Boomerbuster

Thursday, May 3, 2018

MUELLER QUESTIONS SMOKESCREEN

If you really want to pin a witness down, this is what you do:

You ask strictly yes or no questions regarding matters which are true or false, preferably matters which have previously been testified to.

You can ask what did you think, or how did you react, or whatever, but you have to get from them to did you say X, (plus time, place, and to whom) or not?

(1) Having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or

(2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true

Were Trump ever called to testify, needless to say, he would be well advised to take the Fifth Amendment.

See prior posts:

WERE I MUELLER I WOULD ASK THINGS BASED ON STUFF STOLEN UNDER COLOR OF LAW

from Cohen.

Maybe these published questions are all a smokescreen.

RE LEONHARADT RUDI GIULIANI FOX NEWS INTERVIEW STORM TROOPERS

One gets an impression from his summary today that Leonhardt has no clear idea of what our political legal system is actually like.

That would be a false impression.

Although I noted the other day he wouldn't know what the average person's experience of justice here normally is, he is fully aware of the high political dimensions of the rule of law in this summary. The highly partisan nature of the rule of law regarding political legal squabbles is something he chooses to divert attention from.

It is rather like a species of team play.

The other side is calling foul on Rudi.

If the roles were reversed, the same kind of argument would be made.

Knee jerk, out of power, team player, pundit remarks...

THIS IS ONE REASON TRUMP WILL NOT BE CONVICTED IF IMPEACHED

Saturday, February 17, 2018

WE ARE LIKE A GIANT SWISS CHEESE OF FOREIGN INFLUENCES BALKANIZATIONS

How much of it do you really want to criminalize?

Most of Congress is long in the pockets of various foreign powers, not just the Russians, and not just re campaign outcomes, but day in day out government functioning.

If you drain the swamp, there will not be any politicians left there.

It will be like The Morgenthau Plan, turn Washington into an agrarian area....

Most Americans are only now realizing that their founding fathers were really, deep down, all racists, even Jefferson, and most interrestingly Lincoln, whose monuments now need to be torn down anyway.

Why not drain the swamp, and raze the monuments, so that it is a fit place for merely farming?

Wednesday, May 2, 2018

GREAT STUFF COBB RECOMMENDED TRUMP TESTIFY RATHER LIKE A BENCH TRIAL SLOW GUILTY PLEA

At least Flood probably has the sense to avoid that, if possible.

Why?

The main way to make an obstruction case is perjury,

and the only way to perjury is testimony...

I seldom used to put my clients on the stand.

Why? Priors....

Trump is in very much this position, re telling the truth.

QUESTION RE TRUMP'S VIEW OF COMEY AT TRANSITION

NYT bullshit account of rationale... if Mr. Trump truly was upset, he would have shown an early distaste...

Trump usually pretends to love someone he eventually will knife.

MUELLER QUESTION WHAT WAS YOUR REACTION TO NEWS REPORTS RE FLYNN

Bullshit question....
Sounds like pop psychology....

WERE I MUELLER I WOULD ASK THINGS BASED ON STUFF STOLEN UNDER COLOR OF LAW

from Cohen.

Maybe these published questions are all a smokescreen.

TRAYWICK HACKED OUT

DON'T WORRY BOUT THE SANCTIONS BABY LOGAN ACT VIOLATION

Entry	Pageviews
United States	30
Russia	8
France	5
Poland	4
Portugal	3
United Kingdom	1
Oman	1
Sweden	1
Vietnam	1

THE KISLYAK FLYNN QUESTION IS A LOGAN ACT INQUIRY MASQUERADING AS OBSTRUCTION

Tuesday, May 1, 2018

AUDIENCE TODAY

Entry	Pageviews
United States	30
France	9
Russia	8
Poland	4
Portugal	3
Oman	1
Sweden	1

APPARENTLY YATES WARNED FLYNN ABOUT RUSSIAN BLACKMAIL NOT ABOUT THE LOGAN ACT

Malpractice...

Why don't they raid her office?

Maybe Flynn should have pled ineffective assistance of counsel, instead of guilty!

OBSTRUCTION OF PROSECUTOR

Obstruction is not really about justice, in most cases.
In fact, the victim of obstruction is normally not the so called suspect at all:

Generally, obstruction charges are laid when it is discovered that a person questioned in an investigation, other than a suspect, has lied to the investigating officers. Wikipedia

Why is this? Because the abstract concept of justice has little or no connection to most obstruction cases. You know this because, by definition, the person being questioned is not a suspect.
So, what are obstruction cases mostly about?
They are about someone committing perjury, usually about a factual matter, ironically, which has little or nothing to do with the larger course of justice.
Take the Clinton impeachment, and the charge. Classic example.
Whether Clinton had an affair with Lewinsky is frankly neither here nor there, regarding the larger course of justice, or regarding Clinton's fitness for his role as President, for that matter.

Similar claims were made against Hillary Clinton.
Martha Stewart went to prison for similar largely irrelevant misstatements.

Former Vice-Presidential adviser I. Lewis "Scooter" Libby was convicted of obstruction of justice in March 2007 for his role in the investigation of a leak to reporters by Richard Armitage of the identity of a CIA agent, Valerie Plame. His prison sentence was commuted by President George W. Bush in July 2007, so that Libby was no longer required to serve a two-and-a-half-year prison sentence, but was still required to pay a $250,000 fine, be recorded as a convicted felon, obey probation terms, and be disbarred. Donald Trump pardoned Libby on April 13, 2018.

There is also anticipatory obstruction now, an even bigger kettle of bad legal worms:

"Anticipatory obstruction of justice" has recently appeared on the horizon in cases such as US v. Wolff.^[6] However, the operative section, 1519, passed in 2002, has thus far languished in quasi-obscurity. Titled “Destruction, Alteration or Falsification of Records in Federal Investigations and Bankruptcy,” the provision was passed under Section 802 of the Sarbanes-Oxley Act of 2002.

The text of the statute is relatively straightforward:

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsified, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under Title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

MUELLER INTERROGATION LOGAN ACT OBSTRUCTION RIDENOUR FOIBLES

Mueller: Didn't you tell the Rooskies he might be violating the Logan Act and that they too should do something about it?

Mrs Clinton: Yes.

Mueller: Then you violated the Logan Act too!

Mrs Clinton: But that's different. I was a Senator.

Mueller: Oh. Didn't you tell the NYT to publish something like that?

Mrs Clinton: Yes.

Mueller: Then you suborned the NYT to violate the Logan Act!

(Possible scenario: NYT has constitutional defenses, and then gets a Ridenour Award for truth telling in journalism and whistleblowing!)

NYT APPLES AND ORANGES ACCOUNT OF MUELLER QUESTION RATIONALE

While the White House ultimately said Mr. Comey was fired for breaking with Justice Department policy and discussing the Clinton investigation, Mr. Trump expressed no such qualms in an interview with Ms. Bartiromo of Fox Business Network. “Director Comey was very, very good to Hillary Clinton, that I can tell you,” he said. “If he weren’t, she would be, right now, going to trial.”

She had claimed that the Comey investigation publicity (breaking justice department policy) cost her the campaign, after all; or did I get this wrong?

Losing a campaign and going to jail, however, are two quite different kinds of things, quite apart from a false and rhetorical assertion of qualms.

So, now that Comey has been fired, why not bring Clinton up on charges that seem to have traction?

Getting both Clinton charged and Trump impeached both seem to have been on the Russian agenda.

If Clinton isn't ultimately charged, then the Russians' strategy has failed, in part.

RE NYT MUELLER'S QUESTIONS PUBLISHED WHY NOT THESE GREAT OLD POSTS AGAIN?

Monday, December 4, 2017

NYT SAYS LOGAN ACT CLEARLY APPLIES TO FLYNN AND TO ANYONE ELSE NYT CHOOSES

§ 953. Private correspondence with foreign governments.

Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.

This section shall not abridge the right of a citizen to apply himself, or his agent, to any foreign government, or the agents thereof, for redress of any injury which he may have sustained from such government or any of its agents or subjects.

1 Stat. 613, January 30, 1799, codified at 18 U.S.C. § 953 (2004).

Subsequently, Logan himself was appointed and then elected as a Democratic-Republican to the United States Senate from Pennsylvania, and served from July 13, 1801, to March 3, 1807. He was unsuccessful in getting the Logan Act repealed. Despite the Logan Act, he went to England in 1810 on a private diplomatic mission as an emissary of peace in the period before the outbreak of the War of 1812, but was not successful.

See Wikipedia for a discussion.

It seems to me that the Act would be a useful tool, in the proper hands, for cleaning up the media itself!

Powerful media companies doubtless violate this law countless times in a week, on the international desks, and through foreign correspondents.

Politicians, and especially former politicians now lobbyists, not just Trump, but especially private corporate executives, violate it, constantly. Think tank guys, second nature to violate it....
Here is Trump:

In July 2016, U.S. Secretary of Agriculture Tom Vilsack accused Donald Trump of encouraging the Russian government to hack the email ofHillary Clinton, Trump's opponent in the 2016 presidential election. Several other Democratic Senators claimed Trump's comments appeared to violate the Logan Act

In 2006, the United States House Committee on Ethicswarned departing members of the terms of the Act in an official Memorandum. The Committee commented in the Memorandum that the Act, "...has never been the basis of a prosecution, and this Committee has publicly questioned its constitutionality... Members should be aware, however, that the law remains on the books.

It is obviously a piece of shit, as drafted.

However, it seems ripe for wider, if unconstitutional, use, in a wide post McCarthyite sting, against rogue liberal journalists, and all politicians.

In 1975, Senators John Sparkman and George McGovern were accused of violating the Logan Act when they traveled to Cuba and met with officials there. In considering that case, the U.S. Department of State concluded:

The clear intent of this provision [Logan Act] is to prohibit unauthorized persons from intervening in disputes between the United States and foreign governments. Nothing in section 953 [Logan Act], however, would appear to restrict members of the Congress from engaging in discussions with foreign officials in pursuance of their legislative duties under the Constitution. In the case of Senators McGovern and Sparkman the executive branch, although it did not in any way encourage the Senators to go to Cuba, was fully informed of the nature and purpose of their visit, and had validated their passports for travel to that country.
Senator McGovern’s report of his discussions with Cuban officials states: "I made it clear that I had no authority to negotiate on behalf of the United States—that I had come to listen and learn..." (Cuban Realities: May 1975, 94th Cong., 1st Sess., August 1975). Senator Sparkman’s contacts with Cuban officials were conducted on a similar basis. The specific issues raised by the Senators (e.g., the Southern Airways case; Luis Tiant’s desire to have his parents visit the United States) would, in any event, appear to fall within the second paragraph of Section 953.
Accordingly, the Department does not consider the activities of Senators Sparkman and McGovern to be inconsistent with the stipulations of Section 953

How bout SNL/ Alec Baldwin? Etc., the whole cast really.

Although the title of the act says private correspondence, the actual body of the law, which is the operative part, fails to so state.

This law is not limited, by its terms, only to private correspondence, whatever even that now can be taken to mean, at all.

Tuesday, February 20, 2018

CLASSIC POST DUMB AND DUMBER THOMAS FRIEDMAN MR GLOBALIZATION LOGAN ACT FOR IDIOTS

Tuesday, December 5, 2017

BLACK HOLE GLOBALIZATION AND THE LOGAN ACT

What sense does it make to talk about the Logan Act when your foreign adversaries now make most of your products and equipment, for either government or the private sector, and Americans must deal with them, at the highest levels, of either public or private correspondence, on a daily basis, often touching on matters of foreign affairs policy and commerce, both executive and legislative, of the United States?

Sunday, January 7, 2018

BANNON TREASON REMARKS LOGAN ACT EVERYONE IS GUILTY

The problem, for a nouveau McCarthyite prosecutor, is that the Logan Act could very quickly be rammed up his own sweet ass.

It is a statutory, Salem Witch Trial level, loose cannon, baby!

uesday, February 20, 2018

THE MEDIA FOX CNN NYT WASH POST BREITBART PROBABLY VIOLATING THE LOGAN ACT EVERY HOUR BABY

Drag em all in. Round up the usual suspects.

Saturday, February 17, 2018

WE ARE LIKE A GIANT SWISS CHEESE OF FOREIGN INFLUENCES BALKANIZATIONS

How much of it do you really want to criminalize?

Most of Congress is long in the pockets of verious foreign powers, not just the Russians, and not just re campaign outcomes, but day in day out government functioning.

I recommend prosecuting every member of Congress under the Logan Act. Under the broad brush of that act, all of them are guilty.

Friday, February 16, 2018

FBI BOTCHED HANDLING OF CRUZ TIP

hursday, February 16, 2017

SELECTIVE ENFORCEMENT THE LOGAN ACT

§ 953. Private correspondence with foreign governments.

1 Stat. 613, January 30, 1799, codified at 18 U.S.C. § 953 (2004).

Anyone who has a blog discussing foreign affairs at all, whatever their actual intent happens to be, and whether they get or publish comments or not, might be claimed to have violated this provision:

"directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States..."

Any citizen who has a blog, facebook page, or does twitter seems to me liable to prosecution under this law as it is written, if they discuss anything involving foreign policy, whatever that is deemed to be, whether they are in public or private work, or not employed at all.

Of course the law was trotted out against Flynn, but that is a liberal media blunder in my judgment.

The media in general, it seems to me, including the liberal media who have invoked it, are particularly vulnerable to this law.

Professor Kaiser's articles in Time could even be claimed to violate the law, as well as his blog. My blog too.

If Trump thinks of using it this way, it could gain traction.

He has just been hit by it. Why not hit back?

Monday, April 30, 2018

AMERICAN DEMOCRAT POLITICAL DIALOGUE

Hey, there are, like, no more fish in the oceans.

Then we'll have to get back into power, in the next mid term elections!

VOLTAIRE THE ENLIGHTENMENT SHOULD PREVENT THE MASSES FROM LEARNING TO READ

Clark, citing Darnton, p 100.

MY FAVORITE THINGS

Trump vs Justice, LIEO bullshit.

(LEONHARDT WOULDN'T KNOW THE ACTUAL RULE OF LAW WORLD HERE IF IT BIT HIM IN THE BUTT...)

One of 'My Favorite Things': to jam a cynical degenerate pundit (BBC) article up another dumb naive and cynical pundit's (NYT) ass.

The sense of justice that we're losing?.....He thinks it's a recent phenomenon, like Brooks' meritocracy, that only sprang up into being in 1980...... utter nonsense.

Whig pundits want you to think that history began, almost, yesterday, or at least only recently, because that is when their last story was written, and because the Whig interpretation requires that history be viewed only through the prism of the present.

Monday, April 30, 2018

RE GLOBALIZATION FALL OUT BBC WHY THE US STILL HAS DEBTORS' PRISONS

44% of Americans are in these circumstances.

$400 is a lot of money for any of the poor and getting poorer bastards....for a fine for a tail light out on a car.

They are 'lucky' to even have a bad car to struggle on with...

$400 is the annual income for many millions of foreign folks looking for better wages, for your wages.

This great debtors' prison heritage was not caused by globalization, but it will not get better within it, only progressively worse and worse and worse.

Prison labor camps, and offshoring camps, is another likely area for further expansion.

The poor already pay for their own incarceration (To what purpose? Keeping that penal system funded).

Also middle class property owners usually pay a disproportionate share, in property taxes and assessments, of local jails' costs, which frankly don't return them a dime in economic value, or a better quality of life, in fact the opposite.

I could spend a long time narrating only some aspects of the situation here, both in the criminal system and the economic system.

Why bother, really?

Theme music: Coltrane

RE GLOBALIZATION FALL OUT BBC WHY THE US STILL HAS DEBTORS' PRISONS

44% of Americans are in these circumstances.

$400 is a lot of money for any of them....for a fine for a tail light out on a car. They are lucky to even have a bad car to struggle on...

$400 is the annual income for many millions of foreign folks looking for better wages, for your wages.

This great debtors' prison heritage was not caused by globalization, but it will not get better within it, only progressively worse and worse and worse.

Why bother, really?

Sunday, April 29, 2018

RE MASS CHILD SACRIFICE FOUND IN PERU DATING TO THE 1400S

Hard to wrap a Whig interpretation around such widespread recent human past events. Human sacrifice and cannibalism were common in many prehistoric societies, notably Greece, Medea, and Judea, eg Abraham and Isaac, etc.

Not only did they sometimes sacrifice their own offspring, and animals, on a massive scale, but they also practiced cannibalism on them as well, presumably as part of the ritual itself, not as a separate unrelated act.

What do you think their reasoning might have been?

The article gives some clues. One obvious rationale would be hunger, for whatever reason.

Another reasonable explanation might bad royal and or priestly guidance.

But who now can say? Maybe it was at that time good guidance, given a state of affairs impossible now, or ever, to reconstruct.

THE MENU ANCHOVY SUBSTITUTION IMPROV IN MEMORY OF ELIZABETH DAVID

Many dishes call for these little devils.
They are very salty.
There are some less salty substitutes:
You can throw in a few minced baby smoked oysters.
You can toss in a macerated sardine or two. A crushed kipper. Even a mackerel fragment! Why not?
You can even toss in a little of the juice, of whatever variety, oil, vinegar, tomato sauce, from the cans or jars! Juice from canned tuna!
Why not?
I now like to dribble in a few drops or more of the classic, Lea & Perrins Worcestershire Sauce, for a faux Caesar salad dressing, it has anchovies already in it!

Any of these thing can be dribbled sparingly over a simple pasta with olive oil and either Parmesan or Romano or both.

Swirl some into home made mayonnaise for tonnato sauce, for cold veal or chicken.

THE MENU SOUP IMPROVS RE ELIZABETH DAVID

I am in good company, re improvs, with Elizabeth David.

She has several soup recipes in Mediterranean Food, Soup of Haricot Beans, made of leftover cassoulet, and a Soup with Risotto made with leftover risotto.

A Mediterranean Fish Soup looks like a soup of leftovers, since it starts with a cod's head, and an already cooked crawfish, after all.

See her recipe for gaspacho....Gautier claimed that a dog of any breeding would refuse it!

Terms search: dog

I AM JUST GOING TO EXPLAIN A VERY FEW LITTLE THINGS TO YOU

which even a non insider knows, from events:

North Korea is a vassal state.

North Korea has been given a scripted role, first, as agent provocateur.

Yet, its role is not actually to provoke actual armed conflict, fundamentally, but rather to distract all, who can be distracted, from other much more important realities, now long under way.

This strategy has worked very well regarding the US, a guppy for stuff like this. Other Asian states have been worried. That was what was intended.

it has now been given a new role, friend of South Korea, and peacemaker.

Bad cop, then good cop.

If Trump paid North Korea off, that is merely icing on the vassal cake, not the main point.