
“Special Counsel Jack Smith attacked Judge Aileen Cannon in a filing submitted late Tuesday in the Justice Department’s case against former President Donald Trump alleging that he mishandled classified material after leaving office.
Smith’s team accused Cannon of a “fundamentally flawed” understanding of the case, after she requested draft language from both sides on potential jury instructions that they argue embrace Trump’s claims that he had broad authority to take classified government documents. Smith’s team also threatened to seek an appeal court review.
Cannon asked each side for instructions for two scenarios: One in which they would tell jurors to assess whether the records fell into the categories of “personal” or “presidential,” and another that assumes Trump had complete authority to take records he wanted from the White House.
“Both scenarios rest on an unstated and fundamentally flawed legal premise — namely, that the Presidential Records Act and in particular its distinction between ‘personal’ and ‘Presidential’ records, determines whether a former President is ‘authorized,’ under the Espionage Act, to possess highly classified documents and store them in an unsecure facility,” Smith’s team wrote in the filing.
Trump’s defense team argues that the former president had broad authority to characterize any record from his time as president as personal and that the case should be dismissed. Smith’s team called that argument “pure fiction.””
Of course they did.
From FoxNews.com 1/25/23…
“Since the passing of the Presidential Records Act, presidents and vice presidents are required by law to hand over all presidential records to the National Archives. On its website, NARA dubs itself as “the nation’s record keeper,” that its collection of records “help us claim our rights and entitlements, hold our elected officials accountable for their actions, and document our history as a nation.”
Well, it appears the National Archives has fallen quite short of its mission following the revelation that Biden had classified documents from his tenure as vice president and as senator in various locations in his Wilmington, Delaware home including his garage and his Penn Biden Center think tank.
The records, which reportedly include at least 25-30 documents marked classified, were found in five separate disclosures since Nov. 2, the week prior to the November midterms, and were in Biden’s possession anywhere between a minimum of six years when he left the vice presidency and at least 14 years when he first left the Senate.
Yet, the National Archives formally requested Trump’s large trove of records in May 2021, less than four months after he left office, which had spurred into a years-long dispute between him and the federal agency that ultimately led to the FBI raiding his Mar-a-Lago home in August 2022.
Trump and his defenders have said that unlike Biden when he left the Obama administration, Trump had the authority to declassify his documents as an outgoing president.”
Why isn’t Biden on trial?
Because the Democrat Elite has weaponized our legal system, that’s why.
“Special Counsel Jack Smith, who is heading up the classified documents case against former President Donald Trump, has a history of charging political leaders, including former Kosovo President Hashim Thaçi.
…The former acting Director of National Security during the Trump administration, Richard Grenell, contends Smith’s charging of Thaçi was politically driven.
Smith is a Harvard Law graduate who embarked on a career in the American legal world with a job as a prosecutor in the Manhattan District Attorney’s Office in 1994.
…Smith made the jump from the state to the federal level in 1999, taking a job at the U.S. Attorney’s Office for the Eastern District of New York in Brooklyn.
…Smith also worked several stints as a prosecutor in Europe, first as the investigation coordinator in the International Criminal Court prosecutor’s office from 2008-2010 and then as the special prosecutor in the KSC, prosecuting war crimes — where former President Thaçi comes into the frame.
[When Jack Smith announced the indictments against President trump, Grinnell noted that “His Kosovo case is falling apart and his own witnesses there are now claiming he and his team at The Hague faked CIA officials to intimidate them.”]
…Federal Election Commission records show that Smith’s wife, Katy Chevigny, in September 2020 made two $1,000 donations to Biden’s efforts to beat former President Donald Trump, with one donation going to the Biden for President campaign committee, and the other made to the Biden Victory Fund super PAC. Moreover, in 2008, she apparently made a $150 donation to Rep. Rashida Tlaib’s (D-MN) campaign, Open Secrets shows. Chevigny also helped produce the 2020 Michelle Obama documentary Becoming, according to Big Mouth Productions, a company she helped found. (excerpts from an article on Breitbart.com 6/13/23)
As I have been writing recently, the majority of Americans are not buying this Political Lawfare against former President Trump.
They are already upset about the prices of the food that they need to eat in order to stay alive and the gas that they need to buy in order to get to work.
The American people, judging by all the polls, are more than ready for Donald J Trump to become President again on November 5th of this year.
The miserable failure of Bidenomics, out-of-control violent crime, and the invasion of illegals into our country via a southern border left wide open by a president and his political party who are desperate to replace the American voters who are turning against them, have Americans very upset and not in the mood to hear any more lies from the Biden Administration.
If they go ahead with this documents case, all it will do is throw a spotlight on the Democrats’ two-tier legal system.
When Special Counsel Jack Smith announced the indictments against former President Donald J Trump, he said, “We have one set of laws in this country, and they apply to everyone.”
Unless you are a member of the New Aristocracy, the Democrat Elite.
Until He Comes,
KJ

