Pertaining to the Heading…those currently finger pointing are Congressmen Nadler, Swallow, Schitty and the Zircon Nancy !
I am so tired of explaining Federal Criminal Law to our Congressional Law School dropouts but it is vital that our “lawmakers” understand how our Federal Criminal legal system works. Hard to believe they are our Law Makers isn’t it? I spent 29 years actually enforcing Federal Criminal Laws., and there are some basics that we must understand before we may go forward. First and foremost there MUST be a violation of the Law, a CRIME, in order to charge anyone with a crime. Next, under our legal system, by law, a Citizen is innocent until proven guilty. He does not have to prove himself or herself innocent; the prosecution must prove them guilty beyond a reasonable doubt. Also, under our legal system, the law enforcement Agencies or Prosecutors may NOT investigate a citizen to see if they ever committed a crime. “That”, is illegal under our Due Process. They must investigate a CRIME, to see; “who did it” .
That all being true, it is not illegal, “to be at the scene where a crime is about to be committed”! Neither is it a crime to “think” about committing a crime. It is not a crime to talk to others about committing a crime…a Conspiracy, unless you actually commit the crime. You cannot be charged with “Conspiring” to commit a crime if the crime is non-existent! Anyone who says that’s not true…ask them for the case law. MANY times and I mean many times we had to allow the armed bad guys we were following to actually commit the crime for two reasons; first it is too dangerous, for innocent citizens, to try to stop the crime and second, what do we charge them with when there’s no actual crime…if we stopped it ? That’s what the US Attorney would always ask us and we would respond, “We’ll charge them with being at the scene where a crime is about to be committed”!
At trial, we have to prove the crime was committed and prove EVERY single element of the, Crime… the Criminal Statute! If the violation was, for example, a Theft From Interstate Shipment (Truck Hijacking and Kidnapping) we had to have the original Bill of Lading just to prove one of the elements, the interstate character. If it was an FDIC Insured Bank we had to produce the original Insurance certificate to prove the Federal crime!
Without the crime there can be no Conspiracy and there can be no Obstruction to interfere with the investigation of a crime that doesn’t exist…no matter what law school dropouts from Congress think, wish, want, demand or stomp their feet over.
There is no crime called “collusion”. Obstruction by itself is not a crime…no one has ever been charged with “Obstruction” or “Conspiracy”. There must be a crime that the process of which was interfered with, intentionally! A very good example would be the destruction of 34,000 emails that were under investigation for the crime of Espionage AND a Judicial Process called Subpoena. That is the definition of Obstruction of Justice!
If you have read some of my recent columns on this topic I have asked, begged, pleaded for some genius attorney to please tell me what crime President Trump committed. Please …tell me the law, Title and Section of US Code so that I could condemn him as well!
But they can’t because he broke no laws! Just ask Mueller!
NOW…flash…we have a “COVER-UP”. Okay, Zircon Nancy, the cover-up of what FREAKING Crime? Can’t tell us can you? Not because it’s a secret but because you invented a cover-up since you read one of my many columns about “no crime no foul” and hadn’t realized you didn’t have a crime…so you created another one.
Wouldn’t you agree that if you were a big shot reporter for Metropolis your FIRST QUESTION would be, “OF WHAT?”…what’s the crime??? They didn’t ask because they know the answer…there isn’t any crime and they are very corrupt!
Now please understand this as well. When we, FBI Agents, would present a case for authorization to get an arrest warrant, the US Attorney would say either “yes” or “no”. He never said, “ innocent or guilty”! If we are getting a warrant you can bet your ass we “think” he’s guilty, we have PC, BUT we know we have to prove it.
Mueller should have never spewed the evil he spewed as an FBI Agent, FBI Director, US Attorney, Special Counsel or anything else. He should have said, “ There was insufficient evidence (probable cause, PC) to prove a crime”…after 35 million dollars, 2 years and a Delta Force of Democrap Commandos. An impartial prosecutor would have NEVER said what Mueller said about the President of the US that he, Mueller, just spent 2 and a half years investigating and found no evidence that the President committed ”collusion”! Then to speculate that he “might” have committed obstruction, is unforgiveable, as a Special Counsel! He just proved his BIAS beyond a shadow of a doubt against the President that HE did his best to screw and failed! When in the hell did you ever hear a Prosecutor say that? It’s either yes or no, we have PC or we don’t…dumb ass!
Now let me tell you a little about the FBI. In the FBI, Agents were given an Agents Hand Book of Rules and Regulations, R&R. It spells out the Best Evidence Rules, the Chain of Custody, and the Collection of evidence and Transcription of Notes and much more. It was drilled into our heads! It specifies that within 30 days of arrest the case Agent must prepare an Investigative report for the USA with ALL the evidence including Exculpatory evidence. The format is Inserts for non evidence information and FD 302’s for evidentiary interviews, forensics and everything of evidence value. The best evidence is the Agents testimony from memory, next is from notes, which are actually physical evidence and in the chain of custody, in an evidence room. Next is the Agents testimony from the 302s. There is a time limit of 5 days for transcription of Evidentiary notes to 302’s because the sooner they are transcribed, the fresher the memory and the more accurate the 302 will be, according to the Best Evidence Rules. It is so critical, that at the bottom of EACH 302 is the date taken (interview or observation) and the date transcribed and the date typed which by FBI R&R must be no more than 5 days each!
Evidence must follow strict Chain of Custody from person to person and must be “protected” from unauthorized tampering and proven in court!
To violate any of the R&R’s is a certain Letter of Censure or , if the violation of chain of custody, causes the loss of the case at trial and the Prosecutor sends a letter to the FBI ,that Agent is toast and could be charged with …you guessed it…Obstruction, if there is provable intent!!
Now let’s see…we have Assistant Directors of the FBI, Andy McCabe and Peter Strzok, heading up an investigation on a Presidential candidate and former Secretary of State, Hillary, and a FBI Search team executes a Search Warrant on the house of the Secretary of State’s Staff member, Huma Abedine and…they discover files of State Department communications on a computer in the house, in a folder “Just in Case”. The computer belongs to the convicted felon husband of staffer Abedine. Allegedly State business and 18 classified communications are found on the computer of a Convicted , Ex-con, Jail Bird! Each of the 18 State communications on that computer is a felony, in the least and multiple felonies, including Espionage, at the worst!
The Agent(s) allegedly withheld the reporting of the evidence and transcription thereof for 4 months! Do you wonder if Comey knew? Don’t wonder, neither of those two would have the “balls” to withhold that type of evidence , WITHOUT Comey’s knowledge…NEVER!
They would not blow his noses without checking with Comey first. Comey would have known EVERYTHING about the entire situation. None of Comey’s close staff would have committed ANY illegal acts without Comey’s direct knowledge. Comey, because of the stand -up guy he is NOT, will and is denying everything, I am certain. He didn’t authorize any leaks? He didn’t know McCabe held onto evidence, he didn’t know Strzok opened a Counter Intel Case against Trump utilizing the Dossier that Comey knew was unverified and salacious but sighed HIMSELF anyways, Bull Shit! Comey ran everything and don’t doubt that for a minute!
I can guarantee you that James Comey knew everything that his staffers were doing and not doing on the Hillary case. Why do you think he moved the case to FBI Headquarters? Headquarters is NEVER Office of Origin (the lead Office) on any criminal cases…NEVER!!! Comey controlled everything about the case and the illegal acts his staff committed.
He probably told who to leak, what, to whom, and said, “I got your back”,or was it… I’ll get you IN the back?!
You have to “grow up” in the FBI to realize that MOST ALL Agents are very loyal to the law, were raised in a VERY disciplined Agency ( when I was there) and very conscience about not breaking the law we enforced. Hoover believed that if he enforced the little things ,we would obey the big things on our own. It inspired the fear of God in all of us. For certain, you would never get any Agents I knew to throw an investigation! How things changed.
For the men and women of the real FBI, Mr President and Mr Attorney General, you must indict and take to trial ALL the players from Lisa Page all the way up to no less than Clinton! The AG Lynch, FBI and every Director you have PC on must go down. When they offer up the next higher pay grade…do the deal until you have Hussein Obama, leader of it all … by then he will probably be in a cave, in a country , with no extradition treaty!!
FOR THE SAKE OF THE FBI, AMERICA , OUR RULE OF LAW YOU MUST INDICT AND GO TO TRIAL!!! THE OPPORTUNITY FOR DEALS THAT WILL YIELD HEADS OF AGENCIES WILL BE OVERWHELMING… MY OPINION!!!