Transcript of memo, links to EO & supporting cases
The authority to release the memo
The Framers divided the government into branches to diffuse power and guard against tyranny. The structure of the document confirms this purpose by embedding a notion of checks and balances.
NOT PEACE, BUT A SWORD: NAVY V. EGAN AND THE CASE AGAINST JUDICIAL ABDICATION IN FOREIGN AFFAIRS
The House Permanent Subcommittee On Intelligence first voted on the memo's release ti the House at large. The House then voted to release it to the public pending the President's approval. Checks and balances? Upheld.
Some would have you think that there is some crime in exposing state crime, political corruption, or subversion of our government...
A complicit media enables that attitude by engineering a false narrative the U.S. Justice Department was/is an independent fourth branch of government; unaccountable to congress and entirely separate from the executive branch.
“Tip of The Iceberg” – The Pending Intelligence Memo is The Beginning, Not The End…
Others simply don't have the brains to understand that the DOJ answers to the Executive power...
A 1988 U.S. Supreme Court decision known as Department of the Navy v. Egan has often been interpreted to support broad presidential authority over national security generally and over access to classified information in particular. Along with United States v. Reynolds, Curtiss-Wright, and a few other cases, Egan is regularly cited in support of strong, even unchecked executive authority and judicial deference to executive claims. It has become a cornerstone of national security law as practiced today.
A Critical Look at Navy v. Egan
The memo establishes crimes committed in the course of FISA applications in connection with an "investigation" into the Trump election team...
A declassified FISC Memorandum and Opinion dated April 26, 2017 has provided us with a great deal of background into how the security agencies made a habit of violating FISA law during the Obama administration.
The memo simply specified these crimes in relation to the Russain "collusion" story manufactured by the DNC in conjunction with corrupt members of the DOJ/FBI.
Let's look at the purpose of the FISA laws...
FISA was originally enacted in 1978 to provide the Executive Branch with a court-authorized process for conducting four specific types of electronic surveillance against foreign powers or their agents operating inside the United States
The FISA Amendments Act: Q&A
There are important restrictions on FISA activity
The government may not target someone located outside the United States for the purpose of targeting a particular, known person m this country or any U S person, regardless of location (often called ' 'reverse targeting").
The government may not target for acquisition "'any communication as to which the sender and all intended recipients are known at the time of the acquisition" to be in the United States
The FISA Amendments Act: Q&A
Here is what the memo revealed:
- direct link between DNC and pee dossier
- illegal use of FISA
- bias in DOJ/FBI
- connection of DOJ/FBI to DNC
Here are some of the names:
- Director James Comey (FBI)
- Deputy Director Andrew McCabe (FBI)
- DAG Sally Yates (DOJ)
- Acting DAG Dana Boente (DOJ)
- DAG Rod Rosenstein (DOJ)
- Associate Deputy Attorney General Bruce Ohr (DOJ)
- Assistant Director Bill Priestap (FBI)
- Agent Pete Strzok (FBI)
- FBI Attorney Lisa Page
There are criminal penalties for such crimes
Compare 18 U.S.C. §§ 2516 to 2517 with 50 U.S.C. §§ 1802 to 1805. These procedures include judicial approval of surveillance applications; minimization of interceptions by surveilling officials; and limitations on the use of intercepted information. Moreover, both statutes impose civil and criminal sanctions on unauthorized surveillance activities. Compare 18 U.S.C. §§ 2511 (criminal penalties) and 2520 (civil sanctions) with 50 U.S.C. §§ 1809 (criminal penalties) and 1810 (civil sanctions). On the other hand, one court has distinguished between these regimes, holding that "FISA regulates both aural and visual electronic surveillance conducted for foreign intelligence purposes, and [Title III] regulates aural electronic surveillance conducted for domestic purposes." United States v. Koyomejian, 970 F.2d 536, 540 (9th Cir.) (en banc), cert. denied, 506 U.S. 1005 (1992).
1073. The Foreign Intelligence Surveillance Act (FISA) -- 50 U.S.C. 1809
More simply,
An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both.
50 U.S. Code § 1809 - Criminal sanctions
FISA violations
And the question of conspiracy
If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.
18 U.S. Code § 371 - Conspiracy to commit offense or to defraud United States
...any offense against the United States...
When beginning to draft a conspiracy indictment, the initial decisions a prosecutor must make include:
-Defining the object(s) of the conspiracy
-Determining the duration of the conspiracy
-Deciding which defendants to include in the conspiracy
Jury Instructions in Conspiracy Cases (p.49)
However, participation in a conspiracy, the bulk of the evidence makes the case
In order to establish a conspiracy offense it is not necessary for the Government to prove that all of the people named in the indictment were members of the scheme; or that those who were members had entered into any formal type of agreement; or that the members had planned together all of the details of the scheme or the 'overt acts' that the indictment charges would be carried out in an effort to commit the intended crime.
From the 'Lectric Law Library's Lexicon Conspiracy
I would say that the Stzrok/Page emails develop intent quite clearly, as well as the fact that the other conspirators withheld data from the FISA applications.
Generally, as set forth in United States v. Feola, 420 U.S. 671, 686 (1975), the Government must prove the intent required to commit the underlying offense when charging the first type of conspiracy.
Jury Instructions in Conspiracy Cases (p.49)
But wait there is more...much, much more
today it is worthwhile remembering this is the beginning of exposing the corruption within the DOJ not the end
“Tip of The Iceberg” – The Pending Intelligence Memo is The Beginning, Not The End…
We haven't even had the OIG report issued yet; questions of conflict-of-interest, mishandling the investigation into the Clinton Espionage Act violations; Uranium One; lost and/or destroyed evidence...ad infinitum
References:
The House voted to release the Permanent Select Committee on Intelligence "Memo"
Obama guilty of same Espionage Act violation as Clinton
The memo will be realesed, but how soon? FISA abuse and DOJ collusion
The mechanics of releasing the memo
A legal path to prosecution of the Deep State conspiracy - Military tribunals
My Books
Before I comment on your post, four #deepstate - related links for Memo Day:
"Senior FBI agents knew of new Clinton emails from Anthony Wiener's laptop weeks before Congress was informed: Report"
"Former Judge: Ohr, Comey Could Be Held In Contempt Of Court For Misrepresentations"
One to read closely:
"Inside The HPSCI Memo – A Key Distinction Being Conflated “Title I” -vs- “Title VII”…"
Daniel Greenfield's take:
"THE MEMO REVEALS THE COUP AGAINST AMERICA"
the title I vs Title VII is something I'll take a good look at when I jump back over to me ;>
these all look like good additions to the post!
Please do. I don't have much experience at this, but sundance was pounding the table about it in his own way.
Also, that same post has embedded the House Intel Committee's response to all those charges thrown its way today.
maybe I can dig in and get one more post tonight, but if not, I should have a draft for tomorrow fairly far along; thanks for links!
Glad to help. :)
What a great post! I don't think anyone could have spelled this out any clearer. We need to wake up and deal with facts not feelings. I am resteeming!!!!
A complicit media enables that attitude by engineering a false narrative the U.S. Justice Department was/is an independent fourth branch of government; unaccountable to congress and entirely separate from the executive branch.
“Tip of The Iceberg” – The Pending Intelligence Memo is The Beginning, Not The End…
thank you!
Conservative Tree House/The Last Refuge has done a great job covering this story; they've always been good at digging into the nitty gritty details
First of all I'm not a Trump supporter and I never gonna be.But this memo justifies him 100% He's been saying all along he was spied on by Obama,he was right.He said the Russia investigation is a witch hunt,he was right (we knew that anyway). Obviously the lying media (liberal) try to discredit the memo and quickly pointing out the last paragraph where it says the basis of the Fisa warrant was Papadostopulos (did I spell correctly?). They just forget to mention,that Andy McCabe himself said under oath,they needed the unverified Steeler-dossie (paid by Clinton) to get the warrant.My prediction: heads will roll,the Clintons and their minions will be indicted,Mueller will be fired.The Democratic Party will be absolutely demolished in the midterm elections and 2020 into oblivion. (which is a great chance to build something new on its ruins)
I'm surprised that arrests haven't been made yet
I've predicted that things start moving by the end of March; I think Obama and Clinton will walk, and the rest of thes folks are punished.
We shall see.
I think you're right about the Democrat electoral collapse; maybe in that fallout we can clean up the Republicans as well
Actual crimes were comitted,and now we have proof.Trump won't take the risk not to indict Clinton.He knows the outrage would sweep him off of office.And actually he already said that Clinton committed crimes,so there is a clear sign of his intentions.What do you think why he approved the release of the memo?Because he wants to justify his later actions with it,when he fires Mueller and Rosenstein and indicts the Clintons.
If he takes Clinton, he'll have to take Obama. I think there are enough delunsional folks that would take to the streets in that case.
I am beginning to understand the long games Trump plays (having been a fanatic screamer of lock her up! since 2015); I do think Trump wants to avoid a civil war which I think is inevitable .
Even if Clinton avoids the noose, this will remove a good chunk of the Deep State. What's more it's the Praetorian Guard of the Deep State across the government as a whole.
He won't take Obama,because when the Deep State realize they lost and there is no other way to protect whatever left,they will throw Clinton under the bus and blame everything on her.I think the only way the left can win in 2020 if their nominee was an anti-war politician,but there isn't any,or even if there is (Nina Turner,Tulsi Gabbard) the DNC will cheat again and favor an establishment candidate.
I don't Clinton is going under that bus w/o dragging everybody she can with her...she's got Obama on an Espionage Act violation with her (he was sending emails to her off-accountability server)
The Deep State (and I'll tell the truth here, I'm not sure exactly hoe it is composed...I know there is a Leftist component, a globalist component, a neocon (maybe the same as globalist?) component, and probably a lot of just plain ol corruptocrats) will probably try to make peace by offering up all the 2nd-tier and down guys...keeping Clinton's head off the chopping block, and thus Obama's. In exchange, no civil war (or maybe not, I wouldn't be surprised if various III% groups might take independent action of their own in that scenario).
Hell, The Deep State will still control the media, the judiciary, the educational system, much of the non-security burrocracy, and their Narrative is still followed by the bulk of upper middle class folk (the Political Class)
IMO, it would be better to just start locking everybody up and deal with whatever violence that engenders. I don't want that, and it has serious downsides, but otherwise, we're just still kicking cans down the road
Trump knows he has to indict Clinton,otherwise his own base will turn against him.
Your sure did some digging there. Most probably, all involved will skate like a hockey team.
that would be be a mistake on Trumps' part
we spend a lot of time predicting the reaction of the Left, but I don't think people are considering the end of patience the Right is approaching ...very quickly
I'm not even sure there won't be repercussions if only Clinton walks
We'll see. Myself, I'm too jaded, or worn down, to expect much.
I like that line...we shall see...you know the zen master story, right?
as far as me? I aint running around cities pullin names off a list, but my house is defended...just in case i'm on a list LOL
Curated for #informationwar by @stevescoins
Relevance: deep state exposure/ the memo
Our Purpose
Released?
finally :>
https://steemit.com/informationwar/@stevescoins/transcript-of-memo-links-to-eo-and-supporting-cases
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This is serious,but thanks for the update
This is serious .but thank for the update;