The Intelligence Community

No, DoJ, it doesn’t get to overrule the Judiciary. There is no mention in the Constitution of the “intelligence community.”

Why is the DoJ so desperate to prevent a Special Master, even one with security clearance, to view those documents the department asserts are classified? (The parties each have offered two candidates for the position, one of Trump’s candidates, in fact, sat on the FISA court. Is he less certain to do this job properly than the National Archivist?) There are several possible explanations for the desperation I can think of — none of which do credit to the attorney general. The first and most common supposition is that the documents which they claim must be kept even from the eyes of the Special Master relate to the FBI and DoJ’s role in fashioning and perpetrating the phony Russian Collusion fairytale. That would be damning indeed, and frankly, I see it as the most likely explanation…

So do I.

12 thoughts on “The Intelligence Community”

  1. No, DoJ, it [intelligence community] doesn’t get to overrule the Judiciary.

    How can you blame our DoJ for to trying to bring our system of justice up to modern international norms?

  2. No, DoJ, it doesn’t get to overrule the Judiciary. There is no mention in the Constitution of the “intelligence community.”

    Funny how you weren’t saying anything when DoJ was overruling congress 24+ months ago. There is no mention in the constitution of the DoJ or Attorney general either.

    But courts have decided on there is executive privilege and the DOJ, and the “intelligence community.” are part of the Executive Branch.

    “It may be possible to satisfy the court, from all the circumstances of the case, that there is a reasonable danger that compulsion of the evidence will expose military matters which, in the interest of national security, should not be divulged. When this is the case, the occasion for the privilege is appropriate, and the court should not jeopardize the security which the privilege is meant to protect by insisting upon an examination of the evidence, even by the judge alone, in chambers.” Id., at 10.

    here
    The current executive has determined this is classified and not the purview of the Judicial or a special master.

      1. Secret evidence with secret trials of a President leads to where?

        First we haven’t had a trial yet.
        We don’t know if it be a trial or what evidence would be presented. What does of a president have to do with anything? Why does being president give him any more rights than a Ken Ford?. Uneven scales of justice leads to?

        1. First we haven’t had a trial yet.
          Oh yes we are in trial. The trial of public opinion through selective leaks from the DoJ is well underway.

        2. “What does of a president have to do with anything? ”

          Sure, what does a secret trial with secret evidence for a President have to do with anything? There couldn’t be any possible implications of such actions. Jailing Presidents is just a common thing and doing it all in secret is even more normal and totally comports with our democratic institutions and dare I say, soul of our civilization.

        3. Why does being president give him any more rights than a Ken Ford?.

          Not more rights, but there is a key difference. Trump had the power to de-classify any or all of what was in his possession, Ken Ford had no such power. However this situation is tricky. First it’s not clear Trump actually followed the correct process for de-classification, but that is a nit. The REAL issue is that apparently a previously declassified document CAN be reclassified if it was not subsequently put in the public domain (see para 24). As the old saying goes, looks like the Biden DoJ wants not only to have its cake but eat it too! This is about as close to an Ex Post Facto illegality as is possible in the US.

    1. and not the purview of the Judicial or a special master

      Nonsense. Not if the special master has security clearances up to the level of the documents in question. Which the Trump team has already provided the court with names of such (and IIRC so has the DoJ). This is a judicial opinion and as always, subject to appeal and is not text of the Constitution. If the DoJ wishes to appeal the special master finding and it swings so can Trump’s attorneys and it can and it will likely go all the way to the Supreme Court which I suspect will rule in Trump’s favor.

      1. Nonsense. Not if the special master has security clearances up to the level of the documents in question.

        Done.

        In an order Thursday, Judge Cannon named Raymond J. Dearie, a former chief federal judge in New York, as a special master to assess the seized materials to determine whether they are protected by any privileges, and make recommendations over any disputes between the government and Mr. Trump about how the items are characterized. Mr. Trump’s legal team had recommended Mr. Dearie to the post, and the Justice Department said he was an acceptable choice.

  3. “The first and most common supposition is that the documents which they claim must be kept even from the eyes of the Special Master relate to the FBI and DoJ’s role in fashioning and perpetrating the phony Russian Collusion fairytale. ”

    We don’t know what documents the DOJ has or what documents Trump had. The leaks don’t tell us much of anything but they are useful for the trial by media. A point that needs repeated, hard to argue everything needs to be kept secret when the DOJ leaks it.

    Trump declassified all of those documents and the DOJ has refused to release them. But who knows what they have? It is all just speculation until the public gets to see what the evidence is and what Trump is being investigated for. Right now, the public knows nothing except what the DOJ leaks and secret trials based on secret evidence of a former President and likely candidate leads our country down a path of no return.

    What that looks like isn’t predictable. The Democrats turn toward dictatorship might not work out like they plan.

  4. This thread seems the closest topic-wise to this news item:

    RIP Ken Starr

    No news as yet as to whether a suicide note was found on Hillary’s email server.

    There’s little doubt in my mind the Whitewater Investigation and it’s, twisty winding path to the Lewinsky Affair, cost Starr a potential Supreme Court nomination.

    He probably should have taken a pass. Also people seem to forget that it was AG Reno that approved Starr going into the Lewinsky Affair.

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