NEW -House Judiciary Committee went there and it’s awesome
Full Disclosure, this is a long & detailed article. I decided to do a deep dive into “Protecting Our Democracy Act to Restore, Strengthen, & Protect Our Democracy” chug your Red Bull & try to keep up
It is a pretty comprehensive Act - see full text, found here —if you had the misfortune of following me on Twitter, you might recall the numerous threads where I explained that our Founding Father’s “genius” had the proverbial Achilles Heel — that the assumption that any American President would be a decent amd honorable President of the United States - until Donald J Trump.
That Trump’s penchant and deference towards authoritarianism, his pathological lying 123 his constant projection. It is also strange how a man who spent decades crafting this Public Image of “strength” and “Bigly Strong” and yet he constantly used the Victim Card. And NOPE not a snowballs chance in hell that the Congressional Republicans (in both chambers) would put the fate of our Democracy above their own personal largesse and tenacious grip to hold on to Power. NOPE.
At every opportunity the Senate Republicans had a solemn oath to uphold and in each impeachment they choked like a junkyard dog chokes on a bone. They not only paved the way to put Trump above our Constitution, our laws and basic human decency. So spare me the feigned indignation “XYZ will save us” ← that narrative was one of the most dangerous and disingenuous “narratives” and I’m still atoning for ever amplifying the Blue-QANON-for-the-Left disinformation and misinformation. I took a lot of shit for consistently saying the following
Stop. Just. Stop. No one is going to save us, we have to save ourselves at the Ballot box…
None of the hate-tweets bothered me. Largely because I knew that my Electoral College research was rock solid. Conversely, unlike some I’ve never withheld a public document. I’ve tried to explain complex matters in layman’s terms because I get it that legalese and legislative language can actually be really complicated.
Especially if your not accustomed to reading that jargon on a daily basis. Even in November 2020 I had that foreboding feeling that Trump et al would do something close to catastrophic, I also have several people in DC that trust me and know that I won’t ever compromise their trust in me. And the only coping mechanism I knew to turn to was, find the facts, research past certifications and then present those facts in a very agnostic manner. Although I did pray to God that my Contacts at the White House and DOJ were wrong because recent reporting confirms what was shared with me in November 2020 , December 2020 and January 2021. But I gave my friends and colleagues my word that I wouldn’t discuss what was shared with me, unless a document was made public.
Again I don’t know why so many were unprepared for January 6, 2021 —from November 2020 to January 2021 I created countless and meticulously sourced threads. I included numerous documents, procedures of the Electoral College and frankly days before January 6, 2021 I actually begged my followers NOT to come to DC because I had information that my previous threads were factually accurate and that Trump was in fact planning a straight up coup. And yes it’s satisfying to see public reporting that not only confirmed what was shared with me in confidence but also affirming my past research was on target. For Example the September 21, 2021 Reporting:
An attorney for former President Donald Trump outlined a six-point plan for overturning the 2020 presidential election results in a memo to then-Vice President Mike Pence, according to new reporting by journalists at The Washington Post and CNN.
The pressure exerted on (then) Vice President Pence was enormous. Yet despite the intense pressure from Donald Trump and his White House minions, Pence upheld his oath of office to “protect and defend the Constitution of the United States from all enemies foreign and domestic” and the Electoral College was certified in the very early morning hours of January 7, 2021.
And to be clear that’s not me saying Mike Pence is a hero or even a good guy but on this singular issue of “holding the line” (then) Vice President Pence was determined to do his level best, thereby protecting our extremely fragile democracy. Again I’m not lauding Pence -I’m merely acknowledging that he did the right thing on Jan 6th/7th. I still find Bubbles a loathsome human being. And I hope he is never elected to public office again.
Now let’s review the House -Protecting Our Democracy Act…
To be clear this might be rather granular for some of my readers, but it’s my firm belief that facts matter and opinions are like ___ and everyone has one but facts should always reign supreme. Again you can read the entire text of this proposed legislation, found here
Also in order to condense what I think is relatively important in this Act -I’m only going to focus on particular sections and subsections which directly address if America ever elects someone like Donald J Trump again… to be fair I’m not certain how much legislative juice Congress has as it relates to the Pardon Power, which our Constitution solely vest with the POTUS. That’s not me saying this is a crappy Act, this is me trying to be fair and objective, all while trying to properly set your expectations…
To protect our democracy by preventing abuses of presidential power, restoring checks and balances and accountability and transparency in government, and defending elections against foreign interference, and for other purposes.
PREVENTING ABUSES OF PRESIDENTIAL POWER - TITLE I—ABUSE OF THE PARDON POWER PREVENTION
Section 101. Short Title. Section 101 sets forth the short title as the “Abuse of the Pardon Prevention Act of 2020.”
President grants an individual a pardon for a cov5 ered offense, not later than 30 days after the date of such pardon the Attorney General shall submit to the chairmen and ranking minority members of the appropriate congressional committees—
(1) all materials obtained or produced by the prosecution team, including the Attorney General and any United States Attorney, and all materials obtained or prepared by any investigative agency of the United States government, relating to the of14 fense for which the individual was so pardoned; and
(2) all materials obtained or produced by the Department of Justice in relation to the pardon.
(b) TREATMENT OF INFORMATION.—Rule 6(e) of the Federal Rules of Criminal Procedure may not be construed to prohibit the disclosure of information required by subsection (a) of this section.
And NOPE we the general public actually won’t be able to read such filings, unless a Court Orders/Authorizes public Release of the aforementioned documents. And you betcha Executive Privilege and Attorney Client Privilege might be invoked thus possibly stymieing any public disclosure. And lastly common sense dictates if you are following anyone on Twitter that says “we get to read the Grand Jury Materials” ← then you are being fed a ton of misinformation and disinformation from individuals who clearly do NOT have a basic understand the Federal Rules of Criminal Procedure.
Therefore I’d recommend you stop following those Blue-QANON bullshit artist because they repeatedly mislead their followers. Like how many unhinged and deranged conspiracies have they trafficked in and exactly how many of their theories have ever come to pass?
Oh that’s right N-O-N-E - not a single one of their insane theories, so stop giving these charlatans your ability to use your God given “critical thinking”…or continue to believe their uninformed prognostications which are largely unmoored from actual facts - but let’s just focus on the facts elucidated in the proposed legislation…
(2) The term ‘‘covered offense’’ means—
(A) an offense against the United States that arises from an investigation in which the President, or a relative of the President, is a target or subject;
(B) an offense under section 192 of title 2, United States Code; or
C) an offense under section 1001 4, 15055, 1512 6, or 1621 7of title 18, United States Code8 provided that the offense occurred in relation to a Congressional proceeding or investigation.
SEC. 103. BRIBERY IN CONNECTION WITH PARDONS AND COMMUTATIONS…
..in paragraph (1), by inserting ‘‘, including the President and the Vice President of the United States,’’ after ‘‘or an officer or employee or person’’;
2) in subsection (b)(3), by inserting ‘‘(including, for purposes of this paragraph, any pardon, commutation, or reprieve, or an offer of any such pardon, commutation, or reprieve)’’ after ‘‘corruptly gives, offers, or promises anything of value’’
SEC. 104. PROHIBITION ON PRESIDENTIAL SELF-PARDON.
The President’s grant of a pardon to himself or herself is void and of no effect, and shall not deprive the courts of jurisdiction, or operate to confer on the President any legal immunity from investigation or prosecution.
SEC. 201. SHORT TITLE. This title may be cited as the
Oh my oh my - House Judiciary went there. And it’s a thing to behold -for the record this Act has a long way to go before it hits President Biden’s desk, meaning the Senate (looking at you Addison) might slow walk this but at least the House is laying their cards “upon the table”← you get that’s a parliamentarian lingo, right?
SEC. 202. TOLLING OF STATUTE OF LIMITATIONS
Summary and it’s totally S-A-V-A-G-E
The No President is Above the Law Act would suspend the statute of limitations for any federal offense committed by a sitting president or vice president, whether it was committed before or during their terms in office. This legislation would ensure that presidents and vice presidents can be held accountable for criminal conduct just like every other American and not use their offices as a shield to avoid legal consequences.
OFFENSES COMMITTED BY THE PRESIDENT OR VICE PRESIDENT DURING OR PRIOR TO TENURE IN OF4 FICE.—Section 3282 of title 18, United States Code, is amended by adding at the end the following:
‘‘(c) OFFENSES COMMITTED BY THE PRESIDENT OR VICE PRESIDENT DURING OR PRIOR TO TENURE IN OFFICE.—In the case of any person serving as President or Vice President of the United States, the duration of that person’s tenure in office shall not be considered for purposes of any statute of limitations applicable to any Federal criminal offense committed by that person (including any offenses committed during any period of time pre14 ceding such tenure in office).’’.
TITLE III—ENFORCEMENT OF THE FOREIGN AND DOMESTIC EMOLUMENTS CLAUSES OF THE CONSTITUTION…
About freaking time because it’s a fact, Trump never sought the approval from Congress before he immediately shredded our Constitution
Summary of SubSection:
The Foreign Emoluments Clause of the Constitution prohibits federal officers from receiving “presents” or “emoluments” from foreign nations unless Congress first provides its consent, while the Domestic Emoluments Clause bars the President from receiving any emoluments from the United States government or from any state government. The Foreign and Domestic Emoluments Enforcement Act codifies these foundational anti-corruption provisions and provides enhanced enforcement mechanisms for Congress and for entities within the Executive Branch.
Section 304 Definitions.
Section 602 defines an “emolument” as “any profit, gain, or advantage” received from a foreign government or from a state or local government, including payments arising from commercial transactions.
It further clarifies that the President and Vice President are subject to these provisions.
Section 602 also defines a “government of a foreign country” consistent with the definition provided in the Foreign Agents Registration Act.
Section 303. Prohibition on Acceptance of Foreign and Domestic Emoluments. Section;
303(a) codifies the Foreign Emoluments Clause of the Constitution by expressly prohibiting federal officers from receiving foreign emoluments without first obtaining the consent of Congress.
Section 303(b) codifies the Domestic Emoluments Clause of the Constitution by prohibiting the President from receiving any domestic emoluments.
Section 304. Civil Actions by Congress Concerning Foreign Emoluments.
Section 304 affirms the right of the House and Senate to bring legal actions concerning violations of the Foreign Emoluments Clause and sets forth procedures governing such actions.
It provides that these actions must be heard by three-judge courts and are reviewable only by direct appeal to the Supreme Court, and it requires all courts to expedite such actions to the greatest extent feasible.
Section 304 further describes the types of remedies courts may impose, and it prohibits government funds from being used to pay any disgorgement remedy ordered by a court.
Section 305. Disclosures Concerning Foreign and Domestic Emoluments.
amends the reporting requirements of the Ethics in Government Act of 1978 to require disclosures related to the receipt or potential receipt of foreign emoluments, including any business interests that may result in the receipt of foreign emoluments.
Section 305 further amends the President’s reporting requirements to require parallel disclosures with respect to domestic emoluments.
Section 306. Enforcement Authority of the Director of the Office of Government Ethics.
Section 306 provides the Office of Government Ethics (OGE) authority to enforce the prohibitions and reporting requirements set forth in Title III.
These authorities include the authority to issue compliance policies, to impose fines or order corrective actions, to bring civil enforcement actions, and to refer matters to the Office of Special Counsel (OSC) for investigation.
Section 307. Jurisdiction of the Office of Special Counsel.
Section 307 amends OSC’s jurisdiction to include authority to investigate violations of the prohibitions and reporting requirements set forth in Title III.
If OGE refers a matter to OSC, or if OSC receives a credible report of a violation of these provisions, OSC must complete an investigation within 120 days and present its findings to OGE and to Congress.
‘‘(6) any violation of section 303 of the Foreign and Domestic Emoluments Enforcement Act or of the amendments made by section 305 of such Act.’’;
OH MY this is a very interesting carve out because the duality is Congress isn’t codifying the Special Counsel Statute which sun-setted years ago - for the record a CFR is NOT the same as US Code. You get that, right? That the current Special Counsel “statute” is a CFR 9, largely promulgated by the now defunct Special Counsel Law 10. See the footnotes because I have files upon files and I actually think it’s hilarious that some Blue-QANON-for-the-Left have zero idea what a CFR is…bless their little uninformed hearts…
‘‘(d) If the Director of the Office of Government Ethics refers a matter for investigation pursuant to section 402 of the Ethics in Government Act of 1978, or if the Special Counsel receives a credible complaint of a violation referred to in subsection (a)(6), the Special Counsel shall complete an investigation not later than 120 days thereafter. If the Special Counsel investigates any violation pursuant to subsection (a)(6), the Special Counsel shall report not later than 7 days after the completion of such investigation to the Director of the Office of Government Ethics and to Congress on the results of such investigation.’’.
Like I said a CFR is NOT a codified law -but the 106th Congress ultimately passed the 1999 Act in both chambers of Congress and it was ultimately signed into law but it had a hard stop sun-set clause — 11
hence why Special Counsel Mueller was appointed by 28 CFR §600 - I genuinely mean this, if you lack the basic and prerequisite knowledge to understand the actual difference(s) between U.S. Code versus a CFR then you should not engage in perseverating or creating nonsensical disjointed threads of disinformation and misinformation particularly concerning our the Judicial or Legislative Branch. Period. Full Stop.
Hallelujah FINALLY
..because the House Act finally attempts to ameliorate the many and I mean many fubars…under the Trump Administration -he usurped the Congressional Powers, vested to Congress by our Constitution. By working to codify this Act it’s a step in the right direction for Congress to secure its inherent power.
TITLE IV—ENFORCEMENT OF CONGRESSIONAL SUBPOENAS
Senate’s authority to enforce their subpoenas through civil suits and provides special procedures governing these suits.
Section 403(a) sets forth an explicit right of action for the House and Senate and their committees and subcommittees to enforce subpoenas through civil suits.
Section 403(b) establishes special rules governing these suits. First, federal courts are required to expedite these suits to the greatest extent possible, and the congressional entity bringing the action may choose to have it heard by a three-judge panel of a district court with direct appeal to the U.S. Supreme Court.
Second, under some circumstances, courts may impose monetary penalties on an executive branch official for knowing noncompliance, and government agencies are prohibited from paying for those penalties with federal taxpayer dollars.
Third, any privilege or other ground for non-compliance is waived if the court finds that the subpoena recipient failed to produce a detailed privilege log, as required by Section 404.
Fourth, the section requires the Supreme Court and the Judiciary to establish rules of procedure to ensure these suits are expedited in the courts.
Finally, the provision preserves the accommodations process by requiring that in seeking enforcement of a subpoena, Congress must submit a certification that they have met and conferred (or attempted to) in good faith to resolve the issue without going to court.
When the Twitter naysayers were like “just sue to enforce subpoenas” well I’d like to remind you about Mike QANON-SEDITION Flynn’s insanity. Holy Shittlestix I forgot how long and detailed this Twitter thread was also archived here. And let’s not forget about Don McGahn…which was a 22+ month journey of obfuscation, subterfuge and just plain stonewalling and using our Judicial System to insulate Trump & his minions to producing documents and testimony of important witnesses…
I swear do not make me regurgitate the Inherent Contempt Power that Congress has, I had way too many individuals plagiarize my research and let me tell you my research was solid as granite…also did you really think I would randomly give you a USCA Order? I can assure you that there’s a method to my madness. Read pages 17 and 18 closely …
Section 404 Compliance with Congressional Subpoenas
Section 404 establishes specific rules for compliance with congressional subpoenas.
First, it requires all recipients to appear and testify or to produce records, in accordance with the requirements of the subpoena.
Second, it provides that the grounds for withholding information are limited to those secured by the Constitution or by federal statute.
Third, if any subpoena recipient withholds information, the recipient is required to produce a log describing each piece of information withheld and the specific basis for non-compliance.
Section 405. Rule of Construction.
Section 405 actually makes clear; that “nothing in the bill should be interpreted to constrain Congress’ inherent authority to enforce its subpoenas through other means, nor should the bill be interpreted to establish or recognize any basis for noncompliance with a congressional subpoena”
Government funds can not be used to pay any Court Ordered Fine for lack of Compliance of Congressional Subpoena(s)
‘‘(B) PROHIBITION ON USE OF GOVERNMENT FUNDS.—No appropriated funds, funds provided from any accounts in the Treasury, funds derived from the collection of fees, or other Government funds shall be used to pay any monetary penalty imposed by the court pursuant to this paragraph.”
(e) RULES OF PROCEDURE.—The Supreme Court and the Judicial Conference of the United States shall prescribe rules of procedure to ensure the expeditious treatment of actions described in subsection (a)
Such rules shall be prescribed and submitted to the Congress pursuant to sections 2072, 2073, and 2074. This shall include procedures for expeditiously considering any assertion of constitutional or Federal statutory privilege made in connection with testimony by any recipient of a subpoena from a congressional committee or subcommittee.
The Supreme Court shall transmit such rules to Congress within 6 months after the effective date of this section and then pursuant to section 2074 thereafter.
Protect Our (future) Elections…
Ensure actual Reporting of Foreign Interference in Elections - I mean one way to protect our future elections is never and I mean never elect Donald Trump to any public office. Trump isn’t fit enough to be a dog catcher…
Requires that political committees report to the FBI and the Federal Elections Commission (FEC) certain foreign contacts;
requires that each political candidate and immediate family member of a candidate notify a designated campaign committee official of certain foreign contacts;
requires the FBI to report to the congressional intelligence committees any reporting received pursuant to these provisions.
Prevent Foreign Interference in Elections: Clarifies that the definition of a “thing of value” in the Federal Election Campaign Act prohibition on foreign donations to political campaigns and candidates includes
information sought or obtained for political advantage;
enhances criminal penalties for violations of such prohibition;
requires that political campaigns certify that they understand the prohibition.
Strengthens the Office of Special Counsel’s (OSC) ability to investigate violations of the Hatch Act;
clarifies that employees of the Executive Office of the President and the Office of the Vice President can be investigated and disciplined for Hatch Act violations;
authorizes Merit Service Protection Board (MSPB) to issue fines for Hatch Act violations committed by senior political appointees; and
increases the maximum fine for Hatch Act violations by senior political appointees to $50,000.
The pure egregious nature of KellyAnne Conway’s 12 blatant and flagrant disregard for Federal Law — the OSC was completely exasperated by Ms Conway’s violations:
And please do not remind me of my previous research but I know that some of you recall my threads where I had to explain the delineation between the Merit Systems Protection Board (MSPB) —of which Trump actually never nominated candidates and therefore the board didn’t have a quorum. I am friends with a handful of employees at the Office of Special Counsel (OSC) —which is not at all interconnected to the 28 CFR §600 et seq Special Counsel Regulation).
violated the Hatch Act on numerous occasions by disparaging Democratic presidential candidates while speaking in her official capacity during television interviews and on social media…
The catalyst for those threads is I saw in near real-time people slamming the OSC Twitter Timeline, Facebook Post and then in-mass calling the OSC’s office to voice their displeasure. Two of my friends at the OSC called me in tears asking;
why do people not understand statutes and the MSPB is the adjudicating entity?
And sometimes a friend just needs you to listen, not fix something but merely sit there and listen to them. The exchange was kind of comical because I was like well not everyone knows the alphabet soup, Agency jurisdiction, and “so stipulated” (it’s an inside joke) — not a single attorney I know and I happen know a lot have ever used that or Avenatti’s rage DM & emails where he literally wrote to me….“lawyers lawyer” terminology during the course of a casual discussion. Conversely casually banding around “so stipulated” —that actually says way more about the person who utters it. (whispers it’s also screams just how insecure and/or intellectually stunted you are so you use words to sound smart.
The House Protecting Our Democracy Act was first introduced during the 116th Congress, full text can be found here. The 22 page summary per section can also be found here. Chairman Nadler’s Video summary really helps accentuate the materiality and intent.
So now you have the full text and section summaries but like I said this is merely the first step towards codification ← that’s not me poo-pooing the Act, that’s me trying to temper your expectations. If I did this correctly this article will publish while I’m out for my 6AM run.
Unless of course I decide to sleep in but I’m also super busy at work. Apparently just before I take my pre-planned month long remote working from the beach —my bosses start freaking out. You’d naturally assume that this is new - it is not. For the past eleven years my bosses know twice a year I’m at the beach. And only on two occasions did we lose power. Even then I used my hybrid’s hotspot to telework and charge our devices. I mean even during Hurricane Matthew - our house undulated for hours. We’ve had the (dis)pleasure of riding out Hurricanes; Irene, Sandy, Arthur, Hermine, Michael, and Teddy. Each time the bridge was closed and that meant those of us on the Island didn’t have a way to get back to the mainland. But during April and October is when we are onsite to do the endless list of home improvements. But us locals know that the ocean temperatures are in the upper 70’s (the golf stream hugs the outer island) until the first frost and no tourist.
At any rate I hope you have a productive day and that you make wise choices, if not well there’s always tomorrow. Also your reward for making it to the end of this endless article.
-snorting - Filey
"I'm Gonna Be (500 Miles)" cover by Music Travel Love
Should you be inclined below are a few links to this band and how to purchase their music. And absolutely not - I am not being compensated to recommend this music group.
this is actually relevant because lying to Congress —people are convicted and sentenced to prison. Hence “the truth in testimony” document many Congressional Witnesses sign before they provide testimony - if you search the various House Committees via the https://docs.house.gov you’ll note that the vast majority of Congressional Witnesses are required to sign and submit the form prior to giving their testimony. For Example: https://financialservices.house.gov/uploadedfiles/truth-in-testimony-form.pdf
“Special Counsel Act of 1999 - Amends the Federal judicial code to replace provisions of the independent counsel statute with provisions authorizing the Attorney General to appoint a special counsel0who is not a Federal officer or employee, to conduct the investigation or prosecution of a person for a possible violation of criminal law when the Attorney General determines that the appointment of a special counsel is in the public interest.
Directs the Attorney General to determine the special counsel's investigative and prosecutorial jurisdiction. Specifies that such determination shall not be subject to judicial review…”
On June 14,2020 - the OSC issued a press release , which included a copy of their long awaited highly anticipated report —the report stated that the Counselor, KellyAnne Conway. to the Presi Although the President and Vice President are exempt from the Hatch Act, employees of the White House are not. OSC’s letter to the President accompanying the report refers to Ms. Conway as a “repeat offender” and states: “Ms. Conway’s violations, if left unpunished, would send a message to all federal employees that they need not abide by the Hatch Act’s restrictions. Her actions thus erode the principal foundation of our democratic system—the rule of law.”
violated the Hatch Act on numerous occasions by disparaging Democratic presidential candidates while speaking in her official capacity during television interviews and on social media.
Although the President and Vice President are exempt from the Hatch Act, employees of the White House are not. OSC’s letter to the President accompanying the report refers to Ms. Conway as a “repeat offender” and states: “Ms. Conway’s violations, if left unpunished, would send a message to all federal employees that they need not abide by the Hatch Act’s restrictions. Her actions thus erode the principal foundation of our democratic system—the rule of law.”
“…the only coping mechanism I knew to turn to was, find the facts, research past certifications and then present those facts in a very agnostic manner“: this entirely rings true to everyone who puts your work at the front of the line.
I don’t doubt that your bosses have withdrawl anxiety in advance!
Long, intricate read, Mic. Imma need to ingest more caffeine and tackle this again.
Gratifying to understand that the statute of limitations will not run out on TFG’s shit - (correct me if I misread, please) - because may be certain that he will drag every tiny advance out, and will be successful in avoiding accountability if he dies of old age/dementia/heart attack on a golf course
“…the only coping mechanism I knew to turn to was, find the facts, research past certifications and then present those facts in a very agnostic manner“: this entirely rings true to everyone who puts your work at the front of the line.
I don’t doubt that your bosses have withdrawl anxiety in advance!
Long, intricate read, Mic. Imma need to ingest more caffeine and tackle this again.
Gratifying to understand that the statute of limitations will not run out on TFG’s shit - (correct me if I misread, please) - because may be certain that he will drag every tiny advance out, and will be successful in avoiding accountability if he dies of old age/dementia/heart attack on a golf course
OMG! This is comprehensive. Thank you so much for taking your valuable time to explain this to us. You are a National Treasure!