midterms, "Republicans need to run “on illegal immigration and crime…. These two issues threaten the existence of our society. So, maybe you should run on them….”" Anxious, as usual anxiously, GOP's November split screen - House and Senate Republicans' midterm fortunes are rapidly diverging. Politico's Playbook, Ron Klain says ‘season of substance’ could save Dems. You'd have to have one. But don't ever doubt the Republicans abilities to fuck up a wet dream. As witness, Hogan calls GOP gubernatorial nominee mentally unstable (WaPoo). Thanks for all the help, Larry. Jack Cashill at Am Spec decries John Danforth’s Shameful Subversion of the Missouri Senate Race, "The independent candidate he is funding will only help the Democrats." And Henry Olsen at WaPoo, Lisa Murkowski is showing the limits of political extremism. She would probably help more if she switched to the Democrats; which is why she won't.

AllahPundit smirks, Report: Trump increasingly worried that Oz is going to blow the Senate race in Pennsylvania. Jim Geraghty at NR claims brain-damaged John Fetterman Has Big Weaknesses "In 2013, when he was mayor, Mr. Fetterman used his shotgun to stop an unarmed Black jogger and detain him, telling the police that he had heard shots fired near his home and spotted the man running, according to the police report." Turned out he was innocent. NYT cite at Haut Hair worries that Once alarmed, mainstream Pennsylvania Republicans rally around Mastriano

Liz Lynne Cheney Will You Please Go Now! Althouse, "My party has changed a great deal over the last decade.... I can’t tell you how, but I think we’ll have more voices than one at some point." ""But right now one voice, and that’s President Trump’s voice, is the loudest and the strongest and bucking him is something people will do at their peril." Said Mitt Romney, quoted in "What Mitt Romney says about Liz Cheney possibly running for president" (Deseret News)." Nick Arama at Red State says Mitt Romney Just Stomped All Over Liz Cheney's Presidential Dreams. At HE, Liz Cheney– From RINO to Full-Blown Nutbar. At Front Page, Liz Cheney: Anatomy of a Political Suicide, "Trump Derangement Syndrome claims its most noteworthy victim." The sad AllahPundit has The sad Dan Crenshaw "I don't support Liz Cheney" video. Sundance features Tucker Carlson, Democracy Crushed Liz Cheney and She Can’t Stand It. From PI, James Carville Melts Down, Calls GOP Voters ‘Really Stupid’ And ‘Evil’ For Voting Against Liz Cheney. Now I know it was the right thing to do. Tristan Justice at Da Fed believes Top Cheney Lieutenant On J6 Committee Seeks To Sabotage GOP Chances In Missouri With Independent Senate Run. Likely so. Karen McQuillan at Am Great thinks The Woman Who Trounced Cheney is a Fighter, "America needs more of Wyoming’s old-fashioned individualism and Harriet Hageman will bring that to Washington." Paul Bedard at WaEx notes that Liz Cheney ends 75 years of modern political dynasties. Trump managed to strangle the Clintons, the Bushes and the Cheneys. Good, I don't think America needs political dynasties. 

From the Wombat's In The Mailbox: 08.19.22, Volokh Conspiracy: North Carolina State Supreme Court Makes a Bold Move. Declares the legislature invalid because of gerrymandering, substitutes rule by black-robed Democrat appointees. 

The three justices in dissent practically begged the U.S. Supreme Court to overturn this case as a potential violation of the republican guarantee clause of the U.S. Constitution.

Breathtaking. Will be interesting to see what comes next.

'Bonchie' at Red State, North Carolina Supreme Court Enacts a Full-Scale Judicial Coup

In what can only be described as a full-scale judicial coup, the Democrat-controlled body has ruled that the North Carolina General Assembly is illegitimate and can not enact amendments to the state’s constitution. Their reasoning? That the state’s legislature is “gerrymandered.”
🚨🚨🚨 North Carolina Supreme Court: racially gerrymandered North Carolina General Assembly, as an unconstitutionally constituted legislature, did not have the power to propose amendments to the North Carolina Constitution.

— Anthony Michael Kreis (@AnthonyMKreis) August 19, 2022
The amendments in question were to enshrine the state’s voter ID law and to put in place an income tax cap. Those are now in limbo after the Democrat supreme court decided it has supremacy over the duly-elected officials of North Carolina’s voters. It’s hard to put into words how crazy that is and how dangerous of a precedent it is. This is the same court that ruled earlier in the year that the general assembly can’t draw its own congressional map, representing one of the few GOP failures regarding redistricting in a red state.

Democrats currently hold a 4-3 majority on the court, a dynamic almost certain to change after November’s elections where the GOP is favored to take a 5-2 majority. So the good news here is that this insane judicial coup won’t last long. That it’s gotten to this point is still dangerous, though. What happens if courts all across the country start ruling oppositional legislatures are illegitimate? 

Linked at Pirate's Cove in the weekly Sorta Blogless Sunday Pinup and links. 

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