Below is my column in The Hill on new evidence released by the House Oversight Committee challenging the account of President Joe Biden and the White House on the discovery of classified material in various locations. If the earlier search included these classified documents, the new timeline will shatter the long-standing claims of the President.
Here is the column:
This month, the sudden appearance of Special Counsel Robert Hur caused as much of a stir as Bigfoot suddenly appearing on Pennsylvania Avenue.
Unlike his counterpart, Special Counsel Jack Smith, who has been aggressively prosecuting former president Donald Trump, Hur has virtually disappeared since his appointment to investigate President Joe Biden. Hur surfaced to interview Biden over his possession of classified documents, including some that go back to his time as a U.S. senator.
I have referred to Hur as a “neutron prosecutor” — a special counsel with no possible charge, under Justice Department policy barring the indictment of a sitting president. If that was not enough of a problem, Hur may have growing evidence that accounts offered by the White House over the discovery of the documents are false.
The new evidence could prove transformative, not only for the criminal but the impeachment investigation of the president.
This week, the House Oversight Committee released a new timeline on the discovery of classified documents in various locations associated with Biden. From the outset, many of us flagged problems with the account that had been given by Biden, who insisted that he had no knowledge or involvement in the removal or use of the documents.
The most glaring problem is that, after they were removed at the end of his term as vice president, the documents were repeatedly moved and divided up. Some were found in the Penn Center office used by Biden in Washington, D.C. Others were found in his garage and reportedly in his library.
Biden made clear from the beginning that he expected the investigation to be perfunctory and brief. He publicly declared that he has “no regrets” over his own conduct and told the public that the documents investigation would soon peter out when it determined that “there is no ‘there’ there.”
However, it appears that a critical claim by the White House in the scandal may not only be false, but was knowingly false at the time it was made. The White House and Biden’s counsel have long maintained that, as soon as documents were discovered in the D.C. office, they notified the national archives. Many asked why they did not call the FBI, but the White House has at least maintained that, unlike Trump, they took immediate action to notify authorities.
It now appears that this was not true. One of the closest aides to Biden and a close friend to Hunter Biden is Annie Tomasini. She referred to Hunter as her “brother” and signed off messages with “LY” or “love you.”
Tomasini was once a senior aide to Joe Biden and, according to the Oversight Committee, inspected the classified material on March 18, 2021, two months after Biden took office — nearly 20 months before they were said to be found by the Biden team.
The committee now alleges that the White House “omitted months of communications, planning, and coordinating among multiple White House officials, [Kathy] Chung, Penn Biden Center employees, and President Biden’s personal attorneys to retrieve the boxes containing classified materials. The timeline also omitted multiple visits from at least five White House employees, including Dana Remus, Anthony Bernal, Ashley Williams, Annie Tomasini, and an unknown staffer.”
If true, the evidence demolishes the timeline long maintained by the Biden team. That could have an immediate impact on both the criminal and impeachment investigations.
The timeline has been a critical distinction drawn by the White House in distinguishing this matter from the Trump indictment, in which Smith charged the former president with 37 counts, including retaining classified information, obstructing justice and making false statements, and other charges.
Biden insisted that he was entirely “surprised” by the discovery of the documents in Nov. 2022. He echoed the narrative of both his lawyers and the media at large: “And they did what they should have done,” he said. “They immediately called the Archives — immediately called the Archives, turned them over to the Archives, and I was briefed about this discovery.”
In reality, Biden’s counsel and associates conducted repeated searches and declared repeatedly that no further classified documents were found. That was repeatedly found to be untrue.
Moreover, the concern is that Biden’s lawyers, in the course of these private searches, may have consolidated material and contaminated the scene by the time FBI agents conducted their searches. This includes changing how documents were originally stored and whether classified markings were visible to anyone working around the Biden home or garage.
Now it appears that the discovery may have had actually occurred months earlier. The timeline would now more closely mirror Trump’s timeline in the knowing retention of classified material, the failure to turn over all of the classified material despite assurances from counsel, and alleged false accounts about the document’s discovery.
It is not clear what Hur can do if he finds either from witnesses or forensic testing (including perhaps fingerprints on the documents) that President Biden lied.
I have long disagreed with the policy that the Justice Department has long held, that prosecutors should not indict a sitting president. Were he to seek an indictment, Hur would have to ask for reconsideration of the policy based on a decades-old memo issued by the Office of Legal Counsel under President Bill Clinton, who at the time faced calls for an indictment for perjury.
The DOJ policy will also put pressure on the House in its ongoing impeachment inquiry. In my recent testimony at the first Biden impeachment inquiry hearing, I mapped out four possible articles of impeachment. They included obstruction and abuse of power.
If this new timeline is accurate, the question is whether Biden knew that the account being put forward by his staff and counsel was false. It also raises the question of whether the president knowingly possessed classified documents and lied about their removal, use, and discovery. Finally, if Biden repeated his public denials to Hur, there could be added allegations of false statements to federal investigators, another commonly-charged federal crime.
We still have to see if there is evidence to support such crimes, but what is clear is that the past narrative may no longer suffice.
In his press conference announcing the criminal charges against Trump, Smith declared, “We have one set of laws in this country, and they apply to everyone….Nothing more, nothing less.”
The question for Hur is whether they can also apply to a sitting president. Likewise, if these allegations are true and Biden knowingly committed these crimes, the question for Congress could be whether he should remain as president.
Jonathan Turley is the J.B. and Maurice C. Shapiro Professor of Public Interest Law at the George Washington University Law School.
Meanwhile, Fake President Joetard is getting ready to go to Israel, because apparently things there aren’t messed up enough right now:
“Israel-Hamas war: Biden to visit Israel on Wednesday in show of support”
https://www.foxnews.com/politics/israel-hamas-war-biden-visit-wednesday-show-support
And “coincidentally,” 2000 troops are have been given the “be ready to deploy” order:
“US Department of Defense issues ‘be ready to deploy’ orders over weekend in response to Israel-Hamas war”
https://www.foxnews.com/politics/us-department-defense-issues-ready-deploy-orders-over-weekend-response-israel-hamas
The only question now is whether the script that they’ll all be following was written in the Pentagon or Hollywood.
Or, as the film Wag the Dog illustrated, both the Pentagon and Hollywood together.
Poor Anon.
He’s going to Israel on his way to East Palestine, OH like he promised he would.
Didn’t he promise not to F#$k with fracking ?
Didn’t he promise that Hunter’s laptop was russian disinformation ?
Didn’t he promise that he had nothing to do with his sons business ?
Didn’t he promise to work with republicans ?
Didn’t he promise that he would do better with Covid – and then kill almost 3 times as many people ?
Wasn’t he actively trying to force on people garbage that we not only now know does not work, but we know that the very people forcing it on us knew that when they were forcing it on us.
I can forgive you for being wrong. There is no forgiveness for F#$King with peoples rights for fun or politics.
Isn’t he still promising that “Bidenomics” is working – despite 20% inflation since he took office.
That is almost as much inflation in the past 3 years as the past 20.
Joe has made lots and lots of promises that he has not kept.
But more importantly he is a FAILURE.
Joe’s policies are a major contribution factor to the mess in Ukraine, to the mess in Israel,
It is interesting that while Obama was president – the mideast blew up – Libya, Egypt, Syrian, the Intafada,
And now with Biden as president the world is blowing up.
Yet, Trump is the only president since Ford not to involve the US in a new foreign entanglement.
In fact the world was peaceful under Trump – despite the efforts of left wing nuts to bring about chaos.
That is the difference between good policies and bad.
Between real experience and dementia.
Between Woke wing nuts and reality.
And now we have Biden – “Building a big beautiful wall”.
I do not care where Biden goes. Almost no one does. Biden does not seem to go anywhere without looking for oprtunities for personal profit from his public service.
We keep hearing idiotic claims about Trump – but the bribery, graft and corruption is in the Biden clan.
You left wing nuts are bat schiff.
Paul Manafort is no good guy, but he looks like an angel compared to the Biden clan.
Turley is now presenting the evidence – that many of us were aware of over a year ago – that Biden’s “I cooperated” defense to mishandling classified documnets defense is a complete load of malarkey. These docs did not get where they were by accident, they did not get moved several times by accident.
Further it is now established that Biden’s boston attornies were handling them – as well as WH attornies as much as 6 months before the MAL raid.
And now we find the very same intelligence officials that setup the collusion delusion were behind the Biden laptop scam – and unrepentant at that.
Again being wrong is forgiveable. Knowingly lying to people for personal and political gain is not.
And we have Hamas right now showing you idiots what an actual insurection looks like.
Hint it involves rockets and ak47’s and bombs.
It involves thousands dead, and aparently beheading and burning babies – not quietly marching through the capitol.
It involves handgrenades in tanks. Not being escorted through the capitol peacefully by the capitol police.
One of these things is different – J6ers, BLM protestors, Antifa, Hezbola and Hammas. Most of us can tell that it is J6ers that are different.
The left is a gigantic failure – both in concrete factual terms – your values – to the extent you have them do not work, and cause very real harm to those you force them on. But equally important you are a massive moral failure. You have no clue what is right and what is wrong.
“Beware of false prophets, who come to you in sheep’s clothing, but inwardly they are ravenous wolves. You will know them by their fruits. Do men gather grapes from thornbushes or figs from thistles? Even so, every good tree bears good fruit, but a bad tree bears bad fruit. A good tree cannot bear bad fruit, nor can a bad tree bear good fruit. Every tree that does not bear good fruit is cut down and thrown into the fire. Therefore by their fruits you will know them.”
The fruit of the left is poison.
OT:
Another George Soros DA is being targeted by black voters for removal. Violent Crime has soared in Alameda County, and the black leaders including local NAACP have voiced their disgust with the George Soros funded DA being soft on crime.
Democrats = soaring Violent Crime
Save Alameda For Everyone (SAFE) is a committee formed to recall DA Pamela Price. It is composed of former Alameda County prosecutors, victims and victims’ families, community activists, and everyday residents of Alameda County. Our two principal officers are Brenda Grisham, the mother of a homicide victim, and Carl Chan, a community organizer and public safety advocate.
We are unified in our belief that recalling Alameda County District Attorney Pamela Price is not only necessary, but critical to keeping our community safe and restoring public safety in our neighborhoods.
https://recallpamelaprice.org/
‘May’ destroy? Yes. Will he suffer any consequences? No. That this idiot has the audacity to talk about world peace after Afghanistan, which would be one of a thousand transgressions, is about the biggest gob of spit that could be spat in our faces. Blatantly and unabashedly. Disgusting, revolting, are the only words left for the modern left, all of them. Spare us. But he won’t pay, not at all, and never, none of them will. Think about that next time you vote if you have a shred of conscience remaining. Regimes only like their useful idiots as long as they remain useful.
Will he suffer any consequences?
He is suffering immensely on a medical, cellular level. The average person would age exponentially in serving as US President. We see this in all US Presidents, from when they take the oath to when they depart. With Biden’s neurophysiology decaying by virtue of usual dementia processes, the added stress of the Office makes things far worse. Add to these his “Biden Brand” deterioration, Hunter’s boatload of legal and personal problems, Jill likely screwing the Secret Service men while using Joe as a “brand”, it would be surprising if Joe could cognitively perform dressing himself today, never mind in 2024. Joe is hanging on by a whimper.
Didn’t happen to Trump.
Biden is already so decrepit it’s going to be hard to tell. They’ll just do another face lift and eyelid tuck and ear pinning and then use active AI nVidia server to fix the mobsters goblin on the fly.
James,
What concerns me is to what level of “Never let a good crisis go to waste,” will he take as an excuse to get the BCF out of the news and jump the US both feet first into WWIII.
Jonathan: They say history repeats it self. First as tragedy, the second as farce. DJT has certainly turned his civil fraud case in NY before Judge Engoron into a farce. DJT’s attorneys have pretty much conceded they will lose the case. The facts and evidence are overwhelming. So their strategy, if you can it that, is create a circus–contesting every bit of evidence and asking witnesses the same Qs over and over again. At one point Judge Engoron had to admonish DJT’s legal team: “Trials are…not an opportunity to relitigate what I’ve already decided…that’s why we have appeals”.
It’s obvious what DJT is up to–to try to build a record for appeal after conviction. But most legal experts think the chances of being successful on appeal are slim to none. So barring some major gaffe by Letitia James(not likely) or goading Judge Engoron into making a major error in one of his rulings, DJT’s goose is cooked.
But it appears DJT will be back in Judge Engoron’s courtroom this week. DJT will scowl at the Judge and at breaks will stand outside the courtroom and go on with his Machiavellian drama. He will throw tantrums of rage about how is is being “persecuted”. It will all be theatrics to appeal to the MAGA crowd who DJT hopes will send him more money. It will Barnum & Bailey without the lions.
By the end of this year, maybe sooner, DJT will have lost his Crown and his empire. But then DJT’s real legal troubles begin. He is facing his first criminal trial before Judge Chutkan in early March. If convicted he would be the first convicted felon to be running for President. Not exactly something you would want on your presidential resume! The Q for all the MAGA followers on this blog. What do you have to crow about?
“So barring some major gaffe by Letitia James (not likely)”
Not likely? haha….she’s an utter disgrace….
SHE should be prosecuted and then disbarred….
All of these corrupt prosecutors, lawyers and judges should be disbarred.
Why are you defending these lawless psychopaths, Dennis?
Why do you defend Biden’s brazenly weaponized DOJ?
You prefer living in Biden’s 3rd world banana republic h*llhole?
You prefer this worldwide chaos and instability caused by Biden’s utter incompetence?
Show us on the doll where Trump hurt you, dEnniS
Dennis, Do you know how many Nobel Peace Prize nominations President Trump received for his extraordinary efforts that achieved structural peace in the Middle East?
Dennis, Do you know that most Americans felt prosperity and peace during Trump’s four years in office?
Dennis, Do you know that almost no one feels safe, let alone prosperity or peace, in this Biden regime?
*under this Biden regime….no one feels safe…
the criminals are *in* the Biden regime…causing the chaos and lawlessness…aided and abetted by the Fake News media.
Of course Trump will lose at trial – we have an incredibly biased judge and a likely biased jury.
But this one is far worse than the rest – THERE IS NO CRIME.
Anyone is free to claim any value for anything they own.
The ONLY price for anything is what a willing buyer and a willing sellor agree to – Everything else is pure speculation.
That is actually a foundational principle of economics. It is also why socialism fails – because it has no price discovery mechanism.
This never should have entered a court room.
There is no crime, there is no victim, there is no harm, there is no fraud.
There is a legal aphorism that would apply here – “caveat emptor” – buyer beware, the gist of which is that the responsiblity to do “due dilligence” rests with the BUYER.
One of my jobs is working for banks assessing commercial properties that are being bought, sold or refinanced.
NEVER EVER does a bank take the word of the owners as to the value.
I have also given banks and insurance companies values for my own properties – They IGNORE ME.
Have you never insured your home ? Do you pay property taxes ? Have you ever bought or sold or refinanced a home ?
Clearly NOT – because if you had you would KNOW that You have ZERO voice in the valuation of your property.
It is quite litterally impossible to commit fraud by claiming a bogus value for your property.
And just to ice the cake – it appears that the court is making claims regarding property values that are batschiff crazy.
Of Course Trump is going to lose in court – because there are way too many idiots like you
On the bench
in DA’s offices,
and on juries.
dhlii: First, you are misinformed. The case in NY is not a jury trial. It is a bench trial before Judge Engoron. Second, with your banking experience you know that if you or I apply for a loan on our homes we go through a rigorous process. I can’t claim my home is 5,000 sq. ft. when it actually only 2,500 sq. ft. The bank’s appraiser knows every detail about my home, e.g., the sq. footage, the number of bedrooms and baths, any improvements and the value of similar properties in the neighborhood. We can’t hide anything.
The problem in DJT’s case is that when he went to Deutsche Bank, for example, he went through a different loan process. His loan application went to a different department of the bank that services the ultra wealthy and they based their loan on DJT’s net worth. This made his doctored numbers and insanely inaccurate certifications about his financial condition less important. That’s how he got favorable loan rates. You or I would not get the same favorable treatment. The rules that apply to the rich and famous don’t apply to us.
One of the defenses DJT is using in the Letitia James case is that no one was “injured”. The banks got their money bank. Several problems with that defense. First, banks have a finite money to lend. If they give a lot of money to DJT, based on fraudulent valuations of his properties, that deprives other smaller applicants of getting loans. Second, under NY law if you lie to get loans that is fraud–a crime.
On your final point, most legal experts, and even DJT’s lawyers, concede that DJT is going to lose. He will appeal immediately. DJT also claims Judge Engoron is “biased” against him, as you do. I seriously doubt Judge Engoron’s decision will be reversed–not based on the record of consistent fraud in DJT’s valuation of his properties. When the Appeals Court rules we can discuss further.
Dennis — tell us, specifically, what do YOU have to crow about? Name one thing about Biden, name one policy, anything at all in this grotesque Biden presidency that you would like to crow about.
The problem is that the law doesn’t proscribe the conduct of which there is overwhelming evidence.
In your case it repeats as pure tedium.
Hard to believe in “new evidence” or how far all this will go. Current events in our country and the world surrounds us like a pack of wolves, but we must survive, somehow w/o an alpha male anywhere to be seen or heard.
Will Biden even need a defense with a lawless DOJ?
Turley and the phony “poll” he cites does not draw a distinction between “unethical” and “illegal”–but the law does. Something is “illegal” if it violates the law. To prove someone guilty of doing something “illegal”, evidence beyond a reasonable doubt is required by the Constitution. There is no such evidence, so why do Turley and his employer pretend there is?
Then, there’s “unethical”, which the Oxford Dictionary defines as : “not morally correct.” WHAT has JOE Biden done that is NOT “morally correct”? Turley keeps harping about a “Biden Crime Family” and implies, without any concrete evidence, that JOE Biden has engaged in either immoral or unethical conduct, it, itself, immoral. Turley knows the difference between immoral and illegal, but isn’t paid to distinguish between the two–it’s not on the assignment list. Turley is paid to smear Joe Biden, despite knowing that no evidence of illegal or immoral conduct has been produced to date. For a “law professor” to do this is unethical, IMHO.
“Three things cannot be long hidden: the sun, the moon, and the truth.” Buddha
File that under “things Joetard never considered when he launched his half-century of lawlessness.”
Any thoughts on when charges will be brought against Rep. Jamal Bowman?
He’s the one who conspired to disrupt an official proceeding of Congress by pulling the fire alarm.
That is a crime.
What is the delay in charging and prosecuting Rep. Bowman?
The delay is that he is a Demorat and as such will get away with everything. So sick of the Whitney RINOS who don’t have the gumption or will to prosecute any Demorats. The RINOS side with the Demorats even against members of their own party. The RINOS and the Demorats just want to prosecute President Trump. Sick of the whole thing!! Get off your behinds and do your job!!
You know what’s unethical?
Weaponizing the federal government against your political enemies.
Gigi – why did foreign governments, or foreign principals, pay the BCF over $20m?
Bribery. It’s called the highest crime of bribery.
It is instantly obvious to anyone. And backed up by mountains of evidence.
Biden is a criminal. His entire family are criminals and degenerates.
Rudy Giuliani said it from the start and he was correct.
Every member of Biden family has received millions from China
and millions more in bribes from other hostile foreign powers.
Biden is a traitor to this country, and has been running this racket for years.
Why has he not been impeached already? Biden is obviously working for China’s interests over ours.
Joe Biden cannot remain in the White House.
He is destroying this country — intentionally — on behalf of China and our enemies.
Why are Republicans allowing this to drag out?
It is political malpractice to not have already IMPEACHED this traitor.
Nancy Pelosi and her lying criminal thugs in the Democrat party would have impeached him ten times over already with FABRICATED evidence – just like she did to Trump!
Really ?
Illegal does mean something.
and unethical means something too.
And CLEARLY you are clueless regarding the meaning of both.
There should be absolutely ZERO doubt that the Biden clan profited enormously by selling public power.
There is nothing that is more fundamentally illegal and immoral.
You rant constantly about Trump – but every single allegation against Trump requires warping the law completely out of shape.
With Biden this is simple:
He has lied – Big Bold Lies, REPEATEDLY – that is immoral. That is unethical.
He lied to YOU – not me – I never beleived a word he has said.
And YOU are still deceived.
He and his family have profited by selling public office – that is Illegal.
What you think Hunter was selling shower curtain rings ?
It has always been evident that Biden has been playing fast and loose with classified documents for a long time – and the claim that he cooperated when caught is pretty much down the tubes at this point too.
Frankly, except for his stealing classified docs as a senator – I would be ok with letting him off the hook mostly.
I am pretty sure you could find classified documents in Al Gores homes and Dick Chenney’s – and we all know that Pence and Biden had them.
It is actually pretty normal for ex-vp’s to have classified docs.
It is even more normal for ex-presidents to have classified docs.
And in fact Judge Amy Berman Jackson has said that not only is that normal, but it is legal and constitutional – for ex-presidents.
It is probably NORMAL for ex-vps. It is not however legal or constitutional as it is for ex-presidents.
We already know Bill Clinton has classified docs. How much do you want to Bet Obama does.
We also KNOW that OBAM played incredibly fast and loose – with the PRA that you are trying to hang Trump with.
Problem is that if the PRA means what you claim – then Bill Clinton is a criminal – and likely Obama too, and certainly Biden.
And if it means what you say – it is also unconstitutional.
Time warp
Still a classic.
“You can never go wrong when you start with Captain Kirk and end with Mr. Peabody.” — Winston Churchill
Ah, Winnie. He was so often right. We’d do better to listen to him today. And I bet John Cleese would like it too.
THE POWER – UTTERLY, CATEGORICALLY AND EXCLUSIVELY
_________________________________________________________________
Article II, Section 1
The executive Power shall be vested in a President of the United States of America.
_________________________________________________________________________________________
The President alone wields the executive branch power of classification, declassification and archiving of materials.
The legislative branch has no legal basis to usurp any aspect, facet or degree of the power of the executive branch.
No legislation usurping the power of the executive branch is constitutional.
No legislation usurping the power of the executive branch to classify, declassify and archive material is constitutional.
_____________________________________________________________________________________________________________________________
Vice President Joe Biden never had any power over classified material.
Ineligible Barack Hussein “Barry Soetoro” (statue in Jakarta, Indonesian by H.S. application) Obama manipulated the eminently obtuse, Joe Biden.
President Donald Trump had the sole immutable power to classify, declassify, dispose of, and archive materials, per the clear meaning and intent of the Constitution.
A man goes to prison and the first night while he’s laying in bed contemplating his situation, he hears someone yell out, “44!” Followed by laughter from the other prisoners.
He thought that was pretty odd, then he heard someone else yell out, “72!” Followed by even more laughter.
“What’s going on?” he asked his cellmate.
“Well, we’ve all heard every joke so many times, we’ve given them each a number to make it easier.”
“Oh,” he says, “can I try?”
“Sure, go ahead.”
So, he yells out “102!” and the place is dead quiet save for a few groans. Confused, he looks at his cellmate who is just shaking his head.
“Hey, what happened?”
“Well, some people can tell a joke, some people can’t.”
—————-
George, Your comments are so repetitive that they should be assigned numbers. None are funny, though you’re a joke.
My dad always gave the punchline as “he don’t tell it right,” but LOL, and thanks for the reminiscence you inspired.
Wait! Are you one of those mature gentlemen who used to patronize Obama in his high school years, according to the accounts of his classmates?
Thanks for reading…again…and again…and again.
And, oh, by the way, you’re not repetitive in the least.
And how ’bout that sun; it keeps on comin’ up, day in day out, while you go to bed every night and wake up just to bother people every single day, over and over and over again; are you tired of that yet?
Dang! You are so right and you are so bright, for a dimwit.
I’m certain your particular contributions will go down in the replete anals of blog history.
George
This goes even further.
Congress can not make law that binds future congresses in the way they are allowed to act.
One of the huge problems with the whole “insurrection” nonsense, is this idiotic debate over what is legitimate congressional process to bless an election.
The answer is trivial – the constitution dictates that congress can make its own rules.
And that congress while acting as congress is immune from prosecution for pretty much anything.
While it was highly unlikely that Congress was going to give Trump what he wanted on January 6th, there is ZERO debate that congress had the power to do so or pretty much anything else that they wanted regarding the election. That is what the constitution says.
The election act that was in effect neither was offended by what Trump sought, nor was constitutional.
The election act that Pelosi recently passed is equally toothless with respect to future congresses.
While VP Pence is free to choose to not do what Trump allegedly asked. There is pretty much nothing Trump could have asked Pence to do that would have been actually unconstitutional.
Because congress can do whatever it pleases.
This is much the same as your assertion regarding executive powers.
Presidents issue executive orders – which have the power of Law – with respect to the business of the executive branch of government (the president can not by executive order make laws binding on ordinary people, just as congress can not alone do so).
But executive orders do not bind either current or future presidents.
Nor do congressional laws regarding the conduct of congress bind current or future congresses.
Off topic: The judge in the DC USA v Trump case is in the process of issuing a gag order against Trump, although the Order itself is not yet docketed at this time:
Oct 16, 2023
Minute Entry for proceedings held before Judge Tanya S. Chutkan: Motion Hearing as to DONALD J. TRUMP held on 10/16/2023 re 57 Motion to Ensure that Extrajudicial Statements Do Not Prejudice These Proceedings. Order forthcoming. Bond Status of Defendant: appearance waived, remains on personal recognizance; Court Reporter: Bryan Wayne; Defense Attorneys: John F. Lauro and Todd Blanche; US Attorneys: Molly G. Gaston and Thomas Windom.
https://www.courtlistener.com/docket/67656604/united-states-v-trump/
Meanwhile, Trump has responded via spokesperson:
https://twitter.com/realLizUSA/status/1713974242557984879?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1713974242557984879%7Ctwgr%5E5bc59777b39304c04b9486c36fd001b7655369fc%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.thegatewaypundit.com%2F2023%2F10%2Ftrump-responds-judge-chutkans-gag-order%2F
I suspect that the Trump campaign will easily figure out a way to get their message out and use this fraudulent gag order as the exclamation point.
Can this order be appealed now?
I’ve been discussing that with someone, and I’m not sure, but I think — keyword: THINK — that if a case can be argued that the gag order constitutes election interference, then yes, because waiting for the case to be settled in order to appeal would definitely constitute election interference and a grave miscarriage of justice.
Plus, Joetard’s DOJ hasn’t had any trouble illegally leaking information to the public, so there’s no question about gagging Trump creating an advantage to Joetard. That, and free speech, would be two primary issues to argue to the Court of Appeals.
This could all be avoided by postponing the trial until AFTER the election, and the fact that Joetard’s DOJ opposes that is still more reason to treat this as election interference.
Yes, and he said he will, but I doubt he’ll win.
“Donald Trump has been issued a limited gag order … prohibiting him from making public statements attacking prosecutors, court staff and potential trial witnesses. The former president was not prohibited from generally disparaging the Biden administration, the US justice department and the trial venue of Washington DC, and will continue to be allowed to allege that the case was politically motivated.”
https://www.theguardian.com/us-news/2023/oct/16/donald-trump-trial-court-gag-order-2020-election
I think he will win. This is not an ordinary criminal trial, given the context. To prevent the leading opposition political candidate from criticising those pursuing him on the basis that the prosecution is political is a gross violation of the most basic principles of free speech. The possibility of interference with the integrity of the trial is speculative while the impairment of political speech is certain.
He’s free to criticize the DOJ.
I think he would win in the Supreme Court, and would win in a lower Court of Appeals in many other jurisdictions, but the DC Court of Appeals is as funky as the judge of the trial court. Hopefully this will blow through the DC Court of Appeals quickly and get to the Supreme Court a.s.a.p.
As of 3:44pm eastern time, the Order has not yet been posted on the docket, so I don’t know where The Guardian is getting its information, since the Order may change from whatever the judge might have said in Court.
Hugo Lowell was in the courtroom and based his article on what Judge Chutkan said there. The transcript is now available on PACER. The order has yet to be posted.
I appreciate that information, but I still say that the content of the Order could have issues added or subtracted compared with what the judge said in court. I’ve seen that happen before with my own court cases and have no reason to think that it couldn’t also happen here.
Why does this feel like deja vu?
FREEDOM OF SPEECH
Judges and Justices swear an oath to support the Constitution.
This affirmative-action-project “fake” “judge” has no power to arbitrarily amend the Constitution, just as her chief instigator and tribal chief, the anti-American, “communisty organizer” (i.e. sole accomplishment) and treasonously subversive “fundamental transformer,” the wholly ineligible son of an anti-American, anti-colonialist foreign citizen, Barack “Barry Soetoro” Obama, had no power to impose the completely unconstitutional Obamacare (where the —- was the Supreme Court when it must have been exercising its power of judicial review?).
__________________________________________________________________________________________________________________________________________________________________________________________________
1st Amendment
Congress shall make no law…abridging the freedom of speech….
ALL AFFIRMATIVE ACTION MUST BE ELIMINATED
_____________________________________________________
“John Roberts doesn’t want race to matter as he ends affirmative action for college admission programs”
As he began reading excerpts of his decision eviscerating college affirmative action, in a hushed courtroom Thursday, Chief Justice John Roberts delivered on a singular long-held goal.
– CNN
________
“Racial classifications are simply too pernicious.”
“The way to stop discrimination on the basis of race is to stop discriminating based on race.”
“It is a sordid business, this divvying us up by race.”
– Chief Justice John Roberts
_______________________________
WELL, DUUUUUH!!!
“Congress shall make no law …”
Thing is, this isn’t a law and it wasn’t made by Congress — it’s an edict issued by a judge in a different branch of government. I think judges do have the power to issue idicts necesssary to administer justice in their courtrooms, because those edicts usually only influence matters within their own courtrooms But in my opinion this edict should be struck down because its far-greater influence is on the coming election and matters outside the judge’s courtroom.
I wish your other posts were this brief. With editing and an effort to stick to the point, I think you’d get more upvotes.
I think judges do have the power to issue idicts necesssary to administer justice in their courtrooms,
Not idicts violating protected rights. The problem with this idict, any violation of the gag order against a candidate running for office is wholly subjectice at the whim of the Judge, exhibiting political bias
Sanction this judge and then prosecute HER.
Our 1A rights do not stop because a corrupt lefty judge who is drunk on power says so.
She is wrong and she is clearly abusing her power.
Keep talking candidate Trump!
Make them throw you in jail.
That will fully expose the Soviet-style corruption of these anti-Democratic, authoritarian, Marxist POS judges.
God help us all.
These Obama judges should be no where near power over anyone, ever. POS commies.
If a criminal defendant, any criminal defendant, is getting railroaded by the government, and a corrupt judge orders a gag on said defendant to not be able to speak against the government he believes is railroading him, does this defendant still live in the Unted States of America?
No.
Welcome to Biden’s America.
Welcome to the Demokkkrat Party’s America.
They hate everything this country stands for.
THEY are the ones upending the very “democracy” they purport to be “protecting.”
They are DESTROYING our Democracy, our Constitution, the Rule of Law, trampling our rights….
and like Chutkan who is salivating and delighting in her power to punish Trump whom she despises,
the Democrat Party, which is full of America-hating Marxists, are relishing its destruction.
It is hillarious that left wing nuts totalitarians think that the right is a danger to the country and democracy.
While this country is NOT a democracy – these people are as anti-democratic and totalitarian as is possible.
The fundimental difference between Stalin or Mao or Xi or Hitler and modern leftists is that the former were both fascist and nationalist.
The left is about as anti-nationalist as you can get.
Musollini described fascism as
Everything in the state
nothing outside the state.
nothing against the state.
That fits the modern left perfectly.
And if you want to know what an actual insurrection looks like – take a look at Israel right now.
Turns out that there really are Obama judges.
What I am hoping from alot of the Trump cases is that as judges have gone FAR TO FAR that SCOTUS will reign them in.
No judge should ever have the power to control the speach of Any defendant in any court case of any kind.
Defendants should be free to malign the judge, the justice system, the courts, the prosecutor, the police, howl at the moon if they wish.
It is called free speech and it is near absolute. But it is especially protected when defendants are protesting their innocence or claiming malfeasance on the part of the system. And extra specially protected when the speech is political.
I am hopeful that gagging Trump may be egregious enough to get SCOTUS to grasp that the power of courts prior to a final judgement ends at the doors of the court room.
And NO, Sorry, the interest of the state in justice or anything else do not EVER trump free speech.
Frankly, I beleive that defendants in a court room should have the absolute right to free speech to put on any defense they choose – and the courts stupidly do not accept that.
Judges are terrified that some criminal defendant will put on the “twinkie” defense and dupe juries.
Defendants should be allowed to present whatever defense they wish – including justification defenses, and bat schiff crazy defenses.
Do you really think that a terrorist saying that killing civilians is justified by Allah is going to fly in court ?
The gag order is now out: https://www.courtlistener.com/docket/67656604/105/united-states-v-trump/
The heart of it:
it is hereby ORDERED that:
All interested parties in this matter, including the parties and
their counsel, are prohibited from making any public statements,
or directing others to make any public statements, that target
(1) the Special Counsel prosecuting this case or his staff;
(2) defense counsel or their staff; (3) any of this court’s staff or
other supporting personnel; or (4) any reasonably foreseeable
witness or the substance of their testimony.
This Order shall not be construed to prohibit Defendant from making statements criticizing the government generally, including the current administration or the Department of Justice; statements asserting that Defendant is innocent of the charges against him, or that his prosecution is politically motivated; or statements criticizing the campaign platforms or policies of Defendant’s current political rivals, such as former Vice President Pence.
Contrary to you and Daniel, I expect this to survive an appeal.
LMAO ” I shall not be criticized !!!!” IT IS HEREBY ORDERED !
This is literally pathetic. A corrupt piece of crap whose estrogen markers abrogate the rights of Americans and the 1st amendment.
This is absolutely corrupt on it’s face.
The more corrupt the judge the courts and the prosecution the more often they need to do crap like this.
It cant be appealed till its enforced.
Lets see of the judge is stupid enough to throw this up to SCOTUS if need be.
Trump cant go after Pence. A rival running for election. Free speech is a real thing, Political speech even more so.
Joseph Biden, like Jill and Hunter, will show no remorse, no regret, no admission to change his lying ways.
I have discussed on this forum many times the incidence of personality disorders in America, namely the Dark Triad: Machiavellianism, sub-clinical narcissism, and psychopathy. Dr Jordan Peterson was asked recently by the UK Telegraph to diagnose Canadian society and its political leaders. Much of what he stated is applicable to the US, Joseph Biden and his Administration but particularly the Left’s psychopathy, defined as being a predatory parasite. Touché
….temperamentally incapable of any gesture or any word that was actually genuine and that’s a consequence of long practice. I think he’s at least narcissistic at minimum and I think he’s enabled by the useful idiots of the liberal left
Trump is the poster child for the Dark Triad, aka malignant narcissism.
So, anti-communists are bad?
Notice how many “mays” and other qualifiers are in today’s Turley Biden attack piece, which proves that the things he is claiming are not based on actual fact? Of course, the disciples don’t notice or care–they take as gospel the things Turley is claiming. Using hedge words gives Turley an out when the things he’s trying to prove turn out not to be true. Notice that the source of his information is Republicans? Here’s one very crucial difference: Biden didn’t deliberately STEAL classified documents AFTER being told not to take them. He never claimed they were HIS property, or that mere possession of them constituted “mental declassification”. He never flashed them around to show off to young, female staffers or to Russians. He never disclosed contents of classified documents to Russians, the result of which may have been to help Hamas, because Russia is an ally of Iran and Syria and the information Trump disclosed would be helpful. Biden never refused to return them. Biden never lied about returning documents or forced the NARA to get a search warrant, and then fundraised over it. THAT’s only all the difference in the world when it comes to criminal liability.
Today’s piece fits into the Turley assignment list: defend Trump by attacking Biden, especialy since Biden’s stature is respected all over the world due to his genuine empathy and leadership. Another example of Turley’s “advocacy journalism” that he accuses mainstream media of being guilty of. Turley is charged with smearing Biden as a criminal and liar–all to defend the biggest criminal and liar around–Donald Trump.
Turley writes to the unmoored alternative reality crowd for a reason, it pays well, and it’s what they what to hear.
You really are just a little girl, aren’t ya, fishy?
NUTCHACHACHA,
READOVER COUNTRY.
A forth grader taught gigi a new word. ‘qualifier’. Now if the kid would teach her context, we all would appreciate the effort.
I would be interested to know how our justice system differs from that of say Peru? Or Guadalajara?
Speakup, that’s easy
The United States Justice system is terrible. It is however, the best Justice System in existence.
C’mon Turley,
Everyone knows that its not a lie… the attorneys merely misspoke!
-G
It was a reply to Anonymous says: October 16, 2023 at 11:52 AM
Joe may have. But my only point is to get these stooges to sing by threatening them with charges that the current DOJ is already using on others with a very much less obvious connection to espionage. And sing they will….
Dr. Turley, I appreciate your reporting. Nevertheless reading your reports is rubbing salt in a wound for me. Regardless of the evidence, the current DOJ will never charge Biden with anything. End result, I just feel more discouraged and angry.
Being angry and having rage is what Turley and right-wing media do, and do well.
Hamas is looking for their favorite idiot. Seems they miss your unintelligible rants, which could come in handy to scare women and children
The question begs…was Hunter selling these documents to support his drug habit? As a police officer, I have known drug addicts to beg, borrow and steal, even from loved ones, to support their habits.
Is NATO in the Constitution?
Are food stamps in the Constitution?
Is Medicare in the Constitution?
Is providing tax exempt status in the Constitution?
If you are going to preface all situations with ‘is it in the Constitution?’ you not only have your life’s work cut out for you, but you risk the question of ‘why you are just putting this question forth now and under these circumstances?’.
“Is saving Israel worth the destruction of the U.S. in World War III?”
Why do you stop there and why have you not asked the following before IF you are truly concerned?
Is Joe Biden financially assisting Iran and the PLO worth WWIII?
Is Joe Biden providing terrorist havens and weapons worth WWIII?
Is Joe Biden weakening the US military and providing support and encouragement to US foes worth WWIII?
Just sayin’ you are not only in the wrong section for this comment but your comment is staged and betrays more of an agenda than a concern.
National security is in the constitution.
As to the rest – it WAS fought, and lost, but many things that were fought and lost were fought again and ultimately won.
Your argument is fallacy.
Slavery was legal and constitutional and now it is not.
I will go one step further – while the constitution is important. It is NOT the word of god.
The constitution reflects our understanding of fundimental principles of self governance at the time each part was written.
What is ultimately important is that we get things right. And there is such a thing as right.
Not only that but you can arrive at it utilitarian – that which actually works best, and through fundimental principles – such as that free will is the distincguishing and fundimental attribute of humans.
Or put differently the advocates of limited government are right – whether the constitution is interpreted in their favor or not, and whether it is followed or not,
because all other choices are immoral, and because all other choices are on net harmful.
The evidence that government can not deliver any of the things that you offered for less than 3 times the cost to provide them privately is DAMNING.
When we are FORCED pay too much for something through government that harms EVERYONE.
While that is not always easy for people to understand – it should be very clear today with the examples of Covid and also inflation.
In the past 3 years the price level has risen 20% – that means we ALL and especially the least well off can not afford things we could be before.
And that damage is permanent. Even if we manage to reign in inflation – so far we have only slowed it, it will take a decade for wages to catch up entirely with other prices. The financial damge to people in the meantime will never be recouped.
As to Covid – I can not think of a more perfect example of government being completely wrong about EVERYTHING,
At great cost to all of us.
Just because something is a particular bad way today does not mean we are required to preserve that error.
I’m still waiting to see pictures of those documents scattered across the floor…
The clear path:
Investigate and indict “Dana Remus, Anthony Bernal, Ashley Williams, Annie Tomasini, and an unknown staffer.” under the Espionage Act and let the evidence flush out Joe. (or clear him…ROTFLMAO!)
Joetard may have already incriminated himself in crimes of Falsification, Perjury, Tampering with Evidence, and/or Obstruction. The usual way that federal investigations proceed is to interview everyone else before interviewing the target, which is obviously Joetard. So Joetard may have already lied to the Special Counsel or his investigators, and certainly DID lie if he repeated to a criminal investigator the nonsense he’s said in public.
Biden can not be convicted. He is not competent to stand trial.