June 12, 2023

On the Documents Case

Timothy Birdnow

This from the good folks at Conservative Treehouse:

First, it is important to always remember why this indictment is taking place. The DOJ, specifically Lisa Monaco, are continuing the offensive against Trump in large part to cover for the actions of the Obama administration in the originating targeting of their political opposition. Originating Spygate operations (’15-’16), Russiagate (’16-’17), Mueller (’17-’19), Impeachment #1 (’19-’20), Durham (’19-’23) and Jack Smith ’22-present, are all part of one long continuum of weaponized DOJ and FBI operations. The entirety of the effort is to protect the actions taken by the Obama administration. [Note to congress: Questioning Durham this month is defense key #1]

The statutory weaknesses existing in the case as outlined in the indictment.
The first two defense approaches will likely be:
(1) the Presidential Records Act supersedes the issues of document holding as noted in the use of the Espionage Act.
(2) However, if the Espionage Act [Statute 793(e)] has to be defended, the originating issue of "unauthorized possession” will be the second approach heading to the 11th Circuit Court of Appeals.

Putting aside the fact that classification is irrelevant to the statute being used, within the indictment please notice how the DOJ states 102 classified documents [pg 27], some that were never marked classified as noted in the indictment [count 11, page 30] but defined as classified after DOJ review, were discovered after the Trump affirmation of compliance in July 2022.

This is the predicate for the FBI raid. Again, a total of 102 documents were identified as classified by the FBI/DOJ.

They were unable to use classification status as a legal mechanism to attack President Trump; instead, they use the non-production as an evidence enhancement to the ridiculous claim that Trump lied to them (sec 1001); but notice how there are only 31 documents [31 counts] outlined as national defense security issues. This would mean approximately 70 classified documents are memory holed by this special counsel.

70 defined "classified” documents retrieved, no description provided, those documents not a part of any legal contention – they just disappear. I suspect we know what those sets of documents pertained to, and they have everything to do with DOJ and FBI conduct in Russiagate.

Be of good cheer, this indictment will likely not get past the first defense challenge, The Presidential Records Act.
We just need to hear Trump's explanation of why he revealed the content of one classified document regarding Milley's plot to militarily attack Iran. Hopefully simply a mistake/error.

Posted by: Timothy Birdnow at 09:08 AM | No Comments | Add Comment
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