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Tag: Biden’s DOJ

jack smith
December 11, 2023
William Upton
News

Jack Smith Goes Straight To Supreme Court on Question of Presidential Immunity.

Department of Justice (DOJ) special prosecutor Jack Smith is asking the U.S. Supreme Court to step-in and immediately resolve the question of presidential immunity raised by former President Donald Trump. Lawyers for Trump have asserted the Constitution affords the former President absolute immunity from prosecution which would render the DOJ’s January 6 case in Washington, D.C. null.

U.S. District Court Judge Tanya Chutkan – presiding over Smith’s January 6 prosecution – denied Trump’s presidential immunity argument at the beginning of December. Four days ago, the former President’s lawyers appealed Chutkan’s ruling to the D.C. Circuit Court of Appeals, with an additional filing asking the appellate court order all further proceedings in the case paused until the immunity question was resolved.

The crux of Trump’s argument revolves around the absolute immunity from lawsuits to a sitting president granted by Nixon v. Fitzgerald. Whether a sitting or former President is immune from arrest or criminal prosecution for actions taken in office has not been, until now, legally tested. Trump’s lawyers argue his alleged statements regarding the 2020 federal election “unquestionably” fall under the scope of official duties – making them arguably immune from subsequent legal action.

In his Supreme Court filing, Smith counters Trump’s immunity claim, arguing: “The Constitution’s text, structure, and history lend no support to that novel claim. This Court has accorded civil immunity for a President’s actions… and the Executive Branch has long held the view that a sitting President cannot be indicted… But those principles cannot be extended to provide the absolute shield from criminal liability…”. He concludes: “Neither the separation of powers nor respondent’s acquittal in impeachment proceedings lifts him above the reach of federal criminal law.”

Smith’s filing does acknowledge Trump’s request to pause the trial proceedings, while the immunity question is resolved through appeals, is the correct procedure. However, due of the imminent presidential election, Smith argues he is justified in asking the Justices step in and resolve the question ahead of the appellate court – allowing the Washington, D.C.-based trial to move forward on May 4, 2024 as scheduled.

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Department of Justice (DOJ) special prosecutor Jack Smith is asking the U.S. Supreme Court to step-in and immediately resolve the question of presidential immunity raised by former President Donald Trump. Lawyers for Trump have asserted the Constitution affords the former President absolute immunity from prosecution which would render the DOJ's January 6 case in Washington, D.C. null. show more
December 6, 2023
William Upton
News

House Impeachment Inquiry Concludes President Biden’s DOJ Impeded Investigation Into Hunter Biden.

House of Representatives committees leading the impeachment inquiry into President Joe Biden have published an interim staff report concluding Biden’s Department of Justice (DOJ) attempted to control and impede the Internal Revenue Service’s tax crime investigation of his son Hunter. The report serves to address just one of the three lines of investigation the committees opened nearly three months ago.

According to the report, “…the Justice Department afforded Hunter Biden—the President’s son—preferential treatment throughout its investigation of his numerous alleged crimes… then sought to cover up its actions after two courageous IRS agents stepped forward to blow the whistle on the Department’s deviations from its investigative standards.”

The committees state Biden appointees “exercised significant oversight and control over the investigation,” adding Special Counsel David Weiss “…did not have ‘ultimate authority’ over the Hunter Biden case.”

“[DOJ} officials slow-walked the investigation, informed defense counsel of future investigative actions, prevented line investigators from taking otherwise ordinary investigative steps, and even allowed the statute of limitations to expire on the most serious potential charges,” House investigators reported. They went on to add the actions undertaken by the DOJ were “unprecedented” and “conflicted with standard operating procedure” – and evidentiary of an effort to engineer a politically favorable outcome for President Joe Biden and his family.

The report details evidence indicating the DOJ likely would not have moved forward with a criminal prosecution of Hunter Biden had IRS whistleblowers not come forward and exposed the Department’s slow-walking of the tax crime investigation. The evidence of DOJ and FBI stonewalling efforts is further corroborated by testimony given to the House Judiciary Committee by FBI officials which indicated no significant progress had been made in Weiss’s investigation in October of 2022.

The House committees believe the DOJ was forced to renew its investigation after IRS whistleblowers came forward in April 2023. This culminatied with Attorney General Merrick Garland announcing the appointment of Weiss as special counsel on August 8, 2023.

In addition to DOJ interference, the interim staff report contends attempts by Hunter Biden’s lawyers to influence the DOJ towards investigating witnesses against him is demonstrative of “the extent to which Hunter Biden believes it[sic] can influence the investigation in a manner favorable to him.” House investigators reiterated concerns over how closely the DOJ worked with Hunter Biden’s lawyers in crafting the ‘sweetheart‘ plea deal later rejected by a federal judge.

A formal vote to adopt the impeachment inquiry is expected next week.

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House of Representatives committees leading the impeachment inquiry into President Joe Biden have published an interim staff report concluding Biden's Department of Justice (DOJ) attempted to control and impede the Internal Revenue Service's tax crime investigation of his son Hunter. The report serves to address just one of the three lines of investigation the committees opened nearly three months ago. show more
November 28, 2023
Jake Welch
News

Govt Surveillance Program Gives Law Enforcement Access to TRILLIONS of Phone Records Without Suspicion of Criminality.

A clandestine government surveillance program has been tracking more than one trillion domestic phone records of ordinary, law-abiding citizens across the United States for over a decade, according to a letter sent by Democratic Senator from Oregon Ron Wyden to the Department of Justice (DOJ).

The letter, obtained by WIRED, suggests that the Data Analytical Services (DAS) program has enabled federal, state, and local law enforcement to sieve through countless phone records and information without suspicion of criminality or wrongdoing.

The program, which cooperates with AT&T, utilizes “chain analysis,” which allows agencies or law enforcement to look into anyone who may have been in contact with a criminal suspect. Law enforcement may request any data or call records of anyone related to the suspect – regardless of how distant – so long as they use AT&T.

A range of agencies and officials have hitherto participated in the program, ranging from the U.S. Postal Service to the Californian Highway Patrol. Others include the New York Department of Corrections, U.S. Immigration and Customs, and the National Guard.

One instance involved a San Jose officer who asked the Northern California Regional Intelligence Center to identify a potential victim and material witness in a criminal case. The officer said that by way of the program, “We obtained six months of call data for [suspect]’s phone, as well as several close associations (his girlfriend, father, sister, mother).”

“I have serious concerns about the legality of this surveillance program, and the materials provided by the DOJ contain troubling information that would justifiably outrage many Americans and other members of Congress,” Senator Wyden stresses in the letter.

“The public interest in an informed debate about government surveillance far outweighs the need to keep this information secret. To that end, I urge you to promptly clear for public release the material described,” he adds.

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A clandestine government surveillance program has been tracking more than one trillion domestic phone records of ordinary, law-abiding citizens across the United States for over a decade, according to a letter sent by Democratic Senator from Oregon Ron Wyden to the Department of Justice (DOJ). show more