QUESTION: Marty, Your experience in law is well known. What is your opinion of Trump’s new indictment?

Paul

ANSWER: Never in the entire history of the United States have we EVER witnessed such political corruption using the Department of Justice. They had tapes of Richard Nixon that would have convicted him but they did not prosecute him for fear that it was not in the best judgment for the nation. Nixon had won by the highest vote and the fact that the people caught in the break-in were actually CIA people. Nixon had a meeting with the head of the CIA and bluntly just said he knew who killed JFK.

Here we have the most desperate case against Trump which is obviously political. Here you have the president of the United States engaging in political speech and even if it is an outright lie as so many presidents have done, it cannot be a crime. As the president, he even had a fiduciary duty to question the validity of the election, as did Hillary, when he was being told by people under oath from around the country that there were problems with the election. The Biden Administration now has the burden to tear down the First Amendment for the government must now prove in this case, beyond a reasonable doubt, that the president’s speech is not protected by the first amendment. That will apply to Biden and every president until the country collapses. I would be shocked if that would be upheld by the Supreme Court even if they get the DC judge who is notoriously biased to rule that Trump had no First Amendment rights.

There was even a lawsuit filed against Congress that they refused to investigate the 2020 election when that was their fiduciary duty to do so. I would be subpoenaing all the documents behind that decision. I would bet this judge will protect all the Democrats and we may see the denial of subpoena powers with motion to the Supreme Court. I do not expect Trump to get a fair trial in Washington, DC. This will only tarnish the United States even more internationally. Foreign governments will being to think twice about hold the US government’s sovereign debt. They should switch to AAA corporate – ASAP!

Trump also had a responsibility as a United States president to raise those issues. The Biden Administration now argued that Trump’s advocacy was criminal behavior when Hillary made false claims about Putin creating RussiaGate costing taxpayers tens of millions of dollars that proved they were false allegations DELIBERATELY made up by the Democrats and they were fined for doing so. You cannot square the treatment of Hillary v Trump and pretend this is the rule of law.

The respect and trustworthiness of the United States is collapsing globally. The United States used to be the beacon of LIBERTY in the world. Those days are gone. I have been warning that the 2024 election would be the MOST corrupt in American history and that forecast made 10 years ago just shows how accurate Socrates has been long-term.

SOURCE

As noted in Politico describing President Trump’s court appearance yesterday, “Minutes before Trump entered the pin-drop silent room, several federal judges — who have been processing the carnage of Jan. 6, 2021 for more than two years — filed into the public gallery, turning themselves into spectators in a building they typically rule. Chief Judge James Boasberg, who presided over several of the secret grand jury battles that preceded the charges against Trump, was among those marking the moment.”

[…] “Boasberg’s presence in the courtroom was a statement in itself. Alongside him was Judge Amy Berman Jackson, who has in her own courtroom excoriated Republicans who have refused to contradict Trump’s continued lies about the 2020 election. The pair, flanked by other judges and magistrate judges, watched Trump’s every move intently.”

In March, when I wrote the outline about Judge Boasberg being the corrupt DC judge who broke the constitutional restrictions on executive privilege, which technically forced Mike Pence to turn over his notes and testify to James Smith and the DC grand jury, I said at the time, “The entire judicial system is corrupt, soup to nuts, all of it.”  I was not using hyperbole.

For Judge Boasberg (who is on vacation) to show up in court and sit in the back row of the courtroom is a stunning visible display of judicial ideology and targeting.

In reality, Boasberg is bearing witness to the outcome he created by forcing a Vice President to give testimony against the Chief Executive, thereby establishing the basis for the fraudulent allegations Special Counsel Jack Smith was utilizing to target that same executive, President Donald Trump.

This is the same Judge Boasberg who sat as presiding judge on the FISA court.  The same Judge Boasberg who gave FBI lawyer Kevin Clinesmith a slap on the wrist for manufacturing evidence used in the Carter Page FISA application that defrauded the court.  The same Judge Boasberg who appointed former DOJ-NSD head Mary McCord as amicus curiae advisor to the court, after she knowingly and fraudulently submitted the FISA application to the court.

Two and a half years ago, while Judge Boasberg was on the FISA Court, I warned about the implications of all these interconnected judicial dots.  The entire DC federal bench is compromised.  The entire judiciary of the FISA Court process is compromised.  The entire federal judicial system is compromised.  Now we are stunningly seeing the scale and scope of that DC judicial corruption in the fraudulent case against President Donald Trump.

Former FISA Court Presiding Judge James Boasberg is no longer on the FISC.  However, he continues to advance the interests of the DC Deep State with rulings specifically tailored to protect the national security state.  [Boasberg Background Here]

Boasberg, an ally of SSCI Chairman Mark Warner, has intercepted several cases that brought sunlight upon the corrupt DC system.  In each case Boasberg ruled in favor of maintaining the corruption, including his willfully blind support of the FBI searching NSA databases to conduct illegal surveillance of Americans, and including Boasberg’s personal appointment of Mary McCord to run defense on behalf of the corrupt DOJ main office.  Keep in mind, Mary McCord’s husband works for Supreme Court justice John Roberts.

Then Presiding Judge James Boasberg, was the decision-maker in the appointment of Amici Curiae to the FISA court. There is no way, NO WAY, Judge Boasberg did not know Mary McCord was at the epicenter of the fraudulent FISA application used against Carter Page. Remember, in addition to being the FISC Presiding Judge, Boasberg was also the trial judge in the case against Kevin Clinesmith, the FBI lawyer who lied about Page working for the CIA on the FISA application. {Go Deep}

Boasberg knows Mary McCord took over from former DOJ-NSD head John Carlin (October 2016); and it was McCord who guided the Carter Page FISA application through the court and across the finish line (October 2016 and January 2017). That FISA application was built upon fraud and Mary McCord was at the center of it.

Mary McCord was also the DOJ-NSD official who went with Sally Yates to confront the White House Counsel, Don McGhan, about the Michael Flynn interview with the FBI. {Go Deep} It was also Mary McCord who had Michael Atkinson as the chief-legal-counsel for the DOJ-NSD -that’s her office attorney- when the FISA application was submitted in October 2016, and renewed in January 2017.

Michael Atkinson went from DOJ-NSD counsel to become the Intelligence Community Inspector General (ICIG). {Go Deep} In that new role, Atkinson changed the rules to allow an anonymous CIA whistleblower (Ciaramella on behalf of Vindman) to file the complaint that led to the Ukraine impeachment effort. {Go Deep} Who was the lead lawyer in the Jerry Nadler led House Judiciary Committee? Why Mary McCord of course. Judge Boasberg knows all of this… AND MORE.

[LINK to Source]

Boasberg knows the details of the fraudulent FISA application. Boasberg knows the details of the Inspector General Michael Horowitz report about the fraudulent FISA application and all the DOJ and FBI participants… which included Mary McCord. Boasberg knows exactly who Mary McCord is, and what activity she has taken on behalf of the political resistance inside the DOJ and inside congress. FISC Presiding Judge James Boasberg also knows Mary McCord has broken the law….

…And yet Boasberg appoints McCord as amici curiae?

Let’s be really clear here. The FISA court is a small unit. The judges in/around Washington DC are also a small unit. They know everything that is going on in and around their DC network. A FISA judge inside that DC system knows every granular detail of everything that comes into their purview. All of it. Judge Boasberg even wrote the last two FISA court opinions (2019 and 2020) about the FBI abuses of the FISA-702 process and warrantless, illegal violations of the NSA database.

There is simply no other way to look at the placement of Mary McCord other than to see what it was.

The FISA court is compromised – AND, McCord is being installed in order to coordinate any defensive measures that are needed to cover up that compromise.

There isn’t another way to look at this other than to see bad motives. There’s not a shred of possibility that Judge Boasberg does not know exactly who Mary McCord is, and what roles she played in the surveillance of candidate Donald Trump, President-elect Trump, President Trump and the House impeachment effort to remove President Donald Trump. Boasberg knows exactly who Mary McCord is.

Boasberg knows what the DOJ and FBI were doing in their targeting of candidate Trump and President Trump.   Perhaps more than any other DC judge, Boasberg has been at the center of it.  Yet Boasberg will force Vice President Pence to turn over executive privilege documents, give testimony against the interests of the President, and then sit in the back of the courtroom to watch the outcomes of all these years of tentacles…..

There has always been no other way to look at this.

I hate to say it so bluntly, but the federal court system in Washington DC is compromised and yes, weaponized….

… That’s the true “conspiracy against rights”.

[Support CTH Here]

Link: https://theconservativetreehouse.com/blog/2023/08/04/seriously-sketchy-judge-boasberg-sits-in-back-of-dc-district-court-during-president-trump-appearance/

QUESTION: What is your legal opinion of former AG Barr and this judge in Florida? Barr seems to trash Trump with every breath he takes, and the media seems to emphasize that Trump appointed this judge, so she is biased over the whole grand jury issue. It would be great to hear your perspective.

Thanks

FG

ANSWER: Former AG Barr, I believe, is one of the Swamp creatures. I would not trust a single word he ever says he is protecting the Swamp. As for a legal mind, he is avoiding the very intent behind the Constitution. As for this “Donald Trump-appointed judge” overseeing the criminal case into his handling of classified documents in Florida questioning special counsel Jack Smith, she is correct. If Smith tries to appeal anything with that regard, I would take this matter, shove it down his throat, and go to the Supreme Court ASAP.

The entire Sixth Amendment was constructed on this very type of abuse of power by the former king. He would indict you in England and then arrest you in America, transport you to his selected jury who was anti-America. You were always found guilty for political purposes. I would add that at the time of the American Revolution, there were about 240 felonies, and they all carried the death penalty. It is critical to look at both the 5th and 6th Amendments, and you will get a sense that what Smith is doing is circumventing the Constitution by indicting Trump in Washington using a pro-government jury. Still, he has to prosecute him in Florida under the 6th Amendment.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

You cannot be prosecuted in California for a crime in Florida or out of state. That is the Venue clause to be tried where the crime was committed, NOT the most favorable place to win a conviction. What Smith is doing is UNCONSTITUTIONAL, and it is treason. He is doing what the king used to do only because the Sixth Amendment does not expressly state that the grand jury must also be where the crime is committed. Up to now, I have never heard of getting indicted in one state and prosecuted in another. The reason also implies that, in many instances, state law also applies. The Erie Doctrine is a binding principle where federal courts exercising diversity jurisdiction apply federal procedural law of the Federal Rules of Civil Procedure but must also apply state substantive law.

To explain this principle, the Erie Doctrine stems from the landmark U.S. Supreme Court case, Erie Railroad Co. v. Tompkins 304 US 64 (1938). Then you have the Rules Decision Act of 1789 (28 U.S.C. § 1652), which established the very foundation for how federal courts were to function under such a diverse jurisdiction providing that the “laws of the several states” apply in federal court. I fail to see how you can indict someone in one state under the governing state laws and then prosecute someone in another. That would be like taking a California law saying it is child abuse not to inform your child they may change their gender and then prosecute them in Texas, where the law is precisely different using a California indictment. This is a clever scheme Smith has pulled off, and anyone who sees no problem with this is politically biased.

Amendment V

No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Now let us turn to the Fifth Amendment requiring a grand jury indictment. It does not state one district v another because the Constitution under Article III only created the Supreme Court – NOT the distinct Courts. They are all the creation of Congress by statute, and Congress has no power to shut down the Supreme Court or really to even regulate it. Therefore, the Grand Jury Clause did not consider multiple districts, for there were none at that time. The indictment was to be where the crime was to be charged. Any other interpretation would be a constructive amendment of the Constitution which cannot be done by any prosecutor and not even Congress without the complete Amendment Process of the states.

Procedural & Substantive Due Process of Law

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

That said, Due Process requires that the procedures by which laws are applied must be evenhanded. No individual is to be subjected to the arbitrary exercise of government power, which Smith has clearly done. There is no precedent for his actions. A fundamental threshold issue in Due Process is whether the government conduct being examined as criminal determines whether the procedure is offensive to the concept of fundamental fairness. Smith has abused his power, and if I were on the Supreme Court, I would have to vote for dismissing the indictment with prejudice — meaning that terminates the case because of his abuse of power.

In U.S. v. Carolene Products, 304 U.S. 144 (1938), the Supreme Court indicated that substantive due process would apply to: “rights enumerated in and derived from the first Eight Amendments to the Constitution, the right to participate in the political process, such as the rights of voting, association, and free speech, and the rights of ‘discrete and insular minorities.’”  Following Carolene Products, the U.S. Supreme Court has determined that fundamental rights protected by substantive due process are those deeply rooted in U.S. history and tradition, viewed in light of evolving social norms.

If I were Trump’s lawyers, I would file a motion to dismiss based on a Substantive Due Process of Law violation.

Categories: Rule of Law
Tags: AG Barr, Due Process, Erie Doctrine, Fifth Amendment, Jack Smith, Sixth Amendment, Trump, Trump inditement

Link: https://www.armstrongeconomics.com/international-news/rule-of-law/the-trump-indictment-violates-the-constitution/

QUESTION: In “The Trump Florida Indictment Violates the Constitution,” you recommend that Trump’s lawyers should file motions to dismiss based on substantive due process violations. I am a lawyer and believe you’re correct. Any speculation as to why they don’t?

FS

ANSWER: Not sure if they are representing him. This has never been done before. It is certainly a ripe question of first impression for the Supreme Court. I would be jumping all over this.

My concern is that there has to be a reason they are NOT really defending him. They may have been intimidated by the government. They imply the IRS might personally audit them if they do not cooperate. I am stating this OPENLY for someone had better really defend Trump, for this is more than him; this is the entire rule of law on trial here. As you know, once they create a precedent, they will cite Trump’s case and start indicting people in one district after venue shopping and then put them on trial only to comply with the 6th Amendment where the alleged crime actually took place.

They already rig the selection process for judges more often than not. Here is my docket sheet. Judge McKenna granted my motion to compel the government to explain the case against me because they constantly changed the theory. The prosecutors went to the Chief Judge and had my case removed from Judge McKenna. They selected the hanging judge and former prosecutor John F. Keenan, who, on the first day, overruled Judge McKenna and denied my motion after McKenna had granted it. The Chief Judge then sealed my docket so I could never see how they rigged my case. I have witnessed every dirty trick in the book that these people pull. There is NO such thing as innocent until proven guilty – that is propaganda to cover up their corruption.

The court-appointed lawyer David Cooper never said a word. This was an outright denial of my Due Process right, and he REFUSED ever to file an appeal. The Supreme Court has subsequently held that a lawyer who refused to file an appeal is ineffective assistance of counsel. I believe the government threatened him or bribed him, and they may be doing the same to Trump’s lawyers. Of course, they will never admit that.

COMMENT: Marty,
I hear Trump is to be arraigned, this time the first with a mugshot that will certainly go viral worldwide, on Aug. 25th. This is immediately after the BRICS summit on Aug, 22-24 with discussions of a new non-dollar trading currency. I can’t believe these lunatics are going to prove to the world America is now a banana republic at such a critical juncture of time. They just can’t help themselves can they? Your De-Dollarization report released this month couldn’t have been timed better.

Regards, Rob

REPLY: Our computer had this week for a Directional Change and next week as a target for a turning point. Then we have a Panic Cycle the week of September 25th. Our February Monthly AI Timing Array, published on the private blog, showed that August was a key turning point. There was a Direction Change in April and a May low. June suddenly rallied and closed above the May high. August has been a key target, and the volatility will rise afterward.

We have a severe Constitutional Crisis. All of these prosecutions against Trump are to interfere with the 2024 election, which violates everyone’s constitutional rights. But worse still, they have all coordinated their attacks and conspired together. This is destroying our legal system. This will now be unrestrained about the legal system, for Republican prosecutors are now free to indict Hillary, Pelosi, and down the line. State prosecutors can now indict all the Democrats, and the DOJ, firmly in control of the Neocons, cannot order a state prosecutor to stand down. All of these indictments against Trump when he is the lead candidate for the 2024 election signals to the entire world that this is the end of the United States experiment in Liberty & Justice for All. It is simply all over. The abuse of the law will now become a free-for-all. Mark Meadows has already moved to transfer the case from the crazy prosecutor to a federal court.

The intent expressly stated in the Constitution recognized that there could be a situation where they would charge a Senator or Congressman and prevent them from voting in order to pass an unpopular bill. Even the founding fathers never anticipated that they would use the law to prevent someone from running for office. This violated everybody in this country’s fundamental substantive due process of law.

U.S. Constitution Article I. Legislative Branch Section VI Clause I

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

There is such a thing as the Supervisory Power of the Supreme Court. Because Trump is now charged in three separate states, plus the notorious District of Columbia, this calls for a petition directly to the Supreme Court under their Supervisory Power because each court pretends that Trump is not the leading candidate. Here we have this ethically corrupt judge in DC who refuses to even acknowledge that Trump was the president calling him Mr. Trump in court. This demonstrates her bias.

Before Justice Barrett joined the Supreme Court, we commented on the Supervisory power of the Supreme Court.

The Supervisory Power of the Supreme Court

The Supreme Court’s relationship to inferior federal courts is not a matter on which the Court typically reflects in any depth. Nevertheless,
the Court in Dickerson recently expressed great confidence in at least one aspect of that relationship: its authority over inferior federal court
procedure, even outside the confines of the statutorily authorized federal rulemaking process. As Dickerson suggests, the idea that the Supreme
Court possesses supervisory authority over inferior court procedure is well
entrenched in its cases.

Dickerson v. United States 530 U.S. 428, 437 (2000)

Each of these courts is out to interfere with the 2024 election. The prosecutors have coordinated these indictments, and as such, they have CONSPIRED against all the civil rights of every person in the United States. I am NOT writing this as a Trump supporter. If the Republicans did this to a Democratic candidate, the law would be the same. I fear that this has now become the NORM, and as such, NO ethical person will ever dare try to run for office if his family is assaulted, and he would be criminally charged for nonsense because a powerful group does not like his policies. EVERY Democrat in Congress should now demand that Biden pardon Trump, for if they do not, the United States will be torn apart, the Republicans will retaliate against Democrats, and the rule of law will collapse.

On June 25, 2020, BEFORE the election, we posted that the election would be manipulated and that Trump should have won. Still, our computer was warning he would probably lose since our geopolitical models showed it could not be Trump starting wars. I warned that historians recorded that the election of 53 BC in Rome was so corrupt that all the bribing got so out of hand that interest rates virtually doubled to pay all the bribes. Given that interest rates before the election of 53 BC had stood at 4% and in post-election years 8%. That corruption undermined the economy, and interest rates rose further during the peak of speculation before the crash stood at 12%.

It was a Debt Crisis that forced Julius Caesar to cross the Rubicon in 49 BC – not a thirst for power. The people cheered Caesar, and it was the senators who fled Rome and ran to Asia, for the people would not support them. The negative image of Caesar was fake news spun by Cicero, who was only of the corrupt oligarchs. I wrote for the conclusion of that June 25th, 2020 post:

“So buckle up. The election of 2020 is going to be the most corrupt, manipulated, and outright fraudulent election in American history. There is a lot at stake. This is a major effort by Marxists to take control. The election of 53 BC was the precursor to civil unrest which began just 3.14 years later when Julius Caesar (100-44BC) crossed the Rubicon on January 10-11, 49 BC. Interestingly enough, it will be four years to the peak of this Economic Confidence Model – 2024.”

We will not even make it to the November 2024 elections. This corruption will lead to a turn in the entire world economy post-May 7/8th, 2024. The 2020 election took place on November 3rd, 2020 (2020.841). Our Rubicon today may very well be 2023.981 – December 24th. Perhaps this will be our political Christmas gift to the world so they see America as not much different than a banana republic. Maybe that is why Biden is flooding the country with illegal aliens with their hand out for welfare.

In 1985, we took the back cover of the Economist for three weeks in July. We announced the peak in the dollar and the end of deflation. Our AI computer, which has the longest track record of anything in the world, was correct then, and we forecasted the Age of the Takeover Boom.

We published these charts back then, demonstrating that the US share market was grossly undervalued. The low in the book value from the Great Depression occurred in 1977. That is what happens in a Public Wave – private assets become cheap. You could buy a company, sell its assets, and triple your money. We had forecast that the Dow would rise from 1,000 to 6,000, and many thought we were nuts back then.

Yes, we attracted the takeover players who used our model to make a lot of money. Alan Bond used it to create Bond University in Australia.

The point here is straightforward. I have warned that our computer has been so negative on the 2024 election even Zero Hedge reported that I was warning, “We may not even have an election in 2024…”

Our computer projected that Trump would win the 2016 election against all the biased polls. Three out of four of our models’ projected that Trump would win, and one was a tie.

Our computer was the ONLY forecast that Nigel Farage would win with BREXIT. Nigel came and spoke at our Rome WEC in 2019 and said just that – we were the only ones to forecast his victory. He had to come because we were the “alternative to Davos.”

When we look at the computer forecast for the popular vote for 2020 compared to 2024, we have warned that the 2020 election would be very close. Our six model group was split 50/50 for the 2020 election. Now turning to the 2024 election, we have four models projecting a Republican win, but look at two of the projections – 61% and 59%. This is absolutely incredible. The only such victory that reached 61% was that of 1920 and FDR in 1936, which is eerily similar.

To Judicial Watch – if you are really interested in defending the Constitution, I urge you to petition the Supreme Court under its Supervisory Power to intervene since we have four proceedings intending to prevent Trump from being elected. The Neocons KNOW they are in trouble, and if Trump won, he now knows the same, and he would drain the Swamp this time. That is why they cannot let him in the White House, and I fear if they cannot block him with prison, they will assassinate him.

The Neocons MUST stop Trump at all costs, for they intend to create World War III.

  There will NEVER be a Fair Election Ever Again!