Showing posts with label Barbara McQuade. Show all posts
Showing posts with label Barbara McQuade. Show all posts

Wednesday, September 16, 2020

Prelude To Detroit: Why No One Will File ABA Grievance On Bill "Boo Boo" Barr - Starring Barbara McQuade With Stephen Henderson On WDET

Today, Barbara McQuade was on WDET Stephen Henderson's show speaking upon the U.S. Department of Justice when someone called in, most promptly on cue with the conversation, to to ask, "How come no one has filed a grievance on Bill Barr to the American Bar Association?".

Allow me to respond:

New York City Bar To Bar Bill Barr From The Bar For Promulgating The Trafficking Of Tiny Humans


http://reggieturner.com

Reggie was, and is, uber, super mean to my Sweetie.

#maytheheavensfall

Detroit litigator Reginald Turner named president-elect of American Bar Association

Reginald Turner.
Reggie Turner,
"Legal Genius" (trademark pending)
ABA President
A Detroit litigator has started his term Tuesday as the president-elect of the American Bar Association.

Reginald Turner, a law firm member of Clark Hill PLC, will serve as the president-elect of the ABA for one-year, the ABA said in a news release. He will become president of the association in August 2021.

“Being a lawyer means conducting yourself with professionalism, service and honor,” Turner said in a news release. “As I assume a leadership role in the ABA, I will honor those values and fulfill the obligation to pursue access to justice, which is true justice.”

More news:Michigan August Primary 2020: Polls open on an Election Day unlike any other

Turner has held many roles in the ABA by serving a chair of the ABA House of Delegates Rules & Calendar Committee, the Committee on Issues of Concern to the Profession and the Committee on Credentials and Admissions. He has also served as a Michigan delegate in the ABA House of Delegates.

Voting is beautiful, be beautiful ~ vote.©

Thursday, September 10, 2020

Prelude To Detroit: Who Is This Masked Man Who Was Orchestrating Angry Bob With His Ham Sandwiches?

Who was this masked man who was orchestrating Angry Bob with his Ham Sandwiches?


#maytheheavensfall

It’s clear Robert Mueller was in no condition to run his investigation — so who did?

To the liberal media, special counsel Robert Mueller was the sharp, seasoned, no-nonsense prosecutor who would get to the bottom of “collusion.” But when Mueller testified before Congress on July 24, 2019, many were stunned to see a man struggling to answer basic questions.

Had his cognitive abilities declined during the probe?

The 76-year-old Mueller, members of President Trump’s defense team recalled, appeared to be a figurehead investigator, a man who seldom spoke or was even seen. On those rare occasions Trump’s lawyers had a chance to talk to the special counsel, Mueller’s aides appeared to be covering for his lapses in memory. So who was really in charge of the Mueller probe?

There were questions about Mueller’s mental condition even before he was appointed special counsel in May 2017. Chris Swecker spent 24 years in the FBI. He left the agency in 2006 with the highest respect for his old boss, with whom he had extensive daily contact for more than two years. “Mueller was super sharp,” Swecker remembered.

In fall 2016, working in North Carolina, Swecker invited Mueller to speak at a conference. Mueller flew from Washington, and Swecker met him for breakfast to brief him on the event. He noticed something he had never seen in his old boss. “I remember telling my wife after the breakfast that he’s slipping,” Swecker recalled. “You could tell the acuity was not there. . . . He was a little confused about what to do after he got off.” When Mueller was made special counsel the next year, Swecker wondered whether he was up to it.

Communications aide Mark Corallo was a Mueller fan even as he worked for the Trump defense team. After his departure in July 2017, Corallo awaited a call — not from his old colleagues, but from Mueller. Prosecutors wanted to question him about Trump’s role in drafting a statement in response to New York Times reporting on the now-infamous Trump Tower meeting.

The session with Mueller’s lawyers took place on Feb. 15, 2018. “At the end of the interview, Mueller came in and shook my hand and put his hand around my shoulder and said, ‘It’s good to see you,’ ” Corallo recalled. “He said, ‘I’m sorry you got dragged into this.’ When he left the room, I said to Andrew Goldstein, ‘Hey, how’s he doing?’ They said great. I said, ‘Well, he looks a little gaunt. Is he eating? Is he tired?’ They said, ‘No, he’s running circles around us.’ This was the first time I noticed that he was not physically robust.”

Nearly a year and a half later, watching Mueller testify on television, Corallo was taken aback. “When I saw him testifying, it was significantly more apparent,” he recalled. “And trust me, I was not the only one. Those of us who worked with Bob at the Justice Department after 9/11 and watched his testimony — the phone calls were flying. ‘Holy crap, what’s wrong with Bob? Is he sick?’ ”

In another key meeting, according to members of the Trump defense team, the special counsel seemed unfamiliar with a key Justice Department policy having to do with indicting a sitting president. “After that, we never met with Mueller, and we never spoke with him on the phone,” Trump defense lawyer Jane Raskin recalled.

Robert Mueller memo shows why each key figure was targeted in probe
“What’s galling to me in hindsight, knowing what we know, is that they dragged it out as long as they did,” said Corallo, the Trump comms man. “Which says to me that people other than Bob Mueller were running that investigation.”

But who? Speculation focused on Andrew Weissmann, the aggressive prosecutor sometimes known as Mueller’s “pit bull.” But the inner workings of the Mueller investigation were never fully clear to those outside. All the president’s lawyers could see was that Mueller didn’t seem to be in control.

“Bob at the end was AWOL,” Trump lawyer Jay Sekulow recalled. “That was the great con. He showed up for cameo appearances. He was the Wizard of Oz. He was back behind the big curtain, pulling some strings here and there, but when you pulled the curtain away, he wasn’t even really the one pulling the strings.”

When Mueller testified, everyone could see what Team Trump had seen. It wasn’t pretty. And it ended Democratic hopes of turning the Russia probe into a glorious victory.

Voting is beautiful, be beautiful ~ vote.©

Saturday, August 15, 2020

Why Is Lindsey Graham So Giddy With The Guilty Plea Of Kevin Clinesmith?

Why are you so giddy, Lindsey? 

You know I know you know there are two other Horowitz IG Reports that have yet to see the light of day.

Actually, there is an entire slew of Horowitz IG Reports that have yet to see the light of day, being referred to DOJ, who then, deferred to the Districts, where, some of them have Grand Juries, but, hey, what do I know?

What about Michael Flynn?

He plead guilty, twice.

You do know Boo Boo Barr knows more than he is doing, right?



Hey, Lindesy,

How come Barb knows more about the Mueller investigation than you?

Hey, Lindsey,

How come Trey Gowdy is taking over for  Hannity?

Stinky Touch?

#maytheheavensfall

Mueller deputy Weissmann criticizes DOJ for bringing case against ex-FBI lawyer

Weissmann weighed in following reports Friday that Clinesmith intends to plead guilty to falsifying a document that was part of the FBI's justification for wiretapping former Trump campaign adviser Carter Page as part of the 2016 investigation into Russian election interference.

"Question for [U.S. Attorney General William Barr]: how are [former national security adviser Michael Flynn's] confessed lies to the FBI (repeated to the VP) not a crime, but Clinesmith changing an email (the full version of which he also sent to DOJ) is?" Weissmann tweeted, referencing the Justice Department's controversial move to withdraw its case against Flynn, who had already pleaded guilty to lying to the FBI.

Weissmann later asserted that there were "two systems of justice at play."

"Questions judge should ask before accepting Clinesmith guilty plea: What precisely is the falsity of the statement that Clinesmith made? What investigation was it material to?" he tweeted.

Questions judge should ask before accepting Clinesmith guilty plea:
What precisely is the falsity of the statement that Clinesmith made?
What investigation was it material to?
He gave DOJ accurate information for the Page FISA?
How does the Barr materiality std for Flynn apply?

— Andrew Weissmann (@AWeissmann_) August 14, 2020
The charge against Clinesmith marks the first criminal case arising from the probe led by U.S. Attorney John Durham. The Justice Department alleges that the former FBI attorney altered an email to say that Page was not a source for the CIA, even though Page had had a relationship with the agency.

Georgia state trooper charged with murder after fatally shooting man...
Clinesmith’s lawyers on Friday said this was unintentional.

“Kevin deeply regrets having altered the email. It was never his intent to mislead the court or his colleagues as he believed the information he relayed was accurate. But Kevin understands what he did was wrong and accepts responsibility,” his lawyers told The Washington Post.

The DOJ's probe into Clinesmith came at Barr's behest after a report from Justice Department Inspector General Michael Horowitz found “significant inaccuracies and omissions” in the FBI’s application to a court to obtain permission to monitor Page.

Voting is beautiful, be beautiful ~ vote.©

Saturday, February 22, 2020

The DNI Saga Introduces Susan Rice


First, this happened....

The U.S. Has No Intelligence Director - Sue Gordon Resigns - Who's Next?

Then, this happened...
Richard Grenell official photo.jpg
Richard Grenell

Trump Names Richard Grenell as Acting Head of Intelligence


Then, this happened....

NSC staffer and FISA abuse report author becomes top aide to acting spy chief Richard Grenell

Then, this happened...

Trump says he's considering Doug Collins for DNI post; GOP rep says not interested

Then, this happened...

Susan Rice: Grenell is a ‘hack,’ who turned intel community into Trump re-election tool

Then, this happened...

'Good men and women don't last long': Former top Navy SEAL who oversaw the Osama bin Laden raid criticizes Trump, defends ousted intelligence chief's service

But is seems this is still happening as of the time of this post.

ODNI must be really busy, busy, busy.


Joseph Maguire

Joseph Maguire
Joe McGuire
The Honorable Joseph Maguire assumed the role of Acting Director of National Intelligence (DNI) on Aug. 16, 2019.

Prior to serving as Acting DNI, Maguire served as the sixth director of the National Counterterrorism Center (NCTC). In this role, Maguire bolstered NCTC’s relationship with the White House and Congress. He also spearheaded a reorganization to merge three main areas of focus for the CT mission to better align the end-to-end management of CT operations against the most pressing threat of terrorists gaining and using WMD. As NCTC Director, he also served as the National Intelligence Manager for Counterterrorism, responsible for integrating and coordinating all intelligence collection and analysis on CT targets.

Prior to his confirmation as NCTC Director, Maguire served as president and CEO of the Special Operations Warrior Foundation, a non-profit organization whose philanthropic mission is to support combat-wounded and hospitalized special operations personnel, as well as the families and dependents of fallen special operators.

He took this position after leaving his role as Vice President at Booz Allen Hamilton, which was his first job upon retirement from active duty in 2010, after a 36-year career as a Naval Special Warfare Officer (SEAL). He commanded at every level, including the Naval Special Warfare Command.

While on active duty, Vice Admiral Maguire served as NCTC’s Deputy Director for Strategic Operational Planning from 2007 to 2010 and represented the Center as a part of the National Security Council’s Counterterrorism Security Group. In this role, he led the development of the government’s most senior-level strategies and operational plans for CT, as well as the unbiased, objective evaluation of the progress in achieving the goals and objectives of those strategies.

He earned his bachelor’s degree from Manhattan College and a master’s degree in National Security Affairs with a major in Scientific and Technical Intelligence from the Naval Postgraduate School in Monterey, CA. While in the Navy, Maguire was a national security fellow at the John F. Kennedy School at Harvard University in Cambridge, MA. He was born in Brooklyn, NY, and remains an avid fan of the New York Yankees.

Voting is beautiful, be beautiful ~ vote.©

Monday, February 17, 2020

The Standing Armies Of General Attorneys Herald A Proclamation

Image result for heralding army
There are many methods to herald when you
invoke the original purpose of the Second Amendment.
This is so powerful.

McQuade Announces The League Of Old School Civil Rights Legal Dogs

They all took oaths.

DOJ Alumni Statement on the Events Surrounding the Sentencing of Roger Stone

We, the undersigned, are alumni of the United States Department of Justice (DOJ) who have collectively served both Republican and Democratic administrations. Each of us strongly condemns President Trump’s and Attorney General Barr’s interference in the fair administration of justice.
As former DOJ officials, we each proudly took an oath to support and defend our Constitution and faithfully execute the duties of our offices. The very first of these duties is to apply the law equally to all Americans. This obligation flows directly from the Constitution, and it is embedded in countless rules and laws governing the conduct of DOJ lawyers. The Justice Manual — the DOJ’s rulebook for its lawyers — states that “the rule of law depends on the evenhanded administration of justice”; that the Department’s legal decisions “must be impartial and insulated from political influence”; and that the Department’s prosecutorial powers, in particular, must be “exercised free from partisan consideration.”

All DOJ lawyers are well-versed in these rules, regulations, and constitutional commands. They stand for the proposition that political interference in the conduct of a criminal prosecution is anathema to the Department’s core mission and to its sacred obligation to ensure equal justice under the law.
And yet, President Trump and Attorney General Barr have openly and repeatedly flouted this fundamental principle, most recently in connection with the sentencing of President Trump’s close associate, Roger Stone, who was convicted of serious crimes. The Department has a long-standing practice in which political appointees set broad policies that line prosecutors apply to individual cases. That practice exists to animate the constitutional principles regarding the even-handed application of the law. Although there are times when political leadership appropriately weighs in on individual prosecutions, it is unheard of for the Department’s top leaders to overrule line prosecutors, who are following established policies, in order to give preferential treatment to a close associate of the President, as Attorney General Barr did in the Stone case. It is even more outrageous for the Attorney General to intervene as he did here — after the President publicly condemned the sentencing recommendation that line prosecutors had already filed in court.

Such behavior is a grave threat to the fair administration of justice. In this nation, we are all equal before the law. A person should not be given special treatment in a criminal prosecution because they are a close political ally of the President. Governments that use the enormous power of law enforcement to punish their enemies and reward their allies are not constitutional republics; they are autocracies.

We welcome Attorney General Barr’s belated acknowledgment that the DOJ’s law enforcement decisions must be independent of politics; that it is wrong for the President to interfere in specific enforcement matters, either to punish his opponents or to help his friends; and that the President’s public comments on DOJ matters have gravely damaged the Department’s credibility. But Mr. Barr’s actions in doing the President’s personal bidding unfortunately speak louder than his words. Those actions, and the damage they have done to the Department of Justice’s reputation for integrity and the rule of law, require Mr. Barr to resign. But because we have little expectation he will do so, it falls to the Department’s career officials to take appropriate action to uphold their oaths of office and defend nonpartisan, apolitical justice.

For these reasons, we support and commend the four career prosecutors who upheld their oaths and stood up for the Department’s independence by withdrawing from the Stone case and/or resigning from the Department. Our simple message to them is that we — and millions of other Americans — stand with them. And we call on every DOJ employee to follow their heroic example and be prepared to report future abuses to the Inspector General, the Office of Professional Responsibility, and Congress; to refuse to carry out directives that are inconsistent with their oaths of office; to withdraw from cases that involve such directives or other misconduct; and, if necessary, to resign and report publicly — in a manner consistent with professional ethics — to the American people the reasons for their resignation. We likewise call on the other branches of government to protect from retaliation those employees who uphold their oaths in the face of unlawful directives. The rule of law and the survival of our Republic demand nothing less.

If you are a former DOJ employee and would like to add your name below, click here. Protect Democracy will update this list daily with new signatories.

Signatories have been vetted to the best of our ability.



Voting is beautiful, be beautiful ~ vote.©

Wednesday, December 25, 2019

Avern Cohn Retires From MIED - Will He Bear Witness, Next?

Avi bearing arms on the MIED bench (center)
Oh, Avi has lots of tales to tell.

I mean, he has so many tales to tell, he, too, could be summoned to bear witness when the heavens fall, but, hey, what do I know?

I know I like this picture of him, better, because I drew it.

I witnessed him do the "Old School Civil Rights Legal Dog" pimp walk.

It was awesome.

#maytheheavensfall

Judge Avern Cohn leaving federal bench at age 95

Detroit — After four decades behind the bench and at age 95, U.S. District Judge Avern Cohn is calling it a career.

"It is time to pass on my responsibilities to others," Cohn said in a statement released by the court Friday. "Most judicial systems have a mandatory retirement age. While I don't believe in mandatory retirement, there comes a time in the course of one's work that they retire and let their work be borne by younger persons."

U.S. District Judge Avern Cohn
Avern Cohn,
Old School Civil Rights Legal Dog
According to the federal court, nearly two dozen of his criminal cases were reassigned on a blind draw to other judges last week. The remainder of his criminal and civil dockets will be reassigned the same way in coming days.

"Judge Cohn is a valued, valuable and beloved member of our bench, a mentor and friend to me and others," U.S. District Chief Judge Denise Page Hood said in a statement. "I hold him in the highest regard."

Cohn was born in Detroit. His mother, Sadie, was a homemaker, and his dad, Irwin, eventually became the fourth name on the door at Honigman, Miller, Schwartz and Cohn.

Cohn enrolled at the University of Michigan in 1942, just in time to have his academic career waylaid by World War II. The Army sent him to engineering school, abandoned the program and redirected him to pre-med classes.

Discharged in 1946, he gave medicine six more weeks, then enrolled in law school.

Earlier in his career practicing law, Cohn represented looters for free after the 1967 uprising in Detroit. He also served as a Detroit police commissioner when that meant working to integrate the force and had his name taken in vain in an Elmore Leonard novel.

Appointed in 1979 by President Jimmy Carter, Cohn assumed senior status in October 1999. While that typically means part-time duty, nothing changed for Cohn except his title.

 As a judge, he struck down the University of Michigan's anti-hate-speech code as overbroad and presided over the case of former Detroit City Council President Monica Conyers, who drew 37 months for taking bribes.

At a courthouse celebration of his 95th birthday in July, colleagues noted his relentless curiosity and rabid reading habit, which includes six newspapers a day.

Known both for his intellect and his temper, Cohn could still be withering with attorneys earlier this year. He told The Detroit News in July, "I've cooled down. Age. But every so often, I get impatient."

Voting is beautiful, be beautiful ~ vote.©

Tuesday, December 17, 2019

Trump Letter to Pelosi Objecting To Impeachment Procedure


I prefer to just call them "Legal Geniuses" (trademark pending).
Voting is beautiful, be beautiful ~ vote.©

Monday, September 16, 2019

MCQUADE: Democrats should think like criminal prosecutors as they investigate Trump impeachment

Will impeaching Donald Trump protect the public, deter criminal behavior and promote respect for the rule of law? If so, Democrats have a duty to act.
Image may contain: one or more people, people standing and suit
Barbara McQuade

The House Judiciary Committee has adopted procedures for impeachment proceedings and, according to Chairman Jerrold Nadler, the vote signals the start of “an aggressive series of hearings” starting Tuesday. Others, like House Majority Leader Nancy Pelosi, seem concerned that an impeachment that results in an acquittal in the Senate would create a backlash that will boost President Donald Trump’s reelection effort in 2020. But perhaps political victory should not be the sole motivation for impeachment.

Congress can find some lessons about impeachment from the way prosecutors make investigative and charging decisions.

In a criminal case, an investigation begins when there is a serious allegation of criminal conduct. Investigators must decide whether the allegations are seriousness enough to expend investigative resources. At that stage, the investigators do not know what the outcome of their work will be. Investigators take the evidence where it leads, seeking an indictment from a grand jury only if the evidence merits charges.

Are allegations against Trump serious enough?

Similarly, in the case of impeachment, an investigation should begin only if serious allegations merit the distraction from other business that it will require. Here, Nadler has said that he plans to focus on obstruction, corruption and abuse of power. The House is reviewing obstructive acts described in the Mueller report, payments of hush money to silence adult film actor Stormy Daniels about alleged marital infidelity on the eve of the election, Trump’s alleged use of the presidency to enrich himself, and his administration’s refusal to comply with congressional subpoenas. These are serious allegations that merit further inquiry, even if the outcome of an investigation is unknown.

Once prosecutors have learned the relevant facts, they consider two questions. First, they decide whether a crime has been committed. In the case of impeachment, the question would be whether Trump has committed a high crime or misdemeanor. But prosecutors do not automatically file charges just because a crime has been committed, and neither should the House vote to impeach without further consideration. The second part of the equation is whether a substantial interest requires filing charges. That is, not only do prosecutors decide whether they can file charges, they also decide whether they should file charges. In the case of Trump, members of Congress must consider the seriousness of any wrongdoing they find.

Once prosecutors decide that a crime has been committed, and that a crime should be charged, they must decide what charges to file. Although investigations often get broader before they get narrower, filing every charge possible is rarely the best way to proceed because weak charges can dilute stronger ones. The House would be wise to pare down potential charges from its list to those that are the most egregious and are based on the strongest evidence. The investigation will inform its decision as to whether to file charges, and if so, which charges to file.

Extraordinary step could end presidency
In making charging decisions, prosecutors must also consider why charges are appropriate. They must be able to articulate why an offender should be punished for a particular offense. The criminal justice system exists to punish offenders in hopes of protecting the public, deterring criminal behavior and promoting respect for the rule of law, among other reasons.

In the realm of impeachment, House members should think of these interests as well as they decide whether to take the extraordinary step that could end a presidency. If we simply shrug and allow Trump’s behavior to go unaddressed, is the public harmed? If we tolerate Trump’s behavior now, does that give license to future presidents to abuse the power of their office? If we give Trump a pass, do other citizens tend to believe that the duty to comply with law is not to be taken seriously?

Nadler has stated his reason for the impeachment investigation: “The conduct under investigation poses a threat to our democracy. We have an obligation to respond to this threat.”

Even if an acquittal of Trump in the Republican-controlled Senate seems likely, maybe impeachment is still important to the long-term health of our republic. Members of the House should ask themselves whether they want to be able to say that at this moment in history, they cared more about protecting the public, deterring criminal behavior and promoting respect for the rule of law than about winning the next election. At some point, we must put country before party, and duty before politics.

Barbara McQuade, a former U.S. attorney for the Eastern District of Michigan, is a professor at the University of Michigan Law School and a member of USA TODAY's Board of Contributors. Follow her on Twitter: @barbmcquade

Voting is beautiful, be beautiful ~ vote.©

Sunday, September 8, 2019

Cocktails & Popcorn: A Secret Detroit Love Memo To Comey - Jeanine Pirro Sucks

Image result for evening gown drinking champagne 1920s
"She bears false witness. Deliver her chattels unto me."
Dearest Jimmy,

As you embark upon this reproachable journey with me, watching this woman excrete a cacophony of an insurrectionist diatribe, stoking the passions of the desperate, I shall hold your hand and the hands of multiple law enforcement agencies, so as not to pistol whip this skank.

She falsely advises Trump.

She bears false witness in the public record,

She promulgates hate.

She is a liar and a thief, of the most vile kind.

Deliver her and her chattels onto me.

Much love,

The Celestial Goddess of the Woodshed.

Sssshhhhh....whatever you do, do not tell anyone I just published this secret memo I wrote to you. I may be accused of stuff by the "Legal Geniuses" (trademark pending).


#sayhisname


Voting is beautiful, be beautiful ~ vote.©

Tuesday, September 3, 2019

GO BLUE: Hillary Clinton Is Launching Her Campaign In Michigan - But Will Barb McQuade Get A Selfie With Her?

Sheeeeee's here......

I would truly hope Barb McQuade takes a selfie with Hilllay.

That would be gloriously epic!

Hillary Clinton and Condoleezza Rice scheduled to speak at University of Michigan

ANN ARBOR, Mich. (AP) — Former U.S. secretaries of state Hillary Clinton and Condoleezza Rice are set to visit the Ann Arbor school in October.

The two are among those scheduled to participate in a lecture series presented by University of Michigan’s Weiser Diplomacy Center.

The series launches Friday with Stephen Biegun, U.S. special representative for North Korea and a Michigan alumnus.

The series, which runs into November, also includes former U.N. Ambassador Samantha Power and former national security adviser Stephen Hadley.

Organizers say the center aims to boost the university’s role as a center for discussion on world affairs.

The center was founded last year with a $10 million gift from university alumni Ron and Eileen Weiser. Ron Weiser is the former U.S. Ambassador to Slovakia and chairs the university’s Board of Regents.

Voting is beautiful, be beautiful ~ vote.©

Saturday, August 31, 2019

Cocktails & Popcorn: Don McGahn Was Mean To Trump, Again, But Barb McQuade Remedied With Citation

Well, now.

It seems Don McGahn is back to his old tricks again, but Barb McQuade was swift to correct, with supportive citation, mind you.

I think it is time to help Jolly Judiciary Jerry Nadler with his quest for impeachment hearings so we can find out why Donnie likes to lie to Trump all the time.

It is not nice to falsely advise a sitting POTUS.

In fact, it is treasonous, because he did it to cover up stealin' the children, the land and the votes.

All Hail The FBI Whistleblowers!!!!


1664. PROTECTION OF GOVERNMENT PROPERTY -- THEFT OF GOVERNMENT INFORMATION

Section 641 of Title 18 prohibits theft or receipt of stolen government information as well as theft of the documents, computer discs, etc., that contain the information. United States v. Fowler, 932 F.2d 306, 309-10 (4th Cir. 1991); United States v. Girard, 601 F.2d 69, 70-71 (2d Cir.), cert. denied, 444 U.S. 871 (1979); United States v. DiGilio 538 F.2d 972, 977-78 (3rd Cir. 1976), cert. denied sub nom. Lupo v. United States, 429 U.S. 1038 (1977). But see United States v. Tobias, 836 F.2d 449, 451 (9th Cir.), cert. denied, 485 U.S. 991 (1988). Nevertheless, for the reasons set forth below, the Criminal Division believes that it is inappropriate to bring a prosecution under 18 U.S.C. § 641 when: (1) the subject of the theft is intangible property, i.e., government information owned by, or under the care, custody, or control of the United States; (2) the defendant obtained or used the property primarily for the purpose of disseminating it to the public; and (3) the property was not obtained as a result of wiretapping, (18 U.S.C. § 2511) interception of correspondence (18 U.S.C. §§ 1702, 1708), criminal entry, or criminal or civil trespass.
There are two reasons for the policy. First, it protects "whistle-blowers." Thus, under this policy, a government employee who, for the primary purpose of public exposure of the material, reveals a government document to which he or she gained access lawfully or by non-trespassory means would not be subject to criminal prosecution for the theft. Second, the policy is designed to protect members of the press from the threat of being prosecuted for theft or receipt of stolen property when, motivated primarily by the interest in public dissemination thereof, they publish information owned by or under the custody of the government after they obtained such information by other than trespassory means.
The Criminal Division does not intend, in promulgating this policy, to prevent or discourage prosecutions under any other applicable statutes, such as those prohibiting the unauthorized dissemination or possession of government information, e.g., 18 U.S.C. §§ 793, 794, 1905, or 50 U.S.C. §  783. Instead, the Division's purpose is to require that, in the circumstances enumerated above, such cases are prosecuted under these other applicable statutes rather than under 18 U.S.C. § 641.
The adoption of this policy does not alter the responsibility of government employees to maintain the confidentiality of sensitive government information disclosed to them in the course of their employment.


Voting is beautiful, be beautiful ~ vote.©

Friday, August 30, 2019

Cocktails & Popcorn: Will Trump #sayhisname First Or Will GM? - Happy Labor Day In Detroit

Image result for woman eating watching
"Trump is going to #sayhisname first, I just know it."
Ssssshhhhh......

This is the part where the "Elected Ones" start running into the streets, eating each other alive.

Happy Labor Day!

Trump slams GM as 'one of smallest auto manufacturers' in Detroit

Washington — President Donald Trump slammed General Motors Co. on Friday for allegedly shrinking its workforce in the U.S. and investing heavily in China amid a burgeoning trade war between the nations that has promoted Trump to "hereby order" U.S. companies to look for alternatives to China.

“General Motors, which was once the Giant of Detroit, is now one of the smallest auto manufacturers there,” Trump tweeted Friday.
"Would you like to #sayhisname or shall I?"
"General Motors, which was once the Giant of Detroit, is now one of the smallest auto manufacturers there," Trump tweeted Friday morning. "They moved major plants to China, BEFORE I CAME INTO OFFICE. This was done despite the saving help given them by the USA. Now they should start moving back to America again?"

“General Motors, which was once the Giant of Detroit, is now one of the smallest auto manufacturers there,” Trump tweeted Friday.
“General Motors, which was once the Giant of Detroit, is now one of the smallest auto manufacturers there,” Trump tweeted Friday. (Photo: .)

Trump has feuded with automakers in recent weeks over gas mileage rules and now trade. GM declined to comment on Trump's tweet. The Detroit automaker pointed out it employs nearly 100,000 people in the U.S., including 46,000 workers who are members of the United Auto Workers union. GM had 45,000 active UAW employees in 2011, when it was coming out of bankruptcy.

China is General Motors Co.’s largest market, but mostly all of the GM product sold in China is built there.

GM has 11 joint ventures and two wholly owned foreign enterprises and more than 58,000 employees in China. GM China products have the Buick, Cadillac, Chevrolet, Baojun and Wuling nameplates. In 2018, GM and its joint ventures sold more than 3.64 million vehicles in China and in North America, GM sold about 3.5 million.

Trump has recently directly most of his ire at Ford Motor Co. He is upset the Dearborn automaker agreed with California to voluntarily meet higher gas mileage rules than the Trump administration has proposed.

Trump's tweets were seen by auto industry observers as a bid to prevent GM and other automakers from joining the California mileage agreement, which negotiated directly between the California Air Resources Board and Ford, Volkswagen AG, Honda Motor Co. and BMW AG. Under the terms of the deal, the carmakers agreed to voluntarily increase the average fuel economy of their fleets to about 50 miles per gallon by the end of the 2026 model year.

Trump has sent confusing and contradictory signals in his escalating trade war with China: Last Friday, he said he would reinstate tariffs on cars from China; by Sunday he admitted to second thoughts, after which an aide said he meant he should have raised them higher.

Also on last Friday, the president ordered U.S. companies to leave China before an adviser said that order would not "be exercised presently."

Then on Monday, Trump said he was not "at this moment" considering fresh tariffs on Japanese cars but hastened to say he could "at a later date if I wanted to."

Michelle Krebs, senior analyst for Autotrader, said Trump mischaracterized GM's position in the auto industry in his tweet.

"GM remains one of the largest automakers in the world," she said. "Like other automakers, GM builds vehicles where they sell them. GM builds vehicles in China for the Chinese market. Only one model sold in the U.S., the Buick Envision, comes from China."

Then, this happened...

Trump falsely slams GM on Twitter

But who is the largest owner of GM?

Voting is beautiful, be beautiful ~ vote.©

Wednesday, August 28, 2019

Cocktails & Popcorn: FBI & IRS Raid UAW President Gary Jones' Residence & Domicile

Image result for construction beer
"Ready for another round?" said FBI
to IRS and vested interested friends.
On this exciting episode of Cocktails & Popcorn, UAW President Gary Jones got his domicile raided by the FBI & IRS.

Domicile, a selected legal term I have been doing a comparative legal analysis with residence, for the purposes of breaking it down, for everyone to understand how these people have perfected the art of stealin' through privatization, more intuitively known as ecclesiastic law.

Whenever I see a Conjugal Collaboration of this boldness, it just reinforces my faith in the protectors of the best interests of children's trust for the perpetuity of the public good, not some fake ass foreign child welfare NGO money laundering operation to do nasty stuff to children.

Much love, my Dearies, for the annals of history are being written before our very eyes.

How about some livestreaming?

FBI raids UAW president's home in ongoing investigation

FBI and IRS agents raided the home of UAW President Gary Jones in Canton at 7:30 a.m. Wednesday. Agents also raided the union’s northern Michigan conference center and other UAW locations across the country.

Gary Jones, president of the United Automobile Workers labor union, during the UAW's 37th constitutional convention at Cobo Center in Detroit, on Thursday, June 14, 2018.
Gary Jones, UAW President
The raids were a major step as federal officials ramped up their corruption investigation of the autoworkers union, which is in the midst of contract negotiations with Detroit automakers.

As many as a dozen agents collected evidence from Jones' home on Wildrose Drive in Canton, and they'll remain there "as long as it takes," Special Agent Mara Schneider said from the site at midday.

She declined to confirm whether Jones was home when agents arrived or during the raid. The agents conducted what is called a "knock and announce" protocol.

The raids are linked to an ongoing scandal that's been centered on misspent money intended for use by the union's joint training center with Fiat Chrysler Automobiles, but has expanded in recent weeks to include vendor contracts and to touch officials tied to the union's General Motors training center.

Multiple vehicles are seen parked near UAW president Gary Jones' house in Canton on Wednesday, August 28, 2019. FBI and IRS agents raided the home beginning around 7:30 a.m.
Multiple vehicles are seen parked near UAW president Gary Jones'
house in Canton on Wednesday, August 28, 2019. FBI and IRS agents
raided the home beginning around 7:30 a.m.
The scheme redirected millions of dollars meant for worker training to goodies for former union and company officials. Nine people have been charged in the scandal so far.

Besides Jones' home, agents were at the union's Black Lake Conference Center, a 1,000-acre resort in northern Lower Michigan that includes a golf course, where the UAW is building an opulent cottage for Dennis Williams, its most recent former president.

The center near Onaway, subsidized by interest from the union's strike fund, has bled tens of millions of dollars over the years.

UAW statement
Detroit automakers, whose contract with the UAW expires Sept. 14, declined to comment on the raids. On the broader corruption investigation, GM has said it is cooperating with the investigation. FCA has said it is "a victim of illegal conduct by certain rogue individuals."

The UAW issued a statement Wednesday saying that the union and Jones "have always fully cooperated with the government investigators in this matter. As the leader of the UAW, President Jones is determined to uncover and address any and all wrongdoing, wherever it might lead. There was absolutely no need for search warrants to be used by the government today — the UAW has voluntarily responded to every request the government has made throughout the course of its investigation, produced literally hundreds of thousands of documents and other materials to the government, and most importantly, when wrongdoing has been discovered, we have taken strong action to address it. The UAW will continue to cooperate with the government in its investigation, as we have been doing throughout.

"Trust in UAW leadership is never more important than during the bargaining process, when profit-laden auto companies stand to benefit from media leaks, false assumptions, and political grandstanding," the statement continued. "The sole focus of President Jones and his team will be winning at the bargaining table for our members."

A UAW national leader who asked to not be identified because he was not authorized to speak publicly said the raid on Jones’ house could have a negative impact on talks. Some rank-and-file members already have expressed a lack of trust in union leadership in light of the scandal, he said.

This is likely to create more distrust among those members, the person said.

But, he added that an expected strike authorization vote will indicate that the membership trusts negotiators to green-light a strike if necessary. The results of that vote are expected Thursday or Friday, but it is usually procedural in nature and typically members authorize it.

Plant workers were surprised and dismayed by the news.

UAW member Sean Crawford, who works at GM’s Flint Assembly plant, said the news will have a “really negative impact” on bargaining.

“Call me cynical but I feel the Trump administration willfully timed this to coincide with our negotiations so that the union would lose faith in the leadership,” said Crawford. “We’re getting ready to go into one of the biggest negotiations of our lifetime and we’re possibly going to lose faith in our union.”

Crawford said the union leadership is to blame and should take responsibility for its actions in the corruption scandal.

“All these people should step down and allow a democratic electoral process to take place, an election of leadership that is run by the members,” said Crawford. “The union has to be blamed for this too and it’s disgusting. It makes us all look bad.”

Crawford said the corruption happened because there is no accountability to the membership. The way the international executive board that runs the UAW is elected now is by delegates who represent locals at the UAW convention.

Said a longtime Ford factory worker: “I believe in the UAW. I also believe if there was any corruption, whoever was involved, belongs in jail. If Gary Jones was involved with it, he belongs behind bars. I’m really torn with this. I’m a strong union member. The whole corruption thing, it’s dirty man. How do you preach to new members the UAW cares about you? It doesn’t help the cause.”

Obtaining a search warrant
Using a search warrant rather than getting a subpoena required prosecutors to go to a judge to show probable cause that a crime has taken place and that there is evidence of the crime at the location to be searched, explained Peter Henning, a former federal prosecutor who teaches law at Wayne State University.

"Those UAW bags surely do
come in handy when standing
in the line for rotten food
from Forgotten Harvest."
“It’s a way for prosecutors to ensure they get the materials they want. A search warrant is an escalation of the investigation. It indicates prosecutors are concerned there is evidence out there that they want to get,” he said.

“I would expect they may be looking at electronic documents," Henning added. "You have to have a warrant to search a phone or a computer. If the warrant authorizes electronics, they can seize a computer and create a mirror image of the computer hard drive. They can seize phones. And people put things in text messages that maybe they shouldn’t. They’ll get emails … They are doing a pretty broad sweep.”

The raids Wednesday came on the same day as an arraignment in federal court for Michael Grimes, a former UAW administrative assistant who retired last year from the UAW-GM Center for Human Resources. Grimes was charged earlier this month a federal criminal information alleging he conspired with unnamed union officials to accept hundreds of thousands of dollars in bribes and kickbacks. The schemes were connected to contracts for watches, backpacks and jackets worth millions of dollars.

The filing against Grimes cited unnamed union officials as being linked to the corruption. The Detroit News has reported that those officials are Joe Ashton, a former UAW vice president who resigned from the GM board in 2017 as questions swirled about the federal investigation into training center corruption, and his former aide Jeff Pietrzyk.

Grimes was charged just over a week after former UAW Vice President Norwood Jewell was sentenced to 15 months for his role in the scheme.

Jewell's plea agreement noted that a "culture of corruption" predated his start in the UAW FCA department in June 2014, led by former FCA Vice President Alphons Iacobelli and Jewell's predecessor, the late General Holiefield.

Among others who have pleaded guilty in the case are Monica Morgan, who is Hollifield's widow; Jerome Durden, a financial analyst at FCA who allegedly helped conceal the fraud by cooking the books; Nancy Johnson, the one-time senior official in the UAW Chrysler Department, who spent thousands of dollars meant for autoworker training on personal items; and Virdell King, 65, of Detroit, who was accused of — among other things — buying designer shoes, clothing, jewelry and luggage using credit cards that were issued through the UAW-Chrysler National Training Center.

Voting is beautiful, be beautiful ~ vote.©

Monday, August 26, 2019

Cocktails & Popcorn: Elisa Grubbs Wants To Be Served A Slice Of #MeToo Due Process

Image result for key lime pie
"Do you know anyone who would love a slice
of #MeToo due process?"
Once again, Elisa Grubbs has changed the course of history, but this time it because, I guess, she decided to "Fight da' Man", so she needs time to get an attorney.

This should be fun for #MeToo.

#sayhisname

Leland corruption trial delayed until January

A federal judge Monday delayed the October corruption trial of Detroit City Councilman Gabe Leland until January.

The delay by U.S. District Judge Judith Levy came two weeks after Leland's campaign staffer Elisa Grubbs was indicted in the case; the extension gives her new lawyer time to prepare for trial.

Leland was indicted by a federal grand jury in October on bribery charges and accused of agreeing to accept $15,000 and free car repairs from a businessman. It was the latest corruption scandal to hit the top levels of Detroit government since former Mayor Kwame Kilpatrick's downfall.

Leland is the highest-ranking Detroit politician charged with a federal crime since Kilpatrick was indicted nine years ago and sentenced to 28 years in federal prison.

The three-count indictment capped a tumultuous year for Leland, 36, who had lived under a cloud of suspicion since The Detroit News obtained sealed FBI wiretap affidavits that revealed he was the target of a federal bribery probe.

Recorded conversations played a prominent role in the indictment, which portrayed the Detroit Democrat as a greedy, expletive-spewing schemer who used his political power to stall votes on a businessman's real estate matter last year while demanding bribes.

“I held it up again,” Leland told the businessman, who The News has identified as Detroit auto shop owner Robert Carmack. “It stayed … right in committee brother.”

On May 16, 2017, Leland offered to help the businessman in exchange for $15,000 and free car repairs, the government claims.

“I should ask for thirty,” Leland said, according to the indictment, “but I’m nice to you.”

Grubbs is accused of delivering the bribe from Carmack.

If convicted, Leland faces up to 10 years in prison and a $250,000 fine for each bribery count and five years for bribery conspiracy.

Leland, who remains on City Council, has professed his innocence.

"I'm innocent and I'm looking forward to trial," Leland told reporters outside court last year.

Voting is beautiful, be beautiful ~ vote.©