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Tuesday, November 30, 2021

Garland - Trump’s Whippin’ Post

Wow, I was just driving by 950 Pennsylvania Avenue and blurring from behind closed doors “Sometimes I feel, sometimes I feel, like I've been tied to the whippin' post, tied to the whippin' post, tied to the whippin' post.” And it was a holiday! Maybe the cleaning staff, no rest for the wicked. OK, that is the headquarters for the U.S. Department of Justice not to be mistaken for Sarah Palin’s imaginary White House, that is at the 1400 address that today looks like a camp for the homeless? Hey there’s John Boehner and Paul Ryan, begging for food? But that crying out loud voice in pain seemed to be that of the Chief Attorney, as it appears that Merrick Garland’s Department of Justice is merely acting as a “Whippin’ Post” for Donald John Trump, so may as well think of it as the Department of Injustice - for the time being. Hey, all good things come to that end, just ask John and Paul!

With the DOJ, it boils down to this. When a “Contempt of Congress Citation” was signed, sealed and delivered by House Squeaker Nanny LousyLollaPelosi to Garland’s DOJ, that which found Steve Bannon in contempt of a “Congressional Subpoena” issued by the “Committee” investigating the January 6th Insuregnecy”R”Us, it gave Trump a “pillow guy cushion” of legal relief. When that “citation” arrived, Garland should have dismissed it immediately, as the DOJ was not in the position to “trump” the U.S. Supreme Court in precedence-set case law and thus remanded that desire to indict Steve Bannon backwards wherein it came from - the House of Congress. Now of course the legal team for Trump and Bannon as well as with the rest of the “thugs-in-tights”, any 1st semester student of law could have easily motioned for a “quash” any DOJ involvement, based on the fact that the U.S. Supreme Court has already generously ruled on how Congress should react if a subpoena for documents and/or witness testimony goes ignored, but none did. Because the advantage with the DOJ interference was now in favor “for” Trump, not against him and his cohorts in crime, with Garland accepting this “citation”. See, had the DOJ performed its duty with due diligence, that remand to deny any DOJ involvement would have cited McGrain v. Daugherty. As a valid excuse to recuse the DOJ from getting involved in this battle going on, with Trump’s minions ignoring a “Congressional Subpoena”. The roadmap exists, so the DOJ had no other legal option then to refuse this “citation” to indict Steve Bannon, but Garland balked. Just wait, as in a matter of time the matter of Doe Trump v. Doe Pelosi, in time with all the court motions and plaintiff commotions this mess will make its way to the Supreme Court, which will no doubt refuse to issue an opinion based on the fact the “High Court” is already of record in support of McGrain v. Daugherty. And just today, with Trump trying to argue his discretion of “executive privilege”, his legal team asked the D.C. Court of Appeals for a stay in that matter anticipating a visit to the “High Court”. But with Trump’s case in combat with LousyLollaPelosi’s “Select Committee”, the reason the DOJ should but for “but out” is the fact that the cases are identical, with the only difference any contention in similarities finds that in that 1927 landmark decision, it was the Senate involved in a dispute over investigative subpoenas and not the House. But that decision by the “Four Horsemen”, staunch Republicans that ruled the “High Court” in the late 1920s, it acknowledged that it did not matter, as both the Senate and the House could act independently with investigations of national interest wherein “subpoena power” was essential. And the “High Court” insisted that Congress could “attach” - aka “House Arrest” - an individual that ignored a “Congressional Subpoena”. With confidence set with precedence set, that law of the land still finds an automatic “indictment” upon any individual that ignores a valid “Congressional Subpoena”, no judge no court no nothing just a Braveheart Congress that is not afraid to tell the Sergeant-at-Arms to arrest the ignorant un-patriotic Bannon bastards. Now all those 2nd year law students of Lawrence Tribe will now argue that the “Congress” cannot “prosecute”, so what’s my point? That there exists no provisions in the U.S. Constitution that would allow either the Senate or House to act as a “prosecutor”. True, but there is no need for a prosecutor in this case as there is no sense of a crime committed bearing a demand for punishment prescribed by the courts in an arraignment, it is merely the fact that “Congress” has the power of “attachment” without a fair trial, without a challenge of a “habeas corpus” violation, as this “attachment” has limits. As what is all so interesting with this decision from the U.S. Supreme Court, it allows the “Congress” to keep those “attached” behind bars until such time those still under a “subpoena” start to cooperate and answer any and all investigative questions to the satisfaction of the “Committee”. On this stage, the High Court ruled that “habeas corpus” is over-ruled, until such time the imprisoned individual is willing to talk or provide the required documents requested through the “subpoena”. And while under this “behind bars” punishment for ignoring a “subpoena” to provide testimony, there is no such thing as “Executive Privilege” being exercised, no interference by such a ludicrous undertaking like how this notion in locomotion has found its way into the merits of justice with Trump’s gang, that it exists for an ousted president and merely an obstacle designed at stalling the worthiness of jurisprudence. What it means in exercise the McGrain verdict, either answer the questions or stay behind bars. Give in and go free, thus limits established for this kind of incarceration without “prosecution”. Now one in the “hot seat” can request any answer to survive “confidentiality” treatment, but still must answer and then the “Committee” can weigh the advantage or disadvantage to granting that “confidentiality”. In a nutshell, if an answer helps the merits of what the “Committee” is searching for, there is no “confidentiality” case closed. So if Mark Meadows was under “House Arrest” as he well should be by this time, a question like “Did Donald John Trump direct you to plan and activate this January 6th attack on the U.S. Capitol”? Well Meadows would have to answer, and if Meadows acknowledged that it was Trump’s intent, to plan this attack but in answer Meadows asked for “confidentiality”, there would be no such protection as this answer would be enough to charge Donald John Trump with “Treason”. The weighing factor would be in favor of “no confidentiality” thank you Mr. Meadows you are free to go home time for the Sergeant-at-Arms to “House Arrest” Donald Trump - it’s about time!

So what does it all mean, with all of the legal experience in the “Select Committee” that promulgated this use of the DOJ instead of relying on the established McGrain verdict, that which is supported by the U.S. Supreme Court? Well it appears just a bunch of free-loaders that somehow made it though law school and walked away with that degree, but left all common sense at the graduation wishing well, same with Merrick Garland for thinking he was a Supreme Court Justice and revisiting the McGrain outcome.

In the meantime, Trump’s legal team is buying time on the U.S. Taxpayers’ dime. And when finally the Supreme Court gets to take up any requests that have anything to do with the LousyLollaPelosi “Select Committee” in investigations with subpoenas and thus refuses any involvement due McGrain, that Congress took a detour so must face the consequences and those “subpoenas” are worthless, well by that time it will be too damn late in the 117th 2nd session to start all over again. What also matters, in McGrain in “opine” by Associate Justice Willis Van Devanter, the issue of timeliness is respected. Wherein the High Court discourages the normal legal channels for holding an individual accountable for ignoring a “Congressional Subpoena”, through the “Courts” due the time constraints associated with “delays” and instead found that the “attachment” better suits the needs of Congress; “To await the slow process of indictment and prosecution for a misdemeanor, might prove quite ineffectual, and necessary legislation might be obstructed, and perhaps defeated, if the legislative body had no other and more summary means of enforcing its right to obtain the required information.

So just another reason that Garland should have taken the side of this decision by the Supreme Court, and sent the LousyLollaPelosi Adam Schiff-for-brains tantrum back to the “Select Committee”. As now Trump has time on his side, the “Select Committee” has sabotaged any relief by involving the DOJ and when the 118th comes to life some 2-years after that Insurgency”R”Us attack, there will be no interest to reconvene a “Select Committee” that was in reality just a “Reject Committee”. And this is how the 117th Congress under LousyLollaPelosi and Schmoozer Schumer, with the Democrats in the “majority” both chambers, how they themselves destroy the Founding Fathers’ DEMOCRACY. History in the making!


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