Jeff Clark Gives Solid Take on DOJ Trump Indictment Scheme
Rather than write 10,000 highly specific and legally granular words to deconstruct the Trump indictment, I will share the opinion of others with supporting analysis and add some substance to the issues. Later I will compile all the various points of analysis into one very granular article.
First, it is important to always remember why this indictment is taking place. The DOJ, specifically Lisa Monaco, are continuing the offensive against Trump in large part to cover for the actions of the Obama administration in the originating targeting of their political opposition. Originating Spygate operations (’15-’16), Russiagate (’16-’17), Mueller (’17-’19), Impeachment #1 (’19-’20), Durham (’19-’23) and Jack Smith ’22-present, are all part of one long continuum of weaponized DOJ and FBI operations. The entirety of the effort is to protect the actions taken by the Obama administration. [Note to congress: Questioning Durham this month is defense key #1]
In this interview {Direct Rumble Link} Jeff Clark gives his opinion of the statutory weaknesses that exist in the case as outlined in the indictment. 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. WATCH:
Granular note, putting aside the fact that classification is irrelevant to the statute being used, within the indictment please notice how the DOJ states 102 classified documents [pg 27], some that were never marked classified as noted in the indictment [count 11, page 30] but defined as classified after DOJ review, were discovered after the Trump affirmation of compliance in July 2022. This is the predicate for the FBI raid. Again, a total of 102 documents were identified as classified by the FBI/DOJ.
They were unable to use classification status as a legal mechanism to attack President Trump; instead, they use the non-production as an evidence enhancement to the ridiculous claim that Trump lied to them (sec 1001); but notice how there are only 31 documents [31 counts] outlined as national defense security issues. This would mean approximately 70 classified documents are memory holed by this special counsel.
70 defined “classified” documents retrieved, no description provided, those documents not a part of any legal contention – they just disappear. I suspect we know what those sets of documents pertained to, and they have everything to do with DOJ and FBI conduct in Russiagate.
Marjorie Taylor Greene Outlines the FBI Document She Reviewed Highlighting Bribes to Joe Biden and Family – Video and Transcript
Amid all the furor of the corrupt and political indictment against President Trump, Congress was permitted to read the witness statement from a Confidential Human Source who outlined allegations of bribery in testimony to FBI agents.
The FD-1023 report was written by FBI investigators in July of 2020. It became an issue after the FBI seemingly took no action, and then recently claimed to be “investigating” the claims of the “highly credible” FBI source. Marjorie Taylor Greene (R-GA) reviewed the report and then gave her impression to the media. Video and Transcript below. WATCH:
Transcript: Reading this form (FBI’s FD-1023) today shows the pure distinction.
This information this source that came forward. It’s a paid informant by the FBI. This has nothing to do with Giuliani. This has nothing to do with the information that he brought forward in 2020. It’s totally separate and it’s extremely incredible because he’s a paid informant.
I made some notes after I left the skiff based on the information and I’ll share that with you guys right now.
Americans Can See What Is Going On
CSPAN callers respond to President Trump’s indictment. Americans can see what is happening, listen:
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Strategic Lawfare at Work, They Didn’t Resign – Jack Smith Takes Down Two Trump Lawyers Using Compelled Testimony, Creating Witnesses Within Indictment
Good news, bad news and granular news..
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.
A Visual Example of Joe Biden Caught in the Act of a 18 U.S. Code § 793 Violation According to Special Counsel Jack Smith
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]
Listen Carefully, Special Counsel Jack Smith Delivers Statement Following Trump Indictment – Indictment Link Included
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:
~ READ INDICTMENT HERE ~
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.
Mark Levin Reacts to Trump Indictment – Frivolous Documents Charges
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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NOTE: Sixty nine documents in a Deep State rabbit hole! ~Sundance
June 9th – 2023 Presidential Politics – Resistance Day 871
In an effort to keep the Daily Open Thread a little more open topic we are going to start a new daily thread for “Presidential Politics”. Please use this thread to post anything relating to the JoeBama Administration and Presidency.
“This is no small thing, to restore a republic after it has fallen into corruption. I have studied history for years and I cannot recall it ever happening. It may be that our task is impossible. Yet, if we do not try then how will we know it can’t be done? And if we do not try, it most certainly won’t be done. The Founders’ Republic, and the larger war for western civilization, will be lost.”
“But I tell you this: We will not go gently into that bloody collectivist good night. Indeed, we will make with our defiance such a sound as ALL history from that day forward will be forced to note, even if they despise us in the writing of it.”
This thread will refresh daily and appear above the Open Discussion Thread.
