Category Archives: constitution

Don’t lie to my GrandKids, Joe Biden not President Elect, Ask questions seek truth, No President Elect until Congress certification January 6, 2021

Don’t lie to my GrandKids, Joe Biden not President Elect, Ask questions seek truth, No President Elect until Congress certification January 6, 2021

” the votes having been ascertained and counted according to the rules in this subchapter provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected President and Vice President of the United States”…US Code certification of Electoral College votes

“When you pick up your morning or evening newspaper and think
you are reading the news of the world, what you are reading
is a propaganda which has been selected, revised, and doctored
by some power which has a financial interest in you.”…Upton Sinclair

“And you shall know the truth, and the truth shall set you free.”…Jesus, John 8:32

 

DON’T

LIE

TO MY

GRANDKIDS

Make sure your kids and grandkids know the truth.

Make sure the people teaching your descendants tell the truth.

Encourage your descendants to ask questions.

Because of the Orwellian lying mainstream media many adults believe that Joe Biden is President Elect.

That is a big lie.

At the earliest, we will have a President Elect on January 6, 2021 when Congress convenes to count and certify the results of the electors voting in the Electoral College in each state.

At the present, we do not even have a definite winner in the general election.

And explain to them and your sphere of influence the value and need for the  Electoral College and the collective wisdom of the founding fathers.

For example, so far in this election, the difference in the popular vote is approx. that of the difference in California.

Anybody want CA to determine the fate of the rest of the country?

Knowledge is power.

Wells

“When an opponent declares, “I will not come over to your side,” I calmly say, “Your child belongs to us already… What are you? You will pass on. Your descendants, however, now stand in the new camp. In a short time they will know nothing else but this new community.”...Adolf Hitler

 

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“President Elect”, Do not lie to my grandkids, No President Elect until Congress certifies votes of electors of Electoral College, No winner of general election yet

“President Elect”, Do not lie to my grandkids, No President Elect until Congress certifies votes of electors of Electoral College, No winner of general election yet

“Our Constitution is in actual operation; everything appears to promise
that it will last; but nothing in this world is certain but death and
taxes.”     Benjamin Franklin

“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”...Abraham Lincoln

“The (American) press, which is mostly controlled by vested
interests, has an excessive influence on public opinion.”... Albert Einstein

 

 

DO NOT

LIE

TO MY

GRANDKIDS

There is no President Elect!

For that matter, there is not a winner of the general election yet.

The fake news media lies constantly.

We are supposed to be better educated.

I was and I expect the folks teaching our kids to be.

In the general election, we elect electors of the Electoral College who meet and elect the president.

Even then there is no President Elect until Congress certifies those votes in January.

Make sure your grandkids are taught this!

From Citizen Wells December 13, 2008.

Presidential Election

ELECTORAL COLLEGE QUESTIONS AND ANSWERS

Q: What is the Electoral College?:

A: The Electoral College was established by the founding fathers
as a compromise between election of the president by Congress and
election by popular vote. The people of the United States vote for
the electors who then vote for the President. Read more

Q: Frequently asked questions:

A: Read more here

Q: Why did the Founding Fathers create the Electoral College?:

A:  The Founding Father’s intent

Here is a quote by Alexander Hamilton who, like many of the founding
fathers, was “afraid a tyrant could manipulate public opinion and come
to power.” Hamilton wrote in the Federalist Papers:

“It was equally desirable, that the immediate election should be made
by men most capable of analyzing the qualities adapted to the station,
and acting under circumstances favorable to deliberation, and to a
judicious combination of all the reasons and inducements which were
proper to govern their choice. A small number of persons, selected by
their fellow-citizens from the general mass, will be most likely to
possess the information and discernment requisite to such complicated
investigations. It was also peculiarly desirable to afford as little
opportunity as possible to tumult and disorder. This evil was not least
to be dreaded in the election of a magistrate, who was to have so
important an agency in the administration of the government as the
President of the United States. But the precautions which have been so
happily concerted in the system under consideration, promise an
effectual security against this mischief.”

Q: What are the state laws governing Electors?:

A: List of states and restrictions on Electors

Q: What are so called “Faithless Electors”?:

A: “The Supreme Court has held that the Constitution does not require
that electors be completely free to act as they choose and therefore,
political parties may extract pledges from electors to vote for the
parties’ nominees. Some State laws provide that so-called “faithless
electors” may be subject to fines or may be disqualified for casting
an invalid vote and be replaced by a substitute elector. The Supreme
Court has not specifically ruled on the question of whether pledges
and penalties for failure to vote as pledged may be enforced under
the Constitution. No elector has ever been prosecuted for failing to
vote as pledged.” Read more here

The US Supreme Court Obviously has not given Electors the option to
violate the US Constitution. Therefore, obviously, if the presidential
candidate is qualified, party pledges and state laws are permissable.

Q: What must an Elector be aware of when voting for a presidential candidate?:

 A: The following are important considerations when casting a vote. Voting
as instructed by a political party, another person, or a state law in
conflict with the US Constitution or Federal Election Laws is a serious
matter. Those not voting in accordance with higher laws are subject to
prosecution and may be guilty of “High Crimes and Misdemeanors.”
High Crimes and Misdemeanors

UNITED STATES ELECTION LAW

“The following provisions of law governing Presidential Elections are contained in Chapter 1 of Title 3, United States Code (62 Stat. 672, as amended):”

“§ 8.   The electors shall vote for President and Vice President, respectively, in the manner directed by the Constitution.”

ARE ELECTORS REQUIRED TO VOTE ACCORDING TO POPULAR VOTE?

“There is no Constitutional provision or Federal law that requires
electors to vote according to the results of the popular vote in
their States. Some States, however, require electors to cast their
votes according to the popular vote. These pledges fall into two
categories—electors bound by State law and those bound by pledges
to political parties.”   (From US National Archives)

SO CALLED “FAITHLESS ELECTORS”

“It turns out there is no federal law that requires an elector to
vote according to their pledge (to their respective party). And so,
more than a few electors have cast their votes without following the
popular vote or their party. These electors are called “faithless
electors.”

In response to these faithless electors’ actions, several states
have created laws to enforce an elector’s pledge to his or her party
vote or the popular vote. Some states even go the extra step to
assess a misdemeanor charge and a fine to such actions. For example,
the state of North Carolina charges a fine of $10,000 to faithless
electors.

It’s important to note, that although these states have created these
laws, a large number of scholars believe that such state-level laws
hold no true bearing and would not survive constitutional challenge.”
Read more here

STATE LAW EXAMPLE: PENNSYLVANIA

“§ 3192. Meeting of electors; duties.
The electors chosen, as aforesaid, shall assemble at the seat
of government of this Commonwealth, at 12 o’clock noon of the
day which is, or may be, directed by the Congress of the United
States, and shall then and there perform the duties enjoined upon
them by the Constitution and laws of the United States
.”

“The mysteries of the Electoral College has enabled Pennsylvania
to play an unusually major role in determining who is President.
In 1796, Thomas Jefferson defeated John Adams in Pennsylvania’s
popular election by only 62 votes, but the Pennsylvania electors
gave Jefferson 14 votes and Adams 1, though Adams did win the
Electoral vote, 71 to 68.” Read more here

ELECTORS HELPED SAVE THE UNION

1860 election: 4 electors in New Jersey, pledged for Stephen Douglas,
voted for Republican candidate Abraham Lincoln.

Q: What happens after the Electoral College vote?:

A: Electoral College procedures

Q: What is the significance of your vote?:

A: The US Constitution clearly gives the states the power
and duties associated with electing a qualified president.
It is also clear that the states have not performed their
duties to ensure that the Electoral College votes will be
for a Qualified candidate. The Electors have a constitutional
duty to perform that supersedes any party contract or state
law. Each day that passes without verification of eligibility
of any candidate being voted for by Electors, brings us closer
to a constitutional crisis. There are pending court cases before
the US Supreme Court and state courts. Congress will meet in
January to count and certify votes and there will certainly be
challenges in Congress. If Congress or the courts shall fail to
do their duty, a Supreme Court Justice will be faced with a
decision to uphold the Constitution. The crisis will increase
in intensity.

https://citizenwells.com/2008/12/13/2008-us-presidential-election-electoral-college-electors-us-constitution-federal-election-law-state-election-laws-state-officers-state-election-officials-judges-us-supreme-court-justices-dem/

 

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Judge Amy Coney Barrett opening statement Supreme Court nomination hearings October 12, 2020, Released Sunday

Judge Amy Coney Barrett opening statement Supreme Court nomination hearings October 12, 2020, Released Sunday

“I made it absolutely clear that I would go forward with a confirmation process as [Senate Judiciary] chairman, even a few months before a presidential election, if the nominee were chosen with the advice, and not merely the consent, of the Senate, just as the Constitution requires,” ..Joe Biden, Georgetown Law School 2016

“When there is a vacancy on the SCOTUS, the President is to nominate someone, the Senate is to consider that nomination … There’s no unwritten law that says that it can only be done on off-years. That’s not in the Constitution text.”...Barack Obama 2016

“Even if President Trump wants to put forward a name now, the Senate should not act until after the American people select their next president, their next Congress, their next Senate,”...Joe Biden 2020 

 

“Chairman [Lindsey] Graham, Ranking Member [Dianne] Feinstein, and Members of the Committee: I am honored and humbled to appear before you as a nominee for Associate Justice of the Supreme Court.

I thank the President for entrusting me with this profound responsibility, as well as for the graciousness that he and the First Lady have shown my family throughout this process.

I thank the Members of this Committee—and your other colleagues in the Senate—who have taken the time to meet with me since my nomination. It has been a privilege to meet you.

As I said when I was nominated to serve as a Justice, I am used to being in a group of nine—my family. Nothing is more important to me, and I am so proud to have them behind me.

My husband Jesse and I have been married for 21 years. He has been a selfless and wonderful partner at every step along the way. I once asked my sister, “Why do people say marriage is hard? I think it’s easy.” She said, “Maybe you should ask Jesse if he agrees.” I decided not to take her advice. I know that I am far luckier in love than I deserve.

Jesse and I are parents to seven wonderful children. Emma is a sophomore in college who just might follow her parents into a career in the law. Vivian came to us from Haiti. When she arrived, she was so weak that we were told she might never walk or talk normally. She now deadlifts as much as the male athletes at our gym, and I assure you that she has no trouble talking. Tess is 16, and while she shares her parents’ love for the liberal arts, she also has a math gene that seems to have skipped her parents’ generation. John Peter joined us shortly after the devastating earthquake in Haiti, and Jesse, who brought him home, still describes the shock on JP’s face when he got off the plane in wintertime Chicago. Once that shock wore off, JP assumed the happy-go-lucky attitude that is still his signature trait. Liam is smart, strong, and kind, and to our delight, he still loves watching movies with Mom and Dad. Ten-year-old Juliet is already pursuing her goal of becoming an author by writing multiple essays and short stories, including one she recently submitted for publication. And our youngest—Benjamin, who has Down Syndrome—is the unanimous favorite of the family.

My own siblings are here, some in the hearing room and some nearby. Carrie, Megan, Eileen, Amanda, Vivian, and Michael are my oldest and dearest friends. We’ve seen each other through both the happy and hard parts of life, and I am so grateful that they are with me now.

My parents, Mike and Linda Coney, are watching from their New Orleans home. My father was a lawyer and my mother was a teacher, which explains how I ended up as a law professor. More important, my parents modeled for me and my six siblings a life of service, principle, faith, and love. I remember preparing for a grade-school spelling bee against a boy in my class. To boost my confidence, Dad sang, “Anything boys can do, girls can do better.” At least as I remember it, I spelled my way to victory.

I received similar encouragement from the devoted teachers at St. Mary’s Dominican, my all-girls high school in New Orleans. When I went to college, it never occurred to me that anyone would consider girls to be less capable than boys. My freshman year, I took a literature class filled with upperclassmen English majors. When I did my first presentation—on Breakfast at Tiffany’s—I feared I had failed. But my professor filled me with confidence, became a mentor, and—when I graduated with a degree in English—gave me Truman Capote’s collected works.

Although I considered graduate studies in English, I decided my passion for words was better suited to deciphering statutes than novels. I was fortunate to have wonderful legal mentors—in particular, the judges for whom I clerked. The legendary Judge Laurence Silberman of the D.C. Circuit gave me my first job in the law and continues to teach me today. He was by my side during my Seventh Circuit hearing and investiture, and he is cheering me on from his living room now.

I also clerked for Justice Scalia, and like many law students, I felt like I knew the justice before I ever met him, because I had read so many of his colorful, accessible opinions. More than the style of his writing, though, it was the content of Justice Scalia’s reasoning that shaped me. His judicial philosophy was straightforward: A judge must apply the law as written, not as the judge wishes it were. Sometimes that approach meant reaching results that he did not like. But as he put it in one of his best known opinions, that is what it means to say we have a government of laws, not of men.

Justice Scalia taught me more than just law. He was devoted to his family, resolute in his beliefs, and fearless of criticism. And as I embarked on my own legal career, I resolved to maintain that same perspective. There is a tendency in our profession to treat the practice of law as all-consuming, while losing sight of everything else. But that makes for a shallow and unfulfilling life. I worked hard as a lawyer and a professor; I owed that to my clients, my students, and myself. But I never let the law define my identity or crowd out the rest of my life.

A similar principle applies to the role of courts. Courts have a vital responsibility to enforce the rule of law, which is critical to a free society. But courts are not designed to solve every problem or right every wrong in our public life. The policy decisions and value judgments of government must be made by the political branches elected by and accountable to the People. The public should not expect courts to do so, and courts should not try.

That is the approach I have strived to follow as a judge on the Seventh Circuit. In every case, I have carefully considered the arguments presented by the parties, discussed the issues with my colleagues on the court, and done my utmost to reach the result required by the law, whatever my own preferences might be. I try to remain mindful that, while my court decides thousands of cases a year, each case is the most important one to the parties involved. After all, cases are not like statutes, which are often named for their authors. Cases are named for the parties who stand to gain or lose in the real world, often through their liberty or livelihood.

When I write an opinion resolving a case, I read every word from the perspective of the losing party. I ask myself how would I view the decision if one of my children was the party I was ruling against: Even though I would not like the result, would I understand that the decision was fairly reasoned and grounded in the law? That is the standard I set for myself in every case, and it is the standard I will follow as long as I am a judge on any court.

When the President offered this nomination, I was deeply honored. But it was not a position I had sought out, and I thought carefully before accepting. The confirmation process—and the work of serving on the Court if I am confirmed— requires sacrifices, particularly from my family. I chose to accept the nomination because I believe deeply in the rule of law and the place of the Supreme Court in our Nation. I believe Americans of all backgrounds deserve an independent Supreme Court that interprets our Constitution and laws as they are written. And I believe I can serve my country by playing that role.

I come before this Committee with humility about the responsibility I have been asked to undertake, and with appreciation for those who came before me. I was nine years old when Sandra Day O’Connor became the first woman to sit in this seat. She was a model of grace and dignity throughout her distinguished tenure on the Court. When I was 21 years old and just beginning my career, Ruth Bader Ginsburg sat in this seat. She told the Committee, “What has become of me could only happen in America.” I have been nominated to fill Justice Ginsburg’s seat, but no one will ever take her place. I will be forever grateful for the path she marked and the life she led.

If confirmed, it would be the honor of a lifetime to serve alongside the Chief Justice and seven Associate Justices. I admire them all and would consider each a valued colleague. And I might bring a few new perspectives to the bench. As the President noted when he announced my nomination, I would be the first mother of school-age children to serve on the Court. I would be the first Justice to join the Court from the Seventh Circuit in 45 years. And I would be the only sitting Justice who didn’t attend law school at Harvard or Yale. I am confident that Notre Dame will hold its own, and maybe I could even teach them a thing or two about football.

As a final note, Mr. Chairman, I would like to thank the many Americans from all walks of life who have reached out with messages of support over the course of my nomination. I believe in the power of prayer, and it has been uplifting to hear that so many people are praying for me. I look forward to answering the Committee’s questions over the coming days. And if I am fortunate enough to be confirmed, I pledge to faithfully and impartially discharge my duties to the American people as an Associate Justice of the Supreme Court. Thank you.”

https://www.politico.com/news/2020/10/11/amy-coney-barrett-opening-statement-supreme-court-428635

 

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Michael Flynn motion to strike attorney non party communications October 8, 2020, Strzok and McCabe attorney letters

Michael Flynn motion to strike attorney non party communications October 8, 2020, Strzok and McCabe  attorney letters

“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October

“her client was “totally set up” because he threatened to expose wrongdoing by top intelligence officials in the Obama administration.

“He was going to audit the intel agencies because he knew about the billions Brennan and company were running off the books,” Powell said, referring to former CIA Director John Brennan.”…Sidney Powell, Vickie McKenna Show

On Judge Sullivan: “if there was any doubt up to this point whether his conduct gives the appearance of partiality, that doubt is gone.”...Judge Rao dissenting opinion

 

From United States v Michael Flynn October 8, 2020.

GENERAL FLYNN’S MOTION TO STRIKE IMPROPER
COMMUNICATIONS AND TO FORECLOSE
FILINGS OF ANY OTHER NON-PARTIES

General Michael T. Flynn moves to strike the ex parte and unauthorized
extrajudicial communications received by this court’s chambers and improperly
entered into the public docket on September 28, 2020 and October 7, 2020. These attorneys should be addressing their concerns with the government, not emailing the judge in this case; and the letters do not belong in the record.

On September 28, 2020, Aitan Goelman, counsel to former FBI Deputy
Assistant Director Peter Strzok, who was fired from the Bureau after he was exposed for his own bias and extraordinary malfeasance, emailed a letter to the court regarding documents on the record. He did not copy counsel for the parties, nor did he seek leave to intervene. Instead of noting the impropriety of the correspondence, the court immediately entered the letter into the record. ECF No. 258.

Emboldened by the positive reception Mr. Strzok’s letter received, counsel to
Andrew McCabe sent a similar letter to Judge Sullivan’s chambers on October 5,
2020. On October 7, 2020, this court entered that letter, too, into the record of this case. ECF No. 263. Neither Peter Strzok nor Andrew McCabe is a party to this litigation, and their attorneys have no role in this litigation.”

Read more:

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.267.0.pdf

 

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General Flynn filing Oct 7, 2020 of newly released FBI notes Jan 25, 2017, Another smoking gun, “We know truth of something being falsely stated to public”

General Flynn filing Oct 7, 2020 of newly released FBI notes Jan 25, 2017, Another smoking gun, “We know truth of something being falsely stated to public”

“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October

“her client was “totally set up” because he threatened to expose wrongdoing by top intelligence officials in the Obama administration.

“He was going to audit the intel agencies because he knew about the billions Brennan and company were running off the books,” Powell said, referring to former CIA Director John Brennan.”…Sidney Powell, Vickie McKenna Show

On Judge Sullivan: “if there was any doubt up to this point whether his conduct gives the appearance of partiality, that doubt is gone.”...Judge Rao dissenting opinion

 

From United States v Michael Flynn October 7, 2020.

“FIFTH SUPPLEMENT IN SUPPORT OF AGREED DISMISSAL
On May 7, 2020, the Government moved to dismiss the prosecution of General
Flynn. ECF No. 198. Until this case is dismissed with prejudice, the Government
has a continuing obligation to provide to the defense all evidence that is exculpatory of General Flynn, establishes misconduct by the Government in its many capacities that contributed to this wrongful prosecution, or otherwise is favorable to the defense. Brady v. Maryland, 373 U.S. 83 (1963). The defense has a continuing obligation to make a record that mandates this dismissal. Today the Government produced a single page of FBI notes from January 25, 2020 taken by a lawyer in the FBI’s Office of General Counsel. In that meeting it was clear, the day after the FBI’s interview of General Flynn, that “no reasonable prosecutor” would bring a Logan Act charge regarding the December 29, 2016 phone call with Ambassador Kislyak, which was similar to communications by “other transition teams.””

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.264.0.pdf

In the note of January 25, 2017 the following is stated:

“We know truth of something being falsely stated to public”

FlynnFBInotesJan252017

 

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Michael Flynn motion to disqualify Judge Sullivan October 7, 2020,  Judge Sullivan: “cast an intolerable cloud of partiality over his subsequent judicial conduct”

Michael Flynn motion to disqualify Judge Sullivan October 7, 2020,  Judge Sullivan: “cast an intolerable cloud of partiality over his subsequent judicial conduct”

“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October

“her client was “totally set up” because he threatened to expose wrongdoing by top intelligence officials in the Obama administration.

“He was going to audit the intel agencies because he knew about the billions Brennan and company were running off the books,” Powell said, referring to former CIA Director John Brennan.”…Sidney Powell, Vickie McKenna Show

On Judge Sullivan: “if there was any doubt up to this point whether his conduct gives the appearance of partiality, that doubt is gone.”...Judge Rao dissenting opinion

 

From United States v Michael Flynn October 7, 2020.

Pursuant to 28 U.S.C. §§ 455(a), (b)(1), and (b)(5)(i), General Michael T. Flynn
moves to disqualify Judge Emmet G. Sullivan from further participation in this case. At least by the time of his failure to follow the mandamus of the D.C. Circuit panel and his decision with his own retained counsel to take the unprecedented and improper step of filing his petition for rehearing en banc, Judge Sullivan “cast an intolerable cloud of partiality over his subsequent judicial conduct” and “risk[ed] [] undermining the public’s confidence in the judicial process.” In re Al Nashiri, 921 F.3d 224, 237, 239 (D.C. Cir. 2019). ““[A]ll that must be demonstrated to compel recusal,” then, is “a showing of an appearance of bias…sufficient to permit the average citizen reasonably to question a judge’s impartiality.”” Id. at 234. Judge Sullivan satisfied that standard when he actively litigated against General Flynn. He has since far exceeded it—rising to the level of demonstrating actual bias. The
court’s contempt and disdain for the defense was palpable throughout the hearing on September 29, 2020, including when defense counsel made an oral motion for his immediate disqualification, which he refused to allow even to be fully stated for the record. Hr’g Tr., United States v. Flynn, No. 17-232, (D.D.C. Sept. 29, 2020) at 64-65 (hereinafter “Hr’g Tr. 09-29-20”). Accordingly, the defense files this motion to confirm the oral motion made at the hearing.”

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.261.0_1.pdf

 

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Michael Flynn motion hearing Sept 29, 2020 video teleconference, Judge Emmett Sullivan, oral argument from  government, Flynn, and amicus curiae

Michael Flynn motion hearing Sept 29, 2020 video teleconference, Judge Emmett Sullivan, oral argument from  government, Flynn, and amicus curiae

“Instead of doing so, the government has continued to defy its
constitutional, ethical and legal obligations to this Court and to the defense, and to hide evidence that it knows exonerates Mr. Flynn. As is the essence of the problem here, instead of protecting its citizens, the “government” is protecting its own criminal conduct and operatives.”…Attorney Sidney Powell October

“her client was “totally set up” because he threatened to expose wrongdoing by top intelligence officials in the Obama administration.

“He was going to audit the intel agencies because he knew about the billions Brennan and company were running off the books,” Powell said, referring to former CIA Director John Brennan.”…Sidney Powell, Vickie McKenna Show

On Judge Sullivan: “if there was any doubt up to this point whether his conduct gives the appearance of partiality, that doubt is gone.”...Judge Rao dissenting opinion

***  Update 5:18 from the court  ***

“Minute Entry for proceedings held before Judge Emmet G. Sullivan:Motion Hearing Via VTC as to MICHAEL T. FLYNN held on 9/29/2020 re 198 MOTION to Dismiss Case filed by USA. The Court Heard Oral Arguments From Government Counsel, Defense Counsel And Amicus. The Court Will Issue A Minute Order. The Court Will Take This Matter Under Advisement. Bond Status of Defendant: WAS NOT PRESENT; REMAINS ON PERSONAL RECOGNIZANCE; Court Reporter: LISA BANKINS; Defense Attorney: SIDNEY POWELL; JESSE BINNALL; US Attorney: KENNETH KOHL/ HASHIM MOOPPAN; Amicus: John Gleeson (mac)”

*********************************

Public audio access to Flynn hearing:

Prior to the start time of the hearing, dial the public access teleconference number for the presiding Judge and enter the access code when prompted, followed by the pound (#) sign. Due to technical limits on the number of dial-in listeners who may be accommodated, you may wish to establish your connection at least 10 minutes early to ensure access.

Wait for the hearing to begin. You will be automatically muted and will not be heard by the Judge or participants in the hearing.

The motion hearing scheduled for September 29, 2020 at 11:00 AM shall now take place via VIDEO TELECONFERENCE (VTC). The Courtroom Deputy Clerk shall contact the parties to provide the dial-in information. The public and media may listen to the hearing by dialing in to one of the following teleconference numbers and entering the access code when prompted: 877-336-1839 (access code 5524636); 888-363-4734 (access code 6114909); 877-336-1839 (access code 1429888); 877-402-9753 (access code 2090166); 888-557-8511 (access code 4140864); 888-273-3658 (access code 1773796). Persons joining via teleconference will be automatically muted and will not be heard by the Court or participants in the hearing. Signed by Judge Emmet G. Sullivan on 9/25/2020. (lcegs3)

 

From US v Michael Flynn.

“MINUTE ORDER as to MICHAEL T. FLYNN. In view of the motion hearing on September 29, 2020, the Court shall hear oral argument from the government, Mr. Flynn, and the Court-appointed amicus curiae. See L. Civ. R. 7(o)(6) (“An amicus curiae may participate in oral argument only with the court’s permission.”); see also United States v. Fokker Servs. B.V., 818 F.3d 733, 737 (D.C. Cir. 2016). Signed by Judge Emmet G. Sullivan on 9/23/2020. (lcegs3)”

“MINUTE ORDER as to MICHAEL T. FLYNN. The motion hearing scheduled for September 29, 2020 at 11:00 AM shall now take place via VIDEO TELECONFERENCE (VTC). The Courtroom Deputy Clerk shall contact the parties to provide the dial-in information. The public and media may listen to the hearing by dialing in to one of the following teleconference numbers and entering the access code when prompted: 877-336-1839 (access code 5524636); 888-363-4734 (access code 6114909); 877-336-1839 (access code 1429888); 877-402-9753 (access code 2090166); 888-557-8511 (access code 4140864); 888-273-3658 (access code 1773796). Persons joining via teleconference will be automatically muted and will not be heard by the Court or participants in the hearing. Signed by Judge Emmet G. Sullivan on 9/25/2020. (lcegs3)”

https://www.courtlistener.com/docket/6234142/united-states-v-flynn/?page=3

 

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Amy Coney Barrett President Trump pick for SCOTUS, Judge U.S. Court of Appeals for the Seventh Circuit, Clerked for Justice Antonin Scalia

Amy Coney Barrett President Trump pick for SCOTUS, Judge U.S. Court of Appeals for the Seventh Circuit, Clerked for Justice Antonin Scalia

“I made it absolutely clear that I would go forward with a confirmation process as [Senate Judiciary] chairman, even a few months before a presidential election, if the nominee were chosen with the advice, and not merely the consent, of the Senate, just as the Constitution requires,” ..Joe Biden, Georgetown Law School 2016

“When there is a vacancy on the SCOTUS, the President is to nominate someone, the Senate is to consider that nomination … There’s no unwritten law that says that it can only be done on off-years. That’s not in the Constitution text.”...Barack Obama 2016

“Even if President Trump wants to put forward a name now, the Senate should not act until after the American people select their next president, their next Congress, their next Senate,”...Joe Biden 2020 

 

The NY Times is calling it:

“President Trump has selected Judge Amy Coney Barrett, the favorite candidate of conservatives, to succeed Justice Ruth Bader Ginsburg and will try to force Senate confirmation before Election Day in a move that would significantly alter the ideological makeup of the Supreme Court for years.

Mr. Trump plans to announce on Saturday that she is his choice, according to six people close to the process who asked not to be identified disclosing the decision in advance. As they often do, aides cautioned that Mr. Trump sometimes upends his own plans.

But he is not known to have interviewed any other candidates and came away from two days of meetings with Judge Barrett this week impressed with a jurist he was told would be a female Antonin Scalia, referring to the justice she once clerked for. On Friday night, Judge Barrett was photographed getting out of her car outside her home in South Bend, Ind.

“I haven’t said it was her, but she is outstanding,” Mr. Trump told reporters who asked about Judge Barrett’s imminent nomination at Joint Base Andrews outside Washington after CNN and other news outlets reported on his choice.

https://www.nytimes.com/2020/09/25/us/politics/amy-coney-barrett-supreme-court.html

From The University of Notre Dame Law School.

“The Honorable Amy Coney Barrett was confirmed as a judge on the U.S. Court of Appeals for the Seventh Circuit in October 2017. She is a Notre Dame Law School alumna and has taught as a member of the Law School’s faculty since 2002.

Judge Barrett teaches and researches in the areas of federal courts, constitutional law, and statutory interpretation. Her scholarship in these fields has been published in leading journals, including the Columbia, Virginia, and Texas Law Reviews. From 2010-2016, she served by appointment of the Chief Justice on the Advisory Committee for the Federal Rules of Appellate Procedure. She has been selected as “Distinguished Professor of the Year” by three of the Law School’s graduating classes.

Judge Barrett earned her B.A. in English literature, magna cum laude, from Rhodes College, where she was elected to Phi Beta Kappa and, among other honors, was chosen by the faculty as the most outstanding graduate in the college’s English department. She earned her J.D., summa cum laude, from Notre Dame, where she was a Kiley Fellow, earned the Hoynes Prize, the Law School’s highest honor, and served as executive editor of the Notre Dame Law Review.

Before joining the Notre Dame faculty, Judge Barrett clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit and for Associate Justice Antonin Scalia of the U.S. Supreme Court. As an associate at Miller, Cassidy, Larroca & Lewin in Washington, D.C., she litigated constitutional, criminal, and commercial cases in both trial and appellate courts. Judge Barrett has served as a visiting associate professor and John M. Olin Fellow in Law at the George Washington University Law School,  as a visiting associate professor of law at the University of Virginia and is a member of the American Law Institute (ALI).”

Read more:

https://law.nd.edu/directory/amy-barrett/

Lawyer and law clerk endorsement letter:

https://law.nd.edu/assets/253073/amybarrettscotus.pdf

 

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Biden 2016: “Under my chairmanship, every Supreme Court nominee was given a hearing and a vote in the Judiciary Committee”, NY times

Biden 2016: “Under my chairmanship, every Supreme Court nominee was given a hearing and a vote in the Judiciary Committee”, NY times

 

“I made it absolutely clear that I would go forward with a confirmation process as [Senate Judiciary] chairman, even a few months before a presidential election, if the nominee were chosen with the advice, and not merely the consent, of the Senate, just as the Constitution requires,” ..Joe Biden, Georgetown Law School 2016

“When there is a vacancy on the SCOTUS, the President is to nominate someone, the Senate is to consider that nomination … There’s no unwritten law that says that it can only be done on off-years. That’s not in the Constitution text.”...Barack Obama 2016

“Even if President Trump wants to put forward a name now, the Senate should not act until after the American people select their next president, their next Congress, their next Senate,”...Joe Biden 2020 

 

Is this the man you want for our next president?

Corrupt career politician Joe Biden.

A liar and hypocrite.

From The Daily Mail September 20, 2020.

“Former Vice President Joe Biden appealed to Senate Republicans Sunday not to allow President Trump to ‘jam’ through’ a Supreme court pick – and said if he himself wins in November, it should be he who gets to make the selection.

‘This appointment isn’t about the past. It’s about the future. And the people of this nation are choosing their future right now as they vote,’ Biden said in a speech in Philadelphia Sunday.

‘To jam this nomination through the Senate is just an exercise in raw political power, and I don’t believe the people of this nation will stand for it,’ Biden said.”

“‘Even if President Trump wants to put forward a name now, the Senate should not act until after the American people select their next president, their next Congress, their next Senate,’ he added. ”

Read more:

https://www.dailymail.co.uk/news/article-8753323/Joe-Biden-calls-Donald-Trumps-Supreme-Court-nominee-WITHDRAWN-loses.html

From the NY Times March 3, 2016.

“IN my 36-year tenure in the United States Senate — nearly half of it as chairman or ranking Democrat on the Judiciary Committee — I presided or helped preside over nine nominees to the Supreme Court, from both Republican and Democratic presidents. That’s more than anyone else alive today.

In every instance we adhered to the process explicitly laid out in the Constitution: The president has the constitutional duty to nominate; the Senate has the constitutional obligation to provide advice and consent. It is written plainly in the Constitution that both presidents and senators swear an oath to uphold and defend.”

“Under my chairmanship, every Supreme Court nominee was given a hearing and a vote in the Judiciary Committee. And I made sure every nominee was given a full vote on the floor of the Senate, even those whose initial vote in the Judiciary Committee had failed, and even those whom I opposed. Only those who withdrew did not get floor votes. This position earned me the anger of my own party. But I believed strongly that the Constitution, clearly and plainly, calls for all 100 senators to advise and consent on nominees — not just the handful on the Judiciary Committee.”

“I know there is an argument that no nominee should be voted on in the last year of a presidency. But there is nothing in the Constitution — or our history — to support this view. Justice Anthony M. Kennedy was confirmed in the last year of Ronald Reagan’s second term. I know. I was chairman of the Judiciary Committee at the time. And we promptly gave him a hearing, a vote in committee and a full vote on the floor.”

Read more:

https://www.nytimes.com/2016/03/04/opinion/joe-biden-the-senates-duty-to-advise-and-consent.html

USA Memes

 

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Assange Seth Rich DNC leaks truth, All forces of left (evil) harnessed to suppress revelations, High powered attorneys intimidate, Obama holdovers still control

Assange Seth Rich DNC leaks truth, All forces of left (evil) harnessed to suppress revelations, High powered attorneys intimidate, Obama holdovers still control

“Replying to this last point, the prosecution pointed out that a Grand Jury against Assange had been established by Obama and there was no indication the investigation had been closed. Feldstein agreed, the “Obama administration was very eager to file charges against Assange and they conducted a very aggressive investigation.” All of which speaks for the point that Assange is being sought for political reasons—motivations which are common to the whole American ruling class. It was current Democratic Party presidential candidate Joe Biden who branded the WikiLeaks publisher and journalist a “high-tech terrorist.””…Laura Tiernan and Thomas Scripps, Sept 9, 2020

“In the media, Hannity has been one of the loudest voices to warn of the dangers of a “deep state”. On Thursday, he called for Mr Trump to “purge” the executive branch of Obama-era bureaucrats and appointees.”…The Telegraph March 11, 2017

“Why John Brennan, Peter Strzok and DOJ Needed Julian Assange Arrested”…The Conservative Treehouse November 3, 2019

 

The left, the Democrats, the Deep State. Obama holdovers employing high powered law firms and corrupt judges have done their best to hide and obfuscate the truth surrounding the DNC leaks and possible involvement by Seth Rich.

Many of those asking questions early on such as Fox News and the Washington Times were threatened and subsequently sued or threatened to be.

At least 4 lawsuits are still active involving the Rich Family, Fox News, Ed Butowsky and others.

Many of us question how the Rich Family could afford such expensive law firms.

On March 1, 2018 the Washington Times posted an Analysis/Opinion by Admiral James A. Lyons. It was scrubbed by the Times after a lawsuit was threatened by Aaron Rich. It is presented in entirety from the Wayback Machine.

“With the clearly unethical and most likely criminal behavior of the upper management levels of the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) exposed by Chairman Devin Nunes of the House Intelligence Committee, there are two complementary areas that have been conveniently swept under the rug.

The first deals with the murder of the Democratic National Committee (DNC) staffer Seth Rich, and the second deals with the alleged hacking of the DNC server by Russia. Both should be of prime interest to special counsel Robert Mueller, but do not hold your breath.

The facts that we know of in the murder of the DNC staffer, Seth Rich, was that he was gunned down blocks from his home on July 10, 2016. Washington Metro police detectives claim that Mr. Rich was a robbery victim, which is strange since after being shot twice in the back, he was still wearing a $2,000 gold necklace and watch. He still had his wallet, key and phone. Clearly, he was not a victim of robbery.

This has all the earmarks of a targeted hit job. However, strangely no one has been charged with this horrific crime, and what is more intriguing is that no law enforcement agency is even investigating this murder. According to other open sources, Metro police were told by their “higher ups” that if they spoke about the case, they will be immediately terminated. It has been claimed that this order came down from very high up the “food chain,” well beyond the D.C. mayor’s office. Interesting.

One more unexplained twist is that on July 10, 2016, the same day Seth Rich was murdered, an FBI agent’s car was burglarized in the same vicinity. Included in the FBI equipment stolen was a 40 caliber Glock 22. D.C. Metro police issued a press release, declaring that the theft of the FBI agent’s car occurred between 5 and 7 a.m. Two weeks later, the FBI changed the time of the theft to between 12 a.m. and 2 a.m. Was the FBI gun used to shoot Seth Rich? Neither the FBI nor the Metro police will discuss.

Another aspect that needs to be uncovered is the FBI’s “denial” that its cyber experts who share space with the D.C. Metro police department at Cleveland Avenue in the District, assisted in accessing data on Mr. Rich’s laptop. Not likely. Data on the laptop revealed that Mr. Rich downloaded thousands of DNC emails and was in touch with Wikileaks. The file with evidence of what was on Mr. Rich’s laptop sits with the FBI in a co-shared space with the D.C. police department. According to Ed Butowsky, an acquaintance of the family, in his discussions with Joel and Mary Rich, they confirmed that their son transmitted the DNC emails to Wikileaks.

Since then, the DNC hired a “spokesperson,” Brad Burman, a known hatchet man to basically cut off any further communications with Mr. Rich’s parents. Interestingly, it is well known in the intelligence circles that Seth Rich and his brother, Aaron Rich, downloaded the DNC emails and was paid by Wikileaks for that information.

While Wikileaks doesn’t expose sources, Julian Assange gave a clear clue during an Aug. 9, 2016 interview on Dutch television when he implied that Mr. Rich was killed because he was the Wikileaks source of the DNC emails. Mr. Assange offered a $20,000 reward leading to the arrest of Mr. Rich’s killers. Also, why hasn’t Aaron Rich been interviewed, and where is he?

With regard to the alleged Russian hacking of the DNC server, Mr. Assange also offered information to the Trump administration to prove Russia didn’t hack the DNC server, as the DNC claimed. Mr. Assange also met with Orange Country Rep. Dana Rohrabacher, California Republican, and gave him information to present to the Trump administration to prove no one hacked the DNC server.

However, with the Obama holdovers in key positions, it is not surprising that no one from the Trump administration would meet with the congressman or Mr. Assange. New Zealand tech expert Kim DotCom said he has proof that both he and Seth Rich were involved in passing the emails to Wikileaks, but he has been ignored as well.

The FBI opened an investigation into the theft of the DNC emails in July 2016. However, the FBI has not inspected the DNC server because the DNC won’t give permission. Is the FBI an extension of the DNC? That’s why we have subpoenas. Instead, the FBI relied on an assessment by a cyber security firm, Crowd Strike, hired by the Hillary Clinton campaign and DNC’s law firm Perkins Coie as proof that Russia was the hacker. Incompetence is an understatement. Corruption at the highest levels of the DOJ/FBI is clear.

The Trump administration must take charge and get a competent attorney general to pursue these crimes.”

https://web.archive.org/web/20180317141023/https://www.washingtontimes.com/news/2018/mar/1/more-cover-up-questions/

The original link now yields:

– – Sunday, September 30, 2018

The Washington Times published an op-ed column titled, “More cover-up questions: The curious murder of Seth Rich poses questions that just won’t stay under the official rug,” by Adm. James Lyons (Ret.) (the “Column”), on March 1 online and on March 2 in its paper editions. The Column included statements about Aaron Rich, the brother of former Democratic National Committee staffer Seth Rich, that we now believe to be false.

One such statement was that: “Interestingly, it is well known in the intelligence circles that Seth Rich and his brother, Aaron Rich, downloaded the DNC emails and was paid by Wikileaks for that information.” The Washington Times now does not have any basis to believe any part of that statement to be true, and The Washington Times retracts it in its entirety.

The Column also stated: “Also, why hasn’t Aaron Rich been interviewed [by law enforcement], and where is he?” The Washington Times understands that law enforcement officials have interviewed Mr. Rich and that he has cooperated with their investigation. The Washington Times did not intend to imply that Mr. Rich has obstructed justice in any way, and The Washington Times retracts and disavows any such implication.”

https://www.washingtontimes.com/news/2018/sep/30/retraction-aaron-rich-and-murder-seth-rich/

One of the usual left supporting sites Wikipedia, provided the following:

“On March 1, 2018, the Washington Times published an article by Lyons prompting a conspiracy theory around the death of Democratic Party staffer Seth Rich. The article falsely claimed it was “well known in the intelligence circles” that Rich and his brother were paid by WikiLeaks for the DNC emails, which the leaks site published online, causing chaos in the Democratic party during the 2016 election.[4] The family sued, and the article was retracted with an apology.”

No one at Wikipedia was qualified to state the following:

“The article falsely claimed it was “well known in the intelligence circles” that Rich and his brother were paid by WikiLeaks for the DNC emails”

A more honest reporting would be to state that the claim was as yet uncorroborated.

Admiral James A. Lyons, however, is imminently qualified to speak about intelligence matters.

From one of his obituaries:

“Born in New Jersey to James A. and Marion F. Lyons, he entered the United States Naval Academy in June 1948 from the Naval Reserve and graduated with the Class of 1952. He served as a Surface Warfare Officer until his retirement as a four-star admiral and Commander-in-Chief of the U.S. Pacific Fleet on Oct. 1, 1987.

His early years of naval service were with surface combatants where he developed an extraordinary understanding of naval warfare that carried him through a brilliant career. It was also when he met and married Renee Wilcox Chevalier of Washington, D.C., in 1954. She was the love of his life for 64 years.

His early sea assignments included the Sixth Fleet flagship USS Salem (CA 139) and USS Miller (DD 535). Later sea assignments included command of the destroyer USS Charles S. Sperry (DD 967) and guided missile cruiser USS Richmond K. Turner (DLG 20). Intermixed were staff assignments in the Pentagon with the Chief of Naval Operations and the Joint Chiefs of Staff, which played a major role in developing the outstanding strategic knowledge that characterized his Navy career. A principal advisor on significant Joint Chiefs of Staff matters, he was key in the development of the Navy Red Cell, an anti-terrorism group comprised of Navy Seals established in response to the 1983 bombing of the Marine Corps barracks in Beirut. He was a graduate of both the Naval War College and the National War College and his shore assignments included wide and significant experience in strategic planning and national security affairs.

In July 1981, upon being promoted to the grade of vice admiral, he took command of the U.S. Second Fleet, where he directed and conducted maritime operations throughout the Atlantic. Admiral Lyons showed his bold, aggressive naval strategies during the Cold War with the Soviet Union without firing a shot. He assumed command of the U.S. Pacific Fleet in September 1985, upon his promotion to admiral. It was during this time that he led three Pacific Fleet ships on the first U.S. Navy ship visit to the People’s Republic of China in 37 years. Also during this tour, he sent the hospital ship USNS Mercy (T-AH-19), a converted oil tanker, on her inaugural mission to provide humanitarian aide to the Philippines and the South Pacific. He continued his active involvement in Project Hope and other humanitarian organization in the United States and overseas after retirement from the Navy.

Admiral Lyons’ Navy awards include two Distinguished Service Medals, the Defense Superior Service Medal, the Navy Expeditionary Medal (Cuba), Humanitarian Service and Armed Forces Expeditionary Medal (Lebanon), the French Legion D’Honneur and the Republic of Korea Order of National Security Merit.

In August 1987, Admiral Lyons retired from the Navy after 36 years of service and began an equally impressive career as President/CEO of LION Associates LLC, a premier global consulting company providing National Security advice. He was Chairman of the Center for Security Policy’s Military Committee and the senior member of the Citizens Commission on Benghazi. He served on the Advisory Board to the Director of the Defense Intelligence Agency and was a consultant to Lawrence Livermore National Laboratory on issues of counterterrorism. He recently received an IMPACT Award, which honors unsung Leaders Defending Liberty and specifically his profound impact on this country’s liberty and freedom. His actions were driven by a profound desire to do what was right for our country and civilization.”

https://www.fauquiernow.com/fauquier_news/obituary/fauquier-james-ace-lyons-jr-2018

So why did the Washington Times and others, throw the baby out with the bath water?