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18 U.S. Code § 793 - Gathering, transmitting or losing defense information (Counts 1-31 Against Trump)
Cornel University ^ | U.S. Code

Posted on 06/28/2023 6:05:18 AM PDT by ConservativeInPA

(e) Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, 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 States entitled to receive it; or


TOPICS: Chit/Chat; Reference
KEYWORDS: indictment; smith; trump
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Above is the law which Jack Smith charged President Trump for 31 of the counts in the indictment. I find this part particularly interesting:

which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation,

This is what passes as Espionage. Yes, it is part of the Espionage Act, the same law that President Wilson signed into law and persecuted over 2,000 American citizens that he saw as political enemies. We all know that Biden would never do that to his primary political rival.

Lawyers are particularly welcome, as I am not a lawyer. My question of greatest interest pertains to the part quoted above. Does Jack Smith have to prove that Trump could have used the documents to injury of the United States or to the advantage of any foreign nation? Is this the intent? Can Trump just be found guilty of retaining documents? (Even though there are defenses for the retention aspect of the charged.)

1 posted on 06/28/2023 6:05:18 AM PDT by ConservativeInPA
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To: ConservativeInPA

I saw “unauthorized possession of” and concluded - there goes their case. He was the president.

I also heard the ‘audio clip’ that’s being hyped. I heard people laughing when he said, this is classified. Secret. I can imagine him waxing hyperbolic on the ridiculousness of most classification, and holding up a menu and saying, ‘This is classified. Secret.” Especially as they now say they don’t have the ‘document’ he was supposedly displaying at the time.


4 posted on 06/28/2023 6:12:14 AM PDT by curious7
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To: ConservativeInPA

Why do Freepers give crediblity and even discuss the minutiae of a POLITICAL WITCH HUNT and fake indictment with “Trumped up” charges that are going to be thrown out or jury nullified?


5 posted on 06/28/2023 6:12:45 AM PDT by central_va (I won't be reconstructed and I do not give a damn...)
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To: ConservativeInPA

I’m not an attorney, nor have I stayed at a Holiday Inn Express in years, but would they maybe have an audio clip of President Trump admitting this? Or, just ask him? Again, this presumes he was waiving around classified documents, not just golf course plans, newspapers, and magazines as he now claims.


6 posted on 06/28/2023 6:13:06 AM PDT by Reno89519 (DeSantis 2024. Successful Governor, Honorable Veteran, Respectful, Respected.)
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To: central_va

That statute was not enacted to apply to this situation.


7 posted on 06/28/2023 6:14:20 AM PDT by Socon-Econ (adi)
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To: Socon-Econ

I dont care . It is all BS. I won’t discuss a witch hunt. Gives it cred where none is due.


8 posted on 06/28/2023 6:15:26 AM PDT by central_va (I won't be reconstructed and I do not give a damn...)
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To: ConservativeInPA

There is no way in Hell that Trump is guilty of violating that law. No way.


9 posted on 06/28/2023 6:15:54 AM PDT by P-Marlowe (I got the <ΙΧΘΥΣ>< variant. Catch it. John 3:16)
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To: Reno89519

You know this. The document about the Iran invasion schedule that Trump waved around WAS NOT IN THE INDICTMENT. My guess is the audio is not in evidence either. It’s a leaked hit job and you Desantis fluffers are stroking it for all it is worth. Make sure you turn your head at the right time.


10 posted on 06/28/2023 6:18:04 AM PDT by central_va (I won't be reconstructed and I do not give a damn...)
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To: ConservativeInPA
Whoever having unauthorized possession

Case Dismissed and the DOJ lawyer should be held in Contempt and sanctioned for " Abuse of Process".
11 posted on 06/28/2023 6:24:59 AM PDT by eyeamok
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To: curious7

>I also heard the ‘audio clip’ that’s being hyped. I heard people laughing when he said, this is classified. Secret. I can imagine him waxing hyperbolic on the ridiculousness of most classification, and holding up a menu and saying, ‘This is classified. Secret.” Especially as they now say they don’t have the ‘document’ he was supposedly displaying at the time.<

He was not indicted for possessing classified documents. This audio file would most certainly never be allowed into evidence on it’s own and the snake Smith knows it. This is merely to taint the jury pool.

I would expect in voir dire for the jurors to be asked if they heard any leaked audio of the case.

EC


12 posted on 06/28/2023 6:25:17 AM PDT by Ex-Con777
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To: ConservativeInPA
And there's a problem with this being used against him (see picture). He was FULLY authorized by THE PEOPLE to have, keep, view, store, etc. ANY executive document(s).
13 posted on 06/28/2023 6:26:20 AM PDT by cotton1706
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To: ConservativeInPA

Unacceptable when you have the democrat shenanigans we all know about.


14 posted on 06/28/2023 6:30:03 AM PDT by bk1000 (Banned from Breitbart)
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To: Reno89519
I know you jest … but to your point, it would seem an audio clip would go a long way to proving Trump’s guilt. Not only do they have the Iran Attack Plan document to enter into evidence, they have Trump caught dead to rights on an audio recording harming the United States and helping a foreign nation to enter into evidence. Now we all know that foreign nation is Russia.

Oh, wait. My bad. Jack Smith doesn’t have the Iran Attack Plan document to enter into evidence and the audio tape doesn’t show anyone reading the document or how Trump would harm the U.S. or aid Russia or any other nation.

Please take a moment, read counts 1-31 of the indictment, listen to the audio tape (I believe that goes along with count 1), and then read the law.

15 posted on 06/28/2023 6:30:40 AM PDT by ConservativeInPA (Delay Trump’s trial, delay. Elect Trump President. Trump pardons himself.)
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To: curious7
"I can imagine him waxing hyperbolic on the ridiculousness of most classification, and holding up a menu and saying, ‘This is classified. Secret."

That's the part that kills me--the irony of him holding up a copy of The New York Times with a front page story of leaked info effectively saying "this is what Jack Smith wants to prosecute me for. Its on the freaking front page of the NYT!"

16 posted on 06/28/2023 6:33:59 AM PDT by Tench_Coxe (The woke were surprised by the reaction to the Bud Light fiasco. May there be many more surprises)
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To: ConservativeInPA

Some formating can make a law easier to understand.

18 U.S. Code § 793 -
Gathering, transmitting or losing defense information
(d)Whoever,
>lawfully having possession of, access to, control over, or being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note
>>relating to the national defense,
>>or information relating to the national defense
>>>which information the possessor has reason to believe
>>>>could be used to the injury of the United States
>>>>or to the advantage of any foreign nation,
>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 on demand to the officer or employee of the United States entitled to receive it; or
https://www.law.cornell.edu/uscode/text/18/793


17 posted on 06/28/2023 6:50:16 AM PDT by Brian Griffin (ARTICLE I SECTION 2....The President...may require the opinion, in writing)
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To: P-Marlowe

depends on the selcted jury, like all democrats


18 posted on 06/28/2023 6:55:42 AM PDT by Ronald77
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To: ConservativeInPA

“New IDF intel unit preparing for possible Israel-Iran war”

“Every day we gather more targets and objectives at a satisfying pace and learn how to strike them effectively. We have already doubled the target bank in Iran.”

https://www.ynetnews.com/article/sjkrobxp3

Mr. President, the Israelis have already blown that to bits, and that, and that.

What can we do?

Let’s have some ice cream, Mr. President.


19 posted on 06/28/2023 6:58:46 AM PDT by Brian Griffin (ARTICLE I SECTION 2....The President...may require the opinion, in writing)
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To: Ronald77
What's a Florida jury as opposed to DC or New York City look like?

What if they put this out in Elko, Nevada, or somewhere in the midwest?

20 posted on 06/28/2023 7:01:48 AM PDT by Reno89519 (DeSantis 2024. Successful Governor, Honorable Veteran, Respectful, Respected.)
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