It’s not pleading the 5th. Invoked on specific question(s), A/C Privilege & Executive Privilege Trump’s one trick playbook - updated with additional subpoenas
For the umpteenth time -one does NOT plead the 5th -one can invoke the 5th (self incrimination) on specific question(s). Yet this fallacy persists thanks to uninformed individuals and pop/meme culture
Happy Monday
Here’s your preemptive 2 minutes of stress relief…because this is going to be one helluva crazy week.
File a federal lawsuit…or not
I don’t know why there’s a misconception that the US House of Representatives should always look to litigate the enforcement of their lawful subpoenas. If you recall some of us kept sounding the alarm —that Congress literally allowed the Executive Branch to usurp power the constitution solely vest with Congress. This issued reached its zenith during the Trump presidency. Those who’ve taken the time to understand how Donald Trump operates, especially in the judicial arena would have already known that Donald Trump is the textbook embodiment of “vexatious litigant” ←in non-legalese this loosely translates to someone who has a higher than average propensity to file (albeit frivolous) lawsuit.
Trump has a long and well documented history of weaponizing both our State and Federal Judiciary —where Trump and his cadre of attorneys repeatedly attempt to bend the arch of justice towards corruption, intimidation and near lawlessness. Because Donald Trump and that of his “real estate empire” have an innumerate amount to lose. And boy talking about Trump’s judicial win:loss (W:L) ratio ←that also highlights the seriousness of the various frivolous lawsuits. If the preliminary data is correct Trump W:L ratio is in the neighborhood just shy of 9:1 meaning out of every ten lawsuits his win:loss ratio is simply atrocious, kind of like most of his legal arguments but I digress. FFS this is the same individual who cited some magical power in the Constitution and “other things”
👆🏻…which was a follow up to this article — circling back to the assertion that Trump uses “magical, mythical and secret constitutional powers” that only he knows about. I present to you his second impeachment ← because even back in February 2021 I reminded my readers about the Fulton County DA and provided my readers with the letter, found here.
Fulton County DA & Manhattan DA updates:
Most investigations tend to be done “quietly” and little to no leaks from the prosecutor’s office(s) —such is the case for the Fulton County DA’s into the potential criminality of Donald Trump’s..
“…a grand jury dedicated solely to the allegations of election tampering.. that her own investigation is ramping up,”which The New York Times reported Saturday
As NYT’s article suggests the Fulton County DA’s Office has been bogged-down with both under staffing and under funding. The DA has repeatedly begged for additional funding because of the unprecedented and historical case back log, coupled with nearly 1,400 defendants would be released on bond.
So if that public reporting is accurate —meaning if the Fulton County DA’s office is in fact empaneling a grand jury specifically to look at the facts and evidence as to Donald Trump’s conduct and his recreated efforts to over turn the 2020 election results in Georgia —well I think you should take a moment and read the recent analysis by the Brookings Institute. For Example:
“Trump made personal ‘entreaties to senior state officials’ —from Secretary of State Raffensperger to Attorney General Chris Carr to Governor Brian Kemp..”
‘[In an attempt] to ‘alter the outcome of a presidential election’ whose results had already been certified “
Which means that in addition to the regular course of business for the Fulton County DA’s Office —they have been quietly doing their job by investigating the criminality of Trump’s conduct, the intent to overturn . It wouldn’t be at all surprising that the DA will use evidence produced by other entities investigating Jan6th. But one important nugget that I think you should remember, on October 31, 2021 Brad Raffensberger appeared on numerous News Outlets, likely baked into his book promotion tour - but he said something that immediately caught my attention and caught me off guard “gladly participate” in an interview with Fulton County District Attorney’s Office currently investigating Donald Trump’s alleged election interference, pursuant to GA § 21-2-604. Criminal solicitation to commit election fraud; penalties -which definitely telegraphs that the DA hasn’t reached out and/or interviewed him? Perhaps it was a slip of the tongue and I’m overly obsessing over tiny details…
Which now brings us to…
House Select Committee Jan6th
Jeffrey Clark 1 2 days and I mean days before Clark was expected to testify before the House Select Committee, Clark and his attorney Robert Driscoll parted ways nonetheless Mr Clark “appeared” before the Select Committee on November 5, 2021 -and the Select Committee’s Chairperson Bernie Thompson issued the following statement - after Clark made a brief appearance for his deposition last Friday
…As prescribed by the House Rules, I have considered Mr. Clark’s claim of privilege and rejected it…
“Mr. Clark’s complete failure to cooperate today is unacceptable. His refusal to answer questions about the former President’s attempt to use the Department of Justice to overturn the election is in direct contrast to his supervisors at the Department, who have come in and answered the committee’s questions on these important topics. It’s astounding that someone who so recently held a position of public trust to uphold the Constitution would now hide behind vague claims of privilege by a former President, refuse to answer questions about an attack on our democracy, and continue an assault on the rule of law.
Subtext here = criminal referral to DOJ, Court Order and/or Referral to DC Bar
As prescribed by the House Rules, I have considered Mr. Clark’s claim of privilege and rejected it. He has a very short time to reconsider and cooperate fully. We need the information that he is withholding and we are willing to take strong measures to hold him accountable to meet his obligation.”
If you’ll recall early last month the Senate Judiciary made a formal referral to the DC Bar concerning Mr Clark. And if my assumption is correct I would expect the Select Committee to publish the transcript of the deposition —wherein Mr Clark absurdity asserted vague executive privilege, attorney client privilege (which has one known exemption crime/fraud), and it appears Mr Clark may have invoked his 5th Amendment Right —but I’d genuinely be curious to know if the Select Committee offered immunity to some of the witnesses…
As the House Select Committee previously noted:
while serving as an official at the Department of Justice, Mr. Clark was involved in efforts to interrupt the peaceful transfer of power.
Mr. Clark proposed delivery of a letter to state legislators in Georgia and others encouraging to delay certification of election results.
..he recommended holding a press conference announcing that the Department was investigating allegations of voter fraud despite the lack of evidence that such fraud was present.
Both proposals were rejected by Department senior leadership for lacking a factual basis and being inconsistent with the Department’s institutional role.
Mr. Clark failed to follow Departmental policy in his communications with the White House and that the former President considered installing Mr. Clark as Acting Attorney General.
So the fact Clark flat out refused to answer questions posed by the House Select Committee is astounding. But to do so with impunity, that can’t stand. Meaning however long it takes Clark should be held accountable for his duplicity and encouragement to over throw the election, thus engaging in subversive behavior…
Mr Clark opted to enter this 12 page letter into the deposition record…
Which you can access via the House Document Repository or simply click on my Scribd Link… because the linguistically and legal arguments presented here are clever but certainly doesn’t make Mr Clark the grand supreme guardian/protector of our Constitution… I got to that paragraph and audibly screamed WTFingF is this rancid word salad of conclusory madness… yes it’s that bad and yes Clark states “he is a strong defender of the Constitution”…
Decline due to a threshold matter but submitting an 11:59 hour objection letter? The executive privilege Clark purports is not his to invoke. Attorney Client privilege has one powerful exemption: crime/fraud…I can’t believe the audacity and temerity of Clark’s letter.
“Accordingly, beyond showing up today to present this letter as a sign of his respect for a committee of the House of Representatives, albeit one not formed in observance of the ordinary process of minority participation, Mr. Clark cannot answer deposition questions at this time,”
The subterfuge articulated in this rambling and quasi incoherent arguments is beyond heard scratching —because in Clark 12 page letter he actually argues against his “current” position and then does the dodge and pivot back to Donald Trump will protect me…
“…Mr. Clark had nothing to do with the January 6 protests or the incursion of some into the Capitol… He has informed me he worked from home that day to avoid wrestling with potential street closures to get to and from his office at Main Justice. Nor did Mr. Clark have any responsibilities to oversee security at the Capitol or have the ability to deploy any Department of Justice personnel or resources there.”
So yes when I say this week is going to be one helluva week this is only 1 of the 26+ serious issues facing Trump and former administration officials…again you can read Clark’s letter and draw your own conclusions. You can also read the October 13 letter from the Select Committee to Clark, found here. I’ve read Clark’s letter six times and each time I find myself wondering;
what will the House Select Committee do next?
How will they enforce subpoenas?
How do you compel testimony when there are inherent constitutional protections.
And lastly recent public reporting suggest that Chairman Thompson has some 20+ subpoenas that are ready to go…
Also my week is maxed out to capacity so I might not be writing as feverishly as before. But on the upside -it appears my new car will be delivered to my home in the coming days. My local dealer found a 2021 certified car and it’s being shipped from Walnut Grove CA to my house in the DMV (DC MD VA). Apparently on the West Coast there’s a surplus of my particular hybrid (ES300h -L) whereas on the East Coast the supply it almost nonexistent. Some 30 days later and I’m still in an air cast, 2 steel rods pounded into my jaw and a pretty decent looking nose. So I’d say yes progress can be slower than you’d like but nonetheless it’s still progress.
-Filey
Updated November 8, 2021 - House Select Committee:
Select Committee issued subpoenas to the following individuals for records and subpoena testimony - Chairman Thompson issued the following statement:
…who they were talking to in the White House and in Congress… ← oh dear…
“In the days before the January 6th attack, the former President’s closest allies and advisors drove a campaign of misinformation about the election and planned ways to stop the count of Electoral College votes. The Select Committee needs to know every detail about their efforts to overturn the election, including who they were talking to in the White House and in Congress, what connections they had with rallies that escalated into a riot, and who paid for it all. The Select Committee expects all witnesses to cooperate with our investigation as we work to get answers for the American people, recommend changes to our laws that will strengthen our democracy, and help ensure nothing like January 6th ever happens again.”
William Stepien previously served as manager of the Donald Trump 2020 reelection campaign. The campaign reportedly and repeatedly urged state and party officials to affect the outcome of the November 2020 election by asking states to delay or deny certification of electoral votes and by sending multiple slate of electoral votes to the United States Congress.
Jason Miller, a (disgraced) Senior Advisor to former President Trump’s 2020 reelection campaign, spread the false claim that the November 2020 had been tainted by widespread fraud. Even before the election, Mr. Miller publicly claimed that Democrats would “steal” the election, a message that individuals who attacked the U.S. Capitol echoed on January 6th. After the election, Mr. Miller coordinated with Mr. Trump and Rudolph Giuliani, and claimed in public press events that the election was rigged. Additionally, according to public reports, Mr. Miller participated in a meeting on January 5th, 2021 at the Willard Hotel in Washington, D.C., in which Mr. Giuliani, Stephen Bannon, and others discussed options for overturning the results of the November 2020 election by, among other things, pressuring Vice President Pence to not certify the electoral college results.
Angela McCallum, national executive assistant to former President Trump’s 2020 re-election campaign, reportedly participated in efforts to spread false information about alleged voter fraud in the November 2020 election and to encourage state legislatures to alter the outcome of the November 2020 election.
Specifically, there is a publicly available recording of a voicemail that Ms. McCallum reportedly left for an unknown Michigan state representative. In the recording, Ms. McCallum wanted to know whether the Trump campaign could “count on” the representative and said that the individual had the authority to appoint an alternate slate of electors based on purported evidence of widespread election fraud.
John Eastman reportedly advised President Trump and others that Vice President Pence could reject electors from certain states in order to deny Joe Biden a majority of the Electoral College vote.
In the days before the deadly January 6th Attack, Eastman is reported to have participated in a briefing for nearly 300 state legislators regarding purported election fraud, during which he told the group that it was “the duty of the[] legislatures to fix this, this egregious conduct, and make sure that we’re not putting in the White House some guy that didn’t get elected.”
Mr. Eastman reportedly participated in the January 5th, 2021 meeting at the Willard Hotel in Washington, D.C. and he spoke at the rally on the Ellipse on January 6th prior to the attack on the U.S. Capitol.
Michael Flynn reportedly attended a December 18th, 2020 meeting in the Oval Office during which participants discussed seizing voting machines, declaring a national emergency, invoking certain national security emergency powers, and continuing to spread the false message that the November 2020 election had been tainted by widespread fraud.
The day before the Jan6th attack, Flynn gave an interview on Newsmax TV during which he talked about seizing voting machines, foreign influence in the election, and the purported precedent for deploying military troops and declaring martial law to “rerun” the election
There have been conflicting public reports that Flynn may or may not have been present in the Hotel War-Room ←I’d like the committee to conclusively state if Flynn did or did not.
Bernard Kerik reportedly participated in the January 5th, 2021 meeting at the Willard Hotel in Washington, D.C. Mr. Kerik reportedly paid for rooms and suites in Washington, D.C. hotels that served as election-related command centers, and
also worked with Mr. Rudolph Giuliani to investigate allegations of voter fraud and promote baseless litigation and “Stop the Steal” efforts.
The letters to the witnesses can be found here:
I am really glad you brought up Raffensberger because as I started reading what's going on with the GA election investigation, he immediately came to mind. Hopefully by now he has been questioned and they're woefully short staffed as you say.
Clark definitely needs to be held accountable for his utter hubris. They all have been trained to think they're above the law, so it's time for some major slap downs.
Did you see the latest list of subpoenas? It includes Eastman and Flynn.
Sweet news about your new car! I am also glad to know you are mending well. Rest when you can, please.
I’m glad they found you a great car from Walnut Grove. And that you’re on the mend. Loved the newsletter and oh boy oh boy it sure looks like it’s gonna be a crazy week. I think this dropped after you published:
https://twitter.com/january6thcmte/status/1457809136943501320?s=21