Showing posts with label Mathew Schneider. Show all posts
Showing posts with label Mathew Schneider. Show all posts

Monday, August 10, 2020

Michigan Court Of Appeals Hearing On Michigan Governor Gretchen Whitmer & Her Magical Emergency Manager Powers Argument Simplified By Me

But, wait!

There is a fourth source of power a governor has to effectuate such sweeping powers of an Emergency Manager.

It is called being duly elected.

See, if you claim to be elected, in an election that was so jacked up, that it is still not certified because no one certified the 2018 Special Election.

That would make Gretchen Whitmer illegitimate, which means she does not possess any duly elected powers of goverening, in any shape or form, which means every single little thing she has ever done is retroactively nullified.

And, because everything I just said has been public information in the form of a play by play, real time narrative, Gretch, and her rogue ass crew cannot claim ignorance because I got the data of reading it all.

And, if they do play that, "Duh, I had no idea," crap, you know they are lying because they were stealin' the children, land & vote, where these "Legal Geniuses" (trademark pending) arguing on behalf of both parties, being the State House of Representatives and the Office of the Governor, should all be defrocked.

The last time I checked, you are supposed to present your instruments of authority to demonstrate your capacity to bring forth a cause of action, in the form of corporate parental rights, in the form of a certified, sealed, oath of office, filed in the Great Repository of the Great Seal of Michigan.

This is called a quo warranto because she has no duly granted authority to be the armiger of the state.

She has no right to keep and bear the arms of the State of Michigan.

Tah dah!

My legal arguments are way more funner than these "Legal Geniuses" (trademark pending).

Hey Boo Boo & Matt,

You may thank me in that constitutional executive orders thing you contemporaneously got going on.

#sealsmatter


#maytheheavensfall 



JonesDay needs to come out and play.....

Where is Don McGahn & Kevyn Orr?

Appeals court rules against Trump, says House can sue to enforce McGahn subpoena

A federal appeals court on Friday upheld the House's subpoena of former White House counsel Don McGahn, ruling that Congress has the right to enforce its subpoenas in court.

The 7-2 decision from the full D.C. Circuit Court of Appeals reverses an earlier ruling from a divided three-judge panel that declared that congressional subpoenas were essentially unenforceable.

"The Constitution charges Congress with certain responsibilities, including to legislate, to conduct oversight of the federal government, and, when necessary, to impeach and remove a President or other Executive Branch official from office," Judge Judith Rogers wrote in the majority opinion. "Possession of relevant information is an essential precondition to the effective discharge of all of those duties."


Although the ruling is a clear victory for congressional Democrats, it does not mean that McGahn will be sitting for testimony anytime soon. The majority decision did not address the Trump administration's claim that White House officials are immune to congressional subpoena, so even if McGahn does not appeal the ruling, the two sides will still have more to litigate before the D.C. Circuit.

Kerri Kupec, a spokeswoman for the Department of Justice, didn't say whether the administration would appeal the ruling.

The circuit court on Friday also ruled that the House has standing to sue Trump over his diversion of Pentagon funds to border wall construction.

“While we strongly disagree with the standing ruling in McGahn, the en banc court properly recognized that we have additional threshold grounds for dismissal of both cases, and we intend to vigorously press those arguments before the panels hearing those cases,” Kupec said in a statement.

The House Judiciary Committee subpoenaed McGahn last year as part of an effort to follow up on the former special counsel's investigation into Russian meddling in the 2016 election. That investigation eventually morphed into President Trump's impeachment by the House and acquittal by the Senate.

Trump directed McGahn, his former legal adviser, not to comply with the subpoena, and the Department of Justice's Office of Legal Counsel said the president and his inner circle were immune from congressional subpoenas.

The House sued in federal court to get the subpoena enforced and a district court judge sided against the president in November, ruling that the president and his close advisers have no such immunity from congressional subpoenas.

McGahn, represented by the Department of Justice, appealed the decision and a three-judge D.C. Circuit panel ruled 2-1 that the House had no standing to sue.

The House then asked the full D.C. Circuit to rehear the case, arguing that the panel's decision would seriously damage Congress's ability to conduct oversight of the executive branch.

House Judiciary Committee Chairman Jerrold Nadler (D-N.Y.) applauded the ruling, saying that it "strikes a blow against the wall of impunity that President Trump has tried to build for himself."

“Today’s decision is a profound victory for the rule of law and our constitutional system of government," Nadler said in a statement. "The court rejected President Trump’s sweeping claim that Committees of the House have no standing before the courts to seek redress of the institutional injury caused when lawfully issued subpoenas are ignored. Today’s decision confirms the Judiciary’s ability to resolve these disputes."

Speaker Nancy Pelosi (D-Calif.) also praised the ruling, calling it "a victory for the rule of law and Congressional oversight."

"The Court reaffirmed our Constitution’s system of checks and balances and rejected the President’s outrageous claim that Congress cannot enforce its subpoenas," she said. "The House will continue to pursue justice until Don McGahn and all Administration officials comply with our rightfully-issued subpoenas. We remain committed to our oversight responsibilities and to our nation’s fundamental principle that no one is above the law – not even the President.”

The ruling, which can be appealed to the Supreme Court, affirms that Congress has the power to investigate the president and his branch of government and holds that the authority is especially important during impeachment proceedings.

"To level the grave accusation that a President may have committed 'Treason, Bribery, or other high Crimes and Misdemeanors,' the House must be appropriately informed," Rogers, who was appointed to the appeals court by former President Clinton, wrote in the opinion. "And it cannot fully inform itself without the power to compel the testimony of those who possess relevant or necessary information."

All seven of the judges in the majority were appointed by Democratic presidents, and both dissenters were appointed by Republicans. Two judges, Gregory Katsas and Neomi Rao, both of whom were appointed by Trump and worked in his White House, recused themselves from the case.

The two judges who dissented — Thomas Griffith and Karen Henderson, both appointed by former President George H.W. Bush — argued in separate opinions that the courts should not be mediating disputes between Congress and the president.

"The majority’s decision will compel us to referee an interminable series of interbranch disputes, politicizing the Judiciary by repeatedly forcing us to take sides between the branches," Griffith wrote. "I cannot join the court’s expedition into an area where we do not belong and can do no good."

While Friday's ruling comes months after the conclusion of the impeachment process, it's a blow to the Trump administration, which has repeatedly argued in an unprecedented number of court battles between the two branches that Congress is limited in the ways it can fight back against the president.

The administration has had a mixed record in its legal battles against efforts to investigate the president. In a 7-2 ruling last month, the Supreme Court rejected Trump's argument that he has absolute immunity concerning a grand jury subpoena for his tax returns issued by the district attorney in Manhattan.

But the same 7-2 majority also dealt a setback to congressional subpoenas for Trump's financial records, ruling that the courts must carefully balance the interests of the two branches when faced with such disputes.

Though the high court ruled on the legal merits of those congressional subpoenas, it has yet to consider whether Congress actually has standing to enforce its investigative demands in the courts.

Voting is beautiful, be beautiful ~ vote.©

Sunday, July 19, 2020

Tales Of The New Crown: Michigan State Contractor Charged in $2 million Unemployment Fraud Scheme

Just in the nick of time!

People were in panic from fear of eviction for failure to pay rent, but, now, everything will be wonderful, just as soon as everyone understands that it will probably be another 19 weeks before any of the unemployment funds are released.

I hope it is soon because it just rained again, meaning, Detroit residents are looking at a $200 and up sewage bill this month.

I did not mention the rain from last month, but I will considering that I received a $600 sewage bill.

Just think, all that unemployment money will be going to the next round of Wayne County fake ass property tax foreclosures.

If you find the theft of $2 million during a pandemic to be a bold and egregious move against humanity, just wait until you find out about the other State of Michigan Public Private Partnerships in Medicaid fraud schemes in child welfare.

$2 million t'is but a drop in the bucket, and I do not mean rainwater.


#maytheheavensfall



A Detroit woman was charged in a criminal complaint for her alleged role in a multi-million dollar unemployment insurance fraud scheme aimed at defrauding the State of Michigan and the U.S. Government of funds earmarked for unemployment assistance during the COVID19 pandemic, announced United States Attorney Matthew Schneider.
Joining in the announcement were Irene Lindow, Special Agent-in-Charge, Chicago Region, U.S. Department of Labor Office of Inspector General, Special Agent in Charge Douglas J. Zloto, US Secret Service, Richard Sheehan, Acting Postal Inspector in Charge of the Detroit Division, Special Agent in Charge Steven M. D’Antuono, Federal Bureau of Investigation, Special Agent in Charge Sarah Kull, Internal Revenue Service-Criminal Investigation and Jeffrey Frost, Special Fraud Advisor, Michigan Dept. of Labor and Economic Opportunity, Unemployment Insurance Agency.
Charged is Brandi Hawkins, 39.
According to the complaint, Brandi Hawkins was a contract employee for the State of Michigan Unemployment Insurance Agency.  Her duties included reviewing, processing and verifying the legitimacy of unemployment insurance claims.
Beginning in April, 2020, it is alleged that Hawkins used her insider access to fraudulently release payment on hundreds of fraudulent claims.  Hawkins actions resulted in the fraudulent disbursement of over $2,000,000 of federal and state funds intended for unemployment assistance during the pandemic.  Over $200,000 in cash was seized from her residence during a search warrant.  Hawkins is alleged to have used proceeds from her crimes to purchase high-end handbags and other luxury goods.
”Brandi Hawkins is charged with exploiting the current pandemic to defraud the State of Michigan and United States for her own personal gain.  These are serious allegations, and my office is committed to prosecuting any person who attempts to use the Covid-19 crisis to defraud the people of Michigan,” stated US Attorney Matthew Schneider.
“The U.S. Secret Service is currently focused on criminals attempting to exploit the American people during these unprecedented times of record unemployment due to the pandemic. It is especially egregious when someone in a position of trust, working for an agency created to assist the residents of the State of Michigan, takes advantage of those during their time of need. We will continue to work with our federal and state partners to bring these perpetrators to justice”, said Douglas Zloto, Special Agent in Charge, U.S. Secret Service - Detroit Field Office.
“An important mission of the Office of Inspector General is to investigate allegations of fraud related to unemployment insurance benefit programs.  We will continue to work with our law enforcement partners to protect the integrity of unemployment insurance benefit programs,” stated Irene Lindow, Special Agent-in-Charge, Chicago Region, U.S. Department of Labor Office of Inspector General.
“Brandi Hawkins’ alleged actions are incredibly selfish and without regard for her fellow Michiganders in dire need of financial assistance,” said Sarah Kull, IRS Criminal Investigation Special Agent in Charge, Detroit Field Office.  “IRS-CI will not hesitate to thoroughly investigate any COVID19 related fraud and bring those offenders to justice.”
Richard Sheehan, Acting Postal Inspector in Charge of the Detroit Division said, “This investigation was an excellent example of a partnership between federal law enforcement agencies, working together to bring down this fraud conspiracy. I fully commend the hard work and countless hours put forth by all of the agencies involved, which resulted in bringing Brandi Hawkins to justice.”
“We appreciate U.S. Attorney Schneider‘s quick action to bring this case to justice. The Unemployment Insurance Agency will continue to work closely with state and federal partners to identify unemployment fraud that can be quickly turned over to law enforcement for prosecution,” stated Jeffrey Frost, Special Fraud Advisor, Michigan Dept. of Labor and Economic Opportunity, Unemployment Insurance Agency.
A complaint is only a charge and is not evidence of guilt.  Trial cannot be held on felony charges in a complaint.  When the investigation is completed a determination will be made whether to seek a felony indictment.
The case is being prosecuted by Assistant United States Attorney Timothy Wyse. The investigation is being conducted jointly by the Department of Labor, Office of Inspector General, United States Secret Service, Internal Revenue Service - Criminal Investigation, Federal Bureau of Investigation, the U.S. Postal Inspection Service and the Unemployment Insurance Agency, Michigan Department of Labor and Economic Opportunity

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Saturday, June 20, 2020

Prelude To Detorit: Michigan Western Michigan Judge Paul Maloney Kicks Gretchen Whitmer To Supreme Court While Barr Kicks Her To MIED On Constitutionality Of Executive Orders

Hmmmmmm......

Can you smell it?

I can.

Messy.

So, I guess Paul Maloney, the Michigan Western District judge presiding over the civil lawsuit of .....

MIDWEST INSTITUTE OF HEALTH, PLLC, 
d/b/a GRAND HEALTH PARTNERS, et al., 
Plaintiffs,

v. 

Gretchen Whitmer......

....has decided to volley this over the jurisdictional net, into the Michigan Supreme Court, to determine if Gretch the Gov can continue to extend the executive orders under the Emergency Powers of Government Act.

Well, if you do not remember, the U.S. Attorney General, Boo Boo Barr, told MIED Matt Schneider to look into Gretch the Gov to find out is her executive orders were constitutional.

So, now, you have, not just the U.S. Attorney General looking into the constitutional violations of Gretch the Gov, but you also have the issue of the seals.

See, it goes like this...

U.S. AG instructs MIED District Attorney to check out the legitimacy of Michigan Governor; where, Schiender is going to find out that the Michigan Governor is not duly elected, because he already knows, which automatically makes her executive orders unconstitutional, in many instances, where one may start with a quick review of the fake ass seal of certification to her oath of office, which means the U.S. AG will find out that the same will be found in Trump's fake ass seal of certification of his oath of office, which makes The U.S. AG illegitimate, being unduly appointed, which means the MIED District Attorney is left open to take other actions, like referring the matter to sealed grand juries in Detroit, which means we will be experiencing another layer of messies.

I bet that will suck, but, hey, what do I know?

I know Gretch the Gov is not duly elected, hence, illegitimate.

I did not even get into the Emergency Powers in Government Act being a residual of the peculiar institution of gerrymandering.

Stay tuned, because Paul Maloney may actually know what I know about JonesDay.

Federal judge asks Michigan Supreme Court to clarify Whitmer's emergency powers

GRAND RAPIDS, Mich. - 
A federal judge wants the Michigan Supreme Court to clarify some of the authority the governor has under emergency powers she has used during the COVID-19 pandemic.
On Thursday, the same day Gov. Gretchen Whitmer extended Michigan's state of emergency, Judge Paul Maloney out of the Western District asked the state's highest court to answer questions pertaining to if the governor's powers.

The request for clarification is connected to a lawsuit filed by a medical provider out of Grand Rapids after Whitmer banned non-essential procedures. However, the questions that Maloney is asking fall in line with several other lawsuits that citizens from Michigan have filed against Whitmer, including one sent by Senate Majority Leader Mike Shirkey (R-Clarklake).

After a Court of Claims judge ruled in favor of the governor, Shirkey and other parties requested the case go directly to the Michigan Supreme Court, bypassing the Court of Claims. The Supreme Court rejected the request.

The questions at play are:
  • Whether the governor has the authority to continue renewing executive orders under the Emergency Powers of the Governor Act
  • If the Emergency Powers of the Governor Act violates the Separate of Powers as written in the Michigan constitution
Republican leaders in the House and Senate declined to extend Gov. Whitmer's emergency declaration beyond April 30 after she made a request to do so, arguing some of the executive orders she has issued infringed on the liberties of residents. Whitmer decided to issue another extension anyways. GOP lawmakers later sued the governor on May 6.


While oral arguments for the Court of Appeals case are scheduled for August, the Michigan Supreme Court doesn't have to wait that long to answer questions posed by Maloney.

The state's highest court is welcome to respond to the questions but doesn't have to.

While many of the restrictions the governor put in place no longer pertain to the state's efforts to slow COVID-19 in Michigan, there are several rules regarding safety procedures and business operations that are still in place.

The federal judge's order is below:

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