[Red State] Ouch! That's the only thing I could think to say in response to reading the order handed down by U.S. District Court Judge Mark Scarsi on Wednesday requiring Hunter Biden's legal team to show cause why they should not be sanctioned for making false statements in their recently filed motion to dismiss. While Hunter was presumably focused on his father's Oval Office address, his attorneys were getting lit up by a federal judge.
Here's what happened: On July 15th, Judge Aileen Cannon dismissed the Florida criminal case against former President Donald Trump regarding his alleged improper retention of classified documents on the basis that Special Counsel Jack Smith's appointment violated the Appointments Clause of the Constitution.
On July 18th, Biden's legal team filed a motion to dismiss the California tax case against him, attempting to piggyback off Cannon's ruling and asserting that Special Counsel David Weiss, likewise, was improperly appointed and thus didn't have authority to bring the charges against Biden.
In the motion, Biden's lawyers argued, "The Attorney General relied upon the exact same authority to appoint the Special Counsel in both the Trump and Biden matters, and both appointments are invalid for the same reason."
There's just one problem with that: Weiss was already a sitting U.S. Attorney when he was appointed as Special Counsel. Or, as George Washington Law professor Jonathan Turley noted:
However, a key difference between Smith and Weiss is that it could lead these courts to asking "why is a Weiss like a Smith?" The extent that he is not could prove a critical distinction. Weiss is a Senate confirmed U.S. Attorney where Smith was a private citizen plucked by Merrick Garland from the general population for the position.
But there's an even bigger problem with the motion than that: Biden's lawyers contended in the motion that Weiss only brought charges against Biden after he was appointed as Special Counsel. Which, as Scarsi very pointedly notes in his order, is false (emphasis mine):
The Court orders Mr. Biden’s counsel to show cause why sanctions should not be imposed for making false statements in the motion.
...
In support of his motion, Mr. Biden asserts, several times, that Special Counsel Weiss "brought no charges [against Mr. Biden] until after he received the Special Counsel title . . . ." (Mot. 5; accord id. at 6 ("Special Counsel Weiss . . . brought no chargesin this investigation with his U.S. Attorney position but, as Special Counsel, initiated legal proceedings on both sides of the country against Mr. Biden in Delaware and California . . . .id. at 7 ("Mr. Weiss . . . sought Special Counsel status before bringing any charges.").) These statements, however, are not true, and Mr. Biden’s counsel knows they are not true.
The order notes that Weiss brought charges against Biden as U.S. Attorney in Delaware prior to his appointment as special counsel and further notes that Biden's attorneys acknowledged that very fact in a prior pleading filed with the court before adding:
The misstatements in the current motion are not trivial. Mr. Weiss’s institution of charges against Mr. Biden in his capacity as U.S. Attorney offers a meaningful distinction between this case and the nonbinding district court decision on which Mr.Biden bases his motion. But Mr. Biden’s motion does not engage with this distinction; instead, counsel avoids the issue by misrepresenting the history of the proceedings.
This Court has little tolerance for lack of candor from counsel.
The order notes that Biden's counsel may withdraw or amend their pleading, but they still must show cause as to why they included the false statements in the first place.
Here's my prediction as to how Biden's legal team will play this: Attorney Mark Geragos (also known for representing such notables as former President Bill Clinton's business partner Susan McDougal, Roger Clinton Jr., former Congressman Gary Condit, Scott Petersen, Michael Jackson, Jussie Smollett — oh, and being implicated but not charged in Michael Avenatti's attempted extortion of Nike) recently (on July 3rd) entered his appearance for Biden, joining his legal team. Abbe Lowell is still co-counsel, but Geragos is the one who signed and filed the motion. My best guess is the legal team will plead miscommunication and confusion between the original legal team and the new one and issue multiple effusive mea culpas for their "inadvertent oversight."
Will Scarsi have mercy on them? We'll soon find out.
Posted by: Frank G ||
07/25/2024 06:07 ||
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#2
My best guess is the legal team will plead miscommunication and confusion between the original legal team and the new one and issue multiple effusive mea culpas for their "inadvertent oversight."
So, they are saying Hunter can't find competent representation?
#4
Is there some under-the-table deal where Joe steps down, avoids a 25th Amendment forced ouster and Hunter gets a Get-Out-Of-Jail card for his crimes?
[RedState] Nearly a week ago President Joe Biden abruptly canceled a speaking engagement in Las Vegas after mingling with voters at a local Mexican restaurant, the event organizers being the first to announce that Biden had tested positive for COVID and explaining that he was flying to his Delaware beach house to isolate.
In light of the Biden administration's poor record of truth-telling when it comes to POTUS' medical condition, many people questioned whether that COVID diagnosis was a convenient way to get Biden out of the spotlight for a few days, or if there was more to the story. Based on the reporting of Charlie Kirk and Jordan Schachtel, portions of which were confirmed independently by RedState's Brittany Sheehan, and exclusive details provided to RedState by a well-placed credible source, it seems that skepticism was justified. According to these sources, Biden had a sudden medical emergency and was headed toward University Medical Center trauma center before his team decided to "medivac" him out instead, and that medical emergency was some type of neurological event like a transient ischemic attack.
A credible source in a position to know, but who is not a medical professional, tells RedState that Biden displayed stroke-type symptoms leading to that decision to rush him to UMC:
US Secret Service diverted from the route to University Medical Center back to the tarmac when their doctor determined it wasn't a full stroke, and they could treat him on Air Force One.
The source added that it's now believed that Biden had a TIA.
Posted by: NoMoreBS ||
07/25/2024 00:00 ||
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#1
"Joe Biden Suffered Neurological Event Before Suddenly Leaving Las Vegas"
#9
The intelligence communities (IC) of both RU and the US run things. We enjoy the illusion of a republic. RU, not so much. Both enjoy non-stop Kabuci theater.
#13
"A president who, as the Mail exclusively reported, had to be rushed back on a supersonic Air Force One flight to Delaware last week" Uh, ... No. It's a 747. They're not supersonic. Try to get your facts straight.
Posted by: ed in texas ||
07/25/2024 12:11 Comments ||
Top||
#14
Ref #11
Honesty is a foreign concept to this Potemkin Village. Keen observers noted in the live broadcast of Biden's departure but the hands on his watch reads 12:38 but the live time was 8:10PM EST.
#16
Based on his address yesterday (?) his condition improved from that neurological event - another 50 or so and he might even be able to carry out the duties of the office.
#17
Based on his address yesterday (?) his condition improved from that neurological event - another 50 or so and he might even be able to carry out the duties of the office.
[Daily Mail,shere America gets its news] Thousands of Navy SEALs and service members negatively impacted by President Joe Biden's COVID-19 vaccine mandate scored a major win in court after a years-long legal battle. The mandate enacted in August 2021 led to the forced firing of over 8,000 service members who refused the shot on religious or medical grounds. Navy SEALs and other special operators suffered professional setbacks for refusing the vaccine, despite having their religious accommodation requests denied multiple times.
They were fired, denied trainings to advance in rank and, in some cases, even forced by the military to repay their initial signing bonuses between $4,000 and $7,000. SEALs and other special operations warfare troops were also told they would have to pay back the cost of their training by the federal government - hundreds of thousands of dollars - and hand over their hard-earned 'Trident' pin.
According to the settlement first obtained by DailyMail.com, service members who quit the Navy after being 'mistreated' will have their records corrected. In addition, the Navy also 'agreed to post a statement affirming the Navy's respect for religious service members.' The military will provide 'more training' for the actual commanders who review religious accommodation requests as well as change their policy. Lastly, the government will pay $1.5 million in attorneys' fees that accumulated over nearly four years of litigation.
Continued on Page 49
#1
...And a formal apology from their service branches would be key to be able to have trust restored, he added.
And some heads. Requirements that commissioned officers understand what they swore to uphold and defend. Prosecution of a number under Section 242 of Title 18.
#2
Reinstatement with backpay and promotion considerations as appropriate. If that is not possible, then honorable discharge with generous sep pay. We CANNOT afford to lose these people.
#5
Problem is only a couple thousand of the tens of thousands that quit or were forced out came back. They gave Uncle Sam the finger. Our military took a major competence hit when they all left.
It covers a lot of 2020 + voter/candidate facts, history and lies we were fed.
We have now witnessed three left-wing veritable coups.
In 2020, covert actors decided to ossify the Democratic primary races. Next, they conferred the nomination on a clearly cognitively challenged Joe Biden. He was now tasked with serving as a useful moderate vessel for a virtual, even more radical, Obama third term.
The same operators next assumed virtual control of Biden’s presidential agenda, given his accelerating cognitive decline.
When that charade could no longer be sustained, for a third time, they circumvented the normal transparent democratic process.
So, they removed the once useful but now a liability Biden—while insisting that he was still fit enough to keep the left in power—until the anticipated Harris victory in November.
And all of this was the shadow work of those who sanctimoniously lectured America that “democracy dies in darkness.”
Posted by: NN2N1 ||
07/25/2024 07:18 ||
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#10
Obama will endorse Harris as she was hand picked by him to replace Biden sometime in his first term to become the first black woman as President. It doesn't hurt him that she is dimwitted and easily manipulated. Only Jill Biden refusing to leave the WH delayed the takeover by months.
Obama believes it is in the Party's best interest for Harris to run for re-election, so, Joe is a dead man.
#19
CT: Trump has to win. It’s part of their plan. If you step back and look it’s obvious there is a greater design. If trump wins you can truly divide the country. An America divided can not stand. Or maybe not.
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trees were destroyed in the production of this weblog. We did hurt some, though. Sorry.