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Crime Donald Trump Espionage Justice Department

DOJ May Move To Have Trump-Appointed Judge Removed From Secret Documents Case

Now that U.S. District Judge Aileen M. Cannon has ruled that a special master will be appointed to determine if any of the classified documents former president Donald Trump was hoarding at his Mar-a-Lago resort are protected by attorney-client or executive privilege, the Justice Department has until Friday to appeal that ruling.

But it may not be enough to merely appeal to a higher court, according to three legal experts who say Attorney General Merrick Garland should move to have Judge Cannon removed from the case completely since she clearly has a conflict of interest.

On MSNBC Wednesday evening, Andrew Weissmann, who served as general counsel for the FBI and was also a prosecutor on Robert Mueller’s team, said the DOJ has a clear case to make:

“This is like a thief taking documents then saying, ‘Judge, I want them back.’ This is a complete farce. And to have somebody like Laurence Tribe and Neal Katyal have to address this, as if it’s a serious argument, just tells you the depths that we are in. And just to be very serious for a moment the notion that in the documents there are state secrets involving nuclear capabilities — it means that there is present harm to national security. Our allies and countries that want to quietly cooperate with us are looking at all of this and making decisions about whether they should continue to do so if we cannot keep secrets. That is how we protect this country. It is how we thwart terrorist attacks. It is how we conduct important, lifesaving undercover operations.”

Neil Katyal, former acting Solicitor General in the Obama administration, then joined the debate:

“Every day, every week, we learn a new fact about just how bad Trump’s behavior was. Now, it is nuclear secrets. That also underscores just how bad the decision was by this judge in Florida. So, appointing a special master is one thing, but stopping a criminal investigation of this magnitude in its tracks because you think, as a federal judge, that some documents might be privileged. That is insane. That is a bazooka when one needs, at most, a scalpel. And if you have lost Bill Barr, and Bill Barr is — God. That is….”

Katyal added:

“She pleaded herself out of her own court. Because she planted remedies to the special master via the Presidential Records Act. And she has a footnote on this, Footnote 16, which says basically, the Presidential Records Act says that you can only bring these cases in Washington D.C. and only Washington D.C. judges can oversee them. So, that maybe that’s what the Justice Department, I think, should do here. Get this case before judges who are experts on presidential records and executive privilege and the like.”

Categories
Crime Donald Trump Espionage GOP

Joe Scarborough Slam Dunks Marco Rubio For His Absurd Defense Of Trump Filching Classified Information

MSNBC host Joe Scarborough lit into Republican Sen. Marco Rubio (FL) Tuesday morning for his latest absurd defense of former president Donald Trump’s stealing of classified documents when he left the White House.

Over the weekend, Rubio pooh-poohed the notion that Trump had somehow broken the law by having hundreds of top secret documents at his Mar-a-Lago resort in Palm Beach, remarking:

“This is, really, at its core, a storage argument that they’re making.

I don’t think a fight over the storage of documents is worthy of what they’ve done, which is a full-scale raid and then these constant leaks.”

Rubio knows better, Scarborough insisted, pointing out that he’s the ranking Republican on the Senate Intelligence Committee:

“I mean, there is no line. Marco Rubio was running the Senate Intel Committee, so you have Marco Rubio saying, top secret documents are only at risk if they’re mishandled by Democrats. Top secret documents mishandled and actually taken, removed from a government office, removed from the White House and illegally, improperly hidden at Mar-a-Lago, even after the FBI negotiates and tries to get them all back, it just doesn’t matter. So, again, is there any line? No, there’s no line.”

The MSNBC host added:

“Now it’s a storage issue? No, it’s not a storage issue. Nobody ever believed it was a storage issue. Marco Rubio never believed it was a storage issue. If you take top secret documents out of a government building, Marco Rubio would be the first person to say, like me in the past, you go to jail. You go to jail.

“The hell with institutions, according to people like Marco Rubio. The hell with top secret documents, the hell with the FBI, the hell with the CIA the hell with the Justice Department, the hell with the rule of law.”

https://www.youtube.com/watch?v=xEM3Nc6Xyz0&feature=emb_logo

Rubio is a hack who sold out years ago. Here’s hoping Val Demings cleans his clock in November.

Categories
Crime Donald Trump Espionage Fox News

Fox Legal Analyst Mocks Trump: He’s Going To Be Indicted For A Crime He Said Deserved The Death Penalty

Former Fox News legal analyst Andrew Napolitano is convinced that failed, one-term former president Donald Trump will indeed be indicted for violations of the Espionage Act, which is ironic since the disgraced ex-president once said such crimes were deserving of a death sentence.

Writing in the conservative Washington Times, Napolitano lays out the case against Trump:

Even a cursory review of the redacted version of the affidavit submitted in support of the government’s application for a search warrant at the home of former President Donald Trump reveals that he will soon be indicted by a federal grand jury for three crimes: Removing and concealing national defense information (NDI), giving NDI to those not legally entitled to possess it, and obstruction of justice by failing to return NDI to those who are legally entitled to retrieve it.

Napolitano also notes that Trump made one of the biggest mistakes a potential defendant can possibly make: Denying something before he had been accused of it:

Under the law, it doesn’t matter if the documents on which NDI is contained are classified or not, as it is simply and always criminal to have NDI in a non-federal facility, to have those without security clearances move it from one place to another, and to keep it from the feds when they are seeking it. Stated differently, the absence of classification — for whatever reason — is not a defense to the charges that are likely to be filed against Mr. Trump.

He committed a mortal sin in the criminal defense world by denying something for which he had not been accused.

But most ironic of all, Napolitano concludes, is that Trump once said anyone charged with crimes of espionage should be executed:

In a monumental irony, both Julian Assange, the WikiLeaks journalist who exposed American war crimes during the Afghanistan and Iraq wars, and Edward Snowden, the former National Security Agency employee who exposed criminal mass government surveillance upon the American public, stand charged with the very same crimes that are likely to be brought against Mr. Trump,” Napolitano wrote. “On both Mr. Assange and Mr. Snowden, Mr. Trump argued that they should be executed. Fortunately for all three, these statutes do not provide for capital punishment.

Categories
Crime Donald Trump Espionage WTF?!

Trump Attorney Whines: I Can’t Believe DOJ Wants To Charge My Client With ‘Mundane’ Crimes Like Espionage

Alina Habba is an attorney for disgraced, one-term, twice-impeached former president Donald Trump, and she’s absolutely flabbergasted that the Justice Department might want to charge her client with “mundane” crimes such as violations of the Espionage Act.

Speaking with right-wing activist Charlie Kirk on Real America’s Voice, Habba whined:

“So what they did was to try and criminalize Donald Trump, as they always do. They found these three mundane statutes, espionage and the two others, obstruction.

“And they’re trying to claim that there was some sort of criminal activity. But their papers say it’s under the Presidential Records Act. So your admission is the power that we’ve all been saying he does have. You can take a picture of top secret documents, Charlie, and show the world a label.”

Habba added:

“But if they’re declassified, as he has the right to do that, he has the right to have them.”

Time for a fact check: Habba is trying to cloud the matter by suggesting everything was covered under the Presidential Records Act, and that means Trump should have turned all his records and documents over to the National Archives.

The documents were not declassified because there is no paper trail proving that. Trump cannot just wave his hand over a piece of paper and call it declassified. There’s a process that requires quite a lot of paperwork and numerous steps before something is officially declassified.

Additionally, as Mediaite notes, there are several laws Trump is suspected of having violated, and they’re a hell of a lot more serious than Habba is suggesting:

The warrant allowing the FBI to search Mar-a-Lago cited three potential statute violations by Trump:

18 USC 2071 — Concealment, removal or mutilation
18 USC 793 — Gathering, transmitting or losing defense information
18 USC 1519 — Destruction, alteration or falsification of records in Federal investigations

18 USC 793 is the Espionage Act, which Habba referenced.

Categories
Crime Donald Trump Espionage GOP Justice Department WTF?!

Lindsey Graham Ominously Predicts: If Trump Is Prosecuted, ‘There’ll Be Riots In The Streets’

It now appears that disgraced ex-president Donald Trump is in the deepest legal jeopardy of his life, ironically because of something he did that he tried to accuse Hillary Clinton of: Mishandling classified information.

Clinton, it should be noted, was not president, and she didn’t have access to the highest level of top-secret data that Trump had as president. Also, Clinton didn’t leave such information laying around in cardboard boxes at a resort where almost anyone could have had access to the documents.

And yet, despite those very different facts, Sen. Lindsey Graham (R-SC) is warning that if Trump is indicted and prosecuted, there’s going to be rioting in the streets.

Sounds like a threat, doesn’t it?

Appearing on Fox News, Graham said:

“I’ll say this: If there’s a prosecution of Donald Trump for mishandling classified information, after the Clinton debacle … there’ll be riots in the streets.”

Graham got some well-deserved pushback on social media for his remarks:

https://twitter.com/KevinSixx13/status/1564030055701188609?s=20&t=GR9gDxBrdHoQW4PZjA0ppg
https://twitter.com/RichL315/status/1564030334349574144?s=20&t=GR9gDxBrdHoQW4PZjA0ppg

https://twitter.com/DataDrivenMD/status/1564043242043191296?s=20&t=GR9gDxBrdHoQW4PZjA0ppg