49 Comments

Note well that it is definitionally a political prosecution to charge someone with violating the notoriously abuse-prone Espionage Act, a statute created in WWI to criminalize political activity disfavored by the state in the name of protecting national security, a fraudulent pretextual conceit. Note also that due to its infinitely vague, politically manipulable nature, anyone charged under the Espionage Act is sullied by connotations of disloyalty or betrayal to the country.

https://euphoricrecall.substack.com/p/another-rubicon-has-been-crossed

Expand full comment

Reading this begs a question for me...

IF President Trump still is the legitimate POTUS, and has the rightful authority to possess said records, does this all go away? Asking for a friend.

Expand full comment

Are you saying that Joe Biden is actually dead and the guy playing his role is named "Pete". Just asking for Jill and Hunter. It sure looked like a plastic mask to me.

Expand full comment

Someone that has had as much plastic surgery as Joe has had - and *bad* surgery at that - will likely have a mask like face....

Expand full comment

Too big of an "if" there.

Expand full comment

Classic case of political prosecutor creating a labyrinth of mirrors to bring an indictment. It will be interesting to see how Smith is able to keep Article 2 section 1 of the US Constitution and PRA out of the courtroom. Both supersede ( for a sitting President) the Espionage Act. Smith will get another SCOTUS loss with this bullshit.

Expand full comment

..this Judge, from what my sources tell me, is a real straight shooter...does not like to be bullshat by overly aggressive legally skewed prosecutors...

Expand full comment

Why would any legal factors — statutes, constitutional clauses, precedent, or even factual matters — have any relevance to outcome of this prosecution?

What time is it, again? Oh yeah, regime double standard time. And they never, ever lose.

Expand full comment

There's another additional element for President Trump that comes into play here. He holds a classified status right on all current and future documents that come to him. This is yet another weakness in the leftist toolbox Smith has overlooked as to the PRA itself.

The Fascist Left are trying to criminalize possession of papers while 45 did not destroy, alter or distribute them to anyone or allow access to foreign spy services (as was the case with the illegal Hillary server). This has root problems in trying to massively criminalize 45's possession. It smells and it reeks badly.

So too, there are many overlapping classified powers for President Trump. He does not need to declare anything but delineate these powers. Once he does, the Judge Jackson standard in the Bill Clinton Socks case becomes even more paramount as the final dividing line. It's a dividing line about civil standards for a US President, not criminal. This no doubt will make Judge Amy German Jackso sick which is all the more hilarious because the Deep State Establishment will do and try anything to be erase 45.

The nature of these presidential powers also points to the finality of authorization by a US President. It's going to be quite difficult to apply the Espionage Act against those collective modern day authorizations. They are not merely in conflict; one supersedes the other and the 100 year old law won't win.

So, much will depend on the reading of these laws and I anticipate Judge Cannon may very well question some if not most of the underpinnings of Smith's indictment. In this regard, SWC and I sharply differ.

Unlike SWC, 🐴 has not worked at the Dept. of Just Us, holds no bar approval to sit on the DC or any federal court inside the US. This is Horsey Legal. If you need legal advice you may find it useful to obtain counsel and not follow or use legal advice from an animal such as myself.

Expand full comment

I wondered about that. Is Trump still able to see classified materials as a former president? I thought they retained that clearance.

Expand full comment

Yes, he is. President Trump and many federal officials hold that clearance.

In addition, many of these documents are already copies.

Expand full comment

So they’re argument is going to hinge on the documents being at Mar A Lago? Which considering where Biden had documents seems pretty flimsy.

Expand full comment

Flimsy? How about Hillary’s emails containing classified documents on a garbage server. Yes, she was serving all our enemies with government documents

Expand full comment

I’m not disagreeing with you. I’m saying their argument against Trump is flimsy.

Expand full comment
Jun 16, 2023·edited Jun 16, 2023

They don't care about the inconsistency on Biden vs. Trump and how this is criminalized under the latter and buried with the former. Their supporters don't care either. So, they are fine with playing to the mob which is getting lots of attention, often the sole attention to this point. They've even made a point of censoring President Trump's comments from Bedminster, NJ where he laid some of these issues out in detail.

Expand full comment

The process IS the punishment is the main goal. Any other accidental benefits are icing on the devil’s cake.

Expand full comment

Will they assinate him if he gets back in? Why tThey Can't Let Him Back In ... https://compactmag.com/article/they-can-t-let-him-back-in

Expand full comment

Hello !

For your sentence to be right, please prefer this form:

"President Donald Trump can't let THEM back in ..."

God bless President Donald Trump !

🙏🏻✝️🕊️

Expand full comment

I absolutely love Shipwrecked's writing. His legal analysis is spot on and I truly appreciate his political neutrality when analyzing this particular case.

Thank you for sharing!

Expand full comment

Techno Toad was wrong about everything with respect to the Durham Investigation…Durham is very clearly a Bush Republican operative tasked with obfuscating and deflecting.

Expand full comment

This all seems, no pun intended, sooo trumped up against Trump!

Expand full comment

This part of The Espionage Act caught my attention, "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 entitled to receive it"

The president of the United States is not an employee of the federal government so this Act doesn't apply to presidents.

Expand full comment

Presidents see and hear all kinds of “secrets” while in office. ATP I’m just amazed they haven’t gone after his brain and claimed he’s a threat because of what he’s seen and heard and try to lock him up because “he might” tell all.

Expand full comment

Enjoy the Show

Expand full comment

You missed a key point. "which information the possessor has reason to believe". All Trump has to say is that he didn't feel that the information contained any information that he "has reason to believe''. It's totally subjective.

Expand full comment

That’s the reason they pierced attorney client privilege. Gonna force his attorneys to answer that question.

Expand full comment

...go here for the real deal:

thedocuments.info

Expand full comment

What about this?

"the possessor has reason to believe could be used to the injury of the United or to the advantage of any foreign nation"

I don't see where he had reason to believe anyone at all could use the documents to injure the U.S. or benefit a foreign country. He would have had to provide access.

Expand full comment

Even detractors can’t rightfully say Trump loves this nation & for 4 years did all he could to honor/protect our Constitutional Republic.

He didn’t bow to certain leaders as the previous one did. Every speech he gave (UN one for example) made clear his commitment to our nation.

Obviously TPTB are terrified of another four years a Trump administration. They can’t browbeat him or otherwise manipulate him to do their bidding.

Expand full comment

Not to mention the fact that WHEN he resumes his rightful position as POTUS, he will expose them and depose them. Then he will remit them and commit them to Gitmo. I’ll be ready with the popcorn for that.

Expand full comment

🍿got mine ready, too.

Expand full comment

Didn’t proof read, but thank goodness Substackers are savvy & smart so you knew I meant “even detractors can’t rightfully say Trump DOESN’T love this nation....”

Expand full comment

There's rumors of damning documents, ones clearly declassified by President Trump before leaving office related to the Russia Collusion Hoax.

They may be so bad that even an institutional whitewash report from John Durham can't sweep them under the rug. The Deep State would definitely not want 45 in possession of them.

Expand full comment

James Comey said it all in a recent interview: “Biden must win the Presidency again…otherwise Trump is coming for us” (paraphrasing:)

Expand full comment

He had them and did nothing with them before the end of his first term? He has just been stowing them away in a dark room all this time? In that case, I don't see why the deep state would be concerned about Trump having them.

Expand full comment

Trump seems to be pretty good at cat and mouse games. This might be fun to watch🤔

Expand full comment

They don't want him using them in a national presentation in January 2025 that's for sure.

Expand full comment