Before getting into the weeds, here’s the big picture baseline. All documents and records created within the executive branch are created for the benefit of the head of the Executive Branch, the president.
There is no entity, organization, assembly, institution, person or individual, above the President of the United States. The president holds absolute power and absolute immunity. Everyone within the executive branch works at the pleasure of the president, and all work products are created for his administration. This is the plenary power of the president.
The entire documents case in Florida rests on the principle that another entity supersedes the president within the executive branch. Some unknown, unnamed bureaucracy can override the president and decide for themselves what would be called a “presidential record” and what would be called “classified information.”
Jack Smith, Norm Eisen (pictured left, red tie) and Andrew Weissmann each argue that some other entity rests atop the president and can make this decision.
Judge Aileen Cannon has not determined which constitutional argument is correct, and has told the parties to create jury instructions both ways. The Lawfare crew of Smith, Eisen and Weissmann are going bananas.
[…] Cannon’s first scenario would allow the jury to make a factual determination about whether a former president deemed a record to be personal or official under the PRA. That is nonsensical – presidents are not allowed to designate official records as personal ones, so there is no factual issue for a jury to resolve.
A different set of laws govern the classification process and the rules for handling highly sensitive classified documents — not the PRA. They include Executive Order 13526. One of the authors of this column (Eisen) helped write that executive order. The 11th Circuit has already established that those rules fully apply to former presidents.
Cannon seems to think that the PRA somehow supersedes the executive order and the rest of federal law pertaining to the handling of classified materials. It does not. On the contrary, the PRA defines “personal records” as “all documentary materials … of a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President.” That cannot possibly include highly classified battle plans, nuclear secrets and the other official documents at issue in this criminal prosecution.
That rules out Cannon’s first hypothetical. But as Smith points out in his filing, the second alternative is just as bad. She made up a legal standard, asking both sides to assume that Trump could have deemed a record personal by simply not including it with the records transmitted to the National Archives and Records Administration at the end of his term. If this were true, the mere fact that Trump took the documents with him from the White House would inherently turn them into personal records.
Of course, Trump leaped at this interpretation, fashioning proposed jury instructions that would inevitably result in his acquittal. But, as Smith noted, this approach has no basis in the law — or the facts. Even Trump himself does not seem to have considered classified documents personal after he left the White House, as evidenced in an audio recording CNN obtained last year in which Trump, during a conversation at his Bedminster, New Jersey, estate in 2021, discussed documents remaining classified even though he took them with him upon leaving office. Smith hits this point hard, arguing that Trump’s position that records are personal was “invented” when the controversy over the documents began to emerge in February 2022, over a year after Trump left the White House. (read more)
These people are evil.
The father of lies, is within each and every one of these lawfare clowns.
Every dog has its day, and they will indeed, have their day. As we all do. When faced with their own mortality, only then, will people such as this cry for forgiveness. Until their last breath, humans like them, live with hate and dark hearts. I cannot imagine how they sleep at night.
God wont be so forgiving to the Communist’s. I have faith about that…..
Well said; every pig has its saturday too.
You mean just before they get smoked, just in time for Sunday dinner?
Judge Cannon should really piss-off Smith, cut the pain and dismiss the case against PDJT.
All true, but I think God would rather we his children man up and take care of this stuff asap when it matters so much for our existence as free people with our rights to life, liberty and happiness threatened and which were given to us by Him. Defend his gifts that belong to us. Now.
Exactly!
they need to disappear into the potter’s ground…
……as the song goes.
It is fascinating how all these judges are “BOUGHT AN PAID FOR”, the political machine must have dirt on all of them. Just like the secretive found the Senate has to pay off the sexually abused or violated people that they have their way with that we are not allowed to see.
Lawfare consists of campaign-style spinning of the contents and meaning of statutes so that actions that were not a crime, in some cases since the birth of this Republic with the Electoral College vote, can suddenly be spun into being a crime. Those people are “chronic campaigners” as LBJ once called Nixon. It is always election time with a Democrat. So, if they want to prosecute someone they are afraid would whip them in an election, all they have to do is spin the elements of a Title 18 statute, make sure to try the person in A Blue City, and at the state level make sure the judge ran for election as a Democrat, and you get rid of a headache.
Take the “Ku Klux Clan” statute from the early 1880s. You can’t do much spinning with the elements of the statute. They are all about using physical violence or terrorist tactics to scare someone out of exercising a right, like voting, or physical assault/kill them for doing it. Now, if you fail to find evidence of physical assault style crimes, like accusing Trump of using fraud, deceit, lying, and grifting tactics to try to HIJACK THE ELECTORAL VOTE, you just RENAME the KKK statute as “Conspiracy Against Rights,” and, in effect, accuse Trump of violating this new TITLE of the statute. Now, Trump doesn’t have to “injure, or oppress, or intimidate, or physically threaten” anyone to violate the statute. Just claim he tried to keep peoples’ votes from counting, so he “conspired against rights.”
Ha ha ha ha ha.
Damned if they do, damned if they don’t.
At stake – the Prize! (The evidence in the binder)
The full CNN article linked above is classic flop sweat posturing. You are so right re The Prize.
Jack really is out of his league, probably should be in traffic court.
He’d mess that up too. Real maroon.
What an Em-Bessel, what an Ultra Maroon – Bugs Bunny
This is actually becoming quite FUN to watch now!!! It appears that you could end up with Micheal Avanetti, of all people, potentially BLOW UP THE WHOLE HUSH MONEY CASE with Fat Alvin Bragg if his accusations about Cohen and the Porn star having a romp in the sheets back in 2006 are correct and it is tied back to the payments!!! Then there is DOOFUS Jack Smith who it appears could have his DC insurrection case blown up by the Supreme Court in both the January 6 cases up for review along with the Immunity Hearing! Of course the whole Georgia and Fanni Willis BS have basically now been wrecked and won’t see the light of day!!! Then add gasoline to the already burning fire with Judge Cannon in Florida seeming ready to hit Smith with a contempt violation!!! 😂🤣😂🤣😂
Ole Satanic Smith needs to take his ball and go back to The Hague.
What a disgraceful human being!
Re: fun to watch
I can tell you I am more hopeful now for old-fashioned American liberty than I have been in at least 30 years. The struggle is now, finally, out in the open. The masks have come off and tyranny is overt, and frankly has become more bizarre than I ever imagined it could. Anyone breathing and paying the slightest attention can see fed dot gov for what it is: evil, sadism and greed personified.
This moment in history has been a long time coming.
There are many still with scales over their eyes an unable to see evil now that it is out in the open
Acts 9:18
This is actually better than any sitcom that was ever produced.
Jack should be in jail awaiting convictions and long prison sentences.
Impersonating a federal officer is somewhere in there.
he should be on a catapult aimed at the center of the Atlantic.
That’s PRESIDENT Trump to you, you little piece of shit.
Well said!
The “prosecution” hates and reviles Truth like
Dracula hates sunlight
and Dawn is coming
for MAGA is with the Dawn
” Dawn is coming” for these sunlight despising Draculas.
However, the dawn these Draculas fear is spelled Don.
death to globalism
Long Live MAGA
God Bless USA!
God damn usg.
Three seditionists walk into a bar …
Jackazz Smith, Herr Weissmann, AbNorm Eisen.
…each holding their Fani.
ugh. what a visual.
You remind me of Young Frankenstein. “Wose brain rid you get?” “The jar said A B, A B Normal”
Well, paraphrased.
So Eisen was counsel to the democrats for the first impeachment and Jack has no legal or Constitutional authority and Weissmann was sneaky enough to not take Smith’s role, but just write opinion pieces. When this group puts their heads together, it’s a no brainer.
“When this group puts their heads together, it’s a no brainer.”
Somebody with more talent than I should make a meme with that statement!
Judge Orders Trump To Stop Noticing That The People Trying To Put Him In Jail Are Democrats | Babylon Bee
NEW YORK, NY — In a devastating blow for the defense, State Judge Juan Merchan has ordered Donald Trump to immediately cease noticing that the only people trying to put him in jail are Democrats.
“Quiet you!” Judge Merchan told Trump in court. “Stop mentioning that everyone in the legal system who is trying to imprison you just so happens to be a member of the Democrat party. It is completely irrelevant.”
“All instances of Trump noticing this fact will be met with serious legal consequences, which will be administered by Democrats.”
Love the Bee!
Am I the only one really creeped out by this judges appearance. He is as bad as the other one in the SDNY.
They’re all becoming serpent-like.
He looks like he’s had some facial work done. A vain, creepy looking guy.
In my opinion, notice the judge’s hair plugs at the forehead hairline.You can always tell those plugs.He also dyes his hair.
Peter Strzok’s cousin, perhaps?
God has blessed President Trump with so many “perfect” villains. Each one of them is uniquely vile and “indelible in my hippocampus” memorable.
Or as President Trump might say, each one of his villains is so perfect its as if the came “straight out of Central Casting”.
they’re gone past the Red Queen stage in Alice et al.
TRUTH!
it needs a good hard gutting. by nature democrats are corrupt and are incapable of setting aside their biases to perform non partisan duties.
I’m not buying any of this.
Because: “Article 2.” And, a plentitude of already-settled Supreme Court decisions regarding it.
Congress created the Presidential Records Act to clarify the proper and expected handling of what it called “Presidential Records.” But: “Congress is Article 1.” And every Judge is: “Article 3.”
We already damned well know what will happen, if “Lawfare” gets its way. From the very first day in office, until “1461 days later,” every single one of the several thousand “Grand Juries” in every County in this Country will … every single day … hand down a brand-new “criminal indictment.” And probably, try the President in absentia. Then, finally, at 12:01 PM, the President will be seized and escorted to a prison cell which uniquely features a tomb. He will face at least 5,000 years.
And … this country will instantly “run out of Presidential candidates.”
Judge Cannon knows perfectly well that any decision that she makes will instantly be “appealed,” and she is quite rightly covering her bases. She is forcing the participants to state their positions clearly, so that they will not be conflated with whatever may be hers. “Smart Girl.”
Good call Mike.
That is exactly the way I have been thinking.
Give them the rope, and let them play….
She’s playing chess while others play checkers.
They’ve never had an Honest Judge before now, and it scares them.
A few years back, think it was said here on TCH, the Administrative State has self-actualized, in other words – it’s alive!
And It believes it is the rightful decision maker over all those in the legislative, judicial and executive branches. Think it even gave itself a name – calling itself the Interagency.
Science Fiction writers got close when they created the thing called The Borg and Elon and all those A I folk are well on their way of creating just that sort of thing!
It was on vivid display with all the idiots the DIMs trotted out for Ukrainian Quid Pro Quo Impeachment Scam #1.
They clearly were under the understanding that they ruled and not the President, for some reason. It was pitiful to watch how much they thought of themselves, their opinions, and those of their beach friends.
I’m most reminded of David Weber’s “Honor Harrington” SF series where he describes the Earth’s future government in details that perfectly describe the deep state bureaucracy as the real power behind the so-called elected puffins …or better yet, Ayn Rand’s precise description of the government as “moochers and looters” in “The Fountainhead”
Maybe they should call it “Colossus”. Only treepers past a certain age will get it.
How does Congress pass a law to limit the power and authority of the President given to him by the Constitution?
CJ, Congress was not involved. Their whole justification (the three corrupt amigos- Smith, Weissman, Eisen) was based on Executive Order 13526 which they claim supersedes the Presidential Records Act.
Who signed Executive Order 13526? Barack Obama.
Hope everyone had a great Easter!
As Thomas Sowell once said, 95% of what Congress does is unconstitutional.
Hopefully, the trial can be delayed until well after the election!
She trapped them.
The Eisen response, quoted by Sundance, appears to be from the original piece, published at CNN Opinion.
There, I summed it up for you.
They should have waited for future Florida Judge Andrew Gillum to be appointed by F. Joe Mugabe to oversee the case.
2 points for mention of the drug addict and the dictator.
Good job!
or Judge Brenda Snipes!
Nicole Wallace is big mad too. So is all her crew. Spittin’!
Nicole, if you think you are right and this judge is wrong,
then it can be appealed all the way to the SC by the prosecution!
But then that’s why you are big mad, you know the SC will rule
in Trump’s favor.
She still on set tossing her script on the floor and declaring she is sick and tired of our insanity?
Is she any relation to Mike Wallace?
What is it with all these news casters and nepotism? There are three or 4 on air, right ?
It’s amazing to me how special and important she thinks she is.
Ain’t that just so sad.
As if any of them care a whit about actual “national security.”
“There is no entity, organization, assembly, institution, person or individual, above the President of the United States. The president holds absolute power and absolute immunity. Everyone within the executive branch works at the pleasure of the president, and all work products are created for his administration. This is the plenary power of the president.”
JMO.
It follows, as President, aka The Executive Branch, based on his oath, he cannot associate with, nor defend, any “written law that is unconstitutional.”
The oath is found in Article II of the Constitution. It contains 35 words and goes as follows:
“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”
As such, in the Executive Branch, it doesn’t require of him to do the same for the unconstitutional administrative-state’s departments, personnel, rules, acts, declarations, interpretations, agreements, and even some laws that the un-American globalists have enacted over the past century, slowly eroding the freedoms and rights of the American citizens and states defined in the “original Constitution and the legally approved amendments.”
That is the crux of the proposed “2024 Constitutional Republic Mandate.”
“Let’s go Brandon and the democrats and the GOPe!”
What a country!
“,…This can not possibly apply to highly classifued battle plans, nuclear secrets and other official documents at issue.”
But hold it, the prosecution has put up road blocks to the Judge, the Defendent, his lawyers or the jury actually SEEING these “Highly Classified Documents” so how does the author know what they contain?
Unless HE is privvy to such info, he should have thrown an alleged in there.
And the “nuclear Secrets” are ALLEGED to be personal communications between PDJT and Kim il Sung, and not at all what they are painted to sound like.
I have said all along THIS case is potentially the most dangerous for the deep State (which is why I believe they put in an emergency rip cord they could use to drop it, if it becomes counter-productive. i.e. Smiths ‘illegal’ appointment is the rip cord.
The danger is having a ruling in the case, which clearly and unequivocally affirms what Sundance says in his first couple of paragraphs.
To have this confirmed (that the POTUS IS the CIC, and no one tells him what he can/can’t do, regarding National Security, just before he reenters the WH would be their WORST NIGHTMARE.
Hence, I suspect if they see that happening, they will pull the ripcord.
It is also dangerous for this reason.
First, they already have any and all documents. They only want President Trump’s copies.
Why?
Because THOSE ARE THE DOCUMENTS THAT PROVE THEIR OWN MASSIVE AND SEDITIOUS GUILT, NOT PRESIDENT TRUMP’S.
OBAMA’s EO 13526
Sec. 1.7. Classification Prohibitions and Limitations.
(a) In no case shall information be classified, continue to be maintained as classified, or fail to be declassified in order to:
(1) conceal violations of law, inefficiency, or administrative error;
(2) prevent embarrassment to a person, organization, or agency;
And So On.
An Obama Executive Order is inferior to a statute passed by both houses of Congress and signed by a president.
That in turn is inferior to the Constitution.
Jack Smith claims it is the reverse order.
Well, it WAS one of Obama’s!
That EO ties in with the Espionage Act, which is the statute Smith is using. Unfortunately for Smith, that same EO exempts the President from DECLASSIFICATION REVIEW, which means the President can declassify at will. So, if the documents with classification markings on them were declassified by a Presidential Memorandum before Trump left office, they are no longer subject to the Espionage Act unless they are National Defense Information, but no one in the DOJ mentioned that class of documents when issuing the grand jury subpoena. They only asked for documents with classification markings. I STILL wonder how they can punish anyone for not giving those to the DOJ people when those DOJ people DID NOT ASK FOR THEM.
No coins from Meatball Mill Bitchell?
Kudos!!!
I read somewhere recently that what they were really looking for in the infamous raid was something they expected would incriminate obie.
He was in it up to his jug-ears.
Most of our highly classifued battle plans, nuclear secrets Smith is talking about are on Wikipedia!
All our Pearl Harbor Sneak Attacks today are by our own Occupation Government on the People.
So was Pearl Harbor itself, frankly, inasmuch as it was deliberately provoked and willfully allowed to happen.
Unless PDJT held a seance, his personal correspondence was with Kim Jong -un not his long deceased grandfather.
Norm Eisen, Color Revolutionary everywhere but here. Until now.
Consigliere, one and all! The GodFather Must Rule Forever!
“But, as Smith noted, this approach has no basis in law –”
Since when has Smith or any of his fellow DOJ Berians ever been concerned about the law?
His protestation is absurd on its face, knowing what is going on here.
And as long as we are speaking about the law Smith pretends to revere, isn’t there some hanging question about the propriety of his appointment as a special prosecutor?
I hope Judge Cannon can see through this monstrous charlatan and his foul game…
And puts an end to this whole charade in short order.
Do you really think she will really put an end to the Lawfare charade?
I have absolutely no idea.
She’s slapped Smith down several times already.
Praying that her better angels will help her deliver a righteous ruling for what is obviously a political hit job.
Well put!
On page 17 0f the Ed Meese Amicus Brief:
“A reading of § 533 to create essentially unlimited inferior officer appointment power in the Attorney General wreaks havoc on this structure. It would allow the Attorney General to appoint an entire shadow DOJ to replace the functions of every statutorily specified officer.”
Jack Smith’s appointment is fictious, an extra constitutional spawn of the Surveillance State—as was the Weissmann/Mueller ‘Specious’ Counsel.
AG Ed Meese Files Amicus With SCOTUS, Arguing Special Counsel Jack Smith Was
Illegally-Appointed – One America News Network (oann.com)
👍🏻 👍🏻 👍🏻
I appreciate the confirmation, John.
They keep pushing those boundaries. And we know why.
Constitutional red lines have been breached and breached again, and no one has ever been “held to account” (an admittedly now trite and empty phrase).
Heck, Smith’s appointment to prosecute this case has no basis in law. Who is he to point fingers?
Someone under orders.
Norm Eisen’s argument is that only Norm Eisen gets to decide what a President’s “personal” documents are.
The State.
Their concept of god.
The State is above all.
An interesting commentary (3-19-2024) about Judge Cannon’s order:
https://www.coffeeandcovid.com/p/odors-and-opportunities-tuesday-march
[https://s.w.org/images/core/emoji/15.0.3/svg/1f525.svg The judge in the South Florida Mar-a-Lago raid case, Judge Aileen Cannon, entered a very interesting two-page order yesterday. Online Trump Derangement Syndrome sufferers immediately decided the order was so strategically helpful to Trump that Judge Cannon must be secretly getting help from someone smarter than she is…
If you read the short order, you wouldn’t make heads or tails of it. You certainly wouldn’t understand all the liberal angst. In a few paragraphs, Judge Cannon simply proposed two dense jury instructions about the President’s authority under the Presidential Records Act, and asked the lawyers to propose alternative instructions if they don’t like hers. She also asked them to identify what, exactly, the jurors are supposed to decide on those two issues.
https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.407.0.pdf
Asking parties to prepare jury instructions is unremarkable. In every jury trial, the instructions always come from the parties. Both sides propose instructions, try to work out any differences, and if they can’t agree the judge decides whose instruction wins. Or the judge can draft their own instruction. (Judges would rather use mutually-agreed instructions because it eliminates appeals over jury instruction wording.)
That said, asking for two specific instructions, and proposing the language first, is not common. So people are right to conclude the judge is up to something.
Courtwatcher Julie Kelly thinks Judge Cannon is trying to build an airtight case for dismissal. As it happens, Judge Cannon is currently considering a Trump motion to dismiss his case for “selective and vindictive prosecution.” That motion argues that it’s unconstitutional to prosecute Trump since Biden did the same thing (or worse) and isn’t being prosecuted by DOJ.
Judge Cannon is still thinking about it.
This latest order focuses on some difficult language in the Presidential Records Act. It’s not perfectly clear what is the difference between documents that are “personal” and documents that are “presidential,” including who decides which documents are the President’s “personal” documents versus which ones are considered “presidential.”
Does the President decide? If not the President, then who? Who has more authority than the President? Santa Claus? A divine being? David Copperfield? Is a seance involved?
Julie Kelly thinks the judge forcing the government to take a position on what that PRA language means, so that she can turn around and hang them with their own words. Simply put, it looks like Judge Cannon is setting them up for something.
I have a general rule to be 1,000 times more cautious whenever a judge asks me to concede something. Especially if the judge seems like he’s trying to be innocently helpful. For instance, the judge might ask, “Mr. Childers, would you concede the sky is colored blue?” That’s a red flag. Usually judges ask for concessions to set lawyers up, so later they can’t appeal the judge’s decision. After all, they conceded. So I’m likely to answer with something like, “well your honor, sometimes the sky has clouds in it, which are white. Plus, the sun is yellow. So, no, I can’t concede the sky is blue.”
Something like this must be what Julie Kelly senses. Judge Cannon’s request for the government to draft two jury instructions feels like a way to get them to concede something, to set them up, to make the government take a position that Judge Cannon can then rule on somehow, based on their own words.
It sure seems like more good news. Certainly, both the Fani Willis case and this Mar-a-Lago Raid case now seem heading in the right direction, with smart, reliable judges at the helm. Only Judge Engoran’s case still feels out of control, and of the three, Engoran’s is the least problematic case for Trump, since it’s only about money and has no chance of jail.]–Jeff Childers, attorney
See more:
https://www.coffeeandcovid.com/p/odors-and-opportunities-tuesday-march
well worth reading Jeff’s substack… always informed imo
Eisen speaks directly out of his *ss. He is the deceptive, silver-tongued Devil in disguise. To wit:
“Cannon seems to think that the PRA [which was deliberated and debated by both houses of Congress and signed by the then President, a process involving more than 500 nationally, democratically-elected people] somehow supersedes the executive order [that I helped to write]…. It does not.”
Narcissist much, Eisen?
“On the contrary, the PRA’s [definition of] “personal records” …. cannot possibly include highly classified battle plans [that under the PRA Trump had an absolute right to declassify under the PRA’s explicit terms, and take with him when he left office], nuclear secrets [that the entire world already knows about], and the other official documents at issue in this criminal prosecution [that I and my Lawfare colleagues have declared to be “official”, and illegal to possess, notwithstanding the PRA].”
Is this man insane? Does he think he can blow this utter despicable nonsense up the judge’s xxx, uh, nose?
I pray that the forces of good will one day banish this disgusting man into a living hell filled with shame, mockery, disgrace and humiliation.
+ sulfur and eternal fire.
It’s almost comical, watching jack smith and his ultra corrupt lawfare buddies, losing their minds over Judge Cannon. Every case old jack prosecutes, is a fabricated fantasy. No substance, all fiction.
Lois Lerner got the blame, but the Tea Party Targeting was Smith’s big idea.
#NazisGon’Naz
“Cannon seems to think the PRA (Presidential Records Act) somehow supersedes the executive order . . .”
Executive Orders are not law, Acts means they are laws. Crazy, this man Smith is a lawyer?
“. . . and the rest of federal law pertaining to the handling of classified materials.”
Pretty sure that is a Lawfare twisting of how things work – the President is The Executive Branch and is the decider-in-chief when it comes to handling ALL classified materials.
If Judge Cannon dismisses the case, saying that there is no case to be had because a previous court ruled that it is the President who has sole decision making regarding classified material, that will then allow Mr. Smith the opportunity to appeal that to the full Circuit court which may be full of TDS-Judges.
It is my understanding that Mr. Eisen and one Mr. Elias in particular may want to start figuring out their escape out of the US and which Country doesn’t have an extradition treaty with the United States because the Trump 47 Justice Department has BIG PLANS for them!!!😵💫
They have dual citizenship to a little country in the Middle East but it might not be the safe sanctuary it once was. Neither is Ukraine safe but there’s always Argentina!
Team Evil may need to find a sanctuary country where they can hide from PDJT.
fortunately “there’s always Argentina .
Unfortunately for Team Evil, Argentina is “MAGA Country” now.
Gee, I wonder what country that would be?
Just because a country doesn’t have an extradition treaty with the US doesn’t mean they can’t throw out any undesirable whenever they want. And it would be a pretty rotten country who’d consider that group of shysters “desirable”.
Executive orders are management tools for executing statutory powers. The idea that an executive order supersedes a statute in the hierarchy of authority is nonsense.
Or that a statute supersedes the Constitution.
“Oh yeah, they were the boxes that were in the indictment. White bankers boxes.”
I’m sorry, but everyone has white bankers boxes. They are universal, standard, used for all kinds of things. Like in court cases, and courts of law, and banking, and business in general.
Who says they even belonged to President Trump?
This kid is an idiot. He seems severely lacking in elemental business operations and practices. A simpleton in a suit. The perfect patsy for the DIMs.
BTW, I would tear him up on the stand in 60 seconds.
Maybe he should have had a file server in the bathroom that he could wipe with a cloth.. So what difference does it make no one died on his watch due to his policies
All of this hot air while Smith’s appointment was not even legal!
By my reading (Julie Kelly’s reporting) Judge Canon is following the letter of the law and forcing Smith to justify his charges. She is breaking it down into the basic arguments that should be proven. That’s why they are so mad. She’s also justifying herself for any future appeals.
Additionally, as long as she doesn’t actually make a ruling, Team Evil has no grounds for an appeal which is what they want so she loses control of the case.
Hence some of the rage and seethe. They counted on her being dumb cuz she’s young. They’re beginning to realize she’s not.
Remember, the women in the District Court Clerk’s Office assigning judges “RANDOMLY” are the very same women taking the suitcases full of ballots from under the tablecloths and running them through the ballot counters multiple times!
If you think that district court clerk’s offices in Democrat cities are any different than the election’s offices you haven’t been paying attention.
While still in the White House, Trump told Kash Patel to declassify everything the President eventually took to Mar-a-Lago.
How dare the judge treat us like Republicans?
Or humans that actually have brains. Judge Aileen is rocking my world in a very good way. Not so much for anyone else. Jack Smith’s next ploy will be to shave his beard and his head, and show up in court with a can of gasoline and set himself on fire.on the TV. He will FINALLY BE FAMOUSE for SOMETHING.
Do not forget the orange robes. It figures that Smith couldn’t do something original. 😄
Its way past time for SCOTUS to put an end to this insanity. Jack Smith has already admitted Trump was POTUS when the documents were taken, Trump was POTUS on January 6th so there goes Smith’s DC case and if SCOTUS makes the right decision about Trump’s presidential immunity it will also put an end to Fani’s case in Fulton county Georgia.
That leaves one, the so called Bragg Hush money case, the weakest case of them all. By all rights the case should be thrown out but we have another TDS suffering judge in charge and it looks like Trump will have to wait for a victory when it gets to appeal.
Of course there are no victories in this mess, the process is the punishment but man I am sure growing sick and tired reading about all of this.
imagine PAYING for all this BS
Navy v. Egan (Supreme Court 1988)
“The president, after all, is the ‘Commander in Chief of the Army and Navy of the United States’” according to Article II of the Constitution, the court’s majority wrote. “His authority to classify and control access to information bearing on national security … flows primarily from this constitutional investment of power in the president, and exists quite apart from any explicit congressional grant.”
The definition of Presidential records in PRA excludes “extra copies of documents produced only for convenience of reference, when such copies are clearly so identified.” 44 U.S.C. 2201(2)(B). President Trump had only copies of documents. NARA had no right to ask for them back.
By sending 15 boxes of documents and “other stuff” to NARA after being one year out of office, that argument loses its power. Sending the boxes changes the whole thing since that is tantamount to an admission that Trump had paper that belonged with NARA. Since Trump did not know what was in those boxes, including the documents with classification markings on them, the shipping of the boxes to NARA, which informed the DOJ about the marked documents at Mar-a-Lago, was the action that kicked off the entire criminal investigation and subsequent indictment. Invite NARA to come to Florida and look through the boxes, I think he avoids all of it, OR if he had looked for what all he had in the boxes months before, and reported the documents as being there to the FBI for them to pick up, I think he escapes with not even a fine. This is because most of them were in the locked storeroom and not shipped to universities, Chinatown somewhere, or sitting in an open, rotting cardboard box in a garage somewhere.
Just looking at Smith’s face he has this demonic appearance. Does anyone else agree?
Actually, the PRA states that the President decides what is a “Presidential Record” and what is not, like Clinton keeping those tapes in his sock drawer. The National Archives has to wait until after the Administration leaves office, and if the Archivist believes the former President has some documents, such as the Kim Jung Un letter to Trump, then the Archivist can make inquiries of the former President and attempt to obtain the record for the archives. The Archivist can also decide to NOT pursue records that the Archivist believes is a “Presidential Record, which means should be in the National Archives. That was the decision about the Clinton Sock Drawer case. The Archives chose to NOT pursue the tapes, and declared them to be Clinton’s property. This was Judge Amy Berman Jackson’s ruling dismissing the case of JUDICIAL WATCH v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION:
“The Court will grant the motion to dismiss pursuant to Rule 12(b)(1) because plaintiff’s claim is not redressable. NARA does not have the authority to designate materials as ‘Presidential records,’ NARA does not have the tapes in question, and NARA lacks any right, duty, or means to seize control of them. In other words, there has been no showing that a remedy would be available to redress plaintiff’s alleged injury even if the Court agreed with plaintiff’s characterization of the materials. Since plaintiff is completely unable to identify anything the Court could order the agency to do that the agency has any power, much less, a mandatory duty, to do, the case must be dismissed.”
Smith’s case is about the Espionage Act. There are interesting aspects about the matter, which I mostly discussed in Twitter (now “X”) and include:
Trump voluntarily gave NARA 15 boxes of “stuff” which Trump assumed were some kind of records or documents. Trump, and his attorneys at that time, have stated Trump did not look through any of those boxes, and had no idea what was in any of them. It turned out that all the boxes were a confused mess of documents, newspapers, newspaper clippings, magazines, articles of clothing, souvenirs, and other items which JAY BRATT, head of the National Security Division of the Department of Justice, described as “DEBRIS.” Fourteen of the boxes (14) contained some documents with classification markings of varied levels of security. Given the statements of the attorneys that Trump had no knowledge of what was in the boxes and that the very fact that the documents with classification markings were discovered as a result of Trump having the boxes sent to NARA, which exposed him to legal liability, Trump did not know those marked documents were in those 14 boxes.If Trump did not know he possessed those documents, he could not have thought of declassifying them. No one can declassify any document that they do not know they possess.Trump, by sending the boxes to NARA is making the statement that some of the things in those boxes just might be these “Presidential Records,” and that NARA should have them.Following the shipment of the boxes to NARA, the DOJ and FBI were informed by the Archivist that the documents with classification markings were in the boxes sent to NARA by Trump. This is what started the “Documents Case” under the Espionage Act. Espionage Act counts are the only counts directly involving the records. The Obstruction charges were added on later involving some bizarre “shell game” in which boxes were shuttled around the Mar-a-Lago estate to hide them from Trump’s own attorneys and the federal authorities.The only documents requested in the Grand Jury Subpoena, issued by Jay Bratt prior to Smith taking over the prosecution, were for documents WITH CLASSFICATION MARKINGS, not for any documents not having classification markings, yet one count in the Smith indictment is about an UNMARKED document. The subpoena included a short tutorial about how to recognize classification markings. If you do not ask for something, there isn’t much use in punishing the person that does not give you hat for which you did not ask.Some DOJ or FBI individual provided advice to Trump and his attorneys about how to better secure the storage room where the boxes were located at Mar-a-Lago. Trump and his attorneys were told to install an additional lock. This was also ill-advised as such advice can be interpreted to mean that adding the lock would elevate that storage room to a place where such classified documents could be stored. It would have made more sense to reactivate the SCIF at Mar-a-Lago, since that would be what it would take to store Sensitive Compartmented Information (SCI), or Special Access Program Intelligence (SAP). More complete information should have been provided.The presence of any SCI or SAP documents among those at Mar-a-Lago indicate the SCIF rules were violated at the White House, but this is not the first time SCI was printed out and removed from a SCIF. Biden did it. Hillary Clinton did it at the State Department. This is a common thing in DC, apparently, and if this information is that critical the matter of how SCI/SAP is handled should be addressed and resolved. How many other Administrations and people on Capitol Hill have handled such documents in this manner over all of these decades, and how much damage have they done?
An excellent explanation!
Sorry about what happened to create that overly long paragraph. It looked different when I hit Send.
You seem to imply that by sending materials to NARA that had classified markings means Trump admitted to having classified documents. And that those documents could, therefore, be considered as never declassified. Am I understanding your allegations correctly?
No, since he did not know there were classified documents in some of those boxes that was not what I meant. If someone says a piece of property is theirs, and, at first, you disagree, but then you send him the property, you are saying the property belongs to the other person.
“The most terrifying force of death comes from the hands of Men who wanted to be left Alone.
They try, so very hard, to mind their own business and provide for themselves and those they love. They resist every impulse to fight back, knowing the forced and permanent change of life that will come from it. They know that the moment they fight back, their lives as they have lived them, are over.
The moment the Men who wanted to be left alone are forced to fight back, it is a form of suicide. They are literally killing off who they used to be.
Which is why, when forced to take up violence, these Men who wanted to be left alone, fight with unholy vengeance against those who murdered their former lives. They fight with raw hate, and a drive that cannot be fathomed by those who are merely play-acting at politics and terror.
TRUE TERROR will arrive at these people’s door, and they will cry, scream, and beg for mercy…
but it will fall upon the deaf ears…
of the Men who just wanted to be left alone.”
Is a rule the same as a law?
Is an Executive Order a law?
Is it Constitutional to consider an Executive Order a Law, given the very clear Separation of Powers, given that only the Legislative Branch was granted the authority to make laws?
Does a judge’s opinion on the Separation of Powers matter, or is what is explicitly in the text of the document, the Constitution, the ultimate arbiter?
Given that the Constitution is the supreme law of the land, what is the ultimate authority?
“A different set of LAWS govern the classification process and the RULES for handling highly sensitive classified documents — not the PRA. They include Executive Order 13526. One of the authors of this column (Eisen) helped write that executive order. The 11th Circuit has already established that those rules fully apply to former presidents.
Cannon seems to think that the PRA somehow supersedes the ???executive order??? and the rest of federal ???law??? pertaining to the handling of classified materials.”
Any documents removed from the White House by the President of the United States are automatically “declassified” whether he removed them intentionally or not (Clinton sock draw case!).
Looking forward to the Lawfare SC ordered by Trump. Put Eastman on it, he will get to the bottom of it and enter the case in the redist of red states.
I hope we’re all taking notes…
Never forget. Never forgive.
Was Andy the guy who had 90% of his “convictions” in the Enron cases overturned by the SCOTUS because he/she /it reportedly hid exculpatory evidence??? What does little andy and his/her/its associates have to say about the records in joe’s garage??? IMESHO, Judge Cannon is doing an excellent argument that has shown the “special counsel” and his/her/its fellows haven’t really established a sufficient argument for their/them/its persecution.
“Cannon seems to think that the PRA somehow supersedes the executive order”
Well duh!
Teacher, teacher you can’t do that because we wrote this rule that you signed…………….
Such whiny little people who never learned the basics that good rules serve and protect them also and that good rules apply to everyone no exemptions for narcissists.
It’s always a good day when those three are mad.
Remember that guy Clinton? Remember the sock drawer?
Milley drew up battle plans for Iran and tried to pass them off as something Trump requested – which he did not. Milley went public and said Trump was a psychotic, dangerous, out of control threat with nuclear weapons because he decided on his own to attack Iran.
That is the way I see it. It was a trap that trapped the trap setter.
That, and the 10 inch binder that was returned and then hidden by the lenders.
Doesn’t this explanation entrap Biden more?
Hur made it clear in his charging statement in his report that he would have charged Biden if:
They are freaking that if the proper definition is used, then Smith’s case is “F*d” – well, idiot Smith, then your case was “F*d” from the beginning, with zero merit, and you never should have filed it.
Wasn’t it determined 20 years ago that a POTUS could declare whatever docs he pleased to be personal papers when Judicial Watch wanted Clinton’s “sock drawer tapes”? So now even jurisprudence goes out the window when Trump is involved?
November 5 / 24
Cannot come fast enough.
I’m afraid we will not overcome the election fraud “machine” that Joe Biden is so proud of.
Why be afraid. It that happens then a more resolute people shall come forth
‘Endeavor to persevere….’
Sort of like last time?
No, they won’t, US citizens are too fat, too comfy, and don’t know a thing about their rights any longer. They will take it like “God’s people” did in the late ’30s and ’40s.
Isn’t that what King George said?
Someone once said,
“all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security”
Hopefully, we all, as Americans, will realize, (before it’s too late), that we are not being represented but……abused!!!!
From observances, those college educated individuals are more inclined to believe MSM “news”. Those having HS education or trade schools (associates of applied science) are inclined to discredit MSM.
Personally, I have been a life long learning going back to school on avg 6 years after each degree, being “educated” those in positions of authority pass over my qualifications. I can say from my experiences and observations, educated individuals do not like their world view disrupted and will pass over those that do question conventional wisdom
Omega4America can help, IF they get a fair chance at helping. If you know some big people in your state and want a fair election in your state, get the Omega4America team in there NOW.
Suggest you ask the good citizens of a small town in Tennessee what they did to an equally corrupt political machine that resorted to violence to maintain power after WW2.
I agree.
Yup, everytime I hear anyone explain how we’re going to ballet harvest/overwhelm the left, I ask one simple question, “are you willing to cheat?”. Just like the idea of using violence, the answer is always “no”.
Prepare to witness a historical victory whittled away over months before your eyes. There’s a solution but it’s forbidden to speak of such things.
Officers cannot face trial until a court has a hearing to remove the officers qualified immunity. When did trump as the chief law enforcement officer of the USA have this hearing? Cannons court can’t let a jury decide a case when there is no case because immunity that even a rookie cop has must be removed first. This must be considered even before presidential immunity is considered. Trump lawyers not arguing this is a mistake. How do low level prosecutors, public defenders and civil litigators know this, but these high profile lawyers not make this argument?
I suspect that they will let him technically win this time but, probably after a guilty verdict is rendered soon after the election, a huge push will succeed in getting Electors to switch in December and/or if necessary some State results will get sent back to the States on Jan 6th using the procedures that were conveniently interrupted on Jan 6 2021 by the false flag ‘insurrection’.
Do you truly feel an election can correct this mess? Could a national emergency be declared and the election be withheld from the American people? Our Constitution has been thrown to the wind, and the scale of corrupt judges speakers volumes.
Nothing would surprise me at this point unfortunately.
all this lawfare crap was happening in 2017 as well
No, 2024 will not occur.
Don’t count on an election being held, most definitely not anything remotely like a ‘normal’ election.
We’re up against genuinely evil people.