Tag Archives: government

Not Just DoJ

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It has come to light that DoJ prosecutors convened a grand jury and got subpoenas with which to investigate then-House Intelligence Committee Chairman Devin Nunes (R) and a number of Republican Committee staffers during Nunes’ Committee investigations into what are now known to be Progressive-Democratic Party collusion with DoJ to create a false narrative of Republican collusion with Russia.

“The FBI and DOJ spied on a presidential campaign, and when Congress began exposing what they were doing, they spied on us to find out what we knew and how we knew it,” Nunes said. “It’s an egregious abuse of power that the next Congress must investigate so these agencies can be held accountable and reformed.”
The subpoenas demanded a broad swath of records from Google, including “all customer and subscriber account information” for [then-Committee Senior Counsel Kash] Patel and the other staffer, “addresses (including mailing addresses, residential addresses, business addresses, and e-mail addresses,” user names, “screen names,” “local and long distance telephone connection records,” and even the “means and source of payment for such service (including any credit card or bank account number) and billing records.”

That’s bad enough, but I’m especially concerned about another, closely related matter. Retired FBI Assistant Director for Intelligence, Kevin Brock:

A federal grand jury subpoena for records can only be issued after some type of criminal investigation has been opened.  So whoever sought the subpoena will have to be prepared to articulate why they thought these staffers broke the law. And it better be a substantial violation, something more than just a media leak investigation for example, otherwise it will risk being perceived as a gross misuse of the grand jury process to intimidate or chill a congressional committee demanding pointed answers from DOJ.

The larger question in my view—especially if the subpoenas were issued on an allegation of a chump change crime—is who were the judges, if any, who played along and approved the grand jury subpoenas, what were their rationales for their approvals? Also, who were the prosecutors convening the grand jury? It’s possible they came from the DC US Attorney’s Office, but who in particular?

Government-Tech Censorship?

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In his op-ed concerning social media censorship, Philip Hamburger, Columbia Law School Maurice & Hilda Friedman Professor of Law, had this:

Amid growing revelations about government involvement in social-media censorship, it’s no longer enough to talk simply about tech censorship. The problem should be understood as gov-tech censorship.

He’s on the right track, but he doesn’t take it far enough, even as he writes this:

The Biden White House has threatened tech companies and federal agencies have pressed them to censor disfavored opinions and users.

That’s the nub of the matter. It’s not gov-tech censorship; it’s Government-directed tech censorship. Nothing less.

Blockchain and Cryptocurrency

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Lots of folks tout cryptocurrency as the be-all and end-all of currency and liberation of our money from Evil Government.

However.

Here’s a bit about blockchain.

A blockchain is a distributed database or ledger that is shared among the nodes of a computer network. As a database, a blockchain stores information electronically in digital format. … The innovation with a blockchain is that it guarantees the fidelity and security of a record of data and generates trust without the need for a trusted third party.

Guarantees the fidelity and security of a record of data—the fidelity part of that is that each transaction of good in a sequence of transactions is explicitly tracked and its provenance known: who or what did the transaction and who or what received the transaction. At every step of the way from first origin of the first transaction to the last recipient of the last transaction.

Here’s a bit about cryptocurrency, using the hoary Bitcoin as a canonical example.

The key thing to understand here is that Bitcoin merely uses blockchain as a means to transparently record a ledger of payments, but blockchain can, in theory, be used to immutably record any number of data points.

Cryptocurrencies use blockchain—and that ledger, here, of payments (from whom or what to what or whom)—to track the financial transactions.

That immutable record of transactions is just what governments love to have in order to track their subjects’ doings.

Cryptocurrencies are encrypted, though—that’s the “crypto” part. Except that any encryption mechanism can be cracked, and governments have the resources to do exactly that should the men in government decide they have a “need” to.

On the other hand, cash transactions still are untrackable.

Courts and State-Controlled Federal Elections

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In Moore v Harper, the Supreme Court is being called on to decide whether State courts can rearrange State elections laws—in particular, write their own Congressional district maps—as these pertain to how a State runs Federal-level elections.

It shouldn’t even be a question. Our Constitution is quite clear on the matter of who is responsible for setting the rules for Federal elections. Here’s Article I, Section 4:

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof….

And only the Federal Congress can adjust those Times, Places and Manner. Not State courts, not even Federal courts.

Our Constitution and every State constitution also is clear on the place and role of the court system in our Federal and State governments. The Judiciary branches are coequal with the Legislature and Executive Branches—neither subordinate nor superior to either. Especially, the Judiciary branches are separate from the other two branches; they are not additional legislative facilities.

State courts, including State Supreme Courts, the facility at proximate case in Moore, have no role in setting or adjusting State Legislature-written Federal-level election rules for their States.

One argument that is being pushed on the Supreme Court for allowing State courts to overrule State Legislatures is “the Founders couldn’t possibly have meant no court oversight of State election laws.” This is obviously inaccurate. In the first place, what the Founders meant in our Constitution is what they actually wrote down and passed out of Convention to submit to the people to ratify.

In the second place, what We the People meant when we ratified that Constitution is that written-down, passed out of Convention, Constitution, with a single modification by us. The Federalist and Anti-Federalist debate, which involved a number of folks in We the People, resulted in a commitment to pass Amendments comprising what came to be called the Bill of Rights—the first 10 Amendments—and We the People ratified those Amendments promptly out of the First Congress. None of those Amendments address in any way how an individual State conducts its Federal-level elections.

No court oversight State election laws is precisely what the Founders intended, and it’s exactly the intention of We the People.

Full stop.

Works for Me

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Senator Chris Murphy (D, CT) has his gun control panties all knotted up because lots of county sheriffs have said they won’t enforce intrinsically unconstitutional gun control laws.

I think we have to have a conversation about whether we can continue to fund law enforcement in states where they are refusing to implement these gun laws[.]

I’ve addressed whether local and county jurisdictions should accept State funding for this or that purpose or whether they, instead, should decline the funds and free themselves from higher government’s controlling strings.

At the national level, Murphy’s terms are acceptable.