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Selective Blindness Or Conspiracy Of Anti-Trump Judges?

Our friend Michael Patrick Leahy has an important piece of investigative journalism up on Breitbart that puts meat on an argument we made in favor of impeaching the anti-Trump judges who overstepped their authority to block the President’s Executive Order on travel from seven terrorist hotspots.

As we noted in our article “Another Federal Judge Seizes Presidential Power” anti-Trump judges, such as Judge Leonie Brinkema, of the U.S. District Court for the Eastern District of Virginia ignored terrorism trials that James L. Robarttook place in court rooms in their own court houses to claim that there was no evidence supporting the President’s restriction of travel from seven majority-Muslim countries.

Leahy has now shown that there’s more to willful blindness behind this bizarre finding; there’s a potential conspiracy involving Democrat holdovers at the Department of Homeland Security, Muslim sympathizers in the media and the shadowy “immigrant rights” groups and Democratic state Attorneys General that have brought the lawsuits to overturn the President’s Executive Order.

Leahy points out that both federal judges who issued separate decisions on March 15 revoking President Trump’s travel ban cited a draft Department Homeland Security document leaked to the Associated Press by an unknown person and included in a story published on February 24 as evidence central to their rulings.

The significance of the unofficial leaked draft DHS document upon which these two federal judges relied in making their controversial travel ban decisions is the false information it conveys about the level of risk posed to national security by refugees who commit terrorist acts.

The data included in the leaked draft document “is dramatically different than the data reported in another list of terrorists compiled by former Senator, now Attorney General, Jeff Sessions,” Breitbart News reported last month.

Leahy notes that according to a document published by the Senate Judiciary Committee’s Subcommittee on Immigration and the National Interest, “DOJ Public/Unsealed Terrorism and Terrorism-Related Convictions 9/11/01-12/31/14,” 74 people from the seven countries identified in the temporary travel ban in Executive Order 13679–Iran (3), Iraq (19), Libya (1), Somalia (21), Syria (7), Sudan (3), and Yemen (20)–were arrested and convicted of terrorist acts between 2001 and 2014.

The Senate document identified 580 terrorists arrested and convicted, 375 of whom were foreign-born whose country of origin was also included in the report Leahy’s analysis confirms.

In other words, of the known acts of terrorism during this 13- year period, more than 19  percent (74 out of 375) were perpetrated by citizens of the seven countries subject to the temporary travel ban in Executive Order 13769. Those same seven countries accounted for less than one percent of the immigrant visas granted to residents of foreign countries during those 13 years.

A second document, titled “Individuals Implicated in Terrorism Since March 2014,” was also published by that same subcommittee.

“[Senator] Cruz and [Senator] Sessions’ office have so far identified at least 131 additional individuals [identified in that document] who have been implicated in terrorism since early 2014 — these haven’t been convicted and are newer cases. At least 54 of these individuals are foreign-born and 16 of them were initially admitted to the United States as refugees. At least another 17 are the natural-born citizen children of immigrants,” the Daily Caller reported.

Neither Judge Chuang nor Judge Watson mentioned these two Senate reports – “DOJ Public/Unsealed Terrorism and Terrorism-Related Convictions 9/11/01-12/31/14,” and “Individuals Implicated in Terrorism Since March 2014,” in their decisions.

Instead, notes Leahy they relied upon the draft DHS document leaked to the Associated Press and published in the February 24 Associated Press article.

“Plaintiffs argue that the stated national security rationale is limited and flawed,” Judge Theodore Chuang of the U.S. District Court in Maryland wrote on page 34 of his March 15 decision,

Among other points, they note that the Second Executive Order does not identify examples of foreign nationals from Iran, Libya, Sudan, Syria, or Yemen who engaged in terrorist activity in the United States. They also note that a report from the Department of Homeland Security, Office of Intelligence and Analysis, concluded that “country of citizenship is unlikely to be a reliable indicator of potential terrorist activity” and that “few of the impacted countries have terrorist groups that threaten the West.” l.R. 158. Furthermore, they note that the 300 FBI investigations are dwarfed by the over 11,000 counterterrorism investigations at anyone time, only a fraction of which lead to actual evidence of illegal activity (emphasis added)

“In addition to these accounts, Plaintiffs describe a draft report from the DHS, which they contend undermines the purported national security rationale for the Executive Order,” Judge Derrick Watson of the U.S. District Court in Hawaii wrote on page 13 of  his March 15 decision (emphasis added):

The February 24, 2017 draft report states that citizenship is an “unlikely indicator” of terrorism threats against the United States and that very few individuals from the seven countries included in Executive Order No. 13,769 had carried out or attempted to carry out terrorism activities in the United States. SAC ¶ 61 (citing SAC, Ex. 10, ECF No. 64-10).

According to Plaintiffs, this and other evidence demonstrates the Administration’s pretextual justification for the Executive Order. (emphasis added)

Judge Chuang, who made a factual error in the very first sentence of his March 15 decision, as Breitbart News reported, makes another factual error in his description of the document as “a report from the Department of Homeland Security, Office of Intelligence and Analysis.” Judge Watson accurately describes it as a “draft report,” but inaccurately describes it as a “February 24, 2017 draft report.” (emphasis added).

The draft document, or “report” that someone had obtained from DHS  and leaked to article authors Alice A. Caldwell and Vivian Salama was published on February 24 in an “Exclusive” Associated Press story. The leaked draft document was actually prepared some time prior to February 24.

Given the obvious flaws in the draft document, it is unclear why both Judge Chuang and Judge Watson chose to rely upon it so heavily in their decisions concludes Leahy.

It is also unclear who leaked the draft document from DHS, why these unknown persons leaked the draft document, how it came in to the possession of AP reporters Vivian Salama and Alice C. Caldwell, if any laws were violated by the leak, and whether or not there is a current investigation at DHS or within the Trump administration to determine the identity of the document leaker.

The original leaker was almost certainly a bureaucrat at the DHS Office of Intelligence and Analysis who either prepared the draft document or had access to the draft document observes Leahy.

Beyond that, there is no solid evidence as to the identity of the leaker.

There are, however, some curious connections between current and former officials in that office and the Democratic establishment and the press, in particular Associated Press.

John Cohen, the former Acting Under Secretary for Intelligence and Analysis at the Department of Homeland Security, is a known source of Vivian Salama, the AP reporter who co-authored the report that published the leaked document. (See January 27 article).

And, as Breitbart News has reported previously David Grannis, the Obama holdover bureaucrat who has served as Principal Deputy Under Secretary for Intelligence and Analysis at the Department of Homeland Security since 2015, the office in DHS where the draft document purportedly was created, is one of eight Obama holdovers at DHS who President Trump can “fire or remove.”

“As a civil servant, Grannis cannot be fired from his job,” Breitbart News reported.

Grannis’ background is of a highly political Democrat:

A lifelong Democrat, “[p]rior to joining DHS, Mr. Grannis served as the Staff Director of the U.S. Senate Select Committee on Intelligence (SSCI) from 2009 through 2014 and as the Minority Staff Director for 2015. During this time, he served as the principal intelligence advisor to SSCI Chairman Dianne Feinstein and SSCI Members and led the Committee’s efforts to produce and enact annual Intelligence Authorization Act from 2010 through 2016 and the Cybersecurity Act of 2015, according to the DHS website.

He has spent his career working for partisan Democratic members of Congress:

He previously served as a staff designee to Senator Feinstein on the SSCI from 2005 until 2009 with a varied portfolio of committee responsibilities. Mr. Grannis worked on the House Select Committee on Homeland Security with responsibilities for intelligence, aviation security, and science and technology from 2003 to 2005 and was Senior Policy Advisor to Representative Jane Harman on matters of national security from 2001 to 2003.

“A spokesperson for the Department of Homeland Security would neither confirm nor deny that Grannis was the author of, or had reviewed, the leaked draft document, though it did appear to be authored by someone associated with his area of responsibility within DHS,” Breitbart News reported on February 26.

How AP reporters Vivian Salama and Alice C. Caldwell came into possession of the leaked draft DHS document which they published in their Exclusive February 24 AP story is another unsolved mystery says Leahy.

But the connection between Salama and the plaintiffs in the case against President Trump’s Executive Order is much less mysterious.

According to her Linked In account, Salama is currently enrolled at Georgetown University Law School, in addition to her duties covering the White House in national security and foreign affairs for AP.

The International Refugee Assistance Project, one of the plaintiffs in the lawsuit in which Judge Chuang ruled on March 15 to revoke President Trump’s Executive Order 13780 which contained the travel ban for citizens of Yemen and five other Middle Eastern countrieshas a chapter at Georgetown University Law Center, as well as about thirty other law schools around the country.

Even this lengthy extract of Michael Patrick Leahy’s article doesn’t do it justice, you have to read the entire article, including the timeline, to understand how this potential conspiracy sets-up.

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