“Prerogatives”

The Just the News lede lays the matter out clearly and in its most basic terms. In an article centered on FBI whistleblowers blowing the whistle on the FBI’s intrinsic political bias, that lede read

House Republicans think federal agencies have become a weapon against their own apolitical employees and the constitutional rights of Americans. House Democrats think House Republicans have become a weapon against the prerogatives of federal agencies.

There it is in stark terms. Republicans (not just House Republicans) and Conservatives strongly favor limited government. Progressive-Democrats (not just House Progressive-Democrats) and the Left generally strongly favor expansive government.

It doesn’t matter to those Progressive-Democrats and their Leftist supporters that the prerogatives of federal agencies are strictly limited by the bounds of the statutes that create those agencies and that then give them the frameworks within which they engage in their statutorily mandated and limited activities. Neither does it matter to them that the prerogatives of the Federal government are just as strictly limited by our Constitution, which strictly enumerates the powers of government in Article I, Section I, and then creates a wide and deep moat around those enumerated powers with the Ninth and Tenth Amendments.

The Republicans and Conservatives in the House, far from being a weapon against agency prerogatives, are finding their own voice as the voice of We the People, who as the sovereign in our nation determine what prerogatives our government and any of its agencies may (not can) have and for how long.

COMSEC

COMSEC, COMmunications SECurity, is the practice of protecting communications, and types of communications, no one of which is classified in any way, but that when aggregated with others can reveal classified information, even highly classified information. An example of this, probably apocryphal but illustrative nonetheless, is the WWI allies’ putative practice of reading the Berlin newspaper society pages to see which German general or generals were in Berlin for the opera. The portions of the Western front for which those generals were responsible could be expected to be quiet for the time being.

It’s also the real world case that, during the runup to the Allies’ WWII D-Day invasion, military radio traffic was steadily increased in areas in Great Britain’s southeastern regions in order to make it appear that a (the) military buildup was occurring there rather than where it actually was occurring, a deliberate use of COMSEC (here in combination with OPSEC, OPerations SECurity) weakness to spoof the Germans.

Now we learn that the People’s Republic of China’s People’s Liberation Army has been floating a fleet of spy balloons across the world, listening to communications across five continents (apparently, the winds aloft don’t blow southerly enough to get balloons reliably over Antarctica or Australia). The balloons are capable of geo-locating the origins of the communications they overhear, also.

But over five continents? The PLA likely is interested in the doings of the nations resident on those continents; however, the US remains a global power with installations all over the globe. It’s a safe bet that the primary target of those spy balloons is us and our doings around the world.

COMSEC. It would be highly useful to the PLA were its balloons, or the PLA back home on receipt of the intercepted transmissions, able to decode the communications. It’s enough, though, for the comms to be tracked back to their origins. Those concentrations then reveal sites worth focusing espionage efforts on, efforts ranging from spy shoes on the ground to focused listening from nearby locations (like, perhaps, farmland near government sites or office space near government buildings) to directed observations from orbit. Those concentrations can, on occasion, overtly expose sites of which the PLA hadn’t yet learned the existence.

This is only part of what President Joe Biden (D) deliberately allowed a PLA spy balloon to do for several days a bit over a week ago.

It’s only part of what the NORAD Commander, General Glen VanHerck, deliberately allowed with his failure of judgment in not recognizing that a spy balloon (which he correctly understood it to be) from an enemy nation was [] demonstrating hostile act or hostile intent that would have allowed him to destroy the device after it entered American airspace (not just our ADIZ) over the Aleutian Islands.

Don’t Waste Any More Time

The House Committee on Oversight and Accountability asked for Hunter Biden’s bank and communications records. Biden’s lawyer, Abbe Lowell, said “No” with the rationalization that the Oversight Committee’s request lacked oversight basis. This excuse is so risible as to be contemptible.

Enough.

Stop wasting time handling these persons with kid gloves. Subpoena the documents, and then go get them under threat of arrest—and actual arrest and lockup—using the Senate’s Jurney v MacCracken precedent. Find Hunter Biden in contempt, have the House Sergeant at Arms arrest him and bring him before the House, there to try him on the contempt charge, and if convicted jail him until he clears the contempt failure by producing the untampered with (vis., unredacted) documents for the Committee’s satisfaction.

The Supreme Court’s ruling on MacCracken, which makes clear that this power extends to each house of Congress and is not limited to the Senate, can be read here.

‘Twarn’t Me

President Joe Biden (D), in a backhanded acknowledgment that classified documents in his possession got mishandled as he left office in January 2017, now is blaming his staff for the…error.

One of the things that happened is that what was not done well is, as they packed up my offices to move them, they didn’t do the kind of job that should have been done, to go thoroughly through every single piece of literature that’s there. To the best of my knowledge, the kind of things they picked up are things, they’re from 1974, stray papers. There may be something else, I don’t know.”

Couple things about that. One is that it was Biden’s office, not theirs; it was his responsibility to see that the packing was done properly. That’s not a responsibility he can pass off onto others.

The other thing, the larger thing, is why Biden still had those classified documents still in his possession at that late date? Why hadn’t he already returned them, signed them back into their vault?

And: now he’s saying he might still have classified documents from as far back as 1974? Might? Doesn’t he know?

Whatever. Those will be somebody else’s fault, too.

Not Too Circular….

During last Wednesday’s House Committee on Oversight and Accountability hearing regarding the Federal government’s collusion with social media, social media powdered wigs were asked whether they had used disappearing message apps to talk with government officials.

Twitter’s ex-Chief Legal Officer Vijaya Gaddee’s response:

Not to the best of my records.

Which, of course, her records would not indicate, her messages with government officials (like another “witness” in front of the committee, then-FBI General Counsel James Baker) having disappeared via those apps.

Incidentally, Baker, in front of the Committee in his role as ex-Twitter Deputy General Counsel, claimed I don’t recall whether he had used disappearing message apps.

Go figure.