Justice Thomas Questions Legality of Jack Smith’s Appointment as Special Counsel

“Supreme Court Justice Clarence Thomas raised a question Thursday that goes to the heart of Special Counsel Jack Smith’s charges against former President Donald Trump.

The high court was considering Trump’s argument that he is immune from prosecution for actions he took while president, but another issue is whether Smith and the Office of Special Counsel have the authority to bring charges at all.

“Did you, in this litigation, challenge the appointment of special counsel?” Thomas asked Trump attorney John Sauer on Thursday during a nearly three-hour session at the Supreme Court.

Sauer replied that Trump’s attorneys had not raised that concern “directly” in the current Supreme Court case — in which justices are considering Trump’s arguments that presidential immunity precludes the prosecution of charges that the former president illegally sought to overturn the 2020 election.

Sauer told Thomas that, “we totally agree with the analysis provided by Attorney General Meese [III] and Attorney General Mukasey.”

“It points to a very important issue here because one of [the special counsel’s] arguments is, of course, that we should have this presumption of regularity. That runs into the reality that we have here an extraordinary prosecutorial power being exercised by someone who was never nominated by the president or confirmed by the Senate at any time. So we agree with that position. We hadn’t raised it yet in this case when this case went up on appeal,” Sauer said.” (Courtesy FoxNews.com)

The lawyers who wrote the analysis mentioned above are Steven G. Calabresi of the Northwestern University Pritzker School of Law and Gary S. Lawson of the Boston University School of Law.

“The appointments clause makes clear that the “default mode” of appointment for all officers is presidential nomination, Senate confirmation and presidential appointment, the brief says.

There is a proper way to appoint a special counsel like Smith, Calabresi said at the Volokh Conspiracy. Garland should “ask one of the very best Senate-confirmed U.S. attorneys now in office to prosecute the cases arising out of the events of Jan. 6, 2021, or the misuse of classified documents case, to be special counsel” with nationwide authority.

The attorney general could then appoint Smith to be the special counsel’s special assistant, and the Trump cases could then be “restarted from scratch” Calabresi wrote.

“We do not want future U.S. attorney generals, such as the ones Donald Trump might appoint, if he is reelected in 2024, to be able to pick any tough thug lawyer off the street and empower him in the way Attorney General Merrick Garland has empowered private citizen Jack Smith,” Calabresi wrote. “Think of what that would have led to during the McCarthy era.” (Courtesy abajournal.com)

Attorney Calabresi was right.

What Americans are witnessing now is as bad as any totalitarian government who tries to make themselves look like a democracy through rigged elections against political opponents.

By circumventing the Senate’s right to question and vote on Jack Smith as special counsel, the Biden Administration,  especially Attorney General Garland, have circumvented our time honored Constitutional System known as Checks and Balances which ensures that no one of the three branches of government has more power rhan the other two.

Jack Smith has already proven himself to be nothing but a hateful Ideologue.

He was Lois Lerner’s assistant during the IRS Scandal during the Obama Administration in which Conservatives were targeted by the IRS and the Department of Justice unfairly.

Evidently, this weasel enjoys putting the screws to those who stand for traditional American values, including the right to oppose the outcome of an election.

The arrogance of this Administration and Biden’s handlers in the Democrat Elite to believe that they can circumvent and weaponize our legal system to destroy their enemies without repercussion boggles the mind.

Every American deserves a fair and honest trial, including Donald Trump. However, in order to have a trial, first, there must have been a crime committed.

In the case of the trial being held right now in Manhattan, there was no crime committed. Alvin Bragg is wasting everyone’s time in order to keep Trump from campaigning.

The majority of Americans have already figured out that keeping Trump out of the 2024 Presidential Election and to keep him from campaigning is the primary purpose of all this political law fair being used against him.

As you can see by the illegal appointment of Jack Smith as Special Counsel, the Democrats are going to do whatever they have to do to keep Ttump out of the 2024 Presidential Election.

It is time for Justice Clarence Thomas and His fellow justices in the Supreme Court of the United States to put an end to this totalitarian Political Lawfare.

The future of our Constitutional Republic  depends upon it.

Until He Comes,

KJ

Saturday Morning Thoughts: Hunter and Trump…Sweetheart Deals and Legal Warfare

United States Attorney General Merrick Garland, the most incompetent attorney general we have ever had and the most politically biased, has decided to show Americans that he knows what he’s doing by appointing US Attorney David Weiss, who gave Hunter Biden a sweetheart deal that was stopped by a judge, to be the Special Counsel overseeing the remainder of the Federal Investigation of the President’s son and “professional crackhead” HunterBiden.

I’m afraid this won’t be a legitimate investigation.

It will be more like “Nudge nudge. Wink wink. Bob’s your uncle.”

That is, unless the Democrat Elite wants to get rid of Joe Biden and run that Communist idiot who destroyed California, Gavin Newsom, instead.

I don’t even want to think about that.

Meanwhile, the country is waiting to see what sort of indictment is going to come out of Atlanta regarding former President and current leading Republican Presidential Candidate Donald J. Trump.

Can the Democrat Elite get much more blatant about using our Department of Justice to turn our Constitutional Republic into a totalitarian oligarchy reminiscent of the old Soviet Union?

They are even trying to get the Trump Documents trial in Washington to begin on January 2nd, 2024, thereby eliminating Trump’s opportunity to campaign before the Iowa Caucus and all the other early Primary Elections.

The Trump Derangement Syndrome of these Democrats is off the charts.

So is their total lack of morals and ethics which caused them to come up with these Machiavellian mechanations through which they hope to bypass our Constitution and take away Americans’ Constitutional Right to vote for the candidate of their choice.

The Democrat Elite realize that Joe Biden is the worst president in the history of the United States of America.

They also realize that his dementia has reached the point where not even their propaganda can prop him up anymore.

Despite all his attempts to try to convince Americans that our economy is flourishing under him, most Americans still live in Realityville.

Americans are suffering under Bidenomics.

Average Americans realize that things were better under Trump.

This legal warfare against the former president is the Democrat Elite’s last hope to retain their political power.

Trump will not go down without a fight.

Neither should Americans.

Pray for Trump.

Pray for our country.

Until He Comes,

KJ

The Raid on Mar-a-Lago: If You Can’t Beat ‘Em, Raid ‘Em…A KJ Analysis

Mar-a-Logo Raid

This past week, Americans woke up to something which had never before occurred in the history of this Constitutional Republic: The home of a Former President of the United States of America was ransacked by Politically-weaponized FBI Agents for 12 solid hours!

What were they looking for?

Anything that they could find in order for their Democrat Bosses in the DOJ, the rest of the Biden Administration (including The Big Guy), and the Democrat Elites in Congress to a) ensure that Donald J. Trump could not run for President again and b) find some sort of evidence by which to convict unarmed Americans who were let into the Capitol Building on January 6, 2021 by members of the Capitol Police of plotting and attempting to carry out an “insurrection” against the Government of the United States of America.

Everything that I have been writing about during the last 12-plus years has culminated in this blatant attack on the Constitutional Right of American Citizens to choose whom they will elect, not just the President of the United States of America, but also, whom they will vote for in order to take back control of the House and the Senate from those who, if not stopped, will continue to attempt to radically change our Sovereign Nation into something that it was never meant to be.

If you believe what you have heard Attorney General Merrick Garland and the Democrats on Capitol Hill say in their attempt to cover up the truth of the egregious act which happened this week at Mar-a-Lago, then I have 2 bridges over the Mississippi River at Memphis, TN to sell you.

I firmly believe that the raid on Former President Trump’s home was an act of political desperation.

The Biden Presidency has been the worse 18 months in Modern American History as relates to the day-to-day lives of average Americans.

Inflation is out-of-control, gas prices are still unbearably high, and America’s Supply Chain is still not working properly, as grocery store shelves remain sparse and baby formula remains hard to find.

Last Sunday, my wife and I were at the grocery store and the baby formula was in a locked cabinet.

I kid you, not!

And, on top of all this, instead of honestly working on solving these crises, Biden and the Democrats on Capitol Hill have passed an “Inflation Reduction Act” that will actually make inflation higher and fill the pockets of those Democrat Congressmen who have invested in the business side of the fraud known as “Climate Change”.

So, again, the Mar-a-Lago Raid was an act of “Political Desperation”.

However, if the reaction of the majority of average Americans to it remains a good bellwether, it is an act which will backfire on those who authorized it.

BIG TIME.

See you in November, Dems.

Until He Comes,

KJ

More WINNING! President Trump Nominates a Great Heir Apparent to Justice Antonin Scalia

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Supreme Court Justice Antonin Justice, appointed by an AMERICAN PRESIDENT by the name of Ronald Reagan, was a man’s man, a Christian and a Constitutionalist, who believed in American Exceptionalism and Traditional American Values.

His Legal Writings were brilliant in scope and interpretation.

By contrast, Former President Barack Hussein Obama was the first Editor of the Harvard Law Review, who never contributed to that publication.

Obama’s childish snubbing of Justice Scalia’s Funeral tells you everything that you need to know about him.

History will remember Justice Scalia as a Giant Among Men.

Last night, the 45th President of the United States of America, Donald J. Trump, announced his choice to fill the vacancy left by the passing of Justice Scalia.

Before that announcement, as word got out as to the identity of Scalia’s proposed successor, NationalReview.com posted the following article…

President Trump’s nominee to the Supreme Court will be Neil Gorsuch, a well-respected conservative whose legal philosophy is remarkably similar to that of Antonin Scalia, the justice he will replace if the Senate confirms him. He is, like Scalia, a textualist and an originalist: someone who interprets legal provisions as their words were originally understood.

Gorsuch is a Colorado native and the son of a Republican politician, the late Anne Gorsuch Burford, who was a state legislator and then director of the Environmental Protection Agency for President Reagan. He attended Columbia University and Harvard Law School, after which he clerked for D.C. Circuit Court judge David Sentelle. He then clerked for Supreme Court justices Byron White and Anthony Kennedy in 1993–94. The next year he studied for a doctorate of philosophy at Oxford University under the legal philosopher John Finnis.

After spending ten years at a law firm in Washington, D.C., Gorsuch went to work for the Justice Department in 2005–06. President George W. Bush nominated him to the Tenth Circuit Court of Appeals, which covers Colorado, Kansas, Oklahoma, Utah, Wyoming, and New Mexico. His confirmation was quick and uncontroversial.

That Judge Gorsuch’s judicial philosophy is similar to Justice Scalia’s is evident from a tribute the former gave after the latter’s death. In that tribute, Gorsuch summarized and endorsed Scalia’s method of legal interpretation:

“Judges should instead strive (if humanly and so imperfectly) to apply the law as it is, focusing backward, not forward, and looking to text, structure, and history to decide what a reasonable reader at the time of the events in question would have understood the law to be — not to decide cases based on their own moral convictions or the policy consequences they believe might serve society best. As Justice Scalia put it, “if you’re going to be a good and faithful judge, you have to resign yourself to the fact that you’re not always going to like the conclusions you reach. If you like them all the time, you’re probably doing something wrong.””

A lawyer who clerked for both Justice Scalia and Judge Gorsuch sees parallels between the two men. Gorsuch is “a law-has-right-answers kind of guy, an originalist and a textualist,” he says. “He believes that the enterprise of law is real and worth doing and not just politics by other means.”

A low-profile 2012 case, U.S. v. Games-Perez, illustrates how Gorsuch has applied these views. At issue was a federal law that authorizes prison terms for anyone who “knowingly violates” a ban on the possession of firearms by a convicted felon. A precedent in the Tenth Circuit held that a defendant who knew that he had a firearm could be sentenced under that provision even if he did not know that he was a convicted felon. (In the case Gorsuch was deciding, Miguel Games-Perez had previously taken a plea deal that the presiding judge had misdescribed as an alternative to being “convicted of a felony.”)

Gorsuch participated in a panel of three of the circuit’s judges that affirmed the prison sentence. Gorsuch concurred in the result because he felt bound by precedent. At the same time, he made a powerful argument that the circuit’s precedent could not square with the text of the law. And when the case later came before the circuit, he urged it to reconsider that precedent.

The case brought together several strands of Gorsuch’s thinking. It demonstrated his willingness, shared with Scalia, to overturn a criminal conviction when a proper reading of the law required it. He paid close attention to the text and grammar of the law while expressing skepticism about letting legislative history guide his decision. “Hidden intentions never trump expressed ones,” he wrote, adding an aside about “the difficulties of trying to say anything definitive about the intent of 535 legislators and the executive.” (Scalia was a foe of the judicial consideration of legislative intent for similar reasons.) And it showed, as well, his understanding that a judge must follow his duty even when it leads somewhere he dislikes. “He cared a lot about what the precedents are,” says the former clerk. “He was not interested in bending them or the usual tricks judges can use for getting around them if they don’t like them.”

Also like Scalia, Judge Gorsuch is skeptical of the “dormant commerce clause”: the longstanding legal doctrine that the Constitution’s grant of power over interstate commerce to Congress implies limits on the states’ power over it even when Congress has not spelled out those limits. And he shares Scalia’s preference for clear legal rules over vague “standards” that judges can manipulate to reach desired conclusions.

The former clerk sees similarities between Gorsuch and Scalia that go beyond legal issues. “[Gorsuch] took a lot of care with writing,” he says. “He has a pretty well-earned reputation as one of the best writers on the federal bench. He always cared a lot about an opinion having his voice.” The same was famously true of Scalia. But the voices are different: “Justice Scalia had a sharp pen for dissents. [Judge Gorsuch] is just temperamentally not inclined to do that.”

Sounds like a great pick, huh?

Well, the Demos are sharpening their steely knifes right now to try to keep the President’s Nominee from occupying a seat at the highest court in the land.

Why? Because the Senate Republicans refused to hold hearings on Lame Duck President Barack Hussein Obama’s proposed Nominee to fill Scalia’s position, Merrick Garland.

Garland was anti-Second Amendment, of course (look who nominated him).

The Senate Republicans were well within their rights to not hold hearings for Obama’s Nominee. Why should they have tipped the balance of power on the Supreme Court to the Left End of the Political Spectrum, just so an outgoing President could place another Liberal on the highest court in the land?

Senate Majority Leader Mitch McDonnell can be slow at times, but he’s not stupid.

Well, at least he wasn’t in that instance.

Filling the shoes of Antonin Scalia will be a daunting task. As I wrote at the beginning of this post, Judge Scalia was a man’s man, a Christian and a Constitutionalist, who believed in American Exceptionalism and Traditional American Values.

If Judge Gorsuch’s judicial/political beliefs are indeed similar to Scalia’s President Trump has indeed nominated a WINNER.

You know, not to contradict the President…but, I do not believe that I am going to get tired of all this WINNING.

How about you?

Until He Comes,

KJ