Jeff Clark Gives Solid Take on DOJ Trump Indictment Scheme


Posted originally on the CTH on June 9, 2023 | Sundance 

Rather than write 10,000 highly specific and legally granular words to deconstruct the Trump indictment, I will share the opinion of others with supporting analysis and add some substance to the issues. Later I will compile all the various points of analysis into one very granular article.

First, it is important to always remember why this indictment is taking place.  The DOJ, specifically Lisa Monaco, are continuing the offensive against Trump in large part to cover for the actions of the Obama administration in the originating targeting of their political opposition.  Originating Spygate operations (’15-’16), Russiagate (’16-’17), Mueller (’17-’19), Impeachment #1 (’19-’20), Durham (’19-’23) and Jack Smith ’22-present, are all part of one long continuum of weaponized DOJ and FBI operations.  The entirety of the effort is to protect the actions taken by the Obama administration. [Note to congress: Questioning Durham this month is defense key #1]

In this interview {Direct Rumble Link} Jeff Clark gives his opinion of the statutory weaknesses that exist in the case as outlined in the indictment.  The first two defense approaches will likely be: (1) the Presidential Records Act supersedes the issues of document holding as noted in the use of the Espionage Act. (2) However, if the Espionage Act [Statute 793(e)] has to be defended, the originating issue of “unauthorized possession” will be the second approach heading to the 11th Circuit Court of Appeals.  WATCH:

Granular note, putting aside the fact that classification is irrelevant to the statute being used, within the indictment please notice how the DOJ states 102 classified documents [pg 27], some that were never marked classified as noted in the indictment [count 11, page 30] but defined as classified after DOJ review, were discovered after the Trump affirmation of compliance in July 2022.  This is the predicate for the FBI raid.  Again, a total of 102 documents were identified as classified by the FBI/DOJ.

They were unable to use classification status as a legal mechanism to attack President Trump; instead, they use the non-production as an evidence enhancement to the ridiculous claim that Trump lied to them (sec 1001); but notice how there are only 31 documents [31 counts] outlined as national defense security issues.  This would mean approximately 70 classified documents are memory holed by this special counsel.

70 defined “classified” documents retrieved, no description provided, those documents not a part of any legal contention – they just disappear.   I suspect we know what those sets of documents pertained to, and they have everything to do with DOJ and FBI conduct in Russiagate.

CTH has a years-long research library on all of these Trump-Russia investigative issues, including the in-real-time background stories that encompass them, and that library is massive.

If you have a specific question, ask me in the comments section and I will do my earnest best to review and answer.

Tell me what questions you have, and I will do my best.

Be of good cheer, I really don’t think this indictment will past the first defense challenge, The Presidential Records Act.

Americans Can See What Is Going On


Posted originally on the CTH on June 9, 2023 | Sundance 

SPAN callers respond to President Trump’s indictment.  Americans can see what is happening, listen:

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Strategic Lawfare at Work, They Didn’t Resign – Jack Smith Takes Down Two Trump Lawyers Using Compelled Testimony, Creating Witnesses Within Indictment


Posted originally on the CTH on June 9, 2023 | Sundance 

Good news, bad news and granular news..

First, the good news. The judge assigned to the Trump documents case is U.S. District Court Judge Aileen Cannon.  She is the same judge who handled the lawsuit last year after the FBI raided Trump’s Mar-a-Lago estate.   Judge Cannon was the judge who appointed the “special master” to review the documents the DOJ was claiming were classified, but Team Trump was contending that definition.

Now the bad news. The DOJ is no longer legally arguing that Donald Trump held any classified documents at Mar-a-Lago.  The DOJ is arguing that President Trump held documents vital to U.S. defense security.  It’s a farce but that’s their position.  The classification status of documents is moot, nonexistent, except to create the predicate for the proverbial FBI nose under the tent.

The DOJ-NSD (that’s Lisa Monaco) got a warrant to look for classified documents, but never intended to use classified documents as a case cornerstone because President Trump had full declassification authority.  The DOJ got a search warrant by convincing a judge they were looking for something that wasn’t even a violation of law. That’s why the DOJ would not reveal the probable cause affidavit.  The search was built upon a fraudulent pretense.  “Classified” is a snipe hunt.

You will notice Jack Smith never discussed “classified documents” in his remarks, and the issue of classified documents appears nowhere except in the indictment as a purposeful lawfare description of documents.  The DOJ is not legally charging anything relating to the classification status of the documents.  That’s the Lawfare and media banter to create a talking point.  The term “classified” is all over the indictment, but as a lawfare adjective only; it’s like using the word “stash”.

The special counsel legal framework is centered around documents the DOJ define as vital to “the defense security” of the United States.  EVERYTHING is predicated on 31 counts of an 18 U.S. Code § 793(e) violation.  The DOJ defines what is considered a defense document, and that intentionally has nothing to do with classification.

The granular news.  You might have heard that two of Trump’s lawyers, Jim Trusty and John Rowley, quit today.  The media wants to use their exit as a point to indicate Trump is in legal jeopardy; however, that’s not the case.

As soon as Trusty and Rowley saw their forced testimony was used in the indictment, they had no option except to exit the case.  Despite the lawyers providing no damaging information against Trump, the DOJ used language in the indictment to turn Trump’s lawyers into material witnesses. Weissmann’s Lawfare tactic create a conflict, forcing the two Trump lawyers to depart.

WASHINGTON DC – Two of Donald Trump’s top lawyers abruptly resigned from his defense team on Friday, just hours after news broke that he and a close aide were indicted on charges related to their handling of classified documents.

Jim Trusty and John Rowley, who helmed Trump’s Washington, D.C.-based legal team for months and were seen frequently at the federal courthouse, indicated they would no longer represent Trump in matters being investigated and prosecuted by special counsel Jack Smith, who is probing both the documents matter and efforts by Trump to subvert the 2020 election.

The resignations were shortly followed by an announcement from Trump himself confirming that a close aide, Walt Nauta, had also been indicted by federal prosecutors. Nauta, a Navy veteran, had served as the former president’s personal aide and was a ubiquitous presence during his post White House days.

In their place, Trump indicated that Todd Blanche — an attorney he recently retained to help fight unrelated felony charges brought by Manhattan district attorney Alvin Bragg in April — would lead his legal team, along with a firm to be named later. Trump and his team have liked Blanche, who is expected to play a more elevated, central role. (more)

Weissmann, Eisen and Smith are using lawfare in the indictment to put the interests of Trump and his aide Walt Nauta against each other.   Obviously, Nauta would not turn on Trump, so the prosecution made Nauta a target for a federal 1001 charge of lying to investigators and will pressure him throughout the case to take a plea in exchange for testimony against Trump.   Nauta is the baseline of the “Conspiracy Elements” which require two or more people.  Again, pure Lawfare.

Obviously, Jim Trusty was unaware last night that his forced testimony would be used in the indictment. WATCH:

A Visual Example of Joe Biden Caught in the Act of a 18 U.S. Code § 793 Violation According to Special Counsel Jack Smith


Posted originally on the CTH on June 9, 2023 | Sundance 

In the Trump indictment 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. 

According to the Trump indictment, COUNT #7 – page 29, a document “concerning communication with the leader of a foreign country” is considered a classified document in violation of US Code 793, vital to national defense interests.

Do you want a historic example of this exact U.S. Code § 793 violation taking place?

Whose hands are those? [SOURCE

(Sept. 11, 2012)  – ”Denis McDonough, Deputy National Security Advisor, left, updates the President and Vice President on the situation in the Middle East and North Africa. National Security Advisor Tom Donilon and Chief of Staff Jack Lew are at right.” (Official White House Photo by Pete Souza) [SOURCE]

In Joe Biden’s hands are the notes of a phone call, taken by then Vice-President Biden, recording the conversation between Barack Obama and Israeli Prime Minister Benjamin Netanyahu as recorded on September 11, 2012.  [The night of the Benghazi, Libya, attack on the U.S. Consulate]

How is this a violation of 18 U.S. Code § 793 (e)?

You are reading them!

See how that works?

Listen Carefully, Special Counsel Jack Smith Delivers Statement Following Trump Indictment – Indictment Link Included


Posted originally on the CTH on June 9, 2023 | Sundance 

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.

NOTE:  Sixty nine documents in a Deep State rabbit hole!  ~Sundance

Mark Levin Reacts to Trump Indictment – Frivolous Documents Charges


Posted originally on the CTH on June 9, 2023 | Sundance 

I am deep in the weeds and assembling notes for outlines to be delivered in the next several articles.  However, that said, perhaps the only time Mark Levin’s shouting was tolerable was last night as he responded to the indictment of President Trump.  WATCH:

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NOTE:  Sixty nine documents in a Deep State rabbit hole!  ~Sundance

Anti-Religious Left Targets Muslims


Armstrong Economics Blog/Education Re-Posted Jun 9, 2023 by Martin Armstrong

The anti-religious left originally set their targets on the “Christian extremists” who were ruining America. The far-left originally left Muslims out of the argument because they thought Trump’s refugee ban on Islamic nations would lead to votes for the Democrats. Since everything the woke agenda stands for goes against Islam, the left has turned on the community.

Democrat Kristin Mink, a member of the Montgomery County Council for District 5, criticized Muslim parents who did not want their young children to learn about adult content. “This issue has, unfortunately, does put… some Muslim families on the same side of an issue as White supremacists and outright bigots,” said Mink. “I would not put you in the same category as those folks, although, you know, it’s complicated because they’re falling on the same side of this particular issue.” So now Muslims are ”white supremacists.” Welcome to the club of the hated majority who is hated for simply existed outside the woke narrative.

In this particular instance, Muslim parents wanted the ability to opt out of teaching young impressionable children the LGBTQQIAAP2S+ agenda (yes, that is the acronym now). Mothers protested outside the school. Students joined in as well and said that they wanted to respect their religion. If you watch the video above, the sane parents are visibly upset. The other side is dancing around in rainbow flags completely ignoring the pleas of the parents, many who likely expected better education opportunities in America.

Armenian Americans, predominantly Christian, recently faced the same problem with public schools. The protest turned physical and numerous fights broke out. What would Armenians, who were only recently recognized for the genocide of their people, know about the struggles of the LGBTQQIAAP2S+? You’ll be hard-pressed to claim victimhood to people who may have lost relatives for simply existing.

Here is a teacher from that school in Glendale telling Armenians that they do not understand oppression. “I deal with a lot of the trauma of LGBT youth related to the hetero-normative, Judeo-Christian, patriarchal, imperialist, capitalist system that oppresses them…Armenians talk about the genocide but they received SSI but they don’t want to talk about the indigenous genocide in 1850, and the lack of reparations for indigenous and black people in this country,” the disturbed teacher stated.

OUT OF 2 MILLION ARMENIANS, 1.5 MILLION WERE MURDERED DURING THIS GENOCIDE!!!! But go on and tell us how you’re oppressed for being unable to tell little kids about sex.

The conservative Christians have been under attack for a long time in America. Muslims do not permit others to speak badly about their traditions and values. Christians have become immune to being the hated majority. No one is trying to erase the gay community, but the other side is trying to erase traditional values and religion. Christians and Muslims will unite under this cause to protect children from groomers pushing adult content into the public school curriculum.

Climate Change Agenda Threatens Food Supply – Ireland to Kill 200K Cows


Armstrong Economics Blog/Agriculture Re-Posted Jun 8, 2023 by Martin Armstrong

The push toward net zero emissions contains a sinister undertone – depleting our food supply. Ireland announced that they will murder 200,000 cows to adhere to Agenda 2030, ultimately reducing cow cattle by 10% in the coming years. Adding to the push for Universal Basic Income, Ireland is telling farmers that they can murder their livestock as a “retirement exit scheme,” decreasing the number of available farmers altogether. This outline will reduce available dairy and meat in Ireland, but demand will not decline, forcing the country to rely on costly exports.

In the end, the plan is not energy efficient at all. A quarter of all beef imported into the European Union comes from Brazil. “How is it environmentally friendly to kill large swathes of the Amazon, import that beef from Brazil to substitute for Irish beef that’s been culled here in this state. It’s a significant threat hanging over farmers in this country, and we must have a debate crystallizing exactly what the plan of this government is,” Irish politician Peadar Tóibín questioned.

Why are they targeting agriculture? Pat McCormack, president of the Irish Creamery Milk Suppliers Association, told reporters that the agriculture industry is no larger than it was 25 to 30 years ago. “Can the same be said for the transport industry, can the same be said for the aviation industry?”

This plan will cost Irish taxpayers $213 million annually. The government claims it is voluntary for now, but that will depend on how many farmers adhere to this plan and abandon their livelihoods. Once upon a time, cows were actually sacred in Ireland and appeared in numerous folklore stories. I’ve mentioned before that two groups that often overlap, animal rights activists and climate change activists, are at odds over the treatment of animals in the name of reduced methane emissions.

The Irish potato famine or the “Great Hunger” lasted from 1845 to 1852 – one million people starved to death. History repeats. Not only are they killing cattle, but they’re buying up farmland and reducing the availability of fertilizers. The push to diminish our food supply is occurring throughout the West, and the goal is to “reduce emissions,” aka the food supply by 2030, in accordance with Agenda 2030.

Major Hotel Chains Shutting San Francisco Locations


Armstrong Economics Blog/USA Current Events Re-Posted Jun 8, 2023 by Martin Armstrong

San Francisco and other blue cities are overrun with crime, permitted by light-on-crime policies. I know numerous people who travel for work, and all they can discuss after visiting cities such as San Francisco and Seattle is the urban encampments and rampant crime that occurs in broad daylight. Companies no longer wish to hold conferences in these dangerous drug-ridden cities, and it is causing hotels to shutter.

The Hilton San Francisco Union Square Hotel, the largest hotel in the city, and Parc 55 Hotel, the fourth largest, are fleeing the city. CEO Thomas J. Baltimore Jr. said that his hotels have lost almost all of their business from conferences and conventions. Park Hotels & Resorts Inc. (NYSE:PK) announced that it has stopped all payments toward its $725 million loan. They want to completely remove these hotels from their portfolio immediately. There is no saving the city at this point, and the smart money is leaving. “Unfortunately, the continued burden on our operating results and balance sheet is too significant to warrant continuing to subsidize and own these assets,” the company politely stated.

Quite a shame as this was once a beautiful city in a prime location. Hotels in San Francisco have to remind guests to park within enclosed, monitored parking garages because theft is so prominent. Some residents would like to turn a blind eye to the growing problem as the homeless population is beginning to outnumber them. The New York Post recently featured an article showing images of the vacant stores throughout the once desirable downtown as retail vacancy rose 6% in Q1 alone. Businesses, such as Whole Foods which was only open for one year, said they were worried about the safety of their employees.

What is the city doing to correct the problem? Nothing. They are downplaying the true crisis and wondering why tourism is nearly non-existent. The $120 million in budget cuts for the police department since 2020 has not helped the situation. Reports state that fewer than 80% of 911 calls are answered in a timely fashion, if at all. This is how cities fall under incompetent leaders who ignore problems in favor of votes.

Andrew Weissmann Celebrates Pending Federal Indictment of Trump After Writing Main Justice Memorandum for Lisa Monaco to Use


Posted originally on the CTH on June 6, 2023 | Sundance 

Andrew Weissmann, Norm Eisen and fellow travelers, wrote an internal prosecution memo for current Deputy Attorney General Lisa Monaco to use on behalf of their conscripted Special Counsel, Jack Smith. [SEE 186-page Guidance MEMO HERE]

Essentially, what we are witnessing is what skilled researchers would expect to see.

The Lawfare operatives, represented by Weissmann, Eisen and company, are all ideological agents connected directly to the anti-Trump efforts.

I use the term “Lawfare” to describe their general group association, as well as the actual organization funded by the Brookings Institute that carries the same name.

Essentially, Lawfare et al, are the group of current and former Dept of Justice ideologues that we find throughout the deployment of all Main Justice weaponization, activism and corruption.

The Muller team were all Lawfare members. The legal team in/around the accusations against Supreme Court nominee Brett Kavanaugh, what Christine Blasey-Ford called “beach friends,” are all Lawfare members.  The legal team behind both of Trump’s impeachment efforts were all Lawfare members.  It is one large network of legally minded ideologues working toward a common goal; they are inside government and connected to the same DOJ minds outside government.

The second thing they have in common is their collective risk within their action.  Many of their activities were/are unlawful (spygate, FISA, Mueller probe, impeachment background etc), so to the extent the Lawfare group can mitigate risk by attacking anyone who would be a threat to them, this is what we see.

Andrew Weissmann and Norm Eisen are two of the most well-known members of this politically motivated group.  Together they have created novel legal theories to use by the DOJ against their political opposition.  They write the legal filings for Main Justice to use inside government. The fact the DOJ uses these novel theories and legal filings in the actual practice of law and prosecution shows how deeply connected the outside Lawfare group is to the Lawfare group inside DC.

Much of their Lawfare approach, that is using the law as a weapon, is based on a goal of attrition. Wear down the target until they are eventually destroyed.  The same approach and motive is intended toward the supporters of the target.  Wear down the psyche of the target’s supporters until they too are destroyed.

Creating demoralization is a very familiar approach from the Saul Alinsky methods rulebook.  It is another way to create fear through isolation, ridicule and marginalization of their opponent.  Threatening to make any defender a target is exactly the key behind Andrew Weissmann’s entire tenure as a prosecutor.  You will note, they did this Lt Gen Mike Flynn when Weissmann expanded their scope and then threatened Flynn’s son, Mike Flynn Jr.

A few days ago, Andrew Weissmann and Norm Eisen published their “Model Prosecution Memo” for use inside the DOJ and for the legal scribes in media to review prior to the DOJ making any Trump indictment announcement.  {SEE MEMO HERE}  This is the same playbook they have used successfully in the past to get all of their allies on the same page for the preferred narrative.

Anticipating that Lisa Monaco is distributing the talking points and giving Jack Smith the groundwork for his upcoming novel indictment effort, Andrew Weissmann then appears on MSNBC to discuss.

Again, remember, this is as much about their own defense and self-interest as it is an attack against their enemy.  The Lawfare operatives have broken countless federal laws during their time weaponizing government against their political opposition.   Their foot soldiers, essentially allies in the FBI organization, have broken even more statutes and laws.  They are all mitigating the same level of risk.