Lawfare

Lawfare Assassin Judge Juan Merchan is blinking once again, following up his original delay of the Trump sentencing until after the inauguration with a new order that delays the sentencing indefinitely while Trump appeals the conviction.

This appears to many legal experts to be the definition of a punt, with a hope that the bad ruling will be vacated, and all eyes will stop looking at the criminality of the case, criminality committed by the Judge and the Prosecutor.

Judge allows Trump to seek dismissal of hush-money case and delays sentence indefinitely – live | Trump administration– www.theguardian.com
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Donald Trump has been granted permission by a New York judge on Friday to seek dismissal of his hush money criminal case.

The permission follows his presidential victory on November 5 and multiple sentencing delays surrounding the case of which he was found guilty earlier this year.

With New York judge Juan Merchan indefinitely postponing Donald Trump’s criminal hush money case, attorneys on both sides are debating over its future.

Victoria Bekiempis reports for the Guardian:

Trump’s lawyers on Tuesday asked Merchan to throw out the case, contending that dismissal was necessary “in order to facilitate the orderly transition of executive power”.

Todd Blanche, Trump’s lead attorney and choice for deputy US attorney general, and Emil Bove, the president-elect’s pick for principal associate deputy attorney general, complained that Manhattan district attorney Alvin Bragg’s team “appears to not yet be ready to dismiss this politically motivated and fatally flawed case, which is what is mandated by the law and will happen as justice takes its course”…

Prosecutors disagreed that Trump’s case should be dismissed simply because appeals wouldn’t be decided before his inauguration. While they respected the presidency and understood the logistical issues, “no current law establishes that a president’s temporary immunity from prosecution requires dismissal of a post-trial criminal proceeding that was initiated at a time when the defendant was not immune from criminal prosecution, and that is based on unofficial conduct from which the defendant is also not immune.”

The officer that killed Jan 6 Protestor Ashli Babbit has a checkered past that includes numerous weapons violations and other disciplinary infractions. Captain Michael Leroy Byrd’s checkered past came to light after a congressional investigation led by the GOP discovered his history in Capitol Police Department records.

Capitol Police Officer who Shot Ashli Babbitt had Long Disciplinary Record › American Greatness– amgreatness.com
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A congressional investigation found that the Capitol Police officer who carried out the only killing on January 6th, 2021 had a long history of disciplinary actions against him due to negligence and other shortcomings.

According to Just The News, the probe into Captain Michael Leroy Byrd’s record by the House Administration Oversight Subcommittee revealed that, among other things, the disgraced officer failed a shotgun qualification test, failed an FBI background check during an attempted weapon purchase, faced a 33-day suspension for losing his weapon on the job, and had been referred to state prosecutors in Maryland for firing his weapon at a stolen car that was fleeing his neighborhood.

The findings were summarized in a letter sent to Capitol Police Chief Thomas Manger by the committee’s chairman, Congressman Barry Loudermilk (R-Ga.). Congressman Loudermilk expressed his opposition to the decision to promote Byrd, who was a lieutenant at the time of the peaceful protests on January 6th, to the rank of captain following his actions.

“This Subcommittee is dedicated to ensuring USCP has autonomy from political pressures so it can make operational and personnel decisions,” said Loudermilk in the letter. “However, based on the information obtained by the Subcommittee regarding USCP’s handling of Captain Byrd following January 6, 2021, and his significant disciplinary history, I have concerns about USCP’s decision to promote him to the rank of Captain.”

Perhaps the most infamous pre-J6 incident in Byrd’s career since he came to public light was when he left his service weapon, loaded and unattended, in a public bathroom on Capitol Hill in 2019. For this, he was given a 33-day suspension. Shortly after the events of January 6th, Byrd failed a background check while attempting to purchase a shotgun; when he tried to receive a department-issued shotgun instead, he failed the training.

In 2004, Byrd fired his weapon repeatedly at a stolen vehicle as it was being driven out of the neighborhood in which he lived. And in 2015, a complaint was filed against Byrd for “conduct unbecoming an officer” after an off-duty Byrd confronted a fellow officer while the officer in question was working at a high school football game; the officer who filed the complaint said that the language used by Byrd, who is black, had racial overtones against the officer he harassed.

On January 6th, Byrd shot and killed Ashi Babbitt, a 35-year-old Air Force veteran, despite Babbitt being unarmed. Video taken of the shooting shows Byrd aiming his firearm at multiple protesters, who were on the other side of a barricade, before choosing to fire at Babbitt; he did so without issuing any kind of warning, verbal or otherwise, and despite being completely unprovoked. While the mainstream media and Democrats have described Byrd as a hero, Republicans have denounced his hasty decision to use lethal force when none of the other officers resorted to such actions that day, and have demanded a proper investigation into his conduct.

With a clear understanding of the reason for the sudden revival of a bill called the PRESS Act, President Donald Trump posted “REPUBLICANS MUST KILL THIS BILL!”  The bill would “protect” the press from being spied on by the Federal government.  Critics believe the bill goes too far in protecting the press to the point of allowing it to commit unaccountable crimes.

Some of those actions include colluding with America’s enemies, political parties, or engaging in intentional slander to incite violence and economically destroy political opposition, as many already suspect the MSM is guilty of doing. Tom Cotton summed it up when he posted “The PRESS Act would shield journalists and leakers from consequences – even when their actions endanger American lives and security.”

Trump Urges Congressional Republicans To Block Bill Protecting Journalists From Government Spying– dailycaller.com
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President-elect Donald Trump directed congressional Republicans on Wednesday to block a bipartisan bill aimed at shielding journalists from government surveillance.

In a post on Truth Social, Trump shared a PBS News segment outlining the bipartisan bill’s intent and its current status in Congress. “REPUBLICANS MUST KILL THIS BILL!” Trump wrote.

The Protect Reporters from Exploitative State Spying (PRESS) Act, which passed the House earlier in 2024 with bipartisan backing, seeks to establish the first federal press shield law in the United States. Democratic Maryland Rep. Jamie Raskin and Republican California Rep. Kevin Kiley, who co-sponsored the bill, hailed its passage in January.

“House passage of the PRESS Act in a unanimous vote moves America closer to establishing our first federal press shield law ever. The PRESS Act will greatly strengthen the meaning of the constitutional promise of press freedom,” Raskin said. “This awesome bipartisan vote at a time of party polarization underscores the binding power and universal appeal of freedom of the press as a leading constitutional principle. This is a significant victory for the people and our First Amendment values.”

DC police officer Noah Rathbun’s bodycam footage was released. It reveals Rathburn initiated the unprovoked fight on decorated U.S. Marine Thomas Webster, who was convicted of assaulting the officer. Webster was sentenced to 10 years in prison. The video also shows the officer walking through a crowd of peaceful Jan 6 protestors randomly striking people with his baton.

MUST SEE VIDEO! Decorated Marine, 21 Year NYPD Officer, and J6 Defendant Thomas Webster Is Currently Serving a Decade in Prison! Exculpatory VIDEO Shows Violent DC Metro Cop Punched Webster and Initiated a Fight! Thomas Webster Was Set Up! | The Gateway Pundit– www.thegatewaypundit.com
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A decorated US Marine Veteran, 20 Year NYPD Police Officer, Husband and Father of three turned himself in to authorities in October 2022 to serve the longest sentence that a Judge has handed to a J6 Defendant to date at that time – 10 Years!

Please see the never-before-seen and heartbreaking video below that proves Marine Thomas Webster’s innocence and exculpatory footage of a DC Metro Police Officer provoking him and punching him straight in the face before they wrestle to the ground.

The exculpatory video clips containing in the video above of the officer punching Webster was not handed over to Webster’s attorney until just one week before trial and has been withheld from the public entirely.

The video shows an indignant Webster walk up to the police line and verbally challenge the Metro DC Police after the crowd was attacked with smoke grenades, tear gas, pepper spray, rubber bullets, and people literally being thrown to the ground in the minutes before he reached the gate. An indignant Webster wanted answers, but instead got decked with a loaded left hook by DC Metro Police Officer Noah Rathbun, who had antagonized him with hand gestures seconds earlier and seemed to be challenging him to a fight.

A shocked Webster’s Marine Corps flag drops from his hands and the aggressive officer crossed over the gate to reengage with Webster, who waved him to stay away. The officer still comes forward and grabbed Webster’s flag pole. Webster sensed danger and says he reacted in self defense. The men wrestle to the ground. The office rammed the flag pole twice into the side of Webster’s mouth. Webster admits he grabbed at he officer’s gas mask, but did not strike him, although he could have if he wanted.

Chip Roy Says Republicans Should Repeal FACE Law Biden Used to Put Pro-Life Americans in Prison– www.lifenews.com
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Congressman Chip Roy said Congress should vote by the end of the year to repeal the law used by the Biden Department of Justice to throw pro-lifers in prison.

“Obviously, we need to move the bill forward, and it would be critical because of what we’re seeing with respect to the persecution of Americans being put in jail,” the Texas Republican told The Daily Signal.

Roy introduced a bill on Sept. 19, 2023, to repeal the Freedom of Access to Clinic Entrances Act of 1994, which “prohibits threats of force, obstruction and property damage intended to interfere with reproductive health care services.” Sen. Mike Lee, R-Utah, introduced a Senate version of the bill the next month.

Critics have accused the Biden administration’s DOJ of weaponizing the FACE Act against pro-lifers while failing to charge pro-abortion vandals for the hundreds of attacks on pro-life pregnancy help centers since the leak of the draft Supreme Court ruling overturning Roe v. Wade in May 2022.

 

President Donald Trump will not receive an expected ruling from NY Judge Juan Merchan on November 26 regarding the status of his felony conviction as Merchan has ruled to suspend any ruling until after Trump’s inauguration. Team Trump called the ruling a “total and definitive victory for President Trump.”

Merchan stated, “Given the need to balance competing constitutional interests, consideration must be given to various non-dismissal options that may address any concerns raised by the pendency of a post-trial criminal proceeding during the presidency, such as deferral of all remaining criminal proceedings until after the end of Defendant’s upcoming presidential term.”

BREAKING: Trump claims ‘victory’ after Manhattan DA concedes in NYC ‘hush money’ case | The Post Millennial– thepostmillennial.com
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“This is a total and definitive victory for President Trump and the American People who elected him in a landslide. The Manhattan DA has conceded that this Witch Hunt cannot continue,” Trump Communications Director Steven Cheung.

On Tuesday, Manhattan District Attorney Alvin Bragg told Judge Juan Merchan that sentencing in the falsified business records case against President-elect Donald Trump should be postponed. Trump’s team celebrated the move, calling it a “total and definitive victory for President Trump.”

The filing stated, “The People deeply respect the Office of the President, are mindful of the demands and obligations of the presidency, and acknowledge that Defendant’s inauguration will raise unprecedented legal questions. We also deeply respect the fundamental role of the jury in our constitutional system,” per NBC News.

A headline by NBC news that reads “DOJ and FBI officials reach out to lawyers as potential Trump revenge prosecution looms” reveals the MSM strategy to protect the DNC from facing rightful prosecution for the crimes it has committed against the American republic. The effort could lead to investigations into the MSM complex itself.

The story reveals DOJ officials who were part of the many lawfare assaults on enemies of the Democrat Party, from Trump to J6ers, are nervous and lawyering up in anticipation of facing the legal ramifications of violating Americans’ rights in service of a party over a constitution. An “anonymous source” allegedly told NBC News “everything we did was aboveboard… but this is a different time.”

DOJ and FBI officials reach out to lawyers as potential Trump revenge prosecutions loom – NBC News
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Multiple current and former senior Justice Department and FBI officials have begun reaching out to lawyers in anticipation of being criminally investigated by the Trump administration, according to three people with knowledge of their deliberations.

Following Trump’s decisive election victory, many Justice Department officials and career staffers were already nervous about the possibility that they would be targeted by Trump loyalists, particularly members of Congress. But the selection of former Rep. Matt Gaetz, a firebrand Trump ally who was the subject of a recent FBI investigation, to lead the department has sharply increased the sense of alarm, the sources said.

“Everything we did was aboveboard,” said a former senior FBI official who has started contacting lawyers because he expects to be prosecuted himself. “But this is a different world.”

The official, who spoke on the condition of anonymity out of fear of becoming even more of a target, doesn’t believe any attempt to prosecute him will be successful. Judges and juries have the power to throw out cases or find defendants innocent if they deem prosecutions to be baseless.

After the 2020 Mass Mailer election, Americans protested the certification of an election that can never be verified on January 6, 2021. Since then, Biden’s anti-American Department of (in)Justice have arrested more than 1,000 Americans, and in 2024 they’ve only accelerated their illegal actions, having arrested 296 Americans, an increase of 23% over previous years.

Now that Trump is returning to power, let us hope an American-run DOJ prosecutes the illegal prosecutors currently engaging in violent lawfare in an effort to overthrow the American republic. “Just following orders” is not an excuse.

January 6 arrests by Biden-Harris DOJ soared in 2024 despite looming election– www.theblaze.com
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As voters went to the polls Nov. 5 — many motivated by the weaponization of government by the Biden-Harris administration against its political foes — the U.S. Department of Justice announced that the FBI made its 1,561st Jan. 6 arrest.

In its 46-month statistical update, the DOJ also said only one defendant received a sentence reduction based on the landmark 2024 Supreme Court ruling in Fischer v. United States. On June 28, the high court greatly restricted use of the controversial 20-year obstruction of an official proceeding felony charge in Jan. 6 cases.

‘All defendants charged in the January 6 prosecution have been charged with some form of trespass or disorderly conduct.’

According to the new report, the FBI made 296 Jan. 6 arrests during the first 10 months of 2024, a 23% increase. Since Nov. 6, 2023, the FBI has arrested 359 people, a 30% increase. Arrests are up 73% since November 6, 2022, the DOJ reported.

Of the 979 defendants who have pleaded guilty in Jan. 6 cases, 32% were for felony charges and 68% were for misdemeanors, the report said.

Of those who pleaded guilty to felonies, 169 were for assaulting law enforcement, 127 for obstructing law enforcement during a civil disorder, and 69 for assaulting law enforcement with a deadly or dangerous weapon, the DOJ report said.

Of the 1,028 defendants who have had their cases fully adjudicated, 63% were sentenced to incarceration; 14% were allowed to serve their sentences in home detention.

It appears Jack Smith sees the writing on the wall after the American people delivered to Donald Trump a decisive election victory. A New York Times report citing Smith insiders claims the embattled illegally appointed Special Council is planning on closing his cases and retiring before Trump is sworn in on January 20, 2025.

An announcement by House Republicans that anyone involved in Trump investigations should preserve their communications hints at the possible fulfilment of a promise made by Steven Bannon, who himself faces more lawfare charges. He said, “the hunter will now become the hunted,” and this writer is inclined to agree with that assessment.

Jack Smith to resign and wind down cases against Trump before inauguration– www.washingtonexaminer.com
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Smith’s goal is not to leave any significant part of his work for others to complete and to get ahead of Trump’s promise to fire him within “two seconds” of being sworn in, according to sources close to Smith who spoke to the New York Times. Smith led two federal investigations against Trump, with one pertaining to his alleged mishandling of classified documents and the other focused on Trump’s efforts to subvert the results of the 2020 election and the subsequent deadly Jan. 6 attack on the U.S. Capitol.

This decision by Smith will make certain that the Department of Justice will follow through on its long-standing tradition of not investigating a sitting president for criminal acts.

It is not clear how quickly he and his team can finish his work on both cases, which makes it uncertain whether the investigations could be made public before President Joe Biden’s administration leaves office in January. Attorney General Merrick Garland has repeatedly implied he intends to release these reports to the public. Smith previously said he needed until Dec. 2 to decide exactly how to wind down both cases.

Texas couple sentenced to over a year in prison after being assaulted by Capitol Police officers while praying on J6: court docs | The Post Millennial– thepostmillennial.com
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Mark Middleton, 55, and Jalise Middleton, 54, both of Forestburg, Texas, have been sentenced to 30 and 20 months in prison by US District Judge Randolph D. Moss.

A federal judge has sentenced a Texas married couple on Wednesday to years in prison over their alleged role in the Jan. 6 riot at the US Capitol in 2021. The husband and wife claimed that they were praying outside the Capitol when police launched crowd control munitions and forcibly began to push them back. The defendants alleged they were assaulted by police during the process, prompting them to use self-defense, which included using physical violence on two responding officers.

Mark Middleton, 55, and Jalise Middleton, 54, both of Forestburg, Texas, have been sentenced to 30 and 20 months in prison by US District Judge Randolph D. Moss. The prison sentences follow years of supervised release, 36 months for Mark and 30 months for Jalise, according to a press release from the Department of Justice, which initially sought 7.25 prison sentences for each defendant.