Day 1 of Impeachment Trial in the Senate

After many hours, more than 12, the day was over. A long slog it was with summaries presented on each of Senator Schumer’s amendments to the rules. There was only one Republican defection vote on one amendment by Susan Collins of Maine. Even Lisa Murkowski of Alaska and Mitt Romney of Utah stayed the course with the Republicans with all the votes they cast.

The historic impeachment proceedings against Trump begin ...
Perhaps the reason for full party line votes are as a result of the letter sent to the Senate by 21 State Attorneys General found here. It is a great read even for those on the Democrat/liberal side of the ledger and have already made up their minds to remove Donald Trump from the presidency.

State AG letter to Senate o… by Fox News on Scribd


The House impeachment articles managers/team, led by Congressman Adam Schiff and Gerald Nadler filled the 12 hours with repeated emotional and passionate summaries full of twisted and selectively chosen assertions while negating full truths and context. President Trump’s team did not sway from the initial briefing they filed and made their positions short and cogent on each amendment.
For the most part the day was filled with lawyers of all distinctions warring with each other and the polarization of the Federal government was on full display to only stay with our nation for many years to come.

Adam Schiff introduced Lev Parnas several times in his intense statements when Parnas was not part of the House impeachment inquiry at all. That bit of scandal came after the House voted on the final resolution to impeach. While I am not a lawyer, one must question if that was even a lawful introduction in the first place.

Lev Parnas is a turncoat political opportunist and likely a plant infecting U.S. politics for reasons still being uncovered. Parnas has been injecting himself relationships both in Ukraine and the United States by ingratiating his cunning tactics with people such as Rudy Giuliani, John Solomon, Victoria Toensing, Joe DiGenova, Trump family members and even Yuri Lutsenko, the former Ukrainian prosecutor general. Presently, Parnas and his business partner, Igor Fruman and two others have been charged with conspiring to violate straw and foreign donor bans by the Southern District of New York.

Going forward, the argument to watch for is the matter of ‘executive privilege’. All presidents have this privilege to protect interactions and conversations that involve matters of national security and diplomatic architecture. In a matter of criminal action, privilege cannot be asserted, yet that was in fact the case in the previous scandal of Fast and Furious when President Obama gave AG Eric Holder privilege protection and he was found in contempt of Congress for that. Moving on however…

The embedded message the impeachment managers will continue to use in their summaries will be “corrupt motives”. A president is responsible for foreign policy and is the top steward/protector of taxpayer money, not government money as to where it goes and how it is spent. One question that is not asked and should be is when Congress appropriated and approved the military aid for Ukraine in the NDAA legislation, was there a clause to fully document the status of previous military aid and to make designations of caution and sanction to Ukraine if the equipment and money did not reach or be applied for the intended use. That answer is no. The Congress relied on the Department of Defense to make a statement, which it did but only to declare that the Ukraine military had taken reform steps to address corruption, that is not a certification.

Carry on good and well informed voters.

 

Rosenstein Authorized Release of Strzok-Page Texts

Former Deputy Attorney General Rod Rosenstein acknowledged in a court filing Friday that he authorized the release of text messages between FBI officials Peter Strzok and Lisa Page to media outlets.

Image result for strzok text messages source

Rosenstein said in a declaration filed in response to a lawsuit Strzok has pending against the Justice Department and FBI that he authorized releasing the text messages to media outlets Dec. 12, 2017, the eve of his testimony before the House Judiciary Committee.

“The disclosure obviously would adversely affect public confidence in the FBI, but providing the most egregious messages in one package would avoid the additional harm of prolonged selective disclosures and minimize the appearance of the Department concealing information that was embarrassing to the FBI,” said Rosenstein, who left the Justice Department in May 2019.

Strzok, the former deputy chief of the FBI’s counterintelligence division, sued the Justice Department and FBI on Aug. 6, 2019, for unlawful termination, infringement of due process, and violations of the Privacy Act. He said he consulted with the Justice Department’s Office of Legal Affairs, which determined that there was no legal basis preventing the release of the messages, and the authorized the Justice Department’s Office of Public Affairs to provide 375 messages to a group of media outlets.

Rosenstein asserted that Strzok and Page’s privacy interests were not violated by releasing the messages because they “were sent on government phones with the knowledge that they were subject to review by FBI” and because they “were so inappropriate and intertwined with their FBI work that they raised concerns about political bias influencing official duties.”

*** Image result for strzok text messages source

The Justice Department argued that Rosenstein did his due diligence by having his aides consult with the DOJ’s top privacy official Peter Winn on the release of the text messages, and cannot be held responsible for violating the Privacy Act because there was no willful intent.

“Even if [the] Plaintiff could show that the disclosure was somehow inconsistent with the Privacy Act — the Department did not intentionally or willfully violate the statute,” the court filings read. Strzok and Page, who were both members of former Special Counsel Robert Mueller’s Russia investigation team, were caught exchanging messages that were disparaging of President Trump and highly partisan in nature throughout 2016.

Page, who eventually resigned from the Bureau, sued the DOJ last month over the release of the text messages, claiming it violated the Federal Privacy Act. She said she has suffered numerous damages including therapy costs and “permanent loss of earning capacity due to reputational damage.”

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Strzok also sued the DOJ last month, claiming his First Amendment Rights had been violated. He is seeking reinstatement on the basis that his firing was unconstitutional. Rosenstein’s declaration was part of the government’s defense in Strzok’s lawsuit.

Rosenstein resigned from his post with the DOJ in April and is now with a corporate law firm in Washington, D.C.

About that GAO Report that Trump Broke the Law

So, it has reported that President Trump ordered the Office of Management and Budget to hold the funds for Ukraine which was in the NDAA passed by Congress. There was a stopgap provision in the NDAA that the funds would remain available until after September 30, which was after the end of the U.S. fiscal accounting period. The money was released on September 11. President Trump questioned what other countries are stepping up with financial and military support of Ukraine. It is unclear if the White House ever got a succinct report on that question. In fact, a few days before the Zelensky phone call, the OMB the aid was withheld, not after the call. Furthermore, Zelensky was a newly elected President and a new government, an unknown quantity.

The call between President Trump and President Zelensky was the genesis of the whistle-blower complaint. Countless people were on the call which is a procedural condition for all international foreign policy national security calls. Each call between the United States and a foreign entity are outlined, reviewed and prepped in full by those to be on the call.

The OMB is under the Executive Office of the President and it is responsible for measuring the quality of agency programs, policies and procedures. The agency also ensures that reports, rules, testimony and proposed legislation is consistent with administration policies, meaning evaluations and inter-agency reviews.

OMB’s Office of General Counsel provides legal advice and counsel to the Director and the OMB components and staff. In addition, the General Counsel’s Office manages the Executive Order and Presidential Memoranda process for OMB and the Administration; reviews and clears all legal and constitutional comments by the Department of Justice and other agencies on proposed legislation before such comments are conveyed to Congress; participates in the drafting of bill signing statements for the President; reviews all proposed legislative text comprising the President’s Budget and for all budget-related legislative proposals; evaluates legal issues in proposed regulations; convenes meetings of all agency general counsels and coordinates legal issues across agencies; and ensures OMB’s compliance with ethics laws, the Freedom of Information Act, the Federal Records Act, and other statutory requirements.

OMB’s Office of Legislative Affairs works closely with White House Office of Legislative Affairs, Federal Agency Legislative Affairs offices, and congressional offices on current legislative issues. The office conveys information and strategies to the Director to inform decisions on Administration policies. The office, in turn, disseminates budget materials, descriptions of relevant concerns, and statements to Congress to communicate the Administration’s positions. The Office of Legislative Affairs also advises the OMB Director and the organization on legislative issues and developments, provides expertise on the congressional budget process, supplies daily congressional reports to the Director and the OMB staff, oversees correspondence with the Hill, and manages the clearance and transmittal of the President’s Budget and the Administration’s Statements of Administration Policy.

LAWYERS AND MORE LAWYERS

So, now we have the General Accounting Office that publishes a report that President Trump broke the law by placing the aid on hold. The GAO is the congressional ‘go-to’ department that measures, often with bias the cost(s) of proposed legislation along with legal viability and other realities.

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Now, remember that within the two articles of impeachment, neither allege a violation of law that the General Accounting Office report declared at the behest of Senator Chris Van Hollen (D-Md.).

So, a deeper look at the GAO shows that it is represented by the AFL-CIO’s International Federation of Professional and Technical Engineers, a PAC that gave 100% of political donations to Democrats…no Republicans.

Now, the GAO is is packed full of lawyers that is assigned to legal, accounting, auditing and other financial/legal duties requested by Congress. GAO engages in audits and investigations, but it has negligible enforcement power. Once a legal determination has been made, GAO has exhausted its regulatory authority. Regardless of the adjudicative outcome, GAO has no authority to exact fines, issue injunctions, or pursue further proceedings, criminal or otherwise. Instead, the Comptroller General reports the determination to Congress, to the president, to the offending agency, and to any other relevant agencies (such as the Department of Justice).

Seems that the GAO plotted with the Pelosi/Schiff operation in the House and likley Schumer/Van Hollen in the Senate…who advised the White House immediately that there could be issues legally or otherwise, if that is really the case regarding placing a hold on the Ukraine aid? No one it seems and procedures were not followed.

As for the accusations of withholding the money to force a Ukraine public statement to investigate all things Biden(s), hold on. On July 14, several days before the infamous phone call, the polls had Trump trailing Biden, Warren and Sanders. Sanders was 1 percentage point at the time behind Biden and Warren was a mere 2 percentage points behind Biden. Kamala Harris was 5 percentage points behind Biden. This was hardly a reason for President Trump to go full attack on Biden as is alleged. On the other hand, there as investigations continue, there are reasons for sure to question those aiding the whistle-blower, the continued corruption timelines of Ukraine and where Hunter Biden and his wide range of associates did some unsavory things still being determined.

Hey Trump, Declassify the Secret Letters Obama Sent to Iran

Now is the time Mr. President to blow the system, deep state right out of the water….in fact time it with the post impeachment operation….

Remember ladies and gentlemen there were these side deals that Barack Obama and John Kerry negotiated with Iran which are hardly fully known today? How about the side deal that Obama gave terror amnesty to Qassim Soleimani and in fact to all terror operations to Iran?

Imagine the articles of impeachment on Obama had we known…well it is time to know it now.

Iran FM Javad Zaif: I Admit that I Made a Mistake to Put ...

Not only were there secret letters to General Soleimani, but there were secret letters to Ayatollah Ali Khamenei.

Back in 2014: The contents of the letter to the Ayatollah Ali Khamenei weren’t disclosed, and State Department spokeswoman Jen Psaki declined to discuss it Thursday. The Wall Street Journal, which first reported its existence, quoted people it said had been briefed on the letter as saying the letter was sent last month and that it outlined a shared interest in fighting ISIS militants in Iraq and Syria.

Kerry will travel to Muscat, Oman, for trilateral meetings Sunday and Monday with Iranian Foreign Minister Javad Zarif and Catherine Ashton, the E.U.’s high representative for foreign affairs and security policy. That’s two weeks before a Nov. 24 deadline for Iran to reach a comprehensive deal with U.N. negotiators on an agreement to dismantle most of its nuclear centrifuges. Psaki said there was no link between the nuclear agreement and possible future coordination on the fight against ISIS.

Really lil miss Psaki? C’mon. Imagine what others do know about details back then….

Try this:

Reported in part by Bizpacreview: “I must become a whistleblower,” Doran, a senior fellow at the Hudson Institute specializing in Middle East security issues, tweeted Friday in response to a self-serving opinion piece by Kerry published by The New York Times. Doran called out Kerry for his op-ed and the “ludicrous and reckless contention” that “diplomacy” with Iran and the nuclear deal negotiated under former President Obama’s watch was working until Trump ruined everything.

 

 

“He put his disdain for anything done by the last administration ahead of his duty to keep the country safe,” Kerry wrote, arguing that Trump’s actions empowered Soleimani while the 2015 Joint Comprehensive Plan of Action actually restrained Iran while protecting America.

“There were no missile attacks on United States facilities. No ships were being detained or sabotaged in the Persian Gulf,” Kerry claimed.

“There were no protesters breaching our embassy in Baghdad. Iraq welcomed our presence fighting ISIS,” he wrote, touting the “foundation of diplomacy” laid by the Obama administration.

Doran called for the media and Congress to “excavate” the Soleimani messages and get on the task of declassifying them as well as “presidential correspondence” to Iran’s supreme leader Ali Khamenei and its president Hassan Rouhani.

 

 


“Our diplomacy should not be defined by bluster, threats and brinkmanship, tweets or temper tantrums, but by a vision for peace and security addressing multiple interests of the region,” Kerry wrote in his op-ed, accusing Trump of acting “recklessly” without a strategy while alienating American allies in the Middle East.

Trump contends that Iran’s missile attack on a U.S. military base in Iraq was made possible by the Joint Comprehensive Plan of Action, otherwise known as the Iran nuclear deal. The president, in his briefing Wednesday, leveled stinging criticism of the Obama administration which he said laid the groundwork for Iran to fund its actions.

“Iran’s hostilities substantially increased after the foolish Iran nuclear deal was signed in 2013 and they were given $150 billion, not to mention $1.8 billion in cash,” he said.

Doran added another tongue-in-cheek tweet about his “patriotic duty to be a whistleblower” while maintaining that he “must remain anonymous.” Keep reading here.

Now we cannot forget that the JCPOA was in fact a treaty that required Senate ratification, yet in a political coup, the Obama administration finessed the whole Constitutional system and went directly to the United Nations….where was the sanctimonious Nancy Pelosi then? Is CNN or the Washington Post reporting any of this? Wonder if NetFlix will release a documentary on this while the Obama’s are so heavily invested over there…..nah

Pelosi Says ‘no war’ but What About the Gerasimov Doctrine?

The 800 lb. gorilla in the room, meaning in Congress is the 2002 AUMF, Authorization for Military Force. That was 18+ years ago and since that time warfare has changed. No longer will we see convention forces take the battlefield that looks that of Ramadi, North Korea or driving the Taliban from power in Afghanistan.

Modern warfare is best described today by the doctrine developed by Russian General Valery Gerasimov. This site has published several items on Gerasimov in recent years where in summary his military paper lays out theories of modern warfare and the new rules. The strategies include politics, cyber, media, leaks, space, fake news, conventional, asymmetric a tactics of extortion and influence.
The United States does not want war but bad guys do and they often get it.
As long as the United States responds and remains defensive on all fronts, we are in a forever war and the bad guys multiply.

The adversaries of our nation watch us more than we watch ourselves, there are divisions, departments, teams, units and various skill sets that are assigned and dedicated to all things United States all to pinpoint our weaknesses and fractures in our systems. They DO find them.
When third in the line of succession to the presidency, Speaker Nancy Pelosi calls President Trump and ‘insecure imposter’ and an ‘assassin’, it becomes one of many jumping off points for our adversaries to exploit. When the media calls Trump a liar, members of Congress use racist, unfit and unstable, the enemy takes delight.

So, taking out General Soleimani was long overdue and as for bad guys multiplying?

Source IISS report

Enter the cyber trolls, the deep fakes, the false news stories, hacks, ransomware, espionage, theft, plants, drones, terrorists embedded with migrants, illicit transfer of goods including weapons, money and people generated by rogue nations.

So, while there is little debate about the AUMF, there is a past due need to update and define all lanes of modern warfare and for a full new unanimous vote on military force which does now include cyber and space.
When Speaker Pelosi announced last week ‘NO WAR’ and the House passed a non-binding resolution to limit President Trump’s war powers against Iran, you can bet Russia was listening as were North Korea, Syria, China and even Iran.

This is a pre-911 mentality regarding foreign policy, United States doctrine and national security. Such was the case several days ago when Iran launched their cyber operation to begin brute force attacks against several targets inside the United States. The Department of Homeland Security’s CISA division (Cybersecurity and Infrastructure Security Agency) sent out several advanced warnings nationally for state and local governments as well as private business and corporations to be on the ready and harden systems with robust firewalls. They are asked for information regarding intrusions and attacks, Well, Texas Governor Abbot did respond. A few Texas state systems were the victims of of brute force cyber hits. The extent of that action appears to be rather minimal but no computer system network ever wants to reveal the damage such that it would or could invite more resulting in more ransomware.

Noted in the Gerasimov Doctrine, hard and soft power across many domains, past and over any boundaries, Russia collaborating with China, Iran and North Korea counter-balance conventional warfare with hybrid tactics and it is cheaper and often missed by experts and media until the real damage is noted.

Congress has held many hearings on what is an act of war against the United States and yet, here we are with a tired and outdated AUMF that does not address gray zone operations. Just ask Ukraine, East Europe and Crimea how Russia was successful in applying hybrid warfare tactics. Maybe we should just rename the Gerasimov Doctrine civilian military operations, perhaps the Democrats and Pelosi would better understand the burdens of the Commander in Chief and that of the Secretary of Defense along with the intelligence agencies. It is an ugly world.