There’s a vacancy on the Supreme Court to be filled and the Michael Flynn dismissal motion is due for a hearing on the 29th before Judge Emmet Sullivan. In the first instance, I think the Democrats’ disgusting performance in the Brett Kavanaugh confirmation and the restrictions on the conduct of the hearing due to COVID-19 precautions will hamper their usual soap-opera theatrics. Of course, by now, too, more people surely have wised up to the game. In the second, Judge Sullivan opened up the door, and Attorney General William Barr and Flynn’s lawyer Sydney Powell burst into the courtroom with blazing guns.
The Supreme Court Vacancy
In a tell that they will lose this fight, the Democrats are throwing silly proposals up in the air -- everything from court packing to setting limits on the terms of justices to the Court to demanding any nominee recuse herself from any cases involving this election -- in advance of the hearings. The hearings will be held online with no spectators and the gals in handmaiden outfits that lined the Capitol halls during the Kavanaugh hearing will have to do so without an audience. Perhaps Dianne Feinstein, who played such a low-handed role last time, has no longer the stomach for a repeat as members of her party are whispering to reporters that she’s not up to the job this time, something I read as a concession that she cannot be relied upon to further besmirch her once more attractive, more sober image.
(Actually, they have so many wonderful posts about the filling the vacancy, it’s very hard to pick just one. Check them out.)
As expected, the President named as his nominee U.S. Court of Appeals for the 7th Circuit Judge Amy Coney Barrett. This well-researched article by Deion Kathawa is a useful primer on the charges likely to be made against her candidacy and a defense of them. It’s my experience that, too often -- actually, almost always -- reports in the press about judicial actions are written to support or attack a decision without a thorough understanding of the way in which the cases reached the court involved and under what restrictions the judges were operating. Here’s one example from the article
In the 2019 case, Kanter v. Barr, the 7th Circuit upheld the mail-fraud conviction of the owner of an orthopedic footwear company and as a result, his right to keep and bear arms was abrogated. He contended that laws prohibiting people convicted of felonies from having guns violate a person’s Second Amendment right to bear arms. The majority rejected that argument, explaining that the government had shown that such laws are related to the government’s important goal of keeping guns away from people convicted of serious crimes.
Judge Barrett dissented (start at p. 27), arguing that at the Founding, legislatures took away the gun rights of people who were believed to be dangerous, not of just anyone who had committed any felony. So, for Barrett, the laws at the heart of Kanter are too broad because they ban nonviolent persons from possessing a firearm without any evidence that they pose a risk. Barrett stressed that the Second Amendment “confers an individual right, intimately connected with the natural right of self-defense and not limited to civic participation.”
It would be incredible to watch Democrats try to paint Judge Barrett as an extremist on guns given the way they -- for the past three months -- have excused, downplayed, ignored, and even tacitly encouraged violent mobs’ looting businesses, destroying property, and even murdering supporters of the president -- all with revolting impunity.
The Flynn Case Dismissal Motions
With the D.C. Court of Appeals having denied mandamus and sent the joint defense-DoJ Motions to Dismiss the case back to the District Court, the matter is once again before Judge Sullivan, who has scheduled a hearing for this coming Tuesday.
As the case is still pending and the obligation of the DoJ to produce newly found evidence continues, Attorney General Barr this week released what Mollie Hemingway characterized accurately as “some of the most explosive documents about the special counsel probe yet.” Barr promises more will be forthcoming soon. The short summary of this material by Ari Fleischer is letter perfect:
Former FBI agent Mark Wauck offers up a lengthy discussion of the damaging revelations from the standpoint of someone well informed on FBI investigative and bureaucratic regularities. From his analysis we can see the trajectory of U.S. Attorney Jeff Jensen’s investigation into the work of the FBI and Special Counsel on “Russian collusion.” Reviewing Barnett’s recorded interview, he notes the following:
1. The Russian Collusion and Crossfire Hurricane investigations were operated by a small cadre of people in the FBI headquarters -- run from “the top down.”
2. No real investigation of Flynn ever took place -- it was a matter left open “just in case,” a practice out of line as it lacked predication and actual investigative activity.
The focus, then seems to be on Strzok “and possibly others above Strzok”
The focus of Jensen on the Special Counsel’s office seems to be twofold as well, per Wauck. He sees -- and the interview transcript provides substantial basis of his view:
The aim of the Flynn prosecution and the Special Counsel investigation was the same: hogtie Trump.
Mueller team’s attack dog, Andrew Weissmann, has admitted as much in his book, an excerpt of which Politico carried: "Barr’s letter (March 24, 2019) was a shot across the bow, signaling that the checking function Mueller provided on the actions of the president had come to an abrupt end."
“Checking" the president was not their portfolio and never could be in a lawful government. Their job was to see if Donald J. Trump had colluded with Russia to get elected. Despite spending years and millions of dollars at this task, they could find none.
But the FBI 7th-floor biggies and the Special Counsel team were not alone in this seditious endeavor. We learned this week, that intelligence analysts believed -- not at all unreasonably -- that Russia favored Hillary in 2016, but that the CIA’s head John Brennan overruled them and forwarded his own fact-free cockamamie theory that it was Trump they were helping.
Informed citizens are growing weary of these revelations in the absence of actions taken against the wrongdoers. Let’s hope the recently discovered information will move this along to a meaningful end. Soon.
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