We are a commune of inquiring, skeptical, politically centrist, capitalist, anglophile, traditionalist New England Yankee humans, humanoids, and animals with many interests beyond and above politics. Each of us has had a high-school education (or GED), but all had ADD so didn't pay attention very well, especially the dogs. Each one of us does "try my best to be just like I am," and none of us enjoys working for others, including for Maggie, from whom we receive neither a nickel nor a dime. Freedom from nags, cranks, government, do-gooders, control-freaks and idiots is all that we ask for.
Our Recent Essays Behind the Front Page
Tuesday, January 10. 2023
New Medical Advice for Fat Kids Urges Drugs and Surgery Over Diet and Exercise
‘We don’t want to be Yale’: new University of Austin constructing a different model of excellence
Classified Documents Found At President Biden's Think Tank
Media Silent as Latest Twitter Files Expose Flagrant Misconduct in Govt. & Journalism
Biden’s Insult at the Border
Jordan Peterson’s License Fiasco Highlights Why Government Licensing Should Be Abolished
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"Government" licensing is generally farmed out to quasi-governmental organizations which hold a monopoly on the industry, controlling competition, restricting entry to the field. and regulating prices. The AMA. the Raisin Marketing Board, MLB, the Adhesives, Tape, and Glue Manufacturers of America (I'm assuming there's one), they all have the same end in mind and Adam Smith warned us about it 250 years ago. “People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices.”
'New Medical Advice for Fat Kids Urges Drugs and Surgery Over Diet and Exercise'
Hey, why not? If they cant get their own private parts lobbed off...
If there was justice in this world Biden's classified files would be a huge problem for him including the risk of felony charges. What the Dems and the FBI always knew was that the raid on Mar-A-Lago was Kabuki theater and the president is unique in our government and has absolute control over classified documents and the ability too declassify them and to hold onto them. The only dispute really was between those documents and the National Archive which boils down to merely who eventually gets to store them. There was never anything there except what they could contrive and get the MSM to exaggerate. But Bidens as VP and then ex-VP is in a different position, that is he basically broke the law, a felony, even dare I say "high crimes and misdemeanors". These two events aren't equal, not even close. now watch as the three letter government organizations struggle to hide this and the MSM either ignores it or tries to exonerate him. But, to quote Biden, this is a big F-n deal.
OneGuy: If there was justice in this world Biden's classified files would be a huge problem for him including the risk of felony charges.
Willfulness has to be proven in court. If Biden purposefully withheld documents relating to the national defense, then he could be charged. Similarly, to successfully prosecute Trump, it has to be shown that Trump intended to withhold documents relating to the national defense.
OneGuy: the ability too declassify them and to hold onto them
18 U.S. Code § 793 doesn't require the information be classified, only that the person knows that it was relating to the national defense.
OneGuy: The only dispute really was between those documents and the National Archive which boils down to merely who eventually gets to store them.
There's no dispute about that. Government documents belong to the government.
The FBI and DOJ Knew Biden Was Illegally In Possession of Classified Documents Before the Midterms — But Covered It Up Until Yesterday.
The question is "why"?.
That's only one of the questions that should be answered.
The documents were from Biden's time as VP. They were locked in a closet in a public building. Did he just lock them up in a closet and forget about them? Who else had access to that closet? Who else knew those documents were in the closet? Were they ever accessed while there? Apparently, the only control over the documents was a lock so there is no way to answer many of these questions which is even more serious and alarming.
The documents were not subject to a request from the National Archives. Why not?
The University of Pennsylvania was given $54M in Chinese donations, many of them anonymous. Was there any relationship between those donations and the recently found documents?
mudbug: Did he just lock them up in a closet and forget about them? Who else had access to that closet? Who else knew those documents were in the closet? Were they ever accessed while there?
All good questions, which is why an investigation has been opened.
But no FBI raid on residences, offices, or other places illicit classified documents might found??
It would be more than unusual for the Attorney General not to have known about this as soon as the news hit the DOJ. So should we expect the investigation into why it was kept quiet to go something like this:
AG Garland: When was the Attorney General informed of the classified documents found in a closet of a public building?
AG Garland: I found out about it the same day the lawyers found them.
AG Garland: I see... Did you inform anybody else of this situation?
AG Garland: No.
AG Garland: And why not?
AG Garland: As Attorney General, I am capable of handling situations like these myself.
AG Garland: And you saw no reason to inform the press? After all it was during the mid-term elections.
AG Garland: No. They are not responsible for taking care of situations such as this regardless of when they are known.
AG Garland: Well, that seems logical to me. After you found out about them, what did you do?
AG Garland: Why I investigated, of course!
AG Garland: And what did you find out?
AG Garland: I can't discuss an ongoing investigation.
AG Garland: Quite right. Keep up the good work.
AG Garland: Thank you, sir.
mudbug: But no FBI raid on residences, offices, or other places illicit classified documents might found??
In the United States, like other liberal democracies, a search warrant requires a showing of probable cause, and the evidence must be specific and recent. With Trump, the government provided the court recent evidence that there were documents marked classified and relating to the national defense at Mar-a-Lago. This was only after having subpoenaed the documents, and after Trump’s attorney attested that all such documents had been surrendered. None of this applies to the Biden situation.
AG Garland: I see... Did you inform anybody else of this situation?
AG Garland: No.
Actually, the Attorney General assigned a U.S. attorney, John Lausch of the Northern District of Illinois, appointed to the position under President Trump, to investigate.
I stand corrected. The question should have been, "Did you consider this newsworthy enough to tell any media?"
Wrong! Clearly you know nothing about classified documents. It is a felony to mishandle them, remove them, share them and to fail to protect them NO "willfulness" required, period.
As I stated the president is the one and only person who can declassify documents at will, carry them and store them at will and decide who to share them with at will. IF OBAMA had done what it appears that Biden has done then it would be impossible to prosecute him under the rules and laws that exist today. The president literally has carte blanche as it regards classified documents.
"Government documents belong to the government" Yes, correct with only one exception; the president has carte blanche to decide what and when to do with the documents at his pleasure. Every president who created a "presidential library" has 100's even 1000's of government documents displayed or available there. AND every president carried documents with them and brought them to their homes too.
OneGuy: Wrong! Clearly you know nothing about classified documents. It is a felony to mishandle them, remove them, share them and to fail to protect them NO "willfulness" required, period.
Gorin v. United States found "elements of scienter and bad faith which must be present" under the statute. As an example, if the CIA hires a klutz to courier classified documents, and he accidentally drops them in the lobby exposing them to unauthorized persons, he can't be prosecuted. He can be administratively punished, though.
OneGuy: As I stated the president is the one and only person who can declassify documents at will, carry them and store them at will and decide who to share them with at will.
Classification is neither sufficient nor necessary under 18 U.S. Code § 793. Classification is an administrative function. For instance, the government might classify embarrassing information that has nothing to do with national security, but that wouldn't be prosecutable under the statute.
OneGuy: Yes, correct with only one exception; the president has carte blanche to decide what and when to do with the documents at his pleasure.
That is incorrect. While the president is granted discretion in making the determination, it is not unbounded. Government product is government property. The president saying, "Dibs!" doesn't change that.
OneGuy: Every president who created a "presidential library" has 100's even 1000's of government documents displayed or available there.
In the discretion of the National Archives, which controls all such documents.
You can cite all the cases you want to it doesn't change the fact that where classified documents are concerned there is no "sorry I didn't mean to" No extenuating circumstances, no do overs, no forgiveness (except in a few recent cases involving democrats).
Interestingly it would appear that Biden may have shared these documents with Chinese spies. This may actually be a case of treason!!
Unlike President Trump, then-VP Joe Biden wasn’t the President when he took classified records with him when he left office.
Presidents have the constitutional and statutory power to declassify and take records when they leave office.
OneGuy: You can cite all the cases you want to
It's a Supreme Court case that sets the precedent regarding the Espionage Act. Ignoring the point doesn't make it go away.
OneGuy: Presidents have the constitutional and statutory power to declassify and take records when they leave office.
Classification is neither necessary nor sufficient under the Espionage Act. Ignoring the point doesn't make it go away.
OneGuy: Not VPs.
Vice Presidents have delegated classification authority under executive order.
This is a deliberately incomplete and obfuscatory statement. Under exec order VPs can classify docs--whether they can DECLASSIFY docs that they didn't originally classify themselves is unclear at best. Of course you know that because you just looked all this up like everybody else--it's just inconvenient to your narrative so you present a half truth.
Keep scrambling, and while you're at it answer the question asked earlier--why did DOJ suppress this?
Careful with your answers here--you might get your SSN# released--it seems to be a thing people do these days.
SK: Under exec order VPs can classify docs--whether they can DECLASSIFY docs that they didn't originally classify themselves is unclear at best.
Or was classified by the previous Vice President. Not much more can be said without knowing specifics of the documents. Regardless, they remain government property. It was appropriate that the Biden team surrendered them. In any case, classification is neither sufficient nor necessary for a violation of the Espionage Act.
Of course, maybe Trump Obama declassified them in his mind. Guess we’ll never know.
Willfulness is irrelevant when it comes to the security of classified documents. Every day someone in the military or intelligence agencies is prosecuted for mishandling classified docs. At a minimum, they usually lose their security clearance and their job.
Kevin in WI: Willfulness is irrelevant when it comes to the security of classified documents.
18 U.S. Code § 1924, the federal statute on unauthorized removal and retention of classified documents or material specifies intent as a necessary condition for a violation. Classified documents are defined under this statute as not only having been declared classified, but are pertaining to the national defense or foreign relations.
18 U.S. Code § 793, the federal Espionage Act does not specify intent, but Gorin v. United States found that the elements of scienter and bad faith must be present. Classification is not a component of this statute, only whether the information pertains to the national defense.
Kevin in WI: Every day someone in the military or intelligence agencies is prosecuted for mishandling classified docs.
Sure. For instance, Asia Janay Lavarello was convicted for taking classified documents to her home while working on a thesis during the COVID shutdown.
Kevin in WI: At a minimum, they usually lose their security clearance and their job.
That's not criminal, but administrative.
That new University of Austin sounds like the new Global Methodist Church in many ways....they don't want to be the United Methodist Church. No lifetime bishop appointments. Less red tape to ordination. Less bureaucracy. More focus on the real work of the church. Win/win!
Is there a bigger oxymoron than Joe Biden and think tank.
The actual tripledemic is money, power, and control. Dr. Osterholm mentions that it is the medical staff shortage that has created problems. He should answer for why a staff shortage exists. He may want to conference with Milley as the military also has a troop shortage. Can anyone say "MANDATES" for a EUA VAXX.
Fatties were rare growing up when we would hang around outside until dark and all of the additive ingredients weren't in use or just coming online.
Frankenfood fast food was a rare treat on the weekend as a reward along with a Coke.
The triple pandemic is the end result of the soft weak and neurotic status of contemporary society.
These things happen when the state is your daddy.
Are they getting ready to throw Brandon under the bus?
Then why the Potemkin optics in El Paso of removing all immigrants while he photo opped.