Several days ago we anticipated a potentially important point we hoped would start the impeachment defense for President Donald Trump.   Today, attorney Patrick Philbin delivered.  The issue is a critical constitutional component that needed emphasis, and it is good to see pundits finally starting to realize the significance.
White House Counsel Patrick Philbin explains why House subpoenas were illegitimate: the subpoena power was never authorized; the initiating subpoena power was never voted on.

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Additionally, and specifically by design, absent a penalty for non-compliance, which factually makes a subpoena a ‘subpoena’, the Executive Branch had no constitutional pathway or process to engage an appellate review by federal courts. Make no mistake, this was a pre-planned purposeful trick within the Pelosi, Schiff and Lawfare road-map.
The House motive here, the forethought within their design, is very important now because it explains why they are vociferously demanding witnesses in the Senate.  The House plan was to work around the ability of the executive branch to go to court. The managers are now attempting to execute that plan, along with a manufactured political talking point, in the Senate trial.
The House intended for this to unfold exactly as it is happening.
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There will be 24 hours of presentation by House Impeachment Managers (over 3 days); 24 hours of presentation by Defense team (over 3 days); 16 hours of Senate questioning; 4 hours of closing arguments, equally divided; and then a Senate debate/vote on further motions to include witnesses. If there are going to be witnesses, they will first be deposed prior to testimony. No witness testimony will be permitted without first being deposed.
The Senate Trial continues today on day five at 10:00am ET. Today is the first day of the Trump defense and will only be three hours long by request/agreement with the Senate.
RSBN Livestream –  Fox10 Livestream – Fox News Livestream – Fox Business Livestream

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A quiet (oral) request from the DOJ/FBI is noted in a late Friday release from FISA Court Presiding Judge James Boasberg. [LINK]

The previous deadline was January 28th.  As noted the FISC has granted a one week  extension until February 5th.   [Some Possible Ramifications Outlined Here]
This is a hot mess.  Remember, IG Horowitz said he only found evidence of a FISA warrant against Carter Page, no other Trump campaign or Trump administration official was investigated using a FISA application. That statement is a little more important now.
As I go back through my notes seeing if I can identify the downstream consequences impacted by a rather stunning sequestration effort, I find myself wondering if the HJC case(s) for 6(e) material and Don McGahn testimony might even be part of the pull-back material as a derivative of the special counsel probe’ use of the Carter Page Title-1 surveillance warrant.  After all, there had to be an investigative reason for Mueller to want the renewal on June 29, 2017, long after Carter Page was gone from the Trump orbit.
Remember, the special counsel team used some form of pre-existing warrant authority to capture all of the Trump transition team emails and communication from the GSA, and then lied about it to the Trump White House. Perhaps National Security Letters (NSL’s).
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Did the original scope memo from Rod Rosenstein in May 2017 authorize Team Mueller to investigate allegations in the Steele Dossier?…  Allegations that were already debunked by the FBI four months earlier in mid-January 2017?

There’s more than a little irony in this brief CNN soundbite where Evan Perez is discussing the FBI’s fraudulent FISA applications.  On January 10th, 2017, it was the same Evan Perez along with CNN’s Jim Sciutto, who were operating as conduits from the FBI ‘small group’ to push the Steele Dossier as a valid investigative document. {Go Deep}
Evan Perez, Jim Sciutto, Jake Tapper and Carl Bernstein were working together with the FBI group headed by James Comey, to push the legitimacy of the Steele Dossier.
While the CNN crew was coordinating with the FBI; literally two days before the FBI renewed the FISA warrant on January 12th; and shortly after CNN pushed the narrative; FBI agents visited the U.K, interviewed Steele’s primary sub-source and determined the dossier was garbage.   It was the Steele Dossier being identified as garbage that made the FISA renewals invalid…. the same Dossier that Evan Perez was promoting in 2017:

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Inspector General Michael Horowitz informs us in his report the FBI determined the dossier was bunk “shortly after” the January 12, 2017, FISA renewal.
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During a Senate trial break President Trump attorney Jay Sekulow gives a short presser to rebut some of the more egregious disinformation from the House prosecutors.
Sekulow smartly connects the lengthy Schiff prosecution point about foreign interference in U.S. elections to Nellie Ohr, the wife of the third ranking DOJ official, Bruce Ohr, working for Fusion-GPS and Hillary Clinton while contracting with British and Ukraine  officials for an investigation into Donald Trump.  ie. actual foreign interference.

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Additionally, on a housekeeping and scheduling note, Sekulow states the Senate has requested an accommodation from the defense to limit opening to 10am-1pm on Saturday.  So the defense segment will begin at 10am tomorrow then break after three hours and resume on Monday January 27th.
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President Trump personal lawyer Rudy Giuliani appears on Fox and Friends to discuss the scale and scope of corruption he has identified within the story of how Joe Biden and Hunter Biden laundered money from Ukraine for their own financial interests.
Giuliani highlights a January 2016 meeting in the White House between Eric Ciaramella (2020 CIA Whistle-blower) while on the National Security Council, and several members from the former Ukraine government, where the Obama administration and Ukraine officials entered into an agreement to frame dirt against Donald Trump and his campaign.

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Rudy Giuliani Website Launch HERE

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Representative Jim Jordan appears on Fox News to discuss the latest day of impeachment trial proclamations, noting: “what Chairman Schiff calls abuse of power is what the founders called separation of power”.  So true.

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Representative Elise Stefanik is a member of President Trump’s defense team.  In this interview the issue of the deficient articles is raised surrounding witnesses.
House witnesses who gave testimony when the articles were framed could be considered appropriate, if needed, when debating those articles in the Senate.  However, witnesses not called by the House; and therefore not used in the assembly of the articles being debated in the Senate; are not valid for consideration.

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It is not the responsibility of the Senate, nor is it constitutionally valid, for the Senate to attempt to rehabilitate improperly constructed articles simply because the House refused to assemble with due diligence.  Any evidence, including witnesses, that falls outside the originating assembly of the two House articles should be considered null and void.
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Lee Zeldin, Mike Johnson, Mark Meadows and Elise Stefanik appear for a quick presser during the impeachment hearings.
Zeldin notes that Adam Schiff has claimed Ukraine interference in the 2016 U.S. election is “conspiracy theory“; then Zeldin cites specific examples of Ukraine activity the media are well aware of.  After calling out the media examples, Mr. Zeldin challenges them to debunk him….. the media are silent. WATCH:

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There will be 24 hours of presentation by House Impeachment Managers (over 3 days); 24 hours of presentation by Defense team (over 3 days); 16 hours of Senate questioning; 4 hours of closing arguments, equally divided; and then a Senate debate/vote on further motions to include witnesses. If there are going to be witnesses, they will first be deposed prior to testimony. No witness testimony will be permitted without first being deposed.
The Senate Trial continues with the second session today at 7:15pm EST. McConnell announced the evening session will last until approximately 10:30pm.
PBS Livestream Link – Fox10 News Livestream Link – Fox Business – CSPAN Link

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