Category Archives: US Constitution

Arizona election update Nov 14, 2020, 19.5k less senate than president votes, 42k just Biden?, Dominion mish mash, Sidney Powell to release the Kraken 

Arizona election update Nov 14, 2020, 19.5k less senate than president votes, 42k just Biden?, Dominion mish mash, Sidney Powell to release the Kraken

“.@realDonaldTrump has made it abundantly clear he’s more interested in pandering to his neo-nazi base than being @POTUS for all Americans.”…Katie Hobbs Arizona Secretary of State

“Attorney Sidney Powell 42k ballots in Arizona with only Joe Biden selected on ballots”…Maria Bartiroma show

“Mantra of the left: The end justifies the means.”…Citizen Wells

 

First consider the following:

President Trump and Joe Biden are separated by .32%.

Attorney Sidney Powell on November 8, 2020 stated there were 42k ballots in Arizona  with only Biden selected.

Arizona Secretary of State Katie Hobbs tweeted the following on August 15, 2017:

“.@realDonaldTrump has made it abundantly clear he’s more interested in pandering to his neo-nazi base than being @POTUS for all Americans.”

NOW THE FOLLOWING.

Not only is Arizona using Dominion election hardware and software, they have a mish mash that would be troubling under the most honest and professional circumstances.

https://citizenwells.com/2020/11/12/arizona-voting-machines-tabulators-analysis-and-controversies-hardware-software-procedures-security-trump-lawsuit-exposes-and-questions-procedures/

From Citizen Wells November 13, 2020.

“Arizona’s mandated “hand count audit” is practically worthless.

It selects 2% of ballots by county from the “universe” of ballots that it received and kept and all that it effectively proves is that the tabulators function the same way as during the initial count.”

“An examination of the Maricopa County ‘audit” raises a least one red flag.

The difference between the presidential and senate votes.

President votes:  2,894

Senator votes:   2,678

A difference of 216.

Taking this 2% to 100% of the county the total difference for the county is

10,800.

That is the approximate current Biden lead.”

https://citizenwells.com/2020/11/13/arizona-mandated-hand-count-audit-raises-more-questions-than-answers-maricopa-county-10-8k-less-senate-votes-sidney-powell-42k-ballots-only-biden/

From the count this morning, there are actually 19,522 more presidential than senate votes in Maricopa County alone.

Are these some of the Biden only ballots Sidney Powell referred to?

Attorney Sidney Powell on the Lou Dobbs last night said:

“I’m going to RELEASE THE KRAKEN”

From RT.com November 14, 2020.

“‘I’m going to RELEASE THE KRAKEN’: Michael Flynn’s attorney vows to expose Dem collusion behind prominent voting machine firm
Republican attorney Sidney Powell has vowed to “expose every one of” the officials who helped allegedly steal the 2020 election for Democrat Joe Biden, claiming voting machine maker Dominion Voting Systems facilitated the theft.

Powell, who is representing former Trump National Security Advisor Michael Flynn in his Russiagate-spawned legal battle, leveled her own allegations of foreign collusion and election meddling on Fox News’ Lou Dobbs Tonight show on Friday. Threatening those responsible with a “new American revolution,” she called for a sweeping probe into what she described as a longstanding pattern of election interference.

Claiming Dominion Voting Systems, one of the largest makers of voting machines for the US, “was created to produce altered voting results in Venezuela for [socialist leader] Hugo Chavez,” Powell argued that the system – which she said was funded by Cuba and China as well as Caracas – is little more than an election-fixing operation.

Dominion has “been used all over the world to defy the will of people who wanted freedom,” she declared.

President Trump won this election in a landslide. It’s going to be irrefutable.

“Patriots are coming forward all day every day” with “statistical evidence that shows just hundreds of thousands of votes being put in and replicated” to swing the vote to Biden, Powell said, suggesting Big Tech and the media establishment had finished the job by covering up for Dominion and its political cronies.”

Read more:

https://www.rt.com/usa/506698-powell-kraken-dominion-election-fraud/

 

 

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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

Ҥ 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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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 dismissal filing Sept. 24, 2020, Third supplement , New documents reveal “outrageous, deliberate misconduct by FBI and DOJ”

General Flynn dismissal filing Sept. 24, 2020, Third supplement , New documents reveal “outrageous, deliberate misconduct by FBI and DOJ”

“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 the September 24, 2020 filing by Attorney Sidney Powell in the US v Michael Flynn case.

THIRD SUPPLEMENT IN SUPPORT OF AGREED DISMISSAL.

“Late last night, the Government produced yet another tranche of
documents—its fifth production of exculpatory evidence since April of 2020, and its third since filing its massive Motion to Dismiss. ECF Nos. 198, 231, 237. According to the Government’s production correspondence: “The documents include handwritten notes of former Deputy Assistant Director Peter Strzok (23501 & 23503) and former Deputy Director Andrew McCabe (23502); and internal text messages between FBI analysts who worked on the Flynn matter (23504- 23516); . . . additional text messages between former DAD Strzok and Lisa Page (23516-23540).” The 41 pages of additional evidence demonstrate (i) his innocence; (ii) the absence of any crime; (iii) government misconduct in the investigation of General Flynn; and (iv) continuing prosecutorial misconduct in the suppression of evidence favorable to the defense in violation of Brady v. Maryland and this Court’s Brady order. ECF No. 20.

These documents provide information long known to the agents and others at
the highest levels of the Department of Justice and the FBI; information long
concealed by the Special Counsel and FBI. This evidence shows outrageous,
deliberate misconduct by FBI and DOJ—playing games with the life of a national
hero. It negates multiple essential elements required for the prosecution of a false statement offense and any “offense” even considered in relationship to Flynn Intel Group’s review of open source information regarding Fethullah Gulen and the Muslim Brotherhood.

This remarkable new production shows that in August of 2016, the FBI
analysts discussed the preference of some agents for a Clinton Presidency—a known quantity—“instead of a wild card like [T]rump.”

In messages exchanged on the FBI’s “Lync” messaging system in October of
2016, FBI employees exchanged messages about the “Crossfire Road Show,” stating that they were “interested to see how this all plays out.” They knew exactly how bad it was: “I’m tellying man, if this thing ever gets FOIA’d, there are going to be some tough questions asked.””

Read more:

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.248.0_2.pdf

 

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Jonathan Turley et al schooled on Kamala Harris NBC status by Citizen Wells commenter, Turley commenter and of course Wells, Harris not Natural Born Citizen

Jonathan Turley et al schooled on Kamala Harris NBC status by Citizen Wells commenter, Turley commenter and of course Wells, Harris not Natural Born Citizen

“The judicial power of the United States is extended to all cases arising under the constitution. Could it be the intention of those who gave this power, to say that, in using it, the constitution should not be looked into? That a case arising under the constitution should be decided without examining the instrument under which it arises? This is too extravagant to be maintained.”
“Why does a judge swear to discharge his duties agreeably to the constitution of the United States, if that constitution forms no rule for his government? if it is closed upon him, and cannot be inspected by him?”…Marbury V Madison

“Every American President before Obama had two parents who were American citizens.”...Jonathan Turley commenter George

“The Natural Born Citizen requirement for the US Presidency should have been ruled on and clarified in 2008 by the SCOTUS. Marbury v Madison makes that clear. To not do so now would be treasonous.”…Citizen Wells

 

A decision was made at Citizen Wells in 2008 to go for quality over quantity in commenters. It has paid off.

The spam filters stay busy.

Longtime quality commenter Pete is a fine example.

He schools Jonathan Turley, et al on the qualifications to be POTUS as a Natural Born Citizen.

From Pete today.

“The issue for people like Turley, is that they are hung up on British Common Law and it’s consequences to the United States Criminal Justice system. Since most Americans are ignorant of their history and heritage, this is what you get.

Specifically, the US Supreme court needs to interpret the term “Natural Born Citizen”. The framers intent, that one could never be “King of England” and President of the United States, put the term into the requirements for POTUS, and the 12th Amendment added the requirement for VPOTUS. The did this to prevent ‘entanglements’. Please see letters from John Jay to George Washington, to understand that the Commander in Chief of the Military couldn’t have dual loyalties.

The poorly educated, or those that simply want a work around to the Constitution use English Common law reference for British Subjects to subvert the Constitution and the Republic. Yet these opinions have no explanation for why the War of 1812 was fought (over press ganging of US sailors who were born as British Subjects), and understanding that We the People ABSOLUTELY did not accept British Common law as it pertains to our citizens. However, the Founding Father’s clearly understood that they were born British Subjects, so that had to put an exemption into the Constitution, so that those born before 1790 didn’t have to be “Natural Born”.

So…..Where did the term Natural Born Citizen come from? Clearly it wasn’t British because 1) We didn’t accept British Common law on our citiizens. 2) British are born as Subjects, NOT CITIZENS, in that time and place. Therefore, we must look elsewhere to find what the founding fathers were reading to understand their intent. Herein lies the history of who were were allied with in 1790, and it wasn’t the British. Yes, we were most definitively allied with the French. Indeed, the answer lies here.

https://oll.libertyfund.org/titles/vattel-the-law-of-nations-lf-ed

The answer is France, and a unique piece of critical thinking at the time. Vattel’s work on laws of nations.

However, claiming that it was Vattel that they turned to, without evidence, is making a story whole cloth. On the other hand, if there were proof that those individuals who conspired to create the Republic were aware of Vattel, read Vattel, then it becomes obvious that the Term “Natural Born Citizen” is derived from that work.

https://www.reuters.com/article/us-library-washington/george-washingtons-library-book-returned-221-yrs-late-idUSTRE64J4EG20100520

“The missing book came to light when the New York Society Library was restoring its 1789-1792 charging ledger, which features the borrowing history of Washington, John Adams, John Jay, Aaron Burr, Alexander Hamilton, George Clinton, and others.”

Lawyers lie, and History leaves NO DOUBT that they were reading and exchanging about Vattel’s Law of Nations. Natural Born Citizen, under Vattel, is and individual without divided loyalties at birth. That person, born of two citizen parents, on citizen soil, could claim no other country and could not be claimed by another. There was no conflict.

This story can only be understood under the geopolitical events of the time of the writing of the Constitution. We know the geopolitical events, we have the evidence of whose ideas they talked about and read, and we know why. Today’s Democrats and those Ignorant of the Constitution would destroy it and distort our history to bring their ‘new’ government. That political history is not in doubt now that we know the last POTUS used government itself to subvert the Republic as he spied on his political opponents.

In the words of our founding fathers “I hold these truths to be self evident”. The SCOTUS needs to make a decision, to take up the burden and decide upon the fate of the Republic by ‘determining’ what the term Natural Born Citizen meant.”

From astute commenter George at Jonathan Turley’s website commenting on

“Kamala Harris will NEVER be eligible to be U.S. president or vice president.

Kamala Harris’ parents were foreign citizens at the time of her birth.

– A mere “citizen” could only have been President at the time of the adoption of the Constitution – not after.

– The U.S. Constitution, Article 2, Section 1, Clause 5, requires the President to be a “natural born citizen,” which, by definition in the Law of Nations, requires “parents who are citizens” at the time of birth of the candidate and that he be “…born of a father who is a citizen;…”

– Ben Franklin thanked Charles Dumas for copies of the Law of Nations which “…has been continually in the hands of the members of our Congress, now sitting,…”

– “The importance of The Law of Nations, therefore, resides both in its systematic derivation of international law from natural law and in its compelling synthesis of the modern discourse of natural jurisprudence with the even newer language of political economy. The features help to explain the continuing appeal of this text well into the nineteenth century among politicians, international lawyers and political theorists of every complexion,” Law of Nations Editors Bela Kapossy and Richard Whatmore.

– The Jay/Washington letter of July, 1787, raised the presidential requirement from citizen to “natural born citizen” to place a “strong check” against foreign allegiances by the commander-in-chief.

– Every American President before Obama had two parents who were American citizens.

– The Constitution is not a dictionary and does not define words or phrases like “natural born citizen” as a dictionary, while the Law of Nations, 1758, did.”

“The “case law” is the pudding – it is in the Jay/Washington letter which imposed a “STRONG CHECK” against candidates for president and command in chief as citizenship status – the strongest check, “natural born citizen,” being far stronger than “citizen,” the only formal and complete definition existing in the Law of Nations, 1758, which “…has been continually in the hands of the members of our Congress, now sitting,….” according to Ben Franklin.

“Natural Born Citizen”- Strong Check

“Citizen” – Weak Check
___________________

To George Washington from John Jay, 25 July 1787

From John Jay

New York 25 July 1787

Dear Sir

I was this morning honored with your Excellency’s Favor of the 22d

Inst: & immediately delivered the Letter it enclosed to Commodore

Jones, who being detained by Business, did not go in the french Packet,

which sailed Yesterday.

Permit me to hint, whether it would not be wise & seasonable to

provide a strong check to the admission of Foreigners into the

administration of our national Government, and to declare expressly that the Command in chief

of the american army shall not be given to, nor devolved on, any but a natural born Citizen.

Mrs Jay is obliged by your attention, and assures You of her perfect

Esteem & Regard—with similar Sentiments the most cordial and sincere

I remain Dear Sir Your faithful Friend & Servt

John Jay”

Read more:

https://jonathanturley.org/2020/08/14/yes-kamala-harris-is-eligible-for-vice-president/comment-page-2/#comment-1990909

After multiple attempts to get a comment posted and approved, I replied to several existing comments.

One of numerous articles I have posted that explains the ruse:

https://citizenwells.com/2016/11/11/chuck-todd-is-not-stupid-todd-is-along-with-media-and-democrat-party-biased-and-colluding-zero-proof-of-obama-us-birth-chuck-todd-and-nbc-staff-attack-trump-for-insulting-president-birth-certi/

 

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Kamala Harris eligible? Jonathan Turley says yes quotes flawed CRS report, Natural Born Citizen requirement, Citizen not enough, SCOTUS ruling required

Kamala Harris eligible? Jonathan Turley says yes quotes flawed CRS report, Natural Born Citizen requirement, Citizen not enough, SCOTUS ruling required

“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen. Even having two US parents wouldn’t suffice. And having just an American mother, as Cruz did, would have been insufficient at a time that made patrilineal descent decisive.”…Laurence H. Tribe, Harvard Law Professor

“When asked where I believe Obama was born I answer, I don’t know. There is zero proof he was born in Hawaii. The only evidence of his birth location that we have is much circumstantial evidence and that points to Kenya.”…Citizen Wells

“The judicial power of the United States is extended to all cases arising under the constitution. Could it be the intention of those who gave this power, to say that, in using it, the constitution should not be looked into? That a case arising under the constitution should be decided without examining the instrument under which it arises? This is too extravagant to be maintained.”
“Why does a judge swear to discharge his duties agreeably to the constitution of the United States, if that constitution forms no rule for his government? if it is closed upon him, and cannot be inspected by him?”…Marbury V Madison

 

Law professor Jonathan Turley posted an article on August 14, 2020 which stated:

“Yes, Kamala Harris Is Eligible For Vice President”

I posted a comment twice which has not yet appeared.

Perhaps it has not yet been approved.

I was able to reply to other comments.

My comment:

“The NBC controversy is not a black & white issue.
Pun intended.
It is most definitely not a racial issue for most Americans.
It should have been settled for good in 2008 by the SCOTUS per Marbury v Madison.
You quoted the CRS report from 2011.
However, that report was clearly flawed & biased.
Consider the following:

https://naturalborncitizen.wordpress.com/2011/12/01/debunking-the-new-natural-born-citizen-congressional-research-propaganda/

http://puzo1.blogspot.com/2010/11/members-of-congress-memo-what-to-tell.html

https://citizenwells.com/2010/11/07/congressional-research-memo-jack-maskell-april-2009-constitutional-qualifications-for-presidency-congressional-offices/

https://citizenwells.com/2016/11/29/paige-v-state-of-vermont-et-al-docket-2016-202-november-302016-1030-am-plaintiff-h-brooke-paige-natural-born-citizen-status-of-ted-cruz-and-marco-rubio-challenged-issue-not-moot-since/

Wells”

From Mr. Turley’s article:

“The media is alight today after the publication of a piece in Newsweek by Chapman University Professor John C. Eastman that raised the question of whether Sen. Kamala Harris is a citizen and eligible to be Vice President.  She is.  The courts have long recognized that individuals born in the United States are citizens under the Fourteenth Amendment. In fairness to Professor Eastman and Newsweek, this has been a debate that has been raised during prior elections over candidates ranging from Chester Arthur to Barack Obama to John McCain.

Birthright citizenship has been a subject of debate from the time that the 14th Amendment was adopted.  There are arguments on both sides of the currently accepted broad interpretation of the language.  Many of our closest allies reject the concept of birthright citizenship.”

“Even a Congressional Research Service report from 2011 acknowledged such countervailing theories before concluding,, correctly, that

“The weight of legal and historical authority indicates that the term ‘natural born’ citizen would mean a person who is entitled to U.S. citizenship ‘by birth’ or ‘at birth,’ either by being born ‘in’ the United States and under its jurisdiction, even those born to alien parents; by being born abroad to U.S. citizen-parents; or by being born in other situations meeting legal requirements for U.S. citizenship ‘at birth.’”

Read more:

https://jonathanturley.org/2020/08/14/yes-kamala-harris-is-eligible-for-vice-president/

In the first paragraph he states:

“question of whether Sen. Kamala Harris is a citizen and eligible to be Vice President.”

Natural Born Citizen is the constitutional requirement not citizen!

In the last paragraph he quotes the flawed Congressional Research Service report from 2011 .

The following Attorney Leo Donofrio article exposes the NBC propaganda of Jack Maskell in that report:

https://naturalborncitizen.wordpress.com/2011/12/01/debunking-the-new-natural-born-citizen-congressional-research-propaganda/

Another well informed commenter, George, repudiates Jonathan Turley’s position:

“Kamala Harris will NEVER be eligible to be U.S. president or vice president.

Kamala Harris’ parents were foreign citizens at the time of her birth.

– A mere “citizen” could only have been President at the time of the adoption of the Constitution – not after.

– The U.S. Constitution, Article 2, Section 1, Clause 5, requires the President to be a “natural born citizen,” which, by definition in the Law of Nations, requires “parents who are citizens” at the time of birth of the candidate and that he be “…born of a father who is a citizen;…”

– Ben Franklin thanked Charles Dumas for copies of the Law of Nations which “…has been continually in the hands of the members of our Congress, now sitting,…””

Read more:

https://jonathanturley.org/2020/08/14/yes-kamala-harris-is-eligible-for-vice-president/comment-page-2/#comment-1990909

I was able to post the following Citizen Wells article under another comment:

https://citizenwells.com/2016/11/11/chuck-todd-is-not-stupid-todd-is-along-with-media-and-democrat-party-biased-and-colluding-zero-proof-of-obama-us-birth-chuck-todd-and-nbc-staff-attack-trump-for-insulting-president-birth-certi/

 

 

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Sharyl Attkisson US Dept. of Justice lawsuit experience echoes Attorneys Sidney Powell and Ty Clevenger discovery attempts, Corrupt USDOJ and judges, Judge Wynn dissenting opinion

Sharyl Attkisson US Dept. of Justice lawsuit experience echoes Attorneys Sidney Powell and Ty Clevenger discovery attempts, Corrupt USDOJ and judges, Judge Wynn dissenting opinion

“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 23, 2019

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

“The FBI clearly has records pertaining to Seth Rich, and it has withheld those
records in bad faith.”…Attorney Ty Clevenger October 11, 2019

 

From the Sharyl Attkisson appeal decision of March 21, 2019.

Judge Wynn dissenting opinion.

“In this case, the government—not unlike Dean Smith’s Tar Heels—put up the “fours” when Plaintiff-Appellant Sharyl Attkisson,3 a journalist formerly employed by CBS News, filed suit against unnamed employees and agents of the federal government (the “Doe Defendants”). Attkisson alleged that the Doe Defendants conspired to violate her constitutional and statutory rights by accessing and commandeering her home and work internet-connected devices for surveillance purposes. But Attkisson never got a meaningful opportunity to pursue her claims because the government did everything in its power to run out the clock on Attkisson’s action—it filed motions challenging venue and jurisdiction, motions challenging the sufficiency of service, motions for extension of time, motions to dismiss, and motions for protective orders.

And just as the Tar Heels had great success running the Four Corners, the government’s strategy worked. Although Attkisson diligently sought to identify the Doe Defendants for nearly four years—including by repeatedly serving discovery on the government and third-parties directed at identifying the Doe Defendants—the district court dismissed her case with prejudice against the Doe Defendants for failing to comply with a court order to identify the names of the Doe Defendants by a date certain. The district court did so even though the government’s delaying tactics deprived Attkisson of any meaningful opportunity to engage in the discovery necessary to identify the Doe Defendants.

The majority opinion affirms the district court’s dismissal of Attkisson’s claims against the Doe Defendants on grounds that the dismissal constituted a permissible exercise of the court’s discretion to oversee discovery and sanction a party for failing to comply with a court order. But this Court long has held that plaintiffs—like Attkisson—who state a plausible claim that unnamed defendants violated their constitutional or statutory rights are entitled to a meaningful opportunity to engage in discovery aimed at identifying the “true identity of an unnamed party.” Schiff v. Kennedy, 691 F.2d 196, 197–98 (4th Cir. 1982). And this Court has held that dismissal of an action for failure to comply with a court order is a “drastic” sanction, Hillig v. C.I.R., 916 F.2d 171, 174 (4th Cir. 1990), that courts should impose only in “extreme circumstances,” Reizakis v. Loy, 490 F.2d 1132, 1135 (4th Cir. 1974).

Because the government deprived Attkisson of a meaningful opportunity to identify the Doe Defendants and the district court never determined that the requisite “extreme circumstances” were present to warrant dismissal for failure to comply with a court order, I disagree with the majority opinion’s determination that the district court permissibly exercised its discretion in dismissing Attkisson’s claims against the Doe Defendants. Not only should we disapprove of the tactics the government used to run out the clock on Attkisson’s claims, but we should also reject the troubling “game plan” it provided for the government and private parties to prevent disclosure of—and, therefore, responsibility for—their potentially unconstitutional or illegal electronic surveillance activities. Accordingly, I respectfully dissent as to the dismissal of Attkisson’s claims against the Doe Defendants.”

Read more:

https://cases.justia.com/federal/appellate-courts/ca4/18-1677/18-1677-2019-03-21.pdf?ts=1553194819

Just as in the General Michael Flynn case, represented by Attorney Sidney Powell and the Seth Rich controversies involving Ed Butowsky, represented by Attorney Ty Clevenger, we have the US Justice Dept. not cooperating in discovery and withholding crucial information as well as corrupt/incompetent judges not upholding the US Constitution.

 

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General Flynn case, Dr. Rich Swier: “Judge Emmet Sullivan is a disgrace to the bench”, Denied all Brady evidence, Flynn victim of FBI and prosecutorial misconduct

General Flynn case, Dr. Rich Swier: “Judge Emmet Sullivan is a disgrace to the bench”, Denied all Brady evidence, Flynn victim of FBI and prosecutorial misconduct

“Take all the robes of all the good judges who have ever lived on the face of the earth, and they would not be large enough to cover the iniquity of one corrupt judge.”...Henry Ward Beecher

“Why does a judge swear to discharge his duties agreeably to the constitution of the United States, if that constitution forms no rule for his government? if it is closed upon him, and cannot be inspected by him?”…Marbury V Madison

“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

 

From Dr. Rich Swier December 29, 2019.

“Whitewashing Traitors While Destroying Patriots

My personal opinion is that Judge Emmet Sullivan is a disgrace to the bench regarding General Flynn’s case. Why? Because he is denying all Brady evidence requested by defense counsel, Sidney Powell, just as he denied requests for a mistrial in the case of Senator Stevens, a conviction he later dismissed. Sullivan has tossed General Flynn’s claim that he was a victim of FBI misconduct and accused his attorneys of plagiarism, writing that they had used parts of a 2012 brief from the non-profit New York Council of Defense Lawyers without citing the verbatim borrowing. Sidney Powell a plagiarist…he must have her confused with Joe Biden!!!

The Judge has set January 28th, 2020 for General Michael Flynn’s sentencing for a process crime based on a conversation he had with the Russian ambassador on December 29, 2016, seven weeks after the presidential election.

Sullivan relied heavily on the Mueller report and finds:

the case was adequately predicated and authorized by Rod Rosenstein; the original guilty plea to Judge Contreras was appropriately informed; the government followed all appropriate notifications for Brady material; the evidence of Flynn’s guilt is accurately demonstrable to the guilty plea Mr. Flynn accepted; and there was no prosecutorial misconduct.

Sullivan trusts Mueller (read that Andrew Weissmann, Mueller’s lead prosecutor) and Rod Rosenstein? Weissman, the attorney who screwed up the entire Enron case and should have been disbarred? Rosenstein, the temporary Attorney General under Jeff Sessions, the man who offered to wear a wire while speaking with President Trump? The Department of Justice (DOJ) who has denied requested Brady materials over and over again? And like so many other cases prosecuted by the DOJ, threats against the family to secure a plea of guilt. These Deep State impresarios are trustworthy? They are in fact licensed to lie! Sullivan is obviously part and parcel of the same corrupt cadre of individuals we’ve seen in the Obama DOJ.”

“Judge Sullivan presided over the 2008 trial of U.S. Senator Ted Stevens, who was convicted of seven felony ethics violations. During the trial, the judge refused requests by the defense for a mistrial to be declared, after information was revealed that the prosecution had withheld exculpatory Brady material. Eight days after the guilty verdict, Stevens narrowly lost his reelection bid, and without his vote against Obamacare, it passed. Did the judge withhold the truth in Stevens case until he lost the election?

As more evidence of prosecutorial misconduct became known in early 2009, Judge Sullivan held four prosecutors in civil contempt of court, including Andrew Weissmann. On April 1, 2009, following a Justice Department probe that found additional evidence of prosecutorial misconduct, the DOJ recommended that Stevens’ conviction be dismissed. Few people know that Robert Mueller oversaw the witch hunt against Senator Stevens.”

“And here we are again with the very same people in charge of destroying an innocent man’s life, a man who served his country with honor for 33 years, and in front of the same judge who is refusing to see the same criminal activity by the same Director of the FBI who served as Special Prosecutor in the phony Russian Collusion claim with sixteen Democratic Party operatives as investigators, including Andrew Weissmann who was held in civil contempt of court in a very similar case.”

“She was correct when she said, “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.”

Facing certain financial destruction and a criminal proceeding that would have harmed his family, Flynn copped to a minor crime, lying to the FBI, to avoid a crucible. I only wish Sidney Powell had been his defense from the beginning of this blatant attack on one of America’s finest.”

“The stench of corruption emanates from Obama’s DOJ and those within who aspired to destroy the will of America’s people. Those who are guilty of treasonous crimes walk free, while the innocents suffer.”

Read more:

https://drrichswier.com/2019/12/29/whitewashing-traitors-while-destroying-patriots/

ABOUT DR. RICH SWIER

“Rich holds a Doctorate of Education from the University of Southern California in Los Angeles, CA, a Master’s Degree in Management Information Systems from the George Washington University, Washington, D.C., and a Bachelor’s Degree in Fine Arts from Washington University, St. Louis, MO.

Rich is a 23-year Army veteran who retired as a Lieutenant Colonel in 1990. He was awarded the Legion of Merit for his years of service. Additionally, he was awarded two Bronze Stars with “V” for Heroism in ground combat, the Presidential Unit Citation, and the Vietnamese Cross of Gallantry while serving with the 101st Airborne Division in Vietnam. He is a graduate of the Field Artillery Officers Basic and Advanced Courses, and U.S. Army Command and General Staff College.”

Read more:

https://drrichswier.com/about-dr-rich-swier/

 

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Prosecutorial misconduct and coercive plea bargaining, General Flynn case clear example, US Justice Dept. proven misconduct, Judge Sullivan biased and/or incompetent?

Prosecutorial misconduct and coercive plea bargaining, General Flynn case clear example, US Justice Dept. proven misconduct, Judge Sullivan biased and/or incompetent?

“The Inspector General’s report now makes clear that the FBI launched an intrusive investigation of a U.S. presidential campaign on the thinnest of suspicions that, in my view, were insufficient to justify the steps taken.  It is also clear that, from its inception, the evidence produced by the investigation was consistently exculpatory. “…Attorney General Barr

“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 23, 2019

“The criticism in the opinion will likely deepen the unease of Flynn in having the sentencing under Judge Sullivan. However, the court said that it will proceed with precisely such a hearing on January 28, 2020.”… Jonathan Turley

 

We have the most widespread documented case of US Justice Department corruption and prosecutorial misconduct in US history.

General Michael Flynn is a victim.

We have a judge, Emmet Sullivan, who has just ruled in the corrupt prosecution’s favor. Ignoring the documented misconduct that has been revealed and persecuting Flynn’s highly competent attorney, Sidney Powell.

Prosecutorial misconduct leading to coerced plea deals is apparently common.

From The Cato Institute August 8, 2019.

“Prisons Are Packed Because Prosecutors Are Coercing Plea Deals. And, Yes, It’s Totally Legal.”

“According to a recent study from the Pew Research Center, of the roughly 80,000 federal prosecutions initiated in 2018, just two percent went to trial. More than 97 percent of federal criminal convictions are obtained through plea bargains, and the states are not far behind at 94 percent. Why are people so eager to confess their guilt instead of challenging the government to prove their guilt beyond a reasonable doubt to the satisfaction of a unanimous jury?

The answer is simple and stark: They’re being coerced.

Though physical torture remains off limits, American prosecutors are equipped with a fearsome array of tools they can use to extract confessions and discourage people from exercising their right to a jury trial. These tools include charge-stacking (charging more or more serious crimes than the conduct really merits), legislatively-ordered mandatory-minimum sentences, pretrial detention with unaffordable bail, threats to investigate and indict friends or family members, and the so-called trial penalty — what the National Association of Criminal Defense Lawyers calls the “substantial difference between the sentence offered prior to trial versus the sentence a defendant receives after a trial.

Of coercive plea bargaining’s many problems, two are particularly concerning.

The first is false convictions. Though it was once believed that a confession in open court — a guilty plea — was proof-positive of a person’s guilt, we now know that simply isn’t true.”

“The other big problem with coercive plea bargaining is that it helps cover up an untold amount of prosecutorial misconduct. Even in the federal system, where prosecutors are held to a relatively higher standard, there has been a surprising amount of misconduct in the handful of cases that end up going to trial.

The most notorious example is the failed 2008 prosecution of then-Sen. Ted Stevens, R-Alaska, who, after refusing a one-count guilty plea to one felony charge with no jail time, was indicted on seven counts of failing to report gifts on his financial disclosure forms after allegedly paying an insufficient amount for the renovation of his house in Alaska.

After the jury voted to convict but before Stevens was sentenced, the star witness against him recanted part of his testimony in a letterand an FBI whistleblower disclosed a pattern of deliberate, systematic cheating by prosecutors that has since been documented in a 500-page document called the Schuelke Report. The Justice Department then asked the judge to dismiss the indictment. Had Stevens taken the plea, none of the prosecutorial misconduct or exculpatory evidence in his case might ever have been revealed.”

Read more:

https://www.cato.org/publications/commentary/prisons-are-packed-because-prosecutors-are-coercing-plea-deals-yes-its

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

General Flynn case: impact of Horowitz IG Fisa Abuse report, Attorney Sidney Powell position of prosecutorial misconduct strengthened, Judge Sullivan outrage?

General Flynn case: impact of Horowitz IG Fisa Abuse report, Attorney Sidney Powell position of prosecutorial misconduct strengthened, Judge Sullivan outrage?

“The Inspector General’s report now makes clear that the FBI launched an intrusive investigation of a U.S. presidential campaign on the thinnest of suspicions that, in my view, were insufficient to justify the steps taken.  It is also clear that, from its inception, the evidence produced by the investigation was consistently exculpatory. “…Attorney General Barr

“While most of the misconduct identified by the Inspector General was committed in 2016 and 2017 by a small group of now-former FBI officials, the malfeasance and misfeasance detailed in the Inspector General’s report reflects a clear abuse of the FISA process.”…Attorney General Barr

“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 23, 2019

 

From The Federalist December 13, 2019.

“How The IG FISA Abuse Report Affects Michael Flynn’s Case”

Monday’s release of Inspector General Michael Horowitz’s 476-page tome on the Department of Justice and FBI’s misconduct in the lead up to and aftermath of the 2016 presidential election continues to make news—and rightly so. That the DOJ and FBI obtained a surveillance order from a secret court to spy on Carter Page with a series of applications riddled with errors, fabrications, and inexcusable omissions of material fact is shocking. The shocking breadth of the government’s misconduct raises an interesting corollary question: How will Judge Emmet Sullivan react to these devastating revelations?

Sullivan has been hunkered down in his chambers for the last month contemplating (or drafting) his ruling on attorney Sidney Powell’s pending motion in the criminal case against her client, Michael Flynn. Flynn had pleaded guilty to making a false statement to the FBI before Powell took over as his defense counsel. Flynn’s sentencing was postponed to allow Powell to get up to speed in the case. Soon after, Powell filed a motion to compel federal prosecutors to turn over Brady material and other evidence that had been withheld from Flynn’s previous attorneys.

In briefing the motion to compel, in addition to arguing that the government improperly withheld evidence from Flynn, Powell also claimed that “[t]he FBI had no factual or legal basis for a criminal investigation, nor did they have a valid basis for a counter-intelligence investigation against an American citizen, and they all knew it. The evidence the defense requests will eviscerate any factual basis for the plea and reveal conduct so outrageous—if there is not enough already—to mandate dismissal of this prosecution for egregious government misconduct.””

“Now that the report is out, the question is how it will affect Flynn’s case. While the IG report focused mainly on the DOJ and FBI’s conduct related to the four Foreign Intelligence Surveillance Act (FISA) applications used to obtain an order to surveil Page, Horowitz’s investigation and findings raise two issues of import in the case against Flynn.

First and foremost is the extensive evidence of government misconduct and abuse the IG uncovered. The misconduct was so extensive and egregious that it can only remind Judge Sullivan of the prosecutorial misconduct he witnessed when he presided over the DOJ’s criminal case against the late Sen. Ted Stevens—an investigation and prosecution that Sullivan would later conclude was “permeated by the systematic concealment of significant exculpatory evidence…”

Soon after taking over Flynn’s case, Powell had evoked the Stevens’ prosecution as a comparator, but the IG report adds gravitas to her comparison. When asked about the effect of Horowitz’s report, Powell told The Federalist, “given the stunning lies and conduct by the FBI painfully documented in the report, I would expect Judge Sullivan—at a minimum—to order the production of everything we requested. Yet again, we see the DOJ learned nothing from the Ted Stevens case. Stronger action is required to impress upon the government a rejection of its reprehensible conduct.” Powell added that “far too many in the FBI and DOJ are willing to hide evidence, falsify documents and make up crimes to achieve their objectives—regardless of their motives.”

Before the IG report, Judge Sullivan might have put Powell’s claim of egregious prosecutorial misconduct down to “zealous advocacy.” But it is impossible to contemplate the Sullivan who tossed the Stevens’ case reacting with anything less than outrage to the recent revelations of misconduct. And while the IG report may seem only tangentially related to Flynn, most of the same bad actors were involved in both the Page and Flynn investigations.”

Read more:

https://thefederalist.com/2019/12/13/how-the-ig-fisa-abuse-report-affects-michael-flynns-case/

 

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