Happy Tuesday! Blessings on you and your family, and from all the Huckabee staff!
Today's newsletter includes:
- Bombshell story
- Two weeks before trial: Durham update
- And much more.
1. DAILY BIBLE VERSE
The king’s heart is in the hand of the Lord,
Like the [a]rivers of water;
He turns it wherever He wishes.
Proverbs 21:1 NKJV
If you have a favorite Bible Verse you want to see in one of our newsletters, please email [email protected]
2. Bombshell story
Before I say anything about last night’s big bombshell story about the Supreme Court and Roe v. Wade, let me get a few caveats out of the way:
The initial draft of a majority opinion allegedly written by Justice Alito appears genuine, but that doesn’t mean it is. Also, initial drafts are just that: drafts. They can change over time as the Justices continue to debate. They can even change their votes. And this decision was not set to be released for a couple of months yet. Also, while it seems that the most likely culprit to have leaked it would be a liberal law clerk hoping to gin up public pressure on the Justices to change their votes, we don’t know for sure who leaked it. Now, on to the story:
Politico released what it claims is a leaked initial draft of a majority opinion of the SCOTUS, overturning Roe v. Wade, the 1973 ruling legalizing abortion (and isn’t it bizarre that the media suppressed the Hunter Biden laptop story on the excuse they don’t publish hacked evidence – which that wasn’t – but they ran to get this out, when it could have been stolen by hackers.)
As you’d expect, the legal reasoning of the alleged Alito-written opinion is rock solid, and nothing new to anyone who’s paid attention over the past five decades. Roe was a ruling with zero basis in the Constitution; a political statement disguised as a judicial ruling. The draft opinion points out that there is nothing in the Constitution about a right to abortion, and the long history of laws banning abortion shows that the Founders never intended to include such a right. The Constitution also does not prohibit citizens of the states from banning or regulating abortion. This was clearly a profound moral question that the Founders left up to elected representatives in each state. It says that with the Roe v. Wade ruling, the SCOTUS arrogated that authority, which the Court now returns “to the people and their elected representatives.”
The Facts, For Those Who Care…
Not that they matter to the hopped-up radicals currently screaming all over TV and social media, but here are some facts:
If it is true that the SCOTUS has voted to overturn Roe v. Wade, it will not be unprecedented. There have been bad rulings before, and some have been overturned by the Court while others were killed by subsequent laws.
It also will not mean that abortion will be banned. As I’ve been saying for years, it would return the question to the states. We already have blue states that are passing abortion bills so radical, they’ve virtually legalized infanticide. And there are red states like my home state of Arkansas that have recognized the sanctity of life from the moment of conception and passed laws limiting abortion to before a detectible heartbeat, or other early points of development.
As legal scholar Mark Levin explained, the Founders intended the federalist system to respect the individual cultures of the states, while allowing free travel between them for those who disagreed. There would be nothing stopping someone who wanted an abortion from going to a state that allowed them. While I would hope that the pro-abortion side would change their hearts (and open their minds to rapidly evolving science on what’s happening in the womb), for the foreseeable future, there would still be states that allowed abortion. Those who argue that poor women couldn’t afford to travel could just give them money for a bus ticket instead of showering millions on Planned Parenthood.
The Secondary Bombshell
What is unprecedented is the leaking of this SCOTUS draft, which was described by law professor Jonathan Turley as “unspeakably unethical” and by the SCOTUS Blog as “the gravest, most unforgivable sin,” an “earthquake” in terms of the destruction of trust among Justices and staff. The Justices need to be able to freely debate cases without concerns about their private thoughts leaking and being politicized, and that’s exactly what happened the second Politico released this.
The “scream-at-the-sky” crazy leftwing went predictably berserk, forcing authorities to put security and barricades outside the Supreme Court. Chief Justice Roberts reportedly wants an FBI investigation to identify who leaked this. There’s some question as to whether it’s a federal offense, but Fox News’ Laura Ingraham, who clerked at the SCOTUS, said clerks are told on day one that if they ever leak any private material, they are done at the Court and their law careers will be over. She called it “a line that could never be crossed.”
I assume that if a liberal clerk did this, he/she/xe doesn’t care and assumes the perfidy will result in a fat book contract, a CNN commentator gig and the other perks that typically support loyal leftists whose lack of ethics has left them otherwise unemployable.
And The Dems Are Off To The Races (the November Races)…
Naturally, some Congressional Democrats immediately seized on the news, since they’re desperate for any emotional issue to fire up their voters before the coming elections and make them forget just how terrible they are at governing.
The very first reaction of leftists such as Sen. Bernie Sanders was to call for either trying to stack the Court or circumventing the ruling by passing a national abortion legalization bill already passed on party lines by the House – and if they don’t have enough votes, then kill the Senate filibuster to shove it down Americans’ throats with 51 votes. That’s their typical “my way or the highway,” "cheating is justified when we do it" attitude. Lots of yak-yak about “diversity,” but zero tolerance for diversity of thought. And does Bernie really think Joe Manchin would vote to go along with that?
It’s so on-brand of today’s Democrats that after spending over a year accusing Republicans of launching an assault on the sacred institutions of democracy, they turn on a dime and rush to destroy the sacred institutions of democracy to get their way. It’s also very predictable that the bill they want to pass to legalize abortion bears the wildly misleading title, the “Women’s Health Protection Act.” If they truly believed that aborting babies was morally and ethically justifiable, then why do they struggle so hard to come up with fuzzy euphemisms to hide what they’re really doing, like “women’s health” or “reproductive justice”?
Or as President Biden put it as he tried to turn it into a winning election issue, “A woman’s right to choose is fundamental.” Two questions: To choose WHAT, Joe? Also, could you please define “woman”?
Many legal experts are warning that if the intent of the leak was to gin up the mob to threaten the Justices into changing their votes, that’s likely to backfire. The Justices take very seriously their duty to rule based on the cases and the Constitution, not heated political considerations. In fact, the conservative most likely to compromise or vote with the liberals, Chief Justice Roberts, is also known for being very concerned about maintaining the integrity and image of the SCOTUS, and appearing to bow before a mob would undermine it even worse than this leak.
Again, this is an alleged leaked draft, and the Court has NOT yet ruled on this case. Mature adults know that you wait until the decision is released and then deal with it like rational people who respect the Constitution and the diversity of opinion among the various states (look at me, having to defend diversity from angry leftists!)
But the Democrats are reacting like hyperactive children, throwing a tantrum and threatening to burn down the house if they don’t get what they want. If they really think this is going to convince people to keep them in power, I can understand why they’re dumb enough to believe that Roe v. Wade was such a solid Constitutional ruling that it could never be overturned.
I was on Newsmax last night, talking about this issue, to emphasize that the Democrats’ version of “The Big Lie” is claiming that overturning Roe v. Wade would ban abortion. Also, that this leak is the Democrats’ version of “Insurrection” in attempting to undermine, damage and even destroy the institution of the Supreme Court.
PS: To correct a live TV slip of the tongue, I meant that 62 MILLION babies have been sacrificed on the altar of this terrible ruling since 1973.
The Supreme Court has now confirmed the authenticity of the leaked draft opinion on Roe v. Wade released last night by Politico, and Chief Justice Roberts has directed the Marshal of the Court to launch an investigation to uncover the source of the leak.
3. Two weeks before trial: Durham update
With so much breaking news to cover this past week, updates on the Durham investigation were held a few days. (As it was, we had so much commentary that we reached the limit for what we could post on Substack.) But Durham is building the case that this was a widely coordinated plan. Let's start with what we know about Marc Elias.
As Aaron Kliegman of JUST THE NEWS reports, Elias was “a central figure in both the Russia collusion hoax, which cast doubt on Trump’s victory in 2016, and the effort to upend the nation’s voting laws in unprecedented ways, which cast doubt on Biden’s victory in 2020.” Elias takes the prize: in his actions over two presidential elections, he appears to be the legal mastermind behind the destruction of America’s election integrity.
Elias, as you know, was a partner along with Michael Sussmann in the law firm Perkins Coie, which in 2016 represented both Hillary For America and the DNC (same thing) and hired Fusion GPS, which in turn hired Christopher Steele, who created the “dossier.” They also worked with Rodney Joffe to create the Alfa Bank hoax and shop it to the intel bureaucracy and the media. That’s the period Durham is looking at.
But for 2020, Elias filed lawsuits around the country, particularly in battleground states, to undermine basic security protocols. COVID was used as a pretext for adopting mail-in balloting on a massive scale. (Aside: look for the same strategy this fall.) He also sued to challenge laws such as voter ID requirements and absentee ballot witness requirements, which he argued disenfranchised voters. Never mind how racist it is to imply black voters can’t get an ID.
Elias focused on “four pillars”: 1) free postage for mail-in ballots, 2) ballots postmarked on or before Election Day must count, even if they arrive late, 3) signature matching should be “softened,” and 4) ballot harvesting should be legalized.
Ballot harvesting is perhaps the “pillar” most obviously associated with rampant cheating. As we recently reported, Wisconsin is currently conducting an investigation into a coordinated ballot harvesting operation in nursing homes across the state. And in Georgia, secretary of state George Raffensperger has opened a criminal investigation into illegal ballot harvesting.
Aside: Dinesh D’Souza’s new documentary, 2,000 MULES, shows how it was done in Maricopa County, Arizona. If you can’t get to a theater this week --- many showings are sold out, hooray! --- the live-stream premiere is Saturday, May 7, at 8PM Eastern Time. Here’s where to reserve tickets.
If Elias wants to talk about “pillars,” I would say one of the pillars on which our Republic stands is election integrity –- without it, we don’t have a country –- and Marc Elias has probably done more than any other individual to destroy that. (Mark Zuckerberg and George Soros are up there, though.) And yet it appears to be Elias’ life’s work. He says he’s trying to help people get their votes counted during a pandemic, but the website for his law firm, The Elias Firm, states its purpose as supporting progressive policies and getting more Democrats elected to office. Now that Democrats run everything and it’s turning out very, very badly, I’d say the only way he’s going to be able to fulfill his mission is to help them cheat like mad.
Next, Rodney Joffe. Durham’s team says that Joffe, the man identified in legal filings as “Tech Executive – 1,” who worked with Michael Sussmann on the Alfa Bank and “YotaPhone” hoaxes, remains the subject of an ongoing investigation. It looks as though he’s being scrutinized for possibly defrauding the Defense Advanced Research Projects Agency (DARPA), part of the Defense Department. This report from the Washington Examiner explains why we might suspect that. It would certainly explain why Joffe was denied immunity from prosecution.
Sussmann’s attorneys appear to be quite upset at Durham’s focus on Joffe. But the trial starts in two weeks (May 16), and Durham says “evidence at trial will show” that Sussmann, Joffe and agents of the Clinton campaign were “acting in concert toward a common goal” of “assembling and disseminating the [Alfa Bank] allegations and other derogatory information about Trump and his associates to the media and the U.S. government.”
Joffe’s attorney sent a letter to Sussmann’s office on April 1, saying Joffe would invoke his Fifth Amendment rights if called to testify, “even though he very much wants to set the record straight.”
Moving to Christopher Steele, you’ll recall that Sussmann’s attorneys at Democrat-connected Latham and Watkins are trying very hard to keep evidence regarding Steele out of court. Durham has countered by saying there is a “strong intersection” between the activities of Steele and Sussmann. If you’re keeping up with details, this FOX News report has them.
In fact, both sides agree that Sussmann met with Steele in July 2016, after which time Steele was tasked with investigating allegations into Alpha Bank. There’s your intersection. Prosecutors consider Steele’s efforts to be part of the “work stream” between law firm Perkins Coie and Fusion GPS, and that’s the big picture Durham intends to show.
Also recommended is this commentary from legal analyst Andrew C. McCarthy, who reports that at his trial, Sussmann will not be contending that data he provided to government agencies, supposedly showing communications between Trump Tower and the Kremlin, were accurate. Funny, when he took them to the FBI, he behaved as if he thought they were.
Based on that concession, Judge Christopher Cooper has ruled that the prosecution can’t spend time presenting “extensive evidence” that the data were inaccurate. Too bad; that would have been fun. More importantly, sparing Sussmann from proof in court that he was peddling evidence he surely knew was false is more than he deserves. But if Durham can independently show Sussmann knew it was deceptive, then that would go to criminal intent and “open the door” to allow prosecutors to discredit all his data piece by piece.
Finally, Margot Cleveland reported something intriguing a couple of weeks ago that got lost in the shuffle. The Federalist obtained an email dated July 23, 2021, following a second subpoena for materials relating to Durham’s investigation of the Alfa Bank hoax. It included a list of documents thought to be responsive to that subpoena, including “whitepapers” prepared for DARPA (again, Department of Defense):
1. “Whitepaper on DNC attack attribution”
2. “Analysis of attacks of EOP [Executive Office of the President] networks”
3. “Whitepaper for DOJ on APT-29 related hackers, crypto coin transactions, and analysis that includes Yota-related domains”
4. “’Mueller List’ – list of domains and indicator related to APT-28”
APT-28 is another name for the Russian group of hackers known as Fancy Bear. What we see from this is that the Georgia Tech group was also working for the Mueller investigation. They and DARPA were evidently involved in investigating the so-called “Russian hack” of the DNC. (Pause to let that sink in.)
Talk about an intersection. Details at the link. If you like getting into the weeds, read about the evolving Georgia Tech defense.
4. Russia-Ukraine War Update
Here’s today’s link to Fox News’ continually-updated Russia-Ukraine stories:
Latest developments: Russia's military has ramped up its assaults with a "scorched earth" strategy in Luhansk, reportedly because its leaders want to have a major accomplishment to tout on Victory Day on May 9th, when Russia observes the end of World War II…Russia’s Foreign Minister sparked outrage by repeating an anti-Semitic lie that some of the biggest anti-Semites, including Hitler, are Jewish, to blame the Jews for atrocities committed against them. Ukrainian President Zelenskyy said Russia has forgotten all the lessons of World War II…Zelensky also said the Russians are killing, torturing, enslaving and raping civilians, burning entire cities and villages, and waging a total war to destroy all living things. He said Putin’s goal is "the extermination of Ukrainians and everything Ukrainian." He predicted it would result in Russia’s “self-destruction in every sense of the word”...US intelligence sources say that despite China’s earlier appearance of backing Russia, Beijing does not appear to be providing significant military or economic support. I’d guess it’s because China realizes that when your rivals are fighting each other, you stand back and let them go at it.
5. RNC ordered to comply with request
A federal judge ordered the Republican National Committee to comply with Nancy Pelosi’s House January 6th Kangaroo Kommittee and give them the marketing data on their fundraising emails from November 2020 to January 6th. Because if you’re looking under every bed for “insurrectionists,” the best place to find them would be by snooping through the proprietary records of your political opponents’ fundraising operations. I’m used to these people and their endless fishing expedition, but seldom have their tactics smelled fishier than with this move.
The RNC will appeal the ruling, and let’s hope the higher court tosses it out, or it’s just delayed until the next Congress, when this illegitimate Kommittee and its bogus subpoenas will end up in the dumpster where they belong.
6. Primary elections today
Primary elections are being held today in Ohio and Indiana. Don’t forget to vote, but there are some scary weather forecasts, so please be careful and get home safely.
Speaking of elections, President Biden and other Democrats continue to insist that any attempts at ensuring the integrity of elections are racist, voter suppression and “Jim Crow 2.0,” and anyone who expresses concerns about vote fraud is a Q-Anon insurrectionist/conspiracy theorist. Yet for all the effort they’ve put into selling that load of banana oil, the public is not buying. In fact, they’re rejecting it more than ever.
A new survey by the Honest Elections Project found that 84% of Americans now support voter ID laws. That's 7 points higher than a year ago, with the surge accounted for by increased support among blacks and Hispanics. In addition, over 60% want vote trafficking, or bundling ballots and dropping them off in boxes, banned. Just over half want private funding of elections (“Zuckerbucks”) banned. 80% want voter rolls cleaned up to eliminate outdated information, duplicate names and dead people (or as Democrats call that, “voter suppression.”) 80% think mail-in voting requires adequate protections against fraud.
And only 9% of Americans think non-citizens should be allowed to vote. Those opposed to letting foreigners vote include 69% of black voters, 75% of Hispanic voters, 77% of Democrats and 83% of independents. And just to knock off the last insultingly racist objection to voter ID laws: 75% said it would be “easy” to write an ID number on a ballot.
See, this is one more reason why I support free speech, even for those I disagree with. The more Democrats talk, the more Republicans they create.
7. Around for years
Remember the good old days when we were told that inflation would be “transitory”? Well, that’s now transitioned to “Get used to it being around for years.”
8. Good observation
Funny how it’s taken the possibility of Roe v. Wade being overturned to make liberals suddenly claim to care about “women’s rights” again and remember that it’s women who get pregnant, not men.
I Just Wanted to Say
Thank you for reading my newsletter.