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"DOJ has one big problem with its Trump criminal case, legal expert says"
"DOJ has one big problem with its Trump criminal case, legal expert says"
By roadkill
9 Jun 2023 4:22 pm in No Holds Barred Political Forum
18 Jun 2023 4:09 pm
hahaBeekeeper » 18 Jun 2023, 3:42 pm » wrote: ↑ BIG **** DEAL, *******!!
This has ZERO bearing on your attempt to obfuscate the FACT THAT NARA has NO CAPABILITY TO SEIZE RECORDS FROM A PRESIDENT IF HE CLASSIFIES THEM PERSONAL RECORDS. ANYTHING he DOES NOT TURN OVER, they have ZERO ABILITY TO SEIZE!!
JACKSON MADE THAT RULING, ****. You've been shown the CITATION at LEAST 20 times on this thread along. SO SUCK A BIG COCK and SHUT THE **** UP!!
-------------------------------------------------
https://apnews.com/article/trump-indict ... 52638daebf
Eric Freedman, a professor at Hofstra University’s School of Law in Hempstead, New York, also noted that a federal appeals court has already rejected similar arguments raised by Trump’s legal team as it sought to block the criminal investigation into the records found at Mar-a-Lago.
18 Jun 2023 4:28 pm
---------------------------------------------------Beekeeper » 18 Jun 2023, 3:42 pm » wrote: ↑ BIG **** DEAL, *******!!
This has ZERO bearing on your attempt to obfuscate the FACT THAT NARA has NO CAPABILITY TO SEIZE RECORDS FROM A PRESIDENT IF HE CLASSIFIES THEM PERSONAL RECORDS. ANYTHING he DOES NOT TURN OVER, they have ZERO ABILITY TO SEIZE!!
JACKSON MADE THAT RULING, ****. You've been shown the CITATION at LEAST 20 times on this thread along. SO SUCK A BIG COCK and SHUT THE **** UP!!
https://www.allsides.com/story/donald-t ... al-charges
There is no requirement that a subsequent federal district court judge must follow Jackson’s socks ruling. District court opinions are not binding on other district courts.
18 Jun 2023 4:56 pm
NOW you're reaching for something that ISN'T THERE, ****!!jerrab » 18 Jun 2023, 4:28 pm » wrote: ↑ ---------------------------------------------------
https://www.allsides.com/story/donald-t ... al-charges
There is no requirement that a subsequent federal district court judge must follow Jackson’s socks ruling. District court opinions are not binding on other district courts.
Do you EVER tire of making a FOOL out of yourself?? This means ABSOLUTELY NOTHING in the real world as PRIOR COURT CASES ARE ALWAYS CONSIDERED and Jackson even CITED THEM IN HER OPINION THAT NARA has NO AUTHORITY to seize ANYTHING from a President AND that they HAVE NO CLASSIFICATION AUTHORITY!!
Run along now child, you need to go color and get mommy to bandage your RAW, BLOODY ***!!
Liberals are spoiled children, miserable, unsatisfied, demanding, ill-disciplined, despotic & useless. Liberalism is a philosophy of sniveling brats ~O'Rourke
The Democratic Party seems intransigent on their position of keeping the party ‘woke,’ detached, exclusionary, and totally insane.
The Democratic Party seems intransigent on their position of keeping the party ‘woke,’ detached, exclusionary, and totally insane.
18 Jun 2023 5:02 pm
A PROFESSOR that's NOT good enough to PRACTICE LAW???jerrab » 18 Jun 2023, 4:09 pm » wrote: ↑ haha
--------------
Eric Freedman, a professor at Hofstra University’s School of Law in Hempstead, New York, also noted that a federal appeals court has already rejected similar arguments raised by Trump’s legal team as it sought to block the criminal investigation into the records found at Mar-a-Lago.
If that's ALL you have, then I got a FORMER US PROSECUTOR!!
Will Scharf, Former federal violent crime prosecutor, with a background in politics and public policy. Worked on the confirmations of two Supreme Court justices and numerous federal judges, was a senior advisor to a Governor of Missouri, and helped build a number of highly effective conservative projects and organizations.
I 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.
1. Interplay Between the Espionage Act and the Presidential Records Act
Others have already spoken insightfully about the scope of the Presidential Records Act (PRA). Mike Davis of the Article III Project has published and spoken on the subject, and Michael Bekesha of Judicial Watch had a fascinating article in The Wall Street Journal detailing his experience litigating the Clinton Sock Drawer Case.
Basically, their argument distills down to the idea that the president’s authority to retain personal records, as well as his rights to access his presidential records, make it impossible to prosecute him under the Espionage Act section at issue here, § 793(e), because the government cannot prove “unauthorized possession,” as required under the statute.
I want to make a different point relating to the intent element of the Espionage Act, the statute Trump is being charged under.Section 793(e) requires the government to prove that the defendant knew he had National Defense Information (NDI) in his possession, knew there was a government official entitled to receive the information, and then willfully failed to deliver it to that official. This is a very high set of mens rea bars to jump in any circumstance. Proving a defendant’s intent and knowledge can often be tough. But it’s even tougher here because of the Presidential Records Act.
The Presidential Records Act sets up a system where the president designates all records that he creates either as presidential or personal records (44 U.S.C. § 2203(b)). A former president is supposed to turn over his presidential records to the National Archives and Records Administration (NARA), and he has the right to keep his personal records.
Based on the documents I’ve read and his actions I’ve read about, I believe Trump viewed his “boxes” as his personal records under the PRA. There are statements he made, quoted in the indictment, that support that view. If Trump considered the contents of these boxes to be of purely personal interest, hence his designation of them as personal records, did he knowingly retain NDI?
Did he really think these documents, like years-old briefing notes and random maps, jumbled together with his letters, news clippings, scribbled notes, and random miscellaneous items, “could be used to the injury of the United States”? Or did he just think of them as mementos of his time in office, his personal records of the four years, akin to a journal or diary?
Liberals are spoiled children, miserable, unsatisfied, demanding, ill-disciplined, despotic & useless. Liberalism is a philosophy of sniveling brats ~O'Rourke
The Democratic Party seems intransigent on their position of keeping the party ‘woke,’ detached, exclusionary, and totally insane.
The Democratic Party seems intransigent on their position of keeping the party ‘woke,’ detached, exclusionary, and totally insane.
18 Jun 2023 5:42 pm
-------------------------------------------------------------------Beekeeper » 18 Jun 2023, 5:02 pm » wrote: ↑ A PROFESSOR that's NOT good enough to PRACTICE LAW???
If that's ALL you have, then I got a FORMER US PROSECUTOR!!
Will Scharf, Former federal violent crime prosecutor, with a background in politics and public policy. Worked on the confirmations of two Supreme Court justices and numerous federal judges, was a senior advisor to a Governor of Missouri, and helped build a number of highly effective conservative projects and organizations.
https://www.politico.com/news/2022/12/0 ... h-00071743
In a major defeat for former President Donald Trump, a federal appeals court on Thursday halted a third-party review of documents seized from his Mar-a-Lago estate.The ruling removes a major obstacle to the Justice Department’s investigation into the mishandling of government records from Trump’s time in the White House.The three-judge panel of the 11th US Circuit Court of Appeals reversed US District Judge Aileen Cannon’s order appointing a so-called special master to sort through thousands of documents found at Trump’s home to determine what should be off limits to investigators. The court said the judge should not have intervened in the first place.
18 Jun 2023 5:45 pm
https://www.politico.com/news/2022/10/1 ... t-00061724Beekeeper » 18 Jun 2023, 5:02 pm » wrote: ↑ A PROFESSOR that's NOT good enough to PRACTICE LAW???
If that's ALL you have, then I got a FORMER US PROSECUTOR!!
Will Scharf, Former federal violent crime prosecutor, with a background in politics and public policy. Worked on the confirmations of two Supreme Court justices and numerous federal judges, was a senior advisor to a Governor of Missouri, and helped build a number of highly effective conservative projects and organizations.
The Supreme Court on Thursday turned down former President Donald Trump’s request to step into the legal fight over documents the FBI seized from his Mar-a-Lago estate.The former president was seeking an order to return about 100 documents with classification markings to a review process a “special master” is conducting of more than 10,000 documents the FBI took during the Aug. 8 search of Trump’s home.
18 Jun 2023 5:51 pm
--------------------------------------------------------------------Beekeeper » 18 Jun 2023, 5:02 pm » wrote: ↑ A PROFESSOR that's NOT good enough to PRACTICE LAW???
If that's ALL you have, then I got a FORMER US PROSECUTOR!!
Will Scharf, Former federal violent crime prosecutor, with a background in politics and public policy. Worked on the confirmations of two Supreme Court justices and numerous federal judges, was a senior advisor to a Governor of Missouri, and helped build a number of highly effective conservative projects and organizations.ha!
Trump can now ask the full 11th Circuit to rehear the case or appeal the decision to the Supreme Court.
----------------------------------------------------------------------------------------------------------------------------------
ha!
and how did that turn out?
18 Jun 2023 5:58 pm
How is history turning out every generation repeats history in every family tree as a species? 5 generations of completely separate people living in series parallel time occupying space as arrived one of a kind. Reliving governing by psychlogical class warfare to sustain human rights to ignore how living works naturally here never same total sum results individually positioned as arrived great great grandchild, did or didn't become 1 of 2 parents like the rest of one's siblings or cousins that did.jerra b » 18 Jun 2023, 5:51 pm » wrote: ↑ --------------------------------------------------------------------
Trump can now ask the full 11th Circuit to rehear the case or appeal the decision to the Supreme Court.
----------------------------------------------------------------------------------------------------------------------------------
ha!
and how did that turn out?
Parents don't become 1 of 4 grandparents biologically never conceived their own replacements. 4 Grandparents never become 1 of 8 great grandparents if their grandchildren don't become parents.
You all getting the bigger picture yet? At least I describe how deep corruption reached within this species. Everyone I know and don't know avoids the specifics to evolving in plain sight.
18 Jun 2023 7:18 pm
You're STILL a **** STUPID PIECE OF MORON ****!!!jerrab » 18 Jun 2023, 5:51 pm » wrote: ↑ --------------------------------------------------------------------
Trump can now ask the full 11th Circuit to rehear the case or appeal the decision to the Supreme Court.
----------------------------------------------------------------------------------------------------------------------------------
ha!
and how did that turn out?
You DO realize that Trump WAS NOT A PARTY to the "Clinton sock drawer" case and he has NOTHING to appeal, ASSHOLE!! His case is a bunch of OVERCHARGED **** based on an ILLEGAL SEARCH that the DOJ had ZERO LEGAL BASIS to execute. LEARN SOMETHING HERE, ****!!
Liberals are spoiled children, miserable, unsatisfied, demanding, ill-disciplined, despotic & useless. Liberalism is a philosophy of sniveling brats ~O'Rourke
The Democratic Party seems intransigent on their position of keeping the party ‘woke,’ detached, exclusionary, and totally insane.
The Democratic Party seems intransigent on their position of keeping the party ‘woke,’ detached, exclusionary, and totally insane.
18 Jun 2023 7:33 pm
he illegally kept documents that were not his property. the opinion of judge jackson did not hold water and did not no way change the law that was enacted by congress.Beekeeper » 18 Jun 2023, 7:18 pm » wrote: ↑ You're STILL a **** STUPID PIECE OF MORON ****!!!
You DO realize that Trump WAS NOT A PARTY to the "Clinton sock drawer" case and he has NOTHING to appeal, ASSHOLE!! His case is a bunch of OVERCHARGED **** based on an ILLEGAL SEARCH that the DOJ had ZERO LEGAL BASIS to execute. LEARN SOMETHING HERE, ****!!
18 Jun 2023 7:47 pm
you're a lame, one-trick pony who can't even do that trick very well.
you **** bore me. Come up with some new material or go piss on some other democrat's leg and leave me the **** alone. mmmmkay?
18 Jun 2023 8:30 pm
the supreme court judgement was unanimous. every one ruled against trump- even his appointees.Beekeeper » 18 Jun 2023, 7:18 pm » wrote: ↑ You're STILL a **** STUPID PIECE OF MORON ****!!!
You DO realize that Trump WAS NOT A PARTY to the "Clinton sock drawer" case and he has NOTHING to appeal, ASSHOLE!! His case is a bunch of OVERCHARGED **** based on an ILLEGAL SEARCH that the DOJ had ZERO LEGAL BASIS to execute. LEARN SOMETHING HERE, ****!!
18 Jun 2023 8:35 pm
-------------------------------------------------------------------------------------Beekeeper » 18 Jun 2023, 7:18 pm » wrote: ↑ You're STILL a **** STUPID PIECE OF MORON ****!!!
You DO realize that Trump WAS NOT A PARTY to the "Clinton sock drawer" case and he has NOTHING to appeal, ASSHOLE!! His case is a bunch of OVERCHARGED **** based on an ILLEGAL SEARCH that the DOJ had ZERO LEGAL BASIS to execute. LEARN SOMETHING HERE, ****!!
https://www.scotusblog.com/2022/10/cour ... 20recorded.
The Supreme Court on Thursday afternoon rejected a request from former President Donald Trump to allow a special master to review about 100 documents, marked as classified, that the FBI seized from Trump’s home. The ruling came in an unsigned one-sentence order; there were no dissents recorded.The documents at the center of the dispute were among the 11,000 documents seized by the FBI in an Aug. 8 search of Mar-a-Lago, Trump’s resort in Palm Beach, Florida. In September, U.S. District Judge Aileen Cannon granted Trump’s request to appoint a special master to review the documents and bar the Justice Department from using them as part of a criminal investigation. But a three-judge panel of the U.S. Court of Appeals for the 11th Circuit put part of Cannon’s order on hold – including the portion requiring DOJ to allow the special master to review the classified documents.Trump came to the Supreme Court on Oct. 4, asking the justices to reinstate Cannon’s order and require DOJ to turn over the classified documents for the special master’s review. But on Thursday afternoon the justices turned Trump down. As is often the case with emergency appeals, the justices did not provide any explanation for their ruling.
18 Jun 2023 10:18 pm
Every time I get my hopes up that Trump will be removed from the political scene, those hopes as quickly dashed. It’s like watching Road Runner cartoons on repeat. 
Now I’ve got to pin my hopes on Jack Smith…? Couldn’t we get somebody who has actually won something?
Now I’ve got to pin my hopes on Jack Smith…? Couldn’t we get somebody who has actually won something?
19 Jun 2023 5:22 am
Has your hive mentality ever put the nursery rhyme Humpty Dumpty with loss of faith of people following an alternate reality concepts 24/7 practiced for over 400 generation gaps to date before extinction happens because everyone ignores genetics eternally separates their individual time adapting to the moment here?Beekeeper » 18 Jun 2023, 4:56 pm » wrote: ↑ NOW you're reaching for something that ISN'T THERE, ****!!
Do you EVER tire of making a FOOL out of yourself?? This means ABSOLUTELY NOTHING in the real world as PRIOR COURT CASES ARE ALWAYS CONSIDERED and Jackson even CITED THEM IN HER OPINION THAT NARA has NO AUTHORITY to seize ANYTHING from a President AND that they HAVE NO CLASSIFICATION AUTHORITY!!
Run along now child, you need to go color and get mommy to bandage your RAW, BLOODY ***!!
You are great at critiquing everyone else's relative time history as a social consensus, but you always avoid the specificity of your ancestral time evolving here now never same form since you arrived a fertilized cell. I have as everything anyone needs to know about evolving is self evidently taking place now for each ancestor practicing self deception to lead a reality believing now isn't eternity.
Behold, I just describe the human "original sin". Rule of law manifested an actual eternal hell in this atmosphere with only one species making it exist forward now.
19 Jun 2023 10:30 am
Why do I have to show that?jerrab » 18 Jun 2023, 11:05 am » wrote: ↑ show where they had full access.
https://www.pbs.org/newshour/politics/r ... -documents
Maybe CBS should have asked Nancy if she could prove that claim but instead they cut her off, that's suspicious, makes it look like they have something to hide...This is interesting.. if they already had access..
In memory of Pumpkins
19 Jun 2023 11:48 am
you questioned that they did not have full access, show where they had full access.Jantje_Smit » 19 Jun 2023, 10:30 am » wrote: ↑ Why do I have to show that?
Maybe CBS should have asked Nancy if she could prove that claim but instead they cut her off, that's suspicious, makes it look like they have something to hide...
Jantje_Smit » Yesterday, 10:20 am » wrote: ↑
Yesterday, 10:20 am
This is interesting.. if they already had access then what was the raid good for... yeah, I know.. lol.. I just like to hear a creative excuse from the snowflakes
19 Jun 2023 11:59 am
-------------------------------------------------------Jantje_Smit » 19 Jun 2023, 10:30 am » wrote: ↑ Why do I have to show that?
Maybe CBS should have asked Nancy if she could prove that claim but instead they cut her off, that's suspicious, makes it look like they have something to hide...
https://www.cnn.com/2022/09/01/politics ... index.html
In other words: Trump claimed that the Justice Department could have just asked for the documents “LONG ago” even though his team explicitly and inaccurately told the department in June that there were no documents left to ask for. Relatedly, the department has called into question how cooperative Trump’s team was.In its court filing this week, the department asserted that investigators “developed evidence that government records were likely concealed and removed from the Storage Room” at Mar-a-Lago “and that efforts were likely taken to obstruct the government’s investigation.” They said of the August search: “That the FBI, in a matter of hours, recovered twice as many documents with classification markings as the ‘diligent search’ that the former President’s counsel and other representatives had weeks to perform calls into serious question the representations made in the June 3 certification and casts doubt on the extent of cooperation in this matter.”
19 Jun 2023 1:46 pm
tu quoque fail.roadkill » 09 Jun 2023, 4:22 pm » wrote: ↑ Before you watch the video remember...Biden had classified docs EVERYWHERE...and likely still does.
Hillary was subpoenaed to turn over emails, etc. She wiped her illegal server and smashed cell phones to hide her crimes.
Remember when the left cried out about that? Me neither.
https://www.youtube.com/watch?v=Pipp4MvN_c0
19 Jun 2023 1:47 pm
Are you breathing from your individual body? Does your body navigate its position by one brain that came with conception keeping each ancesor unique for the time evolving forward now.jerra b » 19 Jun 2023, 11:48 am » wrote: ↑ you questioned that they did not have full access, show where they had full access.
Jantje_Smit » Yesterday, 10:20 am » wrote: ↑
Yesterday, 10:20 am
This is interesting.. if they already had access then what was the raid good for... yeah, I know.. lol.. I just like to hear a creative excuse from the snowflakes
What do secrets keep from self evident residents of time occupying space here as specifically sharing the common experienc eof changing forms shaped since conceived? Everyone should know last generation gap replaces their previous 4 ancestors donating reproductive cells that added them to the population here.
So what do theories and theologies cover up academically, artistically, economically, politically, spiritually, socially, ancestrally recording history of who fooled to most arrivals last 5 generations lived so far. the 1% always protected from their laws ordering people to perform as morally, legally, ethically, economically told to do due to nobody knows the real reasons evolving happens in plain sight.
But I explained it again in this post discussing a universal constant of perpetual balancing and thermodynamics of evolving changes everything forward here..
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