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Tag: Treason

Did Donald Trump Possibly Commit A Crime?

Did Donald Trump Possibly Commit A Crime?

If President Donald Trump took any classified documents into his personal possession, is so wrong for so many reasons:

What laws may Trump have broken? 

A warrant gave prosecutors the right to seize records at Donald Trumps home, offices, etc that contain  evidence, in violation of three federal laws:

18 U.S. Code § 793 – Gathering, transmitting or losing defense information.

18 U.S. Code § 2071 – Concealment, removal, or mutilation generally

18 U.S. Code § 1519 – Destruction, alteration, or falsification of records in Federal investigations and bankruptcy

 

Let’s examine some of the reasons this may have been harmful and thus wrong for the United States of America:

Removing classified documents from approved government spaces allows more easy access by enemy nations to take advantage by possessing and reading information that is not to be seen by anyone not approved.

“If Trump is found to have violated federal law in removing and retaining classified documents without authorization, he could be convicted of a felony punishable by five years in prison.”

Have any people in other countries, who have been working for the Central Intelligence Agency, been revealed and thus threatened, tortured or killed as a result of documents taken by Trump?

Did Donald Trump profit by sharing the highly secret documents with enemy nations?  If this is found out to be true then this goes way beyond any reason to not prosecute.

The Law:

Espionage Act (including death if the leak resulted in the death of a covert agent)

The Espionage Act of 1917 prohibited obtaining information, recording pictures, or copying descriptions of any information relating to the national defense with intent or reason to believe that the information may be used for the injury of the United States or to the advantage of any foreign nation.  This was one reason used to allow federal agents to search former president Donald Trump’s residence in Florida for top secret government documents that may have been taken when he left office.

https://theintercept.com/2022/08/16/trump-espionage-act-classified-documents/

https://theconversation.com/you-dont-have-to-be-a-spy-to-violate-the-espionage-act-and-other-crucial-facts-about-the-law-trump-may-have-broken-188708

Treason involves betraying one’s nation generally by giving information to a hostile entity.  The penalties can vary.

Treason is any intentional act that furthers the enemy’s hostile designs or weakens the United States gives aid and comfort to, and “adheres to,” the enemy.  If Donald Trump passed any classified documents a known agent for a foreign government, then Trump is in serious trouble.

Treason Penalty: Under U.S. Code Title 18, the penalty is death, or not less than five years’ imprisonment (with a minimum fine of $10,000, if not sentenced to death). Any person convicted of treason against the United States also forfeits the right to hold public office in the United States.

Capitol Punishment can be imposed for treason.

The penalty for high treason is life imprisonment. The penalty for treason is imprisonment up to a maximum of life, or up to 14 years for conduct under subsection (2)(b) or (e) in peacetime.

No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act or on confession in open court.

https://www.newyorker.com/news/our-columnists/did-donald-trump-and-his-supporters-commit-treason

https://www.criminaldefenselawyer.com/resources/treason.htm

Summary:

It is quite possible that Donald Trump, taking classified documents, was just a colossal stupid act on his part.  If this is the case, it still sends a horrible message to United States spies operating in foreign countries not to trust this country to properly keep secrets.  Also, this whole discovery and prosecution process has gone on for so long that it has been amplified in the news beyond belief.  Any foreign spy working for the United States would have to be living in a cave for months not to know what happened.

If any single person, who was working as a spy for the United States and was killed as a result of documents revealing his or her existence through Donald Trump having a revealing document, then Donald Trump should be labeled a traitor and his life may be terminated.

 

 

 

Posted 9-18-2022
Revised 9-19-2022

What Exactly Was The U.S. Capitol Attack, January 6, 2021, All About?

What Exactly Was The U.S. Capitol Attack, January 6, 2021, All About?

This entry is part 1 of 3 in the series The U.S. Capitol Attack, January 6, 2021

Was any of what took place January 6 2021, illegal?

Question:  Was January 6, 2021, an act of terrorism?

Answer:  According to U.S Government legal codes the activities did meet the criteria for terrorism for the following points listed below.
(I will list only those which I believe obviously apply.)

Citation for this post:  Prohibited Acts as stated in 18 U.S. Code § 2332b Acts of terrorism:

Kills any person within the United States?
Capitol Police officer Brian Sicknick, died the next day after responding to the riot.

Maims any person within the United States?:
“about 140 officers were injured, the head of the Capitol Police officers’ union said”

Commits an assault resulting in serious bodily injury within the United States?
“about 140 officers were injured, the head of the Capitol Police officers’ union said”

“At least 81 Capitol Police officers were assaulted during the siege of the Capitol, according to filings by federal prosecutors.”

Assaults with a dangerous weapon within the United States?
“a review of the federal charges against the alleged rioters shows that they did come armed, and with a variety of weapons: stun guns, pepper spray, baseball bats and flagpoles wielded as clubs. An additional suspect also allegedly planted pipe bombs by the headquarters of the Democratic and Republican parties the night before the riot”

Creates a substantial risk of serious bodily injury to any other person by destroying or damaging any structure, conveyance, or other real or personal property within the United States or by attempting or conspiring to destroy or damage any structure, conveyance, or other real or personal property within the United States.

“the rioters had overwhelmed police surrounding the Capitol. They pushed past them, stripped them of their weapons, dragged them to the ground, sprayed them with chemical irritants, beat them, bludgeoned them, or tased them.” 

 “they broke down barricades. They scaled the walls. They shattered windows.”

Attempting to conspire to destroy or damage any structure, conveyance in the United States.

“For days, Donell Harvin and his team had spotted increasing signs that supporters of President Donald Trump were planning violence when Congress met to formalize the electoral college vote.”

 

 

 

This blog article used this web site for reference:

https://www.law.cornell.edu/uscode/text/18/2332b

The author of this blog is NOT a lawyer.

 

Posted:  Jan 10, 2022
Updated:  January 11, 2022

What Alleged Crimes Could Donald Trump Be Charged With For Attack On Congress?

What Alleged Crimes Could Donald Trump Be Charged With For Attack On Congress?

This entry is part 5 of 11 in the series Donald Trump

What Alleged Crimes Could Donald Trump Be Charged With For Attack On Congress?

 

The Democratic presentation for the second impeachment of Donald Trump appeared so powerful that they seemed to prove, without any doubt, that allegedly Donald John Trump performed criminal acts.  According to existing law, Donald J. Trump could be facing fines and imprisonment for 10 to 20 years.

He allegedly organized and incited the attack upon the capitol of the United State and individuals.

Next is some possible legal reasons why President Trump’s alleged actions were a crime:

18 U.S. Code CHAPTER 115—TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES:

§ 2383 – Rebellion or insurrection

“Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.”

§ 2384 – Seditious conspiracy

If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.

§ 2385 – Advocating overthrow of Government

“Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or

Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or

Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—

Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.

As used in this section, the terms “organizes” and “organize”, with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.”

Source:  https://www.law.cornell.edu/uscode/text/18/2385

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42 U.S. Code §?1985. Conspiracy to interfere with civil rights

 

(1)Preventing officer from performing duties

If two or more persons in any State or Territory conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof; or to induce by like means any officer of the United States to leave any State, district, or place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties;

(2)Obstructing justice; intimidating party, witness, or juror

If two or more persons in any State or Territory conspire to deter, by force, intimidation, or threat, any party or witness in any court of the United States from attending such court, or from testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or witness in his person or property on account of his having so attended or testified, or to influence the verdict, presentment, or indictment of any grand or petit juror in any such court, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or of his being or having been such juror; or if two or more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws;

(3)Depriving persons of rights or privileges

If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.

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Note:  Rep. Bennie G. Thompson (D-Miss.) has filed a lawsuit against President Donald Trump, attorney Rudolph W. Giuliani and two extremist groups IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, 02/16/21.  This lawsuit is represented by the NAACP and Cohen Milstein Sellers & Toll.  The lawsuit is using the 42 U.S. Code §?1985. Conspiracy to interfere with civil rights as basis for their lawsuit.
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Note:  The blog writer is NOT a lawyer and has no legal training.  The above information should show obvious meaning and not require any special training.

 

 

 

Posted: February 13, 2021
Added. 42 U.S. Code §?1985: because of new lawsuit.  February 16, 2021
Refined:  July 11, 2022

Continuum Of Treason

Continuum Of Treason

Continuum is a mental realization, a mental tool, that we use as a means to realize natural and man made things we view in life. It is a really interesting intellectual way that we can visualize, in our minds, some opposite situations that are related. We are, in effect, placing a mental ruler of varying length between two opposite situations that we see, when those situations lend themselves to be measured together.

For a continuum to work there should be two opposite extremes but they are connected typically by degree. We typically “see” or realize the connection of the two extremes because they shout at us that they are opposite and connected in some way. But, there should be a factor of degree or how much of one side or the opposite side we are looking at and set a value on that point. The word I used is “degree” and that is vitally important to appreciate because it is a concept that will link the two opposite extremes. Typically there is more or less degree of something. There are an incredible number of continuum’s.

Let me offer some simple continuum examples followed by how each can be measured:

  • Light to Dark (Light meter)
  • Happiness to Sadness (Expressions on a person’s face)
  • Dry to Wet (Rain gauge)
  • Still air to Hurricane (Anemometer)
  • Short to Tall (Ruler)

The word “to”, in the above examples means that there can be a transition or movement from one extreme to the opposite extreme or one side to the opposite side. This transition can be short or long or any length. It is up to the person telling or writing where on the continuum scale we are concerned.

A really good continuum is one where the two opposite extremes are far apart because we are more likely to notice the differences. A really good example is the change of seasons. When this takes place in the northern hemisphere where the trees change color and plants go dormant the continuum process is very slow but unmistakable.

Some continuum’s lend themselves to be shown in graphic form.  When showing a continuum graphic, there are some common standards that some people use. Usually a line is used and the end points are labeled as to the minimum at one end and maximum at the other end. Typically the graphic continuum line is horizontal but for some measurements like height it is usually vertical. Let me show you a continuum line for treason (see below).

Accident        Collude        Coordinate         Conspire         Treason
X_______________________________________________X

In the Mueller Report there is a continuum that is revealed in the Introduction To Volume I. This continuum is explained as the degree that the Trump administration worked hand in hand with the Russians. At one end of the continuum is low criminal level called helping, which might be done by “accident”. Next serious might be helping Russia on purpose, called “collusion”, for some implied gain by one or both parties. The next, more serious degree is to “coordinate” with Russia. This third to last degree, coordinate, is considered illegal in the United States. The Mueller Report hones into two points on the continuum, collude and coordinate. For some reason collude is not illegal. Obviously coordinate is illegal because it implies BOTH parties are working together for a single purpose. But, I propose that coordinate might also mean that BOTH parties were working together but avoided detection.

Conspire, second to the last right side continuum point, is definitely a crime.  The Mueller Report failed to establish this activity took place by the Trump administration.

The last, far right, point on the continuum is treason and this is definitely illegal. It is a bit different in that it specifies that individuals actually work against the interests of the country.  The Mueller Report did not show examples of this continuum extreme by the Trump administration.

Let me state this again. In the Mueller continuum he talks about three out of the five main continuum measure points:  collude,  coordinate and conspire. The continuum begins with less formal and works toward more formal working together between Trump administration and Russia. Let’s read the definition of all five continuum points:

Accident: “an event that happens by chance or that is without apparent or deliberate cause”. Obviously we have no concern for individuals in the Trump administration helping Russia by accident.  This is the low end of the continuum, non criminal.

Collude: “cooperate in a secret or unlawful way in order to deceive or gain an advantage over others”.  This sure sounds like we are getting close to criminal activity.

Coordinate: “negotiate with others in order to work together effectively” implying, in this case, that the Trump administration was working with Russia toward some nefarious end.  But, “”coordination” does not have a settled definition in federal criminal law”.  The Mueller Report states that coordination requires an agreement – tacit or expressed – between the Trump Campaign and the Russian government on election interference.  The Mueller Report failed to support the view that the Trump administration came to this level on the continuum.  (The Mueller Report goes on to state “That requires more than the two parties taking actions that were informed by or responsive to the other’s actions”.  I think this is a mistake in the report because it states “more than the two parties”.  Coordination typically implies two or more parties.  Two is enough to make coordination!)

Conspire:  To make secret plans jointly to commit an unlawful or harmful act.  The Mueller team used this threshold on the continuum to trigger a response that the Trump administration broke the law which they did not reach.

Treason: the action of betraying one’s country, the United States.  There are no reports that the Trump administration approached this level on the continuum.

One definition of treason uses the word “betray’ which has further meaning of “expose one’s country to danger by treacherously by giving information to an enemy.” Think of the number of times Donald Trump had private consultations with the ruler of Russia and no one was allowed to record what took place.

Looking at the above continuum points, I find it impossible not to categorize “collude” as a crime. But, collusion, itself, is not a specific federal crime. The dictionary definition comes close to saying that the Trump administration did commit a crime. The Trump administration did collude with the enemy of the Untied States, Russia, as outlined in the Mueller Report. Russia wants a weak United States and Putin viewed Trump as acting toward that end. Donald Trump received help in getting elected and possibly received more secret benefits from Russia. That should be illegal and a punishment should be handed out to those who participated in those acts..

References: https://www.politico.com/magazine/story/2017/07/12/what-is-collusion-215366

Posted: May 14, 2019

 

Fox “News” Allege Treason

Fox “News” Allege Treason

Attention Fox “News” lawyers:

Fox “News” may be approaching the violation of the United States Constitution Section 3 defining what constitutes treason against the United States. There are two separate triggers meaning that it only takes either one or the other to achieve this high crime.

Trigger #1 Levying war against the United States.
Trigger #2 Adhering to US enemies by giving them aid and comfort.

The word “Adhere” means “believe in and follow the practices of”. In this current case we now experience in the Untied States, it would be “believing in and follow practices of Russia. This means that Fox “News” should not believe, follow, promote the practices, and purpose of Russia to harm the United States!

Recently, Fox “News” has attacked Robert Mueller for his investigation of the alleged Russian interference of the 2016 Presidential Election process. In particular, the investigation is tasked to look into ties between President Trump’s campaign people with Russian officials and following their “orders”. A possible investigation result may find that some members of Trump’s election people working for the election process for becoming president may have worked for the Russians. It only takes one person to be found working for Russia to qualify for treason. A legal argument might be made that anyone working to protecting a person conducting treasonous activities might also share the same legal arguments that they too are fellow travelers and should be prosecuted for treason.

The owner of Fox “News”, Rubert Murdoch, has been reported being in close contact with President Trump. If President Trump is found to be guilty of treason, Rubert Murdoch might also be in jeopardy for allegedly protecting the alleged treasonous activity. If Fox News employees are also found out knowingly helping alleged treason activities, they might be prosecuted.

The above situation, one can argue, is in a gray area of freedom of the press. Fox “News” has the duty to report the news. But, freedom of the press implies the ABSENCE of interference from an overreacting state. Already, Fox “News” has stepped past this threshold by supporting President Trump and violating balance. This overstep seems to be suspicious.