What Elephant is NOT in the Room?

2019 December 11
tags:
by drdog09

Courts. Yes indeed. The FISA system is referenced in the above video by Cruz. But they in this instance are going to play the victim. Reality is its ALL the courts. From your local JP that has to run in a local election all the way to the SCOTUS. What is their failure? Being a disinterested third party. Out of 33,000 FISA applications submitted by the DoJ only 11 had a challenge and were denied. The basis for the denials? Typically technical errors are rarely plausible clause grounds.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

As envisioned a magistrate fulfilling the role defined by the 4th Amendment must be adversarial in nature literally standing in stead for those that are to be searched or seized. That is affirmed by the phrase ‘but upon probable cause’. It is the enforcement officer to make the claim of probable cause but it is the duty of the magistrate to determine the validity of such statements. Blind faith was never envisioned. The oath or affirmation is to provide pause to the request or that criminal options abound if they lie. But such oath or affirmation does not relieve the magistrate of the duty to test the probable cause. It is this short shift that courts apply to their adversarial purpose that permits a travesty that is detailed in the Horowitz report. The creeps at the FBI pulling off this coup in a adversarial situation would not have tried as they would have been found out by a judge just making a few phone calls.

In the FISA situation all the judge would have needed to do is look at the documentation, call the appropriate CIA operations desk and ask “… are these four individuals on assigned duty to the agency?” That simple inquiry would have tipped the judge that the probable cause against Carter Page was false. A second call to the DNI would have confirmed other suspicions.

The courts up and down the chain complain of over load. The reality is that due to lax inquiry at the warrant level is the cause of most of it. Law enforcement not being challenged make errors at an ever increasing level. The original arrest goes forward. Another judge is required for arraignment. Then at trial another judge is involved. Yet another judge if it become a parole opportunity. That does not include the civil and criminal counter suits that flow in the court system all because the issuing judge trusted the requesting officer for the warrant gone bad. The classic example is the plethora of wrong address raids committed by law enforcement. A judge checking tax records could stop a majority of those incidents in a heartbeat. Its all online these days.

FISA needs to be suspended in its current form. The court system up and down the line needs reform and more accountability. Bad judges are literally getting away with murder.

50 Responses leave one →
  1. 2019 December 11 4:42 pm
    [1]
    drdog09 permalink

    I will not believe that the courts are the ‘willing victim’ in most of the cases that LEOs commit vital errors. The courts are willing participants.

  2. 2019 December 11 4:49 pm
    [2]
    Eph permalink

    Ted Cruz… Gearing up For 2024

    -Eyore having another 😢

  3. 2019 December 11 5:49 pm
    [3]
    justrand permalink

    The importance of the movie ‘Justice at Nuremburg’ cannot be overstated…nor its relevance to our situation today. The first time I saw this as a child I had already read a lot about the history of WWII, and the horrors of the Nazis. So I was struck by the fact that the movie isn’t about Goering, or Himmler, or the SS. It is about the JUDGES and JUSTICES who either abetted the Nazi regime, or did nothing to even slow it down.

    They twisted German law to give the imprimatur of “Justice” and “legality” to the twisted premises and actions of National Socialism. THAT is why the movie focuses on them…they were the lynchpin.

  4. 2019 December 11 6:26 pm
    [4]

    re:op
    Amen.
    from the clip:
    I love how specifically sent\directed ‘confidential human sources’… are somehow not spies to this jackass?

    re:#1 Yup they are fully aware of what they’re doing.

    As for the pols… yawn, more words and strongly worded letters, still no accountability and Senators like this have done zero to address FISA abuse, not to mention other oversight.

  5. 2019 December 11 7:26 pm
    [6]
    JimNorCal permalink

    Shootings in Jersey were done by blacks
    (Consults Chart)

  6. 2019 December 11 7:30 pm
    [7]
    drdog09 permalink

    China’s rare earth dominance busted — https://www.youtube.com/watch?v=4uV5fvSZFoE

  7. 2019 December 11 8:05 pm
    [8]
    bc3b permalink

  8. 2019 December 12 5:01 am
    [9]
    JimNorCal permalink

    Brit election today

  9. 2019 December 12 7:06 am
    [10]
    drdog09 permalink

    Grahams’ open IG meeting — https://pjmedia.com/trending/cnn-msnbc-cut-away-from-horowitz-hearing-into-obama-fisa-abuses/ — Its 40mins long. But its a lay mens barn burner.

    It might very well be Graham’s peak moment in his life.

  10. 2019 December 12 7:15 am
    [11]
    justrand permalink

    drdog, I understand CNN & MSLSD skipped it almost completely.

    here’s a great distillation of the whole Horowitz testimony:

    https://twitchy.com/samj-3930/2019/12/12/i-rest-my-case-carpe-donktum-breaks-horowitzs-testimony-down-in-thread-that-makes-fbi-and-democrats-look-even-worse/

  11. 2019 December 12 8:51 am
    [12]
    drdog09 permalink

    Paraphrasing a Stalin quote:

    “A million lies become a truth,
    A single lie is a tragedy.”

    This is what the shell of the American press has done over the last four years against multiple individuals in and out of government.

  12. 2019 December 12 8:52 am
    [13]
    bc3b permalink

    When you look for synonyms for propaganda, the following words appear: misinformation, disinformation, indoctrination, party line, half-truths. That pretty well covers CNN.

    I don’t get upset by MSNBC because it doesn’t masquerade as an objective news source. CNN still does.

  13. 2019 December 12 8:58 am
    [14]
    Eph permalink

    12 DR,

    Video of the year !!!!

    -Eyore on suicide watch

  14. 2019 December 12 9:21 am
    [15]
    Eph permalink

    DR

    Pay me $250,000 a year and Ill go on cable news and say the same exact thing… Then retire after a few years on the job.

    Money talks, bullshit walks.

  15. 2019 December 12 9:33 am
    [16]
    drdog09 permalink

    Eph,

    Its a great gig if you can get it. Heck, look at Stelter on CNN. He’s pulling down big bucks thanks to being the CEOs butt boy for years. And Don Lemon, all I can say is he must have pictures on somebody. Both are so clueless.

  16. 2019 December 12 9:38 am
    [17]
    drdog09 permalink

    “Generally speaking, if leadership of the majority party is publicly leaking that they expect at least a half-dozen defections a week before the actual vote, the number of defections on said vote is likely to be much higher. It’s remarkable that Democrats are now readily admitting they will lose at least six Democrats on the vote, probably more, but Bade and DeBonis have also confirmed now that Rep. Jeff Van Drew (D-NJ) will vote against Articles of Impeachment, just as he voted against opening the impeachment inquiry to begin with.”
    https://www.breitbart.com/politics/2019/12/11/report-democrats-expect-wide-scale-defections-on-articles-of-impeachment-vote/

    They quouth 6 the number is probably 20.

  17. 2019 December 12 9:38 am
    [18]
    Eph permalink

    DR,

    Want to bet that half of these people voted for Trump???

  18. 2019 December 12 9:40 am
    [19]
    Eph permalink

    17.

    So the “vote” is days from Christmas

    Thats all you need to know…

  19. 2019 December 12 9:56 am
    [20]
    drdog09 permalink

    19,

    They hold it next week or carry over to next year. Congress goes into recess only days after.

    Oh and consider. House passes USMCA after sitting on it for over a year. Why now? Piggy promised never to get it done. Could it be that the move was to take heat off the impeachment effort? Another squirrel move. Regardless Trump wins again.

    Oh and by the way folks, Tump’s judgeship count is now up to 180.

  20. 2019 December 12 10:03 am
    [21]
    justrand permalink

    I predict Pelosi is already negotiating with her caucus to figure which 16 congress critters she will allow to vote against Impeachment. I think that is the number she can “lose” and still pass it. Though 16 will represent the most “at risk” seats…and she will want to keep them.

    Remember, the only standards the Democrats have are double-standards

  21. 2019 December 12 10:19 am
    [22]
    drdog09 permalink

  22. 2019 December 12 10:24 am
    [23]
    drdog09 permalink

    21,

    Yes. Sadly I bet that the GOP minority whip is not scaring the 31 swing district Dims enough. Said whip ought to be pointing out the $$ and forces that are being aligned against them to make sure of their political destruction in 2020.

  23. 2019 December 12 11:38 am
    [24]
    justrand permalink

    the last paragraph is killer:

    ==> “The final wild card, suggested by John Yoo, is that Trump himself could demand to appear in the Senate to defend himself. You could easily see Trump doing this, to the largest TV ratings in this history of the known universe. The earth itself might stop spinning on its axis. Sure, it’s high risk, but Trump likes this kind of high risk. It would be the greatest show ever. And I’ll bet Democrats would regret the impeachment mess they created.

    https://www.powerlineblog.com/archives/2019/12/the-democrats-bad-poker-faces.php

  24. 2019 December 12 12:05 pm
    [25]
    drdog09 permalink

  25. 2019 December 12 12:27 pm
    [26]
    drdog09 permalink

    24,

    “Remember, you wanted this ….” As Trump points to Feinstein and Harris.

    Are the two articles offered by the House ‘legal’?

    There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.” — Federalist 78, Madison, The Guy who wrote the USC.

    Well if the two articles do not rise to high crimes and misdemeanors per the USC it would appear to me that the House is committing a criminal act. Something to ponder eh?

  26. 2019 December 12 4:18 pm
    [27]

    7 – Interesting, nice to see some positive news on that front, both for us and japan, and by extension others.
    8 – Why am I not surprised.
    9 – Yup should be interesting, fingers crossed.

    17 – She will have the numbers she needs if she wants it to pass.
    20 – Not to mention the further they could delay it, the further any positive effects it could have, particularly economic, with say particularly north mid-west on the mind.

    24 – Trump rally style live from the senate floor. 🙂 I could see it, in fact the more insane they makes this, the less risk I see in doing something like that and just going for jugular and laying it all out bear. The side-effect… he’d actually give the MSM a one-night ratings bonanza.

  27. 2019 December 12 4:19 pm
    [28]
    justrand permalink

    looks like Trump, I mean Johnson, is running away with it in England!!

    https://www.powerlineblog.com/archives/2019/12/the-stakes-in-britain.php

    and the Left over there is as “happy” about that as they were when Trump won here!

    Huzzah!

  28. 2019 December 12 4:28 pm
    [29]
    justrand permalink

    golly, this should end well…let’s consider:

    First, the vast majority of Virginia National Guardsmen come from rural SOUTHERN Virginian counties…so the Democrat zealots would be asking them to go and disarm their own FAMILIES.

    Second, those families. VERY strong belief in our Constitution and the 2nd Amendment. They are NOT going to forcibly disarmed…PERIOD.

    The Democrats who took control of the VA Statehouse should think about what is coming out of their mouths. We the People are getting sick and tired of it.

    https://bearingarms.com/tom-k/2019/12/12/va-dems-threaten-use-national-guard-sanctuary-counties/

  29. 2019 December 12 4:34 pm
    [30]

    28 – Well if that’s true then I hope their exit polls are more accurate than ours, or for that matter their own polling up though election eve in 2016 brexit. Sounds hopeful, not that Johnson is some panacea, but good god the alternative….talk about the UK dodging a bullet.

  30. 2019 December 12 4:39 pm
    [31]

    29 – The last line about them really not wanting it…. I’m really starting to think, that they think, the time is approaching where they can finally get away with it.

  31. 2019 December 12 5:35 pm
    [32]
    bc3b permalink

    UK election results on C-SPAN2

  32. 2019 December 12 5:44 pm
    [33]
    bc3b permalink

    The elites (including Francis the Marxist) are working to change the demographics in democracies as quickly as possible.

    I’m glad to have closed caption because I don’t know what language these people are speaking. It certainly isn’t English.

  33. 2019 December 12 5:50 pm
    [34]
    Eph permalink

    23. No
    24. Yes
    25. Maybe
    26. No
    27. Yes
    28. Maybe

  34. 2019 December 12 5:57 pm
    [35]
    justrand permalink

    There 132 counties in Virginia…over 80 of them have declared themselves 2nd Amendment Sanctuary counties.

    https://bearingarms.com/came/2019/12/12/northam-threatens-consequences-2a-sanctuary-counties-sheriffs/

  35. 2019 December 12 5:59 pm
    [36]
    JimNorCal permalink

    Tories crushing it. I believe the Exit Polls, normally (like here) they are slanted a bit to the Left as Righties don’t cooperate.

    Babylon Bee goes from strength to strength
    https://babylonbee.com/news/powerful-loggers-carved-how-dare-you-into-the-forest-while-cutting-down-trees-for-time-magazines-person-of-the-year-issue
    Loggers Carved ‘How Dare You’ Into The Forest While Cutting Down Trees For Time Magazine’s Person Of The Year Issue

    The. Illustration. Is. Great.
    Click over to see it 🙂

  36. 2019 December 12 7:08 pm
    [40]
    bc3b permalink

    One district that voted Labour in every consecutive elect election since 1935 went Conservative tonight.

  37. 2019 December 12 8:19 pm
    [42]
    drdog09 permalink

    39,

    Okay, but much of the damage has already been done. A good chunk of the American corp presence have/are moving to places like Vietnam, India, Cambodia. These kind of decisions can last a decade or more.

  38. 2019 December 12 8:25 pm
    [43]
    drdog09 permalink

    40,

    Something tells me that England will exit the EU rather quickly now.

  39. 2019 December 12 8:34 pm
    [44]
    JimNorCal permalink

    41, JR, The Guardian is a Leftie bastion.
    Fun to read their reports and realize how much it bugs them to print those words!

  40. 2019 December 12 8:39 pm
    [45]
    drdog09 permalink

    37,

    What is provided in that link jives with the point of this blog post. Had the judge picked up the phone to the CIA for validation no warrants would have issued and CrossFire Hurricane would have been dead in their tracks. Judges need to start being inquisitive about warrant requests.

  41. 2019 December 12 8:57 pm
    [46]
    JimNorCal permalink

    I linked this in the previous post and it also discusses the FISA court.

    https://amgreatness.com/2019/12/10/what-about-the-fisa-court/
    “Since the quality of judges’ judgments so depends on what is presented to them being “the truth, the whole truth, and nothing but the truth,” judges are notoriously jealous guardians of their court’s integrity. But since early 2017, first a trickle, then a flood of evidence has become public that at least four of the FISA court’s approvals of surveillance warrants were based essentially on political lies. And yet, no judge has hauled in any bureaucrat to face sanctions for contempt of court. Nor have there been complaints from the judiciary to the Justice Department.”

  42. 2019 December 13 5:22 am
    [47]
    drdog09 permalink

    ” … And yet, no judge has hauled in any bureaucrat to face sanctions for contempt of court. Nor have there been complaints from the judiciary to the Justice Department.”

    Who is there to complain? The State actors certainly are not. They are getting what they want. Nor will the judges that F’d up. Don’t want to tarnish that integrity ya know. And with a FISA request there is no appeal. Hell there is no representation or defense to those being tracked by a FISA warrant.

    Sadly my guess is that the only reason that the Senate is having hearings on the matter is because the FBI got caught with their hands in the cookie jar and the jar was a politician. The creature that they created was scratching at their front door and that made them nervous. Had it not been for that somebody would have sent a strongly worded letter to DoJ and that would have been the end of it.

  43. 2019 December 13 8:13 am
    [48]

    36 – Turns out they actually were slanted right (predicting +~80) got +66, either way, a massive win.

  44. 2019 December 13 8:14 am
    [49]

    46 – They were in on it.

  45. 2019 December 13 8:22 am
    [50]
    Eph permalink

    48,

    A massive win? Where have I heard that before?

    -Eyore is still king

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