On April 18, 2018 Member of the US House of Representatives, Ron DeSantis along with a number of other members of the “Freedom Caucus” forwarded a criminal referral to Attorney General Jeff Sessions; FBI Director Christopher Wray and US Attorney John Huber. In this criminal referral they enumerated serious accusations of violation of Federal law against a number of past and present Executive Branch officials;
- Former FBI Director James Comey for violation(s) of 18 USC 1505 and 1515(b), 18 USC 641, 18 USC 793, 18 USC 1621, 18 USC 1001 and 18 USC 1924(a).
- Former Secretary of State Hillary Rodham Clinton for violation(s) of 52 USC 30121 and 52 USC 30101.
- Former Attorney General Loretta Lynch for violation(s) of 18 USC 1505 and 18 USC 1515(b).
- Former Acting Director of the FBI Andrew McCabe for violation(s) of 18 USC 1001, 18 USC 1621 and 18 USC 1505.
- FBI agent Peter Strzok and FBI Counsel Lisa Page for violation(s) of 18 USC 1505 and 18 USC 1515(b)
- Department of Justice and FBI personnel including, but not limited to; former Acting Attorney General Sally Yates and former Acting Deputy Attorney General Dana Boente for violation(s) of 18 USC 242, 18 USC 1505 and 18 USC 1515(b).
A copy of the criminal referral can be found at https://gosar.house.gov/uploadedfiles/criminal-referral.pdf
The following is an explanation of these certain Federal charges:
18 USC 1505: Obstruction of proceedings before departments, agencies and committees.
1515b: Intentionally omitting information from a statement and thereby causing a portion of such statement to be misleading, or intentionally concealing a material fact, and thereby creating a false impression by such statement.
18 USC 641: Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; or
Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted—
Shall be fined under this title or imprisoned not more than ten years, or both; but if the value of such property in the aggregate, combining amounts from all the counts for which the defendant is convicted in a single case, does not exceed the sum of $1,000, he shall be fined under this title or imprisoned not more than one year, or both.
18 USC 793: …obtaining information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the United States,…
18 USC 1924(a) : (a) Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than five years, or both.
18 USC 1621: having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true
18 USC 1001: (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.
52 USC 30121: (A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State, or local election;
(B) a contribution or donation to a committee of a political party; or
(C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 30104(f)(3) of this title); or
52 USC 30101: It has to do with election fraud. Lots of definitions of voting and election.
18 USC 242: Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
This “criminal referral” that, if acted upon by the appropriate authorities, will have the effect of an 8.0 on the political Richter scale. The problem here is that there is no requirement for the DOJ to act upon them.
There have been a number of referrals that have been ignored. The congress has very little law enforcement power with the exception of issuing a “contempt of congress” citation or articles of impeachment which would have to come through the speaker, Paul Ryan.
On July 25th, 2018 a number of US House members led by Rep. Mark Meadows, R-N.C., and Rep. Jim Jordan, R-Ohio filed articles of impeachment against Acting Attorney General Rod Rosenstein. “For nine months we’ve warned them consequences were coming, and for nine months we’ve heard the same excuses backed up by the same unacceptable conduct,” Meadows said in a statement. “It’s time to find a new deputy attorney general who is serious about accountability and transparency.”
The articles of impeachment were quickly buried by speaker of the house Paul Ryan. The Deep State wins again folks. It is more American Kabuki theater in my opinion.
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