The walls are closing in on the Biden administration and DOJ
Joe Biden is facing simultaneous challenges.
- The collapse of Afghanistan in place of a “decent interval”;
- The resurgence of the Covid Delta variant in place of the anticipated reopening of society;
- Looming inflation and economic problems in place of the anticipated boom.
- The unending border crisis.
It’s a dramatic reversal of fortune on all fronts. Biden failed to anticipate either the events or their speed and intensity and there is little to suggest he can handle the second order crises that is coming in its wake.
Reality has gotten inside Joe’s OODA loop.
OODA loop is a military doctrine meaning Observe, Orient, Decide, Act. There’s no indication that he has the capacity to utilize this method of dealing with challenges, and challenges to his policies are finally running into some judicial blocks, blocks which have taken far too long .
The Outrageous Unconstitutional Treatment of January 6 “Insurrectionists”
Earlier this week, I indicated some of them. Since then, Julie Kelly has detailed pushback, primarily from D.C. federal judges Amit Mehta (an Obama appointee), Trevor McFadden, and even the mercurial Emmet Sullivan. The prosecution is skating on ever thinner ice.
Mehta told prosecutors overseeing the Oath Keepers conspiracy case that he wanted an update on the database by August 18 since the first trial date is scheduled for January 2022. The judge also reminded prosecutors about their obligations under the Brady rule, which requires the disclosure of evidence favorable to the defendant.
(In an interesting disclosure, the prosecutor said the government does not have closed-circuit security footage from the doors on the east side of the Capitol building. She said they are looking “informally” at other sources of video that could contain exculpatory evidence. Stay tuned for updates -- this might represent the first of many “disappearing” surveillance videos.)
Mehta and McFadden aren’t the only judges pushing back. In a hearing on Wednesday, Judge Emmet Sullivan warned prosecutors he would “seriously consider some sanctions” if the discovery system isn’t online within the next 30 days.
That deadline seems like a stretch. (It is also unlikely Sullivan, the biased judge in the Michael Flynn case, will follow through with his threat.)
January 6 defendants appear to have almost no shot at a fair trial in Washington, D.C. Up until this point, Biden’s Justice Department has been in full control. Scrutiny by Beltway judges, albeit overly cautious and long overdue, is nonetheless welcome. After seven months -- and counting -- of pure hell for the Caldwells, Mehta’s pushback offers the tiny glimmer of hope they’ve been looking for.
Last month a prosecutor told Judge McFadden that as a “conservative estimate” the government could not meet its full discovery obligations until early in 2022, to which Judge McFadden replied, “this does not feel what the Constitution [and] the speedy Trial Act envisions.”
It’s been a cute prosecutorial trick to keep adding defendants and then claiming because there are so many and so much material to evaluate that it cannot meet its discovery obligations for months and the defendants, without a hearing, must be locked up (many in solitary) for months and months in clear violation of their right to a speedy trial. I think the trick is losing its magic.
So much of the left’s strategy depends on persuading voters that Trump supporters and the like are barbarians intent on overthrowing the government by any means. What happens when most of these cases collapse, as I think they will with a bit more sunlight on the Department of Justice’s foul plays?
...
So much of what the Democrats have been pushing since the 2020 election was based on at best wrongful conjecture about Trump, his policies, and his supporters. It is all unraveling before the eyes of even a supportive media. The treatment of those arrested for the Capitol riots looks abusive and in some cases illegal. Biden is botching things from Afghanistan to inflation at home.
See, also:
On Afghanistan fiasco, even CNN points the finger straight at Joe Biden
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