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Jack Smith’s Backup Option
The Atlantic ^ | June 14, 2023 | By Ryan Goodman and Andrew Weissmann

Posted on 06/15/2023 5:14:34 AM PDT by Bratch

Jack Smith’s Backup Option

Donald Trump was indicted in Florida.
Could he also face charges in New Jersey?

By Ryan Goodman and Andrew Weissmann


Even before last Thursday’s indictment in United States v. Donald Trump, public speculation swirled about whether the former president had taken classified documents not just to Mar-a-Lago but also to his residence and golf club in Bedminster, New Jersey. The indictment answered that question with a bang while presenting a new puzzle about why Trump isn’t facing even steeper charges.

According to the Justice Department and a taped recording of the former president, Trump took classified records from Mar-a-Lago to Bedminster, where he showed off the contents of such records to others. The indictment alleges that Trump showed a map to a political ally and also showed a writer and a publisher a secret military plan to attack Iran. These two episodes were arguably the most egregious allegations of criminal wrongdoing mentioned in the indictment; they allege not just the improper retention of our nation’s most highly classified information, but the intentional communication of such information.

[...]

One possible explanation for his decision: venue. The Constitution requires prosecutors to bring charges in the location—or venue—where the alleged criminal conduct took place. Justice Department prosecutors could not necessarily bring charges against Trump in Miami for alleged criminal conduct that occurred in another state, in this case New Jersey. But the absence of such charges in the indictment raises the intriguing possibility of another indictment to come, in a jurisdiction, no less, with a pool of jurors and judges more favorable to the government’s case against Trump.

[...]



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


TOPICS: Crime/Corruption; Government; News/Current Events; Politics/Elections
KEYWORDS: doj; trump; tyranny
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To: Jim Noble

Because weaponizing the US government against your political opponent is anti-American.


21 posted on 06/15/2023 6:22:04 AM PDT by Observator
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To: joshua c

I take this as sarcasm.


22 posted on 06/15/2023 6:36:24 AM PDT by AndyJackson
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To: Bratch

They will stop at nothing to persecute their political opponents and their supporters. nothing. Until they ae stopped.


23 posted on 06/15/2023 6:37:41 AM PDT by 1Old Pro
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To: Bratch

Lawyers can speak to this, but my understanding is that the government must bring the entirety of its case of known “crimes” at the same time. They can’t tee up a few chargs, and if they lose, pursue another and another, whether in hope of finally getting lucky with a conviction, or to exhaust the defendant financially/punish them with process.

The New Jersey episodes are obviously known to the feds prosecuting Trump for the same overall conduct, since they use them as prejudicial material in the Florida indictment.

I don’t see how the concept of the DoJ charging Trump in multiple state venues would fly.


24 posted on 06/15/2023 6:44:40 AM PDT by Chewbarkah
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To: Bratch

Is it at all possible to resolve the issue of judge and jurisdiction “shopping” to Favorable political venues to prevent this insidious practice af further dividing the country and fanning flames of real civil war?
Or would any meaningful change require wholesale rewriting of the laws and constitution to fix? Impossible to do under current political divide and maybe just impossible altogether.


25 posted on 06/15/2023 6:46:12 AM PDT by desertsolitaire ( )
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To: Bratch

With a complicit/compliant media such as we have, they could get away with taking Trump straight to lock up, and throw away the key. No need for legal shenanigans. They got the judges who would not stand in the way, and our elected Republicans would give congratulatory speeches.


26 posted on 06/15/2023 6:48:07 AM PDT by Sir Bangaz Cracka (Poor 'lil Travon bees slamming dat white cracka'a head into dat sidewalk causin he be scared)
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To: O6ret

We need a new law, confirming the Bill of Rights and a law against Prosecutorial Misconduct, where the Government MUST reimburse ALL Defendants who are illegally prosecuted.


27 posted on 06/15/2023 6:51:26 AM PDT by silent majority rising
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To: qaz123

Absolutely. They are sick and evil individuals.


28 posted on 06/15/2023 6:54:33 AM PDT by vivenne
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To: Bratch

Now that Trump has legal standing to be in court, Trump’s lawyers should argue that Joe Biden has no lawful right to be the 46th President given Amendment IV and Amendment XIV, Section 3.

Amendment IV provides that:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated...

The Brady Bill Joe Biden (and Chuck Schumer) voted to approve violates the Amendment IV right to be secure in the possession of firearms listed on 4473 forms as it is quite reasonable to believe a confiscation list could be compiled from 4473s and federally required gun dealer records.

Quotes on an Amendment XIV, Section 3 use by a judge:

A judge in New Mexico declared Tuesday that the Jan. 6 Capitol riot was an “insurrection” as he ruled that Otero County Commissioner and “Cowboys for Trump” founder Couy Griffin must be removed from office for participating in the attack.

Griffin is barred for life from holding any federal or state office — including his current role as county commissioner, from which he will be ousted “effective immediately,” Judge Francis Mathew ruled.

Griffin became “constitutionally disqualified” from those positions as of Jan. 6, 2021, the judge concluded.

https://www.cnbc.com/2022/09/06/judge-calls-jan-6-an-insurrection-bars-cowboys-for-trump-founder-from-office.html


29 posted on 06/15/2023 7:31:38 AM PDT by Brian Griffin (SPENDING STRIKE: No new car/new house/additional gun - No meals out/stock buy/travel/home remodels)
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To: Bratch

BTTT


30 posted on 06/15/2023 7:32:59 AM PDT by nopardons
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To: Bratch

Trump might want to return to Florida since if he stays in New Jersey the DoJ might try to “do him a favor” by moving the prosecution to New Jersey to be closer to where he is staying.


31 posted on 06/15/2023 7:35:58 AM PDT by Brian Griffin (SPENDING STRIKE: No new car/new house/additional gun - No meals out/stock buy/travel/home remodels)
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To: Bratch

Indeed an honest judge would tell the lawyers to switch tables.


32 posted on 06/15/2023 8:14:08 AM PDT by Vaduz (....)
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To: Bratch

His option is to go back to Europe.


33 posted on 06/15/2023 8:36:04 AM PDT by popdonnelly (All the enormous crimes in history have been committed by governments.)
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To: qaz123

Some terrible traitorous crimes have been committed by these horrible people. It is psychopathic to pursue one man with this type of irrationality. What did these people do to fear PDJT? There is no other explanation. Even money and power cannot explain this insanity.


34 posted on 06/15/2023 12:03:24 PM PDT by Greenidgypsy (I loathe the MSM.)
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To: qaz123

Couldn’t do it as the indictment covers this element. The rules of double-jeopardy would apply.

He can’t be indicted in Florida using the elements of the “crime” and then be indicted in New Jersey under the same elements.

This is just CNN spewing their typical garbage. I’m beginning to think everyone at CNN is a closet Jeffrey Toobin and wonder what’s going on under the tables on-set.


35 posted on 06/15/2023 12:40:06 PM PDT by offduty (Joe Biden, Commander in Thief)
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To: Bratch
"Backup plan" means it's not about the crime, it's about the person.

-PJ

36 posted on 06/15/2023 12:42:41 PM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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