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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

Trump Sanctions Upheld Over ‘Frivolous’ Lawsuits Against Hillary Clinton, James Comey

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President Donald Trump and his then-lawyer Alina Habba are on the hook for almost $1 million in sanctions.

The 11th Circuit Court of Appeals upheld a court order penalizing Trump and Habba in lawsuits against former Secretary of State Hillary Clinton, former FBI Director James Comey, former head of the Democratic National Committee Debbie Wasserman Schultz, the DNC itself and others.

Trump and Habba filed suit under anti-racketeering laws against 28 total people and organizations in 2022, alleging a conspiracy to collude with Russia in order to tank his 2016 presidential campaign. Though the Steele dossier at the center of the claims has been described as “discredited” by a number of news outlets, Trump and Habba filed the original suit 5 months after the statute of limitations had passed.

READ MORE: ‘That Family Is Basically a Racketeering Enterprise’: Ex-Obama Adviser Blasts Scandals From Trump’s Adult Children

“We do not doubt that, in the light of the Durham Report, President Trump has concerns about some defendants’ conduct during the 2016 election. The investigation by Special Counsel Durham found that some defendants played a role in orchestrating unverified allegations of him colluding with Russia. And it found that key allegations in the Steele Dossier, relied on by the Federal Bureau of Investigation and the press, were never corroborated. Some appeared to be fabricated. The Special Counsel’s investigation found that Bureau officials appeared to favor Clinton and that their investigation decisions reflected that preference. And it found that the Crossfire Hurricane investigation began without ‘any actual evidence of collusion,'” Chief Judge William Pryor Jr. wrote. “Yet, those findings do not cure the deficiencies in Trump’s racketeering claims.”

In addition Pryor wrote that even if Trump had filed suit before the statute of limitations expired, “none of these proceedings are, or even resemble, a racketeering action.”

“At best, they are actions involving some of the conduct that Trump incorporates into his racketeering claim,” Pryor wrote.

There was a minor bit of good news for Trump, however. In one of the four appeals Pryor ruled on, he rejected a request by two appellants, Orbis Limited and Charles Halliday Dolan Jr., for fees and double costs to be levied against the president. Orbis is Christopher Steele’s “private intelligence firm” that produced the Steele dossier, while Dolan was a Clinton campaign operative who provided information used in the dossier.

Pryor found that in this one case, Trump’s appeal to the dismissal of the case made “meritorious arguments.” He remanded that particular case back to the lower court to change its dismissal from “with prejudice”—meaning that the case cannot be filed again—to “without prejudice,” meaning that Trump’s team could fix errors in the original lawsuit and refile.

Image via Reuters

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DOJ Sues Washington State Over Law Requiring Catholic Priests to Report Child Abuse

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The Department of Justice has filed suit against Washington state over a new law requiring Catholic priests to report child abuse even if knowledge of the abuse was obtained during confession.

The law, Senate Bill 5375, was signed by Democratic Gov. Bob Ferguson on May 2, and would go into effect on July 27. The bill makes clergy mandatory reporters of child abuse and neglect, much like doctors and teachers. Catholic bishops in Washington have condemned the law because it does not address the sacred rite of confession.

Under the law, if abuse is revealed during confession, the priest must report it to police or the state’s Department of Children, Youth and Families. However, in the Catholic faith, the Seal of Confession directs priests to keep anything they learn during confession secret—even under the threat of imprisonment or death. Should a priest fail to do so, they would be excommunicated.

“I want to assure you that your shepherds, bishop and priests, are committed to keeping the seal of confession – even to the point of going to jail. The Sacrament of Penance is sacred,” Bishop Thomas A. Daly of the Spokane, Washington diocese wrote in a statement.

READ MORE: Pedophile Priest Sex Abuse: Catholic Churches Settle For $102 Million

A previous version of the bill did include a provision protecting priests from revealing anything learned during confession. Catholic bishops and Republicans in the state senate argued for the provision, but it was ultimately removed. All Republicans voted against the final version of the bill, along with two Democrats; it passed 28-20. Though the law requires priests to report abuse, it does not compel them to testify in court.

In response, a number of bishops filed a lawsuit, Etienne v. Ferguson, to stop the law. On June 16, a group of Orthodox churches in Washington state filed a similar lawsuit.

Gov. Ferguson, a Catholic, said he was dismayed by the suit.

“I’m disappointed my Church is filing a federal lawsuit to protect individuals who abuse kids,” Ferguson said.

The Department of Justice joined the fray on Monday. The DOJ called the law “anti-Catholic,” saying it violates the First Amendment. Monday’s suit is a motion to intervene in Etienne v. Ferguson.

“Senate Bill 5375 unconstitutionally forces Catholic priests in Washington to choose between their obligations to the Catholic Church and their penitents or face criminal consequences, while treating the priest-penitent privilege differently than other well-settled privileges. The Justice Department will not sit idly by when States mount attacks on the free exercise of religion,” Assistant Attorney General Harmeet K. Dhillon said in a statement.

Senate Bill 5375 is the third time the Washington senate was asked to make clergy mandatory reporters. The bill’s prime sponsor was Sen. Noel Frame (D-Seattle), who told KING-TV she brought the newest version before the Senate after hearing that three different Catholic archdioceses in the state were under investigation over allegations of covering up abuse.

“Quite frankly, that made it hard for me to stomach any argument about religious freedom being more important than preventing the abuse, including the sexual abuse of children,” Frame said in January. “I really wonder about all the children who have been abused and neglected and have gone unprotected by the adults in their lives because we didn’t have a mandated reporter law and that we continue to try to protect this in the name of religious freedom.”

Image via Shutterstock

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AG Pam Bondi Says Tesla Vandals Could Get 20 Years In Prison

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U.S. Attorney General Pam Bondi announced on Thursday that, if convicted, the Tesla vandals who lit the electric cars and charging stations ablaze could get up to 20 years in prison.

“The days of committing crimes without consequence have ended,” Bondi said. “Let this be a warning: if you join this wave of domestic terrorism against Tesla properties, the Department of Justice will put you behind bars.”

Bondi announced the charges against three alleged Tesla vandals. All of the defendants are accused of using Molotov cocktails. Two defendants, one in Salem, Oregon and another in Loveland, Colorado, allegedly attacked Tesla dealerships. A third allegedly burned Tesla charging stations in Charleston, South Carolina.

READ MORE: Fox News Reporter Challenges Trump on Promoting Tesla While Americans Are ‘Struggling’

Though Bondi’s statement did not identify any of the defendants or reveal the charges levied against them, the Department of Justice said the penalty ranged from five to 20 years in prison. Bondi has previously characterized the attacks on Tesla dealerships as “nothing short of domestic terrorism” according to ABC News.

The three anonymous defendants cited by Bondi are not the only alleged Tesla vandals. Earlier this week, a Tesla service center in Las Vegas was hit, as was a dealership in Kansas City, Missouri according to Electrek.

Tesla dealerships have seen an increase of protests as many left-leaning figures are calling for boycotts against the company. Tesla’s CEO, Elon Musk, is also the leader of the Department of Government Efficiency, or DOGE. Despite the name, DOGE is not an official department of the U.S. government, as it was not established by Congress. DOGE is behind the recent mass firings of government workers.

Outside of the peaceful protests, vandals have spray-painted anti-DOGE and anti-Tesla graffiti on Tesla cars and dealerships. The number of arsons at dealerships has also been increasing of late, leading Fox News anchor Harris Faulkner to suggest that arsonists could face the death penalty, according to Mediaite.

“What happens if there’s someone in one of these cars they blow up? That can happen! That becomes murder! Or worse. Terrorism plus! And I know that on January 20th, the president signed into law, into, through an executive order, restoring the death penalty. Do you think this sort of thing… And I hate to think it! People leave their children and pets in cars. I mean, you don’t know! This is deadly dangerous stuff these liberal protesters are playing with!” Faulkner said.

There have been no reports of Teslas being lit on fire with anyone nearby. The Teslas set on fire have primarily been at dealerships after business hours, times when no one would be in the cars, making Faulkner’s scenario unlikely.

Image via Reuters

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