Saturday, June 13, 2020

De-Cloaking Gyges

@3:57..."you will NOT hear a single bit of this on cable news..."

...as the Cloakers continue to cover for his majesty, Lord Obama. Meanwhile, the saga continues:

Sundance, "Understanding Likelihood of DC Circuit Denying Petition for Writ of Mandamus…."
After listening to oral arguments in the DC Circuit Court for the Flynn petition for a Writ of Mandamus (appeals court intervention); it seems very likely the panel of three judges will deny the Flynn defense and DOJ request, here’s why….

For the past decade CTH has been accurate in predicting these judicial events based on one overarching principle. The issues at hand are political arguments being made in the sphere of legal proceedings. As a consequence, all judicial proceeding continue -regardless of legal merit- until such time as they run into the final barrier of legal standing.

This same principle played out in the George Zimmerman case (Trayvon Martin). This same principle played out in the Baltimore Six case (Freddie Gray). A modified version of this principle played out in the Darren Wilson case (Michael Brown).

In the assembly of each prosecution there was no legal basis for the underlying case to proceed into the judicial branch, and yet those proceedings continued. They continued because the case travel is based on politics, not law. This is the essence of Lawfare.

As soon as the political runway of the case runs-out; then, and only then, does the case itself run into the law, and the case collapses. The Michael Flynn case is still on the political runway; and the DC Circuit will not intervene as long as the runway still exists.

Again, these are political cases being tried in the judiciary. Most lawyers who review these cases, and follow the underlying aspects, continually view the activity through the wrong prism, because they do not accept that politics is the driving force. Not law, politics.

In each example, based on the fortitude of the defendant; which assumes the pressure is withstood and acquiescence to a plea does not happen; there does -eventually- come a time when statutory law and the underlying factual evidence is confronted. When those end-of-runway moments are reached, the cases collapse on their lack of merit because they were built upon false political foundations. Notice it is only at the moment the political runway terminates that we find ourselves witnessing the legal collapse.

Thus we saw George Zimmerman found not-guilty because the underlying case was devoid of merit and built upon political fraud. Thus we saw the Baltimore Six found not-guilty and remaining cases dispatched because the underlying case(s) were devoid of merit and the public evidence was built upon political fraud. Thus we saw a Grand Jury no-true bill finding in the Darren Wilson case because it was devoid of merit and the underlying (public) evidence was built upon political fraud. Same. Same. Same.

In the oral arguments today the DC Circuit panel recognized there was still a great deal of political runway to travel as they questioned why they should intervene prior to a ruling by Judge Emett Sullivan on the unopposed motion to dismiss.

Behind their arguments, unspoken but visible, was a familiar position. There is still distance on the political runway before Sullivan’s July 16, 2020, District Court hearing and ultimately a ruling on the unopposed DOJ and Defense standing motion for dismissal.

Judge Sullivan’s lawyer, Beth A. Wilkinson, argued Judge Sullivan’s request for an amicus briefing is moot to the interests of superior court intervention because the DC Circuit cannot evaluate Judge Sullivan’s intent until after he issues his ruling on the unopposed motion to dismiss. That argument is what the panel wanted; that’s what the panel needed; that’s what the panel received. Thus, there’s plenty of political runway yet to be traveled.

Each of these political cases has a similar, perhaps identical, trajectory. Each case seems to use the same airport; albeit with different lengths of runway; and each case travels that runway regardless of merit or legal standing for the underlying case.

Standing on the sidelines, viewing cases through the prism of the rule-of-law, while watching cases traveling on the runway of politics is frustrating. Accepting the political motives of each case will lower blood pressure and save energy for the moment that really does matter, when the political runway is exhausted and legal statutes and principles do indeed apply.

Until the moment the value of politics expires, all judicial activity is an exercise in futility…. unless a target happens to come across a judge who will not support the politics of it (ie. Judge Andrew Hanen), but that is increasingly rare.

As long as a superior court judge, or panel of judges, can find a scintilla of legal space to justify political continuance, they will.

After two decades of this political metastasis, and despite the efforts of some lower courts trying to block it, even the U.S. supreme court is now infected.

If you find yourself as a target for one of these political cases, don’t hire a lawyer well versed in the legal aspects of your case; start first with a lawyer well versed in politics. One that is not afraid to take your case loud and public.
CTH - Breaking through the HyperNormalised Hyper-Realities of our time.

43 comments:

The Prophet Dervish Z Sanders said...
This comment has been removed by the author.
The Prophet Dervish Z Sanders said...

That Bill Gates is using 5G to spread the coronavirus is another story the MSM refuses to cover. Face it, the enemedia/deep state cabal is too powerful! Even Dotard, "the people's predisent"*, cannot stop them! Hahahahaha!!

*The people being Robert Mercer, Sheldon Adelson and Vladimir Putin.

-FJ the Dangerous and Extreme MAGA Jew said...

lol! Keep Tweeting, Mr. President! Every Tweet exposes the other side of the cloak to the ridicule it deserves. :)

The Prophet Dervish Z Sanders said...

Dotard's tweets expose himself to the ridicule he deserves. That said, Twitter should have kicked him off their platform long ago -- for inciting violence. Dotard is a FOOL and so is anyone who believes he is smart and a good leader.

Joe Conservative said...

...at least Trump admirers are not castrated little post-modern anti-authoritarian b*tches, unwilling to tolerate a single externally imposed prohibition like ALL Democrats are. :)

Joe Conservative said...

:)

The Prophet Dervish Z Sanders said...

I'm sure you'd like it if men who vote Democratic were castrated. Unfortunately (for you) the Democratic-voting population is increasing their numbers faster than the republican voting population is increasing their numbers. Demographic changes (more minorities) means more purple states will go solidly blue as time goes on ("castrated" men can't have offspring).

The rest of what you write sounds like a string of praises. Yes, Democrats are anti-authoritarian. And Democrats DEFINITELY are "unwilling to tolerate a single externally imposed prohibition"... If you're talking about Putin externally imposing his will on the United States via his puppet, Dotard.

-FJ the Dangerous and Extreme MAGA Jew said...

In other words, "Democrats are Global Capitalisms staunchest Allies". That what pathological anti-authoritarianism means. It's purely reactionary as to prohibition.

-FJ the Dangerous and Extreme MAGA Jew said...

...and yes, you are self-castrating to the point that todau Only Black lives matter to you.

The Prophet Dervish Z Sanders said...

So, when gwb said "If this were a dictatorship it would be a heck of a lot easier... as long as I'm the dictator" you agreed -- except you thought the dictator should be someone like Dotard? Do you really think that's going to happen? After the next election Dotard will somehow be "predisent for life"?

btw, republicans are global capitalism's staunchest allies. And Dotard is definitely republican in that regard.

"Only black lives matter to you" is bullshit. There is no "only" in the slogan... except in your White Nationalist delusions.

-FJ the Dangerous and Extreme MAGA Jew said...

I think that like Rome and Ecclesiastes, there is a "time for every season". The President's War Powers are "dictatorial". His Peace Powers are not. Don't want Trump to be a dictator? Don't authorize any wars.

-FJ the Dangerous and Extreme MAGA Jew said...

btw - Any Black Lives Matters people concerned about railroading policemen on false murder charges? Nope. Here are 6 reasons why "murder" was the wrong charge guaranteed to fail. It puts to the lie that BLM is really "all lives matter" but we need to focus on blacks at the moment. No they don't. Lives don't matter to BLM supporters, or they wouldn't proceed as recklessly as they do. But they =HAVE to be reckless because there is NO Racism in the PD's, systemic or otherwise sanctioned. Their entire cause is a sham scapegoat religion.

The Prophet Dervish Z Sanders said...

...there is NO Racism in the PD's, systemic or otherwise sanctioned.

White Nationalist bullshit. BS the public does not agree with. btw, the author of the article does not say he thinks the officer who murdered George Floyd is innocent. The author argues that Chauvin is guilty of AT LEAST manslaughter. I say it was murder, but I had nothing to do with the charging and am not a lawyer. I don't know if the charges were correct, strategically speaking. But someone charged with the crime can always be found guilty of a lesser charge. It isn't a choice of AS CHARGED or innocent. If a DA overcharges it's the right thing to do to "punish" the DA (and deny justice to the victim and their family)??

Why George Floyd's killer should face first-degree murder charges. (excerpt) Chauvin pushes his knee against Floyd's neck to the pavement for eight minutes and 46 seconds... Two minutes and 53 seconds of this occurred after Floyd's eyes were closed and he appears unconscious. ... Experts hired by Floyd's family and the Hennepin County Examiner concluded that his death was a homicide.

...the totality of the circumstances here dictates that Chauvin should be charged with first-degree murder. ... Under Minnesota law, a person who causes the death of a human being with premeditation and with intent to effect the death of the person is guilty of first-degree murder. Minnesota case law has held that, a finding of premeditation does not require proof of extensive planning or preparation to kill, nor does it require any specific period of time for deliberation.

Floyd was unarmed, in handcuffs, and he wasn't actively resisting. In fact, he wasn't even moving. He was, however, begging for his life until he lied motionless. Chauvin violated police policy and continued to apply pressure against his neck. These moments demand accountability by those that we hold in a position of trust. [end excerpt]

-FJ the Dangerous and Extreme MAGA Jew said...

What Minneapolis PD policy did Chauvin violate? LOL!

-FJ the Dangerous and Extreme MAGA Jew said...

This was the authors ACTUAL conclusion:

There are six crucial pieces of information — six facts — that have been largely omitted from discussion on the Chauvin’s conduct. Taken together, they likely exonerate the officer of a murder charge. Rather than indicating illegal and excessive force, they instead show an officer who rigidly followed the procedures deemed appropriate by the Minneapolis Police Department (MPD). The evidence points to the MPD and the local political establishment, rather than the individual officer, as ultimately responsible for George Floyd’s death.

Game-Set-Match.

The Prophet Dervish Z Sanders said...

The author is wrong. Police procedure does not say officers should keep their knee on a suspect's neck even after they have confirmed that the suspect is no longer breathing nor has a pulse -- to make SURE the suspect is dead. The MPD and the local political establishment never deemed murder appropriate.

-FJ the Dangerous and Extreme MAGA Jew said...

lol! Tell that to Tony Timpa's parents...

The Prophet Dervish Z Sanders said...

Tell them what? That assholes like you laugh at their pain and celebrate the failure of the system to hold murdering cops responsible? I'm sure they're aware.

-FJ the Dangerous and Extreme MAGA Jew said...

No, we laught at idiots like you who think that the cops "know" when a suspect being restrained stops breathing.

-FJ the Dangerous and Extreme MAGA Jew said...

Tony Timpa made it into the bambalance and the cops STILL didn't know with any certainty.

-FJ the Dangerous and Extreme MAGA Jew said...

Captain Dervy Hindsight, renowned genius in rear view mirror analyses.

The Prophet Dervish Z Sanders said...

Because they didn't care about his life enough to take care. As proven by their laughter. Hindsight has NOTHING to do with it. They've just got to take their jobs seriously and not view what they do as an opportunity to bash heads (as encouraged by Dotard).

Quote: Their laughter continued after he stopped moving or making any sounds. [end quote]

Tony Timpa committed NO CRIME. The cops should have been there to HELP him. Instead they murdered him. Empathy and taking their job seriously was what was needed. PROTECT AND SERVE.

-FJ the Dangerous and Extreme MAGA Jew said...

The cops were all charged and all got off.

-FJ the Dangerous and Extreme MAGA Jew said...

btw- Doctors kill thousands of minorities every week. When are you going to start making THEM wear bodycams?

-FJ the Dangerous and Extreme MAGA Jew said...

...especially the abortionists.

The Prophet Dervish Z Sanders said...

The cops were charged and "got off" because of institutional racism and a rigged system, NOT because they were innocent. Why systemic changed is needed. Doctors try to save lives. They don't cut people open, stand there and laugh, then get confused when the patient dies. And abortion providers kill NOBODY. Excepting the ones who break the law like Kermit Gosnell. And those murderers go to prison. Just as murdering cops should.

-FJ the Dangerous and Extreme MAGA Jew said...

They got off because institutional racism gets cops off for murdering white people... *Tony Timpa rolls over in his grave*

-FJ the Dangerous and Extreme MAGA Jew said...

How would you ACTUALLY know that about doctors unless they wore bodycams? You ASSUME too much, perhaps.

The Prophet Dervish Z Sanders said...

Of course cops kill White people too. Because they believe they are the administers of "state sanctioned violence" (as you put it). As opposed to believing their job is to protect and serve. Those kinds of people should not be police officers. As for the institutional racism component, (as you said) Black people are "more systemically deserving of a thumping".

Joe Conservative said...

Because the system is design to thump all who resort to violence during the arrest process. And lets face it, black people must LOVE a good thumping because they resist arrest in a proportion much greater than their demographic representation in the general population. :)

Joe Conservative said...

African Americans in San Francisco are cited for resisting arrest at a rate eight times greater than whites even when serious crimes are not involved, according to statistics drawn from court records.

From January 2010 to April 24 of this year, law enforcement officers cited suspects with resisting arrest 9,633 times in cases where the suspect was not charged with a felony. African Americans accounted for 45 percent of those cited, even though they make up just 6 percent of the city’s population.

The Prophet Dervish Z Sanders said...

"Resisting" arrest = being arrested while Black.

Joe Conservative said...

= being arrested while Stupid.

The Prophet Dervish Z Sanders said...

your comment above = more of your "Blacks are stupid" racism.

-FJ the Dangerous and Extreme MAGA Jew said...

Some blacks are VERY stupid. Tell me that you don't agree. If you can't, THAT is proof of your racism.

The Prophet Dervish Z Sanders said...

The 8 percent who voted for Dotard in 2016 are stupid. And those who haven't acknowledged they made a mistake (and plan on voting for him again) are very stupid. And I'd bet that most of the 92 percent of African Americans who voted for HRC would agree with me. You disagree because you're a racist.

-FJ the Dangerous and Extreme MAGA Jew said...

So only 8 percent are stupid. Would you agree that half are "below average" in black average intelligence?

-FJ the Dangerous and Extreme MAGA Jew said...

The 8 percent who voted for Trump are stupid, and the 42% who voted for Hillary were merely "below average" in intelligence.

Sounds like a lot more below average blacks voted for Hillary than Trump.

-FJ the Dangerous and Extreme MAGA Jew said...

5x more.

The Prophet Dervish Z Sanders said...

African Americans who voted for HRC did so because they are smart.

Joe Conservative said...

So there were no below average black intelligence people who voted for Hillary? But then how did she win the national popular vote? Tis a puzzlement.

Joe Conservative said...

"Instead of perversely enjoying our guilt (and thereby patronizing the true victims), we need active solidarity: guilt and victimhood immobilize us. Only all of us together, treating ourselves and each other as responsible adults, can beat racism and sexism." - Slavoj Zizek

Hear, Hear!

The Prophet Dervish Z Sanders said...

Bullshit. I don't perversely enjoy my guilt. I don't have any guilt. And you can't beat something by pretending it doesn't exist.