CSPAN callers respond to President Trump’s indictment. Americans can see what is happening, listen:
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First, the good news. The judge assigned to the Trump documents case is U.S. District Court Judge Aileen Cannon. She is the same judge who handled the lawsuit last year after the FBI raided Trump’s Mar-a-Lago estate. Judge Cannon was the judge who appointed the “special master” to review the documents the DOJ was claiming were classified, but Team Trump was contending that definition.
Now the bad news. The DOJ is no longer legally arguing that Donald Trump held any classified documents at Mar-a-Lago. The DOJ is arguing that President Trump held documents vital to U.S. defense security. It’s a farce but that’s their position. The classification status of documents is moot, nonexistent, except to create the predicate for the proverbial FBI nose under the tent.
The DOJ-NSD (that’s Lisa Monaco) got a warrant to look for classified documents, but never intended to use classified documents as a case cornerstone because President Trump had full declassification authority. The DOJ got a search warrant by convincing a judge they were looking for something that wasn’t even a violation of law. That’s why the DOJ would not reveal the probable cause affidavit. The search was built upon a fraudulent pretense. “Classified” is a snipe hunt.
In the Trump indictment the DOJ is not, repeat NOT, arguing a classified documents case. The entire legal framework is centered around documents they define as vital to the defense security of the United States. EVERYTHING is predicated on this 18 U.S. Code § 793(e) violation:
18 U.S. Code § 793 (e) Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it.
According to the Trump indictment, COUNT #7 – page 29, a document “concerning communication with the leader of a foreign country” is considered a document in violation of US Code 793, vital to national defense interests.
Do you want a historic example of this exact U.S. Code § 793(e) violation taking place?
Whose hands are those? [SOURCE]
I would strongly urge people, especially those who walk the deep weeds, to READ THE INDICTMENT carefully, before watching the remarks by special counsel Jack Smith as delivered today. What you will notice is that 31 of the 37 counts alleged in the indictment are individual counts, one per document, specific to Statute 793(e) which pertains to defense department information.
There were, as claimed in the justice department prior court arguments, and again affirmed today in the indictment itself, 100 classified documents located by the FBI and DOJ after the Trump certification of compliance. Of those 100 documents, 31 of them were specifically selected to represent the baseline for the 793(e) charge. Listen to Smith emphasize Defense and Defense Intelligence, and soon you will see why. WATCH:
Jack Smith is relying on 18 U.S. Code 793, a law created in 1948 intended to stop contractors to the Defense Dept from stealing, selling, or copying U.S. defense system secrets, or patents on defense products. [READ THE LAW] The premise of 31-counts [each an individual document] pertain to “National Defense Security.” The subsequent six counts are predicated around the claimed 793(e) violations.
The DOJ is not, repeat NOT, arguing a classified documents case. The entire legal framework is centered around documents they define as vital to the defense security of the United States. EVERYTHING is predicated on this 18 U.S. Code § 793(e) violation:
18 U.S. Code § 793 (e) Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it.
Despite the verbose language in the indictment, a key element of Lawfare, the case is weak. The prosecutors know it. I will explain.
I am deep in the weeds and assembling notes for outlines to be delivered in the next several articles. However, that said, perhaps the only time Mark Levin’s shouting was tolerable was last night as he responded to the indictment of President Trump. WATCH:
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In a good segment of encapsulation, Newsmax host Greg Kelly does a great job outlining how the National Archives and Record Administration (NARA) created a double-standard specifically to target President Donald Trump after he left office. {Direct Rumble Link}
Kelly highlights remarks by former Trump attorney Timothy Parlatore who was responsible for trying to reconcile the issues that NARA had created. I’ve also included further context with video segments from Tim Parlatore below. WATCH:
Additional information from Parlatore is below.
On June 2nd former Mueller special counsel and impeachment operative, Andrew Weissmann and Norm Eisen respectively, published their current Trump prosecution memo [Read Here] using a novel and arcane interpretation of US Code 793. Four days later media began reporting from leaks within the Jack Smith special counsel of the main legal approach they were going to use against President Trump [citation]. What approach is Jack Smith taking, US Code 793! This is not coincidental.
[Weissmann to DOJ Prosecution Memo, page 36 – pdf]
Andrew Weissmann and Norm Eisen wrote this memo last week. Special Counsel Jack Smith is using it now.
At the time the 186-page Weissmann & Eisen guidance was completed, CTH drew attention to it [HERE] because we track the way the Lawfare operatives work.
In addition to protecting the interests of corrupt former Obama officials, organizing, supporting and coordinating with the Lawfare network is the purpose for Deputy AG Lisa Monaco to exist in current Main Justice operations.
Special Counsel Jack Smith is a tool, vessel and willing participant in one long Lawfare continuum that originates back in the Obama administration when they weaponized the DOJ to target their political opposition. Andrew Weissmann writing the guidelines for Jack Smith to deploy is simply a visible example of how this operation is being conducted.
Do you remember the prosecution “Witness #8” in the case against George Zimmerman? The person described as Trayvon Martin’s “girlfriend” who was claimed by FOUR state prosecutors to be the star “ear witness” against Zimmerman.
Do you remember how we waited month after month, laughing at how the State of Florida was relying upon their one key witness, and we all knew it was totally made up?
Do you remember the buildup, the drama, the media’s breathless anticipation, and the eventual beverage that flushed out of your nose in laughter when the State called Witness #8, and brought Rachel Jeantel to the stand?
Not only did she have no clue about any detail the prosecution was saying, she didn’t fit any of the profile that was claimed to be her importance in the case. And… not only could she not read the statement the State of Florida claimed she wrote (she didn’t), Jeantel didn’t even know Trayvon Martin. She was completely manufactured by the prosecution because her mom was a friend of Trayvon’s mom. Everyone wondered how the hell the prosecution could even put her on the stand. Remember that?
The reason they put her on the stand was because the prosecution and Trayvon’s family had no choice. For over a year, they had hyped up this imaginary “ear witness” in an effort to convince Zimmerman to take a plea deal. That was the purpose of the fabrication, and when George Zimmerman didn’t take the plea – when he forced the prosecution to put Witness #8 on the stand – the case collapsed, because the case was manufactured.
When people ask me about the DOJ and/or Jack Smith bringing an indictment against President Trump, in many ways I laugh while waiting for the DOJ to bring a proverbial Jeantel to the court. The DOJ has to indict Trump for the same reason Angela Corey had to put Jeantel on the stand. Their political narrative cases have to continue regardless of the evidence. Lawfare is a construct for media consumption intended to manipulate public opinion.
Last year, CTH outlined a four-part series of articles going deep into the background of the DOJ-FBI raid of President Trump’s Mar-a-Lago estate, along with the outline into why it was important to them. It doesn’t matter how many different legal angles and Deep State justifications the DOJ attempts to deploy in order to divert away from what took place; the background of who, what, when and why they raided Mar-a-Lago will not change.
In Part One, we outlined the background of the modern Deep State {Go Deep}. In Part Two we outlined the specifics of how President Trump was targeted by political operatives using tools created by the DC system {Go Deep}. In Part Three we outlined how and why President Trump was blocked from releasing documents {Go Deep}. And then finally, as below in Part 4, we assembled the specifics of what documents likely existed in Mar-a-Lago.
It is important to remember, the Presidential Records Act –the presented pretext for the document conflict– is not a criminal statute. An FBI raid cannot be predicated on a document conflict between the National Archives and a former president.
The DOJ-NSD warrant, and the subsequent raid on Mar-a-Lago can only be related to records the U.S. government deems “classified” and material vital to national security interests. Hence, DOJ National Security Division involvement.
In prior outlines, we have exhaustively covered the details of President Trump’s desire to publicly release information about DOJ and FBI conduct in their targeting of him during the fabricated Trump-Russia claims. However, to understand the nature of the documents he may hold, we first review the declassification memo provided by President Trump to the DOJ upon his departure from office.
Here we go again with the ever-familiar silo defense. The FBI is refusing to hand over the unclassified FD-1023 stating there is an ongoing investigation using the confidential human source who made allegations outlined in the document. Remember, the allegations and the statement record was created in July of 2020, almost three years ago.
Prior to last week, the FBI refused to say the 6-page unclassified document existed. After House Oversight Committee Chairman James Comer told FBI Director Chris Wray he had already seen the unclassified document via a whistleblower, then Comey admitted the FBI indeed had it. Today, the FBI is refusing to release the document, stating it is now captive as part of an “ongoing investigation.” The claimed investigation began July 2020 – the investigation is “ongoing”. Go figure.
James Comer said he will begin the process, this Thursday, to hold FBI Director Christopher Wray in contempt of Congress. WATCH:
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