House Case #3, McGahn Subpoena Ruling Will Be Delivered Monday November 25th…

There are three current court cases that touch upon whether the House “impeachment inquiry” is following a constitutional process.

♦The first case is the House Oversight effort to gain President Trumps’ tax returns as part of their impeachment ‘inquiry’ and oversight.  That case is currently on-hold (10-day stay) in the Supreme Court; outcome pending.
♦The second case is the House Judiciary Committee (HJC) effort to gain the grand jury information from the Mueller investigation.  The decision by DC Judge Beryl Howell was also stayed by a three member DC Appellate court.  Oral arguments were November 12th, the decision is pending. [Depending on outcome, could also go to SCOTUS]
♦The third case is the HJC effort to force the testimony of former White House legal counsel Don McGahn.  Issue: subpoena validity.  The HJC has asked for an expedited ruling. Judge Ketanji Brown Jackson has announced she will deliver her ruling on Monday, November 25th:

WASHINGTON DC – […] “The Judiciary Committee anticipates holding hearings after HPSCI’s public hearings have concluded and would aim to obtain Mr. McGahn’s testimony at that time,” the committee wrote, referring to the impeachment inquiry hearings led by the House Intelligence Committee. “Thus, there is an urgent need for final resolution of the matter now pending before this Court.”

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Inspector General Horowitz Releases IG Report Critical of FBI Confidential Human Resources Program…

Dept of Justice Inspector General Michael Horowitz publishes a report critical of how the FBI evaluates their Confidential Human Sources (CHSs) [Full pdf below].  This is the phase-1 OIG report the “Trust the Plan” crowd said was going to be explosive. It ain’t.


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Report Below
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FBI Releases Internal OPR Report Containing Details of Peter Strzok Investigation…

As an outcome of the ridiculous wrongful termination lawsuit filed by former FBI Agent Peter Strzok, the DOJ provides the internal Office of Professional Responsibility report as part of their responsive filing.
The OPR report is the culmination of a two-month long internal investigation conducted in 2018. The OPR report contains several embarrassing details, including new text messages, about Peter Strzok during his FBI employment. The report is only public because it is part of a filing connected to his public lawsuit.
Play stupid games, win stupid prizes. Here’s the report:
[scribd id=435752237 key=key-XgzGu1GsbpQb1PiB5BEl mode=scroll]
After Strzok was suspended and removed from his position, FBI Agent David Archey assumed the lead role in the Mueller investigation, August 2018.

Key Dates Highlight Pre-planning of Impeachment Agenda – Pelosi, Schiff, and The Hand-off To Nadler…

There is a lot of rapid information about events worth putting into a calendar context to see the democrat mapping.   David Holmes has just been added to Thursday’s public impeachment testimony (Nov 21st); he will join Fiona Hill.  In essence this rapid addition highlights Schiff on a tight schedule, and his portion ends November 21st, this week.

Additionally today, as expected, it is now reported that Pelosi will take up a short-term continuing resolution (CR) tomorrow to fund government; that will push govt funding to December 20th aligning with the mid-December budget vote plans: Impeach, USMCA and budget).  This intentionally designed delay aligns with Pelosi and House counsel Doug Letter requesting a delay in SCOTUS review of arguments for Trump Taxes.  Everything gets punted to after Thanksgiving; then mid-December they will flood the zone.
However, outside of the House control, Lindsey Graham has announced Dec 11th as the date for Horowitz to testify, which makes the likely FISA report on/around Dec. 2nd.
It’s worth putting it all into a calendar to see how the end of the year is shaping up.
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IG Michael Horowitz Will Testify About FISA Report to Senate on December 11th…

Senate Judiciary Committee Chairman Lindsey Graham has announced that Inspector General Michael Horowitz will testify About the 500+ page FISA report on Wednesday December 11th, 2019.

WASHINGTONChairman of the Senate Judiciary Committee Lindsey Graham (R-South Carolina) today announced that Justice Department Inspector General Michael Horowitz will testify before the Committee on Wednesday, December 11, 2019.
The Inspector General will discuss the findings of his investigation into DOJ and FBI’s conduct during the Foreign Intelligence Surveillance Act (FISA) warrant process as it relates to the 2016 presidential election. (link)

Considering the end of the principal review phase on Friday November 22nd; and considering the Thanksgiving holiday of November 28th; this likely puts the publication date for the report on/around Monday December 2nd, with testimony the following week.
It is possible the FISA report release, and the 12/11 Horowitz senate testimony will come at the same time the House of Representatives moves the impeachment inquiry into the House Judiciary Committee.  According to the Pelosi calendar the last day for the House of Representative is Thursday December 12th.
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The Supreme Court Halts Lower Court Ruling for President Trump Tax Returns….

The Supreme Court has halted a lower court ruling that granted the Committee on Oversight and Reform access to President Trump’s tax returns.  However, that’s not necessarily the lede.
The issue at stake is whether the legislative branch can penetrate the constitutional firewall which exists within the separation of powers. The House issued a subpoena in February for eight years of the president’s tax returns, which the Committee then later argued was part of the September House impeachment investigation.

All of the surrounding court rulings are predicated on accepting a constitutional process for an official impeachment investigation is underway.  However, the Supreme Court will hear arguments that will likely challenge that assertion.  To wit, within the buried lede to the background issue we find this paragraph:

On Monday, Douglas Letter, general counsel for the House Committee on Oversight and Reform, had sent a letter to the court, agreeing to a brief 10-day stay while the parties filed their court papers debating the need for an injunction while the case is being considered. (link)

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Peter Navarro: If Pelosi Could Pause the Impeachment, Congress Could Pass the USMCA…

White House trade and manufacturing policy advisor Peter Navarro appears on Fox News to discuss two key economic and trade issues: (1) the current status of U.S-China trade discussions “round one”; and (2) the status of USMCA ratification (Pelosi’s delay).
Nothing in the China trade discussion is solid, until everything in the China trade discussion is settled; this is one of the key aspects to President Trump’s directive to USTR Robert Lighthizer.  No deal is a more favorable outcome than the construct of a trade deal that cannot be enforced.
On the USMCA ratification, again it all falls upon the politics of Pelosi.  The agreement would pass tomorrow if it were put up to a vote; there is no controversy.  Speaker Pelosi is holding back the ratification vote for pure political purposes.


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USMCA ratification is the first domino in long-chain of ‘America First’ economic benefits. As soon as USMCA passes a wave of North American investment will surge. The downstream consequences includes leverage for U.S-China, U.S-Europe, U.S-India and U.S-U.K trade agreements.
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Sunday Talks – John Ratcliffe: "The Inspector General is going to have to find that there were things that were done wrong"…

As a reminder John Ratcliffe is one of only four members of congress who has reviewed all of the classified documents that surrounds the current background for the Inspector General report on FISA abuse.  That said, the quoted comment from Ratcliffe, while it will be overlooked by most, is the first visible sign reconciling a fundamental challenge previously highlighted.
In the 2018 IG report on FBI conduct in the 2016 election, the IG stated there was no evidence of any FBI activity being taken for political intents.  Yes, there was a tremendous amount of politically motivated evidence noted within the report; but the top-line statement by Horowitz was counter to the underlying evidence.
A year ago that led us to ask: how could the IG outline political motives in the FISA investigation, if he previously stated there was no politically motivated action by the FBI?
The statement today by Rep. John Ratcliffe seems to speak to this issue.  The implication within the words is that the evidence is so overwhelming the IG has few options.


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Sunday Talks: Doug Collins -vs- Maria Bartiromo – Interview Brushes Up Against FISA Reauthorization…

Representative Doug Collins appears with Maria Bartiromo and points out a position on FISA reauthorization that is hopefully carried by the majority of Republicans.  Collins states an approach where he, perhaps others, would advance a “short-term” FISA extension pending a full review of the upcoming FISA report from Inspector General Michael Horowitz, prior to any longer term reauthorization.
FISA-702 authority, bulk U.S. person metadata collection, storage and surveillance, is set to terminally expire December 15th.  The last FISC report from Judge Boasberg stated that all violations of FISA law are still ongoing and there have been no substantive corrections by the intelligence community to fix the abuse issues. The Judge Boasberg report was written in September of 2018 but not released (redacted) until last month. {Go Deep}
The Intelligence Community (writ large), the FBI and the DOJ are all seeking a permanent reauthorization.  In my humble opinion this FISA reauthorization is the cornerstone motive for an IG report delay.  There is an alignment of interests.


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We know what the FBI and “contractors” were doing in 2016; and given how invested the intelligence community is within the current stop-trump operations (writ large); and given the political stakes for the intelligence community; well, would there be a reason they would just stop electronic surveillance in January 2017 when President Trump was inaugurated?
Deputy Attorney General Rosenstein authorized Mueller to investigate the Steele Dossier in the second scope memo (August 2017). If my suspicions are accurate, the reason Mueller wanted the dossier included would be to maintain Mueller’s investigation as a counterintelligence operation. [An extension of Crossfire Hurricane] More importantly, as a result, all previous FBI exploits using FISA(702) database searches would be authorized.
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Secretary Wilbur Ross Discusses Status of China Deal, 5G Tech and USMCA Ratification…

Earlier today Commerce Secretary Wilbur Ross appeared for an interview with Maria Bartiromo on the status of phase-one for the U.S-China trade deal, Huawei and ZTE national security concerns, and Speaker Pelosi blocking ratification of the USMCA agreement.
Secretary Ross cautions the Chinese deal is contingent on some very particular and important enforcement details. Additionally Ross discusses the potential national security issues with 5G network and AG Bill Barr having strong concerns about Huawei and ZTE.


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