Unz评论•另类媒体选择$
美国主流媒体大都排除了有趣,重要和有争议的观点
 博客浏览安德鲁·纳波利塔诺(Andrew Napolitano)档案
联邦调查局可以调查总统吗?
通过电子邮件将此页面发送给其他人

 记住我的信息



=>

书签 全部切换总目录添加到图书馆从图书馆中删除 • B
显示评论下一个新评论下一个新回复了解更多
回复同意/不同意/等等 更多... This Commenter This Thread Hide Thread Display All Comments
同意不同意谢谢LOL轮唱
这些按钮可将您的公开协议,异议,感谢,LOL或巨魔与所选注释一起注册。 仅对最近使用“记住我的信息”复选框保存姓名和电子邮件的频繁评论者可用,并且在任何八个小时的时间内也只能使用三次。
忽略评论者 关注评论者
搜寻文字 区分大小写  确切的词  包括评论
列表 书签

上周末,《纽约时报》报道说,联邦调查局高级官员非常担心唐纳德·特朗普总统解雇联邦调查局局长詹姆斯·科米的真正动机是,他们立即对总统本人进行了反情报调查。

《泰晤士报》报道说,这些官员认为,特朗普可能通过解雇科米来有意或无意地打入了克里姆林宫,以损害联邦调查局对俄罗斯情报人员为试图影响2016年总统大选所做的一切努力(如果有的话)以及特朗普竞选活动(如果有的话)在促进这些努力中发挥了作用。

特朗普给出了解雇科米的三个公开理由。 他告诉科米,他之所以被解雇,是因为他在联邦调查局对希拉里·克林顿(Hillary Clinton)担任国务卿的公职工作中使用私人服务器的调查中丢了球,公开宣布克林顿将不会受到起诉。 他对自己的Twitter追随者说,他解雇了Comey,因为Comey简直是“小菜一碟”。

他告诉NBC新闻社的莱斯特·霍尔特(Lester Holt),他解雇了科米(Comey),因为他不会在2016年竞选期间关闭联邦调查局对俄罗斯行为的调查,也不会放弃对他的前国家安全顾问,迈克尔·弗林中将的起诉。 《时代周刊》认为,这就是他给霍尔特的原因,促使联邦调查局高级官员相信总统本人可能构成国家安全风险。

联邦调查局可以调查总统吗? 一言以蔽之:是的。 这是背景故事。

联邦调查局通常进行两种类型的调查-犯罪和反情报。 刑事调查的目的是发现已经犯下特定罪行的人,特工在联邦检察官的监督下以及在联邦大陪审团的陪同下,合法地和宪法上收集针对他们的证据。

反情报调查旨在通过检查可能违反国家安全的人员来加强国家安全。 这种类型的调查通常涉及对可疑人员的监视。 违反国家安全是任何可能使外国敌人获得机密信息或影响政府决策的事件(无论是否犯罪)。

犯罪和反情报调查的起源通常是模糊的,有时是难以理解的。 开始对任何人进行任何调查有两种法律标准。 首先是“明显的怀疑”。 这是一个较低的标准,不需要硬性证据证明犯罪行为或违反国家安全的行为,但通常被理解为意味着可以说明使用政府资产调查某人行为的理由,并且这些理由是合理且一致的进行类似调查

立即订购

另一个要求是,检察官应接受明显的怀疑,因为仅联邦调查局无法开展任何调查。 当然,联邦调查局特工可以在未经检察官批准的情况下追捕绑架者。 但是,在白领案件中-当调查的目标并未对公众构成直接威胁,并且通常不了解目标的犯罪行为或与外国政府的互动的证据时,FBI代理人必须说明启动调查的原因。向检察官进行调查,检察官可以批准,授权或拒绝并拒绝调查。

如果联邦调查局对美国总统怀有明显的怀疑,无论是在犯罪还是反情报方面,我个人都认为《纽约时报》的故事可能是正确的。 如果是这样,只有副检察长罗德·罗森斯坦(Rod Rosenstein)可以授权对特朗普进行这项反情报调查。

无论这项调查是什么,无论出于何种目的,无论是出于何种目的,调查在那些怀疑特朗普动机的联邦调查局官员手中都是相对短暂的。 那是因为特朗普于9年2017月17日解雇了科米,而罗森斯坦任命罗伯特·穆勒(Robert Mueller)为特别顾问,对八月后的2017年XNUMX月XNUMX日对俄罗斯在竞选中的影响力以及特朗普竞选活动的任何合规性进行了独立调查。

当时,穆勒和他的团队承担了联邦调查局和罗森斯坦对特朗普进行的任何调查,以及对奥巴马政府开始的对俄罗斯人和特朗普竞选活动的当时只有1年的调查。

与此同时,美国联邦调查局(FBI)从外国情报监视法院获得了特朗普竞选人员的监视令。 这种对《外国情报监视法》的使用(理论上仅限于对美国外国代理人的反情报调查)构成了第四修正案的终结。

换句话说,《第四修正案》要求可能的犯罪原因才能获得监视令,但FISA仅需要与外国人进行交流的可能原因才能获得相同的逮捕证。
为什么有人要关心这个? 《第四修正案》的双重目的是保护个人,房屋,纸张和物品的个人隐私,并迫使执法部门仅将重点放在那些可能引起罪行的人身上。 当美联储可以绕开这些深远的要求时,他们就违反并拒绝了他们宣誓要坚持的修正案的双重目的。

FISA认股权证是一般认股权证。 普通认股权证基本上是授权持有人在他希望的地方搜索并抓住他发现的东西。 一项FISA授权对所有115亿Verizon客户进行监视。 普通令是英国官员在美国殖民地的极权主义做法,《第四修正案》明确颁布是为了防止这种行为。

当他认为FISA遭到腐败并诱惑一些联邦调查局官员和代理人违反宪法时,特朗普是正确的 - 但他们继续逃避它。 政府官员违反宪法对间谍的狂热欲望感染了法治。 如果他们能对总统做到这一点,那么他们就可以对任何人做到。

版权所有2019 Andrew P.Napolitano。 由Creators.com分发。

 
• 类别: 思想 •标签: 唐纳德·特朗普, 联邦调查局, Russiagate 
隐藏11条评论发表评论
忽略评论者...跟随Endorsed Only
修剪评论?
    []
  1. Rational 说:

    SO WHEN WILL THE FBI INVESTIGATE OBAMA WHO WAS NOT BORN IN USA?

    The FBI is 100 years behind and they have 1000’s of other very serious cases they must investigate before they can “investigate” the trivial allegations against Trump.

    例如。

    Death of Vince Foster and 10 other people under Bill Clinton.
    Hillary’s email scandal.
    快速和愤怒
    Bengazi.
    Obama’s birth certificate.
    911 allegedly and inside job.
    韦科。
    USS Liberty, etc. etc. etc.

  2. anonymous[340]• 免责声明 说:

    Several other commenters and I have noted that since about November 2017, Mr. Napolitano has been dissembling and otherwise propagandizing for the Establishment on RussiaGate. He has emerged as a sycophant of its priestly (lawyer) class, tongue-bathing his “feds,” especially the “no-nonsense” Mr. Mueller. A predominant theme is that, while individuals within “Judge’s” hallowed DOJ may color outside the lines from time to time, the Rule of Law in the hands of this higher order of the ruling class will be impartial, so we should lower our heads and reverently allow it to work.

    Two observations about this column:

    1. Note carefully this sentence: “A national security breach is any event — criminal or not — that may have enabled foreign enemies to acquire classified secrets or influence government decisions.” Left begging are the questions of (i) who is or isn’t a “foreign enemy” and (ii) what constitutes the “influence [of] government decisions.” But those familiar with Mr. Napolitano’s last 14 months of columns know that he believes this includes someone in Russia entering via the Internet “American marketplaces of ideas.” Not only does this “Freedom Watcher” endorse an iron curtain for the Internet, he has suggested that someone in Nebraska reading any such verboten stuff and discussing it in the social hall after church could be criminally charged, too. In Mr. Napolitano’s USA, no one is beyond the legitimate reach of the State’s police in criminalizing fraternization with “foreign enemies.”

    2. Mr. Napolitano again turns his kaleidoscope to now justify Mr. Mueller’s efforts as the handoff of a justifiable, week-old FBI investigation prompted by statements to Lester Holt into President Trump’s motives for firing that agency’s head. This conveniently washes away the stains of earlier FISA abuses that “Judge” — being such a brave civil libertarian — can then piously condemn. When his narrative requires, readers are told that the investigation specialties are Russian influence, obstruction of justice, lying to the investigators and other process crimes, whatever — but whatever turns up can and must be used, under the Rule of Law, to smite anyone plausibly tied to “foreign enemies.”

    Does anyone here still trust this columnist? If you doubt that he has become a Beltway cutout, you can easily go look for yourself: use the search tool here at Unz and read his last column using the word “Binney.” He has gone from RussiaGate skeptic to a tool of the Establishment that needs “foreign enemies” to keep Americans duped.

    • 同意: Bubba
  3. “If they can do this to the president, they can do it to anyone.”

    One should consider the FBI’s behavior since their inception, especially what occurred during the 1950 – through the seventies regarding political and social agendas and conclude —

    — no kidding the FBI did, does, and will do the above to anyone.

  4. follyofwar 说:
    @anonymous

    Excellent remarks. You know the law better, and said it much better than I could have.

    It seems as though Judge Nappy wants to treat the President as any other man. By virtue of the office he holds, he is not. He is not above the law, but he is not below the law either. What probable cause was there to look into the outrageous claim that Mr. Trump was a Russian agent? If anything seems unconstitutional to me it is those secretive FISA courts, as well as this Special Prosecutor BS. Both Rod Rosenstein and Robert Mueller are pond scum.

    Mr. Trump was elected to the highest office in the land to do a job, to the best of his ability, for the American people as a whole. No one else is elected by the country at large. He has been prohibited from doing so by an all-powerful unelected Deep State, which has been out to get him since the day he was elected. The rest of the world is laughing at us. Personally, I’m crying for what has become of my country.

    By reducing everything to obscure legalese, Judge Nappy ignores the big picture, and has sided with the enemy. I’m making a promise to myself to never waste my time reading him again.

  5. buckwheat 说:

    Napolitano is doing his best imitation of an irritating pimple on Trump’s ass. Give it a few months and he’ll be back standing at the front of the line to give out free BJ’s to anybody who will listen to his nonsense.

  6. MrTuvok 说:
    @anonymous

    It is sad to see how he has turned out to be a great shill for the corrupt forces at the FBI and the DOJ. You can see already in the title where he is going with his article. He is working in tandem with very destructive forces. I am very disappointed in him.

  7. Anon[376]• 免责声明 说:

    “The COINTELPRO has also, in recent years (especially since 9-11), recruited larger numbers of amateurs, in the form of snitches, stooges and lackeys of government agents. Organized stalking (including cyber-stalking); harassment; slander and libel campaigns against targets; identity theft and the like, by civilians and amateurs have become commonplace.

    These amateurs are usually ‘wanna-bes’ (law-enforcement, intelligence, military, etc. groupies and camp followers) who are exploited by the government operatives as “cheap labor”. Some (criminals) have made deals with agencies of the government to avoid arrest and prosecution, or to get out of jail.

    Among them are psychopaths; drug addicts/dealers; sexual perverts/predators; and severely mentally ill (criminally insane) persons who get a thrill from invading privacy; fabricating lies about targets; and generally doing harm in any way possible to others. Since they’ve got government back-up for their criminal activities (and are usually ‘deniable’) they continue their violations of human rights with impunity. “”

    From : Barbara Hartwell Vs. CIA

    http://barbarahartwellvscia.blogspot.com/2007/03/cointelpro-fbi-domestic-intelligence.html

    COINTELPRO: FBI Domestic Intelligence Activities
    COINTELPRO:一场一场毁灭的生活
    COINTELPRO Tactics to Neutralize Targets
    COINTELPRO & PSY WAR: A Tactical Analysis
    COINTELPRO Government Disinformation Campaign
    COINTELPRO Tactics: Excerpt from Open Letter to Rick Stanley
    Journalists Expose COINTELPRO Perps
    COINTELPRO Revisited: Part One
    COINTELPRO Revisited: Targeted for Neutralization (Part Two)
    COINTELPRO Revisited: Targeted by a Legion of Liars
    BUSTING COINTELPRO

    http://barbarahartwellvscia.blogspot.com

    • 回复: @JLK
  8. Anon[376]• 免责声明 说:

    The COMEY Effect by FBI Whistleblower Geral Sosbee

    “This report by former FBI agent Geral Sosbee (July, 2017) was one I bookmarked for future publication. Now, Comey is once again in the spotlight, his many lies and crimes exposed for all to see. The FACTS are out there. The EVIDENCE is out there. The question is, will anyone listen?

    If you have swallowed the propaganda promoted by the left-wing mainstream media, who embrace Police State Tyranny, and who support its most despicable proponents, working for the destruction of this nation, its sovereignty and the rule of law, such as career criminals Hillary Clinton, Barack Hussein Obama and their Neo-Bolshevik followers, please PAY ATTENTION to the truth of what is stated here.

    芭芭拉·哈特威尔(Barbara Hartwell)与中央情报局

    http://barbarahartwellvscia.blogspot.com/2018/12/the-comey-effect-by-fbi-whistleblower.html

    December 11, 2018

    http://barbarahartwellvscia.blogspot.com/2018/12/the-comey-effect-by-fbi-whistleblower.html

    The COMEY Effect

    This short, but meaningful report shows how the psychopaths of fbi/cia engage in gratuitous atrocities when their crimes are made public.

    James Brien Comey Jr. , an attorney and 15 years my junior, has in his lifetime shown how a traitor is born and nourished in the USA. He has not in truth ever served this nation, but is instrumental in destroying it.

    Appropriately, as he switched from a staunch Republican to now as traitor to the US, he calls himself an independent. He, like all of his thuggish predecessors in the fbi & cia directorates, prove that his psychopathic character rules in USA. I know him and his fellow assassins in fbi far more than I care to because that group of homicidal fools hijacked my life 30 years ago and continue to this moment their dirty vendetta in failed efforts to silence me.

    Comey makes no pretense to hide his arrogance, nor to obscure his trademark condescending personality. After all a murderous tyrant in power never needs to show respect toward those he imprisons, tortures and kills.

    He treats his subjects (the entire U.S. population) as inferior idiots.

    He knows that no one in Congress, nor SCOTUS can stop his juggernaut of crime and subversion now underway to convert (and *overthrow) the constitutional republic here into a full fledged fascist state ruled by the intelligence community.

    The USA is alas in the hands of unrelenting traitors in fbi/cia and no one, not even brave President Trump, can stop them. Comey and fbi leave this legacy:

    Comey and his fbi rot the soul of our nation, work secretly and unknown in the night to undermine the pillars of democracy, and they infect the body politic so that it can no longer resist.”

  9. JLK 说:
    @Anon

    “The COINTELPRO has also, in recent years (especially since 9-11), recruited larger numbers of amateurs, in the form of snitches, stooges and lackeys of government agents. Organized stalking (including cyber-stalking); harassment; slander and libel campaigns against targets; identity theft and the like, by civilians and amateurs have become commonplace.

    A lot of this activity could be private security. Government agencies do not have unlimited budgets. Private security people can push the envelope and create the illusion that they are more official than they really are.

  10. Can the FBI investigate the president? In a word: Yes.

    No, Duh. The FBI 能够 do anything it can get away with.

    他们 能够 investigate Martin Luther King, you, me, or anybody’s brother-in-law. They 能够 keep incriminating files on JFK or other politicians and use the intelligence to screw them “six ways to Sunday” as Chuck Schumer “gaffed” (A gaffe being “accidentally telling the truth.”) They 能够 frame people, lay perjury traps, or just ruin the life of an innocent person by an indictment alone, which they will never have to prove up. They 能够 also selectively leak damaging information (or disinformation) to the press or the opposition party to get what they want. They 能够 spy on the Legislative committees responsible for their oversight.

    According to Judge Nappolitano (henceforth, “JNap”), the FBI’s awesome power to destroy is limited due to it’s own vague and highly flexible “guidelines” about how it will voluntarily chose to behave in most circumstances. How stupid do you have to be to think this is a real limit.

    The fact is, the FBI is part of the executive branch. The only realistic, Constitutional check on the FBI’s abuse of power is thus supervision by the head of the executive branch — the elected President of the United States, who will ultimately be held accountable for its actions.

    But according to JNap, there is nothing wrong with the FBI investigating and retaliating against the very person responsible for its oversight, or doing so 正是因为 he attempted to rein in FBI abuses by getting rid of its incompetent, self-serving, politised rogue leader (Comey).

    It’s exactly like saying that military intelligence should have investigated and leaked information about Truman being a traitor because he fired General MacCarthur. But JNap sees no problem.

    JNap is really a terrible pundit. He is an anti-Trump hack. But even that would be okay if his opinions were based on any kind of insightful legal analysis.

  11. @anonymous

    Several other commenters and I have noted that since about November 2017, Mr. Napolitano has been dissembling and otherwise propagandizing for the Establishment on RussiaGate.

    One has to remember that to most of its practitioners punditry is just a career opportunity. They will therefore position themselves to meet whatever consumer demand yields the most exposure for purposes of getting TV gigs and book promotion in “respectable” (MSM) outlets.

    Currently, anti-Trump confirmation bias pays best.

当前评论者
说:

发表评论-对超过两周的文章发表评论,将在质量和语气上进行更严格的判断


 记得 我的信息为什么?
 电子邮件回复我的评论
$
提交的评论已被许可给 Unz评论 并可以由后者自行决定在其他地方重新发布
在翻译模式下禁用评论
通过RSS订阅此评论主题 通过RSS订阅所有Andrew Napolitano评论