This ain't Hell, but you can see it from here

Category: Legal

  • More News About the Clintoons

    Well,time for a recap of recent info about Clintoon and her email issues.  And we have some other recemt news about that “fine upstanding individual” and others around her, too.

    (Yeah, that part in quotes in the preceding para is satire – as is some of the commentary about Wasserman Schultz below.  That should be obvious as hell.  However, at least one of our frequent commenters often appears unable to recognize satire unless it’s explicitly flagged as such.  I thus elected to do so.)

    First:  Ms. Clintoon recently claimed that the FBI was merely conducting a “security inquiry” into that unauthorized and marginally-if-at-all secured “private e-mail server” that she used after flatly refusing to use official government email systems for official business.  (Yes, that’s the same e-mail server that has been confirmed to have contained over 2,000 classified items, some of which were classified Top Secret and were either compartmented or SAP material.)  Well, unfortunately for her, she didn’t coordinate that      baldfaced lie       account with FBI Director James Comey before publicly telling it.  Comey flatly contradicted Clintoon’s assertion, stating outright that the FBI is indeed conducting an investigation relating to the matter – not some type of “security inquiry”.

    However:  fear not, Clintoon fans!  That paragon of truth and sincerity, the DNC Chairman Debbie Wasserman Schultz, is positive . . . that Clintoon is NOT a target of that FBI investigation.  She recently said exactly that in an interview.

    Sure, Debbie.  And I’m the Emperor of China, too.

    Geez.   Why in the hell do you think the FBI is interviewing all her closest aides before interviewing her, Debbie?  It’s called “building a case”, you ditz!

    It now appears that refusing to use government email systems – then having classified information sent to her on a private server not authorized for receipt of same – aren’t the only security corners that Clintoon cut while SECSTATE.  Seems she also on occasion refused to use secure voice communications systems as well, directing subordinates to call her on a private device in order to have a sensitive conversation.

    It also appears that the “hits” aren’t limited to Ms. Clintoon, either.  Remember a couple of years ago, when Clintoon’s husband – cigar-and-intern-lover “Slick Willie” himself – was reported to have flown “a few times” with a reputed wealthy perv and pedophile to various locations (some OCONUS) on said individual’s private jet?  Well, it turns out that aircraft logs show he in fact did that on far many more occasions than initially reported – on over 22 occasions, to be precise, vice the 11 that were originally reported by the press.  (And yeah – that last linked article does describe stuff that seems pretty damn sordid to me.)  On at least 5 of the trips, Willie apparently also managed to ditch his security detail while traveling with that “fine fellow”.

    Nice people.  Maybe they should go into public service.

    After all:  they’re apparently quite experienced at “servicing” the American public.

  • More “Private E-mail Server” News

    Remember the Clintoon “private” e-mail server brouhaha?  You know, the one where the serving (at the time) SECSTATE refused to use government email, had her minions set up a “private” email server – which later was professionally wiped, but which has been confirmed to have contained over 2,000 classified items, including 22 items classified Top Secret as well as more than one SAP and/or TS/compartmented item?

    Well, we have some recent news concerning that little “shortcut” taken by Clintoon.  And from Clintoon’s perspective, the news isn’t that good.

    First:  the Romanian hacker “Guccifer” was extradited to the US a few weeks ago.  That apparently was not coincidental.  You see, it appears “Guccifer” – who is currently in Federal custody – may well now be cooperating with the FBI in their investigation of related to the Clintoon “private” e-mail server.  (The administrator of that “private” e-mail server, Bryan Pagliano, is also believed to be cooperating with the FBI.)

    It also appears that Guccifer penetrated the Clintoon “private e-mail server” – easily.  He claims to have done exactly that.  While the claim cannot be independently verified now (due largely to destruction of the original server), longtime cybersecurity experts who have knowledge of his claims say that the method Guccifer claims to have used to penetrate what little security did exist on Clintoon’s “private” e-mail server is eminently plausible.

    The “so what”?  Well, “Guccifer” may well be quite good at breaking computer security – and security on Clintoon’s “private e-mail server” was reportedly rudimentary at best.  But I’m betting the foreign intelligence services of Russia, China, and maybe a few other adversaries are likely even better than Guccifer, and have access to even better methods and tools.  And if Guccifer relatively easily penetrated that private server and thus obtained access to the classified information illegally stored there, well, . . . .

    Second:  it also appears that Clintoon may be forced to give a deposition regarding the case.  So far, she’s been spared the “horror” of telling her story under conditions requiring a truthful answer – like a LE interview, or a deposition given under oath.  Looks like the latter may be upcoming, presumably in the relatively near-term future.

    Third:  while Clintoon herself hasn’t yet been deposed, apparently the same is not true of her “close aide” Huma Abedin.  Abedin was reportedly interviewed by the FBI recently.  And while the FBI hasn’t commented on the interview, I’m guessing it wasn’t a social call to discus the weather, or to ask her opinion on the latest fashions. (smile)

    And, finally:  a curious expense on the part of the Clintoon campaign has been uncovered and made public.  In Feb and March, apparently the Clintoon campaign made payments to a Nevada company – a firm that provides IT security services.  What services do they provide?  Well, it seems that the company – American Document Destruction, Inc. –  apparently specializes in document and hard disk drive destruction.  The payments could have paid for the destruction of up to 14 hard drives.  Hmm.

    Yeah, I think I’ll keep following this story.  This could easily get really interesting.

     

    (Author’s note:  yes, I know that “Clintoon” isn’t the way the individuals I reference when using that spelling spell their last name.  The variant spelling here is intentional.  IMO, the individuals I’m referencing when using that variant spelling are little more than poor cartoonish caricatures of individuals worthy of holding high national office.  The spelling “Clintoon” is intended to highlight that fact.)

  • Army Captain Nathan Michael Smith sues President Obama

    Army Captain Nathan Michael Smith sues President Obama

    Nathan Michael Smith

    Chief Tango sends us a link from the New York Times which reports that Army Captain Nathan Michael Smith, an intelligence branch officer stationed in Kuwait has filed a law suit against the President in regards to the conduct of the war against ISIS and the President’s position that he doesn’t need authorization from Congress to wage the war because the war is part of the war that Congress authorized after 9-11-2001.

    “To honor my oath, I am asking the court to tell the president that he must get proper authority from Congress, under the War Powers Resolution, to wage the war against ISIS in Iraq and Syria,” he wrote.

    The legal challenge comes after the death of the third American service member fighting the Islamic State and as Mr. Obama has decided to significantly expand the number of Special Operations ground troops he has deployed to Syria aid rebels there.

    While I agree that Congress needs to get off it’s collective fat ass and do it’s part in the war, one way or the other, I don’t think this Captain has any legal standing to sue the President. He’s clearly outside his lane. There are legal scholars who do this stuff and waste our tax money in court rooms across the country.

    Administration officials have also said the fight against the Islamic State is covered separately by the 2002 authorization President George W. Bush obtained from Congress for the invasion of Iraq, although they are not relying on it.

    Wait, you mean George Bush’s war against Saddam Hussein was authorized by Congress? And the New York Times admits it? Well, that’s news right there.

    Anyway, Captain Smith appears to be grandstanding for the anti-Obama crowd. He has the right, certainly, but doing it in uniform has a distasteful tinge.

    You may disagree, but that’s why we’re here, isn’t it?

  • Be Careful What You Ask For . . .

    . . . you just might get it.

    House committee votes to require women to register for draft

    About damn time. This should have been law years ago.

    No, this doesn’t mean that women should be drafted into the combat arms. Just because someone gets drafted doesn’t automatically mean they end up Infantry (or in one of the other combat arms branches).

    The military should still assign specialties based on known physical norms and needs of the service. If a given group in general cannot meet the qualifications of a specific specialty, they can – and should – be excluded from assignment to that specialty. It’s the same rationale that generally excludes those requiring corrective lenses (or not meeting other seemingly-irrelevant physical requirements) from flight school: the impact of such a physical shortcoming is deemed significant enough to preclude such an assignment to members of that group, even though certain individuals within that group may well make excellent pilots. The courts have recognized the military’s need to do this; the fact that gender may be such a factor for a select few specialties is irrelevant.

    However, if passed this will correct a significant injustice. If passed, both males and females will now be subject to draft registration requirements – and, if a draft is required, to being drafted.

    Enjoy, SJWs. You’re largely responsible for this.

  • Law soup

    Law soup

    Dwain Downing

    There’s this really good restaurant in Mansfield, Texas, by all accounts, by the name of “Our Place“. They give customers a side dish of soup “while supplies last” – its free with the meal, an extra. Well, a lawyer in Arlington, Dwain Downing is suing them because they ran out of soup the day he was there for $2.50 and legal expenses.

    Dwain Downing1

    Dwain Downing2

    That’s almost as bad as someone who sued a store for piling potting soil in “his” parking space in their parking lot. These lawyers are part of the 99% of lawyers that make the other 1% of lawyers look bad.

    Thanks to Pineywoods NCO for the tip.

  • Kimberly Kitchen; phony lawyer

    Kimberly Kitchen; phony lawyer

    Kim-Kitchen

    Andy 11M sends us a link to an Associated Press story about Kimberly Kitchen who pretended to be an estate planning lawyer for a decade with 30 clients.

    Kitchen, 45, fooled BMZ Law, a Huntingdon firm, by forging a law license, bar exam results, an email showing she attended Duquesne University law school and a check for a state attorney registration fee, prosecutors said.

    The James Creek resident handled estate planning for more than 30 clients despite never attending law school, and she even served as president of the county bar association for a time. She made partner at BMZ before the fraud was discovered.

    […]

    “We think that she had no intent to defraud,” [Defense attorney Caroline Roberto ] said.

    No intent to defraud – other than the fact that she forged a law license, bar exam results, even a check for registration with the bar. Nope, they can’t prove intent to defraud. According to Above the Law, she also claimed to have taught law at Columbia Law School.

  • More Clintoon “Private Email” News

    Still think there was nothing classified on that “private”, unauthorized, and ineffectively-secured email server Clintoon used to conduct official State Department business? If so, do you also still believe in the Tooth Fairy?

    Here’s a quote relating to the latest revelation about what was found on that “private”, unauthorized and unsecured server. I’ve added emphasis where I felt warranted.

    One of the classified email chains discovered on Hillary Clinton’s personal unsecured server discussed an Afghan national’s ties to the CIA and a report that he was on the agency’s payroll, a U.S. government official with knowledge of the document told Fox News.

    The discussion of a foreign national working with the U.S. government raises security implications – an executive order signed by President Obama said such unauthorized disclosures are “presumed to cause damage to the national security.”

    Don’t know about you, but my reaction on reading the above was, “Oh . . . sh!t.” Why? Because people literally can die if and when information like that falls into the wrong hands.

    Fox News has an article with more details.  It’s IMO worth a read.

    “Not classified at the time” my ass.  Someone would have to be a complete moron to believe that information was unclassified.

    Some people need to go to jail for this. For a loooong time.

  • Bergdahl Court-Martial On Hold

    It appears that Bergdahl’s court-martial is now on hold.

    Bergdahl is facing court-martial for desertion and misbehavior before the enemy.  His defense team has asserted that they need access to certain classified materials to defend Bergdhal.  The prosecution disputes this.

    The trial judge granted Bergdahl’s defense be given access.  However, the prosecution has appealed this decision to a higher military court.  We’re now awaiting that appeals court decision – and everything else is on hold until that decision is announced.

    As Political Insider notes here, the defense’s assertion is bull regarding the charge of desertion. Proving the specific form of desertion with which Bergdahl is charged merely requires proving that he absented himself to avoid hazardous duty. Leaving post without authorization in a combat zone to go AWOL constitutes exactly that, and proving that is simple – he either did or he did not absent himself. Nothing classified about that, and nothing classified needed to defend the case.

    Bergdahl’s legal team may or may not need access to classified materials in order to defend him against the charges of misbehavior before the enemy. Depending on precisely what evidence or theory the prosecution plans to present to prove that charge, the defense could indeed need access to classified information to defend.

    However, I think it’s far more likely that this is a classic instance of graymail. My guess is that the defense team is merely trying to prevent the public from finding out just how badly Bergdahl behaved while enjoying Thursdays with the Taliban and/or the Haqqani Network. Doing so might be necessary to preserve future book deals and such. So they’re requesting info to material that’s highly classified and hoping that the government flatly refuses to comply and the judge pitches the case.

    Stay tuned.