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6 Reasons DOJ’s ‘Get Trump’ Documents
Case Is Seriously Flawed

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Posted By: Moritz55, 6/16/2023 12:31:34 PM

am a former assistant U.S. attorney, worked on two Supreme Court confirmations, and clerked for two federal appellate judges. I have reviewed the indictment brought by Special Counsel Jack Smith in the documents case against former President Donald Trump, and have serious concerns with the way this case is being framed in the public and with some aspects of the way the prosecution itself is being conducted. Here are six major issues I see that need to be addressed by the special counsel’s team. 1. Interplay Between the Espionage Act and the Presidential Records Act.

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Reply 1 - Posted by: Strike3 6/16/2023 12:40:21 PM (No. 1493283)
I count 37 reasons but no sense quibbling over a worthless piece of paper or two.
12 people like this.

Reply 2 - Posted by: EJKrausJr 6/16/2023 1:00:37 PM (No. 1493297)
They are trying to get 45 through death by legal paper counts. This is political persecution 101. This is Joey Baby's attempt to eliminate his political opponent. There are no surprises here. Watch out for the attempt to move the trial from Florida to NJ, DC or NYC. Josef Stalin is smiling from his cell in hell.
17 people like this.

Reply 3 - Posted by: Venturer 6/16/2023 1:04:49 PM (No. 1493300)
It's a travesty of Justice and another Democrat dirty trick. My only hope is that when Biden loses the Republicans go after him like the Democrats have gone after Trump. So very angered that 20 Republicans let Schiff slide. I wish there was a decent party to join. I am done with the two that now exist.
22 people like this.

Reply 4 - Posted by: terrywhite 6/16/2023 1:08:31 PM (No. 1493304)
Please forward this article to Karl Rove.
15 people like this.

Reply 5 - Posted by: judy 6/16/2023 1:15:50 PM (No. 1493310)
Send Trump hater Barr a copy…..
15 people like this.

Reply 6 - Posted by: mifla 6/17/2023 4:55:36 AM (No. 1493704)
The goal is to keep him out of the 2024 race. A prison sentence would be just icing on the cake. Gotta hand it to the Dems, they are going to win this one. I only hope Joe gets taken down by Comer.
4 people like this.

Reply 7 - Posted by: MakingSense 6/17/2023 7:59:09 AM (No. 1493763)
#6 Read this. The DOJ document case against Trump is doomed. https://thefederalist.com/2023/06/16/six-reasons-dojs-legal-case-against-trump-is-seriously-flawed/
4 people like this.

Reply 8 - Posted by: msjena 6/17/2023 8:13:53 AM (No. 1493768)
The case is seriously flawed. As I read 18 USC 793(e) of the Espionage Act, the prosecution must establish that that the defendant 1) reasonably believed the documents could be used to the injury of the US, 2) willfully delivered them to someone not entitled to receive them; or 3) wilfully retained them and failed to deliver them to the person entitled to receive them. Without knowing what is in the documents, it's hard to know if they can meet the first element. There is no allegation about the second element, which clearly covers spying. As for the third element, the only person arguably entitled to received the documents is the Archivist. And that depends on the interpretation of the Presidential Records Act. Cases say that the former President decides what is a Presidential Record that has to be turned over, so the case will turn on whether the Archivist was in fact entitled to receive the documents. However, there are no criminal penalties associated with the PRA, which was enacted long after the Espionage Act. The Special Prosecutor is bootstrapping a case that should have been settled by negotiation and, if necessary, civil litigation, into a criminal case.
4 people like this.

Reply 9 - Posted by: NeonVortex 6/17/2023 8:15:35 AM (No. 1493769)
Can we just cut through the b*******? These lawfare thugs don't give a damn about National Security. Anybody with a functioning brain cell knows this. This is politics pure and simple. And they will lose.
6 people like this.

Reply 10 - Posted by: walcb 6/17/2023 9:02:08 AM (No. 1493798)
#5 reason, why now? Because this case is about damaging Trump in the election not about winning but just in case #6 reason, hire Smith because even though his decision against McDonnell was unanimously overturned he did win the conviction and did do damage to McDonnell.
2 people like this.

Reply 11 - Posted by: msjena 6/17/2023 11:24:29 AM (No. 1493897)
Also, the allegations about classified documents is a red herring. Classified documents, if they have to be turned over, go to the National Archives pursuant to the Presidential Records Act. The Archivist, not the agency that classified them, then has the power to declassify them or not. This is confirmed in the Executive Order the indictment relies on. If Trump improperly kept classified documents from the Archivist, that is a civil, not a criminal, matter.
2 people like this.

Reply 12 - Posted by: Zigrid 6/17/2023 11:59:08 AM (No. 1493923)
Okay folks....so why attempt such a farce...it's their last ditch effort at stopping President Trump...threating 100 years in prison is suppose to stop him...and WE the people....from moving forward...Rachel Maddcow is right...they are hoping President Trump and his followers will throw in the towel...saw Bobby Jr. on tv last night...and he's not concerned about Serhan/Serhan being released from prison now...hmmmm.... wonder why the government is releasing the man who killed his father at this time....because folks...he's starting to climb in the polls and biden is threatened....well his keepers are...he just eats his ice cream and fondles women when he can....
5 people like this.

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