Julie Kelly knocks it out of the park every time... https://twitter.com/julie_kelly2/status/1775496491865346084 https://pbs.twimg.com/media/GKPT7PZWgAAq-kp?format=jpg&name=900x900 ""Jack Smith's response is hysterical (and not in a funny way in a desperate way) bc he knows he has little control over her decision related to final jury instructions. And he is arguing the basis for Trump's "unauthorized possession" of national defense material rests on Obama exec order not the Presidential Records Act. So everyone who cried for months that "DRUMPF BROKE THE PRA!" can sit down. Jack Smith says PRA now has nothing to do with the case. Also reminder of the bait and switch here. NARA sought files based on the claims Trump was violating the PRA. He produced 15 boxes of papers. NARA then claimed they found records with "classified markings" and sent a criminal referral (1st time ever) to FBI. FBI promptly opened investigation. FBI sent a subpoena to Trump in May 2022 seeking more records with "classified markings." They turned over 38 more files. Then in August, FBI sought search warrant seeking "national defense information." Reminder too we have not seen full unredacted application for search warrant. Did DOJ seek warrant under the PRA or the Espionage Act or Obama's Exec Order or....what?""
Another ""I will separate out Smith's threats to Cannon (unusual and toothless for the most part) later but this is basically the jury instructions DOJ wants to use. This also might be a problem for DOJ bc it appears Trump still had Q security clearance at Dept. of Energy--one that DOE retroactively rescinded after Smith indicted Trump. Also during March 14 hearing, DOJ claimed there was no formal process for a president to either receive or lose security clearance. So this might be another area of contention"" https://twitter.com/julie_kelly2/status/1775499142480978182 https://pbs.twimg.com/media/GKPWZMjWUAA0qQe?format=jpg&name=large
If a national defense document is declassified, it is still a national defense document. But it is no longer classified. You claim that you are not able to comprehend this. But that deficiency is not my problem. It does, however, explain the deficiency in the rest of your position.
and still more... thanks Julie Kelly .. https://twitter.com/julie_kelly2/status/1775503880165482648 https://pbs.twimg.com/media/GKPairjWoAA9ISx?format=png&name=large ""This is why Smith is so angry--he knows if Cannon proceeds with the proposed scenario presented in her jury instructions order, he is, as one defense attorney told me at the time, f*cked. He essentially demands that she rule now on jury instructions (she doesn't have to) or dismiss the counts so he can appeal. If she doesn't, he might seek "mandamus" at appellate court--asking 11th Circuit to tell Cannon what to do in the case. Very rare.""
Oh, I don't buy for a second that he actually declassified them. That's stupid. I'm just saying that the charges aren't based on the classification and that the Trump defenders aren't acting in good faith when they make these claims. But, yes, the fact he kept this secret and the fact that he tried to HIDE the documents would be enough for anyone with two braincells to rub together realize that he's lying.
Just wanted to add to the above: even though the classification part isn't part of the charges, the court is acting under the assumption that these documents remain classified. Even Trump's lawyers seem unwilling to claim that they were declassified.
Your question makes no sense. No one said that classifying them in the first place didn't involve classification. The CHARGES don't involve classification. No one denies that they had been classified . . . which involves classification. All we are saying is that the fictitious declassification doesn't matter. But I'm done answering your questions until you address mine. No more freebies.
@Nwolfe35 @yardmeat Prove they are not crossfire documents....can you honestly claim crossfire documents did not contain national security?? show us what documents Jack Smith has or stop posting misinformation and propaganda... allegations are not going to cut it.. you seem to miss the Smith refers to classification... while speaking out the other side of you mouth about classified documents..
Your argument is a dishonest strawman. And I've already stated I will not be providing any more answers to your questions until you start responding in kind.
@yardmeat @Nwolfe35 You don't seem to understand that Cannon is relying on the PRA.... Jury Instructions The first option: In a prosecution of a former president for allegedly retaining documents in violation of 18 U.S.C. § 793(e), a jury is permitted to examine a record retained by a former president in his/her personal possession at the end of his/her presidency and make a factual finding as to whether the government has proven beyond a reasonable doubt that it is personal or presidential using the definitions set forth in the Presidential Records Act (PRA). The second option is: A president has sole authority under the PRA to categorize records as personal or presidential during his/her presidency. Neither a court nor a jury is permitted to make or review such a categorization decision. Although there is no formal means in the PRA by which a president is to make that categorization, an outgoing president’s decision to exclude what he/she considers to be personal records from presidential records transmitted to the National Archives and Records Administration constitutes a president’s categorization of those records as personal under the PRA.
I repeat: I will no longer respond to your posts until you respond to what I have asked you. Please stop tagging me until you are willing to do that. The harassment is not welcome.
Because what he has been charged with is violation of 18USC 793(e) Willful retention of documents relating to the National Defense Operation Crossfire Hurricane had NOTHING to do with National Defense, therefore the documents that we are talking about were not about Crossfire Hurricane.
PRA really has nothing to do with this. By definition the records Trump retained CAN NOT be personal records. There is no determination to be made by the jury as to their status as Personal or Presidential.