Trump

Seth Barrett Tillman: Questions Looking for Answers: Judge Sullivan and General Flynn

by

Motion practice query. Where a judge appoints an amicus to represent a party or continue a litigation or prosecution because of an absence of adversity, then do not the parties first get notice and an opportunity to be heard to contest the appointment? Or does the court act on its own, make the appointment, and then allow the parties to make objections after-the-fact?
 
If the court had prior contacts with the amicus—eg, a beauty contest or competition for the starring amicus role—do the parties get to see the records of those contacts between the court and the amicus?
 
Who, if anyone, has oversight over Amicus (Inquisitor) Gleeson? Is it DOJ? Can DOJ assert authority over Gleeson or “his” case, like in a qui tam matter? Does Gleeson take an oath of office to support the Constitution? Is Gleeson subject to the ethical guidance which applies to federal prosecutors or the other policies of the DOJ?
 
[. . .]

Read the whole thing.

From the comments:

The jurisdiction of federal courts is of course limited to “cases and controversies.” If the US wants to dismiss, and the defendant wants to dismiss, where is the case or controversy? If the court has no subject matter jurisdiction, the case ends right there.

The Flynn Case Collapses.

by

Today, the Department of Justice (so- called) dropped its prosecution of General Michael Flynn. This followed a ferocious defense by Sidney Powell, an attorney and author of the excellent book, “Licensed to Lie” which explained the federal misbehavior in the Enron cases, one of which resulted in a unanimous decision by the US Supreme Court that reversed the conviction of Arthur Anderson Accounting Corporation in a miscarriage of justice by Andrew Weissmann who should be disbarred for the Mueller investigation which he ran with Mueller as a senile figurehead.

Why was Flynn prosecuted ?

Here is an explanation.

The only other Republican candidate to repudiate the “Bush Freedom Agenda” was Senator Ted Cruz of Texas. That is why the 2016 Republican primary became a two-man race between Trump and Cruz. The whole of the American Establishment had signed on to a utopian crusade to impose the liberal world order on the Muslim world. After nine years of frustration in Iraq, it saw in the so-called “Arab Spring” demonstrations of 2011 a second chance to bring its agenda to fruition. The result of this was the near-collapse of Egypt and an eight-year civil war in Syria that killed half a million people and displaced 10 million refugees.

Flynn called attention to this massive intelligence failure and had to be destroyed. It’s a shame that Cruz did not endorse Trump at the end on become part of a unity campaign.

I have previously posted my opinion on the Flynn matter, which does not differ from David Goldman except in detail.

After Flynn was driven out of his post at DIA, things got even more threatening to the intelligence officials, as he became a prime advisor to candidate Trump and, early in the campaign, other Republicans. After the 2016 elections, the IC officials went all-out to keep him out of the White House, sometimes resorting to spreading ridiculous stories. President Obama warned Trump not to appoint Flynn as national security advisor, and Susan Rice actually warned the president-elect that Flynn might be in violation of the Logan Act, for which nobody has ever been prosecuted, and hence blackmailable by the Russians. Meanwhile, the Bureau had opened a counterintelligence investigation of Flynn’s activities. His digital communications were monitored, “unmasked” at the request of Obama officials, and leaked to friendly journalists.

Goldman’s version is a little different.

As chief of the Defense Intelligence Agency in 2012, Flynn had warned that American support for Sunni jihadists in Syria had the unintended effect of supporting the new caliphate movement, that is, ISIS. Among all the heads and former heads of the 17 agencies that make up the US intelligence community, Flynn was the only one who had objected to the disastrous covert intervention in Syria and foreseen its baleful consequences. Obama fired him, but Donald Trump hired him as a top campaign aide and then appointed him national security adviser.

The Syrian debacle brought Russia into Syria in 2015; the American-backed jihad had turned into a Petri dish for Russian Muslims from the Caucasus, as well as Chinese Uighurs and a motley assortment of foreign militants. Russia had interests of opportunity, for example, a warm-water refueling station for its Mediterranean fleet, but the risk of blowback from the Syrian civil war was the most urgent motive for President Vladimir Putin’s intervention.

That is the background to the mutiny in the US Intelligence Community against the elected commander-in-chief. America’s noble or perhaps narcissistic intentions did more damage than Trump’s indifference.

In retrospect, I think I agree even more with Goldman on this. I supported the Iraq War at first but it was botched beyond redemption.

This is another post I made on the same topic last February.

CIA must be disestablished. Its functions should be returned to the Departments of State, Defense, and Treasury. FBI must be restricted to law enforcement. At home, the Agencies are partisan institutions illegitimately focused on setting national policy. Abroad, Agencies untied to specific operational concerns are inherently dangerous and low-value.
Intelligence must return to its natural place as servant, not master, of government. Congress should amend the 1947 National Security Act. The President should broaden intelligence perspectives, including briefs from State, Defense, and Treasury, and abolish CIA’s “covert action.” State should be made responsible for political influence and the armed services for military and paramilitary affairs.

This is an obvious fact. Our intelligence capability has been destroyed in China and Iran by CIA incompetence in its secure communication systems.

Madness and Maddow

by

The Navy hospital ships promised by President Trump to deploy to New York and Los Angeles arrived on-station as ordered a few days ago. MSNBC’s Rachel Maddow, presumed for some obscure-to-me reason to be associated with the provision of news to the public, and most recently famed through peddling Russian conspiracy theories regarding Trump’s election for the past three years, had ridiculed the President’s proposed schedule as “nonsense. ” She, or whatever pronoun she goes by, had loudly and publicly claimed that it would be “weeks” before the hospital ships arrived. Instead, the hospital ships arrived more or less to schedule. A lesser news-person would have the decency to be embarrassed over how transparent a prediction-flop this was. Not this Maddow person, it appears. This is not a good thing, and not for the reason first assumed. PBS’ Yamiche “Rolie-Polie-Olie” Alcindor baldly admitted, and in nicer words, that the name of the game for the national establishment news media is “Get Trump!” and anything goes, fair or foul (mostly foul) will serve that end. Well, really those of us who have been paying attention, especially for the last decade and a half (or longer) have known very well that the name of the game as far as the establishment national news media is concerned, is to enthusiastically smear Republicans and their conservative supporters (no matter how mild or harmless) the pretext, and to excuse Democrats and their supporters, no matter how vile the offense and actions. Nothing new here, move along. SSDD, as we used to say in my active duty days. (Same sh*t, Different Day.)

Read more

Stuff Is Going To “Fall Off The Truck”

by

In my previous post I hinted that perhaps Mr. Cuomo doesn’t really need forty thousand ventilators for the Covid-19 crisis in New York. A lively and interesting discussion ensued and I thank the commenters for that.

Today I had on the Trump presser and I was doing other things until Trump said the following, (speaking of mask usage per day at a certain hospital) – and my ears perked up:

“How do you go from 10 to 20, to 300,000 — 10 to 20,000 masks to 300,000, even though this is different. Something’s going on, and you ought to look into it, as reporters,” Trump said.

As an aside, he really does speak in stream of consciousness, no? Anyways.

I love math problems and would like to see the actual numbers of staff/masks if those numbers exist – that could be interesting. Trump could have been fluffing the numbers a bit to make a point on something he has heard. But Trump isn’t stupid and brought it up for a reason.

Of course the Washington Post can’t have Trump doubting for a second that anyone in a democratic controlled area would…well…maybe…”borrow” some of the supplies – and they said that Trump was touting a “conspiracy theory”.

When the books are written about this episode, I am fairly confident that waste and fraud will be two of the more interesting aspects. Some of it will be on purpose, and some of it will be just because this is a large project run by the government.

Texas Aggie Doctor Reports — Clinical Pearls Covid 19 for ER practitioners

by

The following information is from a front line ER doctor using the handle of ‘nawlinsag’ on a Texas Aggie web site.   I’ve included the link below.  I’ve also included the complete text of his post in full in hopes medical professionals and lay people could get the most benefit from his observations of the course of COVID-19 in a small front line Louisiana hospital.

Short form: This is not the flu.   It is a horror show of death and disablement that is crowding out all other medical care including an immediate downgrade of life saving cardiac care.   Only on in seven people put on ventalators in this hospital is surviving, and then only after 10-t0-12 days of ventalator support.

—–

https://texags.com/forums/84/topics/3102444?fbclid=IwAR3s13SRnw7YNgtu-7LZyrMUSMIRRWScU67lwbuwZM8fna-6R8k4tqrtO3w

I just spent an hour typing a long post that erased when I went to change the title so I apologize to the grammar and spelling police. This one will not be proofread and much shorter.

I am an ER MD in New Orleans. Class of 98. Every one of my colleagues have now seen several hundred Covid 19 patients and this is what I think I know.

Clinical course  is predictable.
2-11 days after exposure (day 5 on average) flu like symptoms start. Common are fever, headache, dry cough, myalgias(back pain), nausea without vomiting, abdominal discomfort with some diarrhea, loss of smell, anorexia, fatigue.

Day 5 of symptoms- increased SOB, and bilateral viral pneumonia from direct viral damage to lung parenchyma.

Day 10- Cytokine storm leading to acute ARDS and multiorgan failure. You can literally watch it happen in a matter of hours.

81% mild symptoms, 14% severe symptoms requiring hospitalization, 5% critical.

Patient presentation is varied. Patients are coming in hypoxic (even 75%) without dyspnea. I have seen Covid patients present with encephalopathy, renal failure from dehydration, DKA. I have seen the bilateral interstitial pneumonia on the xray of the asymptomatic shoulder dislocation or on the CT’s of the (respiratory) asymptomatic polytrauma patient. Essentially if they are in my ER, they have it. Seen three positive flu swabs in 2 weeks and all three had Covid 19 as well. Somehow this ***** has told all other disease processes to get out of town.

China reported 15% cardiac involvement. I have seen covid 19 patients present with myocarditis, pericarditis, new onset CHF and new onset atrial fibrillation. I still order a troponin, but no cardiologist will treat no matter what the number in a suspected Covid 19 patient. Even our non covid 19 STEMIs at all of our facilities are getting TPA in the ED and rescue PCI at 60 minutes only if TPA fails.

Diagnostic
CXR- bilateral interstitial pneumonia (anecdotally starts most often in the RLL so bilateral on CXR is not required). The hypoxia does not correlate with the CXR findings. Their lungs do not sound bad. Keep your stethoscope in your pocket and evaluate with your eyes and pulse ox.

Labs- WBC low, Lymphocytes low, platelets lower then their normal, Procalcitonin normal in 95%
CRP and Ferritin elevated most often. CPK, D-Dimer, LDH, Alk Phos/AST/ALT commonly elevated.
Notice D-Dimer- I would be very careful about CT PE these patients for their hypoxia. The patients receiving IV contrast are going into renal failure and on the vent sooner.

Basically, if you have a bilateral pneumonia with normal to low WBC, lymphopenia, normal procalcitonin, elevated CRP and ferritin- you have covid-19 and do not need a nasal swab to tell you that.

A ratio of absolute neutrophil count to absolute lymphocyte count greater than 3.5 may be the highest predictor of poor outcome. the UK is automatically intubating these patients for expected outcomes regardless of their clinical presentation.

An elevated Interleukin-6 (IL6) is an indicator of their cytokine storm. If this is elevated watch these patients closely with both eyes.

Other factors that appear to be predictive of poor outcomes are thrombocytopenia and LFTs 5x upper limit of normal.

Read more