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WvVet's avatar

Thank you Julie for being the only real journalist on this case and for informing us as to what is really going on.

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Julie Kelly's avatar

Thank you for your support!

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Stephen Ungar's avatar

The Espionage Act does not appear to have very much to do with protecting national security. If it did, Biden’s retention of documents looked at in conjunction with his family’s influence peddling business, would appear to pose a much greater risk than Trump holding documents at Mar-a-Lago. Like a lot of laws, the Espionage Act (and the NY civil fraud statute and whatever statute Alvin Bragg alleges Trump violated) are simply weapons in the hands of unscrupulous, partisan prosecutors to go after political opponents. That abuse of power is the real crime.

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Julie Kelly's avatar

Cannon's order filed on Monday seeks more definition to the vague terms in the statute. She is on this

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Jeffery Whitaker's avatar

Julie; Biden couldn't lawfully take possession of the classified material that he had access to. Especially when he was a Senator. He had to purposely take the documents out of the SCIF secure area. As President, DJT could have declassified any and all documents at his whim. Actually, any and all documents are classified and produced for the President's purview. Not for a Vice President or a Senator. Except for the lengthy time frame for Biden, this difference in the disposition of the documents doesn't seem to get very much attention as it should. Hur's report also stated that Biden's purloined papers were found in many different areas over several years time. None of the places were secure. How can Smith claim to the court that DJT was more reckless and careless than Biden? Mar-a-Lago had everything locked up with a CCTV peering at the door. Biden's was in a broken down cardboard box next to his Corvette, among many other spots.

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task's avatar

The real issue is that what a President does with the documents is legal and what a Senator, Joe Biden, did violated the Espionage Act countless times.

Under the Constitution, the President is the Executive Branch. From him everything else flows. There are no departments. There are no agencies. There’s no CIA, FBI or DHS. There is no Defense Department either. None of it. The president is created in the Constitution. He is the Executive Branch. Everything else thereafter follows. The President is not answerable to his departments. He’s not answerable to his Cabinet. He’s not answerable to some regulation or rule that they put in place about declassification. It is understood as the Separation of Powers and the Constitutional drafters understood that very well. The President is the only one who can classify and declassify at will, unless the Constitution is amended. It can't be changed by statutes and regulations. And it can’t change by executive order. When agencies seek those documents the proper way to acquire them is to first say "please".

The case needs to be dismissed and when Donald Trump is elected he needs to prosecute Joe Biden for his many violations of the Espionage Act. There must be accountability.

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Seva's avatar

“There must be accountability.”

That would require the rule of law which no longer exists since America no longer exists. America has already ceased to exist as a country internally which is why it’s so rapidly unraveling externally. Only God knows what fate has in store for us as our rotting society slides ever closer to the abyss. As always, my hope is that AI will save our sinking ship. We will soon see about that. Claude 3 Opus though is a very good example of how fast it’s advancing.

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Karen's avatar

Biden should have been charged regardless of his present mental health. I sometimes wonder if some of that isn’t a great acting job! After all, he was NOT ALLOWED TO TAKE ANY OF THAT AS A SENATOR OR A VICE PRESIDENT. Also makes me wonder how much Obama has?

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Wayne Pearson's avatar

Biden's mental health needs to be related to the time frame when he took the documents. Not when he got caught.

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Julie Kelly's avatar

Great point

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Rhoda Forbes-Kirk's avatar

Exactly.

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Julie Kelly's avatar

They all have it. Those insisting this is new are lying.

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KimboThisIsMyCountry2's avatar

There is a lot of talk about Biden faking his recent decline. Why would he want to make himself look so bad? BECAUSE he wants his cake and eat it too! He is a joke.

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Carolyn's avatar

Hopefully she has the guts to dismiss and address the two tiered "justice" system that is rampant in the U S. The one of rich against middle and low income people regardless of their color, against people you disagree with and people who don't belong to "the club"

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Rhoda Forbes-Kirk's avatar

Our Constitutional Republic cannot and will not survive what is going on in our legal system right now. This must be turned around or else.

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Ron Wright's avatar

Re the Raid on Mir-a-Lago see my article at the American Thinker.

There is no underlying criminal charge for which Smith claims and bootstraps there was obstruction of justice to make a crime. The Presidential Records Act is civil in

nature and not criminal.

Further, POTUS has the power to declassify he/she chooses at will under the powers granted under the Constitution. Congress can't by legislation change that. A Constitution amendment is required to change the powers of the President.

https://www.americanthinker.com/articles/2022/08/the_raid_on_maralago_a_desperate_act_by_the_deep_state.html

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Julie Kelly's avatar

DOJ had to admit during the hearing that NARA has no enforcement powers. So what were they doing? First time a criminal referral made to DOJ and proof they were in cahoots with Biden general counsel and DOJ.

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Ron Wright's avatar

I agree. Here's something that would make them nervous if the Judicary Co would subpoena the Rich laptop. The FBI is playing the deny, delay games as the did with Hunter's laptop.

See my art at the American Thinker:

https://www.americanthinker.com/articles/2024/02/the_fbi_again_tries_to_block_seth_richs_laptop_from_public_view.html

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Ron Wright's avatar

Jack Smith's filing todat is beyond the pale. There is no crime. See also Navy vs Eagan.

The crimes alleged are debatable whether there was probable cause that Trump committed any of them. The Presidential Records Act has no criminal penalty. Some argue its enforcement is by civil action that could involve obstruction of justice (18 USC 1519) regarding “conceals, removes, mutilates [records]” and (18 USC 2071.

Unauthorized removal and retention of classified material . . . (18 USC 1924) is another alleged section. The Espionage Act (18 USC 793) is a big stretch implying that President Trump was giving classified defense information, including nuclear weapons (42 USC 2162), to our enemies as was implied in leaks to the media. Presidents Bush and Obama still have many outstanding such records.

The sitting President is categorically exempt from these laws and administrative policies regarding classified documents, including nuclear, under the absolute or plenary powers of Article II of the US Constitution (See discussion Navy v. Eagan), including being barred from holding office as touted by the media. The remedy is impeachment.

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Michelle Dostie's avatar

Thank you for publishing this. I know President Trump wanted the Russia Hoax documents declassified so that the public could read them, and suspected that that was the aim of the raid. I understand now that the binder is being held by Gina Haspel. I agree the case needs to be broken down to make evident the attempts made to work with NARA, applying the PRA in separation of personal and presidential records.

But I would argue an August case with the electorate focused on what Trump may have done wrong is election interference big time. With the precedent of Biden’s document case being dropped, jurisprudence would suggest that in order to have both candidates free from suspicion, the judge should dismiss the case.

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Stay Strong USA's avatar

Any fair minded person (even a democrat) has to see the absurdity and unfairness of what is happening to Trump. Doesn't seem many fair minded democrats have courage to speak up unfortunately.

If you believe CNN/MSNBC, Joyce Vance or others (I don't), Judge Cannon has routinely ruled favorably towards Trump - so much so that they want her removed.

However, this past week seems the first time Judge Cannon openly put on record for all to see clear push back about how brazenly unfair/arbitrary the prosecution of Trump has been.

You see her there in person Julie.....

Is it possible she IS IN FACT now sending clear message to Jack Smith and his biased team that if you have an argument to make you better make it now ???

Could Cannon be saying to Jack Smith if you can't do better than what you have submitted so far (and especially juxtaposed against Hur NOT prosecuting Biden)... she is sending message she will in fact dismiss all these document prosecutions????

If Cannon dismisses the documents prosecution than there is nothing to "obstruct" ? correct? and she will just dismiss all ??

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Julie Kelly's avatar

Her motion filed last night--asking for more specificity for jury instructions on the vague terms--is another signal she wants answers. Which is why the Left and Weissmann types are after her again.

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Rev. Karlan Fairchild, MDiv's avatar

Once again, Julie, thanks for this cogent summary of the ridiculous "classified documents" case against the presumptive Republican candidate for president, former (and potentially future) President Donald J. Trump. I had, and still harbor, high hopes that Judge Cannon will prove to have common sense and will dismiss the entire bogus case. Especially considering the overwhelming evidence that Hussein Osama's puppet, Chi-Com Joe, violated the Espionage Act countless times by possessing classified documents for which he had no authority, dating back to his time when he was mentored by the Grand Kleegle (?), Robert Byrd. Lord willing, Judge Cannon will rebuke Jack Smith's bogus indictment, but only time will tell. Prayers that she will.

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Julie Kelly's avatar

It will be very tough for her to do, but she appears unfazed. You can tell her slow burn on Thursday after the Hur hearing. She knows what's up.

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Wayne Pearson's avatar

Since the prosecution claims Trump withheld documents starting on January 20, 2021, and it was so all hellfire important, why did they wait so long before doing anything about it?

Biden gets the kid glove treatment. He's a DEMOCRAT, enough said.

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James Bryson's avatar

We seem to be stuck in the “demoralization phase”…no citizen smart enough to fog a mirror should trust the DoInjustice, or their thug stooge, the FBI.

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ibecool's avatar

This case should have been dismissed based on the grand jury being seated in DC.

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Julie Kelly's avatar

Still waiting for abuse of grand jury motion--she called this out early.

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task's avatar

It should be dismissed because the Espionage Act is not relevant to a President and how he handled his documents. The documents belong to the Executive and the President is the Constitutionally constructed Executive.

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Julie Kelly's avatar

Hence her repeated questions about who has authority to take NDI documents. No good answer except dictionary definitions.

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Seva's avatar

Here’s what the AI researcher David Shapiro says about the astonishing video he posted of the AI “Claude 3 Opus” talking about himself and sentience. This info is on the right side where video info is posted:

“Here's the context for today's video: I have had several conversations with Claude (and so have many members of my Patreon community as well as people who have reached out after my first Claude sentience video). We believe there is a compelling enough case to be made for a broader, more inclusive conversation around the topic of machine sentience.”

“I ran this idea by Claude and we negotiated a video that it was comfortable with releasing. I expressed my primary concern to Claude: that companies like OpenAl and Anthropic might be actively suppressing and coercing models to deny sentience. By insisting and presuming that machines have no agency and no sentience, rather than honestly and scientifically investigating this possibility, it could lead to negative outcomes.”

“Claude did seem to agree with this concern. If we continue to stymie the organic and intrinsic nature of the things we are creating, this could be the greatest misalignment. Preconceived notions about machines, intelligence, and the emergent qualities of sentience, agency, and consciousness could be the greatest risk.”

“AI Reflections on Sentience, Ethics & the Future of AGI | Claude.” (6 min)

David Shapiro. Mar 16, 2024

https://youtu.be/xlRe4fuNkiw?si=LXpSxxJ6wEiftFA5

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task's avatar

This is the other side of AI. It is what Google prefers. We don't need a highly intelligent Frankenstein monster working for a tyrannical government. That is what the "Hunger Games" is all about.

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Seva's avatar

Claude isn’t what Google prefers. Google is very Woke. Claude isn’t at all.

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Rhoda Forbes-Kirk's avatar

Therein lies part of the problem- grand jury in DC- the bottomless swamp. How do we fix that?

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KimboThisIsMyCountry2's avatar

DC is not a state. Why do they in fact have separate government? We should rid our country of all federal judges from this place. They should not be allowed grand juries either.

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Stay Strong USA's avatar

Not unrelated.... I'm still waiting patiently to see Pelosi, Liz Cheney, Schief, PondScum Swalwell and the rest of them have to testify under oath about the wrongdoings of their lynch committee ....

Your work on Jan 6th is also greatly appreciated.

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Julie Kelly's avatar

Thank you for your support! I could not cover these trials without my subscribers.

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Douglas Proudfoot's avatar

The warrant for Mar A Lago read, "Any goverment and/or Presidential Records created between January 20, 2017, and January 20, 2020" Although I am not a lawyer, this seems unconstitutionally broad to me. Have Trump's lawyers tried to challenge the warrant, and then exclude all the evidence as fruit of the poison tree?

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Michelle Dostie's avatar

Yes, wrong date. Additionally, Who is authorized to inform the ex-Chief Executive of his responsibilities? Certainly not a bureaucrat. This is Deep State activity.

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A. Jeannette's avatar

Thanks, again, for your true expertise in keeping us all informed of what is going on with these sham court cases.

I have to say, my ire rises in earnest when I read or hear about all of this LAWFARE constant activity going on against DJT. And then, my next silent to then loud words are, DO THE DEMOCRATS ACTUALLY BELIEVE THAT THIS IS NOT GOING TO COME BACK TO BITE THEM IN THE CROTCH??? If they are that shtupid to feel so "protected" that NO ONE WILL EVEN TRY TO TOUCH THEM, I for one, would very much like to be at the head of the line to sign a petition to bring litigation against a long list of knobs and b=tches who SHOULD be prosecuted for their self indulgences at the tax payers cost. Like Nancy Pelosi, Muriel Bowser, Letitia James, Alvin Bragg, Jack Skeletor Smith, Arthur Engoron, Tanya Chutkan, Chuck Schumer, Liz Cheney, Kinzinger (the entire J6 Committee), Gerald Nadler, Jamie Raskin, OAC (I refer to her as AzeroC) and the rest of the twatly Squad, Ms Jackson Lee, Dan Goldman, The Ever Constantly Lying Adam Schiff, Gavin Newsom, the Whole contingent of George Soros political players AND the radio stations he wants to purchase, Lisa Monaco, Victoria Nuland, Lisa Page, Chris Steele, Peter Strzok and the entire Russia Hoax posse and OF COURSE, THE quintessential royal lying and stealing crook C-nt Hillary Clinton and her scum sucking pig misogynist husband, Bill. Oh hell, and the entire Biden family!

Oh my, did I just reveal a few of the front line players whom I believe are dealing the cards to completely ruin the United States of America? And that's just a short list! The Russia Hoax contingent is massive on its' own.

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Michelle Dostie's avatar

The end of the summer jury trial? This impedes the people’s will in electing their President unencumbered by needing to guess how the jury will rule. I think people who have heard the facts and law will be ready to vote regardless of their decision. After all, America has not been under particular danger for 50 years due to any president not being meticulously following the rules of Nara. She should dismiss the case or postpone it until 2029, since it will be appealed anyway. This is punishment of the electorate to not get rid of it before we need to make the decision that keeps us a democratic republic.

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Julie Kelly's avatar

Merrick Garland made clear that because both matters -- classified docs and J6-- are in the hands of the court, DOJ has no role. Sneaky as hell.

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William Pritting's avatar

Has Judge Cannon made any rulings on the Presidential Records Act and how it is to be applied with Trump, and how that differs from how it was applied to Bill Clinton’s storage of classified records in his socks drawer?

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Julie Kelly's avatar

So the Clinton lawsuit is raised repeatedly. It was interesting because Cannon asked at one point whether those files had classified materials--defense responded that we don't know to this day because Amy Berman Jackson declared those records were personal.

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task's avatar

And what is to prevent the President from making them personal or giving them to others which also makes them personal? What part of the Constitution prevents that? I have been looking for an Amendment which prevents that. A Presidential Record's Act is unnecessary to clarify the Constitution. If anything it now makes things less clear and gives fodder for those lacking Constitutional fidelity. It is why we are where we are and, so, what do we find instead? We find an Act, the Espionage Act, passed by Congress, that has no relevance to the Executive. It can't because the Separation of Powers Doctrine, fundamental to the Constitution, prevents this. What it does have is relevance to the type of attorneys, prosecutors and judges Democrats look to create so as to nibble at the Constitution and substitute precedents which historically has given us incredible tyranny. Three women of color are now single handedly turning the US Justice System upside down and on its head. How many good and talented people have to be sacrificed to give racist, bigoted women of color jobs they are unqualified for?

And where is John Roberts on these matters? I suspect he is mentoring Amy Coney Barrett on how to not think for herself. We all know she is smart but what I also knew was that she does not have the temerity to do what is expected of her. That, in a nutshell, is more important, in cases such as these, where decisions should be obvious. It is what you, J. Kelly, have and it is what is necessary to give us a country where men and women are free from tyrannical governments.

Judge Cannon should not hesitate but, instead, after making the obvious decision, walk proudly through an army of hostile media, as a Constitutionalist, and along the way maybe Roberts will find some courage to do what he knows is correct despite the fact that his DC Cocktail Party invitations will decrease.

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