1) My latest @EpochTimes (it was a busy day)
Democrat Letter Raises Serious Constitutional Concerns—and Some Serious Questions
Who is "You"...
theepochtimes.com/democrat-lette…
Democrat Letter Raises Serious Constitutional Concerns—and Some Serious Questions
Who is "You"...
theepochtimes.com/democrat-lette…
2) The four Democratic members of the Gang of Eight sent a highly unusual and inflammatory letter.
The letter went to DNI Dan Coats, DAG Rod Rosenstein, and FBI Director Christopher Wray.
democraticleader.gov/wp-content/upl…
The letter went to DNI Dan Coats, DAG Rod Rosenstein, and FBI Director Christopher Wray.
democraticleader.gov/wp-content/upl…
3) The letter in question came from Nancy Pelosi, Chuck Schumer, Adam Schiff, and Mark Warner.
The least surprising aspect of the letter is that Pelosi and her fellow Democrats don’t want the FBI and DOJ (or anyone) to comply with President Trump’s Declassification Order.
The least surprising aspect of the letter is that Pelosi and her fellow Democrats don’t want the FBI and DOJ (or anyone) to comply with President Trump’s Declassification Order.
4) Before proceeding further, a few points of clarification:
The Executive and Legislative Branches are co-equal branches of government. One is not subordinate to the other.
The DOJ (and the FBI) are part of the Executive Branch—under the authority of President Trump.
The Executive and Legislative Branches are co-equal branches of government. One is not subordinate to the other.
The DOJ (and the FBI) are part of the Executive Branch—under the authority of President Trump.
5) DOJ & FBI are subordinate to the President.
President Trump issued a Presidential Order-not a request.
He has Constitutional Power to declassify docs.
President Trump has plenary (absolute) authority in this matter.
Go8 does not represent a “fourth branch” of government.
President Trump issued a Presidential Order-not a request.
He has Constitutional Power to declassify docs.
President Trump has plenary (absolute) authority in this matter.
Go8 does not represent a “fourth branch” of government.
6) There’s a lot in this letter but let’s start with the closing sentence.
“Your agencies’ review, and any communication with the White House on the substance of the material, should not proceed further until you have briefed the Gang of Eight in person.”
“Your agencies’ review, and any communication with the White House on the substance of the material, should not proceed further until you have briefed the Gang of Eight in person.”
7) “Should not proceed further.”
The Gang of Eight cannot circumvent a Presidential Order that has been issued to Executive Branch officials—officials who are subordinate to the President.
The Gang of Eight cannot circumvent a Presidential Order that has been issued to Executive Branch officials—officials who are subordinate to the President.
8) Congressional members are responsible for various oversight issues, but they cannot issue an “order” to officials within the Executive Branch.
Especially one that attempts to circumvent a Presidential Order.
Especially one that attempts to circumvent a Presidential Order.
9) @willchamberlain provides us w/an excellent explanation:
“President Trump has ordered his subordinates to declassify certain information relating to the Russia investigation.
He has plenary declassification authority as the President of the United States."
“President Trump has ordered his subordinates to declassify certain information relating to the Russia investigation.
He has plenary declassification authority as the President of the United States."
10) Cont: "The FBI and the DOJ are subordinate to him. Congress does not get to order Executive Branch officials to defy a president—that’s actually a constitutional crisis.”
Will's Video Statement Below:
Will's Video Statement Below:
11) The demand by the Go8 Congressional Democrats is a written attempt to assume power not rightly granted by our Constitution.
Such an attempt should not be tolerated.
Unfortunately, at this juncture, there has been no such outrage about the letter.
Such an attempt should not be tolerated.
Unfortunately, at this juncture, there has been no such outrage about the letter.
12) Following the letter’s release, @TheLastRefuge2 sent out a tweet, asking a very simple question:
“Who is ‘YOU?'”
“Who is ‘YOU?'”
13) An excellent question.
It pertains to several odd references made throughout the letter, which highlight previously unknown verbal assurances provided by one or more of the parties being addressed.
It pertains to several odd references made throughout the letter, which highlight previously unknown verbal assurances provided by one or more of the parties being addressed.
14) The first occurrence happens at the end of the first paragraph:
“Any decision by your offices to share this material with the President or his lawyers will violate longstanding Department of Justice policies, as well as assurances you have provided to us.”
“Any decision by your offices to share this material with the President or his lawyers will violate longstanding Department of Justice policies, as well as assurances you have provided to us.”
15) What assurances were provided?
To whom were they made?
And who made them?
At certain points, the focus of those being addressed subtly shifts—seemingly from one person to another.
To whom were they made?
And who made them?
At certain points, the focus of those being addressed subtly shifts—seemingly from one person to another.
16) “On June 5, 2018, we first wrote to Deputy Attorney General Rosenstein and Director Wray to express deep concern..."
“On June 27, 2018, we wrote again to memorialize the verbal assurance you provided us...
“On June 27, 2018, we wrote again to memorialize the verbal assurance you provided us...
17) ...that DOJ and FBI would not provide the White House or any of the President’s attorneys with access to sensitive information briefed to a small group of designated Members.”
18) The “sensitive information briefed to a small group of designated members” is a bit easier to understand.
The small group is, of course, the Gang of Eight.
We also know who did the briefings between August and September 2016:
Former CIA Director John Brennan.
The small group is, of course, the Gang of Eight.
We also know who did the briefings between August and September 2016:
Former CIA Director John Brennan.
19) From testimony:
“Through the so-called Gang-of-Eight process, we kept congress apprised of these issues as we identified them.
In consultation with the White House, I personally briefed the full details of our understanding of Russian attempts to interfere in the election.
“Through the so-called Gang-of-Eight process, we kept congress apprised of these issues as we identified them.
In consultation with the White House, I personally briefed the full details of our understanding of Russian attempts to interfere in the election.
20) “Specifically, Senators Harry Reid, Mitch McConnell, Dianne Feinstein, and Richard Burr.
And to representatives Paul Ryan, Nancy Pelosi, Devin Nunes, and Adam Schiff.
Between 11th August and 6th September [2016], I provided the same briefing to each of the Go8 members.”
And to representatives Paul Ryan, Nancy Pelosi, Devin Nunes, and Adam Schiff.
Between 11th August and 6th September [2016], I provided the same briefing to each of the Go8 members.”
21) Why did Brennan brief each Gang of Eight member separately—and over a span of three weeks?
Perhaps it was nothing more than scheduling conflicts.
Brennan certainly appears to go out of his way to note that he provided the same briefing to each member.
Perhaps it was nothing more than scheduling conflicts.
Brennan certainly appears to go out of his way to note that he provided the same briefing to each member.
22) But why would there be a particular concern over this information being given to the White House or any of the President’s attorneys.
It seems an odd point to be demanding privacy assurances on Go8 briefings nearly two years later.
It seems an odd point to be demanding privacy assurances on Go8 briefings nearly two years later.
23) As long as all the information transmitted by Brennan was the same for each Go8 member.
But what if there were differing briefings provided to differing Go8 members...
But what if there were differing briefings provided to differing Go8 members...
24) Meanwhile, those being addressed by the letter continue to shift:
“On July 12, 2018, we also wrote to Director Coats to express alarm that this information was being made more broadly available within the Congress, in direct contravention of your assurances.
“On July 12, 2018, we also wrote to Director Coats to express alarm that this information was being made more broadly available within the Congress, in direct contravention of your assurances.
25) During our meetings with all of you on these sensitive matters we discussed...importance of protecting sources & methods & ongoing investigations.
As you recall, all the attendees agreed...information discussed was among the most sensitive type...and should be protected.”
As you recall, all the attendees agreed...information discussed was among the most sensitive type...and should be protected.”
26) Notice what was actually said and who was addressed.
First comes an indirect reference to DNI Coats; “We also wrote to Dir Coats.”
Then a shift back to direct address: “in direct contravention of your assurances.”
This could be understood as shift back to all three.
First comes an indirect reference to DNI Coats; “We also wrote to Dir Coats.”
Then a shift back to direct address: “in direct contravention of your assurances.”
This could be understood as shift back to all three.
27) But then comes the distinction: “during our meetings with all of you.”
And then back to “as you recall.”
Who is “you?”
My money is on Rosenstein.
But Wray appears to be a near equal candidate.
Both are possible.
/End.
And then back to “as you recall.”
Who is “you?”
My money is on Rosenstein.
But Wray appears to be a near equal candidate.
Both are possible.
/End.
