….At a certain point Lawfare fails.
Do you remember the prosecution “Witness #8” in the case against George Zimmerman? The person described as Trayvon Martin’s “girlfriend” who was claimed by FOUR state prosecutors to be the star “ear witness” against Zimmerman.
Do you remember how we waited month after month, laughing at how the State of Florida was relying upon their one key witness, and we all knew it was totally made up?
Do you remember the buildup, the drama, the media’s breathless anticipation, and the eventual beverage that flushed out of your nose in laughter when the State called Witness #8, and brought Rachel Jeantel to the stand?
Not only did she have no clue about any detail the prosecution was saying, she didn’t fit any of the profile that was claimed to be her importance in the case. And… not only could she not read the statement the State of Florida claimed she wrote (she didn’t), Jeantel didn’t even know Trayvon Martin. She was completely manufactured by the prosecution because her mom was a friend of Trayvon’s mom. Everyone wondered how the hell the prosecution could even put her on the stand. Remember that?
The reason they put her on the stand was because the prosecution and Trayvon’s family had no choice. For over a year, they had hyped up this imaginary “ear witness” in an effort to convince Zimmerman to take a plea deal. That was the purpose of the fabrication, and when George Zimmerman didn’t take the plea – when he forced the prosecution to put Witness #8 on the stand – the case collapsed, because the case was manufactured.
When people ask me about the DOJ and/or Jack Smith bringing an indictment against President Trump, in many ways I laugh while waiting for the DOJ to bring a proverbial Jeantel to the court. The DOJ has to indict Trump for the same reason Angela Corey had to put Jeantel on the stand. Their political narrative cases have to continue regardless of the evidence. Lawfare is a construct for media consumption intended to manipulate public opinion.
Technically Lawfare doesn’t need an actual viable legal argument behind it. Much like Zimmerman’s imaginary witness #8, Lawfare can be assembled out of loin cloth. However, at a certain point that legal fabrication runs into the reality of a judicial system it is not designed to defeat.
If the leaks to the media are accurate, WE WERE RIGHT!
Main Justice and DOJ special counsel Jack Smith have run head-first into the problem that President Trump declassified all the documents he retained in Mar-a-Lago.
Again, if the media reports are accurate, Jack Smith is now relying on 18 U.S. Code 793, a law created in 1948 intended to stop contractors to the Defense Dept from stealing, selling, or copying U.S. defense system secrets, or patents on defense products. [READ THE LAW]
Here is how the media are putting it:
The Independent has learned that prosecutors are ready to ask grand jurors to approve an indictment against Mr Trump for violating a portion of the US criminal code known as Section 793, which prohibits “gathering, transmitting or losing” any “information respecting the national defence”.
The use of Section 793, which does not make reference to classified information, is understood to be a strategic decision by prosecutors that has been made to short-circuit Mr Trump’s ability to claim that he used his authority as president to declassify documents he removed from the White House and kept at his Palm Beach, Florida property long after his term expired on 20 January 2021.
That section of US criminal law is written in a way that could encompass Mr Trump’s conduct even if he was authorised to possess the information as president because it states that anyone who “lawfully having possession of, access to, control over, or being entrusted with any document …relating to the national defence,” and “willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted or attempts to communicate, deliver, transmit or cause to be communicated, delivered or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it” can be punished by as many as 10 years in prison. (LINK)
Main Justice is now stretching Code 793 to claim any document the government designates as a “national security document” is a national defense document.
I am almost certain this is because the 11th circuit court of appeals ruled the DOJ can label whatever it wants, in any form it wants. As long as the DOJ claims it is a national security interest, it becomes a national security interest. This ruling came from the arguments over the Mar-a-Lago documents. REMEMBER:
[SOURCE]
If the DOJ says a box of Cheerios is a national security threat, the Judicial Branch accepts that all Cheerio boxes are proffered national-security concerns. It doesn’t matter what the Trump documents are, as long as the DOJ can claim they are vital national security interests.
In the previous ruling of the Mar-a-Lago documents, the 11th Circuit Court of Appeals did what the Foreign Intelligence Surveillance Court (FISC) does with the DOJ-NSD and any matters defined by the originating Main Justice officials as “national security.” The 11th Circuit deferred all definitions to the DOJ.
The DOJ is granted legal benefit of the doubt on all matters of national security, which puts the DOJ-NSD in ultimate control over the star chamber they operate.
[NOTE: In the post 9-11 surveillance state, this approach by the DOJ-NSD is a pillar holding the Fourth Branch of Government in place, as we have outlined. The other pillars are (2) the Dept of Homeland Security, (3) the Office of the Director of National Intelligence, and (4) the secret FISA Court system. All four pillars maintain an omnipotent fourth branch of government that operates entirely without oversight. As you can see in the 11th Circuit Court ruling, there is no check or balance in the post 9-11 national security state.]
However, their target isn’t an ordinary citizen or target. The target of these “definitions”, and make no mistake – ultimately this is what the case comes down to, definitions – is the former President of the United States who had unilateral authority to define anything he wanted.
The case against President Donald Trump might look bad on paper, because that is what the case against Donald Trump was designed to do. However, ultimately this case is on a trajectory to go up to a much higher court in discovery and pre-trial argument, because eventually these definitions are going to become an issue for the prosecution.
♦ THE TELL – Here’s the “tell” that every pundit, analyst and litigation expert will pretend they don’t notice. It’s the funniest part of the entire thing and yet no one, again except us, is noticing it. The DOJ has already predicated the baseline of their claim by saying they cannot tell anyone, even the court, what the nature of the documents are that underpin their assertion. Remember, they wouldn’t even let a court appointed “special master” review the documents.
Stop and think about that for a moment. NO ONE knows what the documents are, and the DOJ has stated they will never say what the documents are. The DOJ is filing a case about the mishandling of documents, in whatever legal construct they put forth, while simultaneously saying they are under no obligation to tell anyone what the documents are.
DOJ: Trump violated USC 793 in his discussion and/or handling of documents.
Trump Lawyers: What documents?
DOJ: We can’t say, and we won’t tell you.
😂🤣😂
The case against George Zimmerman looked bad when everyone thought Witness #8 was real. Hell, almost the entire country believed it.
This case against President Donald Trump is of a very similar Lawfare intention in construct.
[Support CTH HERE]
I had forgotten all about the
perjuredfabricated witness testimony in the Zimmerman trial. Are any of those prosecutors in jail for that? Any still practicing law?I forgot about her, too. She was a lot like Geraldo opening up the safe on the Titanic. Remember that?
I recall Al Capones safe being opened. It was empty
Correct … Witness #8 was “opened and empty” when asked to read HER written statement … and said … I can’t read cursive.
The STUNNED silence and expression of EVERYONE else in the courtroom was pure gold !!!
The trial ended … #8 did not care … and Zimmerman was free … to be lied about and harassed by the RAT media forever.
WeThePeople know Trump will be lied about and harassed forever by the UNIPARTY and their media … but please Dear God let the trial end with President Trump’s freedom.
Was that real? I thought it was an episode of “Seinfeld”.
You’re right. It was Al Capone’s safe.
The Titanic is a fitting metaphor.
Wasn’t she the one who couldn’t read cursive?
😅
Cursive purportedly written by her own hand. 🥴
Uh oh, busted. Couldn’t happen to nicer people.
The Lawfare case may be BS, but you know the “media” will go into excruciating detail about the criminal Trump in every broadcast, for the entire election season. The polls will show him dropping, etc. It’s a sad fact that way more than half of American voters know NOTHING about their country, liberties, who is good, who is bad etc and RELY on MSM to tell them what to do. So the showcase trial against Trump is for public spectacle only.
If they do a trial it will suck all the air from all other candidates and paint Trump as a victim! American will defend him as trust in this DOJ and FBI way down! Don’t believe in the upcoming fake polls after indictment!
They will never allow it to go to trial before the election. Candidate Trump will be footnoted as “under federal indictment awaiting trial”. That’s their whole play. Eventual conviction or acquittal won’t matter.
All an excuse for fake polls showing him losing. Thereby excusing the inevitable cheating.
Cheating?! He was losing badly! Who would vote for an indicted criminal?!
The trial will never happen. They will run out the clock, like they always do. This is just another act in the the forever play called Never Trump. They will set a trial date, and then postpone it, until they get right up to October. Then the trial will start. It will end the day after the election with all charges dropped.
This is entirely about the election. And preventing Trump from having a chance.
The play will end when they say it ends. Not a moment earlier.
Not so easy. Not a criminal lawyer but Trump should ask for speedy trial. Announce ready for trial at first hearing. What is the “government” going to say? We need time to put together a spider’s web that currently does not exist. If the case is thrown out or Trump wins (Trump appointed judge?), he become inevitable.
Yes, we know what the “media” will do. Which totally neuters them. Honestly, I think we are the only people who even care “what the media says”. No one else does because their viewership is in the toilet.
It will work… In DC.
It’s in West Palm Beach, Florida
The sooner it “works” and is subject to SCOTUS review — void for vagueness and no express plenipotentiary powers granted the deep state granted in the US Constitution– – the better. Death of the Deep State, in one strategic case. Bring it on!
I don’t trust John Roberts. Do you?
But, this Smith crapo indictment will cost time and money to dismiss, and in front of a biased judge it may take a long time to get it dismissed or adjudicated.
Doesn’t matter, he can still run for President under indictment
If they want to legally stop him from being on the ballot then they’ll have to get him **convicted** before the cut-off time……
He can still run and be elected from prison if it comes to that. The Constitutional requirements for being President state nothing about where his residence is or why he’s living there.
I just this morning heard a conservative radio talker say an informal survey of his audience showed 97% would vote for Trump even if he was incarcerated.
And once he is elected, he can pardon himself! Presto! If that looks likely, they’ll just kill him.
Sure, they’ll be a lot of fallout, accusations, and gnashing of teeth, but the deep state controls all the levers and, unless there is a full out, shooting revolution, they’ll still be in charge after the smoke from the assassination clears.
Don’t forget God. He has a say in this. Unless he strips his Armour from trump nothing can touch his physical body.
We have had mayters before but personally I don’t think that Gods play here but we will see and in the end God wins.
Don’t dismiss it. Let it face SCOTUS review – it is dead in the water and will take down the entire deep state at the same time.
Law fare works if you have corrupt judges and biased juries. Lawfare also works by the process being the punishment. Lawfare costs lots of money to defend against.
All of DC has Clinton Obama appointed political hack judges and the juries are ghetto dwellers and college students!
Conviction rates for patriotic US citizens are high.
Thusly, we have innocent 1/6 citizens rotting in jail for no reason the real perpetrators are free!💁🏻♀️
I think this would have to be in Southern FL as they leaked they have a grand jury in place there.
I agree, sadly! As Iggyb said in his post: “The same SCOTUS that gave us 2020 (when Trump was in the White House) is going to follow the Constitution + Rule of Law now to help the man they helped oust from the White House in the 1st place…?”
if Trump declassified Crossfire Hurricane documents that might make the deep state want them back.
That’s why they raided MAL – to get Crossfire Hurricane documents back.
They used the pretext of other “classified documents” to vacuum up every piece of paper they could.
Any reason all of these CH documents won’t be entered into evidence by the defense? Seems like if they took them in the raid, and the raided documents are the basis of lawfare, then each of those documents can be entered into evidence… and they can dwell on them via questioning on the stand.
“Mr. Trump, why did you declassify the document you are holding here, that outlines ….”
That would be much fun, but there will never be a trial.
All they want is the perp walk and mugshot. Thats all this is really about.
the wrong people are in charge.
Boy, is that the understatement of the year!
SlowJoe eats Cheerios couple times a week so if someone has possession of a box it could be they are trying to starve Joe thereby endangering national defense.
These people interpret the law to suit there needs. Riot and burn buildings, ok, we can tax people and rebuild. No crime. But if you were in Washington on J6 and happened to LOOK at the capitol, you were probably thinking about insurrection. Guilty!
Now this post gives me hope the doj rope a dope stunt will rope a dope the doj.
If the fake case is taken out of dc using a jury I think Trump will end up doing a rope some dopes in the 4th pillar.
Remember what happened when samson got hold of a pillar.
It all came down.
😀🙏🏻
YES I certainly do remember all that you mention in the first several paragraphs. That’s when I first found CTH and began to read every day and mostly every day since then.
I’d like to laugh with you, but this is such a travesty, I can’t. I never thought Clown World fit where people were using it because I’m too serious most of the time. But that now fits PERFECTLY. We are living in a CLOWN WORLD and I hope the whole thing collapses like the 9/11 buildings and leaves them all in the dust.
Jack might as well find that star witness and put her on the stand. She would fit right in.
They are all too stupid to exist. JMHO.
Well, aren’t drag queens very scary clowns? Aren’t antifa costumes clown outfits? Isn’t Jamie Raskin wearing a pirate scarf on his cancer ridden bare scalp a clown? Isn’t most of what we see on TikTok and Instagram simply performance clowns? Aren’t woke companies using the transvestite clowns for corporate gain? Or stupidly trying to!
It is a clown world and they are not funny. Why aren’t these kids at drag shows scared of these ladyface perverted man clowns?
They’re clowns, but they’re evil clowns. Think Chucky.
The entire system is annihilating its own credibility. They have to keep putting out psyops about white supremacy but it’s met with mockery. Nobody is taking them seriously anymore. And pretty soon nobody will fear them anymore.
Some would say that is a key part of their plan – to discredit all the departments and institutions. Homeland Security can’t secure the Homeland. FBI can’t run effective investigations. Social Security is anything but secure. CDC is the one developing infectious and communicable diseases. Strategic Oil Reserve is for price manipulation and control, not emergency use. Etc.
Destroy the basis of everything so the people insist on ripping it all apart, starting with a new Constitution, and begin in their own image.
I agree with all but the new Constitution. We just need to enforce the laws on the books. That would solve lots of our problems.
Also seems they are projecting onto Trump what Biden crime family did when he was VP and Senator!
Democrats and Rinos are guilty of abuse of power by public officials, bribery, thefts by fraud, money laundering, perjury and the obstruction of justice, violations of civil rights, the attack on and subversion of the rule of law and equal justice, the violation of the inalienable rights of the people and the defilement of the US Constitution in an ongoing criminal enterprise as defined in Racketeer Influenced and Corrupt Organizations Act (RICO).
Outstanding comment, thank you.
The question I have is what if they do put Trump in prison?
What then?
Given that he’s entitled to SS protection for the rest of his life, that might be difficult. I see house confinement, no access to the internet, no trips outside home except to see doctor or lawyer, and things like that.
Unless state Republican parties remove him from the state ballots… he could still be elected and serve his term from prison. Question is, what will the Supreme Court do to his sentence in such a case.
The girl Trayvon was talking to over the phone was Diamond Eugene…Rachel’s half-sister (if I remember correctly) according to investigative filmmaker Joel Gilbert’s film “The Trayvon Hoax – Unmasking the Witness Fraud that Divided America” that came out a few years ago. There used to be a free version at this website but at the moment I only see the trailer here: https://www.thetrayvonhoax.com/
Jeff Clarke was just on Warroom with Bannon and and said it is this issue of Trump discussing Iran and General Milley that Trump will be charged with under the Espionage Act. Go figure.
DOJ Closes Pence Classified Doc Investigation – Mary McCord Weighs in on Anticipated DOJ Action in Trump CaseJune 2, 2023 | Sundance
Meanwhile the latest developments of the reported conversation President Trump had about a classified document he saw from Joint Chiefs Mark Milley has sent team Smith on another snipe hunt. These quotes from the CNN dramatic article about it are a little funny.
[…] Meadows’ autobiography includes an account of what appears to be the same meeting, during which Trump “recalls a four-page report typed up by (Trump’s former chairman of the Joint Chiefs of Staff) Mark Milley himself. It contained the general’s own plan to attack Iran, deploying massive numbers of troops, something he urged President Trump to do more than once during his presidency.”
The document Trump references was not produced by Milley, CNN was told. (link)
I can almost guarantee you that sometime in the Trump administration, Milley drew up some kind of plan to bomb, attack or invade Iran, and President Trump dismissed him quickly for his nonsense. I can also assure you there is an executive office memo of that ridiculous effort by Milley that was personal to the office of the president as a ‘notation of issue’ with Milley.
President Trump talking about that issue with Milley, or the event that surrounds it, is a nothingburger. Of course, you would have to know the deep background of the Milley issues to know the greatest likelihood of any personnel memorandum held by the executive.
This is the Dreyfus Affair all over again.
The key argument that DOJ appears ready to use is that Trump willfully retained defense information after the government requested its return. They’ll need to prove every element, that the documents were defense information, that Trump willfully retained them, and that the government asked for their return.
Identifying the documents will be key to all of those elements. So, eventually some of the documents will need to be shown in open court.
Odd that the DOJ would think this would hold legal water as the Supreme Court already ruled on this issue in 1988. The issue is not whether the documents were related to national defense and it is not how the documents were handled. The issue is more basic and already decided by the Supreme Court.
Supreme Court Navy v Egan 1988. SC judges ruled that the president has full unassailable power to declassify, share, keep, use any intelligence or security info. No one else in government has this level of power. (not the DOJ, not Congress, not the DOD)
Doesn’t matter which classified document or which piece of national security intelligence. The president can declassify, take for personal use, share with foreigners whatever he wants. Per the constitution and per the Supreme Court’s confirmation of this constitutional authority –the president is the sole person in the U.S. with total, buck-stops-here power over such matters. The DOD, DOJ, Congress –no one else can override his choices in this mater.
Supreme Court Navy v Egan is the final decider, but for a fun read is the federal Clinton sock drawer case. The U.S. District judge ruled that Clinton’s act of putting the classified tapes in his sock drawer indicated he had deemed them declassified and for personal use.
https://www.washingtontimes.com/news/2022/aug/22/tapes-stored-bill-clintons-sock-drawer-could-affec/
Correct me if I’m wrong but doesn’t this mean that POTUS simply possessing documents cannot be infringed? In other words, POTUS possessing documents or trying to keep those documents, or securing the safety of same for whatever planned use, cannot be obstruction?
That’s my understanding of the SC case Navy v Egan and the U.S. District Court Clinton sock drawer case as well.
Excellent post. THAT is the bottom line here. It’s already settled legal precedent.
OldParatrooper: “They’ll need to prove every element, that the documents were defense information, that Trump willfully retained them, and that the government asked for their return.”
In a DC venue, a corrupt DC venue judge will accept DOJ’s argument that the documents are defense information covered under U.S. Code 793, and that disclosure of the documents themselves would seriously harm national security if the content of those documents were to be revealed at any point in the course of the judicial proceedings against President Trump, including a courtroom trial.
It is possible the DOJ will argue that Donald Trump’s engagement with NARA in negotiations over the return of the documents is in itself evidence that he knew that the content of the documents was highly sensitive information which could harm national security if it were to be revealed.
That kind of argument is absurd on the face of it, but it is the kind of the thing a lawfare-weaponized DOJ has used very successfully in the past in front of a friendly judge and jury.
At any rate, it is a forgone conclusion that Donald Trump will be indicted in a Washington DC venue and be subsequently convicted in a DC courtroom. The only question at this point is the DOJ’s timing for Trump’s arraignment on the charges and the court’s scheduling of the trial date.
What happens after that? If he ends up being incarcerated after the trial and conviction, then he runs his campaign from jail.
They’re worried about a pending SCOTUS case that will determine whether bringing a case in the incorrect venue precludes refilling it in the correct venue. Here, some of the acts occurred in Florida. This is why they may bring it in Florida instead. Our friends at Justsecurity.org (😂) tell us about their and Jack’s concerns today:
https://www.justsecurity.org/86845/pending-supreme-court-case-complicates-special-counsel-smiths-choices/
That article is an interesting piece of writing given that one of the authors is Andrew Weissman, a principal lawfare conspirator — if not the principal lawfare conspirator — running this show from behind the scenes.
So now we ask the question, what is the true purpose of this particular piece of writing in the grand Get Trump by Any Means lawfare scheme of things?
What’s difficult to understand here is their claim that PDT, as president, was “denying” the government… as the president IS “the government” — and more than that, the head of the branch of “the government” now charging him.
These appointed political appointees are trying to pretend that PDT, as president, was acting as some outside entity, a sole individual denying “the government”… when he WAS “the government.”
The authoritarian left would never have put up with anyone saying that an obama disagreement with some other part of the government, appointed after his term, could be summed up as obama, acting as an individual, “denying the government” as if the president was an outside entity rather than the head of the executive branch, even though no longer serving in that capacity.
Given how easily many of the J6 “insurrectionists”, Mike Flynn, Roger Stone, Steve Bannon and many more have been convicted of felonies and served time for literally nothing in a DC court, I expect any DC judge to refuse change of venue, give prosecutors lots of leeway and restrict the defense. The DOJ/FBI have already shredded their code of ethics, broken laws they were sworn to uphold and trashed the Constitution.
Why would any of us be even a bit surprised if a Trump jury were to convict in less time than it took OJ’s jury to acquit, regardless of how squirrely, flawed and/or outright insane the legal reasoning of the prosecution becomes?
It is being reported on multiple outlets that the bulk of the trial will be held in South Florida.
No, we will not be surprised. Not at all. It is a foregone conclusion that President Trump will be indicted on completely bogus charges and will then be subsequently convicted in a Washington DC venue. The only question at this point is the DOJ’s timing for Trump’s arraignment on the charges and the court’s scheduling of the trial date.
We don’t indict Presidents and we don’t put them in jail.
Jack Smith should write his “Durham Type” Report, testify about it (because few will read it) then get on with his career.
Indict Trump and I will do everything to get Law fare going against anyone who’s a Democrat.
Ultimately, Law Fare against Democrats is exactly how this nonsense ends.
“We don’t indict Presidents and we don’t put them in jail.” ~ Nessie
_____________
And we don’t raid their homes with armed SWAT Teams ?
And we don’t rifle through their children’s bedrooms.
A large percentage of the American public STILL BELIEVE Trump “colluded” with Russia … and that the Muller Report PROVED it. And the GOPe’s attack on PDJT just fans the flames of that ignorance. It will be the same with PDJT’s completely bogus perp walks televised and carried live … THAT image will be burned into the limited brains of most Americans … while his total exoneration will go barely noticed.
When there are >50% of Low information voters … America is lost.
And the reason for that is the neither the GOP (of course, THEY wouldn’t) nor Donald J. Trump has put together a strong, continuing RAPID RESPONSE TEAM that sees to it they somehow, someway get themselves on every venue imaginable to refute the lies told…yes, it can be done, with superb speakers, strong speakers and a group of people that know how to push others around legally.
When Clinton’s bimbo eruptions were occurring just two men, James Carville and Paul Begala went on EVERYthING and they faced harsh pushback, but they were successful and we haven’t been.
Is POTUS45 a “crafty & wise” warrior? Does he know the scope-depth & nature of his adversaries.. their strengths & weaknesses? Did he possibly make & secret away several “digital” copies of these mysterious “vital to national interest “ documents? AND is holding their release for an appropriate point in this kabuki theater play.. to release them in their entirety?
THEY are the “paper trail”… the “receipts” of treachery & treasonous actions of a large portion of “our government’s” elected&employed people… they pose no “threat” to “sensitive sources and methods..” nor to any “on going investigations or operations..” or to clandestine HUMINT agents or activities… but if RELEASED they destroy the 4th Branch… they lay naked the evidence of their own crimes against the people of this Republic … DO IT Mr President…
With great power comes great responsibility.
With great responsibility comes great temptation.
With great temptation comes great corruption.
With great corruption comes great tyranny.
With great tyranny comes great power.
Ad infinitum.
The answer to the open loop toward despotism is the “limited Federal government” our Founders attempted to create. Little did they realize that even in representative democracies, the power to expand the government is seductive and relentless. Until we can get out the machete and chop off the truly extra-Constitutional departments and agencies, we are going to see ongoing and growing misuse of power and “justice”.
As I often do with your posts, Red Fox, On this I Agree X 100000000
It is big centralized government that enables totalitarianism and weaponization against the populace.
The answer is to chop the federal government down to a tiny, tiny size. Maybe we could built a one of those ‘tiny homes’ to house it. Say 10′ x 20′ ought to do it.
The point isn’t to convict. The point is to debilitate or remove Trump or otherwise cause him to come up short in November 2024, at which point he becomes largely irrelevant.
The objective, in other words, is another “it worked didn’t it?”
It has been obvious to many that “prosecution” has started – and will be played out – in the court of ” media”.
Pres. Trump has a strong public base, and a knack for using the media to his advantage – bring on the popcorn, and I’ll go “Trump” as odds on favorite for the win.
My big worry, they’ll go nuclear to prevent his election.
This will never go to trial because upon SCOTUS review it will break the back of the Deep State entirely, with just this one case.
Who knew Trump’s best legacy will be a strict constructionist SCOTUS reviewing this case of deep state bureaucrat over reach. This will bring down the deep state. Something we all welcome. Bring it on, DOJ. Step on your own rake.
The only thing that would keep me from voting for PDJT47 in November of 2024 is my demise beforehand.
The only charges that should be brought are against the prosecution and those that conspired with them.
The Espionage Act was actually passed June 15, 1917 (40Stat217). Most cases tried under the act involve disclosure. The problem for DOJ is the Mens Rea requirement (depending on the subsection of 793 actually charged under).
So Weissmann and the others seriously believe this will cause President Trump’s support to deteriorate? Seriously?! I have just one thing to say to these idiots:
That’s retarded, sir!
A Color Revolution does not aim to win a popularity contest.
They are Agitating the masses.
They are doing it in MANY ways. This is one of them.
Violation of Section 793 requires an intent to do harm to the nation, as it says “with intent or reason to believe that the information is to be used to the injury of the United States, or to the advantage of any foreign nation . . . .” Assuming we ever learn what specific documents form the basis of the charges, how will they prove that former President Trump had such intent?
I read that the DOJ may use Section 793(e), which covers a situation where the accused “willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it.” This subsection does not contain the intent to injure requirement of other sections. But 793(e) would seem to conflict with the Presidential Records Act, which gives an ex-President the right to retain documents. Of course, Hillary appears to have violated Sec. 793(e) with here home computer server and emails, and she did not have the benefit of the Presidential Records Act because she was not the President.
Besides, J. Edgar Comey informed us that there was no intent in Hill’s case and that that was the defining issue.
Ma, has been wondering for a long time, when I came over to the Treehouse. I feel like I have always been here, but was hazy when I started lurking here daily.
I am the ‘cred’, touting type, regarding posting.
But B.I.N.G.O, it was all of Sundance’s posts on the unfolding of the GIANT lie, during the Trayvon Martin scam, when Rachel Jeantel, showed up. When nothing was adding up on the MSM, and by the grace of GOD, I stumbled here, to the truth.
And now I realize fully today, that it was an army of the likes of that loyalist, that the DNC, relies on RELIGIOUSLY, every 4 years. But now the RNC does too!!!!
And I have come back here everyday since, for the love of truth.
GOD has blessed you Sundance, and I am grateful, you know that HE has.
Yes. I remember it well.
There I was in a state of confusion, wondering if people were watching the same juror #8 clown show I was watching.
That was when I stumbled across The Treehouse and found likeminded people like myself.
Been here every since
Amen Sundance. As Chauntecleer once said “murder will out”.
Let the fearmongering and “concerns” begin…
I sure hope you are right sundance and you almost always are!
Ugghhh…hate reading about this already. Upside is that the American people are so disgusted now that it will only increase President Trump’s support.
They don’t care if he’s found guilty, they just don’t want him to win the election
Read US NAvy v. Egan 484 US 518 1988:
One perhaps may accept this as a general proposition of administrative law, but the proposition is not without limit, and it runs aground when it encounters concerns of national security, as in this case, where the grant of security clearance to a particular employee, a sensitive and inherently discretionary judgment call, is committed by law to the appropriate agency of the Executive Branch. The President, after all, is the “Commander in Chief of the Army and Navy of the United States.” U.S.Const., Art. II, § 2. His authority to classify and control access to information bearing on national security and to determine whether an individual is sufficiently trustworthy to occupy a position in the Executive Branch that will give that person access to such information flows primarily from this constitutional investment of power in the President, and exists quite apart from any explicit congressional grant. See Cafeteria Workers v. McElroy, 367 U. S. 886, 367 U. S. 890 (1961). This Court has recognized the Government’s “compelling interest” in withholding national security information from unauthorized persons in the course of executive business. Snepp v. United States, 444 U. S. 507, 444 U. S. 509, n. 3 (1980). See also United States v. Robel, 389 U. S. 258, 389 U. S. 267 (1967); United States v. Reynolds, 345 U. S. 1, 345 U. S. 10 (1953); Totten v. United States, 92 U. S. 105, 92 U. S. 106 (1876). The authority to protect such information falls on the President as head of the Executive Branch and as Commander in Chief.
I rest my case.
Indeed. It is not some outside entity working against the government–It was the commander-in-chief acting to “classify and control access.” Completely different. That’s exactly the issue, and the above describes it perfectly.
Meanwhile back at DeSantis headquarters:
This guy has blocked me. I called him a name a while back, don’t even remember what I said. He’s disgusting.
The majority these comments are about what They are going to do. Commisurating about who bold and blatant and evil “they are”
The government is We the People. We have a piece of paper signed by the founders of this country, many of the signers who paid in blood. Many many more who did pay in blood.
It is our country, dammit. We have to do more. There has to be an overwhelming voice.
Every wonder why Fox is touting the losses of Bud Light and AB? Fox is our enemy. They are testing the water to see how much fight is in us. Who cares about Trasvestites. These people have stolen a presidency, and are illegally charging him again.
We the people need to be reacting. If we start getting effective in preserving our government, they will accuse us or him of “inciting a riot”, of being “haters”, of being “unchristian”, of being “Nationalist bigots”.
We are at war. The mainstream news is minimizing this. We need to show we are at war and that we will not tolerate this.
We come in peace, and we will not back down, and you can be damn sure we will water the tree if we have to. Until the greatest force of people in this country is made effective and goes into action, we will continue to lose our country.
We live in an absolute police state. Everything is classified or redacted. I like the Cheerios box metaphor.
We have created a monster. I’ve been writing about it since 2009.
Hilarious. Thank you.
“…deliver it on demand to the officer or employee of the United States entitled to receive it” is another problematic part of the whole thing. Who decided that the DOJ was “entitled” to receive personal documents that the president declassified in the action of removing them from the WH, exactly as those before him did? So those presidents were at the top of the food-chain when they took documents following their terms, but for PDT there is a “higher authority” of some type who is “entitled to receive” whatever papers he took?
Never had such a person/entity telling the head of the executive branch what he can and cannot do with WH documents up to that time, but now suddenly both the DOJ and the Archives are “entitled” to tell him what to do? That’s not what decided cases have already said.
Bongino is saying the point is not to win in court, as they won’t (depending on crooked judges), but to…once again...affect (rig, steal) a presidential election…the left-wingers, DB points out, will believe whatever nonsense they are told about the “case.” But the courts know the same issue was decided in a court case years ago, and it was decided that the president has the sole power to declassify at will.
You said read the law. I did. The PRESIDENT determines, not the Government. Trump was the President. “prohibited place so designated by the President by proclamation in time of war or in case of national emergency in which anything for the use of the Army, Navy, or Air Force is being prepared or constructed or stored, information as to which prohibited place the President has determined would be prejudicial to the national defense”
Second point from the law – “having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer” WHO was the President superior officer?
Great article, Sundance! Thank you! But this post by Iggyb concerns me: “The same SCOTUS that gave us 2020 (when Trump was in the White House) is going to follow the Constitution + Rule of Law now to help the man they helped oust from the White House in the 1st place…?” Have to say I agree with his example. Sometimes I just feel it’s hopeless.
Thanks for explaining.