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Democrats Are Strangling The Constitution

By: Jeffrey Winograd

Events over that past month or so have cast a dark shadow over American democracy and history will eventually place the blame squarely on the Democrats, albeit with help from some Republicans.

What took place on Capitol Hill on January 6 was a totally transparent view of American citizens clearly exercising their lawful rights under the First Amendment to the Constitution which states:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

Those happenings are clearly separate and distinct from what occurred inside the Capitol.

It was the unfortunate invasion of the Capitol itself, which with just a modicum of proper security measures would never have happened, that has been distorted beyond recognition to suit what is likely to play out as an un-American, unprecedented and naked political stranglehold.

Here are some occurrences that cannot be distorted to fit a Democratic narrative and have the potential to topple the constitutional order carefully crafted by our Founding Fathers.

Override of Trump Veto

In his veto message to the House of Representatives for H.R. 6395, the National Defense Authorization Act for Fiscal Year 2021, President Trump cited the failure of Congress to either repeal or “even make any meaningful changes” to Section 230 of the Communications Decency Act.

While stressing the national security aspects of Section 230, Trump certainly had another issue in mind.

As generally understood, with this provision intact, Big Tech – Twitter, Facebook, Google and Apple – can exercise unfettered power to censor and even ban the use of their services without any legal consequences.

Events over the past 72 hours make clear the implications to the First Amendment rights of free speech and a free press.

Twitter and Facebook ban the president of the United States! Amazon is about to deny its computer services to Parler, which is a growing alternative to Twitter now favored by conservatives! Apple and Google has suddenly denied access to the Parler app which was still available to this reporter on the afternoon of January 10! (Here is an informative article).

Both the House of Representatives and the Senate voted to override the presidential veto, an act which required bipartisan support of at least two-thirds of both bodies.

Pelosi Plays Nuclear Football

On January 7, the octogenarian Nancy Pelosi (D-CA), speaker of the House of Representatives, expressed her outrage over the invasion of the “temple of our democracy.”

In a written message to fellow House Democrats, Pelosi, Washington’s top unpaid lobbyist for the plastic surgery industry, called on Vice President Pence “to remove the President by immediately invoking the 25th Amendment” to the Constitution.

Pelosi also threatened impeachment of President Trump which “is the overwhelming sentiment of my caucus, and the American people, by the way.”

She went on to accuse Trump of “inciting sedition” and “incitement of insurrection.”

Yes, this is the same Pelosi who, behind the president’s back and in full view of a prime-time national television audience, tore up Trump’s State of the Union message.

Her finale was this:

“Preventing an Unhinged President From Using the Nuclear Codes: This morning, I spoke to the Chairman of the Joint Chiefs of Staff Mark Milley to discuss available precautions for preventing an unstable president from initiating military hostilities or accessing the launch codes and ordering a nuclear strike. The situation of this unhinged President could not be more dangerous, and we must do everything that we can to protect the American people from his unbalanced assault on our country and our democracy.”

Perhaps Pelosi should remember the principle of civilian control over the military and the words of Article II, Section 2, of the Constitution:

“The President shall be Commander in Chief of the Army and Navy of the United States.”

Latest Version of Book Burning

“Simon & Schuster has canceled its planned June publication of ‘The Tyranny of Big Tech’ by Sen. Josh Hawley, one of the main drivers in the Republican effort to challenge the Electoral College results that led to the attack on the Capitol on Wednesday,” Publishers Weekly reported on June 8.

Simon & Schuster said it took the action “after witnessing the disturbing, deadly insurrection that took place in Washington, D.C.”

The company added that it had to balance its responsibility as a major publisher to offer a platform for a variety of opinions against its “public responsibility as citizens.”

Translation – Hawley (R-MO) should be silenced because he chose to exercise his constitutional responsibility as a senator pursuant to Article II, Section 1, of the Constitution.

No shrinking violet, Hawley responded via Twitter:

“This could not be more Orwellian. Simon & Shuster is cancelling my contract because I was representing my constituents, leading a debate on the Senate floor on voter integrity, which they have now decided to redefine as sedition. Let me be clear, this is not just a contract dispute. It’s a direct assault on the First Amendment. Only approved speech can now be published. This is the Left looking to cancel everyone they don’t approve of. I will fight this cancel culture with everything I have. We’ll see you in court.”

Privatizing Elections

It is widely acknowledged that private funding flowed into public election agencies

Is this actually possible or even legal?

Well, if you are head honcho of Facebook, namely Mark Zuckerberg, you can apparently get away with it.

Zuckerberg and his wife, jointly, contributed some $400 million to election agencies.

And now, Facebook cancels or bans those who question the integrity of the 2020 presidential elections.

Creating A New State

Since Election Day, Democrats have been licking their lips but otherwise keeping close-mouthed about negating a provision in Article I, Section 8, of the Constitution in order to expand the Electoral College and gain three more votes.

This provision states that Congress shall have the power:

“To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States ….”

In other words, transform the District of Columbia into a new state, with two senators and one representative.

Who will stand in their way?

Utter Silence From Democrats

During a recent interview, Joe Biden had a chance to steer the ship of state back to a constitutional course but chose, in his own inimitable style, to compare Senator Hawley and Senator Ted Cruz (R-TX) to the likes of Nazi propaganda guru Joseph Goebbels.

If Hawley and Cruz keep preaching the “big lie” often enough, people will begin to believe them, Biden said.

Just as Goebbels convinced even the American press that 25,00 or 250,000 German civilians died during the World War II allied firebombing of Dresden in 1945, the senators want to keep promoting the big lie of election fraud, he added.

Biden, the soon-to-be leader of the free world, suggested the real number was 250 or 2,500 fatalities but he likely lowballed that figure by at least 15,000.

And, throughout this entire period, not one Democratic senator or congressman publicly acknowledged that there were any possible election-tilting illegalities or irregularities in such states as Arizona, Georgia, Michigan, Pennsylvania and Wisconsin.

As they say, you can’t make it up!

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Trump, A Democratic Criminal Enterprise, RICO And The Truth

By: Jeffrey Winograd

The United States is on the brink of political Armageddon – a decisive conflict with virtually anonymous federal and states jurists siding with a corrupt Democratic criminal enterprise in total disregard for finding the truth.

That is essentially what has been happening while President Donald Trump has been seeking recourse in the halls of justice to establish whether the 2020 presidential election process was illegally undermined.

Judges in Michigan, Wisconsin, Nevada, Arizona, Georgia and Pennsylvania have demonstrated they lack the wisdom and courage to discover the truth.

For example, a judge in Michigan rejected the admissibility of the sworn, under penalty of perjury, affidavit of Jessy Jacob, a Detroit city employee, who made various allegations regarding the coaching of voters and offering of specific illegal voting instructions.

Why the rejection? Because she didn’t name parties and provide dates, as if this problem could not have been easily cured by questioning before the bench.

Now, a federal district court judge in Pennsylvania has tossed out a key lawsuit brought in behalf of Trump and individual voters.

In the words of Judge Matthew Brann, an Obama appointee who sits in the United States District Court for the Middle District of Pennsylvania: “Among the grounds that could justify a denial of leave to amend [the lawsuit] are undue delay, bad faith, dilatory motive, prejudice, and futility.”

How is that for an objective legal opinion!

No Time for Pussyfooting

The time is now for President Donald Trump to play his trump card – his decisive ultimate resource – against the combined forces that have been arrayed against him since he first announced his candidacy for the presidency.

His game-changing weapon is the Racketeer Influenced and Corrupt Organization Act, popularly known as RICO.

This is a strongly recommended course of action that is separate and apart from Trump’s current legal challenges to the still unofficial election results.

To explain why there is no time to lose, just a bit of background.

Biased News Media

President Trump’s legal team, during a November 19 press conference at the Republican National Committee headquarters on Capitol Hill, laid out in sufficient detail the legal causes of action the president and others believe are legally sufficient to overturn the election results in Michigan, Wisconsin and Georgia, with similar possibilities in Pennsylvania, Arizona and Nevada.

Unfortunately, the news media has been content to disparage the performance and physical appearance of Rudy Giuliani, Trump’s top lawyer, and the allegations, albeit without a full explanation, of Sidney Powell, a key member of the team.

Full and accurate reporting has fallen by the wayside, and the general public is not only misinformed but outright deceived by the Fourth Estate which is in bed with the Democratic cabal supposedly under the incorruptible (just forget about the lucrative business dealings of his son, Hunter, in Ukraine and China) leadership of Joe Biden.

One reporter wrote that Giuliani “urged reporters to look into [the] affidavit” of the aforementioned Jessy Jacob, but inaccurately concluded that “the president’s legal team offered no evidence to support their claims, yet berated the media for not covering them.”

Well, here is a bit of legalese that should cause Dylan Stableford a bit of embarrassment had he heeded the advice of Giuliani to read the publicly available affidavits.

According to LegalNature:

“An affidavit is admissible evidence, although some courts may require you to testify to the affidavit or they may consider it hearsay. Since hearsay is not admissible as evidence, your affidavit may not be used for evidence if someone objects to it unless you testify.”    

To sum up, the public is being fed shoddy, faulty and outright biased reporting – a condition which allows judges to act with impunity and anti-Trump animus.

And it is not outside the realm of reality that the Supreme Court of the United States will do everything possible to avoid getting involved.

Giuliani’s List of Allegations

Here is a sampling of allegations made by Giuliani, which he must prove in court, during the press conference;

  • With Biden ahead in Pennsylvania by 69,140 votes, there are some 682,000 mail-in ballots which underwent no inspection.
  • The secretary of the Commonwealth of Pennsylvania permitted ballots to be cured (mistakes corrected) in Philadelphia and Pittsburg, but not in other locations.
  • In Pittsburg, there were some 17,000 provisional ballots completed. Of these, 15,000 were from people who came to vote in person and were told they had already voted.
  • In Detroit, the aforementioned Jessy Jacobs, in an affidavit, stated she was told to change the date of receipt on absentee ballots, not to ask for valid identification, not to invalidate any ballots, not to look for any deficiencies and not to look for signatures.
  • In Detroit, at approximately 4:30 a.m., on November 4, trucks came to the rear entrance of the ballot processing facility and allegedly delivered ballots stuffed in garbage cans, paper bags and cardboard boxes. The estimated number of said ballots was between 50,000 to 100,000. 
  • With Biden ahead in Wisconsin by 20,554 votes, there were some 60,000 absentee ballots received in Milwaukee and some 40,000 absentee ballots received in Madison with no applications on file requesting an absentee ballot.
  • In numerous Wisconsin precincts, there were overvotes as high as 150%, 200% and 300%. This means more votes were supposedly cast than the number of actual registered voters.

Giuliani repeatedly asked reporters to read the court filings and the affidavits that were publicly available. He also said he could not publicly release any of the affidavits without permission of the individuals submitting the affidavits. In addition, there is a reasonable likelihood that those who submitted affidavits would encounter threats to themselves and family members, Giuliani said.

A previous article on this site include a must-see list of allegations of wrong-doing in several battleground states.

Applicability of RICO

18 U.S. Code CHAPTER 96—RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS seemingly lays out the way for Trump to fight back with a series of civil lawsuits in a number of United States District Courts.

What constitutes “racketeering activity?” A glance at 18 U.S. Code §1961 offers relevant title 18 possibilities:

§1028 (fraud and related activity in connection with identification documents); §1029 (fraud and related activity in connection with access devices); §1341 (mail fraud); §1343 (wire fraud); §1503 (obstruction of justice); § 1512 (tampering with a witness, victim or informant) and §1513 (retaliating against a witness, victim or informant).

What are “prohibited activities?” A look at 18 U.S. Code §1962 offers these explanations:

 (b) It shall be unlawful for any person through a pattern of racketeering activity … to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce. (c) It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise’s affairs through a pattern of racketeering activity…. (d) It shall be unlawful for any person to conspire to violate any of the provisions of subsection (b) or (c) of this section.

Are there “civil remedies/” A review of 18 U.S. Code §1964 states:

(c) Any person injured in his business or property by reason of a violation of section 1962 of this chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorney’s fee….

Naming the Conspirators

It is impossible to overstate the damage Democrats have inflicted on the Constitution and the U.S. body politic from 2015 until this point in the 2020 presidential electoral process.

And now, amid reports that the Durham probe into the origins of allegations of Trump collusion with the Russians is in its death throes without any likely indictment of wrong doers, why not start with naming  Hillary Clinton (bankroller of the so-called Steele dossier) and the Democratic National Committee (another bankroller) as the first two defendants.

Then continue by adding to the roster of defendants James Clapper, John Brennan, James Comey, Miles Taylor (Mr. Anonymous), Kathy Boockvar (secretary of the Commonwealth of Pennsylvania), and many others, working the list to include election officials in Detroit, Wisconsin, and other jurisdictions, as well as U.S. Postal Service employees and even local precinct workers.

Force these folks to appear in U.S district courts and testify under oath.   

It would seem to a mere journalist that with some skillful and innovative lawyering, this is not “to dream the impossible dream.”

It is called Queens-style payback.

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RICO – Trump Vs. The Democratic Criminal Enterprise

By: Jeffrey Winograd

The Racketeer Influenced and Corrupt Organization Act, (popularly known as RICO), has been around since 1970 and its intent was to give the government a stronger hand in combatting organized crime.

Over the years, the scope of permissible legal actions undertaken pursuant to the statute has expanded and among the beneficiaries of this expansion is the average citizen.

Conduct targeted by RICO plaintiffs in civil actions have ranged from a battle by former minority owners of the Montreal Expos against Major League Baseball to a suit by clients of an accounting firm alleging the firm involved them in a tax avoidance scheme related to conservation easements.

It is now time to use RICO against what smells like a criminal enterprise (for example, a conspiracy) involving the Democratic Party, Democratic elected state officials, Democratic political operatives, and even news media outlets and social media companies.

Not A Joke

Of course, there must be an underlying crime to bring a RICO lawsuit.

How about political corruption, falsification of documents, identity theft, voter suppression, and mail/wire/telephone/Internet fraud for starters. The possible involvement of illegal immigrants might also be involved.

As the Justice Department website states: “If the predicate acts involve a distinct threat of long-term racketeering activity, either implicit or explicit, a RICO pattern is established.”

Three key facts must be established in a RICO suit: a defendant agreed to commit the substantive racketeering offense through agreeing to participate in two racketeering acts; the defendant knew the general status of the conspiracy; and the defendant knew the conspiracy extended beyond his individual role.

They even used the COVID-19 pandemic to justify their actions.

This is described in a New York Post article that is a must read.

In fact, the events described therein likely described the legal predicate for a RICO lawsuit.

List Of Activities Bolstering A RICO Lawsuit

Various lawsuits have already been filed in various states in behalf of the Trump campaign and by individuals who voted for Trump but have reasonable suspicion their votes were canceled or otherwise uncounted.

Here is a list of acts which, with legally sufficient explanation, can probably bolster a RICO lawsuit or even several lawsuits in different jurisdictions (a suit must be filed in a U.S. District Court with a request for expedited action) with carefully selected plaintiffs who have legal standing to sue.

  • No voter identification required.
  • No comparing of signatures on voter registration forms and ballots submitted by mail.
  • Alleged voting by deceased individuals.
  • No checking for proper use of envelopes with mail-in ballots.
  • Mailing of ballots to all registered voters without adequate preparation and funding to ensure a fair and timely counting with observers present.
  • Illegal voting due to place of residence.
  • Ballot harvesting whether permissible or not.
  • Illegally providing information about rejected mail-in ballots to Democratic Party operatives.
  • In Philadelphia, the delivery of 23,277 votes in one tranche with all going for Joe Biden.
  • The removal of the Green Party candidate from the Wisconsin ballot over a technicality regarding address of the candidate (the three Democrats on the six member Wisconsin Election Commission voted for the removal).
  • Incorrect cancelation of ballots.
  • Total votes counted by election software not matching printed tabulation tapes.
  • Denial of Republican access to observe vote counting in Michigan.
  • Lack of access, as required by statute, to video surveillance of remote ballot drop boxes.
  • Voter suppression due to the publication of polls sponsored by news media which overwhelmingly inflate the expected vote for Joe Biden and thereby discouraging potential Trump voters from going to the polls and adversely impacted late fundraising efforts.
  • The almost blanket lack of news coverage of events unfavorable to Biden (for example, the New York Post articles about Hunter Biden and a statement given under oath to the FBI by a former business associate of Hunter Biden who state he met twice with Joe Biden).
  • Social media, such as Twitter and Facebook, blocking message sent by the Trump campaign and those supporting Trump.
  • The supposedly nonpartisan Commission on Presidential Debates unilaterally canceled the second Trump-Biden debate, an obvious benefit for Biden as he was hiding from the press.

Roadmap To Victory

Savvy lawyers on Team Trump can piece together such details and surely allege several predicate crimes.

Remember political corruption, falsification of documents, identity theft, voter suppression, and mail/wire/telephone/Internet fraud,

The message for them and the president is “Go RICO.”