Listen Carefully, Special Counsel Jack Smith Delivers Statement Following Trump Indictment – Indictment Link Included
I would strongly urge people, especially those who walk the deep weeds, to READ THE INDICTMENT carefully, before watching the remarks by special counsel Jack Smith as delivered today. What you will notice is that 31 of the 37 counts alleged in the indictment are individual counts, one per document, specific to Statute 793(e) which pertains to defense department information.
There were, as claimed in the justice department prior court arguments, and again affirmed today in the indictment itself, 100 classified documents located by the FBI and DOJ after the Trump certification of compliance. Of those 100 documents, 31 of them were specifically selected to represent the baseline for the 793(e) charge. Listen to Smith emphasize Defense and Defense Intelligence, and soon you will see why. WATCH:
~ READ INDICTMENT HERE ~
Jack Smith is 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] The premise of 31-counts [each an individual document] pertain to “National Defense Security.” The subsequent six counts are predicated around the claimed 793(e) violations.
The DOJ is not, repeat NOT, arguing a classified documents case. The entire legal framework is centered around documents they define as vital to the defense security of the United States. EVERYTHING is predicated on this 18 U.S. Code § 793(e) violation:
18 U.S. Code § 793 (e) Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense 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, 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 to the officer or employee of the United States entitled to receive it.
Despite the verbose language in the indictment, a key element of Lawfare, the case is weak. The prosecutors know it. I will explain.
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