Posted on 12/29/2023 11:39:23 AM PST by where's_the_Outrage?
Lawyers for Donald Trump have once again urged a federal judge to grant them access to the classified documents that special counsel Jack Smith wants to redact.
Trump is facing dozens of felony charges accusing him of illegally retaining classified documents at his Mar-a-Lago estate in Palm Beach, Florida, after leaving the White House and hiding them from government investigators. The 37 charges include retaining classified information, obstructing justice and making false statements, among other crimes.
He has pleaded not guilty to the charges in June. The trial is set for May 20, 2024, but could be delayed.
Earlier in December, Trump's attorneys requested access to documents filed by Smith's office under Section 4 of the Classified Information Procedures Act (CIPA), which are off-limits to defense counsel.
In a filing in "further support" of the motion on Wednesday, Trump's lawyers argued that Smith's office's claim that the "contours" of the motion are too sensitive to be disclosed to them is "frivolous." They said the court should reject the office's "attempt to hide unclassified arguments from President Trump's cleared counsel."
Trump's lawyers also said the special counsel's office has conceded that portions of the documents are marked unclassified, including some of the office's "argument sections."
Smith's office cannot avoid disclosure of the entire filing based on the "vague claim that 'some'—but apparently not all—of the unclassified paragraphs in its submission would 'risk revealing classified information,'" the lawyers wrote.
(Excerpt) Read more at newsweek.com ...
He read the aJFK reports. Too hot to disclose. For the rest of us that is.
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial...”
I believe documents admitted into evidence must be made public.
Trump knows the information already.
“Section 4 provides in pertinent part that ‘[t]he court, upon a sufficient showing, may authorize the United States to delete specified items of classified information from documents to be made available to the defendant through discovery under the Federal Rules of Criminal Procedure, to substitute a summary of the information for such classified documents, or to substitute a statement admitting the relevant facts that classified information would tend to prove.’”
“The linchpin of CIPA is section 5(a), which requires a defendant who reasonably intends to disclose (or cause the disclosure of) classified information to provide timely pretrial written notice of his intention to the Court and the Government. Section 5(a) expressly requires that such notice ‘include a brief description of the classified information,” and the leading case under section 5(a) holds that such noticemust be particularized, setting forth specifically the classified information which the defendant reasonably believes to be necessary to his defense.’”
“The purpose of the hearing pursuant to section 6(a) of CIPA is for the court ‘to make all determinations concerning the use, relevance, or admissibility of classified information that would otherwise be made during the trial....’”
“If the court rules any classified information to be admissible, section 6(c) of CIPA permits the Government to propose unclassified “substitutes” for that information. Specifically, the Government may move to substitute either (1) a statement admitting relevant facts that the classified information would tend to prove or (2) a summary of the classified information instead of the classified information itself.”
“In order to prevent “unnecessary disclosure” of classified information, section 8(b) permits the court to order admission into evidence of only a part of a writing, recording, or photograph.”
If Smith actually has a case, one document alone should be able to justify a conviction.
If it can’t, pick another one that can.
If no document can justify a conviction, drop the case and reimburse Trump for legal expenses.
Oh...that's rich.
Unclassified paragraphs in its submission would ‘risk revealing classified information.
Names places and events can’t be reveled to expose the D party members.
The stench of the democrats always lingers when law and justice are involved.
More Lies: Biden Falsely Claimed in 2018: “I Don’t Have Access to Classified Information” – While Top-Secret Docs on Ukraine Were Illegally Stored in His Private Office (VIDEO)
1/10/2023, 4:46:52 PM · by rxsid · 30 replies
https://www.thegatewaypundit.com ^ | 01.10.2023 | Cristina Laila
Emails Show National Archives Secretly Coordinated
with Biden’s Lawyers to Retrieve Classified Docs
from the UPenn’s Biden Center in DC Before Midterms
Breitbart ^ | 2/11/23 | Wendell Husebo
Posted on 2/11/2023, 5:08:30 PM by CFW
According to House oversight Chair James Comer,
<><>the Ntl Archives was instructed
<><>by either the White House or the DOJ
<><>to hide revelations of Biden having classified documents.
<><>As Obama’s VP, Biden was not authorized to have classified documents
<><>Obama apparently gave Biden classified documents
<><>what was the reason Obama gave Biden classified documents?
The MSM reported at least three times
<><>that Biden and the DOJ agreed to hide the scandal from public view
<><>with no plans to disclose it
<><>until the scandal was leaked to CBS News on January 9,
<><>which was weeks after the initial trove was found by Biden’s personal lawyers November 2.
The emails finally released due to a FOIA request filed by Bloomberg,
<><>show the Archives secretly coordinating with and accommodating Biden’s personal attorneys to retrieve classified records.
<><>emails also show questions WRT classified materials stored in Boston and Philadelphia.
(Excerpt) Read more at breitbart.com ...
Secret Service doesn’t record visitors in Delaware
at Biden’s ‘weekend White House’ where classified docs were found
New York Post ^ | 01/16/2023 | Steven Nelson
Posted on 1/16/2023, 9:24:55 PM by SeekAndFind
WASHINGTON — The Secret Service said Monday it does not track who comes and goes from President Biden’s Delaware residence where classified documents were improperly stored — despite the 80-year-old commander-in-chief using the home as a weekend White House.
Since taking office in January 2021, Biden has made 52 trips to the Wilmington house, spending all or part of 167 days there, according to a tally by The Post.
Despite the frequency of the president’s trips home, Secret Service spokesman Anthony Guglielmi told FoxNews.com that “we don’t independently maintain our own visitor logs because it’s a private residence.”
A spokesman for the White House counsel’s office added to the outlet, “Like every president in decades of modern history, his personal residence is personal.”
Guglielmi’s statement goes beyond two previous claims made by the Secret Service last year to The Post in response to records requests for visitor information at Biden’s Wilmington and Rehoboth Beach homes.
In April, the agency said “no records were located” in response to a Freedom of Information Act request. In late September, the Secret Service denied a FOIA appeal, telling The Post again that “no responsive records” were found after an “additional search of relevant program offices.”
The Post subsequently filed on Oct. 10 a more broadly worded FOIA request asking the Secret Service for “[e]mails that refer to visitors to President Biden’s residences” during his time in office. The agency acknowledged the request but has not yet provided a substantive reply.
It’s unclear if there truly is no centralized record of who visits Biden in Wilmington, where he’s been nearly one-fourth of his days since taking office. At the White House complex itself, a computer system known as WAVES (Worker and Visitor Entry System) keeps tabs on visits.
(Excerpt) Read more at nypost.com ...
BACKSTORY U of Penn started receiving millions from Communist China in donations
right after UPenn established “The Biden Center for Diplomacy and Global Engagement” in DC.
U of Penn could not explain the sudden millions in Chinese donations.
As investigations threatened, PBS-TV reported UPenn up and gave....
unannounced and unasked.....a $100 million dollar lump sum to local Philly schools.
The Biden Center was also being investigated for unexplained Chinese donations.
Now, Rep. James Comer, chair of the House Oversight and Accountability Committee, is zeroing in on “The UPenn Biden Center” in Washington, D.C., as part of the panel’s investigation into classified documents discovered in Biden’s former office at the Center.
Comer laid out his requests in a letter to U of Penn
President and is specifically interested in learning:
<><>who had access to the Penn Biden Center,
<><>a visitors’ log of those who met with Biden at the think tank,
<><>the presence, if any, of lawful security measures WRT to viewing US classified documents
<><>who at UPenn has security clearance necessary to view classified documents
<><>whether Chinese donations to “The Biden Center” were disguised payments for classified info.
Biden’s Secret Service spox Anthony Guglielmi told FoxNews.com that
<><>the SS doesn’t independently maintain visitor logs in Biden’s Delaware home because it’s Biden’s private residence.”
The White House counsel’s office added,
<><>“Like every president in decades of modern history, Biden’s personal residence is personal.”
Oh, so does that include Mar-a-Lago, the personal residence of President Trump?
A “personal residence” which Biden had raided by his FBI stooges, supposedly to grab classified documents.....that personally belonged to President Trump, that he personally stored in his “personal residence.”
Classified documents should be made public. Even an FOUO Doc.
should be locked up in a drawer as a minimum.
Sounds like a classic case of coupdetat
If Trump doesn’t win it may be a new way of life because if he doesn’t nothing will get any better.
Jack Smith's Kangaroo Court doesn't want Trump to have access to the documents.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.