The fourth hearing -witness panel- the Devil went down to Georgia, right Mark? Also “pocket pardons”

I think you should also understand that the HSCJ6 might be letting other Trump enablers off the hook. Looking at you: Meadows, Patel, Giuliani, Ron Johnson, Senate & House Republicans writ large

Remember in November 2020 someone gave you the complete road map…

Apologies but I need to repeat this because in November of 2020 I took so much heat for this Twitter Thread —to be clear I had played out multiple murder boards and each time I played it out it landed me back to the conclusion that Trump would do everything to decertify the State Electors —see the full archive of textunroll where I literally tweeted & included a crushing amount of documents to support my primary assertions:

• Trump would file numerous frivolous lawsuits in specific states.

• Trump would then apply “maximum pressure” to specific Republican controlled state legislatures to coerce specific States to throw out the Electors by the night of December 13, 2020

• Trump would then use the Joint Session to blow up the certification of the ballots from the Electoral College

• And then declare himself the winner

Because that’s how most narcissist sociopaths operate, it’s never about the Country or for the greater good, it’s always about the narcissist undying thirst to hold on to power. By any means necessary. But at the end of the day Twitter’s disquiet seems to utterly drown out those who have the facts and documents to support said assertions. But cutting through the Blue QANON and QANON is often a exercise in futility.

You can read more here

I’m serious because it would be a total asshole thing to say:

I. Told. You. So on November 10, 2020 (snort mainly me laughing at myself) again it was archived by someone else on the 10th but the TwText roll can be found here

To be clear the criticism that was sent my way, it was absolutely expected. I don’t fault those on Twitter who said I was off the mark. The reality is I knew that I wasn’t. And at all relevant times I provided the historical documents.

Conversely I felt that I had moral (and patriotic) obligation to inform my followers on what Trump’s play was and would be. Lastly I wanted nothing more than my November 2020 twitter threads to be wrong, but in my heart I knew I wasn’t wrong. This ultimately meant that our Republic and Democracy would be put in a historical position. This is particularly evident in the recent testimony of various HSCJ6 witnesses. Many of whom have the following in common: 1) die hard Republicans (not the pejorative slur of R.I.N.O.s), 2) took an oath of office, which requires then to “support and defend the Constitution of the United States against all enemies, foreign and domestic”, 3) their testimony was emotional at times.

Irrespective of the accuracy of the aforementioned predictions, I am still struck by the Republicans (especially those currently in Congress) defending the indefensible. Worst yet? The many and I mean many Election Deniers seeking the same positions that our institutions rely upon in 2020. Preliminary election data suggest that Trump’s 120 election denier endorsed candidates are now in the general election.

Like I said Trump is a malignant cancer that has completely taken over the Republican Party. As in the inmates are now running the asylum and that should send a chill up your spine. Simply put the Trump endorses candidates do not have the same courage, moral compass and desire to uphold their oath of office (there’s a reason I published an article about the Oath of Office, found here), as Rusty Bowes, Brad Raffensperger, Gabe Sterling, Al Schmidt and countless other State and Local Republicans. And that fact alone is absolutely terrifying because Trump’s 2020 Coup didn’t work out but his 2024 attempt will now be largely successful because we now have 120+ election deniers that could be elected into the same positions once held by honorable men/women. Which is something I really tried to convey in my article from a few days ago, you can read more here

January 6th Committee @January6thCmte

Donald Trump was told by his own advisors that he had no basis for his stolen election claims, yet he continued to pressure state officials to change the election results.

/video/1

Trump’s efforts to defraud the United States of America and he had plenty of enablers…

Can we please dispense with the clickbait nonsense of “Trump’s secret plot” —there was nothing secret about Donald J Trump’s seditious conspiracy. Trump and his co-conspirators shamelessly did this in the wide open.

Why for the love of Nancy —why have so many reporters decided to “cherry picked” the important and relevant news. Countless mainstream media reporters willfully withheld “news” and these same reporters then hold on to those facts/news for a lucrative book deal. Perhaps I’m naive in believing the mainstream media, especially reporters assigned to the White House understood that our Democracy is far more valuable then a lucrative book deal. Yes I know that’s a rant but I am really tired of mainstream

There were heroes that did not betray their oath of office…

Much will be said about the HSCJ6 June 21, 2022 hearing.

• The Honorable Russell Bowers Speaker, Arizona House of Representatives -he "didn't want to be used as a pawn" in Trump's scheme. See his comments of Rep Andy Biggs, here

Rep. Andy Biggs urged AZ House Speaker Rusty Bowers to REPLACE Biden electors w Trump electors on morning of Jan 6. “He asked if I would sign on both to a letter sent from my state / that I would support the decertification of the electors... I said I would not” see video here

“For me to [betray an oath to the Constitution] because somebody just asked me to? … I will not do it.', see video here

• The Honorable Brad Raffensperger , Georgia Secretary of State, see video here

"I think sometimes moments require you to stand up & just take the shots — you're doing your job. And that's all we did. We just followed the law & followed the constitution. At the end of the day, President Trump came up short." see video here -see video of Raffensperger on the audits here

• Mr. Gabriel Sterling — Chief Operating Officer, Office of the Georgia Secretary of State -also see video here,

Panel two

• Ms. Wandrea ArShaye "Shaye" Moss - Former Registration Officer, Fulton County Department of Registration and Elections, Fulton County, Georgia and her mother Lady Ruby, you should watch Ms Moss’ testimony

During the course of the HSCJ6 June 21, 2022 hearing the Committee aired a video segment specifically concerning Trump’s Fake Electors. I would recommend you watch that video, which can be found here. In short that multimedia presentation by the HSCJ6 drilled down on Trump, Eastman, Mitchell and Giuliani’s fake electors. Additionally see previously published articles below:

• See January 18, 2022 -Republican National Committee SOP: when all else fails commit fraud against the USA

• See January 20, 2022 -Why the Fulton County DA’s request for a special grand jury matters (remember that the GA Special Grand Jury does NOT have the power to hand down an indictment)

• See January 26, 2022 - Trump’s OathKeepers Mark Finchem, Phil Waldron, Stop the Steal BIGLY problem

• January 28, 2022 - The House Select Committee on Jan6th issued additional subpoenas re Republican “fake electors

However I will say the January 30, 2022 article: John Eastman & Cleta Mitchell - Meta data doesn’t lie. I have questions. CNN’s Jim Acosta is 100% correct Trump is inciting another riot -might have been one of my finest deep digs as it concerns research of open sourced documents. And yes I’m tooting my own horn because I spent a significant time doing the research and I’m proud of the facts elucidated in that article (yes I know humble bragging is annoying —which is kind of why I rarely do it). Additionally the HSCJ6 hearings have repeatedly referenced the March 2022 ruling by Judge Carter, read more here. That said it’s actually reassuring to know that three months later everything I highlighted and made note of appears to have been pretty accurate.

Trump likely committed multiple felonies in his attempt to overturn the 2020 Election -Judge Carter’s 44 page Order.

The HSCJ6 June 21, 2022 hearing didn’t solely focus on the infamous “find me 11,870 votes” but I am glad the Committee uploaded the full one hour plus telephone call. Below I’ve embedded the direct links to the YouTube video because I’m aware some might not have the stamina to listen to the entire telephone conversation

• Trump lies about (Lady) Ruby Freeman and her daughter, “professional vote scammer” -minute marker 4:08

• Trump lies about death voters and illegal immigrants voted (untrue) minute marker 4:57

• Trump “11 779 margin that they said we lost by” -minute marker 6:45

• Trump arguing about angry activist -minute marker 11:06

The Devil went down to Georgia…

Whom am I calling “the Devil” well that would be Mark “check your signal” Meadows. In December of 2021 I asked a rhetorical question: why had Mark Meadows not been indicted. Last week the HSCJ6 presented evidence that Mark Meadows literally burned records, you can read more here. And this week the HSCJ6, specifically Rep Adam Shiff finally disclosed that Meadow’s wanted to send Georgia Election Investigators:

“a shitload of POTUS stuff” including “coins, actual autographed MAGA hats”

Keep in mind the MAGA-Trump disinformation propaganda machine was all in with accusing Rep Schiff purportedly “doctored” text messages from Jim Jordan and Mark Meadows, read more here, here —that specious allegation (which was like rancid catnip for the MAGA cult members) was roundly debunked, read more here or you can watch that video of today’s hearing here.

The pardon power is NOT absolute…irrespective of Trump’s prognostications…

The only thing absolute about Trump is he’s an absolute clear and present danger to our Democracy and Republic. And Trump should absolutely -never ever hold any public office because his intellectual dishonesty of “Stop the Steal” absolutely disqualifies him for every holding a public office that requires public trust…

At a certain point I’m confident that a public discussion will occur specifically regarding Trump and “pocket pardons” —colloquially known as “secret pardons” and further known as “self pardons” —there are far more intelligent individuals on this matter, than Moi. What I can tell you is when I was on Twitter I published countless threads and drew from primary and/or original sourced documents. The notion that Trump “secretly pardoned his close allies” —it’s possible but I’d like to walk you through a quick tutorial and specifically the DOJ’s many OLC opinions.

I’d like to reiterate I rue the day that President Ford pardoned -disgraced- president Nixon. Had he not pardoned Nixon, I am absolutely confident that not only would there be actual binding precedence but largely the “fear” of Trump’s wrath that has astonishingly crippled most high profile Republicans into silence would not be a factor. Notwithstanding historically and factually speaking in Federalist 10 (see Library of Congress link, found here)

“No man is allowed to be a judge in his own caus…No man is allowed to be a judge in his own cause, because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity.”

And if James Madison’s Federalist 10 isn’t a sufficient factual predicate to curry favor in the column of commonsense “duh a president can’t pardon himself” I assume that you would accept the Department of Justice’s Office of Legal Counsel (OLC) specifically I’m referring to the OLC’s August 5, 1974 legal opinion, PRESIDENTIAL OR LEGISLATIVE PARDON OF THE PRESIDENT -which reads in part:

…Under the fundamental rule that no one may be a judge in his own case, the President cannot pardon himself…

The language here is very nuanced and it articulated a series of “if then this…” types of scenarios -the 1974 OLC Opinion is a straightforward read of the Constitution, affirmation of the Separation of Powers and puts into context the three but coequal branches of our Government. Again the 1974 OLC Opinion is likely one of the most unambiguous legal opinions in our country’s history…

If under the Twenty-Fifth Amendment the President declared that he was temporarily unable to perform the duties of the office, the Vice President would become Acting President and as such could pardon the President. Thereafter the President could either resign or resume the duties of his office.

Although as a general matter Congress cannot enact amnesty or pardoning legislation, because to do so would interfere with the pardoning power vested expressly in the President by the Constitution, it could be argued that a congressional pardon granted to the President would not interfere with the President’s pardoning power because that power does not extend to the President himself.

Has Trump “secretly” Pardon his co-conspirators…

Again the notion that Presidential Pardons are absolute —it just factually not supported in any case law —whether it’s on a district court level or all the way up to the Supreme Court of the United States. On this matter you are under zero obligation to take my word for it. Below I’ve embedded the various SCOTUS cases (all links embedded below are from the Law Library of Congress with the exception of Gamble v USA that link is directly from SCOTUS)

• Ex parte Garland, 71 U.S. 333 (1866) “court recognized that pardoned conduct can be considered in some subsequent proceedings, such as to enhance a defendant’s sentence in a subsequent state-court proceeding”

• Burdick v. United States, 236 U.S. 79 (1915) -Burdick declined to accept the presidential pardon. Thereafter Burdick was held in criminal contempt for, his refusal to testify. The question before the Supreme Court was what effect, if any, the unaccepted pardon had and did not have. SCOTUS held: “…that a pardon becomes effective only if it is accepted. The court also compared immunity, granted by Congress, and a pardon, explaining that the differences are “substantial.” With respect to immunity, SCOTUS explained that a pardon “carries an imputation of guilt; acceptance a confession of it.”

• Ex Parte Grossman, 267 U.S. 87 (1925) -the thing is even most legal scholars overlook this case -which oddly has parallels with Trump’s pardon re Arpaio, however in Grossman the president reduced the defendant’s —The district court denied the president’s power to pardon contempt of court and committed the defendant to imprisonment. Thereafter the attorney general then appointed special counsel to argue to uphold the imprisonment, but argued as amicus that the pardon was valid. SCOTUS held: the pardon power was a check on the judiciary “to ameliorate or avoid particular criminal judgments… It is a power entrusted to the executive for special cases….To exercise [presidential pardon power] to the extent of destroying the deterrent effect of judicial punishment would be to pervert it; but whoever is to make it useful must have full discretion to exercise it.”

• Connecticut Board of Pardons v. Dumschat, 452 U.S. 458 (1981). Here SCOTUS held: “have not traditionally been the business of courts; as such, they are rarely, if ever, appropriate subjects for judicial review.”

• Gamble v. United States, 587 U.S. ___ (2019) -SCOTUS the upheld the “dual-sovereignty” doctrine (see Congress.gov for the 5th Amendment) which allows for a State to “prosecute a defendant under state law after the federal government has prosecuted him for the same conduct under federal law without violating the Constitution’s ban on double jeopardy”

In short the power vested in the president, by our Constitution isn’t as absolute as Trump portended it to be. I think there could be a possibility that Trump might (operative word) granted “secret pardons” but the fact is he can’t pardon for crimes not charged. In short that’s me telling you that should the DOJ finally indict: Giuliani, Eastman and Trump —we should expect these unpatriotic POS to pull a “Trump card” —Again there’s an scholarly debate that can a president use the pardon power to “obstruct justice” but the reality is, SCOTUS has yet to actually answer that question but I would recommend you read & watch the 2018 Brookings Institution multimedia presentation, found here. Again academically speaking the “jury” is still out on “can a presidential pardon be valid if it’s intent is to obstruct Justice”…

Summary:

At this point I genuinely believe that the HSCJ6 has not only provided factual evidence that Donald J Trump, John Eastman, Rudy Giuliani, et al engaged in criminal behavior and attempted to defraud the United States of America. Inarguably the HSCJ6 Committee, also provided Americans will indisputable facts that Trump knew his lies were lies, but more importantly he engaged in a months long seditious conspiracy. At the bottom of this is Trump knowingly and willingly engaged in criminal behavior and now the Department of Justice must hold Trump and his enablers accountable. Nothing less than that is acceptable. The rest of the noise is in fact subterfuge. The HSCJ6 committee has chiefly relied upon sworn testimony of Trump’s Campaign, his family, both White House staffers and campaign attorneys. Not the least of which former Attorney General Barr’s testimony concerning the whacky conspiracy theories of the 2020 Election, Stop the Steal.

“We think the American people deserve to hear from Mr. Cipollone”

At the very end of the HSCJ6 June 21, 2022 hearing Vice Chair Liz Cheney made a very important statement. It was as if she was looking directly into the camera with a message for Pat Cipollone (you can read the half a dozen articles previous published here) and I have to say that Cipollone’s pernicious refusal to appear during the HSCJ6 Public Hearings is absolutely unacceptable. His silence and refusal to testify betrays his oath as an officer of the Court.

CSPAN @cspan

.@January6thCmte Vice Chair @RepLizCheney (R-WY): "We think the American people deserve to hear from [former White House counsel Pat Cipollone] personally. He should appear before this committee and we are working to secure his testimony."

The only steal that occurred was Trump’s protracted attempt to steal the 2020 election…

Also here’s your daily saltwater therapy— it’s a sunrise and full moon set. In our decade plus at the beach I’ve only been able to film this twice. Additionally to be clear tomorrow is absolutely insane for me and it’s unlikely I’ll publicly an article tomorrow. Notwithstanding if I do it will likely be published after COB.

Be Well xo Filey

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