Daily Check-In 01/04/2018

It’s Thursday, or as they say in the native language of my people…Thursday.

 

TRUMP SENDS CEASE AND DESIST LETTER TO BANNON, ANOTHER TO MICHAEL WOLFF AND PUBLISHER OVER “FIRE & FURY” BOOK

This is rich. Trump’s legal team sent a cease and desist letter to Steve Bannon in regards to an interview in a book that place more than six months in a workplace where not only are non-disclosure agreements aren’t binding, but the reporter who wrote the book was given permission from complainant to interview everyone.

Let’s count the ways this won’t fly…

First, the NDA cited was signed in late 2016 for the Trump Campaign. The campaign ended with the election. The NDA, assuming it’s not worth less than toilet paper, which it is, would only apply to privileged events during the campaign. It would cease immediately upon the creation of the Trump Transition Team, since that was a separate legal entity.

Second, NDA’s can’t be applied to the White House. Everything that occurs in the day-to-day operation of the government is a matter of public record, aside from information restricted for security purposes. Because everything is on the public record, a non-disclosure agreement would be in direct violation of this. FUN FACT: The career politicians refused to sign the NDA’s before joining the White House, because they knew it wasn’t worth the toner used on the paper.

Next, Bannon gave his opinion on a topical event in the news as it was breaking, and talked about people and events he was not involved with. Trump wasn’t even the person Bannon was disparaging, it was Trump’s child, son-in-law, and a campaign staff member who was yet to be named the head of the campaign.

Trump’s standing for defamation is dubious at best. He’s a public figure, and the bar for libel and slander is VERY high. Not only would his team have to prove that what Bannon said was false, but that it was said with obvious malicious intent, and was intended to be injurious to the complainant. Trump would have to prove that Bannon was lying, knew it was a blatant lie, and intended to hurt Trump with this lie. This is a nearly unreachable legal bar to attain.

Finally, not only did Trump give permission for Bannon and the rest of the staff to speak to the author of the book, Trump took part in it, lambasting and attacking his staff and allies at every opportunity. Trump let Michael Wolff set up shop in the West Wing, and everyone and their mother talked with him, including Trump.

Trump doesn’t have a legal leg to stand on, and is trying to scare Bannon into staying silent. This will never see the light of day, but what it does do is create an enemy out of the head of one of Trump’s biggest supporters in Breitbart.

Worse yet for Trump, any attack in the courts against Bannon would likely be met with countersuits and motions to dismiss his precious NDA’s, which would open the floodgates for everyone who’s ever worked for Trump, but didn’t have the ability to fight him in court. Trump doesn’t hire good attorneys, because good attorneys wouldn’t work for him. Instead, he gets lousy attorneys from lousy law schools, that likely used the same boiler plate NDA for each and every Trump venture. All it would take is one lawsuit, and any and all NDA’s with that same language would be null and void.

By the way, Wolff taped dozens of hours of interviews.

 

WHITE HOUSE STAFF EXPECT MUELLER TO TAKE DOWN TRUMP

This book is the gift that keeps on giving.  Not only does everyone think he’s an idiot, but Mueller is going to destroy him.

Might explain the stress eating.

 

U.S. TO END POLICY THAT LET STATES DECIDE MARIJUANA RULES

The Associated Press reports that Attorney General Jeff Sessions has ordered the Department of Justice to roll back the Obama era orders that gave the states leeway on how and whether or not to prosecute marijuana related crimes.  This move may effectively end medicinal marijuana in the country.

Last year, more than 64,000 people died of opiod overdoses.  Not one person overdosed on THC, the active ingredient in marijuana.

I look forward to Jeff Sessions receiving his eventual comeuppance.

 

TWO MEMBERS OF FREEDOM CAUCUS CALLING FOR JEFF SESSIONS TO RESIGN

Two members of the Freedom Caucus, the extreme right wing of the Republican Party, also called the Tea Party, are asking for Jeff Sessions to resign.  This is being seen by anyone paying attention as an attempt to get Sessions out of the way so that Trump can get Mueller fired.

How?  Since Jeff Sessions recused himself from the Russian Investigation, that puts Rod Rosenstein as the only person who can fire Robert Mueller.  If Rod is fired and Jeff Sessions is still in the Attorney General position.  If Rod is fired now, the power to fire Mueller goes down the chain, not up.  But, theoretically, replacing Jeff Sessions would allow that power to go back up the chain, or at least let them choose a crony under Rod who would do their bidding.

At this point, Mueller has game planned this out. He knows that Trump will try to fire him at some point, and has likely prepared for that scenario.

One of the lawyers on his team is Michael Dreeben, the best Appeals Prosecutor alive. He is one of a handful of attorneys to argue over 100 cases before the Supreme Court, and he has won most of them.

Why do I bring this guy up? Because I think part of Mueller’s plan is for Trump to either try to pardon him and/or his family, and to fire Mueller. Both of those actions are unconstitutional and/or illegal, but have never been argued before in Federal court.

Here’s what I think will happen: as soon as Trump tries to fire Mueller, or attempt to pardon himself or his family, sealed indictments charging him with felonies of Obstruction of Justice, and a few other things, will be unsealed. Simultaneously, lawsuits will be filed in both criminal and civil court, claiming that these actions by Trump are unconstitutional, and that they should be immediately stopped with an injunction. The Appeals court issue the injunction, and this case will get fast tracked to the Supreme Court. As this is going on, the greatest leakstorm will flow, including tapes of Trump conspiring with the Russians to sway the election.

When I say immediately, I’m talking less than a week from the time Mueller is fired to showing up before SCOTUS, and the injunction would be filed the same day.

Who better to argue the case of a lifetime in front of the SCOTUS than the best lawyer alive?

 

BLOOMBERG: MONEY LAUNDERING IS SERIOUS, TOO.

I’ve talked before about Money Laundering.  Now, Bloomberg goes into some of what Bannon said in the book.

I’ve come to the conclusion that we may or may not see charges against Team Trump for espionage or treason, but we will definitely see some financial crime charges, including money laundering.

 

That’s is for today, so far.  It’s early in the day, though, and as every other time I write a post in the afternoon, something explodes at night.  I look forward to editing this post by 9pm EST.

 

Thank you, and have a good one.

“Without Journalists, it’s just propaganda.”

– Katy Tur

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