The FBI: Disturbing the Peace and Creating Inter-Party War

Many old-timers like me doubtless remember the old-time radio show “The FBI in Peace and War,” which touted the magnificent operations of the Bureau. These days they operate as an arm of the Democrat party, grossly exaggerating the size and operations of white supremacists to suggest they, not the Antifa and BLM thugs, are the real threat to the nation. In the process they have beset many innocent people and aided Biden in besmirching millions of Trump supporters. (In fact, there are so few anti-Black threats that almost all of the anti-Black incidents have been proven to be Jussie Smollett hoaxes -- loser wannabes seeking attention by painting themselves as victims. Often,  on campuses  not coincidentally around exam time.)

Of course, this unwarranted emphasis is done to demonize political opposition and drive Black voters to the polls under the mistaken belief that there are armies of white Republicans out to harm them. Because history education is so corrupted, among other facts. Many Black voters do not know these facts:

1.The Civil Rights Act could not have passed without the strong support it received from Republicans;

2. The nation's public schools were desegregated by Republican President Dwight D. Eisenhower; 

3. Republican President Abraham Lincoln freed the slaves;

4.  Democrat president Woodrow Wilson resegregated the federal work force.

Nor, I think, do many Jewish and Japanese Americans know that Democrat Franklin D. Roosevelt interned Japanese Americans and appointed and approved the actions of the State Department officials who deliberately limited those Jewish legal visa holders who were trying to escape the Holocaust by fleeing here.

The FBI’s focusing attention on the almost nonexistent white nationalists deflects from the real history of the two parties just as it hopes to draw attention drawn away from an open border, rising inflation, food and gas shortages, and skyrocketing crime -- the real landmarks of this administration.

Having sent a pack of marauders to Mar-a-Lago to grab everything in sight, including some clothing, medical records, tax records, over a thousand news clippings and privileged attorney-client correspondence, the agency was taken aback when Judge Aileen Cannon in Florida threw a wrench into the agency’s very obvious plan to affect the midterms with lies -- as it did the 2020 election with the phony baloney Russian Collusion fairytale.

Desperately seeking a stay of the judge’s order to halt reviewing and using the materials seized until an outside observer could weigh the merit of its claim that 100 of the 11,000 seized documents were classified, they sought this week a stay of that portion of the order and lost again as Judge Cannon made clear that the Court granted the Bureau no special credibility. Without this ruling, it would have seemed near impossible for Trump to defend himself on the grounds of executive and lawyer-client  privilege, in part because he has never been allowed to see a list of the documents seized, let alone those 100 the Bureau claims are classified. Moreover, the persistent leaks to the press from the Bureau and sensationalistic staged photographs of the raid clearly marked an intent to smear him in the eyes of the voters and the jury. Judge Cannon  “does not find it appropriate to accept the government’s conclusions on these important and disputed issues.”

In the Federalist, Margot Cleveland details the latest ruling. Here are some key points about the survey to be undertaken by the Special Master Judge Raymond J.  Dearie, whom she appointed after both the Bureau and President Trump had named him as a possible candidate for the position:

First, Cannon directed Dearie to “review all of the materials” seized during the Mar-a-Lago raid, something the DOJ desperately wanted to avoid, especially for the documents it segregated as marked classified.

Second, Dearie must verify that the property listed in the “Detailed Property Inventory” “represents the full and accurate extent of the property seized.” Here Cannon suggests that Dearie may consider obtaining sworn affidavits from individuals involved in the raid. While not a failsafe, the sworn affidavits will lessen the chance that agents omitted (or added) items from the property inventory list.

Judge Cannon also directed the special master to review the documents for privilege, including for formal assertions of “executive privilege.” This represents another victory for Trump because the DOJ has been adamant that Trump has no right to assert “executive privilege.” But without knowing what documents the DOJ has, Trump lacks the ability to develop an argument that he retains some vestiges of executive privilege.

Knowing what documents the DOJ has, in fact, proves the biggest victory for Trump from yesterday’s order. Cannon ensured that Trump’s legal team can learn the specifics of what was seized, with, most significantly, the court ordering the DOJ to make any documents with classification markings to be made available “for inspection by Plaintiff’s counsel, with controlled access conditions (including necessary clearance requirements) and under the supervision of the Special Master.” The government must also provide copies of all other documents to Trump’s lawyers and for nondocumentary items, the DOJ must make them available to Trump’s attorneys for inspection.

Not only will Trump’s attorneys be entitled to review the totality of the material, then, but Judge Cannon’s order also directs the lawyers to provide their position on which of four categories each item seized falls into: 1) personal items and documents not claimed to be privileged; 2) personal documents claimed to be privileged; 3) presidential records claimed to be privileged; and 4) presidential records not claimed to be privileged. Then the special master will make recommendations on areas of disagreement for Judge Cannon to decide.

The review is ordered to be completed by November 30. November 30, of course is after the midterm election, so if, as I suspect, this was all done to help the flailing Democrats retain a congressional majority, the Bureau will have to concoct some other caper.

Judge Dearie has already scheduled a meeting with the parties to set the agenda for the Cannon-ordered review. The Department of Justice’s usual stall tactics should be of no value to them in this. In any event, Judge Cannon still must review Judge Dearie’s work and can accept or reject it.

The central point is that at last a federal judge has taken a straightforward look at the FBI’s actions and will no longer grant its word any special credence. This is a huge loss for the FBI. I doubt Judge Dearie will either; as a member of the Foreign Intelligence Security Court he signed the warrant against Carter Page, not knowing until later that it was granted on the basis of criminally false representations by the FBI’s lawyer Kevin Clinesmith. 

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