Posted on 05/22/2018 9:28:37 AM PDT by Proud White Trump Supporter
Seventeen Republican lawmakers, led by Rep. Lee Zeldin (R-NY), submitted a resolution Tuesday demanding the appointment of a second special counsel to probe misconduct by Justice Department and FBI officials during the 2016 presidential election.
~~~
The 12-page resolution requested the Justice Department to appoint a second special counsel to probe matters associated to three topics: the ending of the investigation into Hillary Clintons personal email server, the progress of the Trump-Russia investigation from its origins through the appointment of Robert Mueller as special counsel, and abuses of the Foreign Intelligence Surveillance Act (FISA) during the warrant application process.
(Excerpt) Read more at breitbart.com ...
Sessions is the actual plant the whole time.
The collusion investigation is pure deflection, just accuse the other side of what you are guilty of doing. Appointing Mueller was the masterstroke, his task is to mop it all up for them while everyone is looking the other way.
What’s the Constitutional support for the FBI?
IANAL, but AFAIK a US Attorney can empanel a grand jury anywhere in the country.
9-11.121 - Venue Limitations
A case should not be presented to a grand jury in a district unless venue for the offense lies in that district.
......................That claim is almost certainly false. As any experienced criminal lawyer knows, a grand jury indictment will not hold up unless there is proper venue for that indictment where the grand jury is located. In simple terms, there has to be a substantial connection between the crime and the location of the indictment not only is that a federal rule, but it’s in the U.S. Constitution.....
OK good point but that isn’t exactly responsive. The question is can Huber from Utah empanel a grand jury in Arkansas, or Virginia?
More to the point, couldn’t Sessions reassign him to any district he wants?
he can be temporarily detailed there or more likely his assistants made special assistant us attorneys for other districts or detailed there imo.
most us govt employees are subject to temporary details to other areas and locations where they are needed.
its possible but not apparent in the letter from sessions to think he or his subordinates are holding grand juries outside of Utah:
.....make recommendations...
Mr. Huber is conducting his work from outside the Washinton D.C. area and in cooperation with the Inspector General.....
Good idea .
With one addition.
The resolution needs to mention a RICO ( Racketeering , Influence , Corrupt Organization) investigation.There clearly was and is an organization within government which held itself above the law, a criminal syndicate very similar to the mafia. They need to destroy it.
For a federal crime does jurisdiction matter?
For a crime across jurisdictions, is there a some measurement to determine the jurisdiction of the GJ? For example Utah is home to a large number of server farms. If data was sent to or from one of these servers would that make it a legal venue?
I’ve made several posts pointing out that Jeff doesn’t want his gay file with Judge William Pryor to get out. He’s been under the FBI’s thumb for 30 years.
You're going to need to argue this with constitutionally-based reasoning. I find nothing in the Constitution to authorize Congress delegating it's powers to another branch with or without "relinquishing". However, there is plenty to forbid this including, again, violation of separation of powers.
This is how the unconstitutional fourth branch - the so-called Administrative State (AS) or Regulatory State - was formed with its "independent" agencies with powers unchecked by any constitutional limitations. And it began with the same nominal "without relinquishing" as you argue here. But gradually, once "the camel's nose was in the tent" (that is ALL the Left needs) nobody paid attention and thus the unconstitutional AS was born
This "special counsel" is more of the same with the predictably resulting convoluted conflicts of interest and unaccountable acts and functions functions .
The relationship between the branches is that of "checks and balances" in a kind of opposition to each other like the pans of a double-pan balancing scale, not for one branch, especially the elected legislative branch, to delegate their politically-sensitive responsibilities to another branch's unelected department or personnel. Again, that is how the AS was born.
The excuse Congress has used to do this for way too many years is the Necessary and Proper Clause (N&P) to delegate it's growing list of responsibilities elsewhere.
The refutation of that excuse is
1) Most congressional activity is unconstitutional and should be scrapped, and
2) To enable congressional justification, the Court has without explanation, unconstitutionally dropped the "Proper" part of the N&P clause (because the Left always wrests the Constitution in favor of more and more government). Nevertheless, "PROPER" is the issue and for the reasons given delegation by one branch to another is improper and unconstitutional regardless of "relinquishment".
We need to push for MAGA by RESTORING the Constitution as originally understood and intended which includes scrapping this convoluted and constitutionally unsupportable "special counsel".
[The President] shall take Care that the Laws be faithfully executed art. II, sec. 3, coupled with the Necessary and Proper Clause art. I, sec. 8, cl. 18.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.