Too many newly minted experts, armchair analysts, TV lawyers & journalists NOT getting strict liability use of Espionage Act in affidavit submission for judicially authorized probable cause search & seizure warrant by FBI at Trump’s MAG-A-LIEgo ‘storage’ facility of last resort.
I know because I lived the reality on receiving end of a profoundly debilitating 10 count Espionage Act-based 18 USC 793e felony indictment, even though all docs were unclassified & also authorized & cleared by security for approved removal from NSA.
However, in the Espionage Act what is called National Defense Information (NDI) does NOT require that the docs are classified at all — just what the gov’t defines as NDI. This is a really critical point.
And under the Espionage Act, if classified/NDI docs are in a location NOT authorized or NOT in approved or properly protected space/containers then it is a felony for mishandling.
And if classified/NDI docs are missing, destroyed or mutilated then it’s a felony & attempts to hide or conceal classified/NDI is also a felony.
And then there is the HUGE Espionage Act controlled elephant-in-the-room potentially hanging over Trump —
What is/was Trump’s true intent & purpose for retaining all these unauthorized, highly sensitive state secrets as if he ‘owned’ them & even apparently codeword level docs like it was personal property at his rather insecure offsite beach house?
Gov’t also attempted to frame their narrative about me that I had not just stolen tippy top secret docs, but also Controlled material, AND also destroyed sensitive & classified docs AND failed to return it all as gov’t protected information.
Gov’t in my case further alleged that I willfully retained classified/NDI for the purposes of disclosure that caused/could cause up to exceptionally grave damage to national security of US. Gov’t also treated me as a direct threat Enemy of the State.
And beyond NARA investigation under PRA for missing docs, IF nuclear, Exceptionally Controlled Information, SAP/SAR, Prez Eyes Only equivalent or especially counterintelligence or foreign national/intelligence issues are in play from the past or present…
…then Trump may actually face FAR higher criminal exposure from the Espionage Act than ‘mere’ mishandling/storage/retention violations.
Look — Admittedly still having flashbacks with all the search & seizure fallout continuing to dominate the news after FBI’s warranted visit to Trump’s primary residence. Why?
Given government’s own heavy-handed over the top search & seizure no notice early morning FBI raid of me when I was at home followed by glare of media covering the raid later that day…
…followed eventually by a 10 count felony Espionage Act indictment, that also included alleged felony obstruction of justice and alleged felony lying to FBI agents…
Some after thoughts on Trump’s classiLIED beach house CURIOsity shop with built on sand ‘SCIF’ chock full of scarfed SEKRITS, FBI search & seizure, Espionage Act, public interest & hypocrisy. 🧵
The Espionage Act statutes — especially 793 — originated with a draconian, WW I-era heavy handed law that was left over from the Wilson Admin…
…to clamp down on war dissent/protest & redress of grievances against gov’t policy & actions (arguably a 1st Amendment violation), as well as real spies & National Defense Information getting into unauthorized hands.
Quite clear Trump took a BUNCH of docs & brought them to Mar-a-Lago.
Key question though — Why wasn’t possible/probable NDI, classified, super sensitive & secret SAP/SAR & even codeword material left behind & properly protected?
Some of these categories of SAP/NDI code level information are super close hold with highly restricted distribution & even one off eyes only. May explain why NARA grew increasingly alarmed as they attempted to account for missing docs.
Perhaps during presidential transition period after Trump lost election (or even earlier) security officers/Secret Service didn’t pay enough attention in what was collected — err, klepped — over time at Trump’s direction as it ended up in White House residence—tossed into boxes.
Admittedly having a lot of flashbacks from the 28 Nov 2007 FBI national security related warrant-based ‘raid’ at my residence & university office…
…triggered by all the dominate news of late on the FBI search & seizure & removal of a trove of documents at Mar-a-Lago.
My take? The level of classification of allegedly unauthorized retention and storage of national security or Prez Eyes Only docs removed from Mar-a-Lago is probably at the highest levels…
Some of us know what life is like when privacy totally stripped from you. The Internet of Things turning into a surveillance platform of massive proportions in the utter obsession of Gov&Corp to persistently invade everything about you w/out your consent—an auto opt-in Panopticon
We’re entering a period in history I will call Privacide of Society—for gain & profit—& by actors who view anything about anybody as suspicious & primed for pre-crime—especially when they hold the power to systemically view & access the data streams of your life in hi-definition.
I hear the all too familiar refrain - have nothing to hide so nothing to fear. Ignores slippery slope of surveillance history & framing of ‘undesirables’ & targeting of ‘others’ by those in power.
Just so it’s crystal clear for all to hear. I stand with #JulianAssange as he greatly suffers & suffocates in a UK prison with his very life in jeopardy from the predations of State power — while way too many still spout & shout out gov’t allegations against him as inviolate. 1/6
I know what it’s like to risk one’s life & liberty & experience pathological & vindictive vice grip of State power as I was framed, indicted by US under draconian Espionage Act & labeled as a self-radicalized Insider Threat, then sentenced & went free under a #CFAA plea deal. 2/6
Why? Becuz I blew whistle as duty to warn on deep abyss of StateSecrecy & in public interest as press source reporting on harm & abuse of normalized psychopathic NatSecState power, violations of law & rise turn-key technocratic tyranny for societal surveillance & control ends 3/6