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Jack Smith, Andrew Weissmann and Lisa Monaco’s Novel Theory – US Code 793 to Prosecute Trump, It Won’t Work
The Conservative Treehouse - The Last Refuge ^ | June 7, 2023 | | Sundance

Posted on 06/07/2023 9:50:07 PM PDT by E. Pluribus Unum

…At a certain point Lawfare fails.

Do you remember the prosecution “Witness #8” in the case against George Zimmerman? The person described as Trayvon Martin’s “girlfriend” who was claimed by FOUR state prosecutors to be the star “ear witness” against Zimmerman.

Do you remember how we waited month after month, laughing at how the State of Florida was relying upon their one key witness, and we all knew it was totally made up?

Do you remember the buildup, the drama, the media’s breathless anticipation, and the eventual beverage that flushed out of your nose in laughter when the State called Witness #8, and brought Rachel Jeantel to the stand?

Not only did she have no clue about any detail the prosecution was saying, she didn’t fit any of the profile that was claimed to be her importance in the case.  And… not only could she not read the statement the State of Florida claimed she wrote (she didn’t), Jeantel didn’t even know Trayvon Martin.  She was completely manufactured by the prosecution because her mom was a friend of Trayvon’s mom.  Everyone wondered how the hell the prosecution could even put her on the stand. Remember that?

The reason they put her on the stand was because the prosecution and Trayvon’s family had no choice.  For over a year, they had hyped up this imaginary “ear witness” in an effort to convince Zimmerman to take a plea deal.  That was the purpose of the fabrication, and when George Zimmerman didn’t take the plea – when he forced the prosecution to put Witness #8 on the stand – the case collapsed, because the case was manufactured.

When people ask me about the DOJ and/or Jack Smith bringing an indictment against President Trump, in many ways I laugh while waiting for the DOJ to bring a proverbial Jeantel to the court.  The DOJ has to indict Trump for the same reason Angela Corey had to put Jeantel on the stand.  Their political narrative cases have to continue regardless of the evidence.  Lawfare is a construct for media consumption intended to manipulate public opinion.

Technically Lawfare doesn’t need an actual viable legal argument behind it.  Much like Zimmerman’s imaginary witness #8, Lawfare can be assembled out of loin cloth.  However, at a certain point that legal fabrication runs into the reality of a judicial system it is not designed to defeat.

If the leaks to the media are accurate, WE WERE RIGHT!

Main Justice and DOJ special counsel Jack Smith have run head-first into the problem that President Trump declassified all the documents he retained in Mar-a-Lago.

Again, if the media reports are accurate, Jack  Smith is now relying on 18 U.S. Code 793, a law created in 1948 intended to stop contractors to the Defense Dept from stealing, selling, or copying U.S. defense system secrets, or patents on defense products. [READ THE LAW]

Here is how the media are putting it:

The Independent has learned that prosecutors are ready to ask grand jurors to approve an indictment against Mr Trump for violating a portion of the US criminal code known as Section 793, which prohibits “gathering, transmitting or losing” any “information respecting the national defence”.

The use of Section 793, which does not make reference to classified information, is understood to be a strategic decision by prosecutors that has been made to short-circuit Mr Trump’s ability to claim that he used his authority as president to declassify documents he removed from the White House and kept at his Palm Beach, Florida property long after his term expired on 20 January 2021.

That section of US criminal law is written in a way that could encompass Mr Trump’s conduct even if he was authorised to possess the information as president because it states that anyone who “lawfully having possession of, access to, control over, or being entrusted with any document …relating to the national defence,” and “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” can be punished by as many as 10 years in prison. (LINK)

Main Justice is now stretching Code 793 to claim any document the government designates as a “national security document” is a national defense document.

I am almost certain this is because the 11th circuit court of appeals ruled the DOJ can label whatever it wants, in any form it wants.  As long as the DOJ claims it is a national security interest, it becomes a national security interest.  This ruling came from the arguments over the Mar-a-Lago documents. REMEMBER:

[SOURCE]

If the DOJ says a box of Cheerios is a national security threat, the Judicial Branch accepts that all Cheerio boxes are proffered national-security concerns.   It doesn’t matter what the Trump documents are, as long as the DOJ can claim they are vital national security interests.

In the previous ruling of the Mar-a-Lago documents, the 11th Circuit Court of Appeals did what the Foreign Intelligence Surveillance Court (FISC) does with the DOJ-NSD and any matters defined by the originating Main Justice officials as “national security.”   The 11th Circuit deferred all definitions to the DOJ.

The DOJ is granted legal benefit of the doubt on all matters of national security, which puts the DOJ-NSD in ultimate control over the star chamber they operate.

[NOTE: In the post 9-11 surveillance state, this approach by the DOJ-NSD is a pillar holding the Fourth Branch of Government in place, as we have outlined.  The other pillars are (2) the Dept of Homeland Security, (3) the Office of the Director of National Intelligence, and (4) the secret FISA Court system.  All four pillars maintain an omnipotent fourth branch of government that operates entirely without oversight.  As you can see in the 11th Circuit Court ruling, there is no check or balance in the post 9-11 national security state.]

However, their target isn’t an ordinary citizen or target.  The target of these “definitions”, and make no mistake – ultimately this is what the case comes down to, definitions – is the former President of the United States who had unilateral authority to define anything he wanted.

The case against President Donald Trump might look bad on paper, because that is what the case against Donald Trump was designed to do.  However, ultimately this case is on a trajectory to go up to a much higher court in discovery and pre-trial argument, because eventually these definitions are going to become an issue for the prosecution.

♦ THE TELL – Here’s the “tell” that every pundit, analyst and litigation expert will pretend they don’t notice.  It’s the funniest part of the entire thing and yet no one, again except us, is noticing it.  The DOJ has already predicated the baseline of their claim by saying they cannot tell anyone, even the court, what the nature of the documents are that underpin their assertion.  Remember, they wouldn’t even let a court appointed “special master” review the documents.

Stop and think about that for a moment.  NO ONE knows what the documents are, and the DOJ has stated they will never say what the documents are.  The DOJ is filing a case about the mishandling of documents, in whatever legal construct they put forth, while simultaneously saying they are under no obligation to tell anyone what the documents are.

DOJ: Trump violated USC 793 in his discussion and/or handling of documents.

Trump Lawyers: What documents?

DOJ: We can’t say, and we won’t tell you.

😂🤣😂

The case against George Zimmerman looked bad when everyone thought Witness #8 was real.  Hell, almost the entire country believed it.

This case against President Donald Trump is of a very similar Lawfare intention in construct.


TOPICS: Crime/Corruption; Government; Politics/Elections
KEYWORDS: 18uscode793; code793; coup; doj; harassment; jacksmith; jeanteal; maralago; persecution; trump; trumpdocuments; trumpindictment
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1 posted on 06/07/2023 9:50:07 PM PDT by E. Pluribus Unum
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To: E. Pluribus Unum

Well, let them get the photo. He’ll be brought in, get a mugshot, and everyone with any sense of decency will realize that he’s not doing this for himself, but for his country.

This isn’t the country I was born into.


2 posted on 06/07/2023 9:54:48 PM PDT by struggle
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To: E. Pluribus Unum

Witness #8. “ I don’t do cursive”. 😆


3 posted on 06/07/2023 10:09:58 PM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: E. Pluribus Unum

“a)Whoever, for the purpose of obtaining information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the United States, or to the advantage of any foreign nation...
(b)Whoever, for the purpose aforesaid...
(c)Whoever, for the purpose aforesaid...
(d)Whoever... 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
(e)Whoever...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
(f)Whoever... (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—”

https://www.law.cornell.edu/uscode/text/18/793

As President, Trump had no superior officer.


4 posted on 06/07/2023 10:13:55 PM PDT by Brian Griffin
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To: Brian Griffin

(a)-(e)
to the injury of the United States -NO
to the advantage of any foreign nation - NO
(f)
through gross negligence - NO
...to his superior officer - NOT POSSIBLE as Trump was the President


5 posted on 06/07/2023 10:22:11 PM PDT by Brian Griffin
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To: E. Pluribus Unum

The reason they won’t let anyone know what was in the documents is because they all pertain to the dirty-dealing of the FBI and DOJ with Crossfire Hurricane.


6 posted on 06/07/2023 10:48:16 PM PDT by mass55th ("Courage is being scared to death, but saddling up anyway." ~~ John Wayne )
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To: E. Pluribus Unum

This is hilarious.

The DOJ believes they can decide the national security import of a document more then the President?

Beyond laughable. And this deranged partisan freak and his Michelle struck wifey think they can drag the President through this?

Delusions of a grandeur. On a galactic scale.


7 posted on 06/07/2023 11:06:30 PM PDT by Regulator (It's fraud, Jim)
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To: E. Pluribus Unum

These Trump scandals are directed at a certain political demographic, the educated urban voter that has been doing rather well financially since the “Camelot guy” got elected.

The Republican “scandals” that have taken off since the Watergate take down are just the way the game is played in D.C.
It doesn’t matter if it’s Nixon,Reagan,Bush,or Trump the scandal machine about the “evil republican conservative nazis” marches on.

These scandals are about making money.
Who is going to buy the 10th edition of the Mueller Report with new unredacted material?

It won’t be members of Free Republic, it’ll be some parasite that’s been pulling a government paycheck, while living in DC his whole life.


8 posted on 06/07/2023 11:16:33 PM PDT by unclebankster ( Globalism is the last refuge of a scoundrel.)
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To: E. Pluribus Unum

Reading this piece makes me happy and smile. :)


9 posted on 06/08/2023 12:02:57 AM PDT by 4Liberty (Dems loot & riot -called "protesting" by media. Repub's protest -called "looting & rioting" by media)
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To: Regulator

I think it’s a sign of the times....since the 1960s, lawyers have been heavily prone to just manufacture an intense case without any real evidence, and just talk their way to a point where the lawyer-cost and potential troubles don’t make sense, so you admit guilt.

Best case of this? Sirhan-Sirhan. His own lawyer went this way to convince him of the ‘deal’....yet he remembered almost nothing of the shooting of RFK, and spoke of being heavily drunk. No one from his family ever noted him drinking alcohol, which made this unlikely.


10 posted on 06/08/2023 12:07:41 AM PDT by pepsionice
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Circle back to warfare piece


11 posted on 06/08/2023 12:41:44 AM PDT by thinden (buckle up ....)
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To: E. Pluribus Unum

The timing is such that Trump could get elected before being found guilty. He could pardon himself. That would be a hoot.


12 posted on 06/08/2023 1:01:15 AM PDT by DeplorablePaul
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To: E. Pluribus Unum

The enemies army


13 posted on 06/08/2023 2:46:21 AM PDT by ronnie raygun
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To: E. Pluribus Unum
as long as the DOJ can claim they are vital national security interests.

Not the military claims that they a national security interests to the DOJ? No, the DOJ now decides on national security interests? I know they have that double secret group who apparently only goes after Deep State targets, but it appears that different departments do not guard their own turf.

What a scam……..

14 posted on 06/08/2023 2:47:04 AM PDT by Lockbox (politicians, they all seemed like game show hosts to me.... Sting)
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To: Georgia Girl 2
Witness #8. “ I don’t do cursive”. 😆

That was the funniest moment ever in a trial. Sad but not even a Hollywood court show would come up with that one to get the defendant off….

15 posted on 06/08/2023 2:49:45 AM PDT by Lockbox (politicians, they all seemed like game show hosts to me.... Sting)
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To: E. Pluribus Unum

THRUPLE of PURE EVIL!! As is ALL the OTHER DEMOCRATS!!


16 posted on 06/08/2023 3:02:42 AM PDT by Ann Archy (Abortion....... The HUMAN Sacrifice to the god of Convenience.)
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To: mass55th

I disagree …. The reason they wont telll anyone what the docs are is because theyre nothing. Not attack plans, not nuke codes, not CiA agents lists…. Most likely benign letters to world leaders…. Daily briefs……empty folders….

The other issue is…..How is Joe Biden not guilty of the same exact thing? Set an easy precedent does it not?


17 posted on 06/08/2023 4:11:05 AM PDT by MrRelevant
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To: Georgia Girl 2
Witness #8. “ I don’t do cursive”. 😆

Woo boy, does that bring back memories ...

18 posted on 06/08/2023 4:24:40 AM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: usconservative
Woo boy, does that bring back memories ...

LOL! Yup. My favorite was: "That's tarded. That's just real tarded."

19 posted on 06/08/2023 4:31:50 AM PDT by Sirius Lee (They intend to murder us. Prep if you want to live and live like you are prepping for eternal life)
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To: E. Pluribus Unum

When the Uniparty kangaroo court fails to give RdS the nomination, what will RdS do with all of that Uniparty cash he has collected?


20 posted on 06/08/2023 4:32:51 AM PDT by hardspunned (Former DC GOP globalist stooge)
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