Sunday, February 27, 2022
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DCSB Speaks Out
Duel Citizenship Slovenian Botch-itch finally speaks out about Putin's invasion of Ukraine...then back to tennis and tweets to Russia with Love!
Friday, February 25, 2022
Wednesday, February 23, 2022
Tuesday, February 22, 2022
Monday, February 21, 2022
George Orwell’s 1986
Case 1:21-cv-00586-APM
Document 56 Filed 02/18/22 Page 40 of 112:
Hear Ye, Hear Ye comes know
the United States Dystopian Court in the matter of Donald John Trump, a “Grant
of Immunity” for involvement in the January 6th “Domestic Terrorist Attack”
on the U.S. Capitol.
42 U.S.C. Section §1986 Claim - The
foregoing comes with one important caveat: President Trump is
immune as to Swalwell’s failure-to-act claim under §1986. That provision
states: “Every person who, having knowledge that any of the wrongs
conspired to be done, and mentioned [in section 1985 of this title], are about
to be committed, and having power to prevent or aid in preventing the
commission of the same, neglects or refuses so to do, if such wrongful act be
committed, shall be liable to the party injured, or his legal representatives,
for all damages caused by such wrongful act, which such person by reasonable
diligence could have prevented.” - 42 U.S.C. §1986. The statutory
provision is unique. It requires persons with knowledge of a conspiracy
proscribed in §1985 and with the means to prevent the conspiracy to take
affirmative actions to do so. A person who refuses or neglects to exercise such
power is liable for damages to those persons whose injuries could have been
prevented. Swalwell alone asserts a claim under §1986 against President Trump.
He alleges that President Trump knew about the alleged §1985 conspiracy, had
the power to prevent it, and failed to exercise “reasonable diligence” to avoid
harm. Specifically, he asserts that “when it was clear that rioters had stormed
the Capitol, and Congress was unable to certify the results of the Electoral
College vote, [President Trump] had the power to stop the rioters but refused
and, instead, encouraged them.” That allegation, it would seem, makes out a §1986
claim against the President. But the President cannot be held liable for his
failure to exercise his presidential powers, at least under §1986. Just as
he is immune for acts that fall within the outer perimeter of his official
responsibilities, so too must he be immune for alleged failures to exercise
that official responsibility. Were it otherwise, Presidents routinely would be
subject to suit for not doing more or for not acting at all. Absolute immunity
would be gutted if a plaintiff could avoid it simply by alleging a failure to
exercise presidential power. The court therefore dismisses Swalwell’s §1986
claim.
Judge Mehta Style Conjecture
Homegrown PATRIOTISM MIA
Amit the Judge or Emmitt the
Clown…OK jester sounds appropriate. Look, I am a True-Blue True-Blood New England
Patriot, born in America the son of a proud Irish American hard-working
proletariat, my “Founding Father” who followed in his father’s footsteps. But
maybe when “My Country Tis of Thee” begs for neweigners to “come on over” and
thus embrace the America way of life, well we find a different kind of
Patriotism. Don’t get me wrong, I embrace this sea to shining sea revival in cultures
different and welcome my brothers and sisters from abroad with open arms. Come
here, work hard, stay for the duration. What I am saying, the age old saying it
goes with the territory and maybe lingering resistance from the other
territory. Take Ted Cruz for instance, his tirades against Miss Liberty can
only rest its case the fact he was born in Canada, so instead of hearing “I
pledge allegiance to the flag…” the latter Red, White & Blue symbol
tattered was instead a crown as in Her Majesty at first light of dawn, and that
can cause “Crazy Psycho Shit” fantasies. That is how Representative Cecilline
calls it out, he is also a Patriot from my home-town. And at the same time,
this kind of Cruz crud missile, it is what the GOP calls “Legitimate Political
Discourse”. Did I hear someone yell “bipartisan” like “Fire” in a crowded
theater! Back to my bone spur of contention. Now I have worked alongside many
excellent “outsiders” that have come here to embrace our way of life now as
honorable law abiding “insiders”. Go ahead, criticize my choice of words and I
will apologize with a Melvin “you can just shampoo my crotch”! And to
emphasize, these neweigners are well deserving of that challenge and its
rewards in “citizenship”. Especially many close friendships I have made along
the way with individuals from India, engineers that hate the cold and love
sloppy Joes! But over time when confidence allowed, many have asked me “what
this Patriotism” thing is all about. And I have heard more then enough
criticism, from those same well-meaning individuals that don’t understand this
“Patriotism”, in belief it boils over the pot how “We the People” behave - like
on the 4th of July. Look,
like I said I learned about “Patriotism” and honor to Country before I soiled
my first diaper, so it sinks in early on - but it is somewhat hard to explain,
to those individuals that did not have that movement. We learned it all in
kindergarten, most things, but what came first the chicken or the egg?
Patriotism reigns.
So I am a little
disheartened that Judge Amit Mehta has just chastised Miss Liberty, as it
appears he has no idea what this “Patriotism” is all about, especially when
this nation is in the grieving still process in procession through its deepest
and steepest awakening, that Democracy fumbled on the 1-yard line! Just the
other day in a long-awaited nightmare playing out, Judge Amit caved into
individuals that have been caught red-handed aiding and abetting the “Enemy of
the People”. Look, one cannot learn about this “Patriotism” from a law book! So
be it in his “dismal swamp” dismissal of “Turncoats” in decision, the gavel was
heard loud and clear. Patriotism has been wounded some more! Amounting to castration
away forever at least “half” of Donald John Trump’s “Treason” affair and at the
same time giving amnesty to Rudy Giuliani and cloak and dagger US some more,
letting Donald Jr. off the hook also. And wait there’s more, a bribe for Mo
Brooks?
Now since when is the
“Court” allowed to bribe someone! For real, even though the news pundits are
breaking open the champagne this “decision” by Judge Mehta, that the lawsuits
by members of Congress against “individual Number 1” can proceed mind you with
caution, as it is celebratory champagne that comes from the estate of Donald
Trump - so is cesspool like cheers. Probably came from the Oval Office whiz
SCIF urinal! See, for the time-being the United States District Court has now denied
in part the total destruction in claims through “part and parcel guilty” dismissal
of 3-pending “personal” lawsuits entered by 11-members of Congress and the
Capitol police. Yes “civil” litigation which means asking a jury for beaucoup $punitive$
and additional $compensatory$ damage awards based on the “Emotional Distress”
compass. Donald John Trump, Donald Jr., Ruby Giuliani, Mo Brooks and the Pound
Foolish Boys are named as the defendants, in action commensurate with the before
and after affects in affiliation the January 6th “Domestic Terrorist
Attack” on the U.S. Capitol. Wherein the plaintiffs claim suffrage from that “emotional
mental distress” - yet those members of Congress that have joined this
litigation are still able to attend to their jobs and collect $174000 bucks -
so a lawsuit for a few extra million on the sidelines makes sense, as they
chose to instead find a career that is not at all about the “Honey” $Money$, it
is about…the jury is still out, patience please!
Now the original signatory
of one of the lawsuits timely filed against Trump and his pigeon-toed goons
only 41 days and 41 nights after said “Insurrection”, Representative Bennie
Thompson - who is also of record suffering from that “Crazy Psycho Shit Emotional
Distress” - he bailed out and is now the Chairman of the Nancy Pelosi “Select
Committee” investigating the Trump “Insurrection”. I mean with the evidence
that this “Committee” is receiving, it may be doing the leg work for these civil
lawsuits! Your Tax Dollars at work? So I wonder, did Bennie leave that
“emotional distress” behind when Pelosi ordered him to…forget it. Back to Judge
Amit Mehta.
Now in the motion filed by
the Trump “Conspiracy” perpetrators to dismiss the “civil by jury” lawsuit,
well the Judge broke the damn case in half, basically it was a half-baked win
for Donald Trump, a full victory for Jr. and Giuliani and if Mo Brooks takes
the bait in “bribe”, he will also be off the hook. The lawsuits live on, yet
watered down to - it’s a pathetic legal decision as it is like 112-pages of
“conjecture”. I guess the judge has nothing better to do with his time, pencil
whipping…look more then ever today the courts should be on alert that it is all
about how we define “Patriotism” and herein it is not the time to think one
knows what that means for saving grace saving Democracy. This sanitized
“opinion” that sounds like it came from a 1st year law student every
“i” dotted and every “t” crossed, well la dee frickin’ da the court can do
better then this to support “My Country ‘Tis of Thee” in once a vibrant Democracy.
Wherein “citizens” stood strong for “Patriotism”! Look, it would have been a
greater victory in Democracy had Judge Mehta “dismissed” the claims altogether
then to render this pitiful decision - in favor of Patriotism in efforts to
advance a souring Democracy. As what is now of record “can and will be used
against you in a court of law”, that being now that Donald Trump is infallible due
“Presidential Immunity” and Rudy’s gang can get away with hijacking the free
speech and debate clause. It appears “Terrorist” bent on “Treason” now have a
stake in the 1st Amendment Right. And that is what I am getting at, forgive them
for they know not what this Patriotism is all about when Democracy is under
attack!
Giuliani and Donald Jr. and
most likely Mo Brooks, they get to run away laughing because Judge Mehta said
that even though Giuliani said things like “Trial by Combat“, that Rudy
was only kidding? That he didn’t really mean it even though that is exactly what
transpired? I guess Mehta is also a mind-reader in this no-kidding aspect! As
even speculation would not render this spectacle as fathomable. Like the title of my “Opinion” this Amit Mehta
“opinion” reeks with “conjecture” and something you would not expect out of a
seasoned bench warmer - as Mehta is not seasoned when it comes to Patriotism -
not his fault, it is what it is welcome to America!
Accordingly, Mehta’s
decision in dismissing Giuliani and Donald Jr. away from the “civil” litigation
is based on the Falloppio approach , the condom protection effect - that we
know there was sex but protected; “None of their words, explicitly or
implicitly, rose to the level of a call for imminent use of violence or lawless
action.” Then just what the fuck was it? If Giuliani telling a
maddening crowd in “Let’s have trial by combat.” is now
acceptable…it was a precipice an element in “Treason” that is the reason the
“Courts” may not be the best venue to arrest this “directing and aiding and
abetting ASSAULT”. Yet even though Mehta lets Rudy and Jr. off the hook, he
claims they were accomplices in the “Conspiracy” in fact that “directing and
aiding and abetting ASSAULT”; “Giuliani and Trump Jr. aided the President
in the foregoing efforts. They coordinated with him, spread similar
disinformation, contacted state and local election officials, and agreed to
speak at the January 6 Rally.” Like I am trying to get the point
across, this is indeed a Mobius Strip “opinion”! Guilty maybe, NOT guilty
maybe!
And in the final inning of
Mehta’s very own insurrection on Democracy’s inevitable jurisprudence, the fact
that even though there was established in fact a “conspiracy”, that Donald John
Trump is free and clear. He cannot be held accountable for defecting,
defecating, dereliction in conviction of duty in “failure-to-act” whatever in
doing nothing to prevent it from ever happening in the first place or while it
was in progress, even though he planned it, using Rudy and others as
accomplices.
President
Trump is immune as to Swalwell’s failure-to-act claim under § 1986. But the President cannot be
held liable for his failure to exercise his presidential powers, at least under
§ 1986. Just as he is immune for acts that fall within the outer perimeter of
his official responsibilities, so too must he be immune for alleged failures to
exercise that official responsibility. Were it otherwise, Presidents routinely
would be subject to suit for not doing more or for not acting at all. Absolute
immunity would be gutted if a plaintiff could avoid it simply by alleging a
failure to exercise presidential power. The court therefore dismisses
Swalwell’s § 1986 claim.
If Swalwell contends that
President Trump is liable under § 1986 because he himself is an alleged
coconspirator and had the power to stop the conspiracy, the court is dubious
that § 1986 can sustain such a construction. If accepted, it would mean that
any coconspirator of a § 1985 conspiracy with some degree of authority is
likewise liable under § 1986. The court is skeptical that Congress
intended such an interpretation. In any event, Swalwell does not
specifically articulate a reading of § 1986 that would rest on the President’s
failure to act before the rally-goers stormed the Capitol.
Dubious my Patriotic ass.
And this BS that the court is skeptical over what Congress intended, look does
not Congress make the laws not the “conjecture jesters”? This is blasphemy upon
jurisprudence.
And that is wherein the U.S.
Congress is blowing it with this January 6th ordeal and we know one
thing for sure, lawyers are cashing in, as there are too damn many lawsuits along
with too damn many Judges too damn many lawyers involved, and that amounts to
chaos in the “Crazy Psycho Shit” legal debates. And for real, how can a sitting
U.S. District Judge offer up a “bribe”? See, Mo Brooks was the only defendant
that did not file any motions to dismiss his defendant status upon the Eric
Swalwell case. As Brooks is a sitting member of Congress and tested the waters
that his status allowed for a certification under the Westfall Act, that when
he incited a riot he was acting within the scope and merits of his obligation
as a member of Congress - that what he accomplished was within the framework of
his duties as is found in the GOP House Rules under “Legitimate Political
Discourse”. And instead of trying to bail out, the Westfall Act allows Uncle
Sam to come to the aid and rescue of government officials, wherein in the
Swalwell lawsuit Mo Brooks’ name would be replaced by “United States” and then
Uncle Sam would have to - yes it would mean the Merrick Garland DOJ would be
litigating against a member of Congress, that was trying to sue Donald Trump
and Giuliani and Donald Jr. and Mo Brooks for “Treason”. It is getting ugly, as
Judge Mehta has asked Mo Brooks to now file a motion for dismissal, as Mehta
does not want to entertain the merits of Mo Brook’s Westfall Act assertion. So
it remains to be seen what Kevin McCarthy does with this golden opportunity. I
mean a bribe can get the judge tossed and get the entirety of the lawsuits
dismissed, just what Donald Trump would love to see than file a motion for “Attorney
Fees” inflated by the Trump Tower highway robbery going rate.
And even if the 3-lawsuits
continue on without Rudy without Donald Jr. and maybe soon without Brooks, Mehta’s
decision stole the thunder and gave a gift of gag to the remaining defendant,
namely Donald John Trump. In his opinion, that the plaintiffs had reached too
far to hold Trump accountable in the fact it was a conspiracy, never was the
latter ever denied by the Court, that fact was confirmed by Judge Mehta, but
Donald Trump was not derelict to not try and STOP it! And wait there’s more.
Mr. Trump is the remaining litigant besides the Pound Foolish Boys, who are
still somewhere on the roster. And this ruling, that Trump excited a
“conspiracy” that excited a riot but is immune from being held accountable, he
now has the luxury of asking for protection under that “Westfall Act” and it appears
that the Judge Mehta has paved the way for that request to succeed in the
future. Trump has not yet asked the DOJ to certify his actions under the Westfall
Act for a reason, the one Judge Mehta seems afraid of, as time is on the
Donald’s side. Trump has until the day before the trial begins to exercise that
option and we know wherein the DOJ stands with that “Act”, it will not allow
any standing to violate the protection that “Act” allows even for a former President,
including Donald John Trump.
So this lawsuit may be a big
nothingburger and will indeed harm the attempt to hold Donald John Trump
responsible for that “Domestic Terrorist Attack”. And then we ask ourselves, of
course Giuliani and Donald. Jr. and Mo Brooks a maybe, they can file a motion
for legal fees now that Judge Mehta as dismissed their action as accomplices in
the most frightening day ever targeting the decency of Democracy…those that
have been provided 1st Amendment Right protection for “Treason”.
But who to blame the fact we
cannot shoot straight any longer? Simple Simon answer as we have a Coward and
disgraceful Congress. And to add insult to injury, when of course we get this
fabricated bull-shit from a sitting law abiding judge that bases all opines on
precedence set - but we never had an “Insurrection” like what occurred on January
6th. Dear Amit, THERE IS NO PRESEDENCE! Please STOP making all this
electric kool-aid acrid crap up!
This is not “regular
business” my friends! So the Court should disrobe, for anything that smells of
an “Insurrection”. The only Court, the only bench that should be addressing the
January 6th “DOMESTIC TERRORIST ATTACK” in its entirety civil to
criminal is that of Congress. Yes, Congress has the divided power - either onto
the House or Senate - to hold trial under “Congressional Inherent Contempt”
legislation, which allows for bench warrants and arrests warrants to be issued
and then the Sergeant-at-Arms can “Attach” individuals that defy the wishes of
Congress. It would at least get the Truth out of the Morons. Speak up in
honesty or forever hold your peace behind bars. Why is it so hard to see what
is going on all around US?
In another episode, that
which may have been instrumental in tainting the Mehta bench, because this Amit
Mehta “Opinion” is disgraceful any semblance of Patriotism for “We the People”,
well just recently the Supreme Court ruled against Donald Trump in a
short-lived victory for Democracy - as it was but for only the time being a “win”.
The Supremes, under the Falloppio condom of Baby Brett Kavanaugh, it ruled that
Trump could not claim “Executive Privilege” just now, as in its “Opine” in an
9-1 decision, it also ventured where no lawman had ventured before - which is a
Gran Tarantula win for Trump. And maybe we are starting to see the side effects
of that High Court’s jurisdiction already with the Mehta verdict that allowed
individuals that planned a “Terrorist’s Attack” off the hook and recommending
that Donald John Trump did not violate his dereliction in that “failed-to-act”
duty. In the Kavanaugh verdict, came the call that the action of the lower
court in Trump’s "Executive Privilege” case was not a “binding” decision. Nor that
it would be considered “precedence set” moving forward, that a former President
does indeed have such a luxury in privilege and this “WARNING” was a shot
across the bow to all the lower courts! Which means, well it appears that
Patriotism has been tamed by Treason for the time being.
So this “Conjecture Opinion”
by Judge Amit Mehta, it leaves Donald Trump as the remaining defendant, who is already
“Not Guilty” and maybe bankrupt so what’s the point?
Highlights of Judge Amit
Mehta’s “Conjecture Opinion”:
42 U.S.C. SECTION § 1985 safeguards
federal officials and employees against conspiratorial
acts directed at preventing them
from performing their duties. It provides: If two or more persons in any State
or Territory conspire to prevent, by force, intimidation, or threat, any person
from accepting or holding any office, trust, or place of confidence under the
United States, or from discharging any duties thereof; or
to induce by like means any officer of the United States to leave any State,
district, or place, where his duties as an officer are required to be
performed, or to injure him in his person or property on account of his lawful
discharge of the duties of his office, or while engaged in the lawful discharge
thereof, or to injure his property so as to molest, interrupt, hinder, or
impede him in the discharge of his official duties. The statute, in short,
proscribes conspiracies that, by means of force, intimidation, or threats,
prevent federal officers from discharging their duties or accepting or holding
office. A party injured by such a conspiracy can sue any coconspirator to
recover damages.
Section 1985(1) is a conspiracy statute, and so pleading a
plausible conspiracy is an essential element of all Plaintiffs’ §
1985(1) claims. “A civil conspiracy is defined as an agreement between two or
more people to participate in an unlawful act or a lawful act in an unlawful
manner.” The agreement can be either express or tacit It is enough “that
members of the conspiracy in some way or manner, or through some contrivance,
positively or tacitly, to a mutual understanding to try to accomplish a common
and unlawful plan.”
Before assessing the sufficiency
of Plaintiffs’ pleadings, it is important to bear in mind what the alleged
unlawful conspiracy is and what it is not. It is not that Defendants conspired
to sow doubt and mistrust about the legitimacy of the electoral process and
results of the 2020 presidential election. Nor is it that Defendants worked
together to influence, pressure, or coerce local officials, members of
Congress, and the Vice President to overturn a lawful election result. Though
many Americans might view such conduct to be undemocratic or far worse, neither
example is an actionable conspiracy under § 1985(1). The conspiracy alleged
is that Defendants agreed “to prevent, by force, intimidation, or threat,” (1)
Swalwell and the Bass Plaintiffs from discharging their duties in certifying
the results of the presidential election and (2) the President elect and Vice
President–elect from “accepting or holding” their offices. It is this
conspiracy that Plaintiffs must plausibly establish through well-pleaded facts.
The court begins with a detailed summary of those facts and then, assuming
those facts to be true, assesses their sufficiency as to each coconspirator.
Viewing the foregoing
well-pleaded facts in the light most favorable to Plaintiffs, and drawing all
reasonable inferences in their favor, the court concludes that the Complaints
establish a plausible § 1985(1) conspiracy involving President Trump. That
civil conspiracy included the Proud Boys, the Oath Keepers, Tarrio, and others
who entered the Capitol on January 6th with the intent to disrupt the
Certification of the Electoral College vote through force, intimidation, or threats.
Giuliani and Trump Jr. aided
the President in the foregoing efforts. They coordinated with him, spread
similar disinformation, contacted state and local election officials, and
agreed to speak at the January 6 Rally.
The court reaches a different conclusion
as to Giuliani. There is little doubt that Plaintiffs have adequately
pleaded that Giuliani was involved in a conspiracy to “engage in a months-long
misinformation campaign to convince Trump’s supporters that the election had
been illegally stolen.” But, as the
court stated earlier, such a conspiracy does not violate § 1985(1). What
Plaintiffs must plausibly establish is that Giuliani conspired to prevent
Congress from discharging its duties on January 6th by force, intimidation, or
threat. There, they fall short. In addition to his pre–January 6th
actions—which alone do not establish Giuliani as a § 1985(1)
conspirator—Plaintiffs point to two of Giuliani’s acts that occurred on January
6th: (1) his rally speech, in which he said, “So, let’s have trial by
combat” and “We’re going to fight to the very end to make sure
that doesn’t happen,” and (2) a phone call that he made to members of
Congress, urging them to delay the Certification. These allegations,
individually and taken together, do not “nudge” Plaintiffs’ § 1985(1) claim
against Giuliani “across the line from conceivable to plausible.” As to his
rally remarks, the court believes Giuliani’s words are not enough to make him
part of a § 1985(1) conspiracy. Critically, Giuliani uttered no words that
resembled a call to action. “Trial by combat” was not accompanied
by a direction to do anything. And, given the speaker, those words were not
likely to move the crowd to act. There is no allegation that anyone took
Giuliani’s words as permission to enter the Capitol. And there are no
allegations that Giuliani at any time before January 6th uttered words
advocating or inspiring violence. Indeed, as discussed further below, the
court holds that Giuliani’s rally remarks are constitutionally protected speech.
Nor is Giuliani alleged to have been involved in rally planning or known that
the President would direct the crowd to march to the Capitol. And he did not
express solidarity with the rally-goers after some violently assaulted police
and forced their way into the Capitol. Giuliani’s words at the rally are not
sufficiently additive to make him a § 1985(1) coconspirator. Neither are his
phone calls to lawmakers on January 6th after the Capitol was breached.
Whatever the timing of those calls, they at most establish Giuliani as an
opportunist, not someone who shared in the same general conspiratorial
objective as others before the violence at the Capitol occurred. Though
Giuliani unquestionably was a central figure in the President’s efforts to sow
doubt and mistrust in the election’s outcome, the court cannot say, based on
the facts alleged, that he plausibly shared the common conspiratorial goal of
violently disrupting the Certification.
The court reaches the same
conclusion as to Trump Jr. The allegations against him are even thinner
than those against Giuliani. Before January 6th, he sent false and misleading
tweets about the election and publicly criticized officials who did not support
his father. He also spoke at the rally, during which he repeated false claims
about election fraud and theft. He also warned Republicans who failed to back
the President, “we’re coming for you, and we’re gonna have a good time doing
it.” As discussed below, the court believes these words to be protected speech.
That is all Plaintiffs have attributed to Trump Jr. He is not alleged to have
participated in rally planning, known that the President would direct a march
to the Capitol, or expressed support for the rioters and their actions. The
allegations against Trump Jr. are insufficient to make him a coconspirator in a
plan to disrupt Congress from performing its duties.
At this point in time, the Judge
Mehta’s opinion is to call out Donald John Trump as the “only” government conspirator
and provide “conspiratorial amnesty” to Rudy Giuliani and Donald Trump Jr.
Plaintiffs advance other claims,
as well. Swalwell alleges a violation of § 1986, a companion provision to §
1985. 42 U.S.C. § 1986. That statute makes a person in a position of
power who knows about a conspiracy prohibited by § 1985, and who neglects or
refuses to take steps to prevent such conspiracy, liable to a person injured by
the conspiracy. Swalwell claims that President Trump, Trump Jr.,
Giuliani, and Brooks violated § 1986 by refusing to act to prevent the violence
at the Capitol.
The foregoing comes with one
important caveat: President Trump is immune as to
Swalwell’s failure-to-act claim under
§ 1986. That provision states: Every person who, having knowledge that
any of the wrongs conspired to be done, and mentioned [in section 1985 of this
title], are about to be committed, and having power to prevent or aid in
preventing the commission of the same, neglects or refuses so to do, if such
wrongful act be committed, shall be liable to the party injured, or his legal
representatives, for all damages caused by such wrongful act, which such person
by reasonable diligence could have prevented. The statutory provision
is unique. It requires persons with knowledge of a conspiracy proscribed in §
1985 and with the means to prevent the conspiracy to take affirmative actions
to do so. A person who refuses or neglects to exercise such power is liable for
damages to those persons whose injuries could have been prevented. Swalwell
alone asserts a claim under § 1986 against President Trump. He alleges that
President Trump knew about the alleged § 1985 conspiracy, had the power to
prevent it, and failed to exercise “reasonable diligence” to avoid harm. But
the President cannot be held liable for his failure to exercise his
presidential powers, at least under § 1986. Just as he is immune for acts that
fall within the outer perimeter of his official responsibilities, so too must
he be immune for alleged failures to exercise that official responsibility.
Were it otherwise, Presidents routinely would be subject to suit for not doing
more or for not acting at all. Absolute immunity would be gutted if a plaintiff
could avoid it simply by alleging a failure to exercise presidential power. The
court therefore dismisses Swalwell’s § 1986 claim.
If Swalwell contends that
President Trump is liable under § 1986 because he himself is an alleged
coconspirator and had the power to stop the conspiracy, the court is dubious
that § 1986 can sustain such a construction. If accepted, it would mean that
any coconspirator of a § 1985 conspiracy with some degree of authority is
likewise liable under § 1986. The court is skeptical that Congress
intended such an interpretation. In any event, Swalwell does not
specifically articulate a reading of § 1986 that would rest on the President’s
failure to act before the rally-goers stormed the Capitol.
At this point in time, the Judge Mehta’s opinion states that Donald John Trump is the “only” government conspirator" left, but rest asured cannot be held liable for his failures! Maybe Metha fell asleep, maybe he farted, but for sure he defecated on "My Country 'Tis of Thee" as jurisprudence Patriotism is MIA. Case Closed.
Sunday, February 20, 2022
Judge Mehta's Select Committee
Dear BENNIE G. THOMPSON as
Chairman - famous for “Must Respect the Institution” even if Part and Parcel
Guilty and known to have suffered from “Emotional Distress” due the effects of
“Crazy Psycho Shit” and LIZ CHENEY as “Vice Chair”(but not the minority leader
due legitimate political discourse), along with ZOE LOFGREN, ELAINE
LURIA, ADAM SCHIFF, PETE AGUILAR, STEPHANIE MURPHY, JAMIE
RASKIN, ADAM KINZINGER as “Rank & File Members” on the Select
Committee Investigating the January 6th “Domestic Terrorist Attack”
on the United States Capitol, along with the FOUR missing-formation
members in vacancy status;
Not meaning to sound funny, but
Nancy Pelosi did not take me up on my Patriotic suggestion, that I be awarded
one of the missing formation vacancies with this “Committee” so that it was
then starting to conform to the “letter of the law”. OK just remember laughter
is still the best of medicines! But it appears this “Committee” will soon be a
laughing-stock Marjorie Soylent Greene jock-strap Jim Jordan joke if Mark
Meadows prevails in his lawsuit. Look, I am not betting on Speaker Pelosi in
that duel, as it sure seems to be following that Cicilline “Crazy Psycho Shit”
philanthropy! So just a reminder before signing off for good as my new book
titled “My TRY TIP Recipe Book for Bennie” is in the final draft, and likewise with this
“Committee” needing more time to answer the Nichol’s “Court”, well me to too
busy “in light of their schedules and official travel.” Especially
now that new “subpoenas” being issued will again postpone some more any “Public
Hearings”, why has not this “Committee” issued a “Subpoena” for any member of
Congress nor served Donald John Trump wherein service is due, way overdue? Especially
after District Judge Amit Mehta most recently allowed amnesty for Rudy and
Donald Jr. and almost pardoned the 45th! I am sure they are laughing in the scary fact that
their January 6th “Domestic Terrorist Attack” free-speech was
protected even though they were mentioned as an accomplice to Donald Trump’s “conspiracy
act” plan to overthrow Congress. That is what happens with Trump appointed
trash. So it appears with that “opinion” your “investigation” and our “investment”
just got a whole lot easier under consideration - as there is but for a single
rodent left to subpoena. And for real, Donald as former “President Trump is immune as to failure-to-act”? Wow, this makes the “Select Committee’s” job
super-duper easy, just pack up and go home. It means there is nothing left, the
Judge just said Trump is “immune” and if it works under the merits of “exciting
a riot” it will work everywhere else, as Mehta is quoted; “But the
President cannot be held liable for his failure to exercise his presidential
powers, at least under § 1986. Were it otherwise, Presidents routinely would be
subject to suit for not doing more or for not acting at all. Absolute immunity
would be gutted if a plaintiff could avoid it simply by alleging a failure to
exercise presidential power. If Swalwell contends that President Trump is
liable under § 1986 because he himself is an alleged coconspirator and had the
power to stop the conspiracy, the court is dubious that § 1986 can sustain such
a construction. If accepted, it would mean that any coconspirator of a § 1985
conspiracy with some degree of authority is likewise liable under § 1986. The
court is skeptical that Congress intended such an interpretation. In any event,
Swalwell does not specifically articulate a reading of § 1986 that would rest
on the President’s failure to act before the rally-goers stormed the Capitol.”
So nice that a judge did the leg work for the Congress in this “skeptical”
reasoning and if that be not the case then someone should call Mehta to the
carpet on this - maybe subpoena the judge! And how is it that this judge can
get away with impersonating a Supreme Court Justice, as his reasoning is not
for the lower-courts to decide in the “intent of Congress”, so this “opinion”
begs of “part and parcel guilty” in disrespect to the institution. If this is
another “smoke screen” tactic that but for “must respect the institution”,
reason to believe Chairman Thompson really meant that “Crazy Psycho Shit”
institution finds preferential treatment. Sorry, but I searched every damn
Congressional publication since 1789, cannot find wherein this “respect for the
institution” finds its merits in establishment. Maybe it was made up on the
fly, but it is meaningless in the U.S. Constitution as that being true, this
“respect” it would mean DEMOCRACY in its grave already. So in “Legitimate
Political Discourse 101”, herein is what it spells out in your own damn Portnoy’s
Complaint pocket-addition of the “House of Representatives Rules”. And before
Trump gets protection under the Westfall Act, act now and subpoena the rodent. Sad
though, that this “Committee” is afraid, cowards more like it, to not use what
is necessary to get…it was an INSURRECTION, a “DOMESTIC TERRORIST ATTACK” by a
sitting Commander-in-Chief, what is it that this “Committee” fails to
understand, as “We the People” are not STUPID and as we speak the Rudy Giulianis
and Donald Jrs. and the Mo Brooks are dead beating it away to freedom!
RULES of
the HOUSE OF REPRESENTATIVES
ONE HUNDRED SEVENTEENTH CONGRESS
February 2, 2021
Rule XI, clause 2 - Subpoena Power
Subpoena power (m)(1) - For the purpose of carrying out any
of its functions and duties under this rule and rule X (including any matters
referred to it under clause 2 of rule XII), a committee or subcommittee is
authorized (B) to require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books, records, correspondence,
memoranda, papers, and documents as it considers necessary.(D) Subpoenas
for documents or testimony may be issued to any person or
entity, whether governmental, public, or private, within the United States, including,
but not limited to, the President, and the Vice President, whether
current or former, in a personal or official capacity, as well as the
White House, the Office of the President, the Executive Office of the President,
and any individual currently or formerly employed in the White House, Office of
the President, or Executive Office of the President.
And wait there is more of this “Crazy Psycho Shit”, as then
“We the People” find under the same House of Representatives “Rules”:
RULE VIII
RESPONSE TO SUBPOENAS
1. (a) When a Member, Delegate, Resident Commissioner,
officer, or employee of the House is properly served with a judicial
subpoena or order, such Member, Delegate, Resident Commissioner, officer,
or employee shall comply, consistently with the privileges and
rights of the House, with the judicial subpoena or order as hereinafter provided,
unless otherwise determined under this rule. (b) For purposes of this rule,
‘‘judicial subpoena or order’’ means a judicial subpoena or judicial order
directing appearance as a witness relating to the official functions of the
House or for the production or disclosure of any document relating to the
official functions of the House.
Let’s face the facts, the
stubbornness of this “Committee” in refusal to “Subpoena” the Donald and the
Jim Jordans some 230 days gone bye-bye by now, with lame excuses “we do not
know what we are doing”, well remember most of us learned it all in kindergarten
- how to understand rules! Since when did “We the People” give the Congress the
legitimacy to make up rules that don’t exist?
Please STOP blowing smoke up
our you know what - as this Patriotic Democrat is starting to see that this
“Committee” is more interested in Image over Country!
And when Nancy Pelosi was
experiencing a “Bad Hair Day” or maybe the fallout from excessive private gallivanting
jet lag, Pelosi cut Bennie Thompson’s H.Res.3233 to smithereens - which was an
excellent resolution to form a “Committee” for opening up an “investigation” into
the January 6th event, as it was the roadmap of necessity and
success. And when the “smithereens” went pasted back together to form some
semblance of “crap legislation”, those pieces of the puzzle in chaos now an
abortion found a romance as H.Res.503, well wherein does it say this
“Committee” can hold “Public Hearings”? It cannot, the only wiggle room is for
this “Committee” to finish that report and close up shop, so take this as a
Cease & Desist, DO NOT waste the Taxpayers hard-earned income taxed for a
talent show, as that is no different then the Moron’s attempt to “Steal the
Steal”. In ending forever, good luck with what started out as a “Good Faith”
effort to hold those accountable for that “DOMESTIC TERRORIST ATTACK”, that investigation
now turned into some idiotic excuse that the “Select Committee” must abide by
the senile sanitized notion in “must respect the institution” and local judges
deciding that they think they know what is best for the Congress in its fight
for Democracy. Thanks for trying, but in the end it appears that something has
gotten in the way of “do solemnly swear that I will bear true faith and
allegiance…so help me God.” and that means “My Country ‘Tis of Thee” in its
Founding Fathers’ DEMOCRACY is still under ATTACK and thus we are all in the
same vote, both democrats and republicans, with “part and parcel guilty”.
GOOD-BYE!
Stugots - The Lousy Hat
Solidarity Party
PS: Free copies of “My TRY TIP Recipe Book for Bennie” will be provided to the “Select Committee” members when publication begins. Enjoy!
Friday, February 18, 2022
HELP WANTED
HELP WANTED - This is an opportunity of a lifetime, a time to come to the aid of your Country, in a bipartisan Patriotic way - either as a “Crazy Psycho Shit” Democrat or a “Legitimate Political Discourse” Republican! Maybe you would never consider throwing your good name away getting involved in the Washington political scene for a career, but herein is a position wherein you can temporality try out the “cesspool”! No commitments! Yes indeed, in opportunity to experience what members of the Nancy LousyLollaPelosi's House of Representatives enjoys day-in day-out. And wait there’s more, NO QUALIFICATIONS necessary! Right now, there are 4-positions requiring your expertise, which can be anything to help out, as the bipartisan - meaning the “Crazy Psycho Shit” side of the aisle and the “Legitimate Political Discourse” other side of the aisle of right - this “so happy together” again finds the “Select Committee” Investigating the January 6th “Domestic Terrorist Attack” on the U.S. Capitol with roll-call “Vacancies”! And with such, it cannot fulfill its “mission”! And it does not matter your political side, even if you wear a Marjorie Soylent Greene jockstrap or Jim Jordan leak-proof panties, whatever your fancy, this opportunity may be that once-in-a-lifetimer. IMAGINE telling your grandkids that you were part of this “Committee”, with the likes of Adam Schiff and Jamie Raskin and Zoe Lofgren, all seasoned impeachment managers that paved the way for the acquittal of Donald John Trump! So act now, contact Nancy at 202-225-4965 with promotion code 503 and offer up your services. She may take you up on your willingness and in appreciation your Patriotism in gratuity a ham sandwich. If no answer, please try back at a later date, as sometimes due a “Bad Hair Day” the phones are not answered. If no luck getting through, as time is of the essence for this “Committee” getting fully up to par with staff infection “composition”, you can also contact Head-Cheese Bennie at 202-225-5876 with inquiries, but this contact may not work either, due to interference by “emotional distress” signals.
Thursday, February 17, 2022
Volunteer of AMERICA
To: Nancy Pelosi, House Speaker of the 117th
House of Representatives
Subject: House Resolution 503 - Vacancies
Date: February 17th, 2022
Urgency: CRITICAL - Immediate Attention Required
CC. BENNIE G. THOMPSON
“Chairman” and LIZ CHENEY “Vice Chair”, along with, ZOE LOFGREN,
ELAINE LURIA, ADAM SCHIFF, PETE AGUILAR, STEPHANIE
MURPHY, JAMIE RASKIN, ADAM KINZINGER as “Rank & File
Members” on the Select Committee Investigating the January 6th
“Domestic Terrorist Attack” on the United States Capitol;
Dear House Speaker Nancy
Pelosi;
Due the fact that “vacancies”
exist on the Select Committee Investigating the January 6th “Domestic
Terrorist Attack” on the U.S. Capitol, and since by now some 230 days have past
wherein this “Committee’s” roster is in violation of House Resolution 503 as is
found under SEC. 2. COMPOSITION: (c) Vacancies.—Any vacancy in the
Select Committee shall be filled in the same manner as the original appointment.,
I offer a Patriotic solution. Since it appears that the “vacancies” have
not been accommodated through the “filled in the same manner as the original
appointment”, most likely due to “Legitimate Political Discourse”, well as a forever
“Volunteer of America” along with my New England Patriot “Duty to Country” I am
ready and willing to accept the challenge - to fill one of the vacancies. If
qualifications are in question, unlike Bennie Thompson’s original resolution 3233
that held a vast array of requirements, 503 finds none, so I am qualified. Pay
can be negotiated but within the merits of SEC. 6. RECORDS; STAFF;
TRAVEL; FUNDING: (d) Use Of Consultants Permitted.—Section 202(i) of the
Legislative Reorganization Act of 1946 shall apply with respect to the Select
Committee in the same manner as such section applies with respect to a standing
committee of the House of Representatives and as was found in 3233, may be
compensated at not to exceed the daily equivalent of the annual rate of basic
pay in effect for a position at level III of the Executive Schedule under 5314
of Title 5 USC. Or if pay is an issue, a ham sandwich will suffice. Please
take this recommendation under serious consideration, that which starts to fulfill
the roster/vacancy requirements of your resolution and I believe having an
outsider on the “Committee” more then ever today is sound enrichment for “We
the People”. Thanks.
Stugots Scoregge nella mia testa - Lousy Hat Solidarity Party
Wednesday, February 16, 2022
Pelosi - Another Bad Hair Day!
Dear BENNIE G. THOMPSON
“Chairman” and LIZ CHENEY “Vice Chair”, along with, ZOE LOFGREN,
ELAINE LURIA, ADAM SCHIFF, PETE AGUILAR, STEPHANIE
MURPHY, JAMIE RASKIN, ADAM KINZINGER as “Rank & File
Members” on the Select Committee Investigating the January 6th
“Domestic Terrorist Attack” on the United States Capitol, along with the
missing-in-action members in vacancy status;
A 14-day extension for the “Committee
Members” to answer to the Meadows v. Pelosi complaint? In excuse “in
light of their schedules and official travel”? For real, then may I
suggest less time on the Rachal Madcow hour! What are you trying to hide, as is
not time of the essence in this “investigation”? Beginning to believe this
additional time, as so with the Trump v. Thompson time extension, it is due the
fact this “Committee” is floundering. Just an honest assessment of what it
looks like from the outside, when trying to stay on the side of Democracy and
would like to continue support for this Committee’s “investigation”, but what
is going on? If there is nothing to hide by the “Committee” and or Pelosi in
the Meadows’ case, then STOP this harassing of “We the People”, just answer the
complaint timely so we can then see how Judge Nichols views the “merits” of the
case. Then again if Pelosi had a “bad hair day” and allowed the violation of
the “composition” of H.Res.503, and the “Committee Chair” went along with it,
then maybe it best time to cut the losses. Yes, abandon the efforts. It is
wonderful all the evidence the “Committee” has so far collected and it appears
bragging rights every night makes us confident the “investigation” is still
meaningful, but what good is it if Meadows’ case is not dismissed? Why are
there still “vacancies” in the “Select Committee” roster, when the language of
503 is specific in that “Shall”? It appears Mr. Meadows has a very strong case,
and if he prevails, well maybe that DOJ “referral” is moot - is that why the “Committee”
wants to extend things? And could it be that Merrick Garland’s DOJ cannot, will
not rule on the Mark Meadows’ “Criminal Contempt” referral from House Speaker
Pelosi until such time this “Select Committee” and Nancy Pelosi with “respect
to the institution” find the time to prioritize what is, well a priority? It
appears this “Committee” is now stalling to buy time, not what “We the People”
would have expected from a Democratic sponsored “Committee” with a mission to
get to the bottom of how Donald John Trump was responsible for the January 6th
“Domestic Terrorist Attack” on the U.S. Capitol. So why the “water-boarding”? So let me answer
the court for Pelosi and this “Committee” in a 1,2, 3 strikes you’re out!
According to House Speaker
Nancy Pelosi’s House Resolution 503, that which was the foundation for the “Select
Committee”, it SHALL:
SEC. 2. COMPOSITION.
(a) Appointment
Of Members.—The Speaker shall appoint 13 Members to the Select Committee, 5 of
whom shall be appointed after consultation with the minority leader.
(b) Designation
Of Chair.—The Speaker shall designate one Member to serve as chair of the
Select Committee.
(c) Vacancies.—Any
vacancy in the Select Committee shall be filled in the same manner as the
original appointment.
Yes your honor, we never
convened a full posse! Nancy had a bad hair day and Bennie suffers from
“emotional distress”, so we have engaged in a disregard of minority rights.
Case Closed. Why cannot this “Committee” begin to come honest with “We the People”
that due stubbornness, that this “Committee” may be in serious jeopardy to
continue on, as Judge Nichols will not find any amusement in a Congress that
does not follow its own “rules”. So just give it up, be honest with the Court
and admit that this “Committee” is not a “Committee” and then “We the People”
will find an understanding how with Pelosi it was IMAGE before Country!
Stugots, Lousy Hat
Solidarity Party
-and for reference:
On the motion filed February
15th, 2021, in Meadows v. Pelosi:
CONSENT MOTION FOR AN EXTENSION
OF TIME TO RESPOND TO PLAINTIFF’S COMPLAINT Pursuant to Local Rule 7 and the
Court’s Standing Order for Civil Cases (ECF No. 4), Defendants the Honorable
Nancy Pelosi, the Honorable Bennie G. Thompson, the Honorable Elizabeth L.
Cheney, the Honorable Adam B. Schiff, the Honorable Jamie B. Raskin, the
Honorable Susan E. Lofgren, the Honorable Elaine G. Luria, the Honorable Peter
R. Aguilar, the Honorable Stephanie Murphy, the Honorable Adam D. Kinzinger,
and the United States House Select Committee to Investigate the January 6th
Attack on the United States Capitol move for an extension of time to respond to
Plaintiff’s Complaint. Plaintiff Mark Meadows filed his Complaint (ECF No. 1)
on December 8, 2021. Pursuant to Federal Rule of Civil Procedure 12(a)(3), the
response to Plaintiff’s Complaint is currently due on February 18, 2022, 60
days after service of the summons and original complaint on the U.S. Attorney
for the District of Columbia. See ECF No. 7; see also Fed. R. Civ. P. 12(a)(3).
Defendants seek a 14-day extension of the deadline to respond to the Complaint,
until March 4, 2022.
Defendants, all Members of
Congress, are actively engaged in studying the various alternatives in the
litigation and need more time, in light of their schedules and official travel,
prior to responding.
Monday, February 14, 2022
Nancy Pelosi - A Bad Hair Day
Mark your calendar, as
February 18th, 2022, is a pivotal date and could be remembered in
history as the “Nancy Pelosi Bad Hair Day Extraordinaire”. For real, just
4-days away. Look, did House Speaker Nancy LousyLollaPelosi mess it all up for
Democracy? Yes in a “Bad Hair Day” moment, maybe aided and abetted through
sustained jet lag and a “Crazy Psycho Shit” House to contend with not to forget
a bunch of GOP Turncoats. Surely not a formula for success!
The Scooby-doo Scoop: When
“My Country ‘Tis of Thee” was still recovering from the morning after putrid
stench left behind from defecating punks of the Moron, that January 6th
Marjorie Soylent Greene gazpacho thing that proved one all-important reality that
we never should have shut down the “Insane Asylums” - hold that thought! But maybe
worse off then that so help me God my “Founding Fathers” Democracy, what
appears to be a treacherous abandoning by Pelosi, that which was addressed in
the heading of this dissertation. Maybe this jeopardizing of a Democracy
wounded, when she was too busy getting a hair-blow-job or private jet
gallivanting excursions, even with Mr. COvid keeping most of us in “lockdown”
mode. Well praytell we may soon find out a new meaning of “dereliction”, as by
next Friday we will see if the Mark Meadows’ not guilty “strategy” holds toilet
water. OK, nothing to do with “guilty or not” just the fact that Meadows is
giving Pelosi and her “Select Committee” a run for its monarchy. Yes, toilet
water, in the sense the same damn water rights Donald Trump claims for his
“above the law” cesspool attitude. See, I am not a Mark Meadows fan, neither
would I be held accountable to NOT give Donald Trump “Good Samaritan” life
support if by chance I was nearby, and he was choking while trying to eat the
evidence - talk about the dog ate my homework. OK, if I were around the corner
and there was a nearby toilet plunger I may attempt resuscitation - Donald
“open wide”! Imagine, the Commander-in-Thief choking on Jim Jordan’s edible
panties, I meant Marjorie Soylent Greene’s “gazpacho” flavored jock-strap. But
when you read the lawsuit that Mr. Meadows has before the District Court today,
it is a good augment - matter in fact it is a solid augment in jurisprudence,
to be concise that by next week we may see the dismantling of the “Select
Committee investigating the January 6th Domestic Terrorist Attack on
the U.S. Capitol.” Or at least a time-out and then a “nothingburger” again, as
legal challenges with the intent to stall things finds a ways and means to
boredom, then all interest will wane away we are left with another useless like
Impeachment #1 not to forget an Impeachment #2 wait there’s more. I am starting
to feel sorry for Jamie Raskin and Adam Schiff and Zoe Lofgren, as those
failures will become part of their resumes! Does 3-strikes make what a
difference the day makes? But why so my concern over the wherewithal and
survival of this “Select Committee” in this premeditated fact that in a few
days we may hear screaming from the Capitol rotunda, when Pelosi looks in the
mirror and sees just another “Bad Hair Day”? Because in haste, in waste of the
Taxpayers’ hard-earned income burdened by Uncle Sam’s reputation for taxation,
it means the menace that some can continue to play games because “accountability”
is like a traffic light, just a suggestion to a drunk driver…OK, to begin with we
start out with the Mark Meadows v. Nancy Pelosi and the Select Committee
Members, it is paramount this discussion of what can cause that “Bad Hair Day”.
This case is active before a district judge that once worked for Clarence
Thomas and Carl Nichols was given the courtship by none other then, Donald John
Trump! And Nichols is one tough gavel hailing justice. Now the Meadows’ suit
claims two-things of mighty importance, the precipice for what could end up being
a “Bad Hair Day” for Pelosi. First and foremost trying to gain attention and
attraction before the “Court”, facts that suggest the “Select Committee” never
convened per "the letter of the law”. So if Meadows’ case is convincing enough
on this fact alone, it means everything Pelosi’s “Committee” has accomplished
so far is moot, basically “null and void” for the time being. A time-out until
such time it is officially convened in accordance with the House Resolution 503,
that which granted gavel permission for the formation of this “Committee” to
investigate the January 6th “Domestic Terrorist Attack” on
Democracy. This “resolution” was authorized by House Speaker Nancy Pelosi. It
was voted in by the House, in victory for the Democratic side of the aisle. But
early on during the preliminary formation of this “Committee” with its
membership, wherein it is of record under the “Composition” title that which specifies
that there “Shall” be 13-members chosen from the House, wherein 5-members “Shall”
to be chosen by the minority leader Kevin McCarthy, well it all fell apart even
before the Pelosi signature-of-authority was even beginning to dry. Pelosi was
not excited about having members nominated that voted against the resolution in
the first place, because some of those named by McCarthy would then be involved
in the active investigation into Donald John Trump’s knowledge of that plan,
which culminated by a “Domestic Terrorist Attack”. Yes, it meant those in the
know and “termites” of Trump conducting their own investigation, well it would
be like talking to themselves in the Putin mirror that once assaulted the Oval
Office wall - which is now down Mar-a-lago way as Melania the “Russian Spy”
cannot live without it. So with that predicament in possibility, with guilty
GOP members in the midst of a valid “investigation”, well Pelosi gaveled in her
own members of the House from the GOP, namely Liz Cheney and Adam Kinzinger - the
only republicans that had voted AYE for the 503 resolution. And by being so
stubborn, well Pelosi fell into the GOP “trap”! As that was a death wish
against the resolution the merits of its language - that “letter of the law”
jurisdiction! Need to sway, Pelosi’s “Select Committee” found preferential
treatment in the “Select” category, against the wishes of the “resolution”
itself and thus this must have “investigatory committee” started off with
failure written all over it. Now cannot change horses in midstream either, as
then Representative Bennie Thompson was awarded the “Chair”, when at the same
time he had a personal lawsuit against Donald Trump, for an action asking for $compensatory$
and $punitive damages$ for the harm suffered by “emotional distress” from that
January 6th affair. Requesting a “jury award” which can sometimes
mean $millions$. Now Thompson did recuse himself away from that court action
when he was assigned to the “Select Committee”, but that does not necessarily
mean the “emotional distress” was left behind! And when the “Select Committee”
started to explore to expose, when Thompson’s gavel was heard that the “Select
Committee” had convened, it was not set-up according to the merits of the
original House Resolution 503, so it was premature to convene. There were
vacancies, still today, and the “resolution” called for No Vacancies, to
convene only when there was a full roster of 13-members, NOT 9 and how it
stands today in limbo, with guidelines for “Shall” filling those vacancies! It
meant 3-times this “Shall” condition the make-up of the “Select Committee”, not
could, not a maybe, but…just ask a lawyer the significance of this “shall”
doctrine! It was that proverbial 3-strikes you’re out and Meadows being a
seasoned member of Congress, well he understood what it meant to then use that
verdict to his advantage. So in reality all things considered “Congressional”,
there is found no excuse to stray away from the original House Resolution and
now the “Court” is involved. And that is the Mark Meadows’ defense, that the
“Committee” was not performing within the obligation of the original resolution
and there came no “amendments” otherwise - like would be the “norm” when lawmakers
through legislation must intervene to change things - that would have then
allowed a posse of 9 to fulfill the “mission” and get on with the
“investigation”. An “amendment” was required, even though it may have then come
under protest by the McCarthy GOP, but there is a mechanism in place with the
House that must be used to address such concerns. Pelosi blew it, as she
reneged on the deal and did not bother to convene the “House” to amend the 503 Resolution!
Instead, it was a premature nothing! Today, the Mark Meadows case is at the
stage wherein it requires Pelosi and Thompson to answer in argument the
complaint by Friday the 18th, as to why the “Committee’s” roster
found vacancies and no attempt to fill such as was required by the language of
the resolution - as the latter is the “law of the land” when it comes to the
Congress in fulfilling its “Constitutional” obligation. With Pelosi, I think it
is called heresy, maybe dereliction in the conviction! What’s at stake for
Democracy? How do you convince a judge to rule against the Meadows’ case when the
“Committee” was not following its own rules - it wasn’t “case closed”! Yes, due
a “Bad Hair Day” as Pelosi knows better so many maybe too many years in the
Congress, well in “stubbornness” the Speaker may have ruined the so-far merits
of the “Select Committee” as the judge could easily rule that it is not yet a “convened”
Committee. Thus, it has no basis to perform any sort of investigatory work. I
hear the pound of the gavel, go home until such time those vacancies are
filled, in the meantime all the served subpoenas are null and void! Which means
the Mark Meadows’ “criminal contempt” referral before the DOJ is also
dismissed. Same with the Steve Bannon thing. Same with the John Eastman
escapades that is close to a “contempt referral” not to mention all the rest of
Trump’s minions that will line up and kissing Meadows’ ass. Yes, crooks and
crocks still on the loose! Look, “everybody's talking at me - I don't hear a
word they're saying - only the echoes of my mind” that Meadows’ “referral” and
so many pundits questioning why Mr. Garland has been so damn quiet, still so
silent after some 60-days still not committed to publicly holding Meadows in “criminal
contempt” - it is because of the Meadows’ lawsuit don’t need a weatherman to
tell which way the wind blows! And this is something the “Select Committee” is
afraid to be transparent about, as no doubt the members have by now read the
Meadows’ lawsuit and right about now Pelosi and Thompson are shitting heart
shaped bricks for Valentine’s Day! They may have blown it! And when the “Select
Committee” started sending out those subpoenas like red-hots like it was the
Valentine’s Day Massacre, well there came the scare and in challenge that individuals-of-interest
would just claim the 5th. Which is allowed as a defense against
“self-incrimination”, it does not mean “guilt”, but then Mr. Thompson had a fit
of explosive diarrhea and called the use of the 5th “part and parcel
guilty”. And that is when Mr. Meadows decided to fight fire with fire. A person
in the “Chair” position should realize when to keep one’s mouth shut. And here
we are, everyone still in wonder that after so many days gone bye-bye since the
“Select Committee” made a “criminal contempt” referral to the DOJ about Mr. Meadows’
“NO SHOW” for his subpoena deposition, why Merrick Garland remains so silent -
because Meadows was smart and filed the lawsuit before Thompson’s referral hit
the doorsteps of the DOJ. So now time is on the Meadow’s camp side, and
depending on the outcome, it could find a trickle-down theory that wipes clean the
slate any so far evidence gathering by the “Committee”. And even when Mr.
Meadows was dragging his feet but still entertaining the “Select Committee’s”
investigation, so was acting in some semblance of “faith” the jury still out whether
in good or bad, Thompson secretly subpoenaed Meadows’ phone records. Which was
not an act in “Good Faith” participation, and that is another argument before
the court in this Meadows’ complaint. This is what will anger a judge more then
anything else! And we now know all about that questionable gap in Trump’s phone
logs on that January 6th, well the Moron was using Meadows’ phone
and with this lawsuit, it may dismiss that must have evidence that may then be
placed off limits forever amen. So we had the goods on the pricks, we had more
then enough evidence the ham sandwich is going to Sing-Sing for life X 10. But
because of “bad hair days” along with “emotional distress”, the “Select
Committee” may have been too damn antsy, as this was Adam Schiff and Jamie
Raskins one last clear chance to prove themselves after two failed
“Impeachments”. That guilt, it may have condoned an over-zealous calling with
involvement in this “Select Committee”, and that may be what fails Democracy
even more then that January 6th “Domestic Terrorist Attack” on the
U.S. Capitol. And wait there’s more in the bone of contention category, that which
could further derail the “Select Committee” as “bad hair days” seem to have
taken over the House like in vogue, yes in that “I Really Don’t Care Do U”
sentiment now from Pelosi, as Mr. Meadows is still in argument that he must
abide by the “Executive Privilege” set forth by his ex-boss. Now everybody
thinks that the 1-0 8-0 convincing yet deceiving “opine” most recently issued
from the Supreme Court put that concern to rest. It did not, matter of fact Jester
Brett Kavanaugh made it clear and convincing that the only reason Trump was not
allowed a “stay” wherein his presidential records should find some semblance of
“confidentiality”, even as a former boss, it was based on the fact the appeals
court eared in its judgement and based its “no executive privilege” decision on
“dicta”. Another way of “Big Brother” calling out a laziness in the lower court’s
ruling. Which means that it was not ruled upon within the merits of the case,
it was too far reaching and that a President, a former “shall” enjoy the
privilege. Accordingly, this shot across the bow by the Supreme Court speaks
for itself, that a former president has the legitimacy upon the ability to
continue to exercise that right of “Executive Privilege” regardless of what Joe
Biden thinks. The ruling from the High Court was basically a warning, that next
time any lower court gets to hear a case in appeal the legal consideration of
“Executive Privilege”, that it must base its decision on the “merits” of the
case - even if it is in the best interest for national security to give
breathing room for this “dicta” reasoning. That it will not stand and look out
if another similar case makes its way back to Kavanaugh, which we could see
with the Meadows’ case. So that is what Mark Meadows is up to. He has the
majority of the High Court on his side, especially Clarence Thomas. And the
district judge that is hearing the Meadows case, to reiterate, he was a
confident clerk for Thomas - and Thomas was the 1-0 in that landmark “Executive
Privilege” decision that the court said was neither “binding” or would “set
precedence”, even though it ruled against Donald Trump for this particular case.
To reiterate, it was neither “binding” or “set precedence” for the lower
courts, wherein Thomas was all for that Trump “privilege” still. That said, it
was one of the few times the “High Court” has challenged its own merits on “precedence
set” litigation. So when you put these things together before a judge that was
a Trump appointee…good luck Nancy best schedule a hairdo! And it was
stubbornness between Pelosi and McCarthy that has got us into this bind. Look
McCarthy is too stupid to have planned this “trap”, it appears the democrats
shot themselves in the foot! We know how baby Kevin works and in this case
Pelosi should have taken the high road, she should have given in to the
5-candadites that McCarthy voted on as minority members of the “Select
Committee”, as it did not amount to any concern as the composition of the
“Committee” would then have still maintained a majority by members of the House
that were Democrats in an 8 to 5 victory for Democracy. The “Select Committee”
didn’t need the involvement of McCarthy’s trash in efforts to perform any valid
investigation, but those named needed to be included in the roster before convening!
So maybe Pelosi was having a “bad hair day”, and here we are at the cross-roads
and it don’t look so good for those that thought we had Patriots on our side to
get to the bottom of that “Domestic Terrorist Attack”. But rest assured, they
are all selling book tours! And if we see that the lower courts give in and
grant Mark Meadows a victory his day in court, that Donald Trump maintains
“Executive Privilege” and that the ”Select Committee” has not yet legally
convened, well rest assured that the lawyers have so far made a “killing” for
nothing in return and it shows me that maybe, just maybe “emotional distress” has
taken over “My Country ‘Tis of Thee’s DEMOCRACY” and when a “Bad Hair Day”
confronts…blame it all on Nancy Pelosi and her pigsty IMAGE above Country, she
gaveled away Democracy because that IMAGE was more important then “My Country
‘Tis of Thee”!
Lousy Hat Solidarity Party
Sunday, February 13, 2022
Is Putin’s Time Up?
So, T-minus very little, and it sounds
like “bombs away” and Ukraine is under attack. But not so fast, as we must also
realize that this is an opportune time for a Russian “coup d’etat” against
Vladismear Vladimirobitch Putin. Yes,
the time for the “Workingman’s Blues” to take over, the party of the working men
and women of Russia, those that believe the old ways and means are not what the
Russian people want or deserve, as Putin is a phobic hoe foe! I can hear the
workers singing to Dylan:
Meet
me at the bottom, don't lag behind
Bring me my boots and shoes
You can hang back or fight your best on the front line
Sing a little bit of these workingman's blues
Well,
I'm sailin' on back, ready for the long haul
Tossed by the winds and the seas
I'll drag 'em all down to hell and I'll stand 'em at the wall
I'll sell 'em to their enemies
Look, blood and guts and dead-burned
babies and a ruined economy a war that could last forever, what good is it what
does it prove if but for stupidity to redraw the Russian Federation map some
more. And if that be the intent, well the aftermath of a bloody insurrection
has to be dealt with by the conqueror! Else, well outside interests like NATO
mobilize to feed and cloth the down and out, and the cycle begins all over
again. Look Putin, you attack it you own it! And even if Putin did survive to
get away with it, it would be but a short-lived victory as Ukrainians will find
a path to get back to wherein they were before today, with some semblance of freedom.
And the Russian people must be thinking the same thing, as it is well known
that the Russian election system is rigged, and even though there was at one
time a 2-term limit for a Russian dickhead, well Putin did a Trump and changed
the laws so he can serve as America’s foe and Melania’s hoe until 2036. WTF?
Look, Putin was supposed to be this super-duper “I Spy” intelligence guy. But
he was taken for a ride during the Trump administration as I am convinced that
Melania was acting as a “Double Agent” and our intelligence community had four
years to feed crap to Putin’s mistress and the rest is Greek tragedy irony. Yes
Putin saw a vulnerability as a direct hit to the White House and an Oval Office
under Trump. But also remember “I Really Don’t Care Do U” was Melania’s motif operandi.
And Putin knows it, that he was had bad by our CIA and if that information gets
out to the citizens, well good luck at the voting booths. But it's rigged, so
the only way Russians can take back their own “Mother Land” is for a coup. And
when ARMY’s are mobilized, that is when the opportunity exists, for a New
Russia in this February Revolution!
The old world must be destroyed,
Tear it down all the way to its root!
We do not need the golden idol,
We detest the royal palace!
We will help our suffering brothers,
We will feed the hungry!
We curse our enemies for their wicked deeds,
We will fight them together!
Refrain:
Arise, awake working people!
Charge the enemy hungry brother!
Cry out the vengeance of the people,
Forward! Forward! Forward! Forward! Forward!
The rich fists of the greedy pack
They steal your hard work.
Gluttons grow fat with yours,
They're tearing your last piece.
Starve so they feast
Starve so that in the stock market game
They sold conscience and honor,
So that they scoff at you.
(Refrain)
Rest for you is only a grave.
Prepare arrears all your life.
The vampire king pulls the veins out of you,
The vampire king drinks the people's blood.
He needs soldiers for the army -
Give him sons.
He needs feasts and chambers -
Give him your blood.
(Refrain)
Do you still want to be oppressed?
Arise, all brothers across the country at once!
From the Dnieper to the White Sea,
And the Volga, to the Caucasus!
The thieves, the dogs of the rich,
And the evil Tsar!
Bring them all down!
Light up the dawn of a better life!
(Refrain)
The rise of the red dawn,
The sun of truth and brotherly love!
Although we pay a terrible price,
With our blood for the happiness of the land!
And for our rightful freedoms,
The evil will vanish forever!
We will unite as one,
In the realm of sacred labor!
(Refrain)
Hail to our working brothers & sisters in Russia - We
Are With You this February Revolution!
From America with Love, just ask Melania!
Saturday, February 12, 2022
Select Committee Vacancies
Dear BENNIE G. THOMPSON
“Chairman” and LIZ CHENEY “Vice Chair”, along with, ZOE LOFGREN,
ELAINE LURIA, ADAM SCHIFF, PETE AGUILAR, STEPHANIE
MURPHY, JAMIE RASKIN, ADAM KINZINGER as “Rank & File
Members” on the Select Committee Investigating the January 6th
“Domestic Terrorist Attack” on the United States Capitol, along with the
missing-in-action members in vacancy status;
There must be a hi-tech glitch
with the “Select Committee’s” web-site “Home” page, as under the subject
heading “hot-key” for “Funding Payments” the link is misguided, there are no
entries and instead it goes to a dissipation on some dissertation about the
subject matter of “part and parcel guilty”? “But you know, if you say you
haven't done anything wrong, but on the other hand, you want to assert the
Fifth Amendment in terms of self-prosecution, it says that you have something
to hide. So we're going to give him an opportunity to do it. He can do it and
it will be under oath and he is still subject to certain penalties should he
decide to not tell us anything. If he is saying, 'I'll come but I'll plead the
Fifth,' in some instances that says you are part and parcel guilty to what
occurred - Moreover, Mr. Chairman, your recent comments in regard to witness
that his assertion of 5th Amendment rights before the Select Committee is ‘tantamount
to an admission of guilt’ calls into question for us what we had hoped would be
the Select Committee’s commitment to fundamental fairness in dealing with
witnesses - Finally, you reference news accounts regarding another witness’s ‘assertion
of 5th Amendment rights before the Select Committee’ and claim that my comments
suggest that a witness’s assertion of 5th Amendment rights is “tantamount to an
admission of guilt.” That is not an accurate characterization of my position on
the 5th Amendment.” When at the same time Dylan was playing in the
background: “There must be some way out of here said the joker to the
thief”. I mean, it makes sense this “partly cloudy and chance of
meatballs”, like in that “part and parcel guilty” but still confused the joker
to the thief? What if there was issued a search warrant for that “parcel”?
Sounds like a drug raid and of course that could prove a recipient of illegal
contraband in “parcel guilty”, so why the back-tracking Mr. Chairman? But
whatever, it sounds serious as well as intimidating! Looking for $numbers$, not
some 1st semester law school undertaking argument. You said it was “part and
parcel guilty”, so in what “in some instances” were you talking about Mr.
Chairman? Hope it was not in the context of “please check your biases, implicit
and explicit wave of guilt”. Please fix so “We the People Proletariats” can see
wherein our hard-earned income in taxation is going with this investigation
into the “Domestic Terrorist Attack” on the U.S. Capitol. OK, that “hot-key” to
“Funding” still refuses to show up, so please for the sake of Transparency in Democracy
update by posting “all” to-date “vouchers signed by the chair of the Select
Committee” in accordance with H.Res.503 as in:
(f) Funding; Payments.—There shall be paid out of the
applicable accounts of the House of Representatives such sums as may be
necessary for the expenses of the Select Committee. Such payments shall be made
on vouchers signed by the chair of the Select Committee and approved in the
manner directed by the Committee on House Administration. Amounts made available
under this subsection shall be expended in accordance with regulations
prescribed by the Committee on House Administration.
This is important to “We the
People”, so please no hesitation in this request, as no doubt the evidence that
this “Committee” retrieves courtesy the funding by the U.S. Taxpayers will be
used against you in the court of law, with “respect to the institution” the
Thompson v. Trump lawsuit seeking a jury award in unspecified $punitive$ and $compensatory
damages$ for harm of “emotional distress” caused from the January 6th
“Domestic Terrorist Attack” on the U.S. Capitol. Too bad “We the People” could
not have joined in with that $money$ grabbing complaint, like the members of
Congress were allowed to do so. What preferential treatment? It should have
meant a class-action opportunity. And the way this “Committee’s” wherewithal is
on the slide, like with Meadows and Eastman and Trump lawsuits now into
mid-March more time extensions on the horizon, it is cause for even more
“Emotional Distress” as did not the original schedule of events call for
“Public Hearing” already started? Our tax dollars at work, while bridges in
dire-straits of repair falling down. The best medicine for “Emotional Distress”
is venting, sorry, but just like in that “part and parcel” outburst it works.
One last thing, when you post the “vouchers”, maybe a little insight into how
many “outside” lawyers this “Committee” retains and are now making a lucrative
living on the Taxpayers’ dime this “investigation” and its numerous relative lawsuits.
At last “part and parcel” count it was at least 8 just on the Eastman case
alone! Look, not that we are against this “investigation” in its merit, would
find not a more “Oh Happy Day” then to see Donald John Trump in an orange
jump-suit and cuff-links missing the links, it just seems like the “Committee”
in haste makes waste has engaged prematurely and it is back-firing in that
“time is of the essence”.
And may we Patriotic
Proletariats suggest that if Justice Nichols of the DC District Court finds in
favor of Mark Meadows, in Meadows v. Pelosi and the Members of the Select
Committee(1:21-cv-03217), that this “Committee” should be prepared to
inform “We the People” why it failed to address such a concern early on, so
that such a lawsuit could never be of consideration. It means the Chairman had close
to 5-months to make sure this kind of legal challenge could not pose a threat
that a Trump appointed judge could derail this “Committee’s” efforts, or at
least slow it down considerably to the point it may be impossible to gain favor
with “We the People” it is worth it still. That there could come a lower court decision
based on the fact the “Committee” has not officially convened because it falls
short of the language of House Resolution 503 - that which is specific in “The
Speaker shall appoint 13 Members to the Select Committee, 5 of whom shall be
appointed after consultation with the minority leader.” Shall, shall
may be the Meadows’ winning ticket! As to date there are only 9 members. And
there is no legal excuse that could amuse any reputable judge as “Any
vacancy in the Select Committee shall be filled in the same manner as the
original appointment.” Mr. Chairman, there’s Mr. Shall again! Vacancies
are supposed to be filled accordingly and the original resolution was not
amended to accommodate the existing “Committee’s” status of the “fewer”, as “No
Markup Of Legislation Permitted.—The Select Committee may not hold a markup of
legislation.” But by convening without a full posse, it rests its case as a
“Mark Up” mark my word Mark Meadows is finding his way around this “part and
parcel guilty” as it appears an abandonment of the principles of how
“Committee’s” are supposed to perform. Even the RNC in its “legitimate
political discourse” is calling out the Select Committee, that it is in violation
“through disregard of minority rights”. OK, maybe they meant a different kind
of minority rights! But just because the minority leader’s pick and choose of
candidates, as was allowed in that “shall” obligation, so unbecoming that it found
for a bad hair day for Nancy Pelosi, it is still not the way for the adults in
the nursery in how they are supposed to act! Good faith? Pelosi made an
agreement, it past the House with flying colors of blue then she reneged on it
and here we find this “Committee” today, a sitting duck in a Mark Meadows’
lawsuit. And thus the subpoena served on Mr. Meadows and the referral of
“Congressional Contempt” is then a moot point if Judge Nichols rules on the
merits of a “Select Committee” in diapers. When to date that obligation has not
yet been fulfilled, in honesty moving forward that Mr. Thompson make that mess-up
known about now, as it would be a sad day for Democracy if this be the case and
Mr. Meadows is successful in his litigation. And the real sad fact of the
matter, if Meadows prevails “We the People” will end up paying his legal costs
then some! Maybe the “Chairman” should start passing around the hat! By the
way, is it that Mark Meadows’ lawsuit you think may be why the DOJ has not
acted on this “Committee’s” referral holding this individual-of-interest in “criminal
contempt”? Just asking for a friend. And another thing, please don’t waste the Taxpayers’
hard-earned income through unnecessary non-obligation kumbaya “hearings” just
to make this “Committee” look good, as there exists no allowances for
“Hearings” in H.Res.503. It merely allows an investigation and a report turned
over to the House. Any “Public Hearings” would have to come after the report is
issued, and with only 30-days before the “Committee” must dismantle when that
report is delivered, it would be up to the House Speaker to schedule any
“Public Hearings”, not this “Select Committee”.
G.I. Crow & Beat Crow - Lousy Hat Solidarity Party of Proletariats