It Begins, DOJ Files Motion to Limit President Trump’s Ability to Defend Himself
I am correct about the documents grabbed.
I am correct about the nature of the DOJ/FBI intentions and motives.
I am correct about the Lawfare manipulation of the material to present the illusion of illegal where nothing illegal is taking place…
…and I am increasingly certain that Mary McCord is part of TEAM Jack Smith!
Wait for it!
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.
Some baselines are needed to understand what is happening.
First, the National Archives and the DOJ did not demand a return of Classified Documents. They requested a return of documents containing classification markings. These are two entirely different things.
Most documents containing classification markings are not classified documents; yet, most classified documents contain classification markings. Additionally, one of the documents used by Jack Smith in his indictment [COUNT #11] contained no markings at all.
Second, it is critically important to remember that throughout the legal issues in the aftermath of the Mar-a-Lago raid, the DOJ has viciously denied any responsibility to describe the classified documents they claim to have retrieved. In fact, the DOJ has fought against any entity, including the court appointed “special master”, from being able to look at the documents the DOJ *previously* claimed were either classified, or, vital to national security. {GO DEEP}
Because there is a very specific type of Lawfare taking place with words, it is critical to see the value in what former HPSCI Chairman Devin Nunes has stated about the way the language is being deployed. Now we turn to the testimony of the national archivist office, and here is where it gets really interesting.
♦ During testimony to the House Permanent Select Committee on Intelligence, the National Archives and Records Administration (NARA) officials were asked specifically about Trump documents and how they could *KNOW* fulsome return of documents had not taken place. The response from the NARA officials is enlightening:
[Source pdf, testimony transcript – page 43 and 44]
Notice that NARA had knowledge these documents were in the possession of Trump and were pertinent to their archive retrieval. It was interesting at the time that NARA would know the content of the President Obama letter, and further interesting they would know there was more than one piece of correspondence between President Trump and Chairman Kim [Jong-un]. CNN even wrote about it HERE.
[Irrelevant note: Mr Bonsanko got the name wrong, Jong-il is dead]
Reminder, keep in mind the DOJ ferocity in not wanting anyone to know what documents they retrieved and/or defined.
We know, from President Trump describing the letter left to him by the former president, that Obama told Trump in the letter that the number one foreign policy and intelligence threat perceived by Obama (at the time of his exit) was a nuclear armed North Korea. This is where you overlay the Jack Smith writing in the indictment of national defense secrets and nuclear security issues.
We know, from President Trump speaking publicly about his communication and diplomacy with Chairman Kim Jong-un, that the two leaders exchanged letters relating to aligned national security interests that centered around DPRK nuclear ambitions and status.
Trump and Kim formed a geopolitical truce, a friendship of sorts, based on respect and trust around the nuclear issue. Chairman Kim decreased hostilities; President Trump no longer used inflammatory language about “Little Rocket Man.” A diplomatic détente was created.
NARA was looking for the letter written by Obama that described DPRK nukes, and NARA was looking for letters between Trump and Kim that touched on DPRK nukes.
Now, does the wording in the Jack Smith indictment that pertains to “nuclear concerns” and “national security matters” make more sense?
Would all of this “nuclear national defense” hullaballoo really stem from President Trump not giving up personal letters written to him by President Obama and Chairman Kim? YES! Would President Trump even characterize those letters as government property? NO!
♦ The indictment accuses President Trump of withholding documents containing “classified markings,” a very specifically deployed obtuse wording intended to create the implication of something nefarious where nothing nefarious exists. It is entirely possible for a person, any person, especially a person who follows the news, to possess documents containing “classified markings.”
There is a big difference between a classified document and a document containing classified markings. As an example, anyone who has looked at the Carter Page FISA application, made public in July 2018, has reviewed a document containing “classified markings.” When a document is declassified, they do not remove the markings.
This language is the underpinning of the entire DOJ/FBI framework that predicated the raid on Mar-a-Lago. Specifically, neither NARA nor the DOJ-NSD requested President Trump or his team to return Classified Documents. The DOJ demanded the return of any documents that contained “classified markings.” [SEE BELOW]
Because the verbiage is so intentionally obtuse (ie. Lawfare), a fulsome production in compliance with this DOJ demand would include any newspaper or magazine articles that had a picture of the Carter Page FISA application, or any printed online article that might contain the same or similar elements. There is a big difference between asking for a classified document return, and asking for a return of documents that contain “classified markings.”
Can you see the way it unfolds? Of course, when you apply the Lawfare lingo, an approach entirely based on maintaining the targeting of Trump, then suddenly the seemingly innocuous becomes horribly nefarious.
In order to pull this off two things would be needed: (1) the DOJ would need to write about it in a certain way in the indictment√; and (2) simultaneously, the DOJ would need to stop anyone from viewing the actual documents, as they misleadingly described them√. Hey, wait… that’s exactly what they did.
♦ In a previous court ruling by the 11th Circuit Court of Appeals, the court ruled in favor of the U.S. Dept of Justice – National Security Division (DOJ-NSD), and blocked the lower court order instructing a Special Master to review the DOJ claimed, “classified documents.” [pdf Ruling Here]
Essentially the order of the appellate court was based on the DOJ defining Trump’s Mar-a-Lago documents as “classified” and “vital to national security”, and the court’s determination said they have no authority to question the decision of the executive branch when it comes to how they DEFINE matters of national security.
The court (judicial branch) openly stated they defer to the DOJ (executive branch) regarding any/all claims of harm to national security that may be caused by a review of documents the DOJ-NSD determined, on their own authority, to be identified as classified or matters of “national security.”
In the prior opinion of the 11th Circuit Court of Appeals, if the DOJ states sharing the “classified documents” with a special master may harm national security, the court must accept that position without challenge and stop the special master review.
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 is deferred to the DOJ.
The DOJ was 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.
This ridiculous ruling meant the DOJ could define any document as a document of “national security interest” and there is no countervailing review of their definitions. As soon as this decision was reached the DOJ then moved to appoint a special counsel. Can you see how this works?
With this ruling in his briefcase, Special Counsel Jack Smith could now define the Mar-a-Lago documents according to the legal intention of his targeting. That’s exactly what he did. The case against Trump is not a case about classified documents, it is a case about the DOJ defining unilaterally what documents are considered “vital to national security.”
With the DOJ getting to define those documents, the special counsel then moves to claim national security threats created by Trump’s ownership. The overlay of “vital to the nuclear capabilities of the defense dept,” can then be shifted to include letters from President Obama and Kim Jong-un about DPRK nuclear capabilities.
Just a short note. Julie Kelly has provided a portion of the sealed DOJ motion requesting a judge to block President Trump from having access to his own presidential records.
As noted by attorney Mike Davis, “The Biden Justice Department keeps pretending these are not presidential records. “[T]he Presidential records of a former President shall be available to such former President or the former President’s designated representative.” 44 U.S.C. § 2205(3).”
Additionally, as noted by numerous others, the constitutional framework of this ideological outlook is substantively flawed. The records are created by agencies within government for the exclusive use and benefit of the Chief Executive Officer of the government, the President of the United States.
There is no agency, institution, system of government or administrative executive bureaucracy above the authority of the President of the United States. These are President Trump’s records. There is no constitutional basis from which a lower subset of the executive branch of government can attempt to restrict access. The President is the highest constitutional officer, everything and everyone else is less than; and yes, that includes when the records of his administration are assembled after he leaves office.
The DOJ wants to limit public knowledge of the material evidence, not because it would harm national security – but rather because the nature of the evidence itself would highlight to the nation how fraudulent the targeting is. This is the guaranteed DOJ motive, that’s why everything is under seal and even the media will not talk about how they are gaining their leak knowledge. This is LAWFARE narrative engineering at its apex deployment. (more)
Hopefully everyone can see know why I created so much context for the Fourth Branch of Government. The DOJ is essentially arguing that some unknown administrative state has a superior position to the executive branch of government.
The US DOJ are affirming a belief in the omnipotent Fourth Branch of Government that Barack Obama created.
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