Monday, July 1, 2024

Justice, Chiefly: Clarence Thomas and the Constitution to Which We Actually Consented

“It cannot be presumed that any clause in the Constitution is intended to be without effect.”--Actual President James Madison


Greatness seeking Greatness, Deep seeking Deep

Justice Thomas Challenges Legitimacy Of Jack Smith's Appointment (thefederalist.com):

"Thomas, in his concurrence, spent little time reinforcing the majority’s opinion and instead explained he wrote “to highlight another way in which this prosecution may violate our constitutional structure.”


Thomas explained that Garland’s appointment of Smith to prosecute Trump may have been unconstitutional, noting he is “not sure that any office for the Special Counsel has been ‘established by Law’ as the Constitution requires.” 

“If there is no law establishing the office that the Special Counsel occupies, then he cannot proceed with this prosecution. A private citizen cannot criminally prosecute anyone, let alone a former President,” Thomas opined. “If this unprecedented prosecution is to proceed, it must be conducted by someone duly authorized to do so by the American people. The lower courts should thus answer these essential questions concerning the Special Counsel’s appointment before proceeding.”


Thomas explained that while the Constitution permits “Heads of Department” — like Garland — to appoint inferior officers, it also requires the appointed office be “established by Law.” Thomas claims Garland “did not identify any statute that clearly creates such an office” when appointing Smith to special counsel; Garland simply cited general statutes, “none” of which “appears to create an office” for Smith.


But even if the office itself is constitutional, Thomas argues that Smith’s appointment may not be. Thomas says it must be determined whether the special counsel role is a principal or inferior officer. A principal officer requires a nomination by the president and confirmation by the Senate — which Smith did not receive. Thomas argues an inferior officer does not require presidential nomination and senatorial confirmation “only if ‘Congress . . . by law vest[ed] the Appointment’ in the Attorney General as a ‘Hea[d] of Department.'”


“So, the Special Counsel’s appointment is invalid unless a statute created the Special Counsel’s office and gave the Attorney General the power to fill it ‘by Law,'” Thomas argues.


Thomas also invoked the founders to explain why Garland and the executive branch’s authority to create and fill roles is limited.


The founders, weary of a power-hungry monarch that could — as the king did — both create positions and then fill those positions to carry out partisan objectives, “broke from the monarchial model by giving the President the power to fill offices (with the Senate’s approval), but not the power to create offices,” Thomas explained.


“We cannot ignore the importance that the Constitution places on who creates a federal office,” Thomas continued. “To guard against tyranny, the Founders required that a federal office be ‘established by Law.'”


“As James Madison cautioned,” Thomas continued, “‘[I]f there is any point in which the separation of the Legislative and Executive powers ought to be maintained with greater caution, it is that which relates to officers and offices.'”


Thomas’ reasoning, while not legally binding, may have significant implications in Donald Trump’s defense against the Biden Justice Department’s lawfare in Florida. Judge Aileen Cannon recently heard arguments in the classified document case against Trump — also brought by Smith — as to whether Smith’s appointment was unlawful. Constitutional expert and former attorney general under President Ronald Reagan, Ed Meese, filed an amicus brief arguing Smith’s appointment violates the Appointments Clause." .......


Again, Anwar al Awlaki was an American citizen. He shouldn’t have been, but he was.

He ran “Dirty Bob” Mueller’s team of Saudi Hijackers on 9/11 and so was allowed to escape.

Later, B. Hussein O’Langley allowed Awlaki to give religious counsel online to Maj. Nidal Hassan at Ft. Hood.

Then Pres. Bathhouse decided to clean up the loose ends and had Awlaki summarily executed Awlaki with a drone to silence him. No trial. No judge. No jury.

Is this the kind of thing you mean by presidents executing their opponents, Zoe?

Similarly, the Clinton/Rodham Gang were selling pardons on their way out the White House door, like the cheap-ass Southern Cornpone Grifters they were. Even Democrats pretended briefly to be outraged. A US ATTY was appointed to investigate. His name: Jim Comey. 

He gave them a Bribery Pardon, just like Special Counsel Him/Hur gave Biden a Brain Damage Pardon for selling secrets at the Penn/Biden Center. For his coverup. Comey was made FBI Direktor.

THIS IS EXACTLY WHY DEMOCRATS DON'T CARE THAT THEIR PRESIDENTS GET IMMUNITY, TOO.

They think they will always have their Two-Tiered Justice System under the protection of an American Gestapo DOJ.

But their Famous Final Scene in the FuhrerBunker has already been written, praise God!

Key Biden Control Officer Says Kamala Harris "Must NOT Be Worked Around" if Biden Removes Himself - The Last Refuge (theconservativetreehouse.com):

"James Clyburn and Barack Obama are the two democrats who could unilaterally remove Joe Biden by withdrawing their support.  It must frustrate Jill Biden to know The Lightbringer and the Ballot Master have that kind of leverage over her appointments at Tiffanys.

As a result of this dynamic, we remind everyone to pay close attention to how Clyburn and Obama are indicating their position.

Additionally, it is worth remembering how Obama and Clyburn agreed on Kamala Harris as the VP selection in 2020, and informed Joe Biden who would be on his ticket.  The Jussie Smollet operation was still active when Kamala was installed with Biden.

During an MSNBC interview today, James Clyburn expressed support for Kamala Harris to ascend the top of the ticket if Biden makes the decision to remove himself.

Keep in mind, Biden will not quit. The decision to exit will be made for Biden, and within the departure process all deference will be given to the Biden group to shape their exit.

The Obama/Clyburn professionally Democratic power brokers within the DNC collective will make the decision; Biden will just be given the opportunity to make it look like it’s his choice.  That’s the way Democrats roll." .......

Joey Child-Toucher was not even supposed to be the Installee.

The Obamas wanted to install their little mini-mes, Kamala and a gay black senator like Barack, Corey Booker.

They were all working with Jussy Smollet to fake his lynching. Harris and Booker were supposed to ride into the White House on their Federal Anti-Lynching bill, because that’s such a real problem. The last lynching I recall was Bill Barr and Hillary lynching Epstein to protect all the Pedophiles in DC.

When Operation: Crafty Beaver went south, Jussie got arrested, Booker disappeared and Kamala ran, blaming Joe for bussing her to school. I thought everyone loves a school bus.

She bombed so badly that they pulled her before she lost her home state of California, where she kept prisoners in jail past their terms to use as slave labor, evidently a family tradition.

And that’s when Obankster had her Puppet-ass installed as veep.

Andrew Weissmann Apoplectic at Immunity Decision - SCOTUS: The President IS The Executive Branch - The Last Refuge (theconservativetreehouse.com):

"...With the Supreme Court ruling yesterday on presidential immunity, the Lawfare group is absolutely apoplectic and fraught with anxiety about it.

Why?

Why this much extreme vitriol?

The answer is very simple.  Andrew Weissmann speaks about the exact reason in this soundbite.  Listen at the 01:37 point, when Weissmann says the ruling now puts the President in charge of the DOJ-NSD.  THAT reality is beyond alarming to a group who have lived in a world where they were untouchable.  WATCH: ...

Washington DC created the modern national security apparatus immediately and hurriedly after 9/11/01.  DHS came along in 2002, and within the Intelligence Reform and Terrorism Prevention Act of 2004 the ODNI was formed.  When Barack Obama and Eric Holder arrived a few years later, those newly formed institutions were viewed as opportunities to create a very specific national security apparatus that would focus almost exclusively against their political opposition.

Eric Holder created the DOJ-National Security Division for exactly the purpose of weaponizing the DOJ to target their political opposition.  This is what the DOJ-NSD does under the auspices of “National Security.”  The FARA violation monitoring is one of the more well-known operations within the DOJ-NSD, and from that construct you find the original justification for the NSA database monitoring.

The surveillance of Americans shifted around the roles and responsibilities within Main Justice after the DOJ-NSD was created.  The National Security Division took over Foreign Agent Registration Act monitoring as well as FISA.  Both FARA and FISA required some form of downstream surveillance within the authority of the NSD.

The FBI counterintelligence division became the investigative offshoot to assist the NSD, and due to the tightrope of legal compliance issues, lawyers from the NSD were dispatched into the FBI to give legal assistance on the surveillance side.  This is how NSD lawyers like Lisa Page, Tashina Guahar and Kevin Clinesmith end up encircling FBI officials like Peter Strzok and Andrew McCabe.

Within this newly created DOJ-NSD, there was no inspector general oversight, so the internal officials were unaccountable, had no reason to worry about anyone looking at them, and they were generally running amok. In 2015 the Office of the DOJ Inspector General requested oversight, and it was Deputy AG Sally Yates who responded with a lengthy 58-page legal explanation saying, essentially, ‘nope – not allowed.’ (PDF HERE) All of the DOJ is subject to oversight, except the NSD.

We discover just how ridiculous and partisan the NSD became through the outcomes of the Hillary Clinton investigation.  The Clinton investigation was operated by the FBI and the unaccountable DOJ-NSD.

Yesterday, in a stunning opinion that destabilized the Lawfare ideologues, the Supreme Court affirmed the Unitary Executive principle around the constitution.

The 6-3 opinion held that the President is “a person alone who comprises a branch of government.”  This is important to understand. The Executive Branch is the President." .......

Mary McCord, Norm Eisen and Andrew Weissmann and the DOJ-NSD (National Security Division).


Were they appointed by a President? I suspect they were only appointed by someone who was appointed by someone who was appointed by a President.


That's not good enough, especially when they claim to be above all scrutiny. Not even the CIA claims that, officially, anyway. They claim it unofficially through their Bribery/Blackmail Protocols.


They are sui generis Tyrants who have usurped the President's National Security Authority and arrogated it unto themselves, completely untethered from the People's Constitution.

"The fabric of American empire ought to rest on the solid basis of THE CONSENT OF THE PEOPLE. The streams of national power ought to flow from that pure, original fountain of all legitimate authority."
--Alexander Hamilton


The Executive Branch IS the President.


This is how We the People exert OUR Political Power and Authority over OUR government; by electing that president in Honest Elections.


All of those things are anathema to these Beach Blanket Baby Nazis.


They do not care that Democrat presidents also receive Immunity under this ruling. Why?


A: Because their Two-Tiered ReichsJustice System ALREADY provides de facto Immunity for Democrat and UNIPARTY presidents.

"...Weissmann says the ruling now puts the President in charge of the DOJ-National Security Division. THAT reality is beyond alarming to a group who have lived in a world where they were untouchable."

Really?


Jeremiah 21:


12 This is what the Lord says to the dynasty of David:


“‘Give justice each morning to the people you judge!

    Help those who have been robbed;

    rescue them from their oppressors.

Otherwise, my anger will burn like an unquenchable fire

    because of all your sins.

13 

I will personally fight against the people in Jerusalem,

    that mighty fortress—

the people who boast, “No one can touch us here.

    No one can break in here.”

14 

And I myself will punish you for your sinfulness,

    says the Lord.

I will light a fire in your forests

    that will burn up everything around you.’”


Bring Your Glory Fire, Lord, Soon and suddenly, Lord, even in the twinkling of an eye.


Hosannah--they lose and we win! Hallelujah!


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"If Clyburn tells Biden to go, then Biden goes."

That's because Clyburn runs the Ballot Fraud Operations in the half-dozen cities that manufactured Biden's last Installation. And he and Obankster are on the same page.

Viva Frei:

Did the Court rule on whether State and Local Courts have immunity from prosecution for bringing Nazi-style Police State Prosecutions of Political Opponents and dragging our Legal System down into the sewer with them where they live?

Asking for the Super-Majority of Actual Voters who already re-elected President Trump once in a Historic Landslide.

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Isaiah 1

26 I will restore your judges as at the first,
and your counselors as at the beginning.
Afterward you shall be called
the city of righteousness,
a faithful town.

27 Zion shall be redeemed with justice
and her converts with righteousness.
28 But the destruction of the transgressors and sinners shall be together,
and those who forsake the Lord shall be consumed.

Heavenly Father, we pray that those cooperating with evil would turn from the darkness and repent before You, even becoming whistleblowers. You love them, too, yet You will not see Your People oppressed any longer. We speak Victory with You and decree Defeat for Your enemies. Because of Your Great Love for Your Children, You are coming in Justice, Righteousness and Deliverance, and especially in Your Glory, Father God. Lord Jesus our Savior, You are now taking Center Stage as the Holy Spirit moves in the earth and the Spirit of Liberty reigns over America, Israel and then the Nations. We command our Angel Armies to tear down all the strongholds of the enemy by the authority of the believer, Christ within us, and we release Your Glory, Father, over this nation in the Mighty Name of Jesus Christ, Amen and Amen!



23-939 Trump v. United States (07/01/2024) (supremecourt.gov)--Thomas concurrence


via Prof. Volokh's: Three Former Attorneys General File Amicus Brief in Trump v. Anderson (reason.com)


20240220173530766_Trump v US Stay Amicus Final.pdf (supremecourt.gov)--the Meese/Mukasey/Barr amicus brief


Supreme Court Rules President Trump Has Absolute Immunity for Official Actions Within Constitutional Authority - The Last Refuge (theconservativetreehouse.com)



"You da' man!"
"No--YOU da' man!"

Jeremiah 9:23-24 

“Don’t let the wise brag of their wisdom.
Don’t let heroes brag of their exploits.
Don’t let the rich brag of their riches.
If you brag, brag of this and this only:
That you understand and know me.
I’m God, and I act in loyal love.
I do what’s right and set things right and fair,
and delight in those who do the same things.
These are my trademarks.”
God’s Decree.

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