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In Hillary Clinton’s Case, the Obama Administration Nullifies 6 Criminal Laws

The US is abolishing rule by law to protect Hillary Clinton.

Eric Zuesse

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When the Obama Administration, on July 5th, ruled that in regard to Hillary Clinton’s privatized email system while she was Secretary of State:

“Our judgment is that no reasonable prosecutor would bring such a case” to a grand jury, because “We cannot find a case that would support bringing criminal charges,” they ignored the following six U.S. criminal laws, each of which undeniably describes very well what she did:

18 U.S. Code § 2232 — Destruction or removal of property to prevent seizure

(a) Destruction or Removal of Property To Prevent Seizure

Whoever, before, during, or after any search for or seizure of property by any person authorized to make such search or seizure, knowingly destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of preventing or impairing the Government’s lawful authority to take such property into its custody or control or to continue holding such property under its lawful custody and control, shall be fined under this title or imprisoned not more than 5 years, or both.

(b) Impairment of In Rem Jurisdiction

Whoever, knowing that property is subject to the in rem jurisdiction of a United States court for purposes of civil forfeiture under Federal law, knowingly and without authority from that court, destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of impairing or defeating the court’s continuing in rem jurisdiction over the property, shall be fined under this title or imprisoned not more than 5 years, or both.

——

18 U.S. Code § 1512 — Tampering with a witness, victim, or an informant

(c) Whoever corruptly

(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or

(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,

shall be fined under this title or imprisoned not more than 20 years, or both.

——

18 U.S. Code § 1519 — Destruction, alteration, or falsification of records in Federal investigations and bankruptcy

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

——

18 U.S. Code § 2071 — Concealment, removal, or mutilation generally

(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.

(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.

——

18 U.S. Code § 641 — Public money, property or records

Whoever embezzles, steals, purloins, or knowingly converts to his use, or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof, …

Shall be fined not more than $10,000 or imprisoned not more than ten years or both. …

——

18 U.S. Code § 793 — Gathering, transmitting or losing defense information …

(f) Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer — 

Shall be fined not more than $10, 000 or imprisoned not more than ten years, or both.

(g) If two or more persons conspire to violate any of the foregoing provisions of this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy, shall be subject to the punishment provided for the offense which is the object of such conspiracy.

Those laws are consequently null and void, by Executive action. When Congress (which is supposed to be the Legislative branch of the government) passed those laws, what were they describing, if not this? Of course, they did describe there what Clinton has, in fact, done.

If we are a nation “of laws, not of men” (as that old basic description of democracy phrased it), then Ms. Clinton will be prosecuted, at least through the grand jury stage, on (at least) those grounds. The decision regarding her innocence or guilt will be made by jurors (first by the grand jurors, of course, and if they find there to be a case, then by a trial jury), not by the broader public — and also not by the nation’s Executive: the President and his appointed Administration. That is what it means for a government to be a functioning democracy. Any government which violates this principle — that it is “of laws, not of men [including women]” — is not functioning as a democracy: it’s something else.

In addition to these criminal laws, there are also federal regulations against these matters, but violations merely of federal regulations (such as these) are far less serious than are actions that violate also federal criminal laws (such as the six laws that are listed above).

She isn’t even being sanctioned for the violations the the State Department’s own regulations (or “rules”).

This is not a partisan issue. I was until recently an active Democrat, and I joined with millions of other Democrats who expressed condemnation when George W. Bush was allowed to get away with many severe crimes (such as this) while he was in office; and one of the reasons why I was trying to find someone to contest against President Obama in Democratic primaries for the 2012 Democratic Presidential nomination was that Obama had refused to prosecute his predecessor’s crimes against this nation. But now this same Obama is nullifying at least these six laws in order to win as his successor Hillary Clinton, who surely will not prosecute Obama for his many crimes (such as this and this) while he has been leading this nation and destroying our democracy.

I parted company from the Democratic Party when I gave up on both Parties in 2012 as they and the government they operate have been since at least 1980 — not at all democratic, but instead aristocratic: holding some persons to be above the law (that researcher there called the U.S. an “oligarchy,” which is simply another word for the same thing — rule by the top wealth-holders, not by the public: not a “democracy”).

There can be no excuse for Obama’s depriving the public, via a grand jury decision, of the right to determine whether a full court case should be pursued in order to determine in a jury trial whether Hillary Clinton’s email system constituted a crime (or several crimes) under U.S. laws. The Obama Administration’s ‘finding’ that “clearly intentional and willful mishandling of classified information” would need to have been proven, in order for her to have been prosecuted under any U.S. criminal law, is a flagrant lie: none of the above six U.S. criminal laws requires that, but the only way to determine whether even that description (“clearly intentional and willful mishandling of classified information”) also applies to Clinton would be to go through a grand jury (presenting the above-cited six laws) and then to a jury case (to try her on those plus possibly also the charge that there was “clearly intentional and willful mishandling of classified information”).

But now, those six laws are effectively gone: anyone who in the future would be charged with violating any one of those six laws could reasonably cite the precedent that Ms. Clinton was not even charged, much less prosecuted, for actions which clearly fit the description provided in each one of those U.S. criminal laws. Anyone in the future who would be charged under any one of these six laws could prove discriminatory enforcement against himself or herself. (In the particular case discussed there, discriminatory enforcement was ruled not to have existed because the enforcement of the criminal law involved was judged to have been random enforcement, but this condition would certainly not apply in Clinton’s case, it was clearly “purposeful discrimination” in her favor, and therefore enforcement of the law against anyone else, where in Clinton’s case she wasn’t even charged — much less prosecuted — for that offense, would certainly constitute discriminatory enforcement.)

So: that’s the end of these six criminal laws. The U.S. President effectively nullified those laws, which were duly passed by Congress and signed into law by prior Presidents.

And that’s the end, the clear termination, of a government “of laws, not of men”.

Investigative historian Eric Zuesse is the author, most recently, of  They’re Not Even Close: The Democratic vs. Republican Economic Records, 1910-2010, and of  Christ’s Ventriloquists: The Event that Created Christianity.

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Germany Wants Nuclear Bombers

Germany does not manufacture atomic weapons but has come to consider itself as a nuclear power because it has vectors to use them.

The Duran

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Via VoltaireNet.org:


Germany’s armed forces are currently studying the possibility of acquiring nuclear bombers capable of using the new American B61-12 atomic bombs.

Meanwhile, the Pentagon itself plans to deploy these new atomic bombs in the German region of Eifel, in violation of the Nuclear Non-Proliferation Treaty.

The German air force already has multi-tasking Tornado warplanes, which are already capable of deploying American atomic bombs. But those aircraft are going to be replaced, possibly, by European-developed Eurofighters, or by United States manufactured F/A-18 Super Hornets.

Either way, the warplane that Germany selects will have to be equipped with the AMAC (Aircraft Monitoring and Control) system, which allows the use of the new American atomic bombs and enables the regulation of the power of the explosion as well as at what height the bombs explode after they are launched.

Germany does not manufacture atomic weapons but has come to consider itself as a nuclear power because it has vectors to use them, and believes that this gives it the right to sit on the UN Security Council sharing the permanent member position occupied by France.

Both countries would thus represent the European Union, under the auspices of NATO.

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1st since Notre Dame: Yellow Vests back despite ‘unifying’ disaster & they are angry

‘Yellow Vests’ march in Paris for 23rd straight week.

RT

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Via RT…


Yellow Vests protests brought clashes and tear gas back to the streets of Paris, despite politicians’ calls for “unity” in the wake of the Notre Dame fire. For protesters, the response to the fire only showed more inequality.

Saturday’s protests mark the 23rd straight weekend of anti-government demonstrations, but the first since Notre Dame de Paris went up in flames on Monday. Officials were quick to criticize the protesters for returning to the streets so soon after the disaster.

“The rioters will be back tomorrow,” Interior Minister Christophe Castaner told reporters on Friday. “The rioters have visibly not been moved by what happened at Notre-Dame.”

For many of the protesters, grief over the destruction of the 800-year-old landmark has made way for anger. With smoke still rising from Notre Dame, a group of French tycoons and businessmen pledged €1 billion to the cathedral’s reconstruction, money that the Yellow Vests say could be better spent elsewhere.

“If they can give dozens of millions to rebuild Notre Dame, they should stop telling us there is no money to respond to the social emergency,” trade union leader Philippe Martinez told France 24.

Saturday’s protests saw a return to scenes familiar since the Yellow Vests first mobilized in November to protest a fuel tax hike. Demonstrators in Paris’ Bastille district set barricades on fire and smashed vehicles, and police deployed tear gas to keep the crowds at bay.

Sporadic incidents of vandalism and looting were reported across the city, and some journalists even reported rioters throwing feces at police.

60,000 police officers were deployed across the country, and in Paris, a security perimeter was set up around Notre Dame. A planned march that would have passed the site was banned by police, and elsewhere, 137 protesters had been arrested by mid afternoon, police sources told Euronews.

Beginning as a show of anger against rising fuel costs in November, the Yellow Vests movement quickly evolved into a national demonstration of rage against falling living standards, income inequality, and the perceived elitism and pro-corporation policies of President Emmanuel Macron. Over 23 weeks of unrest, Macron has made several concessions to the protesters’ demands, but has thus far been unable to quell the rising dissent.

After Notre Dame caught fire on Monday, the president postponed a television address to the nation, during which he was expected to unveil a package of tax cuts and other economic reforms, another measure to calm the popular anger in France.

Macron’s address will be held on Thursday.

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O Canada! The True North Strong and Free – Not

Maybe it’s past time for Canadians to get serious again about their independence.

Jim Jatras

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Authored by James George Jatras via The Strategic Culture Foundation:


Canadian visitors to Washington sometimes wonder why their embassy stands at the foot of Capitol Hill.

The answer? To be close to where Canada’s laws are made.

A main showcase of Ottawa’s craven servility to Washington is Prime Minister Justin Trudeau’s complicity in the US-led regime change operation being conducted against Venezuela. Not content with ruining his own country with multiculturalism, polysexualism, and the like, Li’l Justin has acted in lockstep with Big Brother to the south inslapping sanctions on Venezuelan officials and serving as a US agent of influence, especially with other countries in the western hemisphere:

‘A Canadian Press report published at the end of January revealed that Canadian diplomats worked systematically over several months with their Latin American counterparts in Caracas to prepare the current regime-change operation, pressing [Venezuelan President Nicolás] Maduro’s right-wing opponents to set aside their differences and mount a joint challenge to the government. “The turning point,” said the Canadian Press [Global News], “came Jan. 4, when the Lima Group … rejected the legitimacy of Maduro’s May 2018 election victory and his looming January 10 inauguration, while recognizing the ‘legitimately elected’ National Assembly.” The report cited an unnamed Canadian official as saying the opposition “were really looking for international support of some kind, to be able to hold onto a reason as to why they should unite, and push somebody like Juan Guaidó.”

‘One day prior to Maduro’s inauguration, [Canadian Foreign Minister Chrystia] Freeland spoke to Guaidó, the newly-elected National Assembly speaker, by telephone to urge him to challenge the elected Venezuelan president.’

But that’s not all. Canada is out front and center in the “Five Eyes” intelligence agencies’ war on China’s Huawei – with direct prompting from US legislators and intelligence.  As explained by Col. Larry Wilkerson, former chief of staff to Gen. Colin Powell, it’s not that Huawei violated any law when circumventing US sanctions but it is the US that is acting illegally by unilaterally imposing sanctions that were never agreed to internationally. But that’s OK – when it comes to Washington’s claims of jurisdiction over every human being on the planet, Justin and Chrystia are happy to oblige!

Also, let’s not forget Chrystia’s role in keeping the pot boiling in Ukraine. It would of course be cynical (and probably racist) to attribute anything relating to Ukraine to her own interesting family background …

To be fair, the lickspittle attitude of Canadian officials towards their masters south of the 49th parallel is hardly unique in the world. Also to be fair, it’s natural and would be generally beneficial for Canada to have a positive relationship with a powerful, kindred neighbor rather than a negative one. Think of Austria’s ties to Germany, or the Trans-Tasman relationship of Australia and New Zealand, or the links that still exist between Russia and Ukraine despite efforts by the west to set them against each other (as, for example, Spain and Portugal were at loggerheads for several centuries, when the latter was a loyal ally of Spain’s foe, Great Britain, to such an extent that Portugal was sometimes shown on maps and globes in the same pink as British possessions; a similar situation existed between Argentina and British ally Chile).

A close and mutually advantageous relationship is one thing, but Canada’s de facto loss of independence is another. Not only does the US control Canada’s diplomacy, military, and intelligence but also her financial system (with, among other levers, the notorious FATCA law, which places Canadian institutions under the supervision of the IRS, with Canada’s revenue service acting, care of the Canadian taxpayer, as a cat’s paw for not only the IRS but the NSA and other snooping agencies). As explained by one Canadian nationalist (yes, they do exist!), the redoubtable David Orchard, trade is also a critical issue:

‘Canada …, after almost three decades of “free trade” with the U.S., has more than $1.2 trillion in federal and provincial debt, large deficits at every level, no national child or dental care, high university tuition, miserly old age pensions, years of massive budget cuts, and giveaway prices for its exports of oil, gas, timber and minerals.

‘For 150 years, great Canadian leaders have warned that without an economic border with the United States, we would soon no longer have a political border.

‘We once owned the world’s largest farm machinery maker, Massey Harris, headquartered in Toronto; built the world’s largest and most respected marketer of wheat and barley, the Canadian Wheat Board, based in Winnipeg; created a great transcontinental railway system, beginning in Montreal, which tied our country together; and saw Vancouver’s shipyards produce the beautiful Fast Cat ferry.

‘Instead of spending hundreds of billions on foreign-made machinery, electronics, automobiles, ships, fighter jets and passenger aircraft (even payroll systems for federal employees!), we can build our own, both for the domestic and export market.

‘We once designed and built the world’s most advanced jet interceptor, the Avro Arrow, so we know it can be done. [Emphasis added] With Canada’s resources and ingenuity, it could create a prosperous, domestically controlled economy that would give Canadians multiple benefits, security and pride of ownership. All that is required is some of the will that drove our ancestors to create an alternate power in North America. As George-Étienne Cartier, the great Québécois Father of Confederation, put it, “Now everything depends on our patriotism.”’ [Note: Orchard is the author of the must-read book The Fight for Canada: Four Centuries of Resistance to American Expansionism. To begin at the beginning, in the late 1680s, as part of English-French rivalry in North America, Massachusetts Puritans sought to root out the nest of popish deviltry known as Quebec. Following their disastrous 1690 defeat, they decided to fight Satan closer to home by hanging witches. The rest, as they say, is history…]

Scratch a Canadian patriot and you’ll hear about the Avro Canada CF-105 Arrow. As a watershed moment in Canada’s downward slide into subservience, the cancellation of what by all accounts was a magnificent aircraft – and a snapshot of what Canada’s international competitiveness (including in advanced aerospace) could have looked like had it been able to develop independently – might have been the point of being sucked into the American vortex. As noted by one response to my suggestion that Ottawa’s stance on Venezuela amounted to Canada’s annexation by the US: “Canadian here…unfortunately, the above is true (not literally of course, but in practice). It goes back even before the time of Diefenbaker, who canceled our Avro Arrow program on demand from the US – thus destroying our aerospace industry and causing brain drain to the US/Europe.”

To this day, the decision of then-Prime Minister John Diefenbaker to kill the Arrow project (and “put 14,528 Avro employees, as well as nearly 15,000 other employees in the Avro supply chain of outside suppliers, out of work”) on what came to be known as “Black Friday,” February 20, 1959, remains controversial and shrouded in mystery. A mix of budgetary, political, technological, and personality factors has been cited, none of them conclusive. Pressure from the US side, including unwillingness of Washington to purchase a Canadian aircraft when the US could pressure them to buy American planes and missiles, no doubt played a key role: “Instead of the CF-105, the RCAF invested in a variety of Century Series fighters from the United States. These included the F-104 Starfighter (46 percent of which were lost in Canadian service), and (more controversial, given the cancellation of the Arrow) the CF-101 Voodoo. The Voodoo served as an interceptor, but at a level of performance generally below that expected of the Arrow.”

While we may never know reliably why Diefenbaker cancelled the Arrow or how Canada or Canadian industry might have followed a different path, there’s no question of the superior capabilities of the Arrow. As it happens, one of the few pilots who had a chance to test the Arrow in an impromptu friendly dogfight is now-retired USAF fighter pilot Col. George Jatras, later US Air Attaché in Moscow (also, this analyst’s father). As he related in 2017:

‘I’ve received a number of messages in the last couple days about this bird, including some that say it may be revived. I don’t know how The Arrow would compare to today’s aircraft, but I had a first-hand lesson on how it faired against the F-102.

‘In 1959, I was stationed at Suffolk County AFB on Long Island with the 2nd Fighter Interceptor Squadron. We had an informal exchange program with a Canadian fighter squadron stationed near Montreal. From time to time, two or four aircraft from one of the squadrons would fly to the other’s base on a weekend cross country.

‘On one such exchange, I was #3 in a four ship formation led by [former Tuskegee airmanErnie Craigwell (I don’t recall who the other pilots were). As we entered Canadian airspace, cruising at about 40,000 ft., we spotted a contrail well above our altitude (probably at 50,000ft.) and closing very fast.  As the other aircraft appeared to be passing by, we could clearly see the delta shaped wing and knew it was the Avro Arrow that the Canadian pilots had told us about. Then, instead of just passing by, he rolled in on us! Ernie called for a break and we split into elements. When we talked about the encounter afterwards we all agreed that our first thought was, “This guy is in for a surprise; he doesn’t know that he’s taking on the F-102.”  Well, we were the ones in for a surprise. Even with two elements covering each other, not one of us could get on his tail. His power and maneuverability were awesome.  After he had played with us for a few minutes, like a cat with four mice, he zoomed back up to about 50K and went on his way. What an aircraft! What a shame that it never went into production.’

What is perhaps most curious about the Arrow’s demise is that “everything was ordered brutally destroyed; plans, tools, parts, and the completed planes themselves were to be cut up, destroyed, scrapped and everything made to disappear.”  Why? Well, security of course! Don’t engage in conspiracy theories …

The Canadian national anthem finishes with a pledge: “O Canada, we stand on guard for thee.” It should be noted that understandably resentful Loyalists fleeing the US following the American Revolution were a major contribution to the growth of Canada’s English-speaking population. American troops – back when we were the plucky underdog fighting the mighty British Empire – invaded Canada in 1775 and during the War of 1812 but were defeated. Relations got testy during the American Civil War as well, and even afterwards the US was wary of a proposed united “Kingdom of Canada,” hence the choice of the name “Dominion” in 1967. If today’s Canadians think we-all down here don’t know whom they’ve mostly had in mind to “stand on guard” against all this time, they’d better think again.

Maybe it’s past time for Canadians to get serious again about their independence – eh?

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