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WTFINGF March 7, 2019

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Posted on March 07 2019

 

 

 

WTFINGF - 🌶March 7, 2019🌶

 

Giuliani strikes again:

At this point I can’t determine if Giuliani’s role is merely to slow walk new scandals that implicate Trump, Trump’s Family, Trump’s businesses, the inauguration etc. It seems like Trump trots Giuliani out to take the Americans tempature on what our “bottom” is. Meaning over the past fourteen months a pattern has been established:

 

  • So what Trump cheated on his wife, Melanie (typo intended) who was a home with a new born while he was out having extramarital affairs.

  • No. No. No. There’s zero campaign finance violations

  • Okay maybe a small FEC Violation. BFD, “we funneled the payments through a law firm”

  • ”the crime” is the hack, Trump didn’t do the hacking and he didn’t order the Russians to break in to the DNC

  • don’t you dare come for a “fine woman like Ivanka” but Jared is disposable.

  • Pardons? What pardons?

 

And then right on schedule the Giuliani shit-show train comes back to town, as widely reported by several media outlets, Giuliani is now disclosing:

 

“...lawyers for several people facing scrutiny from the Justice Department in the investigations into the Trump campaign and presidency had contacted him to see whether the president would pardon their clients...”

 

Trump & Czech PM:

One has to wonder if Trump is of the mental capacity to actually be in the Oval. It’s as if the Czech Republic Prime Minister’s wife and the current First Lady know that Trump is mentally incompetent. I don’t know why but this video amuses me.

 

 

Manafort EDVA sentencing:

 

If if a defendant actually accepts responsibility for his/her criminal actions, they can receive a “three level reduction” which means the Judge can reduce his/her imprisonment term by a few years. Manafort by lying and tampering with witnesses coupled with the DDC Judge adjudicating that Manafort had materially breached his plea & cooperating agreement. In simpler terms Manafort did about the worst thing a defendant can do prior to their final Judgment. As I’ve repeatedly stated Judges do factor in a Defendant’s prior acts. 

I would not be suprised if Judge Ellis speaks from the bench on Manafort’s prior acts and I’m going out on a limb and speculate that Judge Ellis might address the pardon or dangling of pardons to Manafort. That kind of overt attempt to obstruct Justice, rightfully so raises the ire of most judges.

 

The import of the incontrovertible FACT that the former Donald J Trump campaign chairman was sentenced today is beyond remarkable. I still do not understand why some Trump supporters can not or will not understand how terrible this is for Trump. 

 

 

The question remains when not if Trump will pardon Manafort, although some might argue that by pardoning Manafort, Trump is obstructing justice. I tend to agree but it also makes sense why Giuliani would go on a massive news blitz specifically talking about pardons. To the best of my knowledge I do not think Manafort ever “officially” ended his JDA (Joint Defense Agreement), conversely other defendants formally withdrew or terminated their JDA with Trump.

Also keep in mind that today’s EDVA sentencing is just Act I of a two part Act, meaning next week Manafort will be sentenced in the DDC matter. My assumption is Judge Jackson will not be swayed by Manafort’s recent filings. It’s also worth pointing out that the DDC Judge is the one who remanded Manafort after he violated the Court’s original gag order and subsequently determined he had engaged in Witness Tampering (while in custody) and more recently adjudicated that Manafort was in material breach of his plea deal in three out of five areas.

“I'm convinced that's a just sentence for that conduct," Ellis said as he delivered the sentence.

“Life is making choices, Mr. Manafort, and living with the choices you make."

"You made choices to engage in criminal conduct," Ellis added.

Manafort 47 months.

 

Are you kidding me? So offensive but,

 

DDC Judge may not be as generous,

 

as the EDVA Judge given the DDC record 

 One thing to keep in mind, because of Judge Ellis’ drastic downward sentencing of 47 months. You do understand that Judge Ellis just made it exponentially harder for Trump to pardon Manafort, right?

see HPSCI Chairman Schiff’s thoughts on Manafort’s Attorney’s Statement 

 

 

Meaning with a near 80% downward spiral from 19 to 24.5 years to 47 months (minus 9 months for time served).

 

The other issue is the DDC matter is the one where:

  • Violated the gag order...
  • prosecutors argued that Manafort gave Klimnik the Trump polling data.
  • tampered with witnesses (attempted to)
  • materially breached the plea/co-op deal

 

 

 

 

Trump, Time Warner Merger & the DOJ:

 

While some may disagree that the DOJ and Trump Administration were within their right to block the VERTICAL merger of AT & T and Time Warner. I’d argue that no the Trump Administration was NOT within their right and frankly Trump abused the power of his office because he has/had a personal grudge against these companies. As evident by Trump’s own pernicious tweets.

True story, below is the very first tweet from Donald Trump’s twitter account g regarding CNN (Who’s parent company is Time Warner).

 

 

See Trump’s twitter archive for the 213 unique tweets January 1, 2016 to present, found here. (Nearly all of the 213 tweets are negative, imagine that🙄)

See Trump’s twitter archive 2010 to present Twitter Archive invoking CNN some 502 times, found here.

 

See Trump’s Twitter archive (5 tweets in all but only 2 relevant) regarding Time Warner and the DOJ anti-Trust division, link found here 

 

Congressional time-line re Time Warner Merger:

May 9, 2018 - Senate Subcommittee on Antitrust, Competition Policy and Consumer Rights Ranking Member Amy Klobuchar and House Subcommittee on Regulatory Reform, Commercial and Antitrust Law Ranking Member David N. Cicilline sent a letter to Assistant Attorney General of the Department of Justice Antitrust Division, Makan Delrahim. The letter followed reports that AT&T made payments to a shell company established by Michael Cohen, President Trump’s personal lawyer. Their letter reads in part:

 

“...In light of these reports, once again, we urge the Department of Justice’s Antitrust Division to oppose any attempt by the White House or any adviser to the President to interfere with antitrust law enforcement actions.

Political influence in antitrust law enforcement is unacceptable.”

May 15, 2018 - House OverSight and Judiciary Committees ranking Members sent (then) Attorney General Sessions a follow up letter, once again the lawmakers voiced their increasing concern that Donald Trump had improperly pushed the DOJ to intervene in the AT & T Time Warner Merger. Pages 2 & 3 are pretty clear, yet once again the Trump Administration blatantly lied, and when Congress attempted to fulfill their Constitutionally Mandated Role of actual Government OverSight, the Trump Administration essentially ignored their request:

March 7, 2019 letters to DOJ & White House:

So this should come as zero surprise  given the recent New Yorker report of Trump, Fox News and how both have a symbiotic relationship thusly creating the Trump/Fox propaganda network. I’d hardly say the Fox “News” is actually a news network. And frankly Fox News should just rebrand themselves as:

 

TRUMP NEWS DISINFORMATION NETWORK 

 

Given that’s exactly what Fox News is and substantiated by their daily segments. In today’s letter to the Department of Justice, the lawmakers wrote:

“...White House interference in antitrust enforcement is unacceptable.  Antitrust enforcement must be guided by the rule of law, not wielded as a political weapon to reward friends and punish enemies. Any effort to use the antitrust laws to censor, undermine, or retaliate against the press is a threat to the First Amendment and a vibrant democracy.”

 The lawmakers go on to say the following, hence why I opted to focuse on Giuliani at the start of this entry. He is like playing whack-a-mole, every time you think he won’t appear, sure enough he does. Frankly I can not wait for Giuliani to be commanded to appear before the various House Committees for a good old fashion verbal shellacking. It’s long over due.

This is not the first report suggesting that the President has attempted to direct the administration of the antitrust laws. As we noted to then-Attorney General Sessions,  Rudy Giuliani—President Trump’s attorney—has suggested that the President instructed DOJ officials to block the AT&T-Time Warner merger, stating that President Trump “denied the merger.”  Although Mr. Giuliani went on to retract this statement, he maintained that the President “had every right and power” to interfere with the proposed transaction. 

 

Moving on to page 3 of today’s letter, lawmakers reassert their previous request for document production. Page 3 re-read that sentence. My assumption is lawmakers are putting forth a serious and substantial predicate that Trump has once again engaging in “abuse of power”. Also the footnote is a B for Bingo, the lawmakers casually drop the “we assume you will not assert the deliberative process privilege for relevant documents and communications...”

 

Even the appearance of White House interference in antitrust law enforcement matters undermines public trust in the Department of Justice’s integrity and tarnishes meritorious enforcement by the Antitrust Division. The fact of actual interference would constitute a serious abuse of power (emphasis added)

 

Link to House Democrats letter to the DOJ, found here. Link to lawmakers letter to White House Counsel Pat Cipollone found here, which is largely reiterative of the DOJ letter but still it’s scathing.

 

Wilbur Ross - harshest bench slap yet re Census:

As previously discussed here, see October 2018 archived Twitter Thread, found here here here And then earlier today the Judge issued a 126 page was uploaded to the docket. It is brutal and a harsh admonishment of Secretary Ross’ unlawfulness and complicity.

 

FINDINGS OF FACT AND CONCLUSIONS OF LAW 

 

Regarding Case No. 18-cv-01865-RS and 18-cv-02279-RS, respectively. See original March 2018 CA AG complaint here. In October of 2018 AG Becerra then filed a brief in the U.S. Supreme Court supporting the request to depose U.S. Department of Commerce Secretary Wilbur Ross and U.S. Department of Justice acting Assistant Attorney General John Gore. See brief found here.

 In today’s ruling, the judge used sharp and terse language:

 

What ensued was a cynical search to find some reason, any reason, or an agency request to justify that preordained result. (emphasis added) 

 

 

The Judge then goes on to address the applicantion under the APA and thusly stated and there’s zero sugar coating of 

 

conclude that the decision to include the citizenship question was arbitrary and capricious, represented an abuse of discretion, and was otherwise not in accordance with law...Ross personally interceded Witt then Attorney General Jeff Sessions did the DOJ switch its position and request the inclusion of a citizenship question, ostensibly to assist in the enforcement of Section 2 of Voting Rights Act...

Despite unrefuted evidence produced by the professional staff of the Census Bureau that inclusion of a citizenship question would likely result in significant differential decline in self-response rates within noncitizen and Latino communities and that the requested data...

 

 

 Even after the Government aggressively fought that only the Administrative record should be reviewed this Judge (rightfully so) concluded that Secretary Ross, the White House and the Department of Justice:

Census Bureau staff offered to meet with DOJ staff to ascertain if other available data could be used to meet their VRA enforcement needs, DOJ took the unprecedented step of refusing to allow even such an inter-agency meeting to take place.

Ross’s reliance on VRA enforcement to justify inclusion of the citizenship question was mere pretext and the definition of an arbitrary and capricious governmental act.

Bureau to obtain more “complete and accurate data” in response to the DOJ’s request is not only unsupported, it is directly contradicted by the scientific analysis contained in the Administrative Record.

 

This is probably the single most damning sentence in the 126 page filing...this Judge eviscerated Ross and the DOJ...but mainly Secretary Ross:

 

Quite simply, Secretary Ross ignored these statutory requirements in issuing his March 26, 2018 decision.

 

The Judge goes on to particularizes the concerted efforts by Secretary Ross and (then) Attorney General Sessioms, as it relates to the DOJ letter, the directive that the DOJ Staff is prohibited from meeting with Census Bureau employees and effectively ignore scientific data and do not ask any questions as it relates to the response rate..

 

Illegal. Breaking the law. Contrary to OUR Constitution, that is pretty much Trump’s shit-hole presidency wrapped up in this 126 page Court Record. This is about as bad as it gets. Remind me again why Secretary Ross hasn’t been indicted?

 

On every aspect this Judge carefully and thoughtfully excoriated Secretary Ross, the DOJ and the Trump Administration...yet it so weird that this Judicial update has barely been reported by the Cable News Media. When it should be one of the top segments.

Because of the dozens of cases I’m tracking this is a profound and obvious recitation of how the Trump Administration repeatedly broke the law and ignored the VRA, the enumeration and just vulgar in every possible way. If you ever wonder why I am so vociferous in my critiques of this shithole administration then read this page...

 Game. Set. Match. Trumpy-bear.

You. Lost. Just like I said you would...

😂👇🏻BENCH SLAP you female dog...EAT IT. 👇🏻😂

 

 

 Your open source link to the filing, here. At any rate, yes the Manafort EDVA sentence is disappointing but in my gut I know that Judge Jackson will be far less generous. -SpicyFiles Out

 

 

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6 comments

  • Marie G: March 08, 2019

    Thank you and happy Friday, Spicy! Keep shining the light on these treason weasels. Oh, and are you seeing the Cindy Yang news on twitter? It’s times like this when I really miss your presence on that platform. Cheers!

  • Simon: March 08, 2019

    I’ve read you on twitter since the very first Mic!! You are an awesome, unique part of the anti-corruption-anti-trumpfuckery team (of course Claude is too). Interesting that the haters are so scared of your receipts and court documents – they really don’t want air to be given to hard facts!

    I really respect the time, energy and brain power you put into your posts.

    Keep on it, the daylight is breaking finally, spicy. And, the mic will be heard!

    X

  • PilatesQueen (Tammi): March 08, 2019

    I was reserving judgement on the perceived lenient judgement for Paulie. Thanks for your analysis.

  • Nancy: March 07, 2019

    You definitely are missed during the day. It is difficult to keep the faith on a daily basis that we are moving towards taking back control of America and its stature in the world by ridding the country of malfeasance. It was a hell of a lot easier when you helped to instill fighting spirit ongoing. I think the Manafort sentencing was absurd given the degrees of fraud committed and when you compare the huge dollar amounts that he reaped and still has hold of portions of those. In comparison to petty crimes others commit, his sentencing was light. I hear you on Berman, but not going to expect much from that after this. These financially backed crooks seem to skate repetitively, while the regular folks choke on higher tax burdens and increased cost of living.

  • John Houser: March 07, 2019

    Thanks to you for your hard work bringing this important information to us in a readable and understandable format.

  • SKlein: March 07, 2019

    Thank you Spicy. Sometimes I miss the immediacy of clicking on twitter to find your insights, but I enjoy reading you here. It’s calmer and I can think about what I’m reading without worrying about twitter nonsense. Much appreciation!

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