One of the ways you can immediately detect federal Lawfare deployment is to look at how media articles are written when they outline court filings without direct citation for review. The Hill began SEE HERE. The New York Times is similar, SEE HERE.
Notice both national publications talk about a DOJ court filing, presumably made under seal, that limits President Trump’s defense access to materials and documents used in the case against him. Notice the media do not say how they gained insight into the details of the sealed filing itself; nor do they provide any source context for how their reporting is structured. Nothing like, “according to sources with familiar with the matter” or anything similar. Just nothing; no attribution at all.
That media context is a BIG red flag indicating the need to ‘create a narrative’ is more important than the actual substance of the evidence material underpinning it.
Both stories hit on the issue of the DOJ filing a (presumably sealed) motion with the Florida court, to place limits, rules and restrictions on evidence against President Trump, that limits his ability to review it, talk about it and/or provide context for it. THIS IS A LAWFARE MOVE. This is what happens in the prosecutorial star-chambers where they hide information in order to create the appearance of something nefarious, where nothing nefarious exists.
When we see this legal approach, we can be assured the case that uses the evidence is built upon fraud and pretense. Do not be afraid to tell your family, friends and others about this dynamic. President Trump is being accused of the crime of violating 18 U.S. Code § 793(e) – Gathering, transmitting or losing defense information, a violation of the espionage act, and the DOJ is requesting that President Trump must not permitted to defend himself by discussing the evidence against him.
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.
WASHINGTON DC – The Justice Department on Friday filed a motion seeking to block former President Trump from releasing any classified materials that will be shared with his legal team during his prosecution for the mishandling of records at Mar-a-Lago, noting that some are still being used in the course of their investigation.
The documents “include information pertaining to ongoing investigations” which could be used to further cases against uncharged individuals, the Department of Justice (DOJ) wrote.
The suggested protective order, which will be reviewed by Judge Bruce Reinhart, would allow Trump to review the 31 documents the DOJ is using in the case only while in the presence of his attorneys.
“Defendants shall only have access to Discovery Materials under the direct supervision of Defense Counsel or a member of Defense Counsel’s staff. Defendants shall not retain copies of Discovery Material. Defendants may take notes regarding Discovery Materials, but such notes shall be stored securely by Defense Counsel,” the DOJ wrote.
It also includes similar language to a protective order agreed to in another Trump case that bars the former president from disclosing evidence in the case. New York state prosecutors made that request as they pursue a 34-count indictment of Trump relating to a hush money scandal.
“The Discovery Materials, along with any information derived therefrom, shall not be disclosed to the public or the news media, or disseminated on any news or social media platform, without prior notice to and consent of the United States or approval of the Court,” the department wrote. (read more)
Watch this interview with Devin Nunes and Kimbery Guilfoyle – Start at 06:40 listening to Nunes:
I am correct about the documents grabbed.
I am correct about the nature of the DOJ/FBI intentions and motives.
I am correct about the Lawfare manipulation of the material to present the illusion of illegal where nothing illegal is taking place…
…and I am increasingly certain that Mary McCord is part of TEAM Jack Smith!
Wait for it!
The first two defense approaches will likely be: (1) the Presidential Records Act supersedes the issues of document holding as noted in the use of the Espionage Act. (2) However, if the Espionage Act [Statute 793(e)] has to be defended, the originating issue of “unauthorized possession” will be the second approach heading to the 11th Circuit Court of Appeals.
Some baselines are needed to understand what is happening.
First, the National Archives and the DOJ did not demand a return of Classified Documents. They requested a return of documents containing classification markings. These are two entirely different things.
Most documents containing classification markings are not classified documents; yet, most classified documents contain classification markings. Additionally, one of the documents used by Jack Smith in his indictment [COUNT #11] contained no markings at all.
Second, it is critically important to remember that throughout the legal issues in the aftermath of the Mar-a-Lago raid, the DOJ has viciously denied any responsibility to describe the classified documents they claim to have retrieved. In fact, the DOJ has fought against any entity, including the court appointed “special master”, from being able to look at the documents the DOJ *previously* claimed were either classified, or, vital to national security. {GO DEEP}
Because there is a very specific type of Lawfare taking place with words, it is critical to see the value in what former HPSCI Chairman Devin Nunes has stated about the way the language is being deployed. Now we turn to the testimony of the national archivist office, and here is where it gets really interesting.
♦ During testimony to the House Permanent Select Committee on Intelligence, the National Archives and Records Administration (NARA) officials were asked specifically about Trump documents and how they could *KNOW* fulsome return of documents had not taken place. The response from the NARA officials is enlightening:
[Source pdf, testimony transcript – page 43 and 44]
Notice that NARA had knowledge these documents were in the possession of Trump and were pertinent to their archive retrieval. It was interesting at the time that NARA would know the content of the President Obama letter, and further interesting they would know there was more than one piece of correspondence between President Trump and Chairman Kim [Jong-un]. CNN even wrote about it HERE.
[Irrelevant note: Mr Bonsanko got the name wrong, Jong-il is dead]
Reminder, keep in mind the DOJ ferocity in not wanting anyone to know what documents they retrieved and/or defined.
We know, from President Trump describing the letter left to him by the former president, that Obama told Trump in the letter that the number one foreign policy and intelligence threat perceived by Obama (at the time of his exit) was a nuclear armed North Korea. This is where you overlay the Jack Smith writing in the indictment of national defense secrets and nuclear security issues.
We know, from President Trump speaking publicly about his communication and diplomacy with Chairman Kim Jong-un, that the two leaders exchanged letters relating to aligned national security interests that centered around DPRK nuclear ambitions and status.
Trump and Kim formed a geopolitical truce, a friendship of sorts, based on respect and trust around the nuclear issue. Chairman Kim decreased hostilities; President Trump no longer used inflammatory language about “Little Rocket Man.” A diplomatic détente was created.
NARA was looking for the letter written by Obama that described DPRK nukes, and NARA was looking for letters between Trump and Kim that touched on DPRK nukes.
Now, does the wording in the Jack Smith indictment that pertains to “nuclear concerns” and “national security matters” make more sense?
Would all of this “nuclear national defense” hullaballoo really stem from President Trump not giving up personal letters written to him by President Obama and Chairman Kim? YES! Would President Trump even characterize those letters as government property? NO!
♦ The indictment accuses President Trump of withholding documents containing “classified markings,” a very specifically deployed obtuse wording intended to create the implication of something nefarious where nothing nefarious exists. It is entirely possible for a person, any person, especially a person who follows the news, to possess documents containing “classified markings.”
There is a big difference between a classified document and a document containing classified markings. As an example, anyone who has looked at the Carter Page FISA application, made public in July 2018, has reviewed a document containing “classified markings.” When a document is declassified, they do not remove the markings.
This language is the underpinning of the entire DOJ/FBI framework that predicated the raid on Mar-a-Lago. Specifically, neither NARA nor the DOJ-NSD requested President Trump or his team to return Classified Documents. The DOJ demanded the return of any documents that contained “classified markings.” [SEE BELOW]
Because the verbiage is so intentionally obtuse (ie. Lawfare), a fulsome production in compliance with this DOJ demand would include any newspaper or magazine articles that had a picture of the Carter Page FISA application, or any printed online article that might contain the same or similar elements. There is a big difference between asking for a classified document return, and asking for a return of documents that contain “classified markings.”
Can you see the way it unfolds? Of course, when you apply the Lawfare lingo, an approach entirely based on maintaining the targeting of Trump, then suddenly the seemingly innocuous becomes horribly nefarious.
In order to pull this off two things would be needed: (1) the DOJ would need to write about it in a certain way in the indictment√; and (2) simultaneously, the DOJ would need to stop anyone from viewing the actual documents, as they misleadingly described them√. Hey, wait… that’s exactly what they did.
♦ In a previous court ruling by the 11th Circuit Court of Appeals, the court ruled in favor of the U.S. Dept of Justice – National Security Division (DOJ-NSD), and blocked the lower court order instructing a Special Master to review the DOJ claimed, “classified documents.” [pdf Ruling Here]
Essentially the order of the appellate court was based on the DOJ defining Trump’s Mar-a-Lago documents as “classified” and “vital to national security”, and the court’s determination said they have no authority to question the decision of the executive branch when it comes to how they DEFINE matters of national security.
The court (judicial branch) openly stated they defer to the DOJ (executive branch) regarding any/all claims of harm to national security that may be caused by a review of documents the DOJ-NSD determined, on their own authority, to be identified as classified or matters of “national security.”
In the prior opinion of the 11th Circuit Court of Appeals, if the DOJ states sharing the “classified documents” with a special master may harm national security, the court must accept that position without challenge and stop the special master review.
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 is deferred to the DOJ.
The DOJ was 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.
This ridiculous ruling meant the DOJ could define any document as a document of “national security interest” and there is no countervailing review of their definitions. As soon as this decision was reached the DOJ then moved to appoint a special counsel. Can you see how this works?
With this ruling in his briefcase, Special Counsel Jack Smith could now define the Mar-a-Lago documents according to the legal intention of his targeting. That’s exactly what he did. The case against Trump is not a case about classified documents, it is a case about the DOJ defining unilaterally what documents are considered “vital to national security.”
With the DOJ getting to define those documents, the special counsel then moves to claim national security threats created by Trump’s ownership. The overlay of “vital to the nuclear capabilities of the defense dept,” can then be shifted to include letters from President Obama and Kim Jong-un about DPRK nuclear capabilities.
One would think that the Lawfare leak sources, and even their corporate stenographers/gossips, would be liable under those same statues. But no…it’s all about putting Orange Man Bad into orange prison garb…🤬
…and ensuring the perpetual disenfranchisement of MAGA.
…and ensuring the perpetual disenfranchisement of
MAGAthe rest of the nation once the people catch on to the corruption.With each passing day more and more of the people who ordinarily don’t engage in political discourse are becoming aware of the truth that’s being occluded from them. Lawfare folks aren’t going to enjoy the results of this awakening.
I am correct that the Garbage Party Republicans won’t even come to President Trumps aid. Imagine if this were Obamamau going through this. One thing about the Demonic Pedo Democrats- they close ranks and fight as dirty as they can. The Shitbag Party- nothing.
that’s what makes me believe that most of the RINOs should just be allowed to lose. don’t ‘vote’ for them, don’t give them anything. they don’t deserve support because they are PRETEND opposition.
yes, the commiecrats would gain temporary power, but they’ve almost assured that with cheating now, haven’t they? at least then the RINOs wouldn’t cause any more damage and could be replaced with fresh, vetted candidates.
Herb, that’s my plan. No more R votes at the congressional level. I agree with your comment.
I’m not voting for the dirtbag Republicans either.
Over.
Sounds like you never planned on voting for GOP anyway. Any real GOP knows down to their toenails NO Democrat should ever get near political power ever again. So you are just crying wolf.
True, Stringy & Herb! Voting for cultural conservatives who enable the tyranny—poseurs, third-rate actors and outrage-mongers on an irrelevant stage—will get us nowhere, while the plutocracy continues their national suicide. No thank you!
They are the Steven Seagals of politics.
Vote for them .Stop being silly. A 60:40 RINO is still 100% better than any Democrat.
I don’t know Herb. RINOS are too entrenched not just among the elected GOP ranks but also in the party hierarchy. I think reforming the GOP is a lost cause. The time to form an America First political party is upon us now.
No need for a third party. One suspects there are a lot of Democrat-union plants posting all the sudden.
If this would be happening to Obama millions would be on streets everywhere , cities would be burning and government would fear people so they would back off. On our side we will pray at our homes and wait for God to do something!!!
You just said why NO Democrats should ever be elected again. Why are you not objecting to those who say they will sit the next one out?
“best traditions of the Department of Justice”
So Jackboot Smith, it’s been corrupt for a long, long time ?
It has.
Back in 1991/1992 FBI Director William Sessions started an investigation into DOJ corruption where the DOJ misled a federal judge in a case involving an Iraq bank.
Then AG Bill Barr quickly filed an ethics case against Sessions. Bill Clinton finally forced him out.
This was the case that told me Bill Barr was a bad choice in 2018. It seemed to me at the time that Barr was covering crap up inside DOJ, and perhaps elsewhere in government, even back then.
Smith is just Obama’s boyfriend lover he got to handle the case
The Communists can play with words all they like but MAGA knows it is about stealing the election again. It is a coup d’etat.
It’s gone way beyond a coup. Now the regime’s trying to fast track the country into complete totalitarianism, using Jester Joe as their figurehead. And after that a neo-feudal territory, along with the rest of the world. I pray for PDJT, and us, every day.
The US is a 🤬🤬 criminal enterprise. Since I have no grandchildren to temper my fury, I’m praying for the asteroid. Do the math, the place is terminally infected and needs a flaming purge.
From this point Trump just needs to unload, name names and be an election martyr if need be. God is making him pull up the rotten plywood on the lawn to reveal the vermin underneath. None of us would currently believe who all is hiding under it.
The US killed between 4M and 11M civilians overseas since 1990.
There is absolutely no reason to believe god is on our side.
Bingo . Sad but True. Still the good people of America don’t deserve to be purged . Perhaps some special targeted bolts of lightening , to shake up the malevolents running the government.
A nicely timed asteroid directed at the District of Gomorrah.
I call it Lago now.
Sin City 2.
The US Government killed between 4M and 11M civilians overseas since 1990.
Our crime against humanity is not killing of this government sooner.
That is why we need to make sure we are on God’s side
There are good people in this country. God is on their side.
And over 60 million babies in this country.
Judge just needs to say no or throw the case out. This is a power move on her.
Perhaps Thomas will get involved.
#bananarepublic
The judge did ask Trump’s attorneys to get security clearances. How else would the parties involved be able to see the documents if they are so secret? And what about the jury? Will they need security clearances as well or are we all supposed to take this lawfare BS on faith.
Trump alone can give his lawyers or anyone else the necessary clearances and can share any of these documents with anyone he pleases. This is an attempt to overthrow the constitution, and the court is sworn to defend it against domestic enemies as well.
Not now Trump is no longer Commander and Chief of the Armed Forces. Bidden definitely won’t. My guess is the Justice Department will get a ruling that the jury can not see the documents and have to take the Prosecutor’s word that the documents are what he says they are. If the judge goes along with this the jury ought to vote not guilty on all charges because they were not allowed to see the documents in question. The judge may rant and rave at them but there is nothing the judge can do about it. This is called jury nullification.
If he says he declassified them, or that they are his personal papers, the Constitution and the Presidential Records Act let him do as he pleases. DOJ doesn’t outrank him, the law, or the Constitution.
The jury? They don’t need no stinkin’ security clearances. They just need to listen to the DOJ prosecutors. All will be well. /s
Clarence Thomas is in danger of being Scalia’d. First, this case, but more importantly, the broader Second Amendment issues working their way up the chain. The left needs him gone. The DeepStater/UniParty/DCMafia crowd really need him gone. Prayers for him and such other constitutionalists as remain on the court!
ACLU – what happened to you?
LOL
ROFLOL!!!!!
Never depend on the Amerikan Communist Lawfare Union.
Australia called. They want their kangaroos back.
It’s Ok, there are more of them than people down ‘ere … we won’t miss a couple 😁
Rresults-oriented, as opposed to process-oriented, prosecutions of patriots.
The 65 Project is a campaign targeting lawyers who aided attempts by then-President Donald Trump and his supporters to overturn the 2020 election results using advertisements, threats of disbarment, and changing rules within the American Bar Association, ostensibly to deter future similar efforts.
The 65 Project was “devised” by Democratic consultant and former Clinton administration official Melissa Moss. It is a project of Law Works, a group with no website or public financial disclosures. LawWorks has previously received grants from public policy-oriented foundation Democracy Fund and is a fiscal project of the Franklin Education Forum, a nonprofit organization that provides training and support to, “advance and broaden the appeal of the progressive cause.
https://www.influencewatch.org/organization/65-project/
Wild guess, Soros.
I accidentally hit the red flag next to your comment (sorry). How do you unflag something?
dont worry bout it. Nothing will happen unless the comment violates CTH rules.
You hit it a second time to turn it off. It’s a toggle.
Could this scale-holder be related to the Whore
Of Babylon?
A Brief summary
White House asked National Archives to start proceedings.
DOJ demands return of documents containing classified markings, which as Sundance has pointed out does not mean classified documents.
DOJ decides which docs cannot be viewed and uses that as an excuse to gets rid of special master and install Jack Smith
DOJ decides which docs are classified
Federal judge Howell allows prosecutors to circumvent attorney client privilege forcing Trumps lawyer to testify.
DOJ breaks law by leaking to media
DOJ breaks law by bribing attorney for defense
DOJ forces Trump’s attorney’s to be removed
DOJ threatens witness if he does not turn on Trump.
DOJ transcripts to media are altered from original recordings to make Trump look guilty (see Sperry)
DOJ asks to keep evidence from public and limit Trumps ability to defend himself using national security – trust us ploy.
And while the government gangsters are busy in D.C., the IRS and ATF busts down the doors of a legitimate gun dealer’s business, snags all the forms with purchasers’ information, and shuts the guy down. They are attacking us on all fronts.
What I wonder is why the gun dealer did not contact the sheriff, governor, or even his lawyer before any of those IRS thugs were allowed entry much less waltzing off with any boxes of forms.
Banana. Republic.
President Trump should consider another personal meeting with Chairman Kim, along with leaders in Japan, and Israel.
This ties in to the earlier attempt to tie Justice Thomas to ethical violations. The goal was to get rid of Thomas. He is the Supreme Court Justice over the 11th circuit. It will be interesting to see how he rules on Trump not getting to see the evidence against him.
He won’t be intimidated by their efforts….
Yup, it very much failed and Thomas is there ready to pounce! 🤔
Never thought of that.
Why is Project 65 permitted to exist? The ABA has some explaining to do if this is in any way being sanctioned by those in the organization.
https://www.influencewatch.org/organization/65-project/
Anything judge Cannon does that the DOJ does not like will be overturned by the appellate court. The fix is in.
You’re 100% correct! Justice Thomas better have a bottle of 20 year old Bourbon on hand when he writes his decision!
But then on to the Supremes.
And, then what exactly do you imagine the outcome?
I mean no disrespect.
With Roberts and Kavanaugh? How’s that been going?
From my vantage point, it seems the only way this isn’t rigged against PDJT is if they care about the horrible precedent that it sets for the future. Which, I might add, is an extremely important consideration when making such important rulings (i.e. in some respects, almost more important than the instant case), but the Courts seem to ignore this when it’s convenient for them to do so.
Then again, if they rule in a patently absurd manner, maybe it’s best that the United States not have much of a future. At some point, starting over with a group of like-minded states could be the best move.
We keep hearing the SCROTUS can’t be political. BS. That’s a cop-out. Everything is political and they know it. Either they are in on it (Roberts for sure) or they are scared (Kavanaugh, others?) or they are part of the scam (the three liberal ladies). How does even limiting the defendant to defend himself pass the smell test? How does a group like Project 65 even legally operate? Certain judges were targeted by the nut jobs on the left over Roe vs. Wade. No one does siht. Robert says squat. Another Bush trick played on us. God help PDJT and this country.
Yes, they will demand en banque.
I agree, the fix is in.
Also, please consider the following factors, which, in my view, indicate that Judge Cannon may be swampier than we’d like, or at least able to be compromised:
I’d love to be wrong, but as far as I’m concerned, these are all swamp factors.
You appear to be a NEW Doom and Gloom poster.
Sorry, I don’t mean to bring doom and gloom. I call balls and strikes as I see them. Again, I’d love to see this evolve in such a way that I’m proven completely wrong. That would be wonderful.
Should I not share my honest comments and analysis of the situation, even when it could be seen by some as “doom and gloom”? It is my view that establishment covers their bases at every point of significance, throughout the government, in all branches. These efforts have been expanded and redoubled to counter Donald J. Trump.
In my lifetime (age 47), I believe that the election of Trump in 2016 was probably the only time that an “establishment” candidate hasn’t won. That’s the only event that occurred without their pre-approval. They’re all groomed for the job, and as Tucker recently said, the vast majority of both parties will always advance the trillion-dollar interests of the war machine.
I’m tired of that, and I think most Americans are. The trouble is, the powers that be will not relinquish their power without a fight to the finish. Such a fight will not be won without overwhelming support.
I really wish PDJT would get himself substantially better representation. I think the implications of a bad decision on this case are far wider than Trump’s own guilt and freedom. I believe that this case does threaten the future of the Nation in a very direct way. Who is in charge — the President or the administrative state / swamp?
I’m in agreement with much of Robert Barnes explanation of the constitutional issues at stake, which he went over in a long video. Sundance posted that video here last week. Importantly, I believe that if Trump had better attorneys, this case would never have reached this point. So until/unless he does get them, I have no faith that these substantial issues will be properly litigated through the Courts, up to and including SCOTUS. Trump needs attorneys that will fight like wolves on these important issues, because only such overwhelming legal argument will be able to overcome the deck being stacked against him by the many swamp creatures in the courts.
None of this is fair, or correct, or as it should be. But it is how I see it.
I hope and pray for it to go as it should and would, if our justice system would be fair to Trump, and if our elections would be fair, in all Presidential and Congressional races. Just as Trump needs overwhelming numbers to beat the cheating in the elections, he also needs overwhelming legal support, to beat the cheating in our courts. The stakes couldn’t be higher.
Here’s hoping that PDJT’s lawyers are listening.
We have not hit bottom.
Not even close.
The fascists are now pretending that this is all an exercise in liberal democracy and constitutional government.
What’s most scary is that the leftist lawyers think democracy and leftism can be reconciled. Like the French revolution, this ugly fantasy can only end on the guillotine.
They do not think their views can be reconciled with the US Constitution. They are looking for a radical transformation. That is contempt.
Sadly, it’s going to get really bad. I have grandchildren to sacrifice my life for.
I am not going to pretend that our government is acting lawfully when they are not.
#governmentgangsters
You do not win a war with the wrong weapons.
We are in a post-Constitutional era, trying to fight back with the Constitution when a goodly number of federal and state judges do not subscribe to the Constitution. Period.
You have to fight to win and in this era, this time and place, it isn’t the Constitution unless all the judges you face are supporters of the Constitution and are themselves brave.
You have to change the weapon of choice.
That is a reality.
We’re burning the ships behind us. We can only move forward. Freedom or tyranny are the only potential outcomes.
Question for Sundance:
President Trump was in office four years and Mar-A-Lago was his Winter White House for the entire time. During these four years top-secret classified documents were kept and stored at Mar-A-Lago when President Trump was there and when he wasn’t there.
Q: Why is it any different keeping classified or unclassified documents at Mar-A-lago now that warrants 37 criminal charges?
It is impossible to justify a sham politically inspired indictment. Pages of contrived and dishonest legalese will never change this reality
The defense needs to prove this is true and that this heinous case is just another vicious partisan Dem attempt to eliminate PDJT from the POTUS race and to satisfy their depraved personal desires to ruin him and his family. Jack Smith and his minions “in fancy linen” are unhinged political operatives that have powers a functioning free Republic should never have allowed them to have.
Listen to Robert Barnes analysis and all will be explained
Are you referring to the interview he gave on Viva Frei podcast? If this is the interview you are speaking of please give a link to the podcast.
Here’s the link to Sundance’s post about Barnes analysis, including the video: https://theconservativetreehouse.com/blog/2023/06/13/robert-barnes-on-trump-indictment-deep-state-vs-a-constitutional-republic/
Terminators the Democrats won’t stop until mission complete. The republic as fallen it will take a war to get it back.
Where are the dirty rotten filthy worthless state Attorney’s General?
The seal has been broken. Bring the house down.
1000 indictments ought to do the trick.
Goes to show you which of them has any “fortitude” at all.
The worthless, traitorous rat-scum legislature in Texas impeached arguably the best of them. He was going gangbusters against the regime. Now, Abbott has appointed some interim guy pending the results of the impeachment trial. They want Paxton gone soooo bad. He and Allen West were the only things stopping 2020 Texas from going blue. Bank on it.
It seems to me this absolute DEFERENCE by the Courts, TO THE EXECUTIVE branch, to detirmine what is a National Security matter, what is classified, and who can or can’t see it, etc….
is simply a logical extension Of the Consitutional recognition of,…the Executive, specufically the President AS COMMANDER IN CHIEF.
Bear with me: the President, AS Commander in Chief, is the sole arbiter of all matters of National Security, and NO ONE else, NOT Congress, and NOT THE COURTS, can gainsay, overrule or veto him.
Ergo, the Courts can not and will not question, challenge, gainsay, overrule or veto the National Security buerocrats OF the Executive branch; if THEY, as designated members of THE EXECUTIVE BRANCH, and so working under the umbrella of authority of the POTUS, declare something to be “classified” or a “National Security interest” the Courts must defer.
However, once again we get back to the unique position of THE PRESIDENT, that does NOT apply to anyone else.
So, I understand the 11 circuits seemingly “rediculous ruling” and am confident it will take SCOTUS to “sort this out” as I can sctually understand the thinking behind this “rediculous ruling”.
Basically, the Court HAS to defer to the Executive BRANCH, on matters of National Security.
We can not have the Presidents hands tied, argueing Court cases, before he can order missile strikes in Syria (as an example).
Hence, “Commander in Chief”. And just as obviously, the POTUS doesn’t actually fire the missiles, hence the concept that the Courts do not question, challenge or overrule THE EXECUTIVE, extends this absolute and so unquestioned authority (by the Courts) to employees OF the Executive Branch.
Once again, Lawfare has sought to find and exploit a gap (not a “loophole”) in the law, in order to conduct a trial “in the Court of Opinion” that they will iltimately lose in Court, much like Smiths 8-0 rebuke.
There’s already a SCOTUS ruling, Navy v Egan, where the court acknowledges what you noted.
The president, and the president alone, has the power to classify and declassify, including in matters of national security.
I learned this from Jim Jordan last week.
And from Robert Barnes
Damn! you are one smart dutchman!!
So you are saying a rogue executive branch can deny all manner of individual rights (also named in the Constitution that created the executive branch) under a potentially false narrative of “national security” with no checks or balance? I am pretty sure that was not the Founders’ intentions.
Furthermore, now you have the Executive Branch that was in control at the time the documents were created being outweighed by the new, rogue executive branch.
The Espionage Act did not exist when the Constitution was created. So how does the wording of the Espionage Act override contradictory language in the Constitution protecting individual rights?
The DOJ will argue that Donald J. Trump is not President any longer, and the current President, one Joseph R. Biden, can alone make security decisions, including reversing some the previous President made. What then?
Spread the news. Wake a neighbor.
https://greenjihad.com/2023/06/17/the-pendulum-is-swinging-back/
I don’t know how many concerned Americans read and follow CTH’s detailed articles but I suspect it is nowhere near enough to effectively counter the corrupt media’s and despicable Lawfare’s distortions and manipulations.
This is not sundance’s fault of course as his work is exceptional and insightful. It frustrates me to see the CTH insights are not being discussed at the highest and broadest levels of communication. I wish Tucker would mention CTH and its important insights at least once on his Twitter site.
Simply consider the statement: “the number one threat to the U.S. is North Korea”.
The math ain’t hard.
Going after Trump’s lawyers too
I think the Supreme Court needs to summarily elevate, and vacate, the bullsh!t.
I don’t think Presidents and former presidents should be immune e.g. the Bidens are such criminals and foreign agents to hostile powers.
BuyDen was never elected.
Our only hope may be a ruthless team of “RIGHTSFAIR or RIGHTSFARE” attorneys fighting viciously and relentlessly against those bastards!
If by some wicked chance, the courts rulings concerning classification issues could be used against the DOJ, I would think.
Motion to produce to review and impeach; denied; motion to dismiss on constitutional grounds and WEATHER UNDERGROUND case – releasing the evidence would compromise national security.
If Trump described his bigger button and how it works to Kim, how can anything shared with North Korea be considered a national security risk?
Maybe what they are looking at is the thank you note when Trump shared a CD of Rocket Man.
Trump publicly shared Obama’s concern about a nuclear confrontation with North Korea, and O’s refusal to even talk to Kim.
As I see it, the best way to stop this lawfare is for the judge to hold the prosecutors individually in criminal contempt. They have contempt for Article 2 and Article 3, and hence for this court.
How can the President, who has unfettered power over classification and designation of personal presidential documents, as well as authority to give clearance to his valet or anyone else, be even asked to restrict his use of these documents unless the prosecutors hold the constitution and the court in contempt?
No matter the classifications on these letters, President Trump ‘declassified’ by speaking about them awhile back. Maybe we now know why.
President Trump KNEW.
The DOJ is requesting that President Trump must not permitted to defend himself by discussing the evidence against him.
I see a fundamental due process violation here. Is the DOJ saying that even at trial, it won’t disclose what these “national security” documents are? “Trust us, we’re the federal government, and we say they are.”??
The special master proceeding was a pre-indictment, pre-trial matter. Once jeopardy attaches (when the jury is sworn in , or in a non-jury trial, when the first witness is sworn in), the due process clause of the Fifth Amendment (which applies to the federal government; the Fourteenth is directed to the states), would be invoked, if not before.
Trump is probably going to challenge the government’s claims as to the documents’ contents. While there may be justification for deferring to the executive branch outside of a criminal trial, they are trying to deny him a defense to the charges where his life, liberty and property are at stake.
The DOJ is requesting that Trump should not be allowed to view the documents without his lawyer present.
The motion states nothing about “discussing”
True.
What I wonder about is at what point in the criminal proceedings can Trump’s lawyers actually bring up the contents of each documents and challenge the designations as concerning “national security.”
I assume they don’t want Trump starting his narrative in a public forum that would conflict with the DOJ’s narrative so far. The DOJ is busy tainting the jury pool, and don’t want that pool to hear alternative narratives.
Hopefully Trump’s lawyers will challenge every single document and provide their own intelligence experts.
You are a 1,000 percent correct that these types of motions are an attempt to taint the jury pool.
The only goal of all of this is the disenfranchisement of the American citizen. Not just in 2024, but permanently.
Definitely. And that is our primary dilemma. If we withdraw from participating in our American “process”, the criminals run free unimpeded. If we keep fighting them, publicly, legally, we stymy their efforts. But, when corruption is at the highest levels, when the entire process is corrupt, we do not win. If we withdraw until they get on our one last gray hair and string them all up in the public square, then the civil war we don’t want begins.
That’s how I see it anyway. The American Paradox I guess.
Poor Trump. His closest allies are weather-vaning in granular detail the fate that awaits him as though this feat of prognostication is, by itself, some sort of moral act. Which this isn’t.
The only thing left explicitly unsaid is that SD is a very clever fellow indeed. He should have a blog.
We’re moving into the realm of ghoulish voyeurism and in some sense the most cynical kind of infotainment.
Honestly, the things a population will get up to when everything but action is on the table for review, including performing detailed, anticipatory autopsies on its own leaders.
Trump is a heroic stereophonic speaker. The trouble is the other speaker failed to show up, or was stolen by the Yellow Vests who deployed it in the streets of Paris where it bellows in similarly brave mono.
By all rights, Trump deserved the French Yellow Vest movement as much as they deserved him. What a waste of a great stereo system.
Unbelievable.
U.S. Government = Mafia
The mafia had standards
An old hand who’s voice I recognized came up on the CB last night at the truck stop: “Hey know what the first thing I’m gonna do when I get home?” The reply’s were fast and vicious: “Take a bath?” “Find a non inflatable woman?” Once the chatter died down he came back: “Nah ya bunch of losers. I’m gonna register as a Democrat.” Channel 19 lit up for 30 miles out. Once that died down he was on again: “Yep that’s what I’m gonna do. I want to know what’s it’s like before I die to feel like a winner.Havnt felt that way since ’16.” I came back: “Hes not wrong you know. The Chock Full O’Shit Party even when they win they lose.” Much agreement.
I hate these people.
I have deep disgust for that woman.
My goodness, whatever Doctor did that things transition surgery should be ousted from the medical profession!!! That guy is U-G-L-Y! 😝😝😝😝😝
Oh, look, Jackboot with his RPF (resting pr![× face) on
The tool with which the proper protection of classified information may be ensured in indicted cases is the Classified Information Procedures Act (CIPA). See Title 18, U.S.C. App III.
https://www.justice.gov/archives/jm/criminal-resource-manual-2054-synopsis-classified-information-procedures-act-cipa
I am curious whether this motion is an attemp to try to obstruct trumps right to try to get the case dismissed using “graymail”. (like Oliver north got his charges dismissed. ). The CIPA is designed to make it difficult to get case dismissed using “graymail” under these concepts but trump is special situation because he was POTUS. And weissman and eisen opinion piece in Nyt expressed concern trump might try to “graymail” the DOJ
I assume if Sundance knows this…trumps attys know this and will respond to the court explaining what the DOJ is trying to get away with…first and most important are the media leaks that judge cannon was well aware of during her first go around on this
To borrow a line from CTH:
Well done SUNDANCE, well done!
Obama and Smith need to hang for their treason
Don’t leave out the Clintons and the Bidens.
The American government has become the Fourth Reich.
The DOJ/FBI is as transparent as Hunter Biden selling his paintings for $500k..
Our nation has become a grotesque pathetic cartoon.
The first time I read about the audio tape, I wondered, “How does the DOJ prove what Trump was waving around, holding in his hand, showing the people present, without bringing in one of those present to identify what was in the document mentioned on the audio?” It’s just an audio. Is this what Mark Meadows is getting immunity for (if he is)?
The DOJ has to prove that Trump actually had a national security document at the time and in the room when the the audio was made.
And even then, how can we trust that witness knew or is accurately and truthfully describing what they saw?
Notice whenever there is a bombshell dropped in the Biden case, there is automatically a “bombshell” dropped in the Trump case using the EXACT SAME details of the Biden Bombshell?
Isn’t that MAJOR EVIDENCE TAMPERING if they used two different tape conversations and then spliced segments together to sound like it was one conversation!!!!!!!!!!!!!!!🤨
All smoke and mirrors. Backed by Marxist propaganda emanating from the fake news. People are waking up to these tactics. The lies, phony leaks and propaganda created to remove Trump. It’s not working. I’m confident the greater voting population sees the bs. It’s also time to go after Meatballs,Haley, Pence and the rest of the backstabbing RINO garbage.brigade.
The Sixth Amendment also guarantees the “right to confront witnesses,” i.e., the right to cross-examine witnesses against him.
This would presumably be the person at trial who identifies the documents at issue as the ones seized from MAL Smith was not at MAL, so someone would have to establish a chain of custody to the current custodian of the documents. IIRC, Trump has claimed that the DOJ has planted papers in the “national security” documents that are at issue.
Trump’s attorneys should ask to see the inventory of everything seized, and an inventory of the national security documents at issue, as well as the chain of custody log for each document at issue.
I am very worried that Bruce Reinhart is the magistrate who will rule on this motion and other pre trial motions regarding handling of evidence and discovery. He approved the overbroad warrant authorizing fbi raid on mar a lago and the extensive redactions of the supporting affidavit which prevented trump from learning contents of affidavit. He gave $2000 to Obama campaign in 2008. Has made derogatory remarks agains trump in past. I don’t understand enough about how this works to know if judge cannon can overrule magistrate Reinhart ?
Yes, Trump can appeal a federal magistrate’s ruling. Magistrates and bankruptcy judges are not Article III judges, but really just court employees with a fixed-term appointment
Ye, why is he even involved at this point? Why isn’t Cannon ruling on everything PDT related?
I don’t know if rulings on pre trial motions can be appealed?
Yes. Whether the district judge will hear the appeal is another matter. It depends on the judge, the magistrate and the issue. I don’t know how long this magistrate and judge have worked on cases together.
Magistrate positions were created to lighten some of the district court judge’s workload by giving them pre-trial matters in criminal and civil cases, and sometimes settlement conferences in civil cases. Making the judge re-hear everything would change that. Trump’s lawyers should be able to decide what has to be appealed here and now. This issue is definitely one, if the magistrate rules in favor of the DOJ.
Thank you for explaining this!
Yes, Wethal is invaluable in legal matters.
We must assume then that the DC Grand Jury was not permitted to see the “evidence”.
How can you vote to indict someone without be permitted to se the evidence?
It looks like this whole thing is losing steam pretty quickly and has gone counter to what the Deep Statecwants which is to peel away support from President Trump! It has gone the complete opposite direction and he has even stronger support and it looks like that support is literally entrenched in solid concrete! Also, in the past these things would cause a politician to be forced to resign but has made President Trumps resolve turn into hardened steel! I personally love it! 🤔
We watched Tombstone last night. Incredible movie and we’ve seen it before but in these times it felt good to see how evil pieces of crap are dealt with.
I want Doc Holiday to show up and say to Jack Ryan “I’m your Huckleberry “.
I’m in mind of a different quote, from the younger Earp in that movie:
“They’re bugs, Wyatt. All that smart talk about live and let live. There ain’t no live and let live with bugs.”
Great movie, hubs and I watch it every couple of years. Kilmer and Russell rock!