Can we talk about the House Jan6th Select Committee subpoena re Mr & Mrs Meggs?

Occasionally I like to run various searches for Federal Complaints, Search & Seizure Warrants, & Affidavits. In early Jan 2022 Mr & Mrs Meggs sued & its one of the worst filings I’ve read in a while

In light of the recent Seditious Conspiracy Indictment (read more here and a more exhaustive article found here) it made sense to go back and reread Mr & Mrs Megg’s January 3, 2022 Federal Complaints filed in the District of Columbia (see DDC-ECF for complaint)

Mr & Mrs Meggs aka Domestic Terrorist

To be clear in December of 2021 I walked you through the following case law see Younger v. Harris which gave us the “Abstention doctrine” -as previously explained:

…the basic doctrine of equity jurisprudence…

Which is a fancy way of saying that Federal District Courts, must show “proper respect for state functions and notions of comity” ←which is why earlier today I mentioned that I didn’t think Trump’s lawsuit against the New York Attorney General’s Office was a proper venue. Meaning that Mr Vexatious Litigant aka Donald Trump can’t “sue” his way out of the several criminal investigations. Because that’s not how our judicial system works.

The case is I’m referring to is Younger v. Harris, 401 U.S. 37 (1971) in which SCOTUS held:

that "settled doctrines" of federalism narrowly confined the availability of injunctive relief against state criminal prosecutions. Specifically, the Court found that a federal court could not properly enjoin enforcement of a statute "solely on the basis of showing that the statute 'on its face' abridges First Amendment rights."

…"the basic doctrine of equity jurisprudence," under which federal courts were required to show proper respect for state functions and notions of comity.

Why the Meggs’ January 3, 2022 Civil Complaint is fatally flawed… nothing they argue ameliorate the infirmities. Nothing.

To help you to better understand the assertion that the “wireless phone subscriber/customer” does NOT own the records (which are currently the subject of numerous House Select Committee on Jan6th - one need to read no further than Verizon Wireless October 2021 Subscriber FAQ entitled;

My Verizon Wireless Customer Agreement -which clearly states that subscribers/users do not own the various records, Verizon does and to date no mobile carrier has filed a lawsuit seeking Court intervention to quash the various House Subpoenas…

……in short Criminal Defendants attempting to use Federal Civil Rules of Procedure to either delay or preemptively strike a criminal case, it’s not just impermissible it’s actually “not smart” because that’s not how a judicial system works.

Also if you’re going to publish-tweet the Meggs’ January 3, 2022 civil complaint —don’t be an Asshole —redact their address listed on the complaint. I do not condone doxing of any kind. This isn’t new, I’ve long held this position. That’s a red line that I apply to defendants, stalkers, trolls and otherwise creepily obsessed haters. Meaning even defendants who have allegedly engaged in a Seditious Conspiracy. Those who willfully dox (and then later brag about it) —understand this unimpeachable fact, these are trash human beings and are intellectually stunted. Just ask Andrew Anglin how much it cost him for doxing individuals -read more here and the November 2021 Federal Jury Verdict, found here

And if you get the sense that this civil complaint filed by Mr & Mrs Domestic Terrorist isn’t just frivolous, it’s actually offensive. Allow me to explain in greater detail. In April of 2021 I wrote about the Meggs’ family Give-Send-Go, found here. At the time of the April 2021 publication I noted that the Meggs family had multiple crowd sourced fundraising campaigns -and I think I may have answered my own rhetorical questions…

Give-Send-Go Part II Oath Keepers & Insurrectionists preferred Fundraising website for crowdfunding legal defense funds.

• February 28, 2021 Zach Meggs also created a GoFundMe campaign, (archived) which raised just over $6,000.00 —by all appearances Zach Meggs now shoulders a huge responsibility since both of his parents were arrested and charged. But what exactly is he fundraising? Supplementing the loss of his parents income? Paying for attorneys?

• March 17, 2021 Connie and Kelly Meggs’ son Zach Meggs created a fundraising campaign (archived) in less than ten days his campaign raised more than $140,000.00 - it received a considerable amplification when the GatewayPundit published this article also archived

🌶Spicy Sidebar🌶

..as many of you are surly aware this particular case has been one that started out small but even in early February 2021 I knew that this would be one of the more consequential criminal cases. As noted, the inception of Case No/Styled as;

United States v. CALDWELL Case No 1:21-cr-00028, see DDC-ECF -below are various articles, in reverse chronological order:

• February 2021, superseding indictment

• March 10, 2021 USA v Caldwell Case update (with Joshua James added as a co-defendant)

  • SUPERSEDING INDICTMENT

  • SECOND & THIRD Superseding Indictment

  • FOURTH SUPERSEDING INDICTMENT

  • FIFTH SUPERSEDING INDICTMENT

  • SIXTH SUPERSEDING INDICTMENT -see DDC-ECF -which only list seventeen defendants, while noting Person One, Person Ten and Person nineteen - note pages 5 thru 7 and the twenty one “co-conspirators” or you can pull down SR6 via Scribd

My next statement regarding the Oath Keepers Indictments;

… there will be additional superseding indictments. And if my research is correct there will be at least three additional co-defendants (not including three defendants who have enter into a plea agreement) —added to this incredibly complex criminal case.

I don’t have an exact timeframe but I would expect within the next seventy five days. Why? Easy that time frame will be just days before (the currently scheduled) commencement of their criminal trial. That assertion is largely based upon reading the various Affidavits and Indictments, which (at various times) increased the Persons to Nineteen to Twenty Two -so my assertion is largely based on deductive reasoning and actually understanding what’s important in various court filings. Again it’s tiny details like this that further buttress my assertion.

OathKeepers Defendants & Plea Agreements:

Because what might get lost in the crush of XYZ News cycle - it’s important to remind you which OathKeepers have entered into Plea Agreement(s)

• April 16, 2021 Jon Schaffer - Oath Keepers founding member - pleads guilty and see WitSec subsection of Plea Agreement or you can pull down Schaffer’s plea agreement via my public drive

• June 23, 2021 -I noted during Graydon Young’s change in plea hearing that there was another Oath Keeper that would likely take a plea too - I actually drilled down on Graydon Young’s signed plea agreement and noted that it sure read like there’s another individual who hasn’t been charged and the possible that person might be awfully chatty

• July 7, 2021 OathKeeper Marc Grods plea agreement - You can access via DDC-ECF or you can pull it down from my public drive -or you can read the July 7th article.

Mr & Mrs Meggs sue Speaker Pelosi let’s drill down on their frivolous lawsuit…

Whispers why do these plaintiffs overlook the fact that they do not own the various phone records. Those records are owned by the Mobile-Phone carrier and thusly their attempts to seek a preliminary (and emergency) injunction are not only laudable…but actually laughable. As you’ll undoubtedly note the plaintiffs failed to articulate the four prerequisite factors need when “seeking extraordinary relief” thus the “laughable” assertion…

The Meggs’ complaint completely misguided. Their attorneys should know better “filed in good faith”…something…something. The invocation of the Meggs are “private citizens” —I think they misspelled “engaged in a protracted Domestic Terror Attack which lead over 140 Law Enforcement Officers being injured , some permanently…” …because I found rereading their January 3, 2022 complaint absurd -the amount of subterfuge used in this complaint isn’t just comical it’s down right offensive…seriously that’s your argument? Do better because I’m pretty sure my oldest child could articulate a far more persuasive argument…

…Plaintiffs, Connie and Kelly Meggs (“Mrs. and Mr. Meggs”), private citizens, bring this complaint to invalidate and prohibit the enforcement of an overly￾broad, and highly prejudicial Subpoena from the SELECT COMMITTEE TO INVESTIGATE THE JANUARY 6TH ATTACK ON THE UNITED STATES CAPITOL of the U.S. House of Representatives (the “Select Committee”) issued to one or more telecommunications providers including VERIZON (the “Telecommunications Subpoenas”), without legal authority in violation of the Constitution and laws of the United States.

And the Meggs’ assertion of “spousal privilege” — the plaintiffs failed to acknowledge that similar to the “attorney client privilege” there is in fact a notable exception: “crime fraud” see SCOTUS’ landmark ruling in Trammel v. United States, 445 U.S. 40 (1980) - see Trammel v. United States. (n.d.). Oyez. Retrieved January 15, 2022, from https://www.oyez.org/cases/1979/78-5705

..again the “crime fraud” exemption also applies to “spousal privilege” —but what I found odd is, neither Mr or Mrs Meggs are witnesses, they are Defendants. And while “spousal privilege” argument may have legs —which prohibit the compulsion of a wife/husband testify against wife/husband —( I may be incorrect but I don’t think I am) —there’s no such privilege when both the wife & husband commit crimes or become the recipient of largesse derived from said crimes

Also I can’t stand sloppy lawyering - fix the date because their attorney made a rookie mistake -see red font/text… come on - do better than this nonsensical drivel. Their complaint is weak and while the assertion as it relates to a jury might stand on its own —it certainly does not fix the weakness of their primary arguments.

With respect to Criminal Defendants Mr & Mrs Meggs —upon reading pages 9 and 10 - I genuinely have nothing constructive to add because their arguments are pulled from the Trump playbook. Of which numerous courts have rejected the argument that the House Select Committee has no such authority. It doesn’t matter how many times this is argued nothing ameliorates the various infirmities of that “no legitimate legislative purpose” —Again that argument has been roundly rejected by numerous Federal District Court Judges and recently affirmed by the US Circuit Court of Appeals -DC Circuit. So it makes little to no sense why the Meggs would regurgitate such a specious argument. Which is destined to fail (yet again)

Notwithstanding I am intellectually honest enough to admit their secondary argument might actually have legs, that is the potential of “tainting a jury”-=Yet again the Meggs make numerous conclusory arguments. Yet these arguments do not address the four prerequisite factors a party must make (a showing);

1. Absent Court intervention, the plaintiff will suffer irreparable injury

2. A showing that the threat of injury to the moving party, outweighs the harm - also colloquially known as “Balancing the Interests”

3. The “likelihood of success on the merits“ (to be clear the Meggs failed to articulate their “likelihood of success on the merits” largely because they do not own the records the House Select Committee subpoenaed.

4. Granting an injunction (which courts have long held as an extraordinary relief) —An injunction “will serve the best interests of the general public

Again not only have the Meggs failed to meet the prerequisite four factors but their invocation of numerous Constitutional “Rights” I find their arguments provide minimal to zero case law to support their conclusory arguments. The most galling part is the fact that their actions overtly violated the Constitutional Requirement whereby the Joint Session of Congress to certify the Electoral College and that Mr & Mrs Meggs along with dozens of co-conspirators attacked our Country’s long held “peaceful transition of power”…

And I say this with zero respect intended, Mr & Mrs Meggs suing Congress is the epitome of insanity —doing/arguing the same thing over and over but expecting a different outcome; I hope that Congress files a Motion to Dismiss and the Court grants Congresss’ Motion. Because the Meggs’ lawsuit was filed in bad faith and it contains countless conclusory arguments and lacks almost any case law to support their arguments… again you can download the Meggs’ January 3, 2022 Complaint via DDC-ECF or via my Scribd Account

Your daily saltwater therapy…

Yesterday the National Weather Service issued (yet another) Winter Storm Advisory…

—if you’re keeping count that’s four NWS warning in less than eight days for the DMV (DC MD VA) area. This is my current view…I’d rather be at our Beach House then dealing with this👇🏻

Also silver lining and a big thank you to one of my readers, who recommended that I make soup. Last night he tried making a Salmon, Mango Chutney & Carnival Rice “milkshake” —it was frankly more disgusting than the children and rice “milkshake” —the result was -I took one sniff and involuntarily vomited. However one of my readers recommended various soups so I cranked out both of my InstaPots. It is amazing and I’m currently cooking up various soups: butternut squash, split pea and potato leek soups because the “no chewing for at least ten days” but my jaw isn’t throbbing as much as it was on Thursday or Friday — tiny tiny baby steps of progress

Be Well - Filey