Monday, May 20, 2019

Continued from previous entry.

I understand Trump MUST FOLLOW THE LAW and provide Congress with financial records. I'll be darn. Trump and his refusal to recognize his oath of office is found out again!

Second, while the OLC opinion concludes that a sitting President may not be prosecuted, it recognizes that a criminal investigation during the President's term is permissible. 3...

When Russians, the folks that are the focus of an ONGOING investigation walks into the Oval Office, especially after the Director of the FBI was fired, and is handed highly classified information, it seems really obvious there was a violation in the law. At that point, the facts would speak for themselves and any prosecutor, even a military prosecutor of the JAG Corp. could carry out the indictment.

Trump is carrying out his offensive behavior in breaking his oath of office in plain sight. The facts scream out loud.

3 OLC Op. at 257 n.36 ("A grand jury could continue to gather evidence throughout the period ofimmunity"). (click here)

...The OLC opinion also recognizes that a President does not have immunity after he leaves office.4 

Whoo dee do. What good does that do the USA military when it is lead by a Russian sympathizer?

4 OLC Op. at 255 ("Recognizing an immunity from prosecution for a sitting President would not preclude such prosecution once the President's term is over or he is otherwise removed from office by resignation or impeachment").

I am fairly certain the link below is the 1997 version of the US Attorney Handbook. It would be worth a read through by qualified persons in comparison of the 2019 version. I am concerned there are watered down ideas that would reflect a loss of sovereign strength of the USA Constitution.

This is archived content from the U.S. Department of Justice website. (click here) The information here may be outdated and links may no longer function. Please contact webmaster@usdoj.gov if you have any questions about the archive site.

This is the website that houses "Opinion by Volume" of the US DOJ. (click here) There are 34 volumes up to 2008 with two volumes in 1980. The decisions by Attorney Generals and Assistant Attorney Generals can be important, however, there needs to be review by the peer community that also carries weight when these weighty opinions are made. I don't think the DOJ should be freelancing in any opinion without sufficient peer review.

Below is the "Hyde Amendment" regarding the power of prosecution. There is already legislation that can temper opinions of the DOJ.

I. PROSECUTORS' DISCRETIONARY POWER: (click here) WRONGFUL CONVICTIONS AND CURRENT REGULATION A. The Breadth of Prosecutorial Discretion Federal prosecutors wield an enormous amount of power with broad discretion and few constraints or guidelines.9 Federal prosecutors have the authority to bring charges, decide what charges to bring, make sentencing recommendations, and control the plea bargaining process. 10 The decision to charge, in particular, puts the

...And if individuals other than the President committed an obstruction offense, they may be prosecuted at this time. Given those considerations, the facts known to us, and the strong public interest in safeguarding the integrity of the criminal justice system, we conducted a thorough factual investigation in order to preserve the evidence when memories were fresh and documentary materials were available.

That is the real power of the Special Prosecutor. The ability to record the events in real time and bring evidence to be preserved. It is an important capacity that should not be tampered with.

I am going to take a break.

"Morning Papers"

The Rooster

"Okeydoke"

"Report On The Investigation In Russian Interference In The 2016 Presidential Election" (click here)

Volume I is quite extensive. It looks rather scandalous actually if it weren't for the assault against the sovereign elections of the United States of America by Russia. Volume II begins on page 200 of the redacted report. That is 208 of the PDF.

The same problem with the header of each page remains the same. This was an interrupted work in progress.

Special Counsel Robert S. Mueller, III

Submitted Pursuant to 28 C.F.R. § 600.B(c) (click here) 

Washington, DC

March 2019

The table of contents of Volume II begins on page 201 and 209 on the PDF. Introduction to this volume is on page 1 and the Executive Summary begins on page 3. Small Roman numerals are at the bottom of the Table of Contents, number 1 through 4.

INTRODUCTION TO VOLUME II

This report is submitted to the Attorney General pursuant to 28 C.F.R. § 600.8(c), which states that, " [a]t the conclusion of the Special Counsel's work, he ... shall provide the Attorney General a confidential report explaining the prosecution or declination decisions [the Special Counsel] reached."

I do not believe this work is complete. 

Beginning in 2017, (after January 20th or perhaps on the presidential term which began at noon of that day) the President of the United States took a variety of actions towards the ongoing FBI investigation into Russia's interference in the 2016 presidential election and related matters that raised questions about whether he had obstructed justice

I find that odd. Nearly the first order of business Trump carried out was to end the Russia investigation. This investigation was started by the Former Director of the FBI, James Comey. I find it more than interesting that the Former Director has been so openly verbal about this occurrence. The investigation was into KNOWN law breaking by Russia. I would not think a newly elected president would have such high priorities to such a matter so much as day to day business and keep briefed on the progress of the investigation.

One of the regular inquires FBI agents make is to be sure the USA is safe from enemies abroad or from within. This was both. The FBI knew there was hacking from outside the borders of the USA and it also learned there were Russian agents actively involved with campaign personnel of the Trump campaign. This is no minor pursuit. There was an abundance of reasons to be concerned and pursue FISA warrants and more. The very presence of Paul Manafort as campaign manager was a huge issue. So much so was the issue of Manafort he had to step aside from being a campaign manager. There is absolutely no doubt the FBI was carrying out it's mission and it was protecting the sovereignty of the USA. NO DOUBT. 

The Order appointing the Special Counsel gave this Office jurisdiction to investigate matters that arose directly from the FBI's Russia investigation, including whether the President had obstructed justice in connection with Russia-related investigations.

President Trump carried out obstruction of justice the very day he fired the Former Director James Comey.

GOT THAT?

This is not a highly specialized decision. It is as plain as the nose on Trump's face. As soon as he demanded loyalty over oath and then ended the good service of the FBI Director there isn't anything else to say. There was no reason to relieve James Comey of his long sought after profession. James Comey was a magnificent Director of the FBI, swore an oath to protect this country and he was discharged because why? Why? Because he didn't swear a second oath to loyalty to Donald J. Trump.

To put frosting on that cake, immediately after the Chicken Trump fired Comey IN A TWEET, he invites Russian leadership into the White House and into the Oval Office. What a grand tour that was.

Now as to the Trumpian "idea" that Comey led the Deep State? What the hell was Russia leading a Boy Scout troop into the Oval Office?

This obstruction of justice that began with Comey's firing, was followed up by handing Russia highly classified information. That is a profound breach of USA sovereignty and then we wonder why these morons are still in the Executive Branch.

Well.

It was because the Republicans in the US Senate and US House had a majority. That's why. Trump wasn't marched out of the Oval Office because the Republicans looked the other way. Pathetic.

The Republicans no more loved their country nor cared about their oath of office, than Trump did. Trump today continues to defy openly the oath he took and laughs at the pathetic Republicans left in the US House and those still holding a majority in the US Senate because he believes they wouldn't be elected without him. YOU HAVE GOT TO BE JOKING! They quake at the idea Trump might disdain them? If he wasn't in office that would not happen! If he were in prison along with Manafort, the image of the Republicans would be exonerated for not signing an oath to Trump. THEY HAVEN'T HAVE THEY? Because they sign stupid oaths all the time for votes.

The Special Counsel's jurisdiction also covered potentially obstructive acts related to the Special Counsel's investigation itself. This Volume of our report summarizes our obstruction-of-justice investigation of the President.

Obstruction of justice is a serious crime. If justice is interrupted, then there is no Rule of Law. The reason the Special Counsel was to investigate obstruction of justice is to ensure the avenues of investigation and evidence were open and the entire truth be known. Just that simple. An investigation doesn't live by "hear-say" alone. Evidence is required and to that end the DOJ still hasn't supplied it to the people that can end this hideous presidency.

18 U.S. Code Chapter 73 - Obstruction of Justice (click here)

We first describe the considerations that guided our obstruction-of-justice investigation, and then provide an overview of this Volume:

First, a traditional prosecution or declination decision entails a binary determination to initiate or decline a prosecution, but we determined not to make a traditional prosecutorial judgment. The Office of Legal Counsel (OLC) (click here)...

Well, how grand is this? The DOJ has it's own definition of the USA Constitution. And for this reason the Special Counsel could not indict Trump for the obvious law breaking he has conducted in full view of the American people? This is ridiculous.

By delegation from the Attorney General, the Assistant Attorney General in charge of the Office of Legal Counsel provides legal advice to the President and all executive branch agencies.  The Office drafts legal opinions of the Attorney General and provides its own written opinions and other advice in response to requests from the Counsel to the President, the various agencies of the Executive Branch, and other components of the Department of Justice.  Such requests typically deal with legal issues of particular complexity and importance or those about which two or more agencies are in disagreement.  The Office is also responsible for reviewing and commenting on the constitutionality of pending legislation.

...has issued an opinion finding that "the indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions"...

I WOULD HOPE SO! I would expect the DOJ to bring prosecution of such a president in the face of OBVIOUS anti-sovereignty actions. GIVE ME A BREAK. Trump fires Comey and in less than 12 hours the Russians. You know the Russians under investigation by Comey for hacking into a political party of the USA. THOSE RUSSIANS. In less than 12 hours the Russians are in the Oval Office yucking it up with Trump and receiving highly classified information. 

I DON'T THINK SO!

This is not a break into the Watergate or semen on a lover's skirt, this is the OPEN DISREGARD OF THE US CONSTITUTION and an open attack on the USA itself. The world of cyber is real and it was assaulted successfully by a foreign power that is a KNOWN enemy of the USA.

This has absolutely NOTHING to do with a Deep State of some covert nature or FBI agents involved in a love affair promising each other a certain political outcome. THIS IS AN OPEN ASSAULT ON THE USA! Peter Strzok had nothing to do with this!

This is a complete breakdown of the sovereign power of the USA and today it shows like a sore thumb.

...in violation of "the constitutional separation of powers."1

1 A Sitting President's Amenability to Indictment and Criminal Prosecution, 24 Op. O.L.C. 222,222, 260 (2000) (OLC Op.). (click here for available PDF)

What the hell are ya talking about? The DOJ is in the same branch of government as the Presidency. I completely reject the idea of this DOJ exoneration of acting to protect the sovereignty of the USA. The Russians played and continue to play the DOJ like a fine fiddle. THIS idea is pure nonsense and weakens the USA constitution.

So, the DOJ then takes a back seat to the Rule of Law and provides an investigation for the US House to play out. This is nonsense. THESE PEOPLE ARE CRIMINALS and have been from the earliest days in office and there is no indictment? That is counter intuitive to any understanding the American people have of their constitution. The people understand Trump is acting against them in his relationship with Russia and Putin. This is a double standard of law and it is ridiculous. 

...Given the role of the Special Counsel as an attorney in the Department of Justice and the framework of the Special Counsel regulations, see 28 U.S.C. § 515;28 C.F.R. § 600.7(a) (click here), this Office accepted OLC's legal conclusion for the purpose of exercising prosecutorial jurisdiction. And apart from OLC's constitutional view, we recognized that a federal criminal accusation against a sitting President would place burdens on the President's capacity to govern and potentially preempt constitutional processes for addressing presidential misconduct.2

The MISCONDUCT, in this case, is not a minor issue, it is an attack on USA sovereignty. The longer the moron in the Oval Office continues to spew hate, isolate Americans from media services to inform the country, plays footsie with Russia and carries out wet dreams about the Middle East the long this country will be broken down in it's understanding of the USA and it's Rule of Law. I have no use for this. The DOJ is wrong and could not be more wrong. The very minute Trump handed Russians classified material the Secret Service should have arrested him and turned over to the USA justice system for trial for treason. Don't tell me this didn't compromise the USA military. 

2 See U.S. CONST. Art. I § 2, cl. 5; § 3, cl. 6; cf OLC Op. at 257-258 (discussing relationship between impeachment and criminal prosecution of a sitting President). (click here)

The DOJ has completely failed this country in an attempt to appear to be above politics.

THE LAW IS THE LAW and this opinion needs to be struck down as a failed policy adverse to the USA Constitution. An arrest of a treasonist would be shown in a court of law.

This only goes to prove it is the legislature that carries the sincerest sovereign authority to write a law of which policies are derived. When an agency of the USA goes out on its own to carry out a policy it completely derails the USA Constitution.

continued in next entry
The detention facilities should have health clinics with properly trained personnel. It would be far better to practice capture and release to end these problems.

I believe this is the first of the child deaths from the Guatemalan refugees that have crossed the southern border of the USA.

Now, there is a teenager. That is different. Teenagers and their health is different than a child, but, teens are minors and considered children by USA law. What concerns me is the teenager is on his way to becoming an adult.


There must be health issues with these people that are not addressed. There are non-profits along the USA border very familiar with those that come here for asylum, they need to be consulted and health clinics set up within the confinement populations.


May 16, 2019

Houston -   A 2½-year-old Guatemalan child (click here) has died after crossing the border, becoming the fourth minor known to have died after being detained by the Border Patrol since December and raising new alarms about the treatment of migrant families seeking asylum in the United States.


The boy died Tuesday after several weeks in the hospital, American and Guatemalan authorities said. Tekandi Paniagua, Guatemala’s consul in Del Rio, Texas, said the boy had a high fever and difficulty breathing, and authorities took him to a children’s hospital where he was diagnosed with pneumonia.


U.S. Customs and Border Protection said the boy’s mother told agents her son was ill on April 6, three days after they were apprehended near an international bridge in El Paso, Texas....


This is encephalitis. (click here) The people accompanying this young man need to be assessed for any possible exposure to the same cause and the people arriving should be vaccinated along with a physical exam before they are detained.

The best way to prevent viral encephalitis is to take precautions to avoid exposure to viruses that can cause the disease. Try to:

Practice good hygiene. Wash hands frequently and thoroughly with soap and water, particularly after using the toilet and before and after meals.

Don't share utensils. Don't share tableware and beverages.

Teach your children good habits. Make sure they practice good hygiene and avoid sharing utensils at home and school.

Get vaccinations. Keep your own and your children's vaccinations current. Before traveling, talk to your doctor about recommended vaccinations for different destinations.

May 1, 2019
By Graham Kates

A 16-year-old boy from Guatemala (click here) died days after being apprehended in the U.S., officials confirmed Wednesday. They said he developed symptoms of an illness the day after he arrived at a shelter in Texas.

According to the Guatemalan Foreign Ministry, the boy died Tuesday of a "severe infection in the frontal lobe" of the brain.

The teen was picked up by border patrol after he crossed into El Paso, Texas on April 19, Guatemalan officials said. On the evening of April 20, he was transferred by U.S. Immigration and Customs Enforcement (ICE) to the Southwest Key Casa Padre shelter in Brownsville, which is run by the Office of Refugee Resettlement (ORR).... 

The Republican response to Rep. Justin Amash is very troubling.

The Republicans are acting like a regime, rather than a party. I am confident with overwhelming evidence of Trump's lawbreaking, there are many Representatives and Senators wondering about their law license as well.

The DNC should reach out to Rep. Justin Amash to ask if there is anything it can do to improve his status after standing up for justice and THE RULE OF LAW.

Bill Barr is no measure to the legal standing of Trump. He is corrupt himself and the 4 page letter is very telling.

Then there is this:

May 20, 2019
By Caitlin Oprysko

President Donald Trump (click here) lashed out at The New York Times on Monday, disputing the paper’s reporting on his relationship with Deutsche Bank and launching into a broader criticism of the news media.

The president appeared to be responding to a Times report that anti-money laundering experts at the German bank noticed suspicious activity in accounts belonging to Trump and his son-in-law, Jared Kushner, in 2016 and 2017. According to the Times, bank executives blocked employees from reporting the suspect transactions to the U.S. Treasury and one former employee says she was fired for raising concerns about the bank’s scrutiny of certain clients....

The Trump regime has to be asking themselves when does all this lawlessness end? 

This isn't speculation from Deutsche Bank. These are facts. I suppose this is the Deep State working at Deutsche Bank, too.

The deception that is Trump is fraying and it is time to realize the president is no longer a person that can be respected. His defense among "the people" is that he is reaching out to the disenfranchised and succeeding. That is not a reason for lawlessness and if the Republican base is disenfranchised, why?

The Red States have some of the worst quality of life statistics in the country. Disenfranchised? You betcha. Where does the working poor even have time in their day to take an interest in their future? Their votes, as demonstrated by the highly anti-medicine abortion law, are based strongly in religious faith. That is an easy one. Even the working poor worries about their soul. But, to turn concern for a soul into a political regime that regularly costs the working poor their very paychecks is a fools' errand. No Democratic candidate asks anyone to violate their faith or give it up. The prolonged BELIEF that the Republicans are where the faithful are safe is as much a deception as their economic policies that benefit the wealthy.

Michigan should be proud of Congressman Justin Amash. He is not a cutout Republican, he thinks and respects the Rule of Law.

May 20, 2019

Rep. Justin Amash of Michigan, (click here) the first Republican in Congress to accuse President Trump of impeachable conduct, is facing a primary challenge.

State Rep. Jim Lower announced Monday he's running for the western Michigan seat. The announcement came two days after Amash sent a series of tweets , concluding that special counsel Robert Mueller's investigation into Russian meddling in the 2016 election reveals Trump "engaged in specific actions and a pattern of behavior that meet the threshold for impeachment."

The 30-year-old Lower, of Greenville, says he made the announcement earlier than planned after Amash attacked Trump....

More international failures by Russia leading to unnecessary deaths.

May 19, 2019 

Syrian rebels (click here) held onto a commanding position in a mountain range in the coastal province of Latakia, the ancestral home of Syrian President Bashar Assad, after government forces were forced to withdraw.

They said the army's attempt was the latest of several costly campaigns to seize Kubayna, after it mounted an offensive last month with Russian air power to retake main highways and trade arteries around Idlib and northern Hama now in rebel hands, that have fragmented the country's war-torn economy.

The northwest represents the last big piece of territory held by rebels opposed to Assad. The coastal province of Latakia is home to the Assad family's Alawite minority.

"Whoever controls Kubayna ensures a large stretch of territory is effectively under their firing range. The regime wants it to protect its coastal villages from rebel fire," said Major Youssef Hamoud, spokesman for the Turkey-backed group of mainstream rebels called the National Army.

An official from Tahrir Al Sham, the latest incarnation of the former Al Nusra Front which was part of Al Qaeda, said poison gas was used in the army's attack on their position on the mountain slopes in an attempt to regain control.

Abu Baraa Al Shami, a fighter based there, told Reuters that several fighters suffered choking symptoms.

The army denied the claim and said it was continuing to fight terrorism, with state media earlier saying the military had struck at Al Qaeda terrorists in the last foothold in Latakia province that has long been a launching pad for drone attacks on the main Russian base of Hmeimim nearby....

How noble, Assad is still fighting terrorists rather than being one.

Since when does the USA military back the priorities of Saudi Arabia?

Saudi Arabia is making a very big mistake in providing ultimatums to Iran based on the idea the USA military is at it's disposal. If Saudi Arabia needed USA military assistance, that should have occurred when the confrontation first broke out with Yemen, not now when Saudi Arabia has a grand vision of eliminating Iran.

The USA can assist Saudi Arabia, as it has in the past, by interrupting armaments into the region by boarding ships carrying illegal shipments. It can provide military advisors to improve the performance of the Saudi military, but, enter into a regional war that will be the end of peace in the Middle East forever, is out of the question.

May 20, 2019

In this handout photo provided by the US Marine Corps, US Marine Corps Gunnery Sgt. David Arendt carries his gear across the flight deck of the USS Lewis B. Puller upon embarkation in the Arabian Gulf, on May 11

Riyahd - Saudi Arabia said (click here) on Sunday it wanted to avert war in the region but stood ready to respond with “all strength” following last week’s attacks on Saudi oil assets, telling Iran that the ball was now in its court.
Riyadh has accused Tehran of ordering Tuesday’s drone strikes on two oil pumping stations in the kingdom, claimed by Yemen’s Iran-aligned Houthi group. Two days earlier, four vessels, including two Saudi oil tankers, were sabotaged off the coast of the United Arab Emirates. In response, countries of the Gulf Cooperation Council (GCC) began “enhanced security patrols” in the international waters of the Arabian Gulf area on Saturday, the US Navy’s Bahrain-based Fifth Fleet said on Sunday. 
Iran has denied involvement in either operation, which come as Washington and the Islamic republic spar over sanctions and the US military presence in the region, raising concerns about a potential US-Iran conflict.
“The kingdom of Saudi Arabia does not want a war in the region nor does it seek that,” Minister of State for Foreign Affairs Adel Al Jubeir told a news conference.
“It will do what it can to prevent this war and at the same time it reaffirms that in the event the other side chooses war, the kingdom will respond with all force and determination, and it will defend itself and its interests.”
Saudi Arabia’s King Salman on Sunday invited Gulf and Arab leaders to convene emergency summits in Mecca on May 30 to discuss implications of the attacks....

Don't make the same mistake with Iran as existed with Iraq.

President Rohani needs to address the general assembly of the United Nations. If the Supreme Leader wants to speak, he should as well.

The USA Congress cannot and should not accept the Trump Administration's assessment of the country of Iran as if it is the final word in understanding the dynamics at work in the Middle East.

To begin, there are the American people being told AGAIN there is a war to fight. 

Then there are our allies. They are already stating there are differences in their assessment and that of Trump. The US Congress MUST accept the assessment of allies.

The last time a Republican Neocon was in the White House it was a complete disaster. The USA must not enter into another disastrous war. When confronting Iran, the USA is also confronting Russia.

I find it more than interesting there is absolutely no mention of the long awaited Trump/Kushner peace plan. This war IS THE TRUMP MIDDLE EAST PEACE PLAN.

March 29, 2019
By Anna Ahronheim and Khaled Abu Toameh

Egyptian intelligence officials (click here) arrived in the Gaza Strip on Wednesday evening for talks with leaders of Hamas and other Palestinian groups about reaching truce understandings with Israel.

The Egyptian officials entered the Gaza Strip through the Erez border crossing and were scheduled to stay in the Hamas-ruled coastal enclave at least until Thursday....


Egypt has been carrying out a peace process and all that is to be abandoned because of a damn, stupid priority of a USA president with a son-in-law with a vision? Last time it was because Saddam threatened the life of Bush's father.

There will be no invasion into Iran. There will be no proxy war with Russia. Trump will submit to the Egyptian peace process while beginning to understand Iran, its diaspora which includes the Shia Crescent, and the continued right of Iran to EXIST.

This president knows nothing about foreign policy and it is all too easy to realize allies have been estranged from the USA by Trump and his perverted ideas of priorities.

The full

16.0 days old

98.2 percent lit

May 16, 2019
By Gordon Johnston 

The next full Moon (click here) will be on Saturday afternoon, May 18, 2019, appearing opposite the Sun (in Earth-based longitude) at 5:11 PM EDT. The Moon will appear full for about three days around this time, from Friday evening through Monday morning, making this a full Moon weekend.

As the third full Moon in a season that has four full Moons, this will be a Blue Moon by the older definition. The Moon will not actually appear blue in color. The first recorded use of the term in English dates from 1528. Speculations on the origin of the term include an old English phrase that means "betrayer Moon" or a reference to rare events, such as when dust in the atmosphere makes the Moon actually appear blue. Since the 1940's the term "Blue Moon" has also been used for the second full Moon in a month that has two full Moons....