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06-27-2018, 04:26 AM
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#916
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Registered User
Join Date: Nov 2002
Posts: 30,398
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Quote:
Originally Posted by Show Me the Wire
I have no problem with the above. The problem I have is that Mueller's team, in open court, argued they basically have unlimited powers per Rosenstein's memo.
I fail to see how tax evasion a decade ago falls under the Mueller's jurisdiction. The crime falls under the Department of Justice and the proper procedure is Mueller referring the prosecution to the Department of Justice.
As your cite above clearly states: a lawyer appointed to investigate, and potentially prosecute, a particular case of suspected wrongdoing for which a conflict of interest exists for the usual prosecuting authority.
Mueller was not appointed to investigate, a particular case of suspected wrongdoing, tax evasion and the Dept. of Justice does not have a conflict of interest in prosecuting a tax evasion case.
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The original authorization
https://assets.documentcloud.org/doc...sel-Russia.pdf
Commentary...
Quote:
http://www.businessinsider.com/muell...igation-2017-7
General Rod Rosenstein gave him broad authority not only to investigate "any links and/or coordination between the Russian government and individuals associated" with Trump's campaign, but also to examine "any matters that arose or may arise directly from the investigation.
Rosenstein also gave Mueller the power to investigate "any other matters within the scope of 28 C.F.R. § 600.4(a)" — including perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses. "
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I have already discussed whether or not it is constitutional.
If Trump and Giuliani want to fight this, they will have to take it to the Supremes
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06-27-2018, 04:40 AM
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#917
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Registered User
Join Date: Nov 2002
Posts: 30,398
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Quote:
Originally Posted by woodtoo
Special Counsel Robert Mueller has no authority to prosecute Paul Manafort.
A motion filed on Friday in the Eastern District of Virginia makes that conclusion clear once again. @ The Federalist
Ill believe a judge over drunken Mark Warner every day.
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Ok, NOW the judge has ruled.
https://www.vox.com/2018/6/26/175074...ellis-virginia
Nothing is going right for Paul Manafort lately
He just lost his last-ditch attempt to dismiss Robert Mueller’s Virginia case against him.
On Tuesday, Judge T.S. Ellis of the Eastern District of Virginia ruled against Manafort’s motion to dismiss his indictment in the state — meaning his trial there will go forward.
Manafort’s lawyers had challenged Robert Mueller’s authority to prosecute him under the special counsel regulation. But Judge Ellis concluded that Mueller’s appointment “was consistent with both the Constitution and relevant federal statutes,” so dismissal of the indictment was “not appropriate here.”
Quote:
https://www.pbs.org/newshour/politic...t-move-forward
Prosecutors had argued that Mueller was within his authority, citing an August 2017 memo from Deputy Attorney General Rod Rosenstein. The memo shows Rosenstein authorized Mueller to investigate Manafort’s Ukrainian work and related financial crimes.
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So it was an initial test of Mueller's authority, and whether or not it was constitutional.
Looks like it was!
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06-27-2018, 05:41 AM
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#918
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Registered User
Join Date: Nov 2002
Posts: 30,398
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Quote:
Originally Posted by woodtoo
Special Counsel Robert Mueller has no authority to prosecute Paul Manafort.
A motion filed on Friday in the Eastern District of Virginia makes that conclusion clear once again. @ The Federalist
Ill believe a judge over drunken Mark Warner every day.
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This is the article referred to by woodtoo BEFORE the ruling yeesterday came down denying Manafort's motion to dismiss.
http://thefederalist.com/2018/06/26/...ing-collusion/
Where I quoted the author Margot Cleveland.
I extracted the bolded part as her contrary argument.
Sorry it appeared to be my words. Did not intend that.
Quote:
Ellis has also not yet ruled on Manafort’s motion to dismiss. Frankly, the argument Manafort presented in his motion to dismiss was flawed: Manafort argued that Mueller acted beyond the authority Acting Attorney General Rod Rosenstein had granted him. But, as "I explained at the time, Rosenstein provided the special counsel with virtually unlimited authority, so Mueller’s indictment of Manafort fell within it".
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06-27-2018, 10:07 AM
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#919
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PA Steward
Join Date: Mar 2001
Location: Del Boca Vista
Posts: 88,864
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Quote:
Originally Posted by hcap
That was from the Federalist article woodtoo directed us to. That I was disputing. Post 903 Sorry, it came across as I said it. The author was giving his opinion.
I have linked to the original Justice Dept authorization a few times
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But I know you're fine with it, because he's on YOUR SIDE out to get TRUMP.
Don't tell me you're not fine with it.
Just like the right would be fine with it if he were out to get Clinton. But then again, the right is nothing but jack-booted Nazis, so they're cool with absolute authority...
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06-27-2018, 10:22 AM
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#920
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Registered User
Join Date: Nov 2002
Posts: 30,398
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Quote:
Originally Posted by PaceAdvantage
But I know you're fine with it, because he's on YOUR SIDE out to get TRUMP.
Don't tell me you're not fine with it.
Just like the right would be fine with it if he were out to get Clinton. But then again, the right is nothing but jack-booted Nazis, so they're cool with absolute authority...
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If I was fine with "unlimited authority" I'd be kissing Trump's ass just like you and the rest of the cultists on O.T.
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06-27-2018, 11:41 AM
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#921
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PA Steward
Join Date: Mar 2001
Location: Del Boca Vista
Posts: 88,864
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I don't kiss anybody's ass.
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06-27-2018, 11:47 AM
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#922
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Registered User
Join Date: Nov 2002
Posts: 30,398
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Quote:
Originally Posted by PaceAdvantage
I don't kiss anybody's ass.
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I suspect you are too close to the subject to be objective..
(Btw, you are also a great straight man)
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06-27-2018, 05:08 PM
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#923
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Registered User
Join Date: Nov 2002
Posts: 30,398
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Mueller’s Fruit of the Poisonous Tree
https://www.wsj.com/articles/mueller...ree-1529707087
A recent Wall Street Journal op-ed makes crystal clear the hypocritical and ridiculous plan by President Donald Trump's allies to end the investigation of special counsel Robert Mueller. The argument is that his investigation is "fruit of the poisonous tree."
The fruit of the poisonous tree doctrine is "a rule that excludes evidence resulting from an investigator’s unlawful act, such as an unconstitutional search or arrest." The "doctrine doesn't apply" to evidence that would have been discovered without said action.
https://www.alternet.org/news-amp-po...-mueller-would
Conservatives claim text messages between an assistant FBI director and his lover prove bias in the investigation from the start — a poisoned tree
[T]he inspector general found no unlawful investigative acts here; you can’t have tainted fruit if there’s no poisonous tree in the first place. And the authors of the Journal op-ed are arguing not to keep out particular items of evidence but to torpedo an entire investigation, despite nearly two years of intervening events and independent actions by other investigators. That’s not discarding particular pieces of fruit. That’s uprooting the entire orchard.
...While conservatives' argument may excite an underinformed echo chamber, the "notion that a single agent could bend the entire Justice Department investigative leviathan to his will — particularly in such a significant case — is ludicrous."
With the midterms rapidly approaching, Trump's allies are running out of viable options to stymie Mueller's investigation and prevent a damning conclusion that could spark a blue wave.
.................................................
I am reminded of the argument that Trumpeteers make that the entire Justice Dept. and Mueller is corrupt derived from various tin foil hat conspiracy theories the Trump cultists have cultivated abnd exxagerated out of all proportion. Starting with pizzagate, running to all the Nunes crap issued by the House intel right wing loonies.
Last edited by hcap; 06-27-2018 at 05:10 PM.
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06-27-2018, 05:14 PM
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#924
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The Voice of Reason!
Join Date: Mar 2001
Location: Canandaigua, New york
Posts: 113,052
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Enough of all this nonsense - Trump needs to END the investigation TODAY and nominate a new Justice TOMORROW!
The judge that just might sway the court for the next 100 years!
__________________
Who does the Racing Form Detective like in this one?
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06-27-2018, 05:20 PM
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#925
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Registered User
Join Date: Nov 2002
Posts: 30,398
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Quote:
Originally Posted by Tom
Enough of all this nonsense - Trump needs to END the investigation TODAY and nominate a new Justice TOMORROW!
The judge that just might sway the court for the next 100 years!
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Mueller ain't going away, and dems will stall any Justice at least 'till after the midterms.
Therm it's gonna be time to kiss your rightie rear end bye bye.
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06-27-2018, 05:22 PM
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#926
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The Voice of Reason!
Join Date: Mar 2001
Location: Canandaigua, New york
Posts: 113,052
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Quote:
Originally Posted by hcap
Mueller ain't going away, and dems will stall any Justice at least 'till after the midterms.
Therm it's gonna be time to kiss your rightie rear end bye bye.
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If they stall until after the election, Trump just has to make sure NO ONE gets nominated and the the court operates -1.
__________________
Who does the Racing Form Detective like in this one?
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06-27-2018, 05:34 PM
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#927
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Registered User
Join Date: Nov 2002
Posts: 30,398
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Quote:
Originally Posted by Tom
If they stall until after the election, Trump just has to make sure NO ONE gets nominated and the the court operates -1.
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Maybe.
"With four conservatives and four liberals divided along party lines, the justices will have to try harder to reach consensus and will likely decide far more cases, to use Justice Sotomayor’s word, “narrowly.” Those are both beneficial, not negative, side effects of an evenly-divided Supreme Court. The court sets an excellent example for the rest of government and the American people when the justices work hard to reach results both sides can live with (or at least can vote for), especially in our most controversial and important cases."
But Mueller is staying regardless and he's closing in.
Last edited by hcap; 06-27-2018 at 05:42 PM.
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06-27-2018, 05:52 PM
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#928
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Registered User
Join Date: Nov 2002
Posts: 30,398
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Speaking of Mueller and how Manafort is gonna go down...
Paul Manafort had $10 million loan from Russian oligarch: court filing.
https://www.rawstory.com/2018/06/pau...-court-filing/
A search warrant application unsealed on Wednesday revealed closer links than previously known between President Donald Trump’s former campaign manager Paul Manafort and a Russian oligarch with close ties to the Kremlin.
The application to search Manafort’s Virginia apartment was granted, providing key evidence for Special Counsel Robert Mueller’s indictments of Manafort as part of his investigation into Russia’s alleged meddling in the 2016 presidential campaign.
Mueller has been investigating the financial links between Manafort and Deripaska, a metals magnate who is known to be close to Russian President Vladimir Putin. Deripaska was among the Russian oligarchs sanctioned by the United States in April.
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06-27-2018, 06:51 PM
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#929
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Registered User
Join Date: May 2011
Posts: 22,705
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Quote:
Originally Posted by hcap
Mueller ain't going away, and dems will stall any Justice at least 'till after the midterms.
Therm it's gonna be time to kiss your rightie rear end bye bye.
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He is bringing in all the people that also have ties to Clintons... is using coercion and threats to make sure they shut up about the Clintons and all their corruption - gotta shut down the possible exposure of how the FBI let the Clintons free.
we haven't heard much about Russia lately have we?
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06-27-2018, 06:55 PM
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#930
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Registered User
Join Date: Nov 2001
Location: Norfolk VA
Posts: 6,246
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Quote:
[T]he inspector general found no unlawful investigative acts here; you can’t have tainted fruit if there’s no poisonous tree in the first place. And the authors of the Journal op-ed are arguing not to keep out particular items of evidence but to torpedo an entire investigation, despite nearly two years of intervening events and independent actions by other investigators. That’s not discarding particular pieces of fruit. That’s uprooting the entire orchard.
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If the fisa warrants applications show the steel dossier as the major source of evidence used to justify the surveillance of the Trump campaign - everything that follows will be "fruit of the poisonous tree" and will be thrown out.
We need a special counsel to investigate the DOJ / FBI.
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