GOTCHA!!
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Trump and the Department of Justice
By Andrew P. Napolitano
Former President Donald Trump will soon be indicted by a federal grand jury.
He is the victim of a federal government that knows no bounds and has assumed powers nowhere granted in the Constitution by the sheer force of its own will. It has created a security state, replete with three lettered acronymic-named agencies — FBI, CIA, DEA, NSA, DIA — that are nowhere recognized in the Constitution, regularly break the written and moral laws, and are themselves far more dangerous to human freedom than the folks they pursue.
How many laws have the feds broken? Ha. No one knows how many criminal laws Congress has enacted. Estimates range from 4,400 to 5,500. How can this be? For starters, members of Congress in both parties rarely if ever read the legislation they enact. House members were given 15 minutes to read the 132-page Patriot Act, which passed overwhelmingly. And much federal law is so convoluted that a simple reading leaves even an experienced lawyer and judge bewildered as to how many different behaviors were made criminal by the statute in question.
Yet, nearly all federal criminal laws — including those now confronting Trump — are wildly unconstitutional. That’s so because the Constitution only authorizes the feds to enact criminal statutes in two areas — criminalizing treason and debasement of the money supply. All remaining criminal laws — those that are intended to protect life, liberty and property, even those intended to protect government assets — were intended by the drafters of the Constitution to be addressed by the states.
The search warrant of Trump’s home could only have followed the submission of one or more detailed affidavits by FBI agents explaining to the federal judge who received them that the Department of Justice has evidence to conclude that it is more likely than not that a crime was committed by someone in connection with the acquisition and retention of government documents, and it is more likely than not that evidence of that crime was located inside Trump’s home.
The affidavits are normally filled with much detail, and they explain and justify what the DOJ believes and why it believes it. The judge must agree with the DOJ’s conclusions in order to sign the warrant.
The signing of the warrant was also preceded by a stenographically recorded interrogation of the FBI agents by the judge. It would have centered on not only what the FBI believes Trump was concealing but also how it knows that.
We now know that Trump took many documents with him to Florida when he left the White House. He returned 15 boxes of them to the National Archives. When he failed to satisfy the Archives with the documents that he returned, the Archives called in the DOJ, which empaneled a grand jury to hear evidence of potential criminal behavior.
The grand jury subpoenaed the documents remaining at Trump’s home, and Trump’s lawyers met with DOJ lawyers to discuss compliance with the subpoena. After that meeting and the surrender of more documents, one of Trump’s lawyers wrote to the DOJ and assured its lawyers that there were no documents subject to the subpoena remaining in Trump’s home.
Thereafter, the FBI learned from a confidential source that there were documents marked “Top Secret” remaining in the home and thus subject to the subpoena. We learned from the inventory of documents that the FBI took that Trump’s lawyer’s representation of full compliance with the subpoena was inaccurate.
This is critical as, if the lawyer intentionally misled the DOJ, then that lawyer will become a defendant and cannot represent Trump. If Trump intentionally misled his own lawyer and caused the lawyer to make a material misrepresentation to the DOJ, the lawyer must resign as Trump’s counsel, as that lawyer will become a witness. Since the matter involves deception, the attorney-client privilege does not apply.
The warrant itself reveals three categories of crimes that the DOJ told the judge it is investigating. They are (a) gathering and transmitting national security secrets, and (b) concealing and removing national security secrets, and (c) destroying or altering national security secrets.
All of these statutory crimes are contained in the Espionage Act of 1917, which Sen. Rand Paul, R-Ky., has rightly moved to repeal. It punishes speech, reading and dissent. Trump himself, in a misguided moment, once offered it as a basis for executing Edward Snowden. In another misguided moment, when Trump announced that his home had been the subject of the execution of the warrant, he also announced that he had declassified all documents in his possession while he was still president. Criminal Defense 101: Never deny until you are accused.
Declassification is not a defense to the allegations stated in the warrant, as secrets — information that, if revealed to any person not authorized to see them, would likely cause grave harm to the nation — need not be classified. As well, President Joe Biden — unbeknownst to Trump — could easily have reclassified the documents as top secret prior to the search, thereby giving the DOJ another potential charge against the former president.
Many of Trump’s legal woes were brought about by himself. He is institutionally averse to strategic silence, to accepting norms and to abiding professional advice that does not immediately produce what he wants. Yet, the feds contemplate a prosecution of him for silently reading and securing pieces of paper. And they call that espionage.
Crime is intentionally caused harm proscribed by law or nature. Who was harmed by documents sitting in Trump’s safe? The egos of the security state.
After four years as president fighting the security state, Trump should know that the federal government is a monster that can only be tamed, occasionally by a fair jury, or permanently when it collapses of its own weight. The latter will happen sooner rather than later. But not soon enough to help Donald Trump.
Reprinted with the author’s permission.
The Best of Andrew P. Napolitano
Andrew P. Napolitano [send him mail], a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel. Judge Napolitano has written nine books on the U.S. Constitution. The most recent is Suicide Pact: The Radical Expansion of Presidential Powers and the Lethal Threat to American Liberty. To find out more about Judge Napolitano and to read features by other Creators Syndicate writers and cartoonists, visit creators.com.
Copyright © Andrew P. Napolitano
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Will the Biden's ever come clean and will the government ever smoke them out and reveal the truth to the American people about Hunter and his allegedly corrupt dealings with an avowed enemy?
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BIDEN ADMINISTRATION
‘Whatever You Need’: How Hunter Biden Helped the CCP’s Premier Influence Group Gain a US Foothold
Emails reveal how Hunter got Obama to officially recognize partnership
The Biden administration last month warned of a Chinese Communist Party front group that seeks to "co-opt" state leaders as part of Beijing’s sprawling foreign influence operation. Emails from Hunter Biden’s laptop show the first son and his business partners helped the organization gain a foothold in the United States while his father was vice president.
In 2015, Biden’s partners lobbied the State Department to publicly approve a partnership between the Chinese People’s Association for Friendship with Foreign Countries and State Legislative Leaders Foundation, a nonprofit group that hosts forums for state legislators and corporate leaders. Hunter’s team portrayed the initiative as a boon for U.S.-Chinese relations.
But emails show they hoped the U.S. government’s recognition of the partnership would help the foundation establish an office in Beijing. It is not clear why the partnership—or the Obama administration’s blessing of it—would have helped Hunter Biden’s business prospects. What is clear is that he and his colleagues believed it would: Biden associate James Bulger wrote in a July 17, 2015, email that the Beijing office would be "a great business driver" for a joint venture they sought with Harvest Fund Management, a Chinese investment firm led by Henry Zhao, a businessman and reported member of the Chinese Communist Party.
The lobbying campaign proved wildly successful on all fronts. After a September 2015 meeting with Chinese president Xi Jinping, President Barack Obama endorsed the partnership between State Legislative Leaders Foundation and the Chinese group. Months later, Hunter Biden’s company finalized its multimillion-dollar deal with Harvest Management.
Biden’s emails, which have not been previously reported, show how the younger Biden helped a Chinese Communist Party influence outfit that his father’s administration now views as a national security threat. The Office of the Director of National Intelligence said last month that the Chinese People’s Association for Friendship with Foreign Countries seeks "to directly and malignly influence state and local leaders to promote the PRC’s global agenda."
On April 28, 2015, Bulger told Hunter Biden that State Legislative Leaders Foundation president Stephen Lakis wanted to meet to discuss a path forward to setting up a SLLF office in China and creating a partnership between his organization and the Chinese organization.
"Whatever you need on this just let me know and I'll make it work," Biden replied.
Between April and July 2015, Biden’s longtime friend and business partner Eric Schwerin arranged meetings between the State Legislative Leaders Foundation and State Department officials to help advance the partnership with the Chinese group. Schwerin, who had dozens of White House meetings with members of then-vice president Joe Biden's office, was "instrumental" in arranging the State Department sessions, according to an email from Bulger.
The Biden group’s primary goal was to have Obama reference the collaboration between the State Legislative Leaders Foundation and the Chinese group in his upcoming meeting with Xi Jinping. On May 11, 2015, a foundation adviser wrote Evan Ryan, who then served as assistant secretary of state for educational and cultural affairs, that a reference by Obama would help them gain "top level approval" from Chinese officials to set up a foundation office in Beijing.
Ryan, who now serves as White House cabinet secretary and is married to Secretary of State Antony Blinken, appears to have played a major role in midwifing the partnership. Schwerin noted in an email to Biden that Ryan had "helped with" the effort to officially acknowledge the foundation's work with the Chinese group. Other emails show Biden and Schwerin in frequent correspondence with Ryan on other matters.
The U.S. intelligence community has increasingly warned that Beijing uses American businessmen and nonprofit groups—often through "deceptive and coercive" means—to promote China’s political agenda in the West. Republicans have said Hunter Biden would have been a prime target for such an influence operation, given his extensive dealings in China and his access to policymakers in Washington. Biden, who is under federal investigation over his taxes and foreign business dealings, earned millions of dollars from a deal with CEFC China Energy, whose chairman was suspected of having ties to Chinese military intelligence. Biden also provided legal services to a CEFC executive whom he referred to as "the fucking spy chief of China" and who was convicted for trying to bribe African officials for oil rights.
The Chinese People’s Association for Friendship with Foreign Countries and State Legislative Leaders Foundation have hosted five "Cooperation Forums" in Honolulu, Las Vegas, Wuhan, and Shijiazhuang since 2015, providing the Chinese influence group access to dozens of state legislative leaders and American business executives. While the U.S. government has not publicly scrutinized the forums, the State Department in 2020 pulled out of a forum between the Chinese group and the National Governors Association due to the former's efforts to "spread Beijing’s malign influence in the United States."
Biden’s associates began lobbying the U.S. government as a ploy to land a lucrative investment from Harvest Fund Management, one of China’s largest asset managers. Biden allegedly touted his family’s political connections in seeking a $5 million investment from Harvest founder Henry Zhao, the Washington Free Beacon reported. Zhao is believed to be a Chinese Communist Party official, according to the New York Post.
The Biden team had worked with the State Legislative Leaders Foundation before. The foundation helped Biden and his associates at the private equity firm BHR Partners in 2015, when Hunter’s team helped the Aviation Industry Corporation of China purchase Michigan auto parts maker Henniges Automotive, the Free Beacon reported earlier this year.
The Biden emails provide a detailed roadmap of how the State Legislative Leaders Foundation, the Biden team, and Zhao sought to use an official blessing from the U.S. government to advance their business interests. In a September 2014 email, Lakis, the foundation president, told Zhao he was a "shareholder" in Bulger’s company. He urged Zhao to consider an investment in the Biden joint venture, saying he had "every confidence that such a partnership will be beneficial to all parties."
Back in China, Zhao was "working with the Chinese Governments [sic] counterparts in Beijing" to have the foundation's efforts mentioned during the Obama-Xi summit in September 2015, Bulger told Biden in a July 17, 2015, email. Having the initiative mentioned in an official document for the summit "would be a huge boost to [Zhao’s] effort in China." That in turn "would be a great business driver for Burnham/Harvest," referring to their joint venture, said Bulger. Bulger, a relative of mobster Whitey Bulger, also wrote that Zhao wanted Biden’s "help with this matter."
The emails do not detail what steps Biden took to help the initiative, but he cheered the partnership between the foundation and the Chinese group in a November 2015 email to Zhao. Biden wrote he was "very happy to hear that the State Legislative Leaders Foundation matter was worked out and was highlighted during President Xi’s State Visit in September."
Burnham and Harvest finalized the joint venture in March 2016, according to emails Biden sent to Zhao.
"This is an exciting milestone and I look forward to helping building [sic] a cross border institution that helps investors in our respective countries across the globe," Biden wrote Zhao on March 18, 2016.
While Biden had high hopes for the partnership with Zhao—he said his company had "no greater partner" than the Chinese businessman—the joint venture went south in May 2016 after another Biden partner, Devon Archer, was indicted on fraud charges.
It is unclear whether President Biden was aware of his son’s activities, though Hunter has kept his father in the loop on several of his other business ventures. Joe Biden met in 2017 with Michael Lin, a longtime Hunter business partner who advised the State Legislative Leaders Foundation on its first foray into China, the Free Beacon reported in May 2021.
None of Biden’s associates—Schwerin, Lakis, or Bulger—have registered with Congress as lobbyists, despite their outreach to the State Department. None returned requests for comment. Biden’s attorney and the White House also did not respond to requests for comment.
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Enough With the Soft Conservatives By Kurt Schlichter
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High ESG Scores Foreshadow Economic DeclineBy Gabriella Hoffman
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Families Flee Woke City of Portland as Homeless Take Over the Suburbs
By Sarah Arnold
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Please, watch this stunning reveal now and decide for yourself.
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Hoover Weekend:
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China’s Demographics Spell Decline Not Domination
By Niall Ferguson via BloombergNiall Ferguson explains that the United States is facing major population declines because of three major forces: rising mortality, declining fertility, and falling net international migration. In the US, the resident population grew by 0.1 percent in 2021, down from the persistent annual growth rate of 1 percent experienced in the country between the 1970s and the financial collapse of 2008. While this trend is likely to result in negative fiscal impacts for America, this challenge pales in comparison to that faced by China, where in a best-case scenario the population declines by one-fifth, and in the worst case by 46 percent. Ferguson argues that America can more easily fix its population bust by reforming its immigration system and attracting high-skilled workers from abroad. China doesn’t have that option, he explains, for the simple reason that would-be migrants do not want to move there.
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John Kerry is one of the most dangerous politicians to walk the halls of Congress. Not only is he clueless, not only is he a lying hypocrite but his ideas also have no basis in economic reality. He is that typical DC clown who remains an out of touch with reality progressive who finds a home in the Democrat Party and proceeds to wreck everything he touches.
Al Gore is Kerry's clone or perhaps the reverse.
Kerry's wealthy wife allows him the economic freedom to seed the land with his bilious ideas and it is people like Kerry who have helped to bring America to it's knees in terms of our adversaries being able to manipulate us into costly economic corners.
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John Kerry’s Climate Closet Swings Wide Open – Email Evidence Shows They Tried to Keep Plans Off Paper
By Adam Casalino|
What’s Happening:
Failed presidential candidate John Kerry is Biden’s Special Presidential Envoy for Climate. What does that mean? What does John Kerry actually do?
Good question. We can’t say for sure. In fact, members of his own office tried to keep their own work a secret from the public. They even said they couldn’t put it on paper.
Senior officials in Special Presidential Envoy for Climate (SPEC) John Kerry’s office discussed holding a meeting to ensure budget discussions were kept off “paper,” […]
“I would also suggest a call or meeting soon with jk to update him on FY22 and 23, focusing on all the elements we can’t put on paper,” the unnamed official told other staffers in the March 9 email.
Huh. So, why can’t this discussion be done over email or recorded “on paper”?
What exactly is John Kerry’s department actually doing? And why doesn’t his senior director want anything written down?
We can’t say for sure, since it apparently wasn’t recorded on paper.
But we do know that John Kerry was recently exposed for dumping 300 tons of CO2 into the atmosphere, thanks to using his private jet.
And we know this administration is anticipating a number of investigations by Republicans when they retake the House.
Chances are, this group is fearful of being exposed over what they are doing. And they don’t want Republicans—and the American people—to even know what they are spending tax dollars on.
Pretty sad for an administration that once boasted to be the “most transparent” in our nation’s history.
This guy doesn’t even want to write anything down! And no, it doesn’t look like he was trying to save trees. He’s just trying to save his own skin and save the American people from knowing the truth.
But this is all par for the course for Biden and the Democrats. While they are looting Trump’s house over paperwork, they are going out of their way to avoid getting called to the carpet for anything.
The sooner we get them out of office, the better.
Source: Fox News
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