1/3 Jack Smith's case in SDFL is on the verge of collapse for his ABUSE of a DC GJ. Judge Cannon identified a problem & DEMANDED briefing on the issue by Nauta, inviting Trump's attorneys to also respond. They joined Nauta's response. I'm NOT happy they failed to file separately.
2/3 Smith's 8.22.23 response is an attempt to GASLIGHT Cannon:
"When the [Govt] started the [GJ]
investigation in [DC], it could not know the full scope of the evidence that
would be gathered, but from the outset, the investigation encompassed conduct that spanned [DC & FL].."
3/3 "From the outset" the only "conduct" Smith mentions taking place in DC was while Trump was POTUS. It's IMPOSSIBLE for his actions IN DC re Pres. Records to be criminal. So Smith's INITIAL use of DC GJ was gross misconduct & the only offense in DC resulted from DOJ misconduct.
4/4 This is CIRCULAR MISCONDUCT in abusing a DC GJ:
"[T]he investigation uncovered evidence of federal offenses in both districts."
The ONLY offense in DC is an alleged perjury during an IMPROPER use of GJ in DC to investigate allegations that took place EXCLUSIVELY in Florida.
5/5 Every Count in the Indictment lists the date of offense as having begun AFTER Trump was no longer POTUS. Hence, the Indictment contains an ADMISSION by DOJ that no offense did - OR EVER COULD HAVE - taken place in DC👇:
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🚨This sounds like a blanket pardon to me👇. POTUS doesn't have to use the word "pardon" or "reprieve" from text of Constitution. POTUS can commute sentences; grant clemency; & give amnesty. SCOTUS held all are valid uses. EXECUTIVE power of US said, "Go home with love & peace."
2/3 POTUS might've said, "Fleeing the Capitol to avoid prosecution could violate 18 USC 1073. Peacefully turn yourselves in."
The tweet is obv clemency. EXECUTIVE POWER is vested in POTUS.
WAPO oped agrees POTUS can tweet pardon👇
3/3 SCOTUS held multiple times that the Executive Power to pardon comes directly from common law power of the King, is absolute, and cannot be challenged or subverted by Congress👇If staff later convinced Trump that a blanket pardon by tweet was invalid...that doesn't reverse it.
1/2 THE "FAILED ELECTION" LAW IS A COMPLETE DEFENSE TO JAN 6 TRUMP INDICTMENT
3 USC §2 was repealed in '22 but is relevant to '20 POTUS election. It states that a failed election occurs if electors aren't appointed by election day. Read the👇NYT article:
2/3 No Court has defined what a "failed election" is. Two federal statutes were enacted in 1872 to extend extra time for Texas & Louisiana to choose electors. This law rev👇article explains that the federal election statute was a fraud prevention measure:
3/4 Since there was a federal election day statute enacted to prevent election fraud, Trump had every right to argue that the '20 election failed to appoint electors on election day. In 1997, SCOTUS held that elections must be completed on election day👇:
Q: Why does CORCORAN use "custodian of records" in his filings while having Christina Bobb sign the 6.3.22 Certification as "Custodian of Records".
A: FORMER PRESIDENTS ACT
🚨Why did CORCORAN tell Court that "staff" conducted the 6.2.22 search - when he alone conducted it?
2/2 Why does CORCORAN use "Custodian of Records" (also Bobb) re June 22 subpoena to the "Trump Organization" while using "custodian of records" as to her re Office of FPOTUS - while preparing Certification for HER to sign as "Custodian"?
WTF🚨 Those aren't typos. Wake up, folks.
The FORMER PRESIDENTS ACT is CRUCIAL to understanding why CORCORAN knew there was no "Custodian of Records" in the post-presidential "Office" of DJT - while there is such a "Custodian" in the "Trump Organization". CORCORAN is a former federal prosecutor🚨
This looks VERY bad. I've attached 4 screenshots indicating DOJ perpetrated a FRAUD on the Court in its warrant application affidavit. These show Trump's attorneys KNOW there was fraud. Where are the Motions to Dismiss Indictment & to Suppress evidence?
2/4 The May 5 warrant app affidavit👇states that Trump Attorney 1 (Corcoran) "was advised" that only the "STORAGE ROOM" contained documents responsive to the subpoena. The affidavit alleges that such advisement obstructed Corcoran's search. BUT on Aug 30, DOJ altered this fact...
3/4 The Aug 30 DOJ filing no longer alleges Corcoran "was advised" to only search the "Storage Room". DOJ backs off to say Corcoran only "represented" SR was "sole repository".
Now look at FN#1 in Trump's Aug 31 reply👇informing Court DOJ "misled the Magistrate" as to June 3...
I present the current NARA faq on classified docs donated ILLEGALLY to private institutions from former government officials OR contractors. NARA says govt will "respect your rights to maintain...collections of donated personal papers."👇
"Former government officials and contractors have been known to retain papers containing classified national security information and eventually donate them to private archives."
NARA doesn't mention criminal referrals👇
3/4 🚨WTF NARA
"If you discover classified materials... immediately remove the records from public review and restrict access to as few staff members as possible...records should be locked in a safe, filing cabinet, or other secure areas."