Think they'll stop at Trump? NOPE. The Communists that control Soros' prosecutors are coming after ALL of us...
JD VANCE: "The fundamental issue here is who controls the documents produced by our Government? Is it the permanent UNELECTED bureaucracy or is it the people's elected President?
If it's not the people's elected President, Article 2 of the Constitution is meaningless and we don't have a real Constitutional Republic. We have an oligarchy controlled by the deep state."
TOM FITTON: “The Communists think that by arresting President Trump they can undo our Constitutional form of government.”
STEPHEN MILLER: “America faces a binary choice. Either the Government belongs to the people and executive power is vested in an elected president (as prescribed in Article II) with final authority over the disposition of government records OR we are governed by an unelected Deep State. It can only be one.”
JULIE KELLY: “Trump’s lawyers started working with NARA in spring 2021 to produce records that the archivist claimed [the Deep State] was entitled to—including personal letters to Trump from Obama and North Korea’s Kim.”
Weissmann (who thinks he runs the DOJ) wrote the indictment and is urging Jack Smith to change the venue of the Trump charges from Florida to New Jersey because he doesn't want a Miami jury.
MIKE DAVIS: Andrew Weissmann is the disgraced former lead prosecutor for the Mueller probe.
The Hillary-funded "Russian-collusion" hoax against Trump.
That became the illegal Crossfire Hurricane federal investigation.
And hobbled Trump's presidency.
("Democracy!")
Weissmann previously worked for Mueller twice, as his senior and general counsel at the FBI.
Weissmann was also a senior appointee of Obama Attorney General Eric Holder.
In 2005, the Supreme Court unanimously overturned Weissmann's conviction of Arthur Andersen.
But long after 9,000 Americans lost their jobs.
(Mere collateral damage for deranged prosecutors, like Weissmann, clawing their way to the top.)
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Jack Smith -- another senior Holder appointee -- is another disgraced former prosecutor.
In 2016, the Supreme Court unanimously overturned Smith's conviction of former Virginia Governor Bob McDonnell, a potential 2016 Republican presidential candidate.
But long after destroying McDonnell and his family's lives.
(Mission accomplished, Jack.)
Smith is now Biden Attorney General Merrick Garland's special counsel who just indicted Trump.
On a bogus legal theory of "espionage."
For a former president having -- and fighting with librarians and other bureaucrats -- over presidential records.
Presidential records a former president is allowed to have under the Presidential Records Act.
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Garland, Smith, and Weissmann pretend Trump's indictment is about protecting America's national security.
(While letting Biden skate after being caught with 5 stashes of stolen classified records as VP and even senator, moved several times, unguarded for years, accessible by their Chinese agent, and potentially (likely) used by Hunter to illegally secure millions in foreign corruption for the Bidens.)
In reality, Trump's indictment is about destroying Trump, personally and politically.
Because Trump declassified his copy of the Crossfire Hurricane records.
That are so damning for Obama, Biden, Hillary, the Obama AG, the Obama FBI, the Obama CIA, and others.
(Maybe even Weissmann himself?)
Hillary illegally weaponized our law-enforcement and intelligence agencies against Trump in 2016, in her unsuccessful attempt to win the presidential election.
That's as corrupt as you can get in a democracy.
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All these bad actors have a lot to lose if Trump actually gets a fair trial.
If he prevails, Trump could make public the declassified Crossfire Hurricane records Biden illegally raided from Trump.
This may be why Weissmann has been screaming like a hysterical little school girl about U.S. District Judge Aileen Cannon.
Trashing and unfairly discrediting Judge Cannon.
Since Biden's raid on Trump last August.
And Judge Cannon just got randomly assigned to Trump's new criminal case.
Weissmann sounds terrified.
Indeed, Weissmann writes, Garland and Jack Smith should also charge Trump in New Jersey:
- as "a backup plan of sorts for Smith."
- to "sidestep" Judge Cannon, if she doesn't rush Trump's highly complex espionage trial before the 2024 presidential election.
- if Garland and Jack Smith don't like Judge Cannon's legal rulings.
So Weissmann just showed his hand.
This prosecution of Trump is obviously political.
There's no wonder Andrew Weissmann and Jack Smith get reversed unanimously by the Supreme Court. For their over-the-top legal antics. But they don't care; the damage is already done.
They are both national disgraces.
MIKE DAVIS: “Jack Smith is the king of bringing indictments against presidential candidates and then getting overturned unanimously by the U.S. Supreme Court, but frankly he doesn’t care…because the whole goal here is to take out a political opponent."
Davis clerked for Gorsuch & worked for Grassley. He knows what he's talking about.
MARK LEVIN: “If the government argues it has authority over the documents, it gets an order from a judge. A civil order. If the order is ignored, it can find civil contempt. It’s done all the time. “Jerking around” the government is not a crime in and of itself. Shockingly stupid.”
WILL SCHARF: “I am a former Assistant U.S. Attorney, worked on two Supreme Court confirmations, and clerked for two federal appellate judges. The indictment and case against President Trump is outrageous and shocking. But let’s get into the details. Here are my 6 key points on the case:
(1) Interplay between the Espionage Act and the Presidential Records Act. A lot of my friends have spoken insightfully about the scope of the Presidential Records Act. Mike Davis & Tom Fitton basically argue the idea that the President’s authority to retain Personal Records, as well as his rights to access his Presidential Records, make it impossible to prosecute him under the Espionage Act section at issue here, § 793(e), because the government cannot prove “unauthorized possession,” as required under the statute.
I want to make a different point relating to the intent elements in § 793(e) of the Espionage Act, the statute Trump is being charged under. Section 793(e) requires the government to prove that the Defendant KNEW he had National Defense Information (NDI) in his possession, and also that the Defendant KNEW that there was a government official entitled to receive the Information, and also that the Defendant then WILLFULLY failed to deliver it to that official.
This is a very high set of mens rea bars to jump, in any circumstance. Proving a Defendant’s intent and knowledge can often be tough. But it’s even tougher here.
The Presidential Records Act sets up a system where the president designates all records that he creates either as Presidential or Personal Records. 44 U.S.C. § 2203(b). A former president is supposed to turn over his Presidential Records to NARA, and he has the right to keep his Personal Records.
Based on the documents I’ve read and his actions that I’ve read about, I believe that Trump viewed his “boxes” as his Personal Records under the PRA. There are statements he made, quoted in the Indictment, that support that view. If Trump considered the contents of these boxes to be of purely personal interest, hence his designation of them as Personal Records, did he knowingly retain NDI?
Did he really think these documents, like years old briefing notes and random maps, jumbled together with his letters, news clippings, scribbled notes, and random miscellaneous items, “could be used to the injury of the United States”? Or did he just think of them as mementos of his time in office, his Personal Records of the four years, akin to a journal or diary? If he thought these boxes were his Personal Records, he may have believed that NARA simply had no right to receive them at all. Meaning that he did not willfully withhold anything from an official he knew had the right to receive them.
Because he didn’t believe that anyone had the right to receive them. By breathlessly bandying around classification levels and markings, the Special Counsel is trying to make this case seem much, much simpler than it is. Classification levels do not automatically make something NDI, and having classified documents in your possession is not enough to convict here.
This is not a matter of [Classified Documents]+[Mar a Lago bathroom]=Conviction. That’s what they want you to think, and that’s the media’s inch deep view, typically, but it’s dead wrong. More than anything, this case hinges on the ability of the Special Counsel to prove *beyond a reasonable doubt* aspects of Trump’s state of mind that will be extremely difficult to prove in this case because of his obligations and rights under the Presidential Records Act. In addition to all of the usual issues.
(2) Classification and National Defense Information I want to reiterate this point because it’s really important: Just because something is classified—even Top Secret, SCI, NOFORN, FISA, pick your alphabet soup—does not mean that it is National Defense Information (NDI) within the meaning of the Espionage Act.
NDI, for the purposes of an Espionage Act § 793(e) prosecution, is defined as one of a long list of items “relating to the national defense which information the possessor had reason to believe could be used to the injury of the United States or to the advantage of any foreign nation.”
A lot of the documents listed in the indictment are older, or seemingly random. Would Trump in 2022 have had reason to know that a 2019 briefing document “related to various foreign countries, with handwritten annotation in black marker” could harm the US or help foreign countries? Tough to say, because we can’t see the documents, but that’s a question the jury is going to have to decide in the end, and Trump’s legal team needs to drive home this point over and over again: Classification is not dispositive in this case. Harm to America or benefit to foreign countries is the standard.
Anyone who has worked around government knows that overclassification is a huge problem. A ton of documents end up being classified because of arcane technical rules that may not reflect the real world. If the president were to ask the Navy what’s for lunch for the next week at Coronado, for example, I’ll bet you the answer comes back with a classification marker on it. Not everything classified constitutes NDI. Focus on the actual legal standards and statutory language, not a bunch of scary looking all caps acronyms.
(3) Walt Nauta and DOJ Misconduct Far and away the most troubling side story to emerge from this saga so far are the allegations made by Trump aide and co-defendant Walt Nauta’s lawyer last week. You may have missed it if you blinked. Not surprisingly, the mainstream media has mostly buried this one.
Nauta’s lawyer, Stanley Woodward alleged in a court filing that during a meeting with prosecutors about his client’s case, the head of the Counterintelligence Section of DOJ’s National Security Division Jay Bratt “suggested Woodward’s judicial application [for a DC Superior Court judgeship] might be considered more favorably if he and his client cooperated against Trump.”
If true, and I find it hard to believe that Woodward just made the whole thing up, this is wild misconduct. Truly wild. It could undermine the entire case against both Trump and Nauta. It could end careers at DOJ if fairly investigated. And a word on Stanley Woodward: I don’t know him, but I know of him. He is a highly accomplished lawyer. Spent a decade at Akin Gump, a top law firm, clerked on the DC Circuit, and has very substantial experience in government investigations. This is not some fly by night TV lawyer. He’s a real deal legal heavyweight, and he’s leveling an extremely serious allegation of misconduct against a senior official at DOJ.
(4) Attorney Client Privilege The indictment relies on a significant amount of information received, in one form or another, from one of Trump’s lawyers, Evan Corcoran, who was compelled to testify in front of the grand jury. According to news reports, the argument for breaching the privilege was the crime fraud exception. Let’s talk a little about it.
The attorney client privilege protects from disclosure to the government confidential communications made between clients and their attorneys. It has been around for centuries, and is considered a core protection in our system of justice.
The crime fraud exception, though, allows the attorney client privilege to be broken in rare circumstances when two requirements are met: First, there needs to be a prima facie showing that the client was engaged in criminal conduct. Second, the client has to have obtained or sought the attorney’s assistance in furthering that crime.
I haven’t seen DOJ’s filings on Corcoran, but I’d be interested to know how they argued this. First of all, what was the crime they used as a predicate? Was it unlawful retention of the documents? If so, there’s nothing in the indictment that I can see indicating that Corcoran’s communications with Trump would have furthered that in a way that would justify breaching privilege. Was it obstruction? I think this is the most likely option: they pierced attorney client privilege using obstruction as the predicate crime for the crime fraud exception, saying that Trump’s conversations with Corcoran amounted to him attempting to enlist Corcoran in a criminal obstruction scheme.
Now, we’ll see how that goes for the Government. I have my doubts. But if that’s the case, just reading this indictment, it feels like the obstruction charges may have been structured specifically in part just to get Corcoran’s testimony in, to help buttress what would otherwise be a much weaker case against Trump on the substantive charges.
In any case, the Special Counsel is going to have to show why the communications in question were a solicitation by Trump to Corcoran to join him in criminal acts, as opposed to Trump asking a lawyer he hired to advise him on his legal defense, to tell him what his options were, or to outline what defensive steps might be possible, and what was done by others in previous cases like Hillary’s emails. Reading the conversations in the indictment, they sound a lot more like honest attorney client communications than they do crime fraud to me, even with all ellipses and modifications.
I expect a motion by Trump’s legal team on this issue, and if they win that will cut the guts out of much of this case. Very tough to prove up intent and willfulness the way the government needs to without Corcoran, at least based on what we see in the indictment.
(5) Timing: Why now? This is not a legal defect in the indictment, but it’s an important point. Why are they bringing this case now? They know that Trump is the leading candidate for president. They know he’s beating Biden in the polls. They must know how bad it looks for a sitting president’s DOJ to indict that president’s primary political opponent. DOJ has long had policies in place to prevent new indictments from being brought, or overt investigative acts being committed, in the months preceding an election in order to avoid the appearance of political timing. The same reasoning clearly applies here.
They didn’t have a statute of limitations issue, they could have easily just announced the facts as they saw them after the search warrant was executed and all the documents were recovered, and then held off on further investigative acts and the indictment until after November 2024.
The fact that they didn’t is strong evidence to me that a big part of this is the burning desire among many on the left to “Get Trump.” They don’t care about the law, they don’t care about the facts, they don’t care about norms or propriety or anything else. They just want Trump in cuffs. It’s not the way things are supposed to work, and the fact that our law enforcement and intelligence apparatuses are being weaponized in this way against a leading presidential contender is truly a black mark on them and on our republic.
If I were Trump’s lawyers, I would consider moving to continue further proceedings until after November 2024. Let the case sit. The country doesn’t need to litigate this right now. We need to pick our next president. If DOJ won’t agree to that continuance, let them explain why this has to happen right now. There is no good reason that I can see.
(6) Jack Smith: Why him? If you could pick any lawyer in the country to handle a controversial case against a former president, a case involving an aggressive, unprecedented use of the Espionage Act, a controversial law in and of itself, what lawyer would you pick? You’d probably want just a consummate professional, right? Career prosecutor with no political profile at all? White knight in shining armor who’s never lost a case? Or you could pick Jack Smith.
I follow law stuff pretty closely. I’m a huge nerd. I knew who Jack Smith was before this, and the specific case he is most closely associated with in the public eye was the prosecution of Virginia Governor Bob McDonnell. Remember that one? Using a very aggressive interpretation of the scope of federal bribery and honest services fraud statutes, Smith nuked the career and life of a popular Republican politician, before having all his convictions overturned by the Supreme Court in a 9-0 opinion.
You read that right, all nine Supreme Court justices smacked Jack Smith down for an overzealous, legally defective prosecution of a Republican politician. SCOTUS gutted him so badly that DOJ didn’t even try to re-try the case. They just dropped it. And his wife is a leftist filmmaker who produced a hagiography of Michelle Obama. And he currently lives in the Netherlands. Didn’t they have anyone else good on this side of the Atlantic? If this is not a political prosecution, if Merrick Garland wasn’t just trying to “Get Trump,” then why was Jack Smith the pick? Like the timing, the decision just reeks of politics.
6 Reasons DOJ’s 'Get Trump' Docs Case Is Seriously Flawed (thefederalist.com)
JEWEL: “It looks like corrupt prosecutor Andrew Weissmann is looking to float some new, more serious charges against Trump in New Jersey. He's afraid of the Miami jury pool and wants a backup plan. He's jury shopping in New Jersey.
Apparently Special Counsel Jack Smith had some trouble bringing certain charges in DC, so he empaneled a grand jury in Florida to "get Trump." Now, Weissmann is saying that charges could still be brought in New Jersey as a backup plan!”
MIKE DAVIS: Summary of Biden's Indictment of Trump:
Trump had his presidential records.
They're really bad for Biden and many other Democrats.
Trump fought with Biden's librarians and other bureaucrats over library rules.
Biden raided Trump.
Biden wants Trump to die in prison.
The end.
Now Murdoch’s WSJ says that if ONLY President Trump had returned copies of the documents that the Feds wanted SOONER - he wouldn't have been arrested.
Hmm. He had them for almost two years.
If all Trump had to do was return the documents, he had willfully retained, any time before last Thursday, then clearly it was never intrinsically unlawful for him to retain the documents in the first place.
This is the new "Trump brought it on himself" and "Trump is self-destructive" talking point from Murdoch and the establishment to excuse their unlawful and outrageous political prosecution. They will keep throwing stuff against the wall to see what sticks.
STEPHEN MILLER: “Not discussed enough is how chilling and authoritarian it is for DOJ to pierce attorney-client privilege by criminalizing a document dispute between a POTUS and the Archives through a facially unconstitutional and politically weaponized interpretation of the Espionage Act.”
If you missed Tucker’s monologue on Trump’s indictment & Trump’s speech about it - here are the links.
https://twitter.com/TuckerCarlson/status/1668747661028081664?s=20
https://twitter.com/intheMatrixxx/status/1668796572698660867?s=20
MSNBC & CNN didn’t air them. Why? They said they would incite people to violence!
Can you imagine being so gullible and brainwashed that you vigorously applaud Rachel Maddow when she tells you she's not airing Trump's speech on his indictment to "protect" you from violence?
No thinking person would fall for that BS....
What will you do when she tells you to get on the trains to the internment camps because you'll be safe there? That's next...
Look what PBS put over Trump's speech. This is what we get for our tax dollars.
I guess that's better than MSNBC & CNN who didn't air it at all because they are trying to "protect" the public from hearing the truth from President Trump. You can't make this stuff up. America has gone full-blown PRAVDA.
-Russian Collusion Hoax
-Spygate
-Mueller Report
-Ukraine Phone Call Hoax
-J6 Committee
-Tax probe
-DOJ: Jan6th investigation
-DOJ: Classified documents investigation
-Georgia: Election interference investigation
-Manhattan: DA criminal investigation
-NY: AG Civil Probe
-Stolen Election (Pandemic, changed laws + BLM/Antifa National riots + Big Tech-FBI censorship, etc…)
-24/7 smears from MSM, Democrats, & Republicans.
-Backstabbers
-$1.2 Billion loss in net worth
-Death threats
-FBI Raid
-2x Impeachments
-2x Indictments
-2x Arrests
…is the price that President Trump has paid so far by challenging the status quo and threatening the ruling class, yet he’s still standing, committed to finish what he started.
This is Walt Nauta - Waltine Torre Nauta - Trump's aide that they arrested with him. He was born in Guam. He is married with two children and is a devout Catholic. He was assigned to President Trump in 2017 at the White House and has been with him ever since.
A Navy veteran, Walt helped take the boxes of documents to Mar-a-Lago after the Feds dumped them in the driveway of the White House and told Trump's staff to take them.
NARA refused to help - the first time in 40 years. It was a set up from the start. Walt Nauta is being framed - just like President Trump.
Finally, Alvin Bragg, a Soros prosecutor who indicted Trump - also indicted Daniel Penny for saving lives on the New York subway. Proof that we are next if we don’t stand up!
MARK LEVIN: "Hero indicted. Law-abiding citizens, get the hell out of NYC as fast as possible. Your liberty and life depend on it."
JESSE WATTERS: "Democrats don’t want you to defend yourself. Daniel Penny put his life on the line to protect Americans and this indictment is the thanks he gets."
TOM FITTON: "Daniel Penny faces up to 15 years on 2nd-degree manslaughter charge from Soros-backed prosecutor for act of heroism against subway criminal."
MIKE DAVIS: "Bragg just indicted Daniel Penny, a Marine and hero, for protecting New Yorkers from a violent thug who previously broke an old lady's face."
CHARLIE KIRK: "A NYC grand jury has indicted Daniel Penny for protecting innocent bystanders from Jordan Neely, a dangerous madman New York was too cowardly to do anything about. If you try to stand up to a criminal in Blue cities, your "leaders" will find every excuse they can to side with the criminal."
VICTORIA TOENSING: "The same nutty NYC people who elected Alvin Bragg as DA just indicted Daniel Penny, hero of the subway attack, for murder of the perpetrator. Don't go to NYC."
CATTURD: Dear Republican Party - get this through your thick skulls …
We’re never going back to the RINO, warmonger, neocon, Chamber of Commerce, business round table, donor class, establishment Bush Republican Party. And you have zero chance without the millions of America first Trump voters.
NEVER. GOING. BACK.
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