General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsOK, So Taylor and Mensch are now reporting a sealed indictment
will serve as an impetus for impeachment. Maybe wait for there to be a bit more meat on that bone, but there it is:
Link to tweet
The Blue Flower
(5,439 posts)Watch him in the next few days. He has a lot of tells.
wcmagumba
(2,882 posts)can hope this to be true but.....
GP6971
(31,133 posts)but I sure hope it's true
jberryhill
(62,444 posts)The FISA court reviews surveillance warrant applications. That's it.
It does not have the general powers of a US District Court.
To suggest the FISA court has "issued a sealed indictment" is complete bullshit.
Qutzupalotl
(14,296 posts)jberryhill
(62,444 posts)If there is going to be a criminal prosecution, the indictment would need to be filed with a US District Court which, unlike FISA, conducts criminal charges.
Your comment has absolutely nothing to do with the limited jurisdiction of the FISA court. What is it you were attempting to say?
Simply post a link to the appropriate section of 28 US Code that grants the FISA court this hitherto unknown power.
Qutzupalotl
(14,296 posts)jberryhill
(62,444 posts)"While it is understood that the Supremacy Clause of the Constitution means that, until Mr. Trump is impeached, he cannot be prosecuted..."
That is two separate layers of BULLSHIT.
First the "Supremacy Clause of the Constitution" means that federal law supersedes state law on matters properly within federal jurisdiction. It has JACK SHIT to do with whether there can be a criminal prosecution of a sitting president.
Second, whether a president can be criminally prosecution is not a "Supremacy Clause" issue. It would be a Separation of Powers issue.
http://www.nytimes.com/1998/01/25/weekinreview/the-nation-a-primer-prosecuting-a-president.html
"The short answer to one of the oldest of constitutional questions is that there is no clear answer. The Constitution's text, which sets out procedures for impeaching and removing executive branch officials and Federal judges from office, does not resolve the issue."
That blog makes it clearer that its authors have no fucking clue.
onenote
(42,660 posts)Thanks for trying to bring reality to this fantasy fest.
DemocratSinceBirth
(99,710 posts)These fantasies get us nowhere.
DemocratSinceBirth
(99,710 posts)As to Taylor and Mensch I don't understand why they would make binary predictions that will be quickly proven or disproven.
sharedvalues
(6,916 posts)Maybe Taylor not being a lawyer dropped FISC in a confusing way.
But the FISC system is a little more complicated than you mention. There is the FISC which hears warrant requests. Then there is the 3-judge FIS Court of Review (FISCR). And decisions by that court are subject to appellate review by SCOTUS.
FISCR has occasionally handled cases that are not purely warrant requests:
https://en.m.wikipedia.org/wiki/United_States_Foreign_Intelligence_Surveillance_Court_of_Review
They reviewed the Constitutionality of a law in In Re Directives..
So maybe the FISCR was involved in a Constitutionality issue around surveillance, in the course of the grand jury proceedings? I realize I am reaching a bit. But if the grand jury proceedings had an issue that needed appellate review, it is possible FISCR might hear it.
jberryhill
(62,444 posts)FISC reviews decisions of FISA. As a court of review, it CERTAINLY would not get into anything having to do with a criminal prosecution.
sharedvalues
(6,916 posts)jberryhill
(62,444 posts)sharedvalues
(6,916 posts)jberryhill
(62,444 posts)1 - the FISA court does not issue indictments.
2 - the FISA review court does not issue indictments.
3 - the Supremacy Clause has NOTHING to do with whether an individual can be prosecuted by the feds, in a federal court, under federal law.
sharedvalues
(6,916 posts)Pot. Black. You called FISA an appellate court. FISC is the court. FISA is an act.
I'm out. History will tell if Taylor is right.
jberryhill
(62,444 posts)Would you care to discuss the substantive idiocy of the blog post to which it was linked?
sharedvalues
(6,916 posts)That's my only point.
I do also agree with you on the Constitutional analysis given by Mensch a few months ago on her site.
sharedvalues
(6,916 posts)Mensch's knowledge about tech is quite limited.
What she says about exchanging voter info for ad targeting I find plausible.
What she says about python databases I find much less plausible.
That said I think she has good IC sources in the UK so when she leaks something that UK counterintelligence would be in a position to know, and would want to have released, I pay attention.
dhill926
(16,333 posts)Response to jberryhill (Reply #4)
TNLib This message was self-deleted by its author.
jberryhill
(62,444 posts)If a Grand Jury issues a bill of indictment, then it will be filed in a court capable of conducting a criminal proceeding.
The FISA court does not hold trials. It only reviews surveillance warrant applications and issues warrants.
Do you understand Article III of the Constitution and how the jurisdiction of courts is established by legislation?
TNLib
(1,819 posts)I assumed it was from the Grand Jury that has already been confirmed.
jberryhill
(62,444 posts)customerserviceguy
(25,183 posts)And I understand it, yet, it all comes down to facts, thanks for making them clear.
The only federal grand jury that I'm aware of looking into person/people in the Trump campaign/administration isn't connected to a FISA court.
leftofcool
(19,460 posts)Dem2
(8,168 posts)seems the odds anything like this is happening is close to 0.
yodermon
(6,143 posts)Link to tweet
Um (1) grand juries aren't under "auspices" of a fisa court.
(2) if it's sealed, why do I now know about it. I'd rather it go through the proper channels than be leaked.
L. Coyote
(51,129 posts)Madam45for2923
(7,178 posts)Lee-Lee
(6,324 posts)And whoever posted the tweet you were using to prove it must have realized that because the tweet is gone.
Kingofalldems
(38,440 posts)LaydeeBug
(10,291 posts)jberryhill
(62,444 posts)And the "update" was likely triggered by them finding out that it was too obviously bullshit.
SHRED
(28,136 posts)Johnny2X2X
(19,001 posts)This is exactly what Trump wants. For this all to look like the Left looking like conspiracy nuts.
Ellipsis
(9,124 posts)onenote
(42,660 posts)The guy who just got a promotion from Jeff Sessions two weeks ago.
Right.
Ellipsis
(9,124 posts)...second in the line of succession to be the Attorney General of the United States. The order of succession was modified by an Executive Order signed by President Donald Trump on February 9, 2017, which reversed a previous Executive Order by President Barack Obama that changed the order of succession, without explanation, to remove Boente from the list.
Lee-Lee
(6,324 posts)Very, very few people know about them. That's by intent because the whole reason to seal them is keep all the targets of the investigation and those associated with them unaware so they can't maneuver around the investigation or destroy evidence.
The grand jury members, the prosecutors who obtained it, and the clerk of court who seals it.
That's it until it's time to act one it and the LE making the arrest are given it. They don't have a secret message board where they let everyone know about the sealed indictments out there.
The odds of "multiple sources" involved being willing to leak it are slim to none, since the whole point of it being sealed is to not tip off the parties indicted or those associated with them that action is coming. So they would be making it much harder.
The only ones who would be making thier jobs harder would be the actual members of the grand jury, who would be risking some very serious charges and jail time to leak, or the clerk of court who would be risking even more.
And if the prosecution or any LE aware leaked this they would be impeding the investigation and actually helping the Trump admin with the heads up.
So the odds of having multiple people in the very small number who know about a sealed indictment leaking about us seems very, very slim to me. It would mean they were willing to break the law in a way that also would be harmful to any investigation just to leak it.
sharedvalues
(6,916 posts)I'd bet a few dollars that Mensch's main source is GCHQ or British counterintelligence. They know a lot.
I agree with you that it's odd how these leaks are making it out to Twitter.
All of Taylor's sources now know he's got an audience. And so anyone who might be leaking to him is doing so on purpose, I believe.
Lee-Lee
(6,324 posts)If they are, they have serious internal issues.
As I described above the number of people who would even be aware of a sealed indictment like this would be very, very, very small. As in the 16-23 people actually sitting on the grand jury, the prosecution, the court recorder present and the clerk. That's it.
And if these reports are real you can be damm sure right now the US Attorneys office has FBI agents and their own investigators piled deep into every single one of those people combing through everything they have done every minute of every day since the True Bills were handed down and their cyber forensics people deep inside all the computers.
That's why I doubt an intelligence agency would release that. It would be way,way too risky because with such a very limited pool of people the info could have come from it would be a huge risk of compromising the source for no gain. When you have a source getting you information as inside and good as that you don't risk compromising it for no gain.
sharedvalues
(6,916 posts)US Marshals have to make arrests. They need a plan. So people there know. Several DOJ people know too.
As for GCHQ - if the UK thinks Trump is a criminal you bet they would leak if it would help America. And those leaks might even be officially sanctioned, tacitly or not.