Jack Smith, Andrew Weissmann and Lisa Monaco’s Novel Theory – US Code 793 to get Trump

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Main Justice and DOJ special counsel Jack Smith have run head-first into the problem that President Trump declassified all the documents he retained in Mar-a-Lago.

Again, if the media reports are accurate, Jack Smith is now relying on 18 U.S. Code 793, a law created in 1948 intended to stop contractors to the Defense Dept from stealing, selling, or copying U.S. defense system secrets, or patents on defense products.

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Main Justice is now stretching Code 793 to claim any document the government designates as a “national security document” is a national defense document.

I am almost certain this is because the 11th circuit court of appeals ruled the DOJ can label whatever it wants, in any form it wants. As long as the DOJ claims it is a national security interest, it becomes a national security interest. This ruling came from the arguments over the Mar-a-Lago documents.

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If the DOJ says a box of Cheerios is a national security threat, the Judicial Branch accepts that all Cheerio boxes are proffered national-security concerns. It doesn’t matter what the Trump documents are, as long as the DOJ can claim they are vital national security interests.

In the previous ruling of the Mar-a-Lago documents, the 11th Circuit Court of Appeals did what the Foreign Intelligence Surveillance Court (FISC) does with the DOJ-NSD and any matters defined by the originating Main Justice officials as “national security.” The 11th Circuit deferred all definitions to the DOJ.

The DOJ is granted legal benefit of the doubt on all matters of national security, which puts the DOJ-NSD in ultimate control over the star chamber they operate.

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THE TELL – Here’s the “tell” that every pundit, analyst and litigation expert will pretend they don’t notice. It’s the funniest part of the entire thing and yet no one, again except us, is noticing it. The DOJ has already predicated the baseline of their claim by saying they cannot tell anyone, even the court, what the nature of the documents are that underpin their assertion.

Stop and think about that for a moment. NO ONE knows what the documents are, and the DOJ has stated they will never say what the documents are. The DOJ is filing a case about the mishandling of documents, in whatever legal construct they put forth, while simultaneously saying they are under no obligation to tell anyone what the documents are.

DOJ: Trump violated USC 793 in his discussion and/or handling of documents.

Trump Lawyers: What documents?

DOJ: We can’t say, and we won’t tell you.

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