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‘Disingenuous Grandstanding’: McCarthy Mocked for Trying to Bully Merrick Garland With Powers He Does Not Have

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House Minority Leader Kevin McCarthy (R-CA), in an apparent effort to protect Donald Trump, is now attempting to bully Attorney General Merrick Garland and Federal Bureau of Investigation Director Chris Wray into undermining the U.S. Dept. of Justice’s criminal investigation into the former president’s ‘s unlawful retention and refusal to return stolen White House records including secret defense and national security documents classified at the highest levels.

In a letter to both law enforcement leaders dated Friday Congressman McCarthy threatens them with powers he does not have, and legal and government experts are mocking him as a result.

“Just put AG Merrick Garland and FBI Director Christopher Wray on notice for their appearance in public hearings before @JudiciaryGOP concerning the unprecedented raid on President Trump’s home,” McCarthy tweeted Friday. “They must provide all communications and documents relating to the raid.”

READ MORE: ‘Jerked Around’: Bill Barr Destroys Trump, Says It’s ‘Unprecedented for a President to Take All This Classified Info’

They in fact are under no obligation to provide the House Minority Leader with any documents, nor are they required to appear before him to testify.

“The unprecedented nature of the FBI’s search of President Trump’s home and the broad public interest surrounding the raid require more than just a private briefing with the congressional and intelligence committee leadership. The Biden Administration cannot ignore its obligation to submit to public hearings in the House Judiciary Committee, which is charged with broad oversight of the operations and functions of the DOJ and the FBI,” McCarthy claims.

“Republicans on the House Judiciary Committee have called on you to testify in public; the Administration’s failure to appear before the Judiciary Committee only willfully illustrates a desire by the DOJ and the FBI to avoid oversight by their committee of primary jurisdiction,” he writes.

“We will not accept any unlawful attempts to limit congressional access to documents,” the California Republican adds.

“In summation, we request the following,” says McCarthy, who has no legislative authority to formally demand anything from Garland. “Your appearance, along with FBI Director Christopher Wray, in public hearings before the House Judiciary Committee concerning the raid on President Trump’s home,” and “The provision of all communications and documents requested by Republicans relating to the raid on President Trump’s home.”

Ironically, for the better part of the year Minority Leader McCarthy has ignored a lawful subpoena from the U.S. House Select Committee on the January 6 Attack, making his “request” all the more inadequate.

READ MORE: ‘Unfathomably Dangerous’: Former Federal Prosecutor on Trump’s Empty Folders Warns ‘Things Just Went From Bad to Worse’

Steve Vladeck, a University of Texas School of Law law professor with a focus on national security writes: “As separation-of-powers debates go, I’m usually pretty pro-Congress. And even *I* don’t think that Congress has the constitutional authority to demand ‘all communications and documents’ from the Executive Branch relating to an ongoing criminal investigation.”

Former CEO and Editor of the publisher of Foreign Policy Magazine, journalist, podcast host, former Deputy Undersecretary of Commerce, and foreign policy, national security and political affairs analyst and commentator David Rothkopf mocks McCarthy, saying, “Er, nope. That’s just not something you have the power to do.”

Former Assistant United States Attorney for the District of New Jersey Mitchell Epner rhetorically asks, “Does Kevin McCarthy believe that AG Merritt Garland is unaware that the House GOP does not have subpoena power? McCarthy’s statement that “they must provide all communications and documents relating to the raid” confuses his wishcasting with enforceable demands.”

READ MORE: ‘Are You Kidding Me Jeff?’: Reporters Pummeled for Panning Biden’s Anti-Fascism Speech as ‘Political’

Former former DOJ Inspector General and Asst. U.S. Attorney at SDNY Michael Bromwich writes, “Oversight over ongoing criminal investigations simply doesn’t happen, unless you want to kill the investigation. This is dishonest and disingenuous grandstanding for an audience of one.”

“Kevin McCarthy wants the FBI to stop investigating where 80 classified/military aide documents disappeared,” notes national security journalist Marcy Wheeler.

Read the letter below or at this link.

 

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CRIME

Seattle Police Didn’t Provide Access to Lawyers 96% of the Time: Report

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4 months ago

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December 26, 2023

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The Seattle Police Department violated the law and didn’t give people under 18 access to a lawyer when it was supposed to 96% of the time, according to a new report released Friday by the city’s Office of the Inspector General.

The OIG audited the Seattle Police Department on its compliance with two laws, a city-level law called the MiChance Dunlap-Gittens Ordinance and a similar state law, RCW 13.40.740. The laws require police give those under 18 years old access to a public defender before the youth waives their right to remain silent. Police also must provide attorney access when requesting consent for a search, according to the OIG.

The OIG examined 89 arrests and found 50 cases where the laws applied. In those cases, access to an attorney was only provided twice. The OIG broke the interactions into four categories: Custodial Interrogation, which made up half of the cases; Consent to Search, 3 cases; Detained and Questioned, 7 cases; and Arrested, No Evidence of Questioning, 15 cases. Both of the instances where attorney access was provided were in this last category.

READ MORE: DOJ Report Says Louisville Police Needlessly Use Tasers & Dogs on Civilians

In an appendix, the OIG laid out eight recommendations, including updating the Seattle Police Department’s policy manual, requiring officers to “make a good faith effort” to check the age of the person detained, and to perform regular internal audits on whether or not the law is being followed by officers.

SPD’s chief operating officer, Brian Maxey, said it was sometimes difficult to determine if someone is legally a minor, according to the Times, but admitted that “in some instances there are clear gaps in officers’ understanding of the laws and inconsistencies in practice.”

The law is named for MiChance Dunlap-Gittens, a high school senior shot in 2017 following a botched sting operation. King County sheriff’s detectives investigating a homicide attempted to create a sting to catch a suspect. Dunlap-Gitten was killed when he attempted to flee. The suspect the detectives were after also fled, but was caught by a SWAT team that night, according to the Seattle Times. However, neither teenager was involved at all in the homicide under investigation.

Dunlap-Gittens’ death led to a $2.5 million ruling against King County in 2020. In addition to the victim’s family receiving the money, the sheriff at the time apologized and promised to make her officers wear body cameras and use dash cameras, according to the Times. Shortly following the settlement, the Seattle City Council passed the ordinance. A similar ordinance also went before the King County Council. A year later, RCW 13.40.740 passed the State Legislature.

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CRIME

Giuliani Booking Photo Released

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8 months ago

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August 23, 2023

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Former Trump attorney and former Republican Mayor of New York City, Rudy Giuliani was booked in Fulton County, Georgia Wednesday afternoon on racketeering charges and charges related to attempts to overturn the 2020 election.

He was released on a $150,000 bond after being arraigned on 13 charges.

“Conditions include prohibitions against intimidating co-defendants or witnesses, and against communicating with co-defendants other than through their lawyers. Giuliani must check in with pretrial services every 30 days,” USA Today reports.

READ MORE: ‘Wrong on the Law, Wrong on the Facts’: Fani Willis Smacks Down Jeff Clark’s Legal Move in Scathing Response

Former Trump attorneys Jenna Ellis and Sidney Powell were also booked and their photos have been made public as well.

See all three mug shots below or at this link.

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CRIME

‘Moral Turpitude’: Bill Barr Hammers Donald Trump

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9 months ago

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August 17, 2023

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Former Trump Attorney General Bill Barr delivered one of his harshest criticisms to date of his former boss on Thursday, accusing Donald Trump of “moral turpitude.”

“You know, you don’t get immunity for two years in the run-up to an election just by saying, ‘Hey, I’m a candidate,'” Barr told Fox News’ Neil Cavuto.

“These investigations have been going on for a while, everyone knew about them even before he announced his candidacy,” Barr continued. “So if there’s a chance to get it resolved before the election, it should be because the American people should know these are crimes involved – or potential crimes – involving moral turpitude.”

Cornell Law School’s Legal Information Institute says moral turpitude is “wicked, deviant behavior constituting an immoral, unethical, or unjust departure from ordinary social standards such that it would shock a community.”

READ MORE: ‘Truly Scandalous: Jim Jordan Slammed by Former Top DOJ Official

Barr also talked about the two federal cases brought by Special Counsel Jack Smith, one for Trump’s efforts to overturn the election, and one for his refusal to return classified and other documents.

“I think the federal cases are legitimate,” Barr said. “At the end of the day, at the core of this thing he engaged in – in the case of the documents – in outrageous behavior where anyone would be prosecuted. I don’t know of any attorney general who could walk away from it.”

“He’s not being prosecuted for having the documents, he’s being prosecuted for obstruction, two egregious instances are alleged so I think that’s a very simple case.”

Barr also said for him, Trump “crossed the line” when “he used this device of impaneling imposter electors, swearing that they were the electors, but the key point there was, they were in tandem with a plan whereby the vice president would use that as a pretext for nullifying the legal and certified votes. So it was a calculated and deceitful plan to remain in office by nullifying and negating certified legal votes.”

Watch the videos below or at this link:

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