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re: Judge: Jury Sees Secret Files or Trump Wins

Posted on 3/19/24 at 2:09 pm to
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422561 posts
Posted on 3/19/24 at 2:09 pm to
quote:

There's a determinable explainable generally established standard of care in this instance.

With this documents bullshite they are trying to make it up as the go along.

But this discussion is about the nature of these documents, and pretending that it's impossible to prosecute a person for illegally possessing them without violating the law.

quote:

Not really an apt analogy at all.

I mean we can do drugs if you want.

The jury doesn't get to smell/smoke weed. They have to rely on experts testifying what the substance is. The defense can have their own experts testify that this incriminating testing was done improperly
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
42602 posts
Posted on 3/19/24 at 2:09 pm to
quote:

There are no charges about these secret documents being classified and therefore needing a security clearance, only that they are tied to national security.

How can something not classified, be put under a national security seal? If it is in fact vital that this information is not shared to protect the national security of the country, then why is it not classified?

Could it be that Trump did, as he stated on several occasions, used his power as president to declassify documents, but the intelligence community finds them embarrassing or at least counter to their own goals and therefore are making them a matter of national security?

Does someone want to venture into what types of information would ever be considered tied to national security but not itself classified?

Either charge Trump with the issues of holding classified documents or explain how it is possible to be non-classified but essential to national security. That is where the judge seems to be going on this.

/\ THIS /\ is a good description of my mindset.
Posted by Y.A. Tittle
Member since Sep 2003
101436 posts
Posted on 3/19/24 at 2:10 pm to
This is not an "experts" case, as much as the prosecution may wish it was.
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
48953 posts
Posted on 3/19/24 at 2:10 pm to
quote:

Show them to the jurors under controlled circumstances. That isn’t terribly difficult.


No shite man. The stuff would be shown at court. They aren't taking documents home.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422561 posts
Posted on 3/19/24 at 2:15 pm to
quote:

This is not an "experts" case, as much as the prosecution may wish it was.

We're just talking about the nature of the identification of the documents.

If these arguments prevail, then these laws are not able to be prosecuted. The Defendant could then always claim "no they're not" and the prosecution goes "damn. nothing we can do I guess"
Posted by Y.A. Tittle
Member since Sep 2003
101436 posts
Posted on 3/19/24 at 2:16 pm to
I wholly reject your notion of any "precedence" here, though.

Or, at least, not the way you are articulating it.
This post was edited on 3/19/24 at 2:18 pm
Posted by RollTide71
Member since Dec 2023
1764 posts
Posted on 3/19/24 at 2:19 pm to
The President is THE Classification Authority. He has the power to determine what is/is not classified. Senators do not. Biden took the documents as senator (which he was not authorized to take. those documents should never have left the classified area) and stored them in his garage for years. biden isn't being charged. selective prosecution.
Posted by CleverUserName
Member since Oct 2016
12634 posts
Posted on 3/19/24 at 2:21 pm to
quote:

People have been convicted for violating these laws before. These procedures have precedent in how to handle these types of cases.


And again.. those people never had the authority to declassify in their roles did they?

This case and a case where a peon with a shiny new clearance and wants to impress his friends are two different cases.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422561 posts
Posted on 3/19/24 at 2:26 pm to
quote:

I wholly reject your notion of any "precedence" here, though.

Or, at least, not the way you are articulating it

This discussion is just about the ability to identify these documents as having a special status at trial.

This isn't about the motivations of the prosecution or esoteric defenses (like declaring declassification or some sort of privilege or whataboutism-based precedent).
Posted by RollTide71
Member since Dec 2023
1764 posts
Posted on 3/19/24 at 2:27 pm to
quote:

a case where a peon with a shiny new clearance and wants to impress his friends are two different cases.
Or a case where a senator illegally takes classified documents out of the CLASSIFIED AREA and stores them in his garage next to his classic green corvette.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422561 posts
Posted on 3/19/24 at 2:28 pm to
quote:

This isn't about the motivations of the prosecution or esoteric defenses (like declaring declassification or some sort of privilege or whataboutism-based precedent).


What amazing timing for this comment
Posted by GumboPot
Member since Mar 2009
118819 posts
Posted on 3/19/24 at 2:29 pm to
quote:

There are no charges about these secret documents being classified and therefore needing a security clearance, only that they are tied to national security.

How can something not classified, be put under a national security seal? If it is in fact vital that this information is not shared to protect the national security of the country, then why is it not classified?

Could it be that Trump did, as he stated on several occasions, used his power as president to declassify documents, but the intelligence community finds them embarrassing or at least counter to their own goals and therefore are making them a matter of national security?

Does someone want to venture into what types of information would ever be considered tied to national security but not itself classified?

Either charge Trump with the issues of holding classified documents or explain how it is possible to be non-classified but essential to national security. That is where the judge seems to be going on this.


Accurate.
Posted by chili pup
Member since Sep 2011
2456 posts
Posted on 3/19/24 at 2:30 pm to
quote:

SlowFlowPro


I can only imagine how your life must suck.
Posted by RollTide71
Member since Dec 2023
1764 posts
Posted on 3/19/24 at 2:34 pm to
quote:

I can only imagine how your life must suck.
Amen Brother!
Posted by CleverUserName
Member since Oct 2016
12634 posts
Posted on 3/19/24 at 2:37 pm to
quote:

Or a case where a senator illegally takes classified documents out of the CLASSIFIED AREA and stores them in his garage next to his classic green corvette.


And shared with his writer for a book he stood to profit on.

I would love to see the leftists seethe when the Biden docs are thrown back in their face. They have zero defense.


Well they do have one.. “our president is too dumb and old to stand trial!”
This post was edited on 3/19/24 at 2:40 pm
Posted by RollTide71
Member since Dec 2023
1764 posts
Posted on 3/19/24 at 2:39 pm to
quote:

They have zero defense.
Agreed. But that won't stop them from screaming but but but BUT TRUMP!
Posted by TigerBaitOohHaHa
Member since Jan 2023
472 posts
Posted on 3/19/24 at 2:41 pm to
oooh, maybe its the PeePee tapes! I hope its the PeePee tapes.
Posted by Y.A. Tittle
Member since Sep 2003
101436 posts
Posted on 3/19/24 at 2:46 pm to
quote:

This discussion is just about the ability to identify these documents as having a special status at trial.


Right. There's no precedence in that vis a vis this scenario, as you seem to be trying to assert. It's not an "esoteric" discussion.
Posted by tigerpawl
Can't get there from here.
Member since Dec 2003
22308 posts
Posted on 3/19/24 at 2:55 pm to
Democrats don't give a rat's arse about the security of the country. All they care about is power. Therefore, he will let the jurors see the docs. This should surprise no one.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422561 posts
Posted on 3/19/24 at 2:57 pm to
quote:

There's no precedence in that vis a vis this scenario

What is so difficult this time?

They're either classified (or "national security") or they're not. It's a pretty easy, binary decision for each document.

If Trump is trying to argue a " wedding feast in Cana" scenario where he turned the water into wine, then that should be done via pretrial motion (similar to his immunity arguments in the DC case), no?
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