Trump Indictment Unsealed – Read It
38 Counts against Trump and his assistant.
The Indictment against Donald Trump with regard to documents at Mar-a-Lago has been unsealed. Read it below. (Pdf. here)
[More to follow]
Some excerpts:
6. On two occasions in 2021, TRUMP showed classified documents to others, as
follows:
a. In July 2021, at Trump National Golf Club in Bedminster, New Jersey
(“The Bedminster Club”), during an audio-recorded meeting with a writer,
a publisher, and two members of his staff, none of whom possessed a
security clearance, TRUMP showed and described a “plan of attack” that
TRUMP said was prepared for him by the Department of Defense and a
senior military official. TRUMP told the individuals that the plan was
“highly confidential” and “secret.” TRUMP also said, “as president I could
have declassified it,” and, “Now I can’t, you know, but this is still a secret.”
b. In August or September 2021, at The Bedminster Club, TRUMP showed a
representative of his political action committee who did not possess a
security clearance a classified map related to a military operation and told
the representative that he should not be showing it to the representative and
that the representative should not get too close.
7. On March 30, 2022, the Federal Bureau oflnvestigation (“FBI”) opened a criminal
investigation into the unlawful retention of classified documents at The Mar-a-Lago Club. A
federal grand jury investigation began the next month. The grand jury issued a subpoena requiring
TRUMP to tum over all documents with classification markings. TRUMP endeavored to obstruct
the FBI and grand jury investigations and conceal his continued retention of classified documents
by, among other things:
a. suggesting that his attorney falsely represent to the FBI and grand jury that
TRUMP did not have documents called for by the grand jury subpoena;
b. directing defendant WALTINE NAUTA to move boxes of documents to
conceal them from TRUMP’s attorney, the FBI, and the grand jury;
c. suggesting that his attorney hide or destroy documents called for by the
grand jury subpoena;
d. providing to the FBI and grand jury just some of the documents called for
by the grand jury subpoena, while claiming that he was cooperating fully;
and
e. causing a certification to be submitted to the FBI and grand jury falsely
representing that all documents called for by the grand jury subpoena had
been produced-while knowing that, in fact, not all such documents had
been produced.
* * *
24. In January 2021, as he was preparing to leave the White House, TRUMP and his
White House staff, including NAUTA, packed items, including some of TRUMP’s boxes.
TRUMP was personally involved in this process. TRUMP caused his boxes, containing hundreds
of classified documents, to be transported from the White House to The Mar-a-Lago Club.
25. From January through March 15, 2021, some of TRUMP’s boxes were stored in
The Mar-a-Lago Club’s White and Gold Ballroom, in which events and gatherings took place.
TRUMP’s boxes were for a time stacked on the ballroom’s stage, as depicted in the photograph
bdow (redacted to obscure an individual’s identity).
26. In March 2021, NAUTA and others moved some of TRUMP’s boxes from the
White and Gold Ballroom to the business center at The Mar-a-Lago Club.
* * *
32. In May 2021, TRUMP caused some of his boxes to be brought to his summer
residence at ;rhe Bedminster Club. Like The Mar-a-Lago Club, after TRUMP’s presidency, The
Bedminster Club was not an authorized location for the storage, possession, review, display, or
discussion of classified documents.
* * *
47. When.interviewed by the FBI in May 2022 regarding the location and movement
of boxes before the production to NARA, NAUTA made false and misleading statements as set
forth in Count 38 of this Indictment, including:
a. falsely stating that he was not aware of TRUMP’s boxes being brought to
TRUMP’s residence for his review before TRUMP provided 15 boxes to
NARA in January 2022;
b. falsely stating that he did not know how the boxes that he and Trump
Employee 2 brought from TRUMP’s residence to the commercial truck for
delivery to NARA on January 17, 2022, had gotten to the residence; and
c. when asked whether he knew where TRUMP’ s boxes had been stored ,
before they were in TRUMP’s residence and whether they had been in a
secure or locked location, NAUTA falsely responded, “I wish, I wish I
could tell you. I don’t know. I don’t-I honestly just don’t know.”
48. When the 15 boxes that TRUMP had provided reached NARA in January 2022,
NARA reviewed the contents and determined that 14 of the boxes contained documents with
classification markings. Specifically, as the FBI later determined, the boxes contained 197
documents with classification markings, of which 98 were marked “SECRET,” 30 were marked
“TOP SECRET,” and the remainder were marked “CONFIDENTIAL.” Some of those documents
also contained SCI and SAP markings.
* * *
52. On May 11, 2022, the grand jury issued a subpoena (the “May 11 Subpoena”) to
The Office of Donald J. Trump requiring the production of all documents with classification
markings in the possession, custody, or control of TRUMP or The Office of Donald J. Trump.
Two attorneys representing TRUMP (“Trump Attorney 1” and “Trump Attorney 2”) informed
TRUMP of the May 11 Subpoena, and he authorized Trump Attorney 1 to accept service.
53. On May 22, 2022, NAUTA entered the Storage Room at 3:47 p.m. and left
approximately 34 minutes later, carrying one ofTRUMP’s boxes.
54. On May 23, 2022, TRUMP met with Trump Attorney 1 and Trump Attorney 2 at
The Mar-a-Lago Club to discuss the response to the May 11 Subpoena. Trump Attorney 1 and
Trump Attorney 2 told TRUMP that they needed to search for documents that would be responsive
to the subpoena and provide a certification that there had been compliance with the subpoena.
TRUMP, in sum and substance, made the following statements, among others, as memorialized
by Trump Attorney 1:
a. I don’t want anybody looking, I don’t want anybody looking through my
boxes, I really don’t, I don’t want you looking through my boxes.
b. Well what ifwe, what happens ifwe just don’t respond at all or don’t play
ball with them?
c. Wouldn’t it be better ifwe just told them we don’t have anything here?
d. Well look isn’t it better if there are no documents?
* * *’
58. Between TRUMP’s May 23 meeting with Trump Attorney 1 and Trump Attorney
2 to discuss the May 11 Subpoena, and June 2, when Trump Attorney 1 returned to The Mar-aLago
Club to review the boxes in the Storage Room, NA UTA removed-at TRUMP’ s directiona
total of approximately 64 boxes from the Storage Room and brought them to TRUMP’s
residence, as set forth below: …
* * *
62. In sum, between May 23, 2022, and June 2, 2022, before Trump Attorney 1 ‘s
review of TRUMP’s boxes in the Storage Room, NAUTA-at TRUMP’s direction-moved
approximately 64 boxes from the Storage Room to TRUMP’ s residence and brought to the Storage
Room only approximately 30 boxes. Neither TRUMP nor NAUTA informed Trump Attorney 1
of this information.
* * *
69. The next day, on June 3, 2022, at Trump Attorney 1 ‘s request, Trump Attorney 3
signed a certification as the custodian of records for The Office of Donald J. Trump and took it to
The Mar-a-Lago Club to provide it to the Department of Justice and FBI. In the certification,
Trump Attorney 3-who performed no search of TRUMP’s boxes, had not reviewed the May 11
Subpoena, and had not reviewed the contents of the Redweld folder-stated, among other things,
that “[b ]ased upon the information that [had] been provided to” her:
a. “A diligent search was conducted of the boxes that were moved from the
White House to Florida”;
b. “This search was conducted after receipt of the subpoena, in order to locate
any and all documents that are responsive to the subpoena”; and
c. “Any and all responsive documents accompany this certification.”
70. These statements were false because, among other reasons, TRUMP had directed
NAUTA to move boxes before Trump Attorney 1 ‘s June 2 review, so that many boxes were not
searched and many documents responsive to the May 11 Subpoena could not be found-and in
fact were not found-by Trump Attorney 1.
Two more. pic.twitter.com/cIhksPlIgw
— Arden Farhi (@ArdenFarhi) June 9, 2023
🚨 BREAKING: Special Counsel Jack Smith speaks about the indictment of Donald Trump pic.twitter.com/gQVSsXeANl
— Benny Johnson (@bennyjohnson) June 9, 2023
——————
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REACTIONS
The last thing Trump needs is Raheem Kassam near him. This is serious. The indictment is not a joke. The evidence is significant.
This is time to listen to your freaking lawyers, not lean into public rants. https://t.co/d1W7URUsOd
— Bonchie (@bonchieredstate) June 9, 2023
My first take on this:
When an indictment is released, as in the case of President Trump, it presents a completely one-sided story developed by the prosecutor. Witnesses are not represented by attorneys, there is no opportunity for cross-examination, there is no opportunity for…
— Mark R. Levin (@marklevinshow) June 9, 2023
Fox News' favorite legal commentator Jonathan Turley: "It is an extremely damning indictment … this is not an indictment that you can dismiss" pic.twitter.com/1hE9phC7ie
— Lis Power (@LisPower1) June 9, 2023
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Comments
It shoudl clearly state that only Republicans get hammered for this. HillBully and BUYden get a pass.
There should be an Article II argument as to whether any of these statutes can even be applied to the head of the executive branch.
Trump’s lawyers aren’t that smart
They were smart enough to quit today. They must be furious that they unknowingly lied to the FBI based on the lie that Trump told them
The Federal Leviathan will tolerate no deviation from their will.
Trump needed to stuff the most sensitive sorts of national security documents into his socks and underwear and then waddled out of a SCIF with them. That’s how these things are supposed to be handled .. when they’re not stored with the Corvette and crackhead or in Chinatown.
I would really be interested to see if anything alleged in this indictment is true – I highly doubt it – and what the actual nature of the documents is supposed to be. I’m sure it’s complete BS.
Pull a “Sandy Burglar”?
If anyone wants to actually download the pdf document and read the indictment without having to deal with that idiotic pdf embed you can find a copy of the indictment at the following URL. Just copy paste it into your browser and it’ll download the pdf.
https://www.washingtonpost.com/documents/e6276c02-dfd0-428d-9731-8594c1f7261d.pdfok, now that is done all I’ll say is the indictment looks like one of those throw everything against the wall and hope something sticks kind of things and that the feds don’t really have any evidence of any illegal acts or actions on the part of Trump w/regards to classified documents. (And that the feds are hoping that Waltine vNauta will take a plea deal and turn on Trump w/state’s evidence to get out of possibly a very long term of inprisonment)
What is wrong with the embed? It seems fine to me on my computer, so please let us know what you are seeing that makes you feel it is not helpful.
The only thing I can think of is that you have to use the arrows (at the top left) to “scroll,” but that’s pretty easy to do. Is that what you mean here?
The embed is showing an error on my browser (Brave).
Thanks for letting us know. Do you think it’s your security settings?
In the meantime, try this link (if you can’t see it there, it is definitely your settings).
It showed up on that page with no problem.
I’m sure it’s me- something with default Brave security or something … but some others might have the same issue.
If it helps at all, the error I get on the PDF embed is:
“Message: structuredClone is not defined”.
Thanks for the additional info. We’ll look into it 🙂
Fuzzy: Brave bills itself as a privacy/anti-tracking browser. It’s very likely there are some security/privacy settings that don’t allow some documents/links to show normally, and may prevent file downloads.
It looks like there might be some Javascript in the embed’s source code. Privacy browsers often don’t allow or display Javascript elements unless set to their lowest security/privacy settings.
I’m not sure what LI could do from your end; Brave (and other privacy-oriented browsers) users may need to adjust settings from their end to see everything.
Just my $0.02, for what it’s worth.
Thanks so much, Archer! We want to provide our readers the best experience we can, and this is very helpful. 🙂
The embed works fine in my Chrome. It would be nice if it had a button to easily download the PDF… not a huge deal but would be a ‘nice to have’
We’re adding a link that will have a download option. I’m glad you can see it, though!
So neat and tidy. Reads like something Soviet prosecutors would write.
Incredible the lengths some will go to protect democracy and the rule of law, by any means necessary.
What really is Trump’s crime?
IMO the charges most easily proven will likely be obstruction and showing folks without need to know/clearance info that could do harm to the US. Both of those have very straightforward elements that don’t involve wrangling about classification/declassify the National Archives or anything else. If, Big IF, the info in the excerpts above in main article are true and can be proven via witness testimony, photo and video evidence it’s a big problem.
As with the example of LTG Flynn the process crimes committed during the investigation such as lying to the FBI/obstruction are what may get a conviction and/or plea v the original theory of the case brought by the DoJ. Generally speaking obstruction charges are much easier to prove than many other crimes which is why Fed Prosecutors bring them.
Again Big If and an indictment is obviously a very one sided document prepared by prosecutors for maximum value to them to present their case in the best light possible. Lots of ground to cover before any d/prog should start celebrating that they finally ‘got Trump’. Way, way to early in this for anyone to spike the ball.
The question about Trump’s “crime” was rhetorical. What did he do to deserve the persecution?
You can analyze the rest until the cows come home. This is not rocket science going on. It’s a frame job that would make the old Soviets proud.
What did he do? Initially, just exist and continue to be a thorn in the side of the regime and then he picked a bit of a fight with the lefty Archivist over who had power to control docs.
Instead of working with him to resolve the matter in a civil and professional manner which would acknowledge the Former POTUS does have arguments on his side the National Archives and DoJ got on their high horse and began an investigation. As is often the case, process crimes like obstruction are alleged to have occurred as result of the investigation and here we are.
He came down the escalator.
Pretty much then he had the gall to beat HRC and that PO the leftist to no end.
“It wuz HER TURN!”
What was the point of bringing the classified docs away with him, then fighting to retain them?
Will leave the speculation to others. Does it really matter when you are a ham sandwich?
A bunch of people have suggested he had proof re crossfire hurricane.
I don’t know.. I just hope it backfires.
There are 33 bathrooms in Mar a Lago. That takes a lot of reading material. Maybe Trump doesn’t care for crossword puzzles.
Didn’t Obama reveal some classified information to Bob Woodward, and it was determined that the declassification occurred simply by the then president uttering it.
Something to that effect.
Different Former President and different AG. Everyone may be subject to the same laws but the enforcement of those laws is very uneven and seems dependent upon political affiliation.
When a president discusses classified information with someone who is not cleared for that information, he has effectively declassified it. And yes, both Obama and Bush did that.
And probably every President in the history of Presidents.
Problem? He was no longer President when he did so, and admitted he no longer could declassify it. And did so on tape.
Obama is a saint who can do no wrong or you are a RACIST for pointing it out.
It is the difference between issuing an order to other people in words vs not issuing an order.
I have a question or two. Was there any classified national defense documents that Trump was prohibited from having access to while he held office? If not why would it now be a matter of national security and a violation of the Espionage Act for Trump to be in possession of them once he left office? Provided of course he did not have reason to believe the documents could be used to injure the U.S. or give advantage to any foreign nation.
Another question. The indictment reads that after leaving office Trump was not authorized to have the documents. This authorization was to be determined by an appropriate government official re Executive Order 13526. It reads, ” Sec. 4.1. General Restrictions on Access.
(a) A person may have access to classified information provided that:
(1) a favorable determination of eligibility for access has been made by an agency head or the agency head’s designee;”
I would argue that since the order mentions agency heads this pertains to persons under the agency head’s authority. It is rather puzzling that somehow Trump who certainly met eligibility requirements as President could now be regarded as not meeting those requirements based on an agency head determination. I am referring to documents classified under his presidency or prior to that.
Unless I missed it I do not see where Trump’s access to such documents was revoked.
I’ve re read the executive order. It should never have been applied to Trump. If you read to the section titled “Sanctions” it is obvious the order is concerned with the internal handling of classified documents by those who get a government paycheck of one kind or another. It is not a criminal statute. The person(s) mentioned in the executive order are those employees, contractors, grantees, officers, and the like who may be granted access by their boss. Not civilian outsiders.
The only part that would pertain to non-government persons is
“Sec. 4.4. Access by Historical Researchers and Certain Former Government Personnel.” (a) The requirement in section 4.1(a)(3) of this order that access to classified information may be granted only to individuals who have a need-to-know the information may be waived for persons who: (3) served as President or Vice President.”
But again sanctions are not to be applied against those needing a waiver but to those who granted access without following the proper procedures. Also I believe that the need for a waiver only applies to documents classified after the President left office. A former President wrongly being in possession of Presidential Records is not the subject of this E/O.
The whole thing is BS. Lawfare at its worst (or finest, depending on how you look at it). And since the hopelessly corrupt DOJ is driving the train, with their FBIstasi minions helping, just guess how this will turn out.
Jack Smith is a tool–but he’s the Democrats’ tool, so nothing will be done.
Since Trump is the President when he leaves office any document he takes with him even if he does not say it is “declassified” is “declassified” as it has left previous control. If it is a DoD plan or code they need to change it.
Obama has many documents under his control. As does Bush. Also Bill Clinton had some in his personal residence not secure and the Judge indicated that since he was a President under the Presidential Records Act, even in 2012 he was allowed to do whatever he wanted with it. The DOJ never attempted to appeal this.
It was clear that Hillary, Pence, and Biden had classified documents in their control in various locations that the DOJ identified but did not charge them. I would doubt this will get Trump convicted of a crime.
He was President.
He could have just stood over them and declared them “declassified”
There is no one to answer to, he is the final authority. No one to request permission from.
This just needs to go to the Supreme Court now and be done with.
Have just started reading. On your first one, #6
6. On two occasions in 2021, TRUMP showed classified documents to others,
Well he was President then and can do what ever he wants. WTF.
From my brief look, most have been process related charges. They are BS charges. This stinks to high heaven and supposedly occurred when he was President. the abuse continues. Where are the people to call this BS out?
He wasn’t president after Jan, 2021. The two occasions mentioned were July and September. (That doesn’t mean that I’m claiming that there is any real basis for the indictment.)
He was only president in ’21 until January 20th.
The meaning here obviously being that Trump as President had no power to declassify documents as he saw fit.
Whether he had them is neither here nor there. Being the final arbiter of what is declassified is the end. No one else gets to tell the President that the thing he has sole power to determine is not within his power to do so.
They are playing games here.
I don’t disagree, but the point is not the documents themselves, per se, but that Trump didn’t just hand them over when he knew they were required to be. What happened after that knowledge is what is going to be problematic for Trump. These charges are pretty damning with regard to obstruction and lying to the feds (or having his lawyers do so). Think Nixon, here. The cover-up is worse than the crime.
I am furious about this whole thing, so don’t get me wrong. I think Trump is being railroaded by a corrupt administration and a corrupt DOJ, but he kind of put himself in this spot.
What should NOT be happening is this indictment in the middle of an election cycle, that is what brings us into banana republic territory: Biden’s primary political opponent is being prosecuted while running for the opposition party’s nomination. This is NOT normal, not good, and not acceptable. This changes everything, and not in a good way. We are barrelling down a path that cannot end well for our great country, and that is far more important than Donald Trump.
Agreed. An indictment of the leading political opponent of the regime is going to take the Nation down a very dark road.
Especially when it will likely be process crimes that are most damaging, which wouldn’t have been created without a partisan Archivist and ideological DoJ run by a hack AG who decided to launch a criminal probe.
A criminal investigation much more comprehensive and far more vigorous than that of HRC and her bootleg server. A server containing thousands of emails including highly classified info which was a slam dunk prosecution that the DoJ decided not to make the case for.
but that Trump didn’t just hand them over when he knew they were required to be
The legality of those orders is open to question. Unlawful orders, even given by a judge, don’t need to be obeyed. And shouldn’t be.
Dude, the former president has to relinquish any documents to the National Archives on request. That’s not even disputed.
What you imply is that Hillary is correct to hide her communications as Sec. of State and that any president can hide from the American people anything at any time. That is . . . crazy. And unAmerican. We have a National Archives for a reason, and no president gets to pick and choose what is archived. You get that, right?
And you are missing the point here. Trump isn’t going down for keeping docs, he’s going down for lying to feds (once he was no longer president) and/or for obstruction (which seems more likely).
Fuzzy, you’re 180 degrees wrong on Presidential records vs his personal papers. I keep this as a reference:
Judicial Watch vs National Archives and Records Administration (March 2012) affirmed quite solidify that:
-The President determines what records are personal items or Presidential records
-He has full authority to do whatever he wants with his personal records
-The NARA is a subordinate agency to the President, and does not have the authority to override the President.
Some quotes from the decision
“Under the statutory scheme established by the PRA, the decision to segregate personal materials from Presidential records is made by the President, during the President’s term and in his sole discretion.”
“Since the President is completely entrusted with the management and even the disposal of Presidential records during his time in office, it would be difficult for this Court to conclude that Congress intended that he would have less authority to do what he pleases with what he considers to be his personal records.”
https://law.justia.com/cases/federal/district-courts/district-of-columbia/dcdce/1:2010cv01834/144698/13/
This is not about documents and records now. You get that, right? Tilting at windmills is fun and seems useful, but it’s still . . . tilting at windmills at the end of the day.
Failure to surrender presidential records to the National Archives upon leaving office is not a crime. Nor is it proof of espionage. Trump having records in an unauthorized location is also not proof of espionage or any other criminal intent. Showing them to others or discussing them with others is not a crime unless the specific language of the Espionage Act is met. Somebody remind me how was the FBI’s involvement justified?
Trump’s behavior once again is making him his own worse enemy. For all the claims he plays 3 level chess the man forgets it is a game best played in silence.
This is the same Jack Smith who got slammed 8-0 by the USSC whey he tried to “take down” Govener McDonnell of VA. Nothing has changed with this putz.
He wasn’t President when he showed them to the reporters and staffers. He even tells them he’s not supposed to be showing them to him
Neither here nor there M. As the President he is the final arbiter of what is and is not classified and if he says they are declassified that’s that. The assumption here is that the documents are declassified.
According to the indictment Trump himself admits this particular doc was Not declassified.
Further the whole is or isn’t declassified by Trump rodeo has no bearing on the obstruction charges.
FWIW, he has “one of his own” as judge, although the left is already howling for a recusal.
Trump did declassify it. It’s a retroactive thing, since there’s no procedure. He only has to recall his state of mind at the time, which he can at any time, including now.
I didn’t declassify it is just part of the story he’s telling at that time, to say don’t go blabbing this around. Nevertheless he declassified the document.
The language is full of retroactive things, e.g.
“575. When I sat down on this chair, of course I believed it would
bear me. I had no thought of its possibly collapsing.” Wittgenstein
I believed does not describe a believing but is a retroactive token in an account.
This goes unnoticed, as does Trump’s account to his friends.
That’s the source of the feeling that an ex-President can say what he wants regardless of legislative branch actions.
I do believe a law requiring all Presidents have their memories wiped upon leaving office is needed. After all How can we be sure they won’t simply remember details of classified documents even if the actual folders aren’t in hand? If they are a security threat for being in possession of documents they formerly had full access to they are a security threat for keeping them in their memory bank.
Biden is taking care of that all by himself. Total brain wipe.
A quick job is there ever was one.
I spent much of my life handling classified, including TS. When I left service, I agreed not to speak about classified and to have any books, etc that I wrote cleared by the government to make sure I didn’t accidentally reveal classified. And I sure as heck didn’t bring any home with me as souvenirs. I also never transferred any from classified servers to an unclassified server in my basement. Still, “Other people got away with it” isn’t a good argument in court.
“Other people got away with it” doesn’t even work with speeding tickets. I am guessing you were responding to my post about the Presidential Records Act. I was correct that failure to surrender Presidential Records to National Archives is not a crime. There are statutes regarding removal of federal documents that do carry criminal penalties. But those are not called out in the indictment.
Instead he is being charged under the Espionage Act.
I have yet to have it explained how Trump’s possession of Presidential Records which includes classified records would be a violation of the Espionage Act when the Presidential Record Act states, “the Presidential records of a former President shall be available to such former President or the former President’s designated representative.”
Being allowed to ask for the records does not equate to being able to keep them. The espionage act applies to national defence docs which Trump clearly retained. None of this is difficult. It’s a substantive case with, as far as I can tell, zero defence.
You are wrong. That is the only rebuttal your comment is worthy of.
It’s fact, get over it. The documents belong to the government. The PRA gives rights of access not rights of ownership to former presidents. That how the law operates.
Of course, the real issue here is that a bunch of traitors who hate this nation, give aid and comfort to just about every enemy this country has, and are actively waging war on America (from many different angles – more than a few right out in the open) are accusing an actual patriot who loves America of espionage and somehow working to harm the nation. It would be laughable if the destruction they are carrying out wasn’t so serious and dangerous (to this and many future generations).
Jack Smith but on a comedic show with his “the law applies to everyone” comment
Agreed. It may apply to everyone but in cases of high profile political or govt officials the law seems to be enforced very unevenly with d/prog skating by unscathed while everyone else goes directly to jail and do not collect $200.
It didn’t apply to Hillary Clinton.
It did apply to Bryan Nishimaru however.
https://www.navytimes.com/news/your-navy/2015/07/30/navy-engineer-sentenced-for-mishandling-classified-material/
Note the date that one is a year before Comey decided to let Hillary go
Furthermore the year the FBI let Hillary go
https://en.wikipedia.org/wiki/Harold_T._Martin
You could easily see that while they are selective in avoiding indicting Democrats they do actually enforce the law they are enforcing against Trump.
I think they have a problem with paragraph 4. That paragraph would work against Joe Biden when he was VP, but not a President.
Biden has not been indicted.
And never will be, having that D after your name has its uses. Mainly for fucking children and selling out your country.
Who gets to say a President’s plenary right to declassify documents or decide which are personal or not, is unauthorized?
The key point is demonstrating he actually did it whilst in office. Nor does that actually matter since its contents of the document in relation to being national defence docs that’s important not there classified status.
A “nation of laws”
In many ways the ‘nation’ ceased to exist when its government, by its actions-‘laws’ notwithstanding-declared the border non-existent.
“laws’ on the other hand, by any other name, in all their convoluted, twisted, vague, contradictory forms and iterations, derived by, issued by, originating from, simply declared, or seemingly springing forth as by spontaneous generation, are enforced, unenforced, or simply ignored whimsically or willfully on the part of the the current installed self-righteous, self-appointed deity, frequently accompanied by the trumpeting of choirs of angels.
Nation of laws, indeed.
I have since read, but do not know, that the alleged tape is not in the possession of the prosecutors.
I remember chasing rabbits like this in 2015, when I commented that the incessant, outrageous lying of the Democrats was going to backfire.
I will continue to focus on election integrity.
What I find puzzling is the contention that the failure of Trump to comply with the request of the archivist for the documents to be returned somehow morphs into a violation of the espionage act. I conclude it does not. (I am pretty sure that is how this all started.)
The documents (classified or not) Trump had possession of are rightly regarded as presidential documents and are to be turned over to the archivist. No provision however is made of any penalty for not doing so in a timely manner.
Under the Presidential Records Act we read, “(3) the Presidential records of a former President shall be available to such former President or the former President’s designated representative.” Since the files at Mar a Lago are presidential records (after all the national archivist has claimed they are) then those records the former President shall be made available to him. That certainly would not be part of the act if it was presumed the former President did not such authority or it excluded classified material. Why would a former President be prohibited from material he had full access to while in office?
The executive order cited as evidence Trump violated the Espionage Act (since he was not granted a waiver giving him authority to possess those classified documents) does not make sense if they truly are part of the presidential record. It makes sense that Trump’s access to documents classified after he left office (or not originating with him) would be restricted and subject to approval.
The act provides no penalties for failing to comply The executive order lists sanctions but not criminal penalties. That is probably why DOJ used the allegation that Trump violated the act to charge him under the Espionage Act which does provide for lengthy prison sentences. Yet it should no be assumed the two shall be intertwined. It is quite possible for an unauthorized person to be in possession of classified documents and not be engaged in espionage.
Re: The sanctions under the executive order. If you read who is subject to sanctions “(b) Officers and employees of the United States Government, and its contractors, licensees, certificate holders, and grantees shall be subject to appropriate sanctions if they knowingly, willfully, or negligently…”
and the possible sanctions, “Sanctions may include reprimand, suspension without pay, removal, termination of classification authority, loss or denial of access to classified information, or other sanctions in accordance with applicable law and agency regulation.”
Considering the above it is obvious to me that the Executive Order is concerned with the internal handling of classified documents and is not meant to be the equivalent of a criminal statute. It should not be applied to Trump. Were there no other laws that could be applied to Trump simply having possession of the documents? If so why were these not used? More likely applying this act was a convenient way of getting to accusations Trump violated the Espionage Act.
You know that the charges are contrived because the Indictment shifts back and forth between documents marked classified, and classified documents. Throughout, there is the implied assumption that documents marked classified, are indeed classified. But, of course, with a current, or exp former, POTUS, with plenary and unfettered declassification authority while in office, that is not necessarily, and likely is not, the case.
Something else. A point was made in the Indictment that Trump was no longer authorized to have or view classified documents. That’s quite convenient. However, former Presidents, Cabinet officials (like Crooked Hillary), and other top officials routinely retain their security clearances after leaving office. I expect that Obama, GW Bush, and Bill Clinton still have top secret security clearances. Why doesn’t Trump? We know the answer to that – it was apparently removed on orders of Biden (or at least using his power). Why would the Biden WH have ordered that? In retrospect – in order to file this case.
Trump demonstrated almost day one he was a liability with classified docs. Hence Biden removing clearance. Given the evidence that decision seems justified.
The classification of the documents is legally a red herring. The import is whether they were national defence docs under law. Which they clearly are.
Something else. Notice what wasn’t in the Indictment – any mention of the documents marked classified that Trump formally ordered declassified. The documents that implicated the Counterintelligence Division of the FBI and National Security Division at the DOJ for their malfeasance (as disclosed by 2 Special Counsels and the DOJ .IG) and illegal actions, in their RussiaGate “investigations”. These were almost assuredly the documents marked classified that they knew that Trump had when they raided MAL. They knew that he had them, and they knew that they hadn’t been marked as declassified. They knew all this because it is very obvious that the NSD and CD were driving the raid in the first place, and were involved all the way through, because they are the ones with the security clearances to review the documents for classified information.
Also, remember the close working relationship between them and the LawFare Group, and esp it’s head, Benjamin Weiss. It was his creative misinterpretation of the same §1001 Obstruction of Justice statute cited against Trump here, in order to prevent any investigation or review of their RussiaGate “investigation”, including the AG, IG, and Congress. And used against LTG Flynn and several others. You can see their fingerprints here, by the eliding over the two Obstruction requirements that they read out of the §1001 statute earlier – Intent and Materiality. As many here remember, it was only when Barr was confirmed as AG, that this deliberate misreading of that statute was shut down, and after that, the Mueller Investigation, that was relying totally on it to stay open, having determined the year before that there had never been any collaboration between Trump and the Russians. It had morphed completely into a §1001 perjury trap witch hunt, which wasn’t in the Mueller Investigation mandate.
I was curious and decided to look for other indictments that mentioned executive order 13526 and 18 USC 793. I came across the “Assange superseding indictment” Where I noticed some interesting differences.
First there is how a violation of the executive order is referenced,
a. From Trump’s indictment, “17. Pursuant to Executive Order 13526, information classified at any level could be lawfully accessed only by persons determined by an appropriate United States government official to be eligible for access to classified information and who signed an approved non-disclosure agreement, who received a security clearance, and who had a “need to know” the classified information.
compare this to
b. Assange indictment, “… under the Executive Order,classified information can generally only be disclosed to those persons who have been granted an appropriate level of United States government security clearance and possess a need to know the classified information in connection to their official duties.”
That last sentence is important as it shows the E/O is meant to apply to government employees, and such. Then there is a comparison of the actual counts.
From the Trump indictment,
“Count 1, Top Secret/NOFORN/SPECIAL HANDLING Document dated May3, 2018 concerning White House intelligent briefing related to various foreign countries.”
Count 7 “SECRET/NOFORN, Document dated October 21, 2018, concerning communications with a leader of a foreign country”
From the Assange indictment,
“COUNT 1 (Conspiracy to Obtain, Receive, and Disclose National Defense Information)
1.1. To obtain documents, writings, and notes connected with the national defense, for the purpose ofobtaining information respecting the national defense—^namely,detainee assessment briefs related to detainees who were held at Guantanamo Bay, U.S. State Department cables, and Iraq rules of engagement files classified up to the SECRET level—^and with reason to believe that the information was to be used to the injury of the United States or the advantage of any foreign nation, in violation of Title 18, United States Code, Section 793(b);”
Count 18, Conspiracy to Commit Computer Intrusion, “to knowingly access a computer, without authorization and exceeding authorized access, to obtain information that has been determined by the United States
Government pursuant to an Executive order and statute to require protection against unauthorized disclosure for reasons of national defense and foreign relations, namely, documents relating to the national defense classified up to the SECRET level, with reason to believe that such information so obtained could be used to the injury oft he United States
and the advantage of any foreign nation,…”
I know the above excerpts are long but I wanted to show how detailed they are. The full document is here,
https://www.justice.gov/opa/press-release/file/1165556/download