The Goat Pen

Andrew Napolitano, in the Washington Times:

... When he learned from a phone call that 30 FBI agents were at the front door of his Florida residence with a search warrant and he decided to reveal this publicly, Mr. Trump assumed that the agents were looking for classified top-secret materials that they’d allege he criminally possessed. His assumptions were apparently based on his gut instinct and not on a sophisticated analysis of the law. Hence, his public boast that he declassified all the formerly classified documents he took with him.

Unbeknownst to him, the feds had anticipated such a defense and are not preparing to indict him for possessing classified materials, even though he did possess hundreds of voluntarily surrendered materials marked “top secret.” It is irrelevant if the documents were declassified, as the feds will charge crimes that do not require proof of classification. They told the federal judge who signed the search warrant that Mr. Trump still had NDI in his home. It appears they were correct.

Under the law, it doesn’t matter if the documents on which NDI is contained are classified or not, as it is simply and always criminal to have NDI in a non-federal facility, to have those without security clearances move it from one place to another, and to keep it from the feds when they are seeking it. Stated differently, the absence of classification — for whatever reason — is not a defense to the charges that are likely to be filed against Mr. Trump.

Yet, misreading and underestimating the feds, Mr. Trump actually did them a favor. One of the elements that they must prove for any of the three crimes is that Mr. Trump knew that he had the documents. The favor he did was admit to that when he boasted that they were no longer classified. He committed a mortal sin in the criminal defense world by denying something for which he had not been accused.

The second element that the feds must prove is that the documents actually do contain national defense information. And the third element they must prove is that Mr. Trump put these documents into the hands of those not authorized to hold them and stored them in a non-federally secured place. Intelligence community experts have already examined the documents taken from Mr. Trump’s home and are prepared to tell a jury that they contain the names of foreign agents secretly working for the U.S. This is the crown jewel of government secrets. Moreover, Mr. Trump’s Florida home is not a secure federal facility designated for the deposit of NDI.

The newest aspect of the case against Mr. Trump that we learned from the redacted affidavit is the obstruction allegation. This is not the obstruction that Robert Mueller claimed he found Mr. Trump committed during the Russia investigation. This is a newer obstruction statute, signed by President George W. Bush in 2002, that places far fewer burdens on the feds to prove. The older statute is the one Mr. Mueller alleged. It characterizes any material interference with a judicial function as criminal. Thus, one who lies to a grand jury or prevents a witness from testifying commits this variant of obstruction.

But the Bush-era statute, the one the feds contemplate charging Mr. Trump with having violated, makes it a crime of obstruction by failing to return government property or by sending the FBI on a wild goose chase looking for something that belongs to the government and that you know that you have. This statute does not require the preexistence of a judicial proceeding. It only requires that the defendant has the government’s property, knows that he has it and baselessly resists efforts by the government to get it back.

Where does all this leave Mr. Trump? The short answer is: in hot water. The longer answer is: He is confronting yet again the federal law enforcement and intelligence communities for which he has rightly expressed such public disdain. He had valid points of expression during the Russia investigation. He has little ground upon which to stand today.

https://m.washingtontimes.com/news/2022 ... -indicted/

Remember when he said "I’m ‘Like, Really Smart,’ a ‘Very Stable Genius"?

No

C'mon now. You know you do.

Making plans for Nigel.

Retired cop gets 10 year sentence in J6 assault case

A retired New York Police Department officer was sentenced on Thursday to 10 years in prison for attacking the U.S. Capitol and using a metal flagpole to assault one of the police officers trying to hold off a mob of Donald Trump supporters.

Thomas Webster's prison sentence is the longest so far among roughly 250 people who have been punished for their conduct during the riot on Jan. 6, 2021. The previous longest was shared by two other rioters, who were sentenced separately to seven years and three months in prison.

Webster, a 20-year NYPD veteran, was the first Capitol riot defendant to be tried on an assault charge and the first to present a self-defense argument. A jury rejected Webster's claim that he was defending himself when he tackled Metropolitan Police Department officer Noah Rathbun and grabbed his gas mask outside the Capitol on Jan. 6.

U.S. District Judge Amit Mehta sentenced Webster, 56, to 10 years in prison plus three years of supervised release, noting that along with Rathbun, “the other victim was democracy." He allowed Webster to report to prison at a date to be determined instead of immediately ordering him into custody.

https://journalnow.com/news/national/ex ... 439cbadbb0

2nd

Dammit. Now I gotta go watch the speech to see how good it was.

Biden is just another shill like Obama and Hillary. He promised corporate and Wall St that nothing was going to fundamentally change and he's making good on that.

Facebook moderators allow graphic images of Russian airstrikes against Ukraine while censoring Israeli attacks against Palestinians. Yes aTm, it's all Russian Propaganda. You don't have to click it.

https://couragenews.substack.com/p/face ... dium=email

Great speech. I have never seen someone beat dementia before but damn Joe did it. He brought us back to where it all started and said well, here we are. Whatcha gonna do now? Then he laid it out for ya. He didn't go scorched earth on the Republicans. He made that a point. He went after MAGA. Uncle Joe has had enough of Trumps shit. Time to move on and actually drain the shit infested scum that's infected Washington since 16. Things are looking up. Cut the shit. Vote Blue till those dumb Red fuckers can figure it out.

What has Biden or Obama or any Democrat in the last 50 years done for the working class?

Improved their portfolio

You're a portfoolio.

"He promised corporate and Wall St that nothing was going to fundamentally change and he's making good on that."

Thank goodness. I know you'd much prefer kill the rich anarchy and chaos (b/c you have nothing to lose anyway), but I guess you'll have to content yourself to jacking off to Madam DeFarge instead...

Circle K was running a promotion yesterday, filled my car up for $2.73/gallon...