225 Comments
Apr 3·edited Apr 3

Thank you for detailing the legal niceties.

Something that has puzzled almost all of us is WHY Donald Trump would be so tenacious about hanging on to his stolen classified documents. When he was asked to return them in the first place, all he had to do was hand them over and no action would have been taken against him. I fear that the answer to that question is going to turn out to be much darker and more sinister than we have supposed.

In today's piece by Heather Cox Richardson, it was demonstrated that Donald Trump is conducting U.S. foreign policy as an out-of-power individual, and he is doing so to Russia's benefit. He has instructed his lickspittles in the House of Representatives to prevent aid to Ukraine, and his proxy, Grenell, is traveling the globe and meeting with authoritarian leaders to tell them what Trump will do for them if reelected.

After Trump's July meeting with Putin in 2019, he requested a list of top US spies. Subsequently there was an uptick in US agents being captured and/or murdered. Some of the national security documents that still have not been handed over include rosters of US assets gathering intelligence around the globe.

We have a man in our midst who is actively seeking to work our nation's woe for his own benefit. That he is still walking around free is IMHO a travesty and a mockery of justice.

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For a nation that has been as obsessed with Russia as the U.S. has been since WW2, it is awfully strange that this big elephant in the room has been largely ignored. It makes me wonder just how deep this influence is when Merrick Garland, who should have all this information right in front of him, takes no visible action to deal with the Russian espionage effort against this country.

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The danger at this moment is greater than it has been since the Cold War because we have so many of our elected officials doing Trump's bidding, which is Putin's bidding by proxy.

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Great points. And Rick Grenell is clearly guilty of offending the Logan Act. Having tRump acting as a shadow government is almost like having a pope in Rome and another in Avignon! Welcome to the Middle Ages, folks. We are going down the tube.

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It seems like there are multiple US Laws, like the Logan Act, that have limited or poorly defined definitions or punishments. We have a real problem with laws that have such poor definition. They end up useless, particularly when called up to hold accountable someone with money or power behind them. We say we are a nation of laws, but if definitions and punishments are lacking, then we have poor tools with which to execute justice.

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Very true. No one U.S. ever prosecuted under the Logan Act, e.g.

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Apr 3·edited Apr 3Liked by Jay Kuo

I'd think he was, too, though it is iffy whether the Act is constitutional. Only two people have been indicted under it --in the 19th century--and those were not convicted. See Wikipedia, The Logan Act. So the uncharted nature of the Act would create really complicated litigation. The act requires that the negotiations are "in relation to any disputes or controversies with the United States, or to defeat the measures of the United States." It could be difficult to pinpoint the exact dispute, controversy, or measure is being violated by Grenell. "Being against authoritarianism" is not likely to cut it. Promising to remove sanctions imposed by the US very well might.

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Thanks for your research Susan! But, it sure sounds like it might be a good idea to detain Mr Grenell (in US custody) while we sort the Logan Act implications out!

Guarantee a speedy* trial! (* In tRump terms, a "speedy trial" means sometime in 2025!)

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well they do have to indict him first, and then the court has to refuse bail. But nice thought.

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Thanks for this. I hadn’t done a deep dive into how to pursue it, but at least it provides a clear way to think about what it happening.

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One of my concerns is that Grenell would have had access to Top Secret information when Trump was in office and now he is making deals with the Russians, presumably to help Trump win the election. Who knows what kind of deals he could be making?

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I think dumpster has already sold / given away USA secrets to get info / money / assistance ! Since he doesn't give a rat's ass about the country or its people. He only cares about himself and money !

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It has seemed pretty obvious that he is Putin's front man. The evidence may not be there, but the suspicions are that he is trading our secrets for lucrative deals for himself and his family. He is supporting bots from our enemies, and he will stop at nothing to break the law. It is like he already has the death penalty figuratively speaking so he has nothing to lose in breaking every law he can in a big gamble to get back into the White House. I think he needs to be put in solitary like the enemy of the state that he is. No communication with outsiders.

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Linda I think you and me have telepathy because I have said so many times that he has ti be in solitary confinement for life no contact no nothing

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Kindred spirits, along with all of those who think like us.

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This happened before, Republicans like to send around foreign envoys during campaigns to mess with our elections and make side deals with our enemies: https://www.esquire.com/news-politics/politics/a43368900/reagan-iran-hostages/

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Thanks so much, Jay. I’m so thrilled Smith is fighting for we, the people. Between “Judge” Cannon’s bias, Richard Grennell’s shenanigans as “envoy” to dictators from the former guy, to Mike Johnson discrediting the US in the eyes of the international world at the orders from the former guy, to SCOTUS, and more, the list of treasonous actions keep mounting. The domestic and international undermining of US policy from a FORMER President and his hidden billionaire dark money sponsors is appalling! Accountability must be had!! Thx, Jay, for sharing truth-it matters and your work on our behalf matters. I’m grateful!

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It just gets more crazy.

Does the name Reality Winner ring a bell with anyone?

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Exactly!! She only had 1 file and was arrested immediately. Double standards infuriates me!🤬

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Cannon is absolutely KOMPROMAT. I think the only reason she has been allowed to tie up this case is because the Traitor & Criminal, Clarence Thomas, is the circuit justice for the 11th Circuit Court of Appeals.

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IMO, it's not out of the question that Cannon's links to the Trump campaign could come under investigation in the not so distant future.

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I think the justice system is overwhelmed by crooked, fascist Repugs . . . She’d be in a long line of suspects.

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Excellent explanation. Judge Cannon seems to be overt in her dedication and support of the former president. It's obvious and sick. Jack Smith is a mile ahead of her. Let the 11th circuit speak now and remove her!

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I don't know if the 11th would remove her as I don't know what the parameters for that

would be in the laws. She may get a severe knock down

again and advice she should

take to heart.

I'm not sure either if Thomas

would weigh in on this, as there's a recusal letter circulating for him on Trump

cases, due to Ginni Thomas

being involved in J6.

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“Seems” to be?

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😂😂😂 I was trying to be nice? LOL

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Apr 4·edited Apr 4

Well please stop. We cannot, must not, worry about offending people who are quite literally trying to kill us.

I see far too many people who are afraid that, if they call out the traitors and those working to destroy or rule of law on their shit, they’ll seem rude. WELL FUCK THAT.

We need to call them out on their shit. Every time. And without wimping out in our words. Anything else is enablement and collusion.

When someone is actively beating you with a baseball bat would you really politely ask them to please stop?

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THIS!!!

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But will they? I don’t know how it works but someone mentioned that Clarence Thomas is the 11th circuit judge,

(Sorry if that’s a naive question. )

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Apr 3Liked by Jay Kuo

It is so important for Smith to get a ruling here. Once jeopardy attaches, the myriad of awful rulings Cannon could make which would lead to an acquittal boggle the mind. Anything from leaving obviously biased jurors on the jury to evidentiary rulings that gut the case to outright directed verdict. And, while rare, it happens. As an AUSA, I tried a case with obviously biased judge who did everything he could think of to move the jury towards acquittal. We were powerless to stop him. We still managed to convict one of two defendants, but the judge threw the verdict out. Trial judges have enormous power once the jury is seated. I kept that in mind when I became one.

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I hope she takes the bait and he gets her reversed and recused. It’s a long shot but still possible.

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At the least reversed and a hard reverse.

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Is it possible that Cannon is aware of the absurdity of her "instructions," and she is deliberately hoping to be removed so as to allieviate the threat of Trump reprisal? The consequences of his wrath are real, so I think it would make sense that as a Trump supporter, she would want an "out."

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She doesn't seem as smart as you. Trumpladytes seem to have an inability to catch on to his 50-year old pattern of throwing people under the bus. It's amazing how, given all the evidence, this remains the case.

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I question also if she's clever enough to have thought up, by herself, those 2 bizarre jury instructions. They reek of tffg himself.

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I think she is carefully directed and takes orders . . .

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Dawna I agree with you on this

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What makes me so insane is how is all of this being allowed? How came we stop the scotus ? It's is absolutely crystal clear they are corrupt and are out to disenfranchised the United states as a whovh3

le and all its citizens in it

Maybe iam naive thinking that all these traitorous actions would be stopped Years ago.

Also in inaction...it's outrageous just outrageous

If a surgeon says he is performing surgery on someone and then enters the room in a bathing suit and decides to play darts throwing them directly at the patient as if he is a dartboard there would be consequences headlines it would be stopped

This scenario sounds crazy right? Because it is crazy

The treason and inaction to stop it and even blatant support FOR it continues is to.me TEN times crazier

Will the American people ever see true justice? And before its too late where it won't even matter anymore ?

Does anyone think he will finally be jailed with the election interference hush money case?

And the election

Has trump bagged a deal with corrupt electoral college voters that they will silence the will of the American people?

What in the AF is wrong with

Merrick Garland?

Is he dead and they prop him uo.with formaldehyde Infusions to appear *competent * Because it's seems to.me just having a pulse and fogging up.the mirror are.yhe only requirements as of late to qualify for some of the most sacred and sensitive of postions

To protect the constitution and democracy

Please anyone feel free to weigh in

Thank you all for allowing me this space to vent my thoughts and concerns

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If those requests for jury instructions were thought up by Dumpy, then Loosey Cannon had to translate them into legalese, because Dumpy certainly doesn't know that many big words.

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But he's more than capable of coming up with the broad outlines.

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I don't see dt knowing or Reading the legal ins & outs of this wacky elaborate plan. I'm sure his lawyers gave him the outline spelled out in simple terms for both him & Cannon to follow.

While Jack Smith spells out how flawed it is, how long will the "overseers" have to ponder on it??!!

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Yup.

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Oh, please - like he could think up and write out something that complicated. No, he's got people for that. They're still not as smart as they think they are - but they do know how the law works - and they're smarter than he.

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tRump's "defense" in a nutshell: "Because I walked all these documents out of the WH, they are 'personal' by that very act, and no law nor any person can take them back".

And *Judge* Cannon seemingly is not averse to that argument, which is why we have SC Smith going all hardball on the *judge*, and strenuously opposing even hypothetically considering any interpretations of the Presidential Records Act as grounds for dismissal of his case, which in fact rests upon the Espionage Act in his alleged criminal actions.

It has taken time - too much time, IMO - but this case is about to be air-mailed to the 11th CA for definitive action, and we may a long last see a recusal, voluntarily or otherwise, by Cannon.

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I certainly hope so.

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The security breach represented by Trump's theft of those documents is orders of magnitude worse than it has been portrayed thus far. The intelligence community and the DOJ need to keep a lid on that, but it is in fact really bad. Some of the documents that are still missing would be of enormous value to the Russian Federation and to China. I say "would be" because they may already have been sold.

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The "Order" for staff to load those same boxes of documents onto dt's jet bound for Bedminster for the hosting of the Saudi Prince's 1st Liv golf tournament should be looked at again.

EVERY CRIME LEADS TO ANOTHER...

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Please let the new mantra hold true... ETTD!

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She has masterfully played the situation to her own future advantage. She wants to position herself for preferment if Trump is re-elected, but does not want to lose her job as a judge if he isn't. The best way to do that is to make a ruling that Trump really loves that either gets her removed from his case or gets him off the hook entirely. This seems likely to happen. Mission accomplished.

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I had the same question.

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That's almost too smart

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Apr 3Liked by Jay Kuo

Cannon is the only judge in any Trump case that he has not viciously, personally attacked. No racist remarks (though she is Latina). No attacks on her family. What does that tell us?

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Frustrating, to see obstruction of justice by judges appointed by the defendant (Nichols for Bannon and Cannon for tfg) along with Republicans in the FEC permitting hundreds of campaign finance violations to go unchecked and the SEC allowing a money laundering media venture to proceed to market, the DHS allowing a shadow government operative Grenell to traipse the globe undermining Democracy... Where is the weaponized DOJ I keep hearing about? I'd actually like to see them in action.

https://www.theguardian.com/us-news/2024/apr/03/trump-media-es-family-trust-2022-loans

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It’s really hard when we want the DoJ to be more assertive, yet not become what they want it to become—a political arm of the party in power. A very tricky line to walk.

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True, however, there were more laws broken than have been charged, perhaps after SCOTUS reaffirms their May '20 ruling that there is no absolute immunity then perhaps the dissemination of classified information to unauthorized parties can be filed in NJ? Those documents were not part of FL retention case as they were returned prior to FBI/MAL.

https://abcnews.go.com/Politics/scotus-rules-trump-financial-records-subpoenas/story?id=71382157

https://www.law.cornell.edu/uscode/text/18/798

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"Never attribute to malice that which is adequately explained by stupidity" (Hanlon's Razor) Is it this or is she purposely trying to be put off the case?

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I don’t have enough insight. But two of her clerks have quit this year, which is shocking, so something is going on…

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If she's removed, then former guy can rant about that but not about her and that may save her life.

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She's the combo meal.

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So, the second paragraph of “jury instructions” is telling the jury to decide that the jury doesn’t get to decide? Genius. She’s a righteous space cadet there. A true paragon of imbecility.

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The mind boggles

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Will she be a chapter in the next edition of Profiles in Ignorance

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I'll bet Borowitz is taking notes!

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That’s the way I understood it.

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I kind of like as a jury instruction: "Neither Judge nor jury can question whether the documents at issue here are personal records within the PRA. That decision belongs solely to the National Archives, which has declared that these documents are not personal records, and were taken without authority."

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The PRA has no business within miles of this case. It is strictly an Espionage Act case with grave national security implications, and needs to remain as such. Cannon is trying to deflect this obvious fact and invent law on her own hook. Hard to believe she's really that dumb.

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of course the PRA has nothing to do with this. And the jury should be so instructed.

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"C'MON JACK, JUST DO IT!"

ENOUGH IS ENOUGH!

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Apr 3Liked by Jay Kuo

Great analysis. Hope Jack’s effort is successful.

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I only have one question. Why is she still on the bench? What she is doing is so obvious that she should have been removed long ago.

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Apr 3Liked by Jay Kuo

It's obvious, but it's also all been just this side of legal. It's hard to get a judge removed. this is a good thing, as Trump would have had all of his other ones removed from the bench by now if it was simple. He's trying again to get one recused for no good reason.

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Dumpy's trying to get Judge Merchan recused because Merchan shows no sign of being intimidated by Dumpy's bullshit & bullying tactics and he is continuing to hold Dumpy to account, which poor, iddle Dumpy finds SO UNFAIR wah, wah, wah.

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I think she is a plant, and there are others just like her, waiting for orders.

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The only path to removal of a Federal judge is impeachment. Not happening. Now forced recusal from THIS case? That can and should happen - and shortly.

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Such a good explanation. I was an intellectual property lawyer, not a litigating IP lawyer though, and legal snark was not part of patent drafting. So I absolutely love well-crafted legal snark. Thank you for making this matter, although serious, and with regards to classified information deadly serious, entertaining.

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My late former husband was good at legal snark, and truly appreciated the art.

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I’m sorry for your loss! His snark lives on.

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