Posted on 03/19/2024 5:33:34 AM PDT by Tench_Coxe
NEW: Judge Cannon continues to squeeze DOJ to define the vague terms in the Espionage Act. She just ordered Jack Smith and Team Trump to file proposed jury instructions by April 2 on how jurors should interpret "unauthorized possession" of national defense files.
Cannon repeatedly asked prosecutors to explain which official and/or agency determines "unauthorized possession" of a document. DOJ admitted NARA has no law enforcement role in assessing who--esp a former president or VP--is keeping a record without authority.
(Excerpt) Read more at threadreaderapp.com ...
“Article II
....
SECTION 2. The President...may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices...”
Obviously, the President often needs to retain such writings after leaving office since backbiting by underlings is very likely after a President’s term in office ends.
Oh no Surrender Monkeys you’d better start accusing Judge Cannon of being a secret plant by Soros - this could get out of hand/s/.
Judge Cannon Is brilliant! She is forcing Jack Smith to either eliminate his case or the jury do it for him. Her hands will be clean.
This whole case is a mess and especially after no charges were brought against Biden is doomed to the thrown out. I just hope it is done in such a way as to prevent the government from appealing.
The funny thing will be if the classified docs they are charging him on are Crossfire Hurricane docs.
If that’s the case, no jury is going to convict a man for retaining documents on his enemies’ illegal behavior.
bttt
The law is quite different for a President vs a VP….
“unauthorized possession” Why JOe Biden did not do that?
Tick, tick,
the classified documents seized may show that the DOJ, FBI, CIA, HOmeland Security,Pelosi, McConnell and the Washington Capitol police participated in a couter espionage operation designed to culminate in the assassination of President Trump on January 6th. ( The Secret Service giot wind of the plot through the presidents NSA assets and they avoided going to the Capitol with Trump even after they requested it.)
Cannon knows that these assassination proof documents are in the hands of a DOJ approved special master, and she will do all she can to get the to the jury.
If Jack Smith reveals the documents to the Jury, isn’t he GUILTY of Espionage for Illegally disclosing Top Secret Classified Information unless Biden grants him that authority through the Proper Channels???
“...explain which official and/or agency determines “unauthorized possession” of a document.”
~~~
I’m confused.
The judge wants to know, or find, which un-elected bureaucrats do (or should) have the power to determine who broke a law?
Isn’t that what judges and juries do?
If it’s not a clear law, then why would this power be given to some desk jockey somewhere?
BTTT
From the article:
“Keep in mind as she mentions Presidential Records Act—she has not yet ruled on Trump’s motion to dismiss based on protections of the PRA.”
Hopefully another bullet in the gun pointed at Jackov Smith
Apparently all these cases against Trump are to prevent him from being President again, that’s why running out the clock destroys the cases. Appealing any of the cases is a loser for the democrats because the clock keeps on ticking toward the election.
How can this case go further with this ruling?
‘explain which official and/or agency determines “unauthorized possession” of a document’
They can’t explain, because the ultimate answer is that the President makes that determination, or the President can overrule any of his subordinates who make similar decisions.
Not just that, but any of the jury that read such documents without authorization would also arguably be guilty under the espionage act.
I hate this case, too much banana republic crap for me.
“The law is quite different for a President vs a VP….”
Or a senator.
If these docs are Top Secret, what clearance does smith have?
When Trump removed the docs, he said he declassified them, and NO ONE can dispute his word.
The President of The United States, when in office, is the sole arbiter of classification, and there are no written rules for the process {or lack thereof}.
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