Sunday, August 14, 2022

We Should Hunt Those Orange Elephants Till the Whole Herd is Extinct

Democrats, General Garland, be careful with these Low Lifes. They have transitioned from demanding that the search warrant, signed by a federal magistrate upon a finding of probable cause, and approved by General Garland personally, to demanding the affidavit from the FBI agents on which the judge made the finding of p.c. DO. NOT. TURN. IT. OVER. TO. THEM. That is the legislative branch encroaching on the judiciary. They have no right to it, as they had none to the warrant itself, and they are demanding the affidavit for two nefarious reasons: First, to give them something to argue from when they have no standing to have it. Congress does not review affidavits for p.c., judges do; Congress does not approve, or reject, applications for search warrants, judges do. Do lay readers know that in court not even a lawyer for the defendant can "go behind" the issuance of a warrant by a judge to argue that the affidavit was defective. Such an argument is not cognizable in court. You might as well argue, "Judge, the law of China applies to this case." It is settled, it has been ruled on by a judge. If (s)he had any questions about the sufficiency of the affidavit or the credibility of the witness(es) on whose testimony the affidavit was based, (s)he can ask, or decline to approve the application. Once (s)he affixes his signature it is over as over can be. If General Garland gives these Low Lifes the affidavit he creates precedent where none has ever existed in 246 years.

Their second nefarious basis is witness intimidation. There was, according to NYT an, one, employee at MAL (appropriate acronym) who told agents something in particular about how and where 45th kept presidential records (which he is not permitted to have, they are the property of the national Archives) and how he kept them that led to the application for search warrant. Releasing the affidavit would compromise to some extent the identity of a person who complied with lawful questioning by the FBI agents. The affidavit could be redacted to remove the person's name, if present, but in laying out for the judge sufficient basis for the approval of the warrant the affidavit would inevitably greatly narrow the list of possible persons who supplied the intel. Already we know from the Jan. 6 hearings that Trump and his gangsters contacted committee witnesses when they learned of upcoming depositions or testimony in other form. And in this instance Trump himself released publicly the names of the FBI agents who prepared the affidavit, making them personal targets for violence and intimidation as occurred in Ohio in the attack on FBI headquarters by a Low Life. 

In short, the Orange Herd is hoping to mount such pressure on General Garland that he gives them what they want. That pressure should be resisted to the ultimate degree. No Affidavit Made Public!