Trump under investigation for violating the US Espionage Act, obstruction of justice, and destroying federal government records

episode 8 bullshit GIF by RuPaul's Drag Race

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There will be no need for Biden to pardon him.

If he’s convicted of anything he produces a pardon he gave himself on January 19th 2021.

Absurd? Sure but this is trump.

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These crimes occurred after that day. The pardon wouldn’t apply.

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Of course but it’s trump, his understanding of anything presidential or legal is zero.

“I, Donald J Trump, hereby pardon Donald J Trump for all past and future crimes that I have not committed but was framed for.” signed Donald J Trump.

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It also follows that he should have returned the documents after he ceased to be the president. He didn’t pay for those documents, they are the property of the United States, not of ■■■■■. He had access to them while he was president but removing them from the White House and keeping them after Biden was sworn in could also be construed as theft of government property.

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A tad off topic, but this episode of the Throughline podcast was a great reminder of how this has been going on for over 50 years. They’re talking specifically about inflation, during and after WWII, to now, but it covers FDR through Reagan. Democratic leaders fixing things, Republicans breaking them, and the following democrats cleaning up (and being blamed for) the mess.

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Moreover, if any other worker shared his attitude-- “the security rules don’t apply because they are too inconvenient”, that worker would be fired and possibly prosecuted.

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If it were you or I*, we’d be in trouble for leaving a classified document on the printer, or sitting on a desk – i.e., a printer or desk at work. There’d probably also be the question of why we felt the need to print it out in the first place (though that could depend on the document, and what it’s for).

*But then, “binds not protects” vs. “protects not binds” etc.

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what? you need an amendment for that? how would you even fit four horses inside a home and: What a mess.

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That was a major hot button issue in the 18th century and not just in the US.

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This book claims that it’s misunderstood by modern audiences.

When Americans declared independence in 1776, they cited King George III “for quartering large bodies of armed troops among us.” In Quarters, John Gilbert McCurdy explores the social and political history behind the charge, offering an authoritative account of the housing of British soldiers in America. Providing new interpretations and analysis of the Quartering Act of 1765, McCurdy sheds light on a misunderstood aspect of the American Revolution.

Quarters unearths the vivid debate in eighteenth-century America over the meaning of place. It asks why the previously uncontroversial act of accommodating soldiers in one’s house became an unconstitutional act. In so doing, Quarters reveals new dimensions of the origins of Americans’ right to privacy. It also traces the transformation of military geography in the lead up to independence, asking how barracks changed cities and how attempts to reorder the empire and the borderland led the colonists to imagine a new nation.

Reminds me of a perhaps stillborn attempt to argue against mass surveillance using third amendment arguments.

e.g.

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Ah, interesting. To be honest I was mostly thinking of (my rather limited unterstanding of) the situation here in Germany between the introduction of standing armies and before barracks as we know them became standard.

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… also they’d argue that “peacetime” is no longer a relevant concept, as there are now always multiple overlapping “wars”—including “on drugs,” “on terror,” and whatever happened in Syria this week

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Well we (the U.S.) haven’t formally declared war since 1945 1942. But the amendment specifies both peacetime and war; the latter would presumably need some act of Congress to allow wartime quartering.

Anyway:

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I guess I’ll be that guy who ruins the (excellent) joke by explaining it.

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Oh, shit.

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I don’t think that’s how it works.

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ive been wondering how the fbi handles the documents. they’re probably not allowed to have them, they certainly can’t read them. i’m sure the laws governing the investigation are probably super complicated.

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The specific agents were probably cleared and read into that specific container in advance. They knew what they were looking for.
And if the cover sheets are intact, the agents can hand it to someone who can verify the contents.

Remember, the FBI has an entire counterintelligence division, and it itself generates TS/SCI material quite often.

(SCI is essentially bureaucratized need to know-- a person working on Talent Keyhole stuff will not need to know about human intelligence (and vice versa). Therefore, if the system works, they will not be able to come anywhere near files outside their expertise. But investigating a possible spy will probably be recognized by the originating agency as “need to know”)

source: i read a lot of spy novels and listen to lawfare podcasts :wink:

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