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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SPAN callers respond to President Trump’s indictment. Americans can see what is happening, listen:
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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:
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)?
See how that works?
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:
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.
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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On June 2nd former Mueller special counsel and impeachment operative, Andrew Weissmann and Norm Eisen respectively, published their current Trump prosecution memo [Read Here] using a novel and arcane interpretation of US Code 793. Four days later media began reporting from leaks within the Jack Smith special counsel of the main legal approach they were going to use against President Trump [citation]. What approach is Jack Smith taking, US Code 793! This is not coincidental.
[Weissmann to DOJ Prosecution Memo, page 36 – pdf]
Andrew Weissmann and Norm Eisen wrote this memo last week. Special Counsel Jack Smith is using it now.
At the time the 186-page Weissmann & Eisen guidance was completed, CTH drew attention to it [HERE] because we track the way the Lawfare operatives work.
In addition to protecting the interests of corrupt former Obama officials, organizing, supporting and coordinating with the Lawfare network is the purpose for Deputy AG Lisa Monaco to exist in current Main Justice operations.
Special Counsel Jack Smith is a tool, vessel and willing participant in one long Lawfare continuum that originates back in the Obama administration when they weaponized the DOJ to target their political opposition. Andrew Weissmann writing the guidelines for Jack Smith to deploy is simply a visible example of how this operation is being conducted.
Weissmann even sells Trump Prosecution swag on his podcast. They are not trying to hide their influence and control over the Main Justice operations, they are quite open about it because they sense they have nothing to fear.
However, the intent of the Weissmann and Eisen approach is based on a need to protect the illegal Lawfare activity from sunlight. The Lawfare continuum is based on a need to protect the weaponized use of government that took place during the Obama administration.
The Obama administration and all of the participants in the agencies involved, use their institutional power to target their political opponents. The DOJ and FBI targeted Donald Trump in 2016 with these weaponized systems. The ODNI and CIA also supported. President Obama, and all the affiliates, aligned ideologues and conscripts used the U.S. government to target their political opposition. In the aftermath of the 2016 election, all of the foot soldiers took up position to protect the administration from public discovery of what took place.
Inside DC, Democrats and many Republicans are aligned in common self-interested defense against Trump specifically because of the weaponization that took place. The Jack Smith special counsel is just another system in a long train of government abuse. That’s why Weissmann, Eisen and the Lawfare group are still operating – still assisting, still helping and still coordinating.
♦ Weissmann-Mueller: Everything that happened inside Main Justice from May ’17 to April ’19, activity that was grabbing every scintilla of media attention, was being done by the Mueller/Weissmann team. Key word ‘everything.’
There was not a single action from Main Justice that was not controlled by Andrew Weissman and company. This action includes the revelations of staff and congressional members from the House Intelligence Committee (HPSCI) having subpoenas for their private emails, phone records, text message and communication.
Andrew Weissmann sent over 2,800 subpoenas for records [See 156-Pages of Examples Here]. Some of those subpoenas were sent to various telecommunications and social media platforms so they could monitor what congress was doing.
In essence, and this is a very important part of the record that is being missed, Weissmann and his team, having been given the primary responsibility of covering up the corrupt DOJ and FBI activity from the 2016 election, needed to know what Devin Nunes and Kash Patel knew. As a result, Andrew Weissmann and team, using the figurehead of Robert Mueller as a pretext and patina, put members of congress under watch.
DAG Rod Rosenstein was presumably unaware of what Weissmann and team were doing. In the world of the bureaucratic state, willful blindness has benefits and avoids a person taking a position on whether they are directly part of the corrupt activity. As a man comfortable with the Machiavellian ways of the deep swamp, Rod Rosenstein was the perfect and useful weasel on a leash for this specific role as DOJ liaison.
Again, why does this matter?
This context matters because it is much more of an explosive revelation to realize there were two sets of investigators, each investigating each other. Devin Nunes was investigating a corrupt DOJ and FBI. Weissmann and team trying to cover for corruption within the DOJ and FBI.
Chairman Devin Nunes trying to find out what was going on and put the pieces of an opaque puzzle together. Meanwhile Andrew Weissmann was in the role of blocker to the interest of Nunes, and was a stakeholder is knowing what Nunes was piecing together.
Mueller/Weissmann were on offense against President Trump, and Weissmann/Mueller were simultaneously on defense against the House Intel Committee.
Andrew Weissmann was charged with protecting the prior corrupt activity and shielding it from sunlight. In order to accomplish this goal, he had to know what Devin Nunes and Kash Patel were doing. Thus, amid the 2,800 subpoenas and search warrants, Weissmann was investigating the House investigators.
That’s the background for this story: “DOJ snooped on House Intelligence Committee investigators during Russia probe, subpoenas show”

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