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Federal Court Declares Trump A Flight Risk In Secret Subpoena Decision
Jonathan Turley ^ | 08/10/2023 | Jonathan Turley

Posted on 08/10/2023 6:38:36 PM PDT by SeekAndFind

The disclosure of a subpoena of Twitter by Special Counsel Jack Smith was surprising in a number of respects, including the hefty $350,000 fine imposed by U.S. District Court Beryl Howell (below) for a three-day delay as the company sought to address the demand.

However, the two most surprising, and concerning, elements was that the subpoena was secret and Howell justified it, in part, on Trump being a flight risk. Neither seems warranted in this case even the subpoena was in other respects warranted.

Special counsel Jack Smith subpoenaed and obtained a search warrant related to former President Trump’s account on Twitter, now X. However, he also sought the information with a nondisclosure order that prohibited X from disclosing the existence or contents of the search warrant to Trump or anyone else. However, Trump already knew he was under investigation, so why was there a need for nondisclosure?

The court found that Trump might change his course of conduct but that seems unlikely.

If anything Trump has been most consistent in his social media practices. Indeed, while some of us have criticized him for his posting, he has remained entirely undeterred.

The lower court stated that “The district court found that there were ‘reasonable grounds to believe’ that disclosing the warrant to former President Trump ‘would seriously jeopardize the ongoing investigation’ by giving him ‘an opportunity to destroy evidence, change patterns of behavior, [or] notify confederates.'”

It is not clear how Trump would destroy the evidence in possession of Twitter, particularly after the company is informed that it must preserve and disclose the meta data.

Then there was the added rational that was tucked into footnote 2 of the D.C. Circuit opinion: Trump might flee.

Judge Howell actually agreed that the former President was a flight risk.

Process that for a second. Trump has 24/7 security. So Howell agreed that he might shake his sizable security detail, evade them, and go on the lam. He is one of the most recognized figures in the world. He would have to go to Mars to live incognito.

It is facially absurd. Trump has been sued and criminal charged across the country. He has never made a break for it. Where would he go? Cuba?

The finding of a flight risk undermines the credibility of the court’s order. This is not to question the ability to force the release of the information. However, the need for secrecy is far from evident. Rather it succeeded in preventing any challenge.

Here is the D.C. Circuit opinion: Trump-Twitter Opinion


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; Government; Politics/Elections
KEYWORDS: berylhowell; coupaccomplice; dojweaponization; donatedonaldtrump; donatetrump; federalcourt; flightrisk; grump; impeachberylhowell; judicialsedition; tds; trump; trumppersecution; witchhunt
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1 posted on 08/10/2023 6:38:36 PM PDT by SeekAndFind
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To: SeekAndFind

More from The Democrat Party Organized Crime Syndicate.

Another one who is taking it out on the world because she wasn’t popular in high school.


2 posted on 08/10/2023 6:41:43 PM PDT by blueunicorn6 ("A crack shot and a good dancer” )
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To: SeekAndFind
A flight risk? Where would he go? Russia? {snicker}

If he bugs out (of course he won't but if) it means he will never be president. Democrats should like that.

3 posted on 08/10/2023 6:47:48 PM PDT by Salman (It's not a slippery slope if it was part of the program all along. )
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To: SeekAndFind

I still think trump has something on all the Democrat Leaders. Otherwise why would they be coming for him so hard???


4 posted on 08/10/2023 6:50:43 PM PDT by realcleanguy (quickly things are falling apart, now that the )
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To: SeekAndFind

If he was such a flight risk, why did the FBI give him back his passport when they deliberately took it during their raid on his home a year ago?


5 posted on 08/10/2023 6:50:54 PM PDT by mass55th (“Courage is being scared to death, but saddling up anyway.” ― John Wayne)
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To: SeekAndFind

Is that a man or a man?


6 posted on 08/10/2023 6:51:47 PM PDT by mass55th (“Courage is being scared to death, but saddling up anyway.” ― John Wayne)
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To: blueunicorn6
Another one who is taking it out on the world because she wasn’t popular in high school.

It's funny - I've noticed that too. The Losers gravitate to democrats like Biden, while the popular winners gravitate to President Trump.

This is to be expected - birds of a feather. President Trump is probably the most well known winner, ever. He is great and the people who oppose him are evil and stupid losers.

Once a loser, always a loser. Once a winner, always a winner. Together, forever, the winners. Always winning.
7 posted on 08/10/2023 6:52:17 PM PDT by Observator
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To: SeekAndFind

He’ll but on a sombrero and no one will recognize him as he heads into Mexico to blend in...


8 posted on 08/10/2023 6:53:49 PM PDT by BobL (Trump has all the right Enemies; DeSantis has all the wrong Friends)
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To: mass55th

How many judges in this country are trannies?


9 posted on 08/10/2023 6:54:01 PM PDT by Scott from the Left Coast (“We should not assume civilization is robust”)
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To: mass55th

10 posted on 08/10/2023 6:56:24 PM PDT by ConservativeInPA (The Delay Trump’s trial, delay. Elect Trump President. Trump pardons himself. )
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To: blueunicorn6

Thanks Obama. Yep an Obama judge


11 posted on 08/10/2023 7:00:01 PM PDT by napscoordinator (DeSantis is a beast! Florida is the freest state in the country! )
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To: realcleanguy

Oh yeah!


12 posted on 08/10/2023 7:05:33 PM PDT by goodnesswins ( We pretend to vote and they pretend to count the votes.)
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To: SeekAndFind

I suppose he is just going to walk away from all of his hotels and businesses here in the US. All subject to confiscation if he did so. How absurd.


13 posted on 08/10/2023 7:20:11 PM PDT by Revel
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To: mass55th

Maybe related to that tranny admiral?


14 posted on 08/10/2023 7:25:52 PM PDT by ding_dong_daddy_from_dumas (Re-imagine the media!)
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To: SeekAndFind
However, the two most surprising, and concerning, elements was that the subpoena was secret and Howell justified it, in part, on Trump being a flight risk. Neither seems warranted in this case even the subpoena was in other respects warranted.

Well there is that whole terrorist thing.

And the incitement to riot in DC, LA, San Fran, Portland.

Mowing down innocent immigrants with that big `ol car when they were just looking for a better life.

Then there is the tossing hand grenades from Marine One into a crowd of peaceful antifa protesters.

Firebombing churches and machine-gunning Muslims.

All of that is bad enough but single-handedly invoking global warming/cooling/change to make the sea levels rise at obammy's house on the beach...

Andreversing the magnetic poles of mother erf thereby killing all the migrating whales and birds? It is just not acceptable.

PDJT should be sentenced to 25 years in the electric chair mounted in a gas chamber.

After the 25 years he will be tried at Gitmo so he can be deemed guilty.

.

15 posted on 08/10/2023 7:35:47 PM PDT by TLI (ITINERIS IMPENDEO VALHALLA)
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To: SeekAndFind

IOW the imperious Beryl “Howell” was once again arrogantly abused her power for nakedly political purposes.

Where does the Judiciary have any legitimacy left with a fanatical, vengeance driven “Judge” like this free to pursue anyone who she deems politically unacceptable? Does anyone believe my ancestors fought the Revolution for this?


16 posted on 08/10/2023 7:46:56 PM PDT by Regulator (It's fraud, Jim)
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To: blueunicorn6; Salman; mass55th; Observator; BobL; Regulator; Revel; ConservativeInPA; TLI
"judge" Beryl Howell was in on the ground floor of modern DNC election rigging.

Following law school graduation, Howell clerked for Judge Dickinson Richards Debevoise of the United States District Court for the District of New Jersey from 1983 to 1984.

This was just after "judge" Debevoise crafted the RNC consent decree of 1982.

He was the judge in the 1981 civil lawsuit filed by the Democratic National Committee against the Republican National Committee alleging violations of the Civil Rights Act in the New Jersey gubernatorial election. He continued to supervise and extend the decree until his death in 2015 [33 years of Big City vote fraud - till the old Democrat stooge died at 90 years old].

The consent decree, entered on November 1, 1982, prevented the Republican Party "from engaging in activities that suppress the vote, particularly when it comes to minority voters."

Howell is a partisan stooge for the DNC.

17 posted on 08/10/2023 8:44:42 PM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: ConservativeInPA

And that’s an example of the excellent dental care available in the UK.


18 posted on 08/10/2023 8:48:47 PM PDT by spokeshave (Proud Boys, Angry Dads and Grumpy Grandads.)
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To: Regulator

Does anyone believe my ancestors fought the Revolution for this?

———

So true escape one form of a monarchy to now be ruled by another.


19 posted on 08/10/2023 9:17:50 PM PDT by patriotspride (Third generation Vet. Never forget the true cost of freedom)
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To: SeekAndFind

If Trump is declared a flight risk, will they lock him up or give him an ankle monitor or something?


20 posted on 08/10/2023 9:32:00 PM PDT by Tai_Chung
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