46 Comments
Jul 21, 2021Liked by File411

No questions, just love & appreciate you, Filey 🥰

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Me lurves you - that’s all

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Jul 22, 2021Liked by File411

For roughly 5 years I've been witness to a sustained attack on your country - from those outside, from your elected leaders and, graphically, the morbidly ignorant on 1/6. Still the obstruction and disinformation continues. To Have to accommodate such uncertainty in daily life is debilitating, obviously. So I would like to ask what sense (air) of confidence for future stability you find amongst your colleagues, clients and friends? (I don't question you cos you're an exception.)

Thank goodness you're there. And here!

Happy 1/2 year anniversary to your President.

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It’s been a painful couple of years. In the end I’m firmly in the camp that our Democracy is fragile but robust enough that we can endure …provided we never ever elect someone like Donald J Trump. He nearly destroyed our County. We have a lot of healing and hard work ahead of us but I think we can come together and start working together for the

“More perfect Union” but I have to admit - I don’t blame our allies reluctant tendencies that “America is Back” although I remain confident in President Biden’s abilities—the issue here is the growing domestic terrorism and terrorist. The brutal and sad reality is countless Americans are being radicalized in their own home. I just don’t know how to solve that beyond calling out Domestic Terrorism when I see it.

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First, I cannot put into words my appreciation for all of the work you share with us. I cannot imagine the time (and money) put in to share these findings. I spend hours reading and rereading to understand the information. How do you compartmentalize the ugliness of so much you share? I appreciate you taking a day for self care, I can't think of anyone who deserves it more. How do you turn it off? Your mind remembers and recalls everything, how do you leave it behind?

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I think one of the healthiest things that happened was my last & final suspension from Twitter. The level of toxicity went down by 90%

Compartmentalism is really hard but it helps that I can send evidence to my Attorneys and Law Enforcement because the doxing, and IRL harassment is criminal behavior or so I’ve been told. As for turning off —I actually fail at that. My brain is wired to just keep going. Sometimes I can’t control my emotional response but lately I’ve found that research just keeps me busy

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Love you for many reasons but the fact that you persist is at the top of the list. No questions just appreciation.

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Me lurves you back -thank you for always finding me. I’m not going to return to Twitter. That platform is so toxic and vile. I’m happy here at Substack

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Thank you, Filey. I appreciate your expertise and the way you break things down for people like me. What I'd like to understand is how is it some judges give lenient sentences to insurrectionists when others have thrown the book and max jail time at petty crimes? It really doesn't seem fair to me.

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My pleasure and it’s good to know that sometimes my rambling make sense

On your excellent question about sentencing - in general I do think there’s a misconception that “go too soft” on defendants.

The thing is our laws give Judges an extraordinarily wide berth

Part 1 - judge receive guidance and assistance from Prosectors, PreTrial Services which the judge uses/factors when it’s time to sentence a defendant.

Part 1 - Congress established minimum and maximum punishments for crimes (typically the statute has a “penalty” section that enumerates the maximum sentence, or mandatory sentence

Part 3 United States Sentencing Commissions has a set of sentencing guidelines. Which are recommendations for certain crimes

Part 4 the judge also reviews the presentence report, statements from the victims (impact statements) and lastly any statement from the defendant and his/herlawyers.

Part 4a - you’ve likely seen me say “prior acts yo” <—that’s slang for a judge considering a various aggravating or mitigating factors, such as;

—has the defendant committed the same crime before

—did the defendant has expressed regret/contrition for the crime,

—and lastly the nature of the crime itself.

See USSC manual

https://www.ussc.gov/guidelines/2018-guidelines-manual-annotated

See 2016 sentencing guideline chart (I embedded this is Defendant Hodgkins articles)

https://drive.google.com/file/d/1yMCIw9ZhBRLrjNNTh0-DNcTXVOET4sQ3/view?usp=drivesdk

Found here👇🏻

https://file411.substack.com/p/paul-allard-hodgkins-so-plea-agreement

And most recently here👇🏻

https://file411.substack.com/p/first-sentencing-of-jan-6th-capitol

With respect to Hodgkins yes I personally believe the sentence was too lenient but at the end of the day I respect the Court’s ruling. Hope this answers your questions more fully than you had expected—me likes to be thorough <snort>

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Jul 21, 2021Liked by File411

Thanks so much for the links and for taking the time! You are awesome. 🥰

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Which friend would you not so secretly want to sneak a box of bon bons into the back of the courtroom (or by zoom for the foreseeable future)...and watch them slice and dice imbeciles? https://images.app.goo.gl/sRFGctnWVzKLpnVRA

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You -

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Thank you for the hours of research and receipts you have provided these past few years. What a mess it has been. The courts are crammed with insurrectionists and it looks like the cast of criminals from the Mueller Report have not been forgotten. Any sense of who's up nex?

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Speculatively speaking (so it’s okay to be skeptical because the following is my opinion)

Barrack flipping on Trump <—super bad news

Weisselberg flipping on Trump <—I still don’t see that as a viable outcome

As for Who’s next? Based on the close proximity to Barraxk & Trump

Roy Bailey

Brian Ballard

Carl Icahn

Elliot Broidy (redux)

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Thank you for sharing FijiBlue. New music to me and me likely.

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It’s awesome - and I downloaded a bunch of their albums. Glad you like them too

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So I feel really sorry for the judge in the Sovereign Citizen Pauline "Crazy Lady" insurrectionist. Is he or she allowed to seek advice on how to handle a recalcitrant and obnoxious pro se idiot? (Is there a manual somewhere!?)

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LOLs you had me at “pro se” but good LORD what an idiot —in fact anyone who goes Pro Se is an idiot

Whispers here’s a tiny gift for you -it’s the July 16th Joint Status Report

https://www.scribd.com/document/516788886/Pauline-Bauer-Jsr-July-16th

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I am late to this party but happy to hear that you are practicing self care. My respect and admiration for you is immeasurable. I am completely in awe of your ability to retain all of this information. I’ve followed you from the earlier days and saw each iteration of your account. It was always so shocking to see you removed from Twitter because of the harassment of a handful of people. I truly hope justice is served to anyone and everyone who stalked, bullied, swatted, plagiarized or was a downright evil bully. You are a phenomenon like no other!

My questions are too many and i would love to but the coffee and hear your brilliant take one day!

For tonight however, was thinking about Michael Cohen’s statements regarding Kushner. I have deep disdain for Cohen & I resent any whitewashing of his loathsome character right now. Nonetheless, he is saying that Kushner might have flipped on Barrack because he’s a weasel. The federal charges came out of EDNY for Barrack…My hope is Barrack flips on Kushner but Barrack was arrested w/o a clue it was happening as he had made plans for public appearances.

More than anyone, I want to see Kushner he’d accountable for a multitude of crimes, too many to enumerate. So my question is regarding the possibility of Kushner having cooperated & therefore skates by. I also acknowledge in so many past indictments, we can always expect a superseding one to come along.

Thank you for everything Filey!!!

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I kind of agree with you on Cohen. Too many were willing to overlook his long history of behavior because he became the Blue-QAnon “white knight” <—I’ve never understood this narrative or mentality. Because the notion “[insert name] is coming to save us” is likely one of the emotional terrorist bullshit that infected Twitter writ large. I took a lot of shit for saying “pull your heads out, no one is coming to save us, we have to save ourselves by voting” <—I know I can be brutal but I think you understand the subtext of this phrase I used from 2018-2021.

As for Kushner flipping on Barrack - respectfully I disagree with Cohen’s prognosticators because SDNY & EDNY filed motions stating how “uncooperative” he was, whereas the SCO kind of acknowledged his “cooperation” also Cohen has a raging bone to pick with Kushner. Cohen had signed a rental agreement to move him & his family to DC- but Jarvanka shanked Cohen. So I always keep that in mind because my source is one of the realtor(s), who was shocked at how wicked Cohen behaved when he had to break the lease. A lease is a contract and threatening to ruin an upscale realtor’s career because you are trying to cancel the >$15K per month lease. Go kick rocks. Cohen would have not survived 30 days in DC.

I actually think (based on reading all the unsealed Court docs 2019 thru 2021) it’s going to be Barrack that will turn on Kushner and possibly Trump. Because again the 666 5th Ave —implications of both Barrack & Kushner. And that would also mean Barrack ties Flynn, Broidy and Cohen <—remember Cohen purportedly was an intermediary of the flawed Marshall Plan. I genuinely mean this trusting Cohen & what he espouses not a smart decision.

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God how I love the ocean and the sound of the waves... We went on the dolphin watch tour in vabeach last year. I was soooo sick afterwards, but I'd do it again just to see them.

Great song, I really believe we could be friends IRL...

Thank you <3

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In your opinion, can Fox be sued under the COVID-19 Consumer Protection Act? Or would a suit be thrown out because of 1st Amendment rights?

COVID-19 Consumer Protection Act of the 2021 Consolidated Appropriations Act

TAGS: Consumer Protection

MISSION: Consumer Protection

LAW: Pub. L. No. 116-260, 134 Stat. 1182, Division FF, Title XIV, § 1401

LINK:

https://www.congress.gov/116/bills/hr133/BILLS-116hr133enr.pdf

For the duration of the COVID-19 public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d), this Act makes it unlawful under Section 5 of the Federal Trade Commission Act for any person, partnership, or corporation to engage in a deceptive act or practice in or affecting commerce associated with the treatment, cure, prevention, mitigation, or diagnosis of COVID–19 or a government benefit related to COVID–19. The Act provides that such a violation shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under Sec. 18(a)(1)(B) of the FTC Act.

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Excellent question…I think your PHSA citation is absolutely interesting. The way I read it, there’s an inextricable link with the FDA. I’m NOT saying I’m right (because it’s possible I’m wrong re PHSA) -I’d like a bit of time to further research

ICYMI last week I walked through the FCC statute and how that could be used as the rationale needed (undergirding review of broadcasting license) but the jury is still out.

https://file411.substack.com/p/congrats-fox-news-the-usao-dc-july

Thanks for the info and questions

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I missed your review of the FCC statute, but will read it now. Thanks for the link and for your time & research. We miss you on Twitter, but it’s toxic at times. This is a freer mode of expression. Just a little harder for my old, tired eyes to read. 😍

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Jul 21, 2021Liked by File411

Thank you so much! Enjoy your day!

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Wire fraud, you say? Inquiring minds want to know!

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THANK YOU - over the weekend someone equated “anonymous Twitter accounts” are engaging in wire fraud - so let’s review the DOJ USAM prerequisite elements required to prove wire fraud - there are 4 all inclusive elements it’s not a “or”

1) that the defendant voluntarily and intentionally devised or participated in a scheme to defraud another out of money;

2) that the defendant did so with the intent to defraud;

3) that it was reasonably foreseeable that interstate wire communications would be used; and

4) that interstate wire communications

See DOJ USAM 941

https://www.justice.gov/archives/jm/criminal-resource-manual-941-18-usc-1343-elements-wire-fraud

By this person’s own flawed and uniformed logic then Publius ( Alexander Hamilton, James Madison, John Jay) Centinel (Samuel Bryan), Americanus (John Stevens, Jr), Agrippa (James Winthrop and countless others who used pseudonyms during the debate and formation of our Constitution would have “committed wire fraud” I mean you do understand who insanely wrong that person is and how they’ve morphed from one conspiracy theory to another and yet this person is consistently wrong

https://www.washingtonpost.com/outlook/2018/09/08/anonymous-criticism-helped-make-america-great/

See Library of Congress links

https://guides.loc.gov/federalist-papers/full-text

and👇🏻

https://www.loc.gov/exhibits/creating-the-united-states/convention-and-ratification.html

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I SAW THAT - Bad Legal Takes mocked him for it!!!!

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Yes, please!

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Two, but one is none of my business, so I'll just say that I hope you're taking care of your health. I worry that you're working too hard for your country, and that you have too many priorities (children, hubby, job, democracy) to stay well...

And: it appears that the fire is getting closer to Kushner... Ya got a timeframe you'd like to speculate upon, Mic?

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I can assure you I am indulging in self care. Hence why I took today off as a mental health day. And you better be taking care of yourself too.

I think Jared Kushner should be really worried that Barrack is in custody (will be until next Monday —his detention hearing was continued until then) that Barrack might consider (seriously) flipping.

Why? 666 fifth avenue -that’s why - read these twining Wash Post articles

https://www.washingtonpost.com/politics/hes-better-than-this-says-thomas-barrack-trumps-loyal-whisperer/2017/10/10/067fc776-a215-11e7-8cfe-d5b912fabc99_story.html?itid=lk_inline_manual_46

https://www.washingtonpost.com/world/national-security/kushners-overseas-contacts-raise-concerns-as-foreign-officials-seek-leverage/2018/02/27/16bbc052-18c3-11e8-942d-16a950029788_story.html

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Jul 21, 2021Liked by File411

A great deal of LOLs to unpack on that first article, Mic! (paywall, so posting):

1. Barrack said he has often thought about how he has remained a close friend for 30 years with a man whose "reputation is selfish and egotistical. Here's what I think the answer is: I've never needed anything from him. . . . I was always subservient to him."

2. Anti-environment Reagan guy Watt who "fired 50 Interior Department attorneys involved in enforcement of environmental standards" (WaPo, June '81), who also was indicted on 18 counts of felony perjury and obstruction of justice" (Wikipedia) is Barrack's buddy

3. Barrack held debts for both Kushner and Manafort, got Manafort onto Trump's team (as we know from Mueller report), and is connected to Gates, too. And...Weinstein, through Miramax purchase...

4. Uh...Barrack says Trump has "passion...compassion and...empathy." Pffffft.

5. Barrack said he sees no conflict raised by his business dealings and his advice to Trump, saying...that he would not risk his reputation by trying to use his ties to Trump for financial gain.

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Hiya - I converted to PDFs

2018 Wash Post “Kushner’s overseas contacts raise concerns as foreign ocials seek leverage”👇🏻

https://drive.google.com/file/d/10MgiOAGbdfTOKziSd1HNDBZ__Hlajbkc/view?usp=drivesdk

2017 Wash Post “He’s better than this,’ says Thomas Barrack, Trump’s loyal whisperer”👇🏻

https://drive.google.com/file/d/1Kcyemk5GhnFYmWAcgD38PV4S84jje-2u/view?usp=drivesdk

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Should we be freaking out (because I’m in higher Ed and I am) about the CRT legislation that’s going through or is this just another bickering like evolution vs creation?

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I personally think that the Trump-Republicans are using this as another cudgel to tear us a part even further. CRT isn’t new nor is the debate and (hopefully) education about it —IMHO makes us a better society. The rabid unhinged pushback coming from predominantly white older men —it’s like the last bastion of their precious supremacy is in danger and they are thrashing around trying to protect their egos. Fact America is great because of immigrants. Fact America’s greatness has always been defined as “all men [and women] are created equal” but the problem is even African Americans were literally “valued” as “Three-fifths”

It is our County’s 2nd Original Sin…and the CRT has been weaponized and it sucks because until we reconcile what we (as a Country) did to African Americans and Native Americans then that sin is still very much alive and painful to many Americans

https://constitution.congress.gov/browse/article-1/section-2/clause-3/

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Jul 21, 2021Liked by File411

My yoga instructor summoned them up to old dinosaurs dying slowly and whipping their tails and body’s around ... 💯

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