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Why Trump’s Espionage Act Indictment is A Manufactured Process Crime
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Posted on 06/11/2023 9:51:47 AM PDT by E. Pluribus Unum

The difference between the Clinton emails and Trump's papers is in the investigation.

The FBI’s warrant for its Mar-a-Lago raid invoked the Espionage Act which meant that we were always going to end up here. The focus on Clinton ally Jack Smith’s indictment has been the Espionage Act despite its obvious inappropriateness when it comes to a former president.

The Wall Street Journal spells out the problem.

The indictment levels 37 charges against Mr. Trump that are related to his handling of classified documents, including at his Mar-a-Lago club, since he left the White House. Thirty-one of the counts are for violating the ancient and seldom-enforced Espionage Act for the “willful retention of national defense information.”

But it’s striking, and legally notable, that the indictment never mentions the Presidential Records Act (PRA) that allows a President access to documents, both classified and unclassified, once he leaves office. It allows for good-faith negotiation with the National Archives. Yet the indictment assumes that Mr. Trump had no right to take any classified documents.

This doesn’t fit the spirit or letter of the PRA, which was written by Congress to recognize that such documents had previously been the property of former Presidents. If the Espionage Act means Presidents can’t retain any classified documents, then the PRA is all but meaningless. This will be part of Mr. Trump’s defense.

The other counts are related to failing to turn over the documents or obstructing the attempts by the Justice Department and FBI to obtain them. One allegation is that during a meeting with a writer and three others, none of whom held security clearances, Mr. Trump “showed and described a ‘plan of attack’” from the Defense Department. “As president I could have declassified it,” he said on audio tape. “Now I can’t, you know, but this is still...”


(Excerpt) Read more at frontpagemag.com ...


TOPICS:
KEYWORDS: commanderinchief; harassment; jacksmith; maralago; merrickgarland; persecution; plenarypower; trump; usconstarticle2
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To: Vermont Lt

So, you think Trump shoulda bleach bitted and flushed documents down the toilet or into his socks?

You believe Traitor Roberts and SCOTUS slapped down Jack Smith that there is but one totally equal administration of the rule of law by the hack Meritless Garland and the DC District Judges?


41 posted on 06/11/2023 2:02:40 PM PDT by Paladin2
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To: E. Pluribus Unum

This is what happens in a failed state. No better than Peru or Turkey now, in terms of the political status.


42 posted on 06/11/2023 2:27:27 PM PDT by Trumpisourlastchance
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To: Paladin2

My guess is that there was already testimony about what was in his possession. Destroying it would have been worse.

I guess the bigger question is why he had that stuff in the first place. Using it as an ego prop is not a good idea.


43 posted on 06/11/2023 3:34:10 PM PDT by Vermont Lt
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To: Paladin2

It’s funny, all anyone can argue is, “It’s not fair.”

Life isn’t fair.

The guy is almost 80. You think he would have learned that lesson by now.


44 posted on 06/11/2023 3:36:32 PM PDT by Vermont Lt
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To: Ann Archy

Usually the term applies to espionage that is messy, as in violence and assassination. The dagger rather than the cloak.

Not sure what is meant here.


45 posted on 06/11/2023 5:35:13 PM PDT by piasa (Attitude adjustments offered here free of charge)
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To: Vermont Lt

I never said that I can’t conceive of him committing a crime. But I promise you if the feds went after you, they could process a crime right the F on your head.


46 posted on 06/11/2023 8:27:05 PM PDT by freedomjusticeruleoflaw (Strange that a man with his wealth would have to resort to prostitution.)
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To: Macho MAGA Man

It is not behind a paywall for me.

You must be special.


47 posted on 06/11/2023 8:58:46 PM PDT by E. Pluribus Unum (The worst thing about censorship is ████ █ ██████ ███████ ███ ██████ ██ ████████. FJB.)
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To: E. Pluribus Unum

I was referring to The Western Journal link within the article posted.


48 posted on 06/11/2023 9:20:15 PM PDT by Macho MAGA Man (The last two weren't balloons. One was a cylindrical objects )
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