Tag Archives: 2020

Flynn case update October 22, 2020, USDOJ response to discovery request for “the original 302 and later drafts”, “1984” passage “original copy destroyed”

Flynn case update October 22, 2020, USDOJ response to discovery request for “the original 302 and later drafts”, “1984” passage “original copy destroyed”

“The past, he reflected, had not merely been altered, it had
actually been destroyed. For how could you establish, even
the most obvious fact when there existed no record outside
your own memory?”...George Orwell, “1984”

“And if all others accepted the lie which the Party imposed,
if all records told the same tale, then the lie passed into
history and became truth. “Who controls the past,” ran the
Party slogan, “controls the future, who controls the present
controls the past.”…George Orwell, “1984”

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

From

UNITED STATES OF AMERICA
v.
MICHAEL T. FLYNN

NOTICE OF DISCOVERY CORRESPONDENCE

October 22, 2020.

“You also requested “the original 302 and later drafts . . . , or the data evidencing their destruction.” The Federal Bureau of Investigation has a well-documented record management program and retention plan that provides specific instructions for the collection of information, the maintenance of documents, and the retention or disposal of documents. Those guidelines state that
“[w]orking files, such as preliminary drafts, notes, and other similar materials, are to be destroyed when the final documents have been approved by the FBI official with authority to do so.” The policy applies to “all drafts created in any medium.” See Records Management Policy Guide, at p. 31, available at https://vault.fbi.gov/records-management-policy-guide-0769pg-part-01-of01/Records%20Management%20Policy%20Guide%200769PG%20Part%2001%20of%2001/view#document/p4.

Here, the FD-302 of your client’s January 24, 2017, interview was created in SENTINEL, which is the FBI’s electronic records management system for all criminal and intelligence gathering activities:

SENTINEL provides FBI employees the ability to create case
documents and submit them through an electronic workflow
process. Supervisors, reviewers, and others involved in the approval
process can review, comment, and approve the insertion of
documents into the appropriate FBI electronic case files. Upon
approval, the SENTINEL system serializes and uploads the
documents into the SENTINEL repositories, where the document
becomes part of the official FBI case file. SENTINEL maintains an
auditable record of all transactions.

See Privacy Impact Assessment for the SENTINEL System, May 28, 2014, at p. 1, available at https://www.fbi.gov/services/information-management/foipa/privacy-impactassessments/sentinel.

In this this case, SSA 1 began drafting the FD-302 on the evening of January 24, 2017. The FD-302 was electronically accessed by SSA 1 and former DAD Peter Strzok in SENTINEL on several occasions. The FD-302 was electronically approved by FBI Assistant Director for Counterintelligence E.W. Priestap on February 15, 2017. Our review of SENTINEL’s audit trail establishes that no other FBI personnel accessed the FD-302 electronically prior to its approval
and serialization. Consistent with the FBI’s records retention policy, no prior drafts of the FD-302 were maintained within SENTINEL.”

Read more:

https://www.courtlistener.com/recap/gov.uscourts.dcd.191592/gov.uscourts.dcd.191592.305.0.pdf

I was immediately reminded of the following passage from “1984.”

“As soon as all the corrections which happened to be necessary in any particular number of the Times had been assembled and collated, that number would be reprinted, the original copy destroyed, and the corrected copy placed on the files in it’s stead. This process of continuation alteration was applied not only to newspapers, but to books, periodicals, pamphlets, posters, leaflets, films, sound tracks, cartoons, photographs–to every kind of literature or documentation which might conceivably hold any political or ideological significance. Day by day and almost minute by minute the past was brought up to date. In this way every prediction made by the Party could be shown by documentary evidence to be correct; nor was any item of news, or expression of opinion, which conflicted with the needs of the moment, ever allowed to be on record.”

 

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 Tony Bobulinski exposes Joe and Hunter Biden corruption to Senate committees Oct 23, 2020, Joe Biden “my chairman” lied about business involvement

Tony Bobulinski exposes Joe and Hunter Biden corruption to Senate committees Oct 23, 2020, Joe Biden “my chairman” lied about business involvement

“It is clear the Chinese want Joe Biden to win. They have plenty of blackmail material to continue influencing (controlling) him.”…Citizen Wells

“We’re very uncomfortable with this,” “We’re very uncomfortable with the fact that these underage girls were not protected.”..Rudy Giuliani

“I’m making this statement to set the record straight about the involvement of the Biden family, Vice President Biden, his brother Jim Biden, and his son Hunter Biden in dealings with the Chinese.”,,,Tony Bobulinski

 

Joe Biden lied about his involvement in Hunter Biden’s businesses.

He clearly used his influence with China and the Ukraine.

Tony Bobulinski, a former business partner of the Bidens, has spoken out and presented evidence. He is meeting with Senate committees today.

From Fox News October 22, 2020.

“Hunter Biden’s ex-business partner Tony Bobulinski claimed on Thursday that he met with former Vice President Joe Biden regarding his son’s business dealings and alleged that someone involved with the controversy had warned him about coming forward.”

“Bobulinski went on to accuse the former vice president of lying about his involvement with his son’s business dealings, and indicated that his family sought to conceal his activities.

Specifically, Bobulinski alleges he met with the former vice president on May 2, 2017, introduced by his son, Hunter and brother, Jim.

“At my approximately hour-long meeting with Joe that night we discussed the Bidens’ history, the Bidens’ family business plans with the Chinese, with which he was plainly familiar, at least at a high level,” Bobulinski said.

Fox News previously obtained text messages from Bobulinski, a retired lieutenant in the U.S. Navy, and the former CEO of SinoHawk Holdings, which he said was the partnership between the CEFC/ Chairman Ye and the two Biden family members.”

Read more:

https://www.foxnews.com/politics/hunters-ex-partner-meeting-joe-biden-family-paranoid#

From KABC.

“And both the Senate Homeland Security and Governmental Affairs Committee and Senate Finance Committee will hear testimony from Bobulinski in their investigations into a purported pay-for-play scheme that some have alleged also benefited former Vice President Joe Biden.

Committee Chairmen Sens. Ron Johnson, R-Wis., and Chuck Grassley, R-Iowa, issued the following statement Thursday, announcing Bobulinski’s cooperation Friday:

“As part of the committees’ efforts to validate the authenticity of recently publicly released emails involving the Biden family’s international financial entanglements, we sent letters to five individuals identified in the emails. Those letters were sent [Wednesday], and the deadline is Oct. 23, 2020. So far, the committees have received a response only from Mr. Tony Bobulinski, who appears to be willing to fully cooperate with our investigation.

“In fact, Mr. Bobulinski has already agreed to appear for an informal interview by the committees tomorrow, Friday, Oct. 23, 2020.”

Read more:

https://www.kabc.com/news/tony-bobulinski-to-provide-evidence-in-fbi-senate-probes/

From the Senate letter to Tony Bobulinski:

“According to recent reports that published emails allegedly from Hunter Biden’s laptop, the Committees have identified you as an individual involved in one or more of these business arrangements or financial transactions with Mr. Biden.2 As part of the ongoing efforts to validate and verify the information in those emails, the Committees request that you provide all
records3 related to any of your business dealings—including, but not limited, to bank records, wire transfers, account balances, gifts, business transactions, travel records—with Hunter Biden, Joe Biden, James Biden, Ye Jianming, Chi Ping Patrick Ho, Zang Jian Jun, Gongwen Dong,
Mervyn Yan, Gabriel Popoviciu, or any other associates regarding CEFC China Energy Co. Ltdor any other transactions related to business in Romania, China, Russia, Kazakhstan, Ukraine, Czech Republic, or any other countries. As part of this production, please also include all of
your communications regarding these transactions with Hunter Biden, Joe Biden, James Biden, James Gilliar, Rob Walker, Ye Jianming, Chi Ping Patrick Ho, Zang Jian Jun, Gongwen Dong, Mervyn Yan, Gabriel Popoviciu, or any other associates.”

https://www.hsgac.senate.gov/imo/media/doc/RHJ%20CEG%20letters%2010_21.pdf

 

 

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Hunter Biden child pornography described by Rudy Giuliani October 21, 2020, “straight out and out child pornography”, “you know it when you see it”

Hunter Biden child pornography described by Rudy Giuliani October 21, 2020, “straight out and out child pornography”, “you know it when you see it”

“It is clear the Chinese want Joe Biden to win. They have plenty of blackmail material to continue influencing (controlling) him.”…Citizen Wells

“We’re very uncomfortable with this,” “We’re very uncomfortable with the fact that these underage girls were not protected.”..Rudy Giuliani

“This was sent to the vice president,” “What did he do about it?”...Rudy Giuliani

 

From the Rudy Giuliani video October 21, 2020.

“What we found were a number of photographs that troubled us greatly. They troubled us greatly because there were photographs of underage girls. The underage girls were dressed in a very provocative way,  very little bikinis, and poses, that were sexually provocative.

That was troubling in and of itself, but then there was one that was straight out and out child pornography. Just straight, I mean, as  Potter Stewart once described pornography as “you can’t define it, but you know it when you see it.’

Well, you know this when you see it.

We also knew what our obligations were because Bernie  had been a policeman, and I had been an assistant US Attorney and a Mayor. As a public official, had I seen that, I’d have to report it. I’d be a mandatory reporter as are medical people. When you see child pornography, or you see evidence that we also saw in the text messages and emails of an unsafe environment for the children.

Considerably unsafe environment for the children. Again, I will not go into detail as to why. That’s for the Delaware police.

Now, you would say “well this was already with the FBI,” but I have no indication, no evidence that the FBI has ever done anything with this. Or anything with the very serious and obvious overwhelming evidence of numerous crimes having been committed by Joe Biden, which they seem to be ignoring, which no prosecutor in the world could possibly ignore. So I was afraid they ignored the young girl, or young girls.”

 

 

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Hunter Biden emails request for special counsel to investigate, House Republicans letter to Attorney General Barr October 19, 2020

Hunter Biden emails request for special counsel to investigate, House Republicans letter to Attorney General Barr October 19, 2020

“If I’m somebody that has no journalistic ability, no detective ability or investigative ability and I was able to find stuff in a short period of time, somebody else should have been able to find something to show,”...Computer repairman John Paul Mac Isaac 

“The subpoena was served by an FBI agent whose name is Joshua Wilson, and over the last five years he has been working on child pornography issues. Connect the dots – if an FBI agent is working on child pornography issues for five years, why is he subpoenaing the laptop of Hunter Biden? Is there a connection here? Should this suggest that there’s a child pornography issue here on that laptop?”…Maria Bartiroma

“When did Attorney General Barr first become aware of the Hunter Biden Computer data?”…Citizen Wells

 

11 House Republicans sent a letter to Attorney General Barr today, October 19, 2020.

Dear Attorney General Barr,
Last week, reports surfaced about an uncovered hard drive and laptop purportedly belonging to Hunter Biden. Emails, allegedly on the hard drive, have indicated that Hunter Biden may have helped to orchestrate a payout to
his father, former Vice President Joe Biden, from his dealings with a Chinese energy corporation, and that he may have compromised the integrity of his father’s role as Vice President of the United States with his business
dealings in Ukraine.

These alleged revelations raise serious issues about former Vice President Joe Biden’s reported participation with his son’s business dealings, specifically whether the former vice president (1) received foreign monies during his
tenure in the Obama administration, and (2) if former Vice President Biden allowed his son to peddle access to his father with foreign business entities.

Americans deserve public officials who take great care to protect the integrity of their offices. Our constituents place great trust in their leaders at every level of government to conduct the people’s business with the utmost
honesty, transparency, and accountability.

If these reports about former Vice President Joe Biden and his son, Hunter, are true, the former vice president fell far short of his responsibility to uphold his constitutional oath and betrayed the sacred trust of the American people.

It is imperative that the American people receive answers and a full accounting of former Vice President Biden’s dealings with his son and his son’s business partners, and if the former vice president misused his office for personal gain.

We request that the Department of Justice immediately appoint an independent, unbiased special counsel to investigate the issues that we have raised – as well as any corresponding legal or ethical issues that might be uncovered from the former vice president’s 47 years in public office.

We ask for a response to our request by Friday, October 23, 2020, at 5 PM EST.”

 

More here:

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Jason Chaffetz on Hunter Biden emails: Barr and Wray need to answer questions immediately, Oct 19, 2020, Did DOJ do anything with it?

Jason Chaffetz on Hunter Biden emails: Barr and Wray need to answer questions immediately, Oct 19, 2020, Did DOJ do anything with it?

“If I’m somebody that has no journalistic ability, no detective ability or investigative ability and I was able to find stuff in a short period of time, somebody else should have been able to find something to show,”...Computer repairman John Paul Mac Isaac 

“The subpoena was served by an FBI agent whose name is Joshua Wilson, and over the last five years he has been working on child pornography issues. Connect the dots – if an FBI agent is working on child pornography issues for five years, why is he subpoenaing the laptop of Hunter Biden? Is there a connection here? Should this suggest that there’s a child pornography issue here on that laptop?”…Maria Bartiroma

“When did Attorney General Barr first become aware of the Hunter Biden Computer data?”…Citizen Wells

 

The FBI took possession of Hunter Biden’s computer equipment in December of 2019.

Did they do anything with it?

Since what we already know of the contents has national security ramifications, exculpatory information that should have been presented during the persecution of President Trump, proof of Joe Biden lies and involvement in illegal transactions and probable criminal sexual activity by Hunter Biden, the computer data should have been evaluated and followed up on immediately.

From the Ron Johnson October 17, 2020 letter to FBI Director Wray:

“For these reasons, the committee must know whether the FBI has assessed the validity of materials the whistleblower has provided, and what, if any, actions the FBI has taken since obtaining this information. In light of these unanswered questions, I request the following information and material:
1. Does the FBI possess material from Hunter Biden’s laptop(s)? If yes, how and when did the FBI obtain this information?
2. Is it accurate that FBI officials obtained contents from Hunter Biden’s laptop from a business located in Delaware? If so:
a. When did the FBI first examine these records?
b. Has the FBI concluded its examination of these records?
c. Has the FBI found any evidence of criminal activity based on its examination of these records?
d. Has the FBI determined whether the records on the computer was generated on that computer, is genuine, or has been altered in any way?
e. Has the FBI determined whether these records were generated or authored by Hunter Biden?
f. Has the FBI determined whether these records are a result from someone hacking Hunter Biden’s computer?”
When did Attorney General Barr become aware of the Hunter Biden Computer data?
Jason Chaffetz was interviewed on Fox News today, October 19, 2020.

More here:

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Hunter Biden new emails shocking implicate Joe Biden Giuliani just stated, Oct 16, 2020, “memo tying Joe Biden to Hunter Biden’s international business”

Hunter Biden new emails shocking implicate Joe Biden Giuliani just stated, Oct 16, 2020, “memo tying Joe Biden to Hunter Biden’s international business”

“If I’m somebody that has no journalistic ability, no detective ability or investigative ability and I was able to find stuff in a short period of time, somebody else should have been able to find something to show,”...Computer repairman John Paul Mac Isaac 

“Man in audience questioned Joe Biden about his son’s involvement in Burisma. “You’re selling access to the president.” Joe Biden called him a liar.”...New Hampton, IA December 5, 2019

“Hunter Biden computer: Do we have another situation where the FBI sat on exculpatory information regarding the Trump Administration?”...Citizen Wells

 

From Fox News moments ago.

“Rudy Giuliani: Purported Hunter Biden emails will ‘shock the hell out of you’
There are still thousands of Hunter Biden emails to go through, Trump’s personal attorney told ‘Fox & Friends’

Emails, texts and photos found on an abandoned laptop that purportedly belonged to Hunter Biden, the son of former Vice President Joe Biden, allegedly show federal crimes among other shocking things, President Trump’s personal attorney Rudy Giuliani told “Fox & Friends” on Friday.

“This is Hunter Biden’s emails, texts, and really the photographs will shock the hell out of you,” Giuliani said, adding that Hunter Biden’s attorney was not disputing their legitimacy.

He claimed he had a memo tying Joe Biden to Hunter Biden’s international business, while the presidential nominee repeatedly has denied discussing Hunter’s overseas business interests with him. ”

“”It’s authentic as hell,” he claimed. “Some of those pictures on it can only have come from him, and I’ll tell you why I know it for sure. I have about 10 pieces of confidential information nobody knows except me and Hunter Biden. Kept it that way. I investigated cases for 50 years. Every one of those hits the mark.”

Read more:

https://www.foxnews.com/politics/biden-emails-hunter-joe-rudy-giuliani-photos-texts-emails

 

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Admiral James A. Lyons, Jr. Seth Rich article kept alive in Rich v Butowsky, Roger Aronoff affidavit filed October 9, 2020, Aronoff did not write article

Admiral James A. Lyons, Jr. Seth Rich article kept alive in Rich v Butowsky, Roger Aronoff affidavit filed October 9, 2020, Aronoff did not write article

“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.”…Citizen Wells

“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 Convention (DNC) staffer Seth Rich, and the second deals with the alleged hacking of the DNC server by Russia.”...Admiral James Lyons

“Assange testimony requested in Rich v Butowsky et al  August 24, 2020”…Citizen Wells

 

This was a head scratcher at first glance.

Perhaps it was an attempt to find a live witness to the drafting of the article attributed to Admiral Lyons?

From Aaron Rich v Ed Butowsky October 9, 2020.

“AFFIDAVIT
Roger Aronoff, being duly sworn, hereby deposes and says:
1. I have been a journalist and filmmaker for the past 50 years.
2. I was the Editor of Accuracy in Media (AIM) from 2010 through 2017.
3. I am currently the Executive Director and Editor of the Citizens Commission on National Security.
4. During the time I worked at AIM, I became friends with Admiral James “Ace” Lyons (ret.)
5. I proofread a number of columns, but certainly not all, for Admiral Lyons, which he would then usually submit to the Washington Times.
6. I was never asked by anyone and I never did write a first draft or any draft of a column for Admiral Lyons, ever at any time. The only thing I did was proofread what he had written. I would correct spelling, grammar and improve sentence structure. If l thought something was factually incorrect, I would correct it. All edits I made in the proofreading process were done by using the Review and Mark-up system that exists in Word. I would send the marked-up version back to Admiral Lyons, and he would take it from there. In most cases he accepted my proofing, but not always.
7. In the case involving the article he wrote about Seth Rich in February or March of 2017, no one asked me to write up a first draft, or any draft, and I am not sure that I did proof it at all. While I have been able to find some of the revised columns that I sent him back, I have been unable to find this one in particular, leading me to question if I ever reviewed it or proofed it at all. It is possible that I did, but if I did, that is all I did. But I have no specific memory of having proofed that particular column.
I swear, under penalty of perjury, that the forgoing is true to the best of my information, knowledge, and belief.”

https://www.courtlistener.com/recap/gov.uscourts.dcd.194794/gov.uscourts.dcd.194794.273.3.pdf

The article referred to above was from the Washington Times, March 1, 2018 not 2017.

It was retracted by the Times.

“More cover-up questions

The curious murder of Seth Rich poses questions that just won’t stay under the official rug

– – Thursday, March 1, 2018

ANALYSIS/OPINION:

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.”

Read more:

http://citizenwells.net/more-cover-up-questions-by-admiral-james-a-lyons-jr-march-1-2018-seth-rich-murder-and-dnc-leak-julian-assange-implied-that-mr-rich-was-killed-because-he-was-the-wikileaks-source-of-the-d/

Admiral James A. Lyons, Jr. Obituary:

“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

 

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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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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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