Wednesday, November 1, 2023

TWO PIG GAMER LAWYERS - BARACK OBAMA AND CHUCK SCHUMER'S ASSAULT ON THE LAW AND THE SUPREME COURT

BARACK OBAMA'S LAWLESSNESS HAS ONLY BEEN SURPASSED BY JOJO BIDEN'S!

Chief Justice Roberts and the Erosion of the Judiciary

When historians review the decline of American judiciary in the 21st century, they may have difficulty evaluating the role of one of its most important figures, Chief Justice John Roberts. His responses to a multitude of challenges have been inconsistent, and at times baffling.

In his 2010 State of the Union Address, President Barack Obama broke the event’s longstanding rules of decorum by hectoring the Supreme Court, six members of which were sitting right in front of him. Obama was peeved by the Court’s recent Citizens United decision, which he alleged would “open the floodgates for special interests -- including foreign corporations -- to spend without limit in our elections." Obama had a captive audience for one of his straw-man arguments, and made the most of it. It was too much for Justice Samuel Alito, who muttered sotto voce “That’s simply not true.” Sitting right in front of him was Chief Justice John Roberts, who said and did nothing.

Obama’s verbal assault was a preview of serious problems to come. Obama would eventually go beyond rhetoric, as he and his minions deceived the nation's most secret judicial body, the Foreign Intelligence Surveillance Court (FISC). Later, the Left would launch a multifaceted assault on the Supreme Court. Since both are under the supervision of the chief justice, his responses became a critical factor in combating the erosion of the judiciary.

Obama’s abuse of the FISC began during the 2016 presidential campaign when, in collusion with the Clinton campaign, he authorized “Crossfire Hurricane,” an effort to spy on Donald Trump and his staff. The Obama administration, through the FBI and intelligence agencies, submitted misleading and fraudulent information to the court, including the infamous “Steele Dossier,” to convince the court that surveillance was needed. Obama’s henchmen knew the information they were submitting was tainted. The FISC repeatedly accepted their arguments without ever even convening a hearing.

It’s important to note that the proceedings of the FISC are “ex-parte,” meaning that only the government is represented. Those whom the government wishes to surveil aren’t even notified, much less represented. The integrity of the proceedings is the responsibility of the 11 FISC judges, all appointed and supervised by Chief Justice John Roberts.

Abuse of the FISC continued after the election and into the Trump presidency, resulting in the multi-year “Russian Collusion” hoax, the Mueller Investigation, and Trump’s impeachment.

It is a matter of record that the FISC repeatedly authorized surveillance of the Trump administration based on lies concocted by political opponents. Though the Justice Department and legacy media ignore it, no one disputes it. So egregious was the perversion of the FISC that Inspector General Michael Horowitz subtitled his April 27, 2023 House testimony “Fixing FISA: How a Law Designed to Protect Americans Has Been Weaponized Against Them.”

Horowitz’ outrage unfortunately does not appear to be shared by the Chief Justice. To date, Roberts has offered no apology or announced any sweeping changes to the personnel and procedures that failed so spectacularly. Roberts’ passivity, coincident with a somnolent Justice Department, has left the failed FISC unchanged, and all but one of its violators escaping scot-free. Former FBI agent Kevin Clinesmith was convicted of knowingly submitting false information to the court. For his deception of the nation’s “most sensitive” court, and violation of the constitutional rights of President Trump, Clinesmith received one year of probation and no prison time. The prosecutors had recommended jail time to no avail. Chief Justice Roberts had no comment.

Encouraged by their successful trashing of the FISC, the Left began applying unprecedented pressure on the Supreme Court. At an abortion rights rally in February, 2020, Sen. Chuck Schumer made a personal threat against the justices. On the steps of the Supreme Court building, he screamed: “I want to tell you Gorsuch. I want to tell you, Kavanaugh. You have released the whirlwind and you will pay the price. You won’t know what hit you if you go forward with these awful decisions.”

This time it was too much for the Chief Justice. That same day Roberts issued a response excoriating Schumer: “Justices know that criticism comes with the territory, but threatening statements of this sort from the highest levels of government are not only inappropriate, they are dangerous. All Members of the Court will continue to do their job, without fear or favor, from whatever quarter.” Roberts' reaction forced Schumer to recant on the Senate floor the very next day.

Unfortunately, Robert’s rebuke to Schumer did not deter those responsible for the subsequent leak of Justice Samuel Alito’s draft majority opinion in the Dobbs case, which was eventually to overturn Roe vs. Wade. With the Supreme Court’s precedents and ethical standards so egregiously violated, Roberts responded once again: “To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed. The work of the Court will not be affected in any way… I have directed the Marshal of the Court to launch an investigation into the source of the leak.”

Marshal Gail Curley had been in the position for less than a year. By assigning the investigation to the Court's own Marshal, Roberts guaranteed that the entire process would be under his supervision and control. It also meant that the investigation would be conducted by the least experienced and equipped police agency that he could have chosen. The outcome was predictable, and perhaps predetermined. On January 19, 2023 the Court issued a report: alas, the assailant could not be found: “the team has to date been unable to identify a person responsible by a preponderance of evidence.”

A careful reading shows that the Marshal’s “investigation” failed to include even interviewing the nine justices themselves. Several current justices are notorious for leaks which occasionally come from their chambers, though never before of a draft opinion; but the Marshal didn’t even round up the usual suspects. So critical an omission could only have been intentional.

The Dobbs leak, an obvious attempt to intimidate justices during the Court’s final days of deliberation, emboldened abortion proponents to try more direct methods. Protesters gathered outside the homes of justices thought to support overturning Roe. The protests, though in violation of 18 U.S. Code § 1507, provoked no counteraction from the Justice Department. After a few days, some officers were dispatched, not to arrest the protesters, but to keep the unlawful protests orderly.

As the Justice Department stood by, the Biden White House cheered. Spokesperson Karine Jean-Pierre supported lawbreakers who hounded Justice Bret Kavanaugh out of a Washington restaurant: “Peaceful protest -- people should be allowed to be -- to be able to do that.” Even after a foiled attempt to assassinate Justice Kavanaugh, Jean-Pierre said: “We have not weighed in on where people should or should not protest.”

The Chief Justice once again called on Marshal Curley, this time to issue the Court’s objection. Curley wrote to Maryland governor Larry Hogan: “Earlier this week, for example, 75 protesters loudly picketed at one justice’s home in Maryland for 20-30 minutes in the evening, then proceeded to picket another Justice’s home for 30 minutes, where the crowd grew to 100, and finally returned to the first Justice’s home… This is exactly the kind of conduct that the Maryland and Montgomery County laws prohibit.” Tellingly, the Marshal described the protests as violations of state and local laws. No mention was made of federal law, which might have implied a criticism of the Biden administration’s inaction.

There can be no doubt that in recent years the two courts under the direct supervision of Chief Justice John Roberts have been maligned, deceived, abused, and threatened. The Chief Justice has responded with silence, inaction, and restraint, interspersed with occasional expressions of outrage. His responses are hard to understand, and history might find them harder to forgive.

Griff Hogan is a retired educator living in Charleston, South Carolina


US government’s checks and balances are not working well

The system of checks and balances in the United States government was designed to prevent any one branch of government from becoming too powerful, and to ensure that the government operates in a way that is consistent with the Constitution and the will of the people. Here are some of the ways in which the checks and balances in the U.S. have been criticized as not working well:

Increased political polarization and partisanship in recent years have led to gridlock in the legislative branch, making it difficult for Congress to pass necessary legislation. This can undermine the ability of Congress to check the executive branch effectively.

Some critics argue that recent presidents have overstepped their authority by using executive orders and other means to bypass Congress, potentially undermining the legislative branch’s role in checking the executive. Joe Biden is a perfect example of executive order overreach.

As of May 9, 2023, Biden has signed 115 executive orders, many of which are unconstitutional and need judicial intervention. Executive order 14008 makes a phony claim that there is a climate crisis at home and abroad which threatens national security, and orders all government agencies to prioritize net-zero emissions by 2050. Just by declaring that climate change is a crisis does not give you the authority to order such draconian government measures. Read a sample of Biden’s executive orders to see how unconstitutional they are.

In Trump’s case you can even argue that Biden, through the executive branch’s DOJ (Department of Justice), compelled government bureaucrats to go after Trump with criminal charges amounting to 4 indictments with a total of 91 criminal charges. Whether Trump will survive this weaponized onslaught of lawfare and survive financially is still in question.

Congress is responsible for overseeing the executive branch, but in some cases, it has been criticized for failing to conduct thorough oversight of the executive branch’s actions, leading to an unchecked expansion of executive power.

Some believe that the judicial branch, particularly the Supreme Court, has at times engaged in “judicial activism,” making policy decisions that should be in the purview of the legislative branch. This can undermine the legitimacy of such institutions. In 2022, we saw the reversal of a longstanding court decision, Roe v. Wade, and abortion advocates cried “judicial activism.” However, this change could more accurately be described as judicial conservatism, stressing the right to life and not activism which the left claims. However, it’s added fuel to the fire, as Democrats want to increase the number of judges and politically pack the Supreme Court with activist leftist judges so their dysfunctional progressive ideas are supported legally too.

The impeachment process, which is a constitutional check on the executive, has at times been criticized for being politically motivated or ineffective, as demonstrated by the outcomes of some recent impeachment proceedings on Trump during his tenure as president. The impeachment inquiry into Biden will probably fail in landing an actual impeachment of Biden just as in Trump’s case.

Concerns have been raised about the expansion of national security and surveillance powers in the executive branch, sometimes without adequate checks to protect civil liberties.

Special interest groups and lobbying can exert undue influence on the legislative branch, potentially compromising its ability to serve as an effective check on executive and legislative power.

Some argue that unelected bureaucrats and agencies within the executive branch have too much influence and operate with limited transparency, undermining accountability.

The lack of transparency and competence in the CDC and the FDA were major reasons for the Covid disaster which resulted in economically hurtful lockdowns, vaccine mandates, small business failures, ineffectual mask mandates for school children hampering their educational progress, censorship of contrarian Covid information, and false claims about the protection offered by the vaccine and subsequent booster shots. It was oppressive bureaucracy run amok, all justified with a declared national emergency for a pandemic—which in Sweden was ignored without dire economic consequences or endangering public health.

The president’s ability to appoint individuals to key positions, including federal judges, can lead to long-lasting policy and ideological shifts, potentially impacting the balance of power within the government.

It’s important to note that these challenges to the checks and balances system are not unique to any one political party or administration. They reflect ongoing debates and concerns in the U.S. political system, and addressing them is a complex and ongoing process that requires careful consideration of constitutional principles and the will of the people.

So, in conclusion, the checks and balances of the United States government are out of whack. A nightmare scenario would be a government ruled by executive order and a one-party system or authoritarian tyranny by any other name.

Image: Free image, Pixabay license, no attribution required.

 

 

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