Saturday PM ~ TheFrontPageCover

The Front Page Cover
~ Featuring ~
Can the Feds Prosecute Foreigners 
if Their Actions Are Legal Where They Are?
by Judge Andrew Napolitano
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Mueller Buys Himself A Little Time – 
Issues First Witch Hunt Indictment
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{rickwells.us} ~ It seems Robert Mueller is feeling the heat... Recognizing that the golden opportunity that was created though their contrived set of circumstances that put him in a position to possibly take down the President is not going to last forever, he’s taking action. As the environment shifts from one of the uninformed or morally bankrupt public supporting Mueller’s witch hunt to one of recognizing that Mueller is part of a DOJ-FBI cover up and wider Democrat criminal conspiracy that is international in scope, his window of opportunity is shrinking. Mueller will be out of a job soon, possibly even next week, at the pace things are being revealed and most certainly within a month or so, once the FBI confidential information is able to testify before Congress...  https://rickwells.us/mueller-buys-time-indictment/
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Washington Free Beacon Via Billionaire Paul Singer Initially Funded Fusion GPS Anti Trump Oppo-Research
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{theconservativetreehouse.com} ~ A few media reports are all confirming the initial funding for the Fusion GPS opposition research against candidate Donald Trump came from The Washington Free Beacon... and the previously undisclosed underwriter for the WFB, billionaire Paul Singer. This makes sense because WFB was the primary conservative media advocate for candidate Marco Rubio who was also backed by billionaire Paul Singer. The primary editor of WFB Matthew Continetti is married to the daughter of notorious NeverTrumper Bill Kristol...  https://theconservativetreehouse.com/2017/10/27/washington-free-beacon-via-billionaire-paul-singer-initially-funded-fusion-gps-anti-trump-oppo-research/
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Brett Baier Interviews Attorney General Jeff Sessions
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{theconservativetreehouse.com} ~ Fox News host Brett Baier holds an extensive interview with U.S. Attorney General Jeff Sessions to discuss current headline issues.  https://theconservativetreehouse.com/2017/10/27/brett-baier-interviews-attorney-general-jeff-sessions/
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FBI Finally Agrees To Comply 
With House Intelligence Committee Subpoena
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{redstate.com} ~ Representative Devin Nunes, chairman of the House Intelligence Committee, asked the FBI for all their documents concerning their relationship with Steele. Crickets... He asked again and again. More cricket. Finally, on August 24, the Committee issued a subpoena to the FBI for the documents. Nunes threatened to hold Sessions and the acting FBI Director in contempt of Congress. The subpoena produced about as much respect as did the Committee asking nicely. Yet none of this jibes with reports that the FBI debated paying Mr. Steele to continue his work. Or that Mr. Comey was so convinced by the dossier that he pushed to have it included in the intelligence community’s January report on Russian meddling. Imagine if it turns out the FBI was duped by a politically contracted document that might have been filled up by the Kremlin...  https://www.redstate.com/streiff/2017/10/27/fbi-complies-house-committee-subpoena/?utm_source=rsmorningbriefing&utm_medium=email&utm_campaign=nl
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People Giving US Nuclear 
Materials to Russia Have Been Executed
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by BEN MARQUIS
{conservativetribune.com} ~ Amid all of the talk about the Uranium One scandal, one aspect of the story hasn’t received as much attention as is warranted... The liar-nObama administration, including former Secretary of State liar-Hillary Clinton, essentially granted control of strategic nuclear materials to a former mortal enemy turned belligerent rival that is still nowhere near being our “friend.” Of course, that rival is Russia, and it is worth noting that the last time someone gave nuclear materials to Russia, they were executed for their troubles. This was alluded to Thursday night by former White House adviser Sebastian Gorka during an appearance with Fox News host Sean Hannity to discuss the developing scandal, according to The Washington Times. “If this had happened in the 1950s, there would be people up on treason charges right now,” Gorka said. “The Rosenbergs, OK? This is equivalent to what the Rosenbergs did and those people got the chair.”...  https://conservativetribune.com/nuclear-materials-russia-executed/?utm_source=Email&utm_medium=patriottribune&utm_campaign=dailyam&utm_content=libertyalliance
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Can the Feds Prosecute Foreigners 
if Their Actions Are Legal Where They Are?
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by Judge Andrew Napolitano
{townhall.com} ~ I am in Switzerland this week interacting with and lecturing to students and faculty at the University of Zurich. The subject of our work is the U.S. Constitution and its protections of personal liberty.

In most countries, government has begrudgingly granted snippets of personal liberty to keep those who are demanding it at bay. Throughout history, kings and other tyrants have, from time to time, given in to pressures from folks to recognize their natural rights. These instances of "power granting liberty," as the practice has come to be known, usually have come about to avoid further bloodshed.

In the United States and Switzerland, however, the opposite took place. In both countries, sovereign states came together to establish a central government peacefully. This model is known as "liberty granting power." Indeed, the Swiss Constitution is modeled on our own, whereby free and independent states delegated some of their sovereignty to a new, limited central government.

Today, however, the two countries are embroiled in a below-the-radar dispute over whether U.S. federal courts can try Swiss nationals who have diligently followed Swiss law and who have never been in the U.S.

Here is the back story.

When Thomas Jefferson wrote the Declaration of Independence, he included a section he would later refer to as the indictment of British King George III. It characterized the "long train of abuses and usurpations" designed by the king to "harass our people, and eat out their substance." This was harsh language, even by today's standards.

One of those abuses and usurpations was "for transporting us beyond Seas to be tried for pretended offenses." He was referring to the British practice of charging colonists -- who had never been to Great Britain -- in London for behavior that was lawful in the Colonies but somehow allegedly ran afoul of English law.

The typical charge was speaking out and inducing others to oppose the king and Parliament or refusing to pay their unlawful taxes. These so-called crimes were often generally characterized as treason against the Crown.

This British practice of dragging American colonists before British judges and British juries was so offensive to the colonists that the Framers sought to prevent it from happening here by crafting two prophylactic clauses in the Constitution itself. One clause defined treason as only levying war against the United States or giving aid and comfort to our enemies. The other clause required that people be tried in the state where such crimes were alleged to have been committed.

The Constitution recognizes that American people and property can be harmed by foreigners in foreign countries, and the common law at the time required that if there was no harm, there was no crime.

These first principles -- crime is harm and people should be tried in the place where they are accused of committing a crime -- have been bedrocks of Anglo-American jurisprudence for hundreds of years.
 
The reason for trying a criminal case in the place where the action took place is to comply with the constitutional requirements of due process. The form of due process requires the pre-existence of the statute allegedly violated, notice of the violation, a trial before a neutral judge and jurors, and the right to appeal the trial's outcome, but the essence of due process is fairness.

Fairness at trial means that the defendant has the constitutionally required tools available to him, not the least of which are witnesses and tangible things to aid in his defense. The Framers knew this would be nearly impossible to achieve in a foreign land before a foreign court.

This understanding subsisted until the Reagan administration when the government began seizing foreigners abroad and bringing them to the U.S. for trial. Though these seizures were repellent, the crimes -- violence against individuals or large-scale distribution of dangerous drugs -- were crimes everywhere, and the harm caused by them was palpable.

Until now.

Now Swiss bankers who have followed and respected Swiss banking laws -- which honor the privacy of customers, no matter who they are -- and who have never caused harm to American people or property are on trial in the U.S.

The charges? Violating U.S. banking laws by failing to report suspicious transactions to U.S. banking regulators. And for those "pretended offenses," these bankers have been transported "beyond Seas" for trial.

The Department of Justice is unable to point to any harm caused by these so-called offenses, but federal judges, just as they did in the Reagan era, are accepting the DOJ argument of universal jurisdiction -- that somehow American federal courts can try anyone, no matter where a person is said to have committed a crime, as long as the defendant is physically in the courtroom.

But this violates the Declaration of Independence and Constitution's first principles, and it subjects American bankers and government officials to the same pretended universal jurisdiction of foreign courts. Indeed, a court in Spain has indicted former President George W. Bush and former Defense Secretary Donald Rumsfeld for alleged war crimes committed in Afghanistan.

Why should Bush and Rumsfeld answer to Spain for events that allegedly occurred in Afghanistan? Why should Swiss bankers answer to the U.S. when they didn't violate Swiss law?

This is all about power and the fiction of universal jurisdiction -- a fiction the Framers thought they had buried. It needs to be buried again.
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