Narcolepsy is hitting hard, so I gotta hit and run.
Durham has a plan.
How do you introduce evidence legally?
He's going after the low-hanging fruit first.
You can't indict Hillary without evidence. You can't get evidence without discovery. You can't get discovery without evidence. That's the game the Court plays, and the primary method crooked Judges use to avoid hearing cases -- hiding behind standing and foundational evidence.
It's a common liberal tactic.
"You can't prove it!"
"HERE! Just read this! It's clear as day evidence that Hillary is guilty!"
"I'm not reading anything until you prove your claims!"
...
So, how do you get around this tactic?
Well, discovery of evidence is valid between courts. If one court finds the evidence credible in their discovery phase, it can transfer over to another court.
So, since we can't find a single honest court to hear evidence against Hillary, we must be like Iron man and introduce seemingly unrelated evidential facts before smaller courts. Then, once they are all laid out together, a greater Conspiracy Framework comes into focus.
Please watch until the end:
https://youtu.be/5Rb9hAHifFA?t=151
Durham is putting it together, in a cave... With only a box of scraps.
Each case is gonna seemingly fizzle out and go nowhere. But each one is going to present small matters of fact that allude to a more in-depth conspiracy, until the foundation is laid and all bricks point towards Hillary and Obama.
How do you build a home? Foundation to structure (layers).
Layers (U1, Iran, Human Traffic, Haiti, Corruption, etc etc).
Q already laid out the checklist.
One leads to the other, like stacking bricks.
First comes corruption in the election.
Which leads to Haiti and their blood harvesting.
Which leads to Human Trafficking worldwide.
Which leads to Iran and Alice in the Bloody Wonderland (Saudi Arabia)
Which leads to the U1 deal to frame Russia and spark WW3
Which leads to... "We're saving Israel for last"
Durham is only getting started.
That's bad news if you expected this to end soon.
If each case is about 2-3 weeks, we're looking at about 4-5 months.
Right in time for October.
The Hunt is On.
So, it was unnecessary to get into the constitutional pitfalls of the office of special counsel to explain any minor discrepancies, if any, between the US Attorney office and office of special counsel. Because there are none as it relates to these regulations you cited. But also, this is a pointless contention, even if true. We are talking about the protection of internal records from disclosure, and if you were actually correct, they would be inconsequential.
28 CFR § 16.81 covers US Attorneys. What you cited was the office of Attorney General. Notice that they are the same exemptions as the Special counsel.
https://www.law.cornell.edu/cfr/text/28/16.81
(a) The following systems of records are exempt from 5 U.S.C. 552a(c) (3) and (4), (d), (e) (1), (2) and (3), (e)(4) (G) and (H), (e) (5) and (8), (f), and (g):
28 CFR § 700.31
https://www.law.cornell.edu/cfr/text/28/700.31
The following system of records is exempt from 5 U.S.C. 552a(c) (3) and (4); (d); (e)(1), (2) and (3); (e)(4) (G), (H) and (I); (e) (5) and (8); (f); and (g):
It is simply implausible that a special counsel, who is not appointed by the President per the Constitution's appointment clause, and not subject to advice and consent of the Senate per Art. 2 § 2 cl. 2 for officers of the United States could exercise some authority greater than that granted to confirmed officers of the United States - US Attorneys.
28 CFR § 600.6 - Powers and authority.
Subject to the limitations in the following paragraphs, the Special Counsel shall exercise, within the scope of his or her jurisdiction, the full power and independent authority to exercise all investigative and prosecutorial functions of any United States Attorney. Except as provided in this part, the Special Counsel shall determine whether and to what extent to inform or consult with the Attorney General or others within the Department about the conduct of his or her duties and responsibilities.
And the AG's regulations also do not confer powers in excess of those found with US Attorneys for the obvious reason of "officers of the United States" requirements in the Constitution. It is a narrowing and limitation of powers that the SC's office is subject to.
It's clear you can't even identify the differences between these two lines.
5 U.S.C. 552a(c) (3) and (4), (d), (e) (1), (2) and (3), (e)(4) (G) and (H), (e) (5) and (8), (f), and (g)
length: 106
and
5 U.S.C. 552a(c) (3) and (4); (d); (e)(1), (2) and (3); (e)(4) (G), (H) and (I); (e) (5) and (8); (f); and (g)
length: 110
Also, I'm glad you posted 28 CFR § 600.6 - Powers and authority while making sure to not italicize the most important part of it-
within the scope of his or her jurisdiction, full power and independent authority
The very fact the special counsel has independent authority confers more powers than a standard US Attorney.
What about that fact is so hard for you to admit?
So, yes, a Special Counsel can conduct a thorough investigation of potential crimes committed, to issue subpoenas, and file charges, just like a standard US Attorney can. There's no unique power in that regard.
Can standard US Attorneys create their own staffs without regards to budgetary constraints and with no input from the Department of Justice? Yes or no?
Let's move on.
Except as provided in this part, the Special Counsel shall determine whether and to what extent to inform or consult with the Attorney General or others within the Department about the conduct of his or her duties and responsibilities
In other words, who is Durham accountable to?
Theoretically, the idea of having a special counsel is that he operates independently, though he can still be fired by Attorney General Merrick Garland.
It’s up to Durham, though, to determine how involved he wants Garland to be in this investigation.
That is simply not the case for a standard US Attorney, and that fact alone proves a Special Counsel wields unique powers.
I’m sorry for missing an entirely inconsequential exemption. Why are you acting like this is some kind of significant thing? What is significant about it?
And, just like US Attorneys, neither must consult with the AG on their conduct, duties, and responsibilities. US Attorneys have independent authority too. The decision to charge and what to charge rests with the US Attorney. Unless the offense requires approval by the AG by federal statute; of which there are a few of those. And the SC would not be exempt from complying with those statutes by consulting with the AG. A DOJ regulation in the CFR does not void a statute. About the only thing the AG can do to a US Attorney is direct them to make specific reports.
The President is the one who can fire US Attorneys. The AG cannot.
https://www.law.cornell.edu/uscode/text/28/541
This is literally the most frivolous discussion. You are basically saying “But! But! But! The Special counsel can have green radio buttons in his car instead of white and gets a Shell gas card instead of Exxon. This PROVES he has extra special super hero powers!”
His authority is NOT unique. It is the same level of authority as a US Attorney. Except that since he isn’t a US Attorney, there are some duties he doesn’t have to perform - like writing reports requested by the AG. But he also doesn’t have carte Blanche to pursue whatever cases he wants - because his prosecutorial powers are limited to the scope defined by the AG - something that NO US Attorney is subject to. The US Attorney has plenary prosecutorial powers in the district they were appointed. The SC has limited prosecutorial powers in any district that might have had a crime within the scope of the SC. A US Attorney can only be appointed and removed by the President. The SC is appointed and removed by the AG.
So why you are so hellbent on finding super powers in the SC office based off of a completely irrelevant and inconsequential exemption from a public records act is beyond me.
The funny thing is you probably believe upvotes matter and downvote the truth just because you're wrong.
This isn't a discussion. This is you unwilling to admit you are wrong about something.
Did I ever say the Attorney General could fire a US Attorney? What's your point exactly other than padding your post with useless paragraphs?
P.S. Special counsel, Durham can't be easily removed by the Biden Administration as only an attorney general can fire a special counsel. Any firing must be made in writing and carried out only for specific reasons like misconduct and conflict of interest. As a special counsel, Durham won't be directly supervised by the Justice Department but can be required by Biden's attorney general to explain his investigation and its procedural steps.
https://www.newsweek.com/democrats-worry-special-counsel-john-durham-will-tie-bidens-hands-settle-old-scores-russia-1551680
And why are you so hellbent to prove Durham doesn't have super powers AKA independence from the Department of Justice? What is YOUR mission, handshake?
Wrong about what? That I missed an entirely inconsequential exemption from some public records protection act that means absolutely zilch in the grand scheme of things and does not have any bearing on the powers of the office of SC?
You are the one that chimed in here to "fact check" me on what I said. I stand by what I said. You don't have any idea what you are talking about. He doesn't have powers above and beyond a US Attorney. And if you don't understand the plain constitutional issues that damned the original special counsel statute, you won't understand why they cannot do that. If you actually think the privacy act has some kind of impact or effect on this analysis, that is truly a meritless argument.
None of what I was saying are "useless paragraphs." They are to illustrate that the office of Special Counsel is not superior to the office of US Attorney. If you can't see that, then you don't understand how any of this works. Like I said before, the special counsel trades geographic forum limitations for limited scope of investigatory/prosecutorial powers. There is absolutely nothing inaccurate about that. The SC office has no investigatory or prosecutorial power exceeding the office of US Attorney.
If you want to consider no geographic limitations a "special privilege" then you are just arguing with me about nomenclature semantics. Since that "special privilege" came at a loss of plenary prosecutorial power, I simply would not agree it is a privilege.
Why would you want to continue believing something demonstrably inaccurate? And then why would you act like simple facts and evidence are proof of some "handshake" ulterior motive? Sorry if you'd rather carry on believing something else. But I'm not going to praise the emperor's new clothes along with you just because you say so. When the head of DOJ tells you what the scope of your duties entails, no reasonable person could call that "independence from the department of justice." Akin to a child pronouncing his independence from his parents as a result of receiving a list of household rules along with chores to be done. This is shooting the messenger because somehow what I said causes you cognitive dissonance and you blame me for it. Just don't bother reading what I say or chiming in if its so upsetting.