It should not be a 5-4 split and majority decision, but that just goes to reflect how radical and structurally political the Supreme Court has become.  In an important ruling today the Supreme Court ruled 5 to 4 that illegal aliens can be prosecuted by the states for stealing the identity of U.S. persons on employment eligibility paperwork.  [Direct pdf link]

Stunningly four justices (BREYER, GINSBURG, SOTOMAYOR, and KAGAN) dissented from the majority decision; and instead gave their minority opinion that federally mandated I-9 employment eligibility certifications should not be permitted for use as evidence in cases surrounding identity theft.
According to the dissenting opinion, if your identity or social security number was stolen by an illegal alien; and used to falsify employment eligibility documents; that illegal action is not itself criminal conduct because the documents are not permissible as evidence to show the alien falsified information. An absolutely bizarre position in a nation of laws.
The primary issue surrounds federal laws that state employment affidavits, like an I-9 eligibility declaration, cannot be used to prosecute illegal aliens, unlawfully residing in the U.S.  However, it is simultaneously unlawful under federal law to provide false information on those employment eligibility documents.
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Earlier today the notoriously political and corrupt former FBI Director, James Comey, provided his endorsement for Joe Biden in the Democrat primary.

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Yesterday the notoriously political and corrupt former CIA Director, John Brennan, also gave his full-throated endorsement for Joe Biden….
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Ohio congressman Jim Jordan appears on Fox News to discuss the current status of FISA reauthorization and the reason why reforms to the process are needed.   Additionally, Jordan outlines why there is partisan resistance to the nomination of John Ratcliffe as Director of National Intelligence (DNI).

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Representatives requesting FISA reform prior to renewal include: Mark Meadows, Jim Jordan, Doug Collins, Jody Rice, Devin Nunes and Steve Scalise. Additionally, Senators Mike Lee, Ted Cruz and Senator Rand Paul are trying to force reform or let the current version expire. AG Bill Barr is requesting a clean FISA renewal with no reforms or revisions. Senate Leader Mitch McConnell and Judiciary Chairman Lindsey Graham support the AG request.
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The Senate is scheduled to go back into recess March 13, 2020.  Additionally, the DOJ/FBI response to the FISA court order (due February 5th) has still not been made public.  If congress is going to reauthorize the controversial FISA provisions, they have ten days.
In November of 2019 buried deep in the congressional budget Continuing Resolution (CR) was a short-term extension to reauthorize the FISA “business records provision”, the “roving wiretap” provision, the “lone wolf” provision, and the more controversial bulk metadata provisions [Call Detail Records (CDR)], all parts of the Patriot Act.  As a result of the FISA CR inclusion the terminal deadline was pushed to March 15, 2020.

AG Bill Barr is requesting a clean FISA renewal with no reforms or revisions. Senate Leader Mitch McConnell and Judiciary Chairman Lindsey Graham support the AG request.
Representatives requesting FISA reform prior to renewal include: Mark Meadows, Jim Jordan, Doug Collins, Jody Rice, Devin Nunes and Steve Scalise. Additionally, Senators Mike Lee, Ted Cruz and Senator Rand Paul are trying to force reform or let the current version expire. The American people want it scrapped, or, at a minimum strongly revised.
Congress is trying to hide the FISA renewal within the Coronavirus appropriations bill.

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A federal judge has ruled that Hillary Clinton and her former chief of staff Cheryl Mills must sit for a deposition within 75 days (full ruling pdf below).   Judicial Watch won the court ruling despite the ongoing efforts by the DOJ to block their inquiry. [JW Link]

From the Ruling – “The Court has considered the numerous times in which Secretary Clinton said she could not recall or remember certain details in her prior interrogatory answers. In a deposition, it is more likely that plaintiff’s counsel could use documents and other testimony to attempt to refresh her recollection. And so, to avoid the unsatisfying and inefficient outcome of multiple rounds of fruitless interrogatories and move this almost six-year-old case closer to its conclusion, Judicial Watch will be permitted to clarify and further explore Secretary Clinton’s answers in person and immediately after she gives them. The Court agrees with Judicial Watch – it is time to hear directly from Secretary Clinton.”

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HPSCI Ranking Member Devin Nunes appears on Fox News to discuss his upcoming lawsuit against the Washington Post, the nomination of John Ratcliffe as DNI, and the opportunity for a peaceful resolution provided to the Taliban.

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House Intelligence Committee ranking member Devin Nunes appears on Fox News to discuss his outlook on the nomination of John Ratcliffe as Director of National Intelligence.
Additionally, Nunes discusses how the Democrats are attempting to weaponize the Coronavirus scare and information about a new Ukrainian investigation into Joe and Hunter Biden and their corrupt influence scheme surrounding Burisma.

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Quite a bit to unpack here, and most of it is very good news.  First, this re-nomination was almost predictable when you look at the totality of the landscape:

President Trump needed to generate an official DNI nomination in order to retain the current acting DNI authorities for Richard “Ric” Grenell; so that’s one aspect.
However, beyond the procedural move there’s the larger background of the FISA reauthorization; and, in my opinion, that larger dynamic is the majority consideration.
The FISA reauthorization and the need for President Trump to support any type of reauthorization that eventually gets through the complex political dynamics within congress; and considering Senate Majority Leader Mitch McConnell traveled to the White House to discuss this issue yesterday; the outcome is considerable leverage for Trump.
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In the background of the impeachment effort the House Judiciary Committee (HJC) led by Chairman Jerry Nadler was seeking: (1) Mueller grand jury material; (2) a deposition by former White House counsel Don McGahn; and less importantly (3) Trump financial and tax records.  Each of these cases were then argued in federal court, appellate courts (6e and McGahn) and the supreme court (financials/taxes).
In November 2019 activist Federal District Court Judge Ketanji Brown Jackson ruled Don McGahn must appear before Congress; however, she also ruled McGahn retained the ability to “invoke executive privilege where appropriate” during his appearance.
The White House appealed the ruling to the DC appellate court on constitutional grounds.  Today a three judge panel from the DC circuit agreed with the White House position.

WASHINGTON – President Donald Trump scored a major legal victory on Friday when a federal appeals court panel ruled Democrats have no right to hear testimony from former White House counsel Don McGahn.

The U.S. Court of Appeals for the District of Columbia Circuit’s ruling overturned a lower court decision requiring McGahn’s testimony and told the judge presiding over the case to dismiss it outright. The ruling is a blow to House Democrats’ attempts to break the Trump administration’s intransigent stance that it can block Congress from talking to witnesses. (link)

This ruling also undermines the ridiculous “obstruction” article of impeachment because it shows the White House had a justifiable and constitutional argument to make against the House in the judicial branch.  The issue at stake was  whether the legislative branch can penetrate the constitutional firewall which exists within the separation of powers.
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Completely agree with Judicial Watch President Tom Fitton here. During a discussion of congress trying to pass a clean FISA reauthorization or a reform version, Tom Fitton says the only way to really reform the process is to arrest, prosecute & jail those who abused it.
Fitton’s point is similar to the CTH argument surrounding SSCI leaker James Wolfe.  If the DOJ had prosecuted Wolfe for the criminal leaks of classified intelligence, the landscape of an adversarial intelligence apparatus over the past two years would be completely different.   The same general perspective applies to the FISA abuse issue.

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