Monday, August 8, 2022


 Justice Arrives August 8, 2022:

18 U.S. Code § 1924 - Unauthorized removal and retention of classified documents or material

More Justice Coming Soon:

18 U.S. Code § 1505 - Obstruction of proceedings before departments, agencies, and committees

923. 18 U.S.C. § 371 - Conspiracy to Defraud the United States



18 U.S. Code § 1924 - Unauthorized removal and retention of classified documents or material

Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than five years, or both.


For purposes of this section, the provision of documents and materials to the Congress shall not constitute an offense under subsection (a).


In this section, the term “classified information of the United States” means information originated, owned, or possessed by the United States Government concerning the national defense or foreign relations of the United States that has been determined pursuant to law or Executive order to require protection against unauthorized disclosure in the interests of national security.


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


Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.


Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term “office” does not include the office held by any person as a retired officer of the Armed Forces of the United States.



18 U.S. Code § 1505 - Obstruction of proceedings before departments, agencies, and committees

Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; or attempts to do so or solicits another to do so; or

Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress—

Shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both.


923. 18 U.S.C. § 371 - Conspiracy to Defraud the United States

The general conspiracy statute, 18 U.S.C. § 371, creates an offense "[i]f two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose. (emphasis added). See Project, Tenth Annual Survey of White Collar Crime, 32 Am. Crim. L. Rev. 137, 379-406 (1995)(generally discussing § 371).

The operative language is the so-called "defraud clause," that prohibits conspiracies to defraud the United States. This clause creates a separate offense from the "offense clause" in Section 371. Both offenses require the traditional elements of Section 371 conspiracy, including an illegal agreement, criminal intent, and proof of an overt act.

Although this language is very broad, cases rely heavily on the definition of "defraud" provided by the Supreme Court in two early cases, Hass v. Henkel, 216 U.S. 462 (1910), and Hammerschmidt v. United States, 265 U.S. 182 (1924). In Hass the Court stated:

The statute is broad enough in its terms to include any conspiracy for the purpose of impairing, obstructing or defeating the lawful function of any department of government . . . (A)ny conspiracy which is calculated to obstruct or impair its efficiency and destroy the value of its operation and reports as fair, impartial and reasonably accurate, would be to defraud the United States by depriving it of its lawful right and duty of promulgating or diffusing the information so officially acquired in the way and at the time required by law or departmental regulation.

Hass, 216 U.S. at 479-480. In Hammerschmidt, Chief Justice Taft, defined "defraud" as follows:

To conspire to defraud the United States means primarily to cheat the Government out of property or money, but it also means to interfere with or obstruct one of its lawful governmental functions by deceit, craft or trickery, or at least by means that are dishonest. It is not necessary that the Government shall be subjected to property or pecuniary loss by the fraud, but only that its legitimate official action and purpose shall be defeated by misrepresentation, chicane or the overreaching of those charged with carrying out the governmental intention.

In summary, those activities which courts have held defraud the United States under 18 U.S.C. § 371 affect the government in at least one of three ways:

1.   They cheat the government out of money or property;

2.   They interfere or obstruct legitimate Government activity; or

3.   They make wrongful use of a governmental instrumentality.


Anonymous said...

Remember when Hillary Clinton deleted and scrubbed over 30,000 emails that were under subpoena? And how, even with such blatant obstruction, the FBI still found over 100 emails containing classified information? And then-FBI Director James Comey explained that “Although there is evidence of potential violations regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case”? And he said that whether to bring charges is usually decided based on “how similar situations have been handled in the past”? LOL, good times.

Hurry up November.

Shaw Kenawe said...

The deplorables are on a rampage, calling the DoJ and Biden the Gestapo (Gazpacho?) because they were following the law.

Trump is an egregious lawbreaker and yet his cultists continue to worship him and make excuses for the criminal that he is.

There is no way on Earth that the DoJ would have sent the FBI to gather evidence being kept at Mar-a-Lardo without probable cause, and no way that a federal judge would authorize a warrant for what happened yesterday unless there was compelling evidence of criminality by Trump.

Trump's cultists are pooping bricks because they do no respect the law, they worship a corrupt charlatan, and to them he's a Christ-like figure who does no wrong. That's how we know they're cultists.

They're all whining about the fact that this never happened to any other POTUS. What they deliberately ignore is that we've never had a POTUS as corrupt and dishonorable as Trump.

Personally, I don't care what they think.

Dave Dubya said...

Still upset over Hillary's deleted emails?

Maybe you can't understand the difference between scrubbed or deleted emails and boxes of classified documents on paper.

Which is more likely to be sold to foreign powers?

And maybe you can't understand Trump was told to return those documents. ALL of them.

Obviously he didn't comply.

Still can't see the difference?

I understand your difficulty, especially when you STILL can't say Trump lost a fair election to Biden.

You might just be in for more surprises in November. Not that you'd accept the results like patriotic Americans do.

Maybe you should see what the voters in Kansas did to stop the radical Right theocratic fringe from treating women as second class citizens, enslaved to an embryo and the authoritarian will of conservative white men.

Dave Dubya said...

Trump has trained his minions well in the art of being whiny crybabies, pretending to be the victims instead of the perpetrators.

As demonstrated by the Trump Cult, we can clearly see they don't even WANT to think. All that is required of them is to trust, believe and serve their Dear Leader.

They're quite happy to let Trump do their thinking for them. Very gullible and unwise of them.

Some learned the hard way, and are sitting behind bars thinking they were duped.

Trump and his mob of insiders are getting the message that they are not above the law.

So much for "Back the blue". Their true colors have been flown, and they look just like a Confederate flag. They will commit any crime they think they can get away with and have no mercy on any cop that gets in their way.

They are gangsters.

Dave Dubya said...

Anonymous wants us to believe Trump’s version of the investigation of his stolen documents.

According to the National Archives, there is no evidence that Trump declassified any of them. The CIA and FBI would also have been informed of any de-classification. (Classified or not, they were NOT HIS PERSONAL PROPERTY. It was crime. Period.) Furthermore Trump defied orders to return ALL the stolen documents. He didn’t comply.

If Anonymous wants to defend Trump, he’s welcome to show us evidence to support his statements.

We learned the basics back in February 18, 2022. The more recent revelation is he not only tore up official documents, he flushed them down the toilet.

WASHINGTON (AP) — Classified information was found in the 15 boxes of White House records that were stored at former President Donald Trump’s Mar-a-Lago residence, the National Archives and Records Administration said Friday in a letter that confirmed the matter has been sent to the Justice Department.

The letter from the archivists in response to the House Committee on Oversight and Reform, which is investigating, also details how certain social media records were not captured and preserved by the Trump administration. And it also says that the agency learned that White House staff frequently conducted official business using unofficial messaging accounts and personal phones. (But her EMAILS!)

Those staff did not copy or forward their official messaging counts, as required by the Presidential Records Act. The letter also goes on to reveal that after Trump left the White House, the National Archives learned that additional paper records that had been torn up by the former president had been transferred to the agency.

The Washington Post first reported that the archivist asked the Justice Department to investigate the discovery of 15 boxes of White House records recovered from Trump at his Mar-a-Lago resort in Palm Beach, Florida, and that the former president had a habit in office of tearing up records both “sensitive and mundane.”

House investigators will be looking to see if Trump's actions, both during his presidency and after, violated the Presidential Records Act, which was enacted in 1978 after former President Richard Nixon wanted to destroy documents related to the Watergate scandal.
The law mandates that presidential records are the property of the U.S. government, rather than belonging to the president himself. A statute, punishable by up to three years in prison, makes it a crime to conceal or intentionally destroy government records.

Dave Dubya said...

Anonymous needs to know:

The judge who signed the search warrant was appointed by Trump.

The National Archives confirmed that it arranged for the transport of 15 boxes of presidential records out of Trump’s Palm Beach, Florida, residence in mid-January “following discussions with President Trump’s representatives in 2021.”

Trump failed to comply. He illegally took documents that should have gone to the National Archives. Then he refused to return classified documents.

He is a criminal. A serial criminal. More charges are coming.

Dave Dubya said...


Timeline: The Justice Department criminal inquiry into Trump taking classified documents to Mar-a-Lago

February 9, 2022
News outlets, including CNN, report that NARA (The U.S. National Archives and Records Administration) asked the Justice Department to investigate Trump's handling of White House records and whether he violated the Presidential Records Act and other laws related to classified information. The Presidential Records Act requires all records created by a sitting president to be turned over to the National Archives at the end of their administration.

February 18, 2022
NARA informs the Justice Department that some of the documents retrieved from Mar-a-Lago included classified material. NARA also tells the department that, despite being warned it was illegal, Trump tore up documents while he was president, and that senior officials in the Trump administration did not properly preserve their social media messages, draft tweets and deleted tweets.

April and May 2022
On April 7, NARA publicly acknowledges for the first time that the Justice Department is involved, and news outlets report that prosecutors have launched a criminal probe into Trump's mishandling of classified documents. Around this time, FBI agents quietly interview Trump aides at Mar-a-Lago about the handling of presidential records as part of their widening investigation.

May 12, 2022
News outlets report that investigators subpoenaed NARA for access to the classified documents retrieved from Mar-a-Lago. The subpoena, which is part of the process to allow investigators to take possession of the documents from the NARA, is the first public indication of the Justice Department using a grand jury in its investigation.

June 3, 2022
Four investigators, including a top Justice Department counterintelligence official, visit Mar-a-Lago seeking more information about classified material that had been taken to Florida. The four investigators meet with two of Trump's attorneys, Christina Bobb and Evan Corcoran, and look around the basement room where the documents are being stored. Trump briefly stops by the meeting to say hello to the officials, but he does not answer any questions.

June 8, 2022
Trump's attorneys receive a letter from federal investigators, asking them to further secure the room where documents are being stored. In response, Trump aides add a padlock to the room in the basement of Mar-a-Lago.

August 8, 2022
The FBI executes a search warrant at Mar-a-Lago -- a major escalation of the classified documents investigation. The search focused on the area of the club where Trump's offices and personal quarters are located. Federal agents remove boxes of material from the property. The search was the first time in American history that a former president's home was searched as part of a criminal investigation.

Dave Dubya said...

A flurry of 6 deflections from Anonymous won't be posted.

Anonymous disagrees with CNN but can't show any more accurate information.

No surprise.

He demands I “prove” Trump stole documents. Not my job, but the FBI has the proof and “probable cause” to search;

No wonder he obsesses with the usual deflections to Hillary and Hunter Biden.

Those two were never involved in a violent Putsch like his beloved leader and mob of racist thugs.

And he's horrified that insurrectionist Rep. Scott "Pardon Me, Please" Perry had his phone seized along with other traitors and fellow fascist Putsch conspirators like the vile Alex Jones, and sleazeballs Eastman and Giuliani.

He’s very upset about “Fascist Dave, he's all in for the Gestapo tactics” and “Pure Fascism by the party in power”.

Funny to hear this from the “Lock her up” gang of fascists. Of course he has no sense of reality. He can't even say who won the 2020 election.

Let’s remind him of when Comey helped Trump win in 2016 and the enthusiasm shown by his heroes:

On 10-28-16 Mike Pence sanctimoniously tweeted:
“Donald Trump and I commend the FBI for reopening an investigation into Clinton’s personal email server because no one is above the law.”

The whiny hypocritical asshole tweeted this today:

"I share the deep concern of millions of Americans over the unprecedented search of the personal residence of President Trump. No former President of the United States has ever been subject to a raid of their personal residence in American history...After years where FBI agents were found to be acting on political motivation during our administration, the appearance of continued partisanship by the Justice Department must be addressed...Yesterday's action undermines public confidence in our system of justice and Attorney General Garland must give a full accounting to the American people as to why this action was taken and he must do so immediately."

They are ALL deplorable fascist assholes and hypocrites. The have no conscience or interest in the truth. Anything to stir hate and more radical Right political violence.

And there WILL be more violence from the Trump Mob. Count on it.