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.
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I think because Jack Smith charged Trump under the Espionage Act.
Now consider this, If the documents were all declassified and there is proof that Trump Declassified them, what was the basis for the charges in the first place?? The word FRAUD comes to mind, Sounds like Smith is going to need a good Criminal Defense lawyer to me.
If Smith is waving the documents around in a manila envelope, then they are probably declassified, in which case what’s his case about. Also, does Smith have a clearance?
That’s what I don’t understand...Biden was not President way back then...H should have had “zip” classified documents at his various “Unsecured” hiding places.
No. However, before seeing it, they would have already signed a life ling non-disclosure agreement. The agreement mentions the penalties for unlawfully disclosing the information.
Yup.
And the President's legal team filed about 6 motions, only one of which the judge denied pending further clarification - which is due on April2. She may rule on that once the Smith team has provided her the jury instructions to give her basis to rule the motion \.
There are still many more motions - all which will face appeal if she rules against Trump.
This bogus case will never go to trial until next year if it does at all.
Therein lies the question....Were they “IN FACT” classified or were they old documents that had been declassified by whomever composed them. Why would Trump or ANY of the people who packed the boxes know there were Classified Documents amongst the millions of pieces of paper.
Julie Kelly on X is one of the best for multiple daily exposure on this.
Yes, but in that case they would be authorized to read them. I said if they read them WITHOUT authorization.
Even if the Congress specifies procedures for classification and declassification and procedures for clearances, are the President and VP subject to such procedures? Isn't that a violation of the separation of powers? The absurdity is manifest: this would imply the bureaucrats could deny a President a clearance and therefore deny him the ability to know what executive departments nominally under his authority are doing.
Smith has to argue that as soon as Trump left office with docs he just read, he violated the law, something for which there is no precedent and which stinks like selective prosecution.
He does not have to prove anything. They have to prove he did not declassify them.
Congress does not classify or declassify documents. It authorizes the Executive Branch to do these things. By definition, the President of the United States (the only Executive Branch official named in the U.S. Constitution who has defined Executive Branch powers) has plenary authority over the entire Executive Branch and has the sole discretion to accept or override any such decision related to classifying or declassifying documents.
Trump's word is all the proof that is required.
My son is a retired Navy Captain that spent his last 7 years in the Navy working as a buffer between NSA/Pentagon and the Executive Branch and knows the rules RE: Classification.
He has said that all that is required is the President saying, "This is/is not classified". Period.
IMHO. There can be no such “unauthorized possession” in reference to a president or ex president.
We have active precedent, with Hillary’s private server and emails, the Clinton sock drawer, Joe’s stash in seven places, Sandy Burglar’s underpants.
No. What she wants to know is which agency has the authority to determine whether allegations that somebody broke the law/statute have merit and whether charges should be levied.
Usually it is rather specific about which authority has jurisdiction and how narrowly or broadly the statute can be applied when acting on any allegations.
I do believe that is what she is asking. However, and clearly in my opinion, the answer to that is the Department of Justice. That is their primary purpose, of course. To evaluate the law, and then bring charges against those they believe have violated it. But, they must of course prove their interpretations are correct, before judges and sometimes juries.
She should know this, and probably does, but doesn’t like that answer, so is fishing for someone else in government who could give a different interpretation than the one the DOJ is currently presenting her. If the DOJ truly did their homework, they will reply with government organizations they consulted, before bringing the charges forward, which is actually their role.
I would add that the judicial branch has the Constitutional authority to obtain classified information and share it with jurors if needed for a trial, regardless of any statute.
The charges against Trump are simply absurd, which is why they have never been brought or even threatened against any other former President. And any President can simply pack up documents and say, "these are mine" while still in office.
The laws governing the handling of classified information (not the exact charges in this trial btw) are largely sanctified via executive orders of previous presidents. The current president is still subject to following the executive orders of previous presidents, up until he rescinds, and/or replaces them. A president is not legally able to just ignore them, which is why rescinding/replacing executive orders of previous presidents is usually one of the first actions a new president performs. Trump did not rescind any EO’s protecting classified while he was president, in fact, he proudly strengthened them, instead, and was therefore subject to them.
President Trump had no more duty to “obey” an executive order issued by Barack Obama than he was obligated to wear Obama’s underwear that was left behind in the White House.
President Trump ignored prior executive orders whenever it suited him. He went through much of his tenure in office, for example, without nominating someone to fill a vacancy in the Associate AG post — which was never established by Congress, and was instead established through an internal DOJ order in the 1970s.
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