Just a short note. Julie Kelly has provided a portion of the sealed DOJ motion requesting a judge to block President Trump from having access to his own presidential records.
As noted by attorney Mike Davis, “The Biden Justice Department keeps pretending these are not presidential records. “[T]he Presidential records of a former President shall be available to such former President or the former President’s designated representative.” 44 U.S.C. § 2205(3).”
Additionally, as noted by numerous others, the constitutional framework of this ideological outlook is substantively flawed. The records are created by agencies within government for the exclusive use and benefit of the Chief Executive Officer of the government, the President of the United States.
There is no agency, institution, system of government or administrative executive bureaucracy above the authority of the President of the United States. These are President Trump’s records.
There is no constitutional basis from which a lower subset of the executive branch of government can attempt to restrict access. The President is the highest constitutional officer, everything and everyone else is less than; and yes, that includes when the records of his administration are assembled after he leaves office.
The DOJ wants to limit public knowledge of the material evidence, not because it would harm national security – but rather because the nature of the evidence itself would highlight to the nation how fraudulent the targeting is. This is the guaranteed DOJ motive, that’s why everything is under seal and even the media will not talk about how they are gaining their leak knowledge. This is LAWFARE narrative engineering at its apex deployment. (more)
Hopefully everyone can see now why I created so much context for the Fourth Branch of Government. The DOJ is essentially arguing that some unknown administrative state has a superior position to the executive branch of government.
The US DOJ are affirming a belief in the omnipotent Fourth Branch of Government that Barack Obama created.
Thank you, Sundance. This reader appreciates your dedication and hard work.
If Sundance weren’t here, can you imagine how unchecked the media might become? Don’t tell me he doesn’t impact the balance of the media. Look at their market share drop. It’s all you need to know.
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Absolutely.
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“… the omnipotent Fourth Branch of Government that Barack Obama created …”
“… and is STILL running “
NeverBack Downers are competing to help Jobama win another term.
When ray-wray gets booed, it sounds like a library. When mighty mouse gets booed, put your earplugs in…
@16:53
https://rumble.com/v2um4ge-kari-lake-speaks-at-club-47.html
That’s why I pass these articles and postings around everywhere. My intention is that CTH has more daily page views than any of the bigs. We need outlets to surpass the LSM.
They already HAVE, lol.
The Murdochs will do to fox, what they did to myspace.
I love Tapper’s emotionalism for “MAGAMEDIA”.
Like the FBI’s Russia smut he was shilling…
https://rumble.com/v2uaul2-flashback-2017-fake-jake-tapper-reports-the-discredited-pee-pee-dossier-was.html
I saw what I believe is an accurate prediction that within 5 years, cable news will be defunct, bsnkrupt, no mas.
MSM snd Big Tech ‘lost’ $2 Billion each last year, and are on track to ‘lose’ at least as much, again this year.
In terms of ‘market share’ or viewing hours, CTH, TGP and Bannons War room beat ALL of cable news, combined.
Several years ago, there was ralk of PDJT starting his own “Trump media” empire, ..of coarse we now,see he wisely started Truth, but hasn’t tried to go into cable or broadcast, lol.
Point is, their second most powerful weopon has been their control of MSM/Big Tech and the monopoly control it gave them, over “shaping Public Opinion”.
Roughly 1/2 of the benefit was due to Credibility, and 1/2 due to their monopoly, and they have list both.
Their MOST powerful weopon, was the illusion of a two party system, while being essentially one; again a monopoly.
Here again, the overall loss of credibility, and the realisation and recognition that the R party (just like Fox) wasn’t in competition, has rendered this weopon largely inert.
MAGA, as a movement, as a party within a party IS ascendant, and at thus point can not be stopped, it WILL supplant the R party, just as the rebel alliance of “alt-media” WILL supplant MSM.
This desperate scheme didn’t work 6+ years ago, when they tried to convince America that the POTUS was a Russian agent, it surely can’t “work” now.
And it won’t….
The blatant in your face abuse is a new angle by these fools though. They used to be sly using a scalpel to carve out their narratives to protect each other.
Now, they use a 2-handed sword they can’t wield correctly and just hack and slack while trying to tell everyone not to pay attention to the carnage, it’s normal and ok.
They are mad because unlike before no one is believing it is normal and ok. The internet and those pesky patriots.
The blatancy you describe is a direct and clear indication of the Deep State-controlled Old Media’s increasing fear and desperation to re-seize the narrative control away from the people.
They see their imminent demise and are lashing out without using their customary “restraint” and have abandoned any attempt to appeal to the general public.
This has been going on since 2016 when it became apparent that Donald Trump was the favorite in the presidential race.
Never interfere with an enemy when they are destroying themselves!
TDS Deniers… may fear the investigations of their actions.
Parallel elections… may require parallel information.
“As vehicles of information and a curb on our functionaries, they have rendered themselves useless by forfeiting all title to belief…”
–Thomas Jefferson to Walter Jones, 1814
Parallel Election Update: June 6th 2023
“Please find our newest lawsuit here…”
https://www.parallelelection.com/update-june-6th-2023
F the DS, particularly FBI, CIA and DOJ!
File this under DeSantis. Deep State. And DS.
the evil shall be cast out and persecuted
Lack of repercussions for these shenanigans is why they continue.
True.
I listened to Sen John Kennedy and Lindsey Graham defend the FBI and DOJ re their lack of candor re: the Biden bribery scheme.
They both just meakly said they need something to tell their constituents.
Very sad.
Grrrr!
BINGO!!!
This is the only prayer they have of having this last for over a year in the media. Otherwise, it will be crushed for idiocy in short order.
Excuse my language (and I’m cleaning it up) “Screw ’em all but eight! Six for pallbearers and 2 for road guards”!
Barnabus,
I heard it this way, “F__-em all, All but the nine. The six pallbearers, the two road guards, and the one who calls cadence!
Semper Fi,
You are correct, my version was learned from a friend years ago. It appears to be a saying from Viet Nam days. Thank you for the heads up, much appreciated! Hell of a lot more meaning to that phrase now! Thank you! BD
“Kill em all, and let God sort it out!”?
I think it was the “STARS” network on cable that ran a show called “Spartacus” Very good show. There was an episode when the slaves of Spartacus camp freed themselves from the Romans and slaughtered the guards and the soldiers in the camp. While this happened the “Roman elites” where inside enjoying a feast if you will. When the slaves entered the building they asked there leader Spartacus”What do we do with these romans”? His answer was simple “kill em all”
I get the feeling that we are getting very close to that point when we finally free ourselves from the governments slavery.
The final episode of Spartacus: Blood And Sand (Season 1) titled “Kill Them All”.
The deep state is trying to blot out the sun so we cannot see their scam. All I can is that the future is looking so bright I have to wear shades.
Meh, just trying to prolong its life.
Who the F do these people think they are? Pathetic losers is what they are. I cannot wait for them to rot in hell. all of them the sooner the better.
I’d like them to rot in prison first.
The DOJ is a joke. Every last person employed there, folly.
We’ve come a long way!
I remember when people here scoffed at me for saying that “The corruption in the FBI and DoJ could not exist if the so-called ‘Honest Rank and File Members’ weren’t passively complicit by turning their heads and pretending not to see it.
And they’re doing it simply to protect their own careers, benefits, and pensions.”
THESE DAYS very few jump to defend the Bureaucratic Criminals!
Yes…the ol’ Hannity canard about “rank and file” just didn’t have much legs.
The funny thing? They are trying to protect that which the DS is so busy squandering. The DS is spending us into oblivion so they can “get theirs”, which will gut the pensions, pay and benefits of all their DS peons.
It’s hilarious in a sad way.
I cannot wait to burn these people to the ground. 19 months.
I am an avid Sundance/TreeHouse reader. Do not comment much being an outsider but thank you for you research and clarity in your articles especially in the above as I now have a much greater understanding of the corruption in your DOJ etc.
I am also a strong Trump supporter and wish we had his like here down under.
AusLIz,
Please, you are NOT an outsider, just cause you live downunder.
We have commenters from Aus, Canada, Europe,…for awhile we had one commenting here, nightly from (believe it or not!) Mainland China. Its great to get a perspective from ourside the U.S. so please,…don’t be shy!
And to add to Dutch’s comment- all of us are battling the same scourge infiltrating our governments.
Please spread the word of CTH and promote in Australia!
This is a world wide movement at its core!
The twilight zone has nothing on the DOJ
I don’t think that would at all surprise Rod Serling in the least.
I’ll say again, Hillary Clinton had her own special email server hidden in her bathroom closet, and she was given a free pass because there was no “intent” on keeping national security related material for herself.
“Oh c’mon, it’s just Hillary being Hillary. She didn’t mean to collect emails and keep them for herself when she was SoS ! This is just a big misunderstanding, move along, nothing to see here.”, we were told.
Some Parts of Hell will be hotter than others… No Doubt about it.
But residents will be so shocked.
Matthew 10:28 NKJV
And do not fear those who kill the body but cannot kill the soul. But rather fear Him who is able to destroy both soul and body in hell.
This administration’s doj is beyond criminal and corrupt. Under garland the doj is no longer salvageable. It needs to be destroyed, like any metastatic cancer.
I agree, but that’s how Gargoyle got there.
maybe Mitch McConnell did a disservice by not having hearings on his appointment to the SC. It would have been an opportunity to Destroy him with truth.
Sundance, excellent presentation, concise, succinct, and understandable! You make “Lawfare 101 & 201” easy to understand!
Pure Fact. Absolutely! I love it.
What SD describes here is rolling coup by the DS O years-
this is treasoinous and unconstitutional, this lawfare of the Coup
against duly elected and soon to be re-elected President Trump
and his entire electorate and movement. The deep state has created the Big Lie of
the so- called J^ insurection which was of course a fedsurrection by the falsely
installed Coupsters. The DS dares to try to frame Trump and MAGA with the
deepstate’s own crimes: criminal insurrection. THis is not news to the readers here;
it has been increasingly obvious, Unti9l at this moment SunDance
can describe the fourth branch coup in such detail that he can predict their every move.
President Trump is with us, for us, is taking heat for us, and has revealed so
much by his example, of the nature of the dangers to our Constitutional Republic.
May God continue to Bless, Guide, Protect, and grant wisdom to President Trump, so that
Peace, prosperity, and sanity may prevail over these treasonous cowardly tyrants SD describes so well.l
Amen, and may He guide all patriots to do what is right.
Thank you, Sundance.
I watched Oliver Stone’s JFK. It was an interesting docudrama. I have not researched how much of it is true, but the bits and pieces of the facts I know and his premise could only make me think the biggest way they got away with what they did was relying on the utter shock Americans were in at the time.
Not so now. They in the 60’s were working from an abject naïveté of the public, somewhat with Covid. But now a much smaller group is buying their BS. Since Branden is falling apart, the ones that were smart, but partisan ones are starting smell a dead rat.
Rush Limbaugh said; “ Trump is the only one who can separate him from his supporters, because Trump made his base. The media did not make Trump.”
Almost no one is buying their propaganda now.
Thanks be to God!!
In the US System, there are four classifications (and many additional related “caveats.” Note that “UNCLASSIFIED” is a classification marking and strictly speaking, a document marked “UNCLASSIFIED” is a “classified” document because it has undergone a classification review by the originator if the originating agency has classification authority.
True.
a. The classification markings permitted for use on classified information are TOP SECRET, SECRET, and CONFIDENTIAL. No other term or phrase shall be used to identify classified information. If there is significant doubt about the appropriate level of classification, it shall be classified at the lower level.
b. The UNCLASSIFIED marking may be used on intelligence information that does not meet the criteria for classification. The addition of controls to unclassified information shall be in accordance with national-level guidance provided pursuant to EO 13556, which will be reflected in the CAPCO Register and Manual, as appropriate.
Retired Magistrate here: I know President Trump filed a RICO action against Hillary Clinton, the DNC and numerous others which didn’t go anywhere. Maybe President Trump’s attorney should file another, very specific, RICO action against Jack Smith and the DOJ. It certainly appears that an organized crime organization (the weaponized DOJ) is going after an individual for purely political purposes. Florida would be the correct venue because that is where the FBI seized President Trump’s documents.
In addition, Jack Smith and his gang, are threatening attorneys who are considering representing President Trump with legal action in the form of complaints filed with state bar associations and taking away law licenses. This is type of activity; blackmail, threats, etc. is exactly what the mob did back in the 20’s through the 70’s. The government learned well from prosecuting the mob; now the government is the mob.
At least the mob had a code of ethics.
You don’t think the deep state has omertà?
…the DS follows the Alinsky edition…
Amen! Justice Will come to these Traitors, one way or another, the difference is Only in the number of their Complicit Enablers.
How about just going to the sheriff in Palm Beach and filing charges of robbery against the FBI.
Plain and simple robbery of records the President is entitled to?
Why can’t Trump’s attorneys state that he is entitled to these records according to law and they have NO STANDING to say otherwise?
Thr Sheriff of Palm beach County?
Your kidding, right?
These people aren’t stupid,…they make sure to install corrupt Sheriffs everywhere they operate.
In Broward, when a rent a car was found to have a bag of ballots in the trunk, it was the Sheriff that “locked down” the airport, until his men could recover the ballots.
In Maracopa County, they replaced Arpio with s corruptocop, who threatened to arrest TGP reporters for wanting to get into the FOR THE PRESD briefing by M County elevtion officials.
LEO’s, Sheriff or PD, will not “save” us.
No I am not kidding.
Always go on offense and never accept the premise.
It is a move that needs to be done. If President Trump personally went down to file those charges for the return of his personal papers then the move would get press. Even if the sheriff did nothing it attacks the core validity of the charges.
He could also open a suit for return of those personal papers.
Thank you, Marcia!!!!!!
I lost count of how many times I had to explain that Trump had a civil RICO case and it is my belief that the MAL raid was the result of that suit to seize and keep the evidence required suppressed!!!!
Time is WAYYYYYYY Overdue for the Trials of Public Servants who so Violate the US Super-Ratified Constitution, for the Sins of Open and Blatant Treason, and the Outrageous PRETENSE by Enabling officials that it is “NOT” happening, really….
Let’s hope the judge upholds the law here. You never know.
To me they simply keep pretending that President Trump was never President and therefore, not afforded the rights and privileges of a POTUS.
Indeed.
This is exactly right! President Trump was never given his due respect. And the lack of respect worsens every day.
44 U.S.C. § 2205(3) was passed by the legislative branch. The executive branch (DOJ) is now asking the judicial branch to ignore the plain language of the statute. The separation of powers issue is a problem in itself.
Defense counsel can have copies, as can its “agents” (expert witnesses, investigators, support staff), but the defendant himself, who has a unique right to these documents under 44 U.S.C. § 2205(3), cannot possess a photocopy???
Trump has the right to prepare his defense as any criminal defendant does, including reviewing possible evidence, and working through his own ideas on how to defend himself.
Whatever Reinhart’s ruling is, the losing party will appeal to Cannon, and then the losing party in front of her will petition for an appeal to the Eleventh Circuit. And then, maybe SCOTUS??
We’re looking at complex issues of presidential power, separation of powers, and the issue of when the courts must give deference to the executive branch’s designation of materials as relating to “national security,” particularly when that designation conflicts with a criminal defendant’s fundamental Sixth Amendment rights. In the pre-trial matter of the special master, Trump was not yet a criminal defendant, so the Eleventh Circuit deferred to the executive branch. Now we’re in constitutional rights territory.
I argued at length in a comment under another post,…
The Judicial Branch defers to the Executive, on matters of National Security, as it should.
The Constitution, in specifying the POTUS as ‘Commander in Chief’ is clearly specifying that The Executive had authority over National Security, and the Courts have none.
Imagine the POTUS ordering a missile strike on Syria, for example and someone filing a motion in Court to stop him.
However, the 11th Circuit, in defering to AGENCIES OF the Executive, are defering to the derivative authority those agencies ONLY have, AS they are agencies OF the Executive.
This case will obviously HAVE to go to SCOTUS, and we will see how many Justices are compromised BY the Cabal, “the 4th Branch”.
The judicial branch does defer to the executive branch in matters of national security, but when those matters come up in the context of a criminal trial, then there is a serious conflict between the executive powers over national security and a defendant’s fundamental constitutional rights.
Yes, this will have to go to SCOTUS because the deference may be proper in non-criminal cases, but here there is an actual criminal trial with a defendant’s life, liberty or property at stake.
We could be in a situation in which the DOJ is trying to convict a person based on evidence that the jury might not be allowed to see. That’s the issue SCOTUS will have to address: deference versus the defendant’s Fifth (due process) and Sixth (confronting witnesses, i.e., cross-examination) Amendment rights.
When can trump get help from Justice Thomas? If it is appealed to 11th circuit what can Thomas do? Can you Please explain Thomas role? Could he have done anything when the special master issue went to 11th circuit and got shot down ? Thank you
Just read this article today. Selective Prosecution is another claim that applies here.
FTA: The abuse of this law is mindboggling and the real problem here is that prosecutors have discretion so they can openly deny Equal Protection of the Law for they decide if they want to prosecute Trump but not Biden or Pence or Hillary who did have classified documents on her server and did transmit them. I believe that Jack Smith as the prosecutor has violated not just Trump’s civil rights, but he has violated everyone’s civil rights for his selective prosecution with the intent of preventing Trump from running for president.
The Supreme Court held in Armstrong v US, 517 U.S. 456 (1996) that to show selective prosecution, an individual must show that a prosecutorial policy had both a discriminatory purpose and a discriminatory effect. In other words, they must show that prosecutors did not charge similarly situated people and that can clearly be established with both Biden and Hillary Clinton.
There should be a class action lawsuit brought against Jack Smith and the Attorney General for deliberating targeting Trump to interfere in the 2024 election which violates everyone’s civil rights denying us that the 2024 election will be free and fair. It is an acknowledged violation of our Civil Rights for what the entire world now knows they are doing – interfering in the 2024 election.
https://www.armstrongeconomics.com/international-news/rule-of-law/espionage-act-abuse-of-power/
The democrats are brazen because they own the elections. They installed or co-opted every governor in every swing state.
Bob,….PUHLEASE!
NOT “DEMOCRATS”; did you not notice that it was REPUBLICAN election officials in Maracopa County, that stole Kari Lakes win, and those SAME Republican election officials ran the 2020 election, when they stopped the Count?
Same in GA. Corruption has no team jerseys any longer.
Same in Tennessee. The RINOs running Tennessee are on team UniParty.
Are you saying the Democraps didn’t help? It’s the Uniparty, really, not the Dems or the Repukes. At least probably 10% of the Repukes did not participate.
Maybe we should just change OUR nomenclature to reflect that. I despise casting aspersions on the 10% who are honorable and not corrupt.
Bull. They are Democrats running as Republicans, because that is what they do.
I’ll say it again … the tactic of denying discovery of the actual “crime” from the Defense is just like the Kamloops ground penetrating radar “discovering” bodies of Indigenous children. They “claim” there is “evidence” of hundreds of children’s bodies in “unmarked graves” … in “mass graves” … like Hitler had. They charge the Catholic Church with MURDER of these ground radar anomalies.
But … not a single grave has been excavated. Not a single body or bones exhumed, or examined. They charge a crime on innuendo … and “story-telling” of the Indigenous people … and some “anomalies” discovered by ground penetrating radar which “discovers” rocks underground.
What is needed when charging a crime … is EVIDENCE. Evidence that can be seen and examined. Anything short of that is FRAUD … and miscarriage of Justice … purely punitive prosecution.
.
If this motion is granted, must be appealed on multiple grounds: violates First Amendment, violates right to open and transparent court proceedings in violation of due process, violates Defendant’s right to prepare for trial and contemplate the materials over time in privacy, violates right to counsel by creating conflictual obligation of Defendant’s attorneys…
And WTH? “Defense counsel’s staff” has a higher right to possession, like… secretary or clerk in the law office? What kind of unadulterated shit is this.
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A judge can issue a gag order in a high profile case, but it usually applies to all counsel, parties and witnesses the same.
This is unique because it singles out two parties and puts more onerous restrictions on them, in violation of their Sixth Amendment rights.
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Traditionally it’s to preserve Defendant’s right to fair trial and not taint jury pool.
Be that as it may, this DOJ wishlist also goes far beyond gag order.
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Except that by their perpetual leaking the DOJ has already tainted the jury pool. For going on 7 years now.
They cannot be allowed to get away with this, but who is going to stop them.
Well said, Sundance!
Sounds Star Chamber to me.
Deep State is scaring the crap out of Americans.
No ex post facto laws – no bills of attainder
SCOTUS will shoot this whole thing down – DOJ under Biden is 100% anti-constitutional.
You cannot count on SCOTUS. They have four already who would do anything to stop Trump. They only need one. The pressure and threats will be intense and at least one more will likely fold.
I would like to see massive crowds surround the DOJ building and not let anyone leave for as long as they can. This would let them know that we know.
Well…that’s never gonna happen. They have scared away any thought of protest against the government by throwing those people in jail after Jan 6.
Our forefathers must be roiling in their graves at what has been done to our country.
So here we are. If the judges up the appeal ladder shut down all of this corruption in sternly worded rulings, WHO WILL ENFORCE THE RULINGS?
The entire Justice Department is a captured operation and the corrupt FBI is heavily armed.
There are already numerous court rulings demanding corrective action by the Justice Department which have been ignored.
The Justice Department will defy the judges and finish off what is left of the USA.
How many infantry divisions does the U.S. Supreme Court have under its command?
This is a prelude to an all-out civil war.
The accused is blocked from mounting an adequate defense?
Part of the discovery materials is the information from Crossfire Hurricane because the discovery materials will contain all the documents seized and not just the ones they are used in charging him.
This article is right on the money. There is no executive authority above the president. These are Trump’s records. For all we know the documents they do not want us to see may be secret Kremlin cookie recipes.
Wow. I think you are raising a very important point. Hope you are correct about that. DOJ will pull out all stops to keep secret the crossfire hurricane documents
I think that is why it is important for Congress to investigate what, if anything, the fbi and doj did with this info.
In fact, I think we will e entually need a special counsels to investigate both the handling of the Biden case and the Jack Smith case against Trump….just like they did the Durham investigation on Russiagate.
And 100’s of other things need investigation. Problem is, O’Biden knows they have the advantage. It only takes a few people and very little time to perform 100’s if not 1,000’s of misdeeds. It takes months, if not years, and a massive effort to pursue each of these misdeeds. It requires time, resources, and will power. It is a lost cause. Congress needs to focus on two to four misdeeds and go full out with large quantities of subpoenas. Sadly, the probability is high that Congress will once again fold.
As noted by attorney Mike Davis, “The Biden Justice Department keeps pretending these are not presidential records. “ […] 44 U.S.C. § 2205(3).”
“[T]he constitutional framework of this ideological outlook is substantively flawed.”
Looking forward to read President Trump’s legal counsels’ COURT FILINGS and arguments on that matter.
[1] Donald J. Trump v. USA, No. 22-13005 (11th Cir. 2022) :: Justia
What if?
1) DOJ gets courts to block Trump from getting records.
2) DOJ leaks records.
3) DOJ charges Trump with leaking records..
Obama didn’t create the administrative state. Bush I and II did the majority of that. Obama took the existing DS, the Patriot Act, Dept of Homeland Security and a lawless FBI and made it a more potent weapon he was willing to overtly use.
Every other president, Clinton for example, used it in a much subtler way that was never ever written about in the newspapers.
Obama’s handlers decided to go for the gold ring in his second term. And it’s been lawfare and vast corruption on a scale not before attempted ever since.
Well, before Trump I was totally on to these things: Uniparty existence where both Dems and Reps purposefully do not solve national problems because they fundraise off of them; McConnell and his ilk actually prefer being in the Congressional minority because fundraising is enhanced at the same time their failure to actually do anything to make our lives better is not on display; and none of this would be even possible without E Media’s active participation as their propagandists.
What I did not realize before Trump is the extent to which our “representative Republic” is an absolute sham. The President is not actually “the executive”, Congress is not actually “legislating” and federal courts are not actually “determining cases and controversies” according to our Constitution. Perhaps the largest case in point on the last is the ruling that Texas does not have standing in a Republic to litigate Pennsylvania’s violation of its state constitution to rig the electoral college in the election of the only office at the national level that binds the states into a Republic. That is when I knew and when my fear for the future of our children became encompassing.
The situation is worse than any of my imaginings.
Well said.
Holy crap. FUBAR!!
The SEDITIOUS special counsel continues to break multiple FEDERAL LAWS in order to GET TRUMP.
Trump Indictment a Violation of Federal Law – American Thinker.pdf
How is a case like this not already in front of SCOTUS? Are they seriously going to let lower courts have the final word on the biggest Constitutional crisis since the Civil War? Cowards, the lot of them.
It’s well past time for Trump and his attorneys to go “full court President” and assert what the SCOTUS already established in “Navy v. Eagan.” Namely, that the President is The Executive Branch and that his power and prerogatives are “plenary.”
Neither an Executive employee nor the Judicial Branch nor Congress can interfere with how the Executive chooses to carry out his Oath of Office. His powers in particular regarding sensitive materials are absolute, and no one else has the power to decide for him what he alone is authorized to decide.
It’s high time to force this issue. Which has long ago been decided by our nation’s highest Court. No “executive order” nor any other action made by others can constrain … “him.” The DOJ might so accuse and charge anyone else. But they cannot so charge nor limit “him.” Thus saith Article 2.
It’s well past time for Trump and his attorneys to go “full court President” and assert what the SCOTUS already established in “Navy v. Eagan.” Namely, that the President is The Executive Branch and that his power and prerogatives are “plenary.”
President Trumps legal councils Halligan, Corcoran, Kise, and Trusty referenced 70 cases, among them Dep’t of Navy v Egan, 484 U.S. 518 (1988) in their emergency application [1] to vacate the 11th Circuits stay of order in question(p 33).
SCOTUS response on 10/13/22: “The application to vacate the stay entered by the United States Courts of Appeals for the Eleventh Circuit on September 21 2022 presented to Justice Thomas and by him referred to the Court is denied.”
[1] Trump-v.-USA-SCOTUS-Trump-Application-To-Vacate-11th-Circuit-Stay-Order-10-4-2022.pdf (legalinsurrection.com)
What about the judge requiring security clearances for Trumps attorneys, (as if there really are classified national security documents there). So we have a situation where the question is who approves security clearances? Is it the same DOJ/FBI/CIA/ NSA who have been illegally and seditiously fabricating evidence against Trump the last 8 years, who have been illegally leaking rumors to the press in order to continue interfering with elections, who have been censoring the social media against Trump, etc etc etc………?
I guess the attorneys will have to sign papers that will ensure they will be jailed if they reveal the truth about anything they see. What they see would probably reveal the criminal conspiracies run by the intel communtity. Its amazing how all these unelected criminals in our intel community are allowed to be above the law on a serial and chronic basis and Americans can do nothing about it.
To get security clearances the attorneys will be required to reveal all sorts of personal and confidential information about themselves to the DOJ who could possibly use it to hurt them ?
I think folks are confusing some of the charges: The President has full powers to classify etc and the agencies are below him, but they are charging him with “crimes” subsequent to his Presidency during a period when the President is Biden, and Biden is in charge of classification, etc. He is being charged with holding on to “classified” docs or markings when Biden is the one with the authority, and his sub agencies.
this is what I believe is their trick. Right now it is Bidens authority to classify and his agencies authorities to decide what is a national security document, and his agencies who decide who gets security clearances and under what conditions and threats.
“I think folks are confusing some of the charges: The President has full powers to classify etc and the agencies are below him”
It not only helps to comply and cooperate after federal Grand Juries issued subpoenas but also is wise to carefully read the judge approved affidavit. If the legal counsels don’t do all that, why don’t they at least read the order of the court [1]:
“[President Trump’s] task was to show why he needed the documents, not why the government did not. He has failed to meet this burden under this factor.” (p 16) […]
The Department of Justice has the documents because they where sized by a search warrant not because of the status under the Presidential Records Act (p 18/19). […]
All these arguments are a sideshow. The real question that guides our analysis is this – adequate remedy for what? […] No weight can be assigned to this cause because [President Trump] did not assert that any rights had been violated, i.e. , there has been a callous disregard for his constitutional rights or a substantial interest in property is jeopardized.” (p 19) […]
The law is clear. We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. […]” (p 20)
SCOTUS response on 10/13/22: “The application to vacate the stay entered by the United States Courts of Appeals for the Eleventh Circuit on September 21 2022 presented to Justice Thomas and by him referred to the Court is denied.”
[1] Donald J. Trump v. USA, No. 22-13005 (11th Cir. 2022) :: Justia
Very interesting but the crux of this matter now is that Trump is being charged under the espionage act that he would nefariously disseminate national defense secrets to the detriment of the US….iow….was that his state of mind to do that? I say no. He is not a spy. And he is not Daniel Ellsburg who btw got off. And Trump really believed that the documents given to him in all those boxes with NARA’s blessing when he left the WH were his personal ones. Maybe he got set up. Let’s face it, the OBidenettes were after the Crossfire Hurricane documents that Trump declassified 3x. I don’t see how Biden can pull that back. Didn’t he do it by waiving Trump’s executive privilege?
they want first all the incriminating documents back in their hands and shielded from any public view and their contents from being revealed to the public. Bidens agency declares them to be of vital interest to national security, upheld by scotus, and all copies confiscated and all knowledgeable folks forbidden to discuss.
President Trump has challenges (e.g. does Kris Kise, a registered foreign agent for Venezuela government, get security clearance?, does he find a local lawyer ?) ahead and quick decisions to make:
Which defense strategy (apart from winning in ’24) will he choose? An attempt to get focused on jury selection and the one essential juror to get acquitted (which many call a kamikaze approach) or to slow-walk the process to avoid a trial before 9/24. Rumors have it that he goes by the latter.
US Constitution Article 2.
“The executive power SHALL BE VESTED in a president of the United States of America.”
NOT THE DEEP STATE?
the official current President is Biden, it is he who makes all current executive authority decisions, and his agencies on his behalf: e.g. current “national security documents”, security clearances, waiving of executive privileges. etc.
The argument I’ve been seeing against Trump being able to invoke the PRA is that it specifically excludes “documentary materials that are … official records of an agency” (44 USC §2201 (2)(B)) from being “presidential records” which the former president would be entitled to access.
Unless that part of the act is unconstitutional–perhaps as a violation of the president’s Article II powers?–I’m having a hard time seeing an effective counter to that argument.
This confirms there is NO JUSTICE in our Republic. It’s devastating. .
The logical conclusion to this motion is to make any possible material still held my President Trump completely toxic.
Looks like they’re trying to get one of their red diaper doper baby judge friends to declare them superior to the Office of the President of the United States. This is going to end badly for them
You know, it almost makes you wonder if there are lies in his Daily Presidential Briefings that can easily be disputed if we were allowed to see them.
And trust me, anything from the so called “intelligence”crowd is suspect already x 1000.
the main reason for classifying the documents is to prevent the public from seeing their crimes.
Thanks Sundance, it is amazing the powerful intellectual army that we have and forget sometimes about!!! People like you, Lee Smith, Margot Cleveland, Mike Davis and many countless others are doing the Lords work!!! ✌️