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.
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.
..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...
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.
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.
I absolutely love Shipwrecked's writing. His legal analysis is spot on and I truly appreciate his political neutrality when analyzing this particular case.
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.
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.
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.
"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.
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
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.
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.
..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...
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.
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.
The process IS the punishment is the main goal. Any other accidental benefits are icing on the devil’s cake.
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
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!
This all seems, no pun intended, sooo trumped up against Trump!
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.
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.
Enjoy the Show
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.
...go here for the real deal:
thedocuments.info
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.