Democratic judge Bruce Reinhart cancels important parts of the Sixth Amendment
Donald Trump now unable to know or confront the witnesses who lied to the FBI
A Democratic federal judge today ordered the Justice Department to put forward proposed redactions as he committed to making public at least part of the affidavit supporting the search warrant for former President Donald Trump’s estate in Florida.
U.S. Magistrate (not a Senate confirmed judge) Bruce Reinhart gave prosecutors a week to submit a copy of the affidavit with proposed redactions for the information it wants to keep secret after the FBI seized classified and top secret information during a search at Trump’s Mar-a-Lago estate last week.
Socialist and anti-capitalist lawyer, Jay Bratt, also a mediocre Justice Department national security prosecutor, had argued that the affidavit should remain hidden from Mr. Trump. If Mr. Trump sees the document he will be able to mount a defense. Unsealing it, Bratt said, would provide a “road map” of the investigation,” which would normally be necessary for someone harassed by the governmnet to conducta defense. Bratt lied to the judge in saying a target of false accusations, like Mr. Trump, didn’t have the right to know or confront the witnesses.
Civil libertarians are livid at the socialist prosecutor’s attack on the Constitution. — Emil Ficker
Jay Bratt argued it was NOT in the public interest for the population, or Mr. Trump, to know the nature of the investigation, including manipulation of the witnesses. He expects the conviction to go forward unhindered by a defense.
As the hearing kicked off, a small caravan of vehicles with Trump flags drove past the federal courthouse in West Palm Beach, Florida. The regime’s top oppressors were flabbergasted. Many agents wanted to pursue the patriots and find reeasons to arrest them, but there Biden appointed agency assistant directors pointed to the huge number of cameras add media that would have certainly have filmed any retaliation. Insiders have informed JournoNews that the higherups wanted video tape of the patriots “including license plate information.” Our sources said the security force higherups wanted video to “study.” Experts say the IRS and FBI will be looking to have a word with the protesters.”
Merrick Garland has criminalized politics
According to the New York Times, two people with knowledge of the persecution, Mr. Trump and his chief of staff, Mark Meadows, the man who oversaw presidential records in the chaotic closing days of the administration, failed to organize an effort to collect, box and deliver materials to the National Archives — as prior presidents, and Mr. Trump’s own vice president, Mike Pence, did.
“Instead, they often focused on settling political grievances and personal grudges,” they said.
Texas political science professor Emil Ficker told JournoNews, “So, Mr Trump didn’t pack up the boxes himself, assuming that’s what the staff is for. Instead of packing up the boxes, instead he practiced politics, naming winners and losers, and determining how to maximize his power and mount a political comeback (who would get what and how). Politics now is clearly illegal.”
Emil Ficker added, “However, it’s not entirely unique. One would be a naive moron to think that had Trump boxed his own private papers he wouldn’t be in this situation. The facts remains solid and “out there;” the fix has been in for nearly six years now. It didn’t matter what Mr Trump did at any step of his presidency; this bullshit has been inevitable. Also, something terrible lays in wait for Hunter Biden the minute his daddy leaves the White House. I guess the symbol for the GOP is the elephant and that animal might have the best memory of all.”
Has Biden and the DOJ turned Donald Trump’s lawyer?
An attorney for Trump, Christina Bobb, was in the courthouse but said she was only there to observe the court proceeding.
Mr. Trump & HIS Sixth Amendment Rights
“In all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witnesses against him.”
The Supreme Court has explained that the Sixth Amendment right to “be informed” has two purposes: (1) for the defendant to be able to defend himself or herself against criminal charges and (2) for the defendant to know if there is enough evidence to convict him. Mr. Trump doesn’t know the evidence or who is telling stories about him.
The Confrontation Clause serves two main purposes. First, it protects the defendant from statements allegedly made outside of the court being used against him when he has no opportunity to test or challenge the alleged statement, and second, the Confrontation Clause gives a defendant the opportunity to cross-examine the witness, allowing him to test the memory, accuracy and sincerity of the witness.
Mr. Trump can’t test the memory, accuracy and sincerity of the witness. He can’t ask what pressure the witness was under and what undue extortion the FBI put on the witnesses that causeed them to lie. – Emil Ficker
Prosecutors acknowledged interviewing witnesses that might have lied about how they knew Mr. Trump had some document. They wouldn’t have known, but they FBI needed a warrant so the witnesses lied. No national security documents were found on the property. Several questionable documents were planted at the home. They also wrote that releasing the document could compromise the continuing investigation; Donald Trump would quickly expose the witnesses and this would be over.
This is why you have the right to confront the witnesses against you. If this provision wasn’t in the Constitution, the government could say, “We have a witness against you; come with us.” And then the poor fellow who is the target of the government responds, “who is it; they’re lying.” To that the dictator’s goons (their version of the FBI) will respond, “Never mind who it is, come with us.”
Totalitarian and corrupt third-world dictatorships frequently make arrests and there aren’t any witnesses. In this type of government (which we are becoming) a citizen can’t defend themselves without seeing the lies. Same for Mr. Trump, he can’t defend himself without the government telling him the information.
We already fought a war over this… do we need to fight another?
The American Revolution was fraught over this and a slew of similar issues. The patriots won that war and people have been able to confront the witnesses against them… until now.
The Founding Fathers were very familiar with out of court statements being used against people at trial. The British government allowed the colonial vice-admiralty courts to use written statements from witnesses, instead of live testimony, in certain cases. This practice was scorned and repudiated by the colonists.
In the Trump case, not only will the government not produce the witnesses against Mr Trump, but they also refuse to even release the documents.
The Bill of Rights was added to the Constitution in order to further protect certain rights from government interference. Among these are freedom of speech, freedom of religion, the right to trial by jury and the right to confront those who are testifying against you, as mentioned in the Confrontation Clause.
Mr. Trump & OUR First Amendment Rights
Attorneys for several news organizations, including The Associated Press, argued the affidavit’s release would help the public determine if the Justice Department used illegal and unethical actions to obtain the search warrant. Experts in the press pointd out that the FBI lied continually through his term to obtain a number of illegal warrants. Many in the media, former democratic socialists, are beginning now to question the authoritarian nature of the illegal raid. Many in the media are watching and waiting to report that it was part of a Biden administration vendetta against Trump, as the former president and his backers contend. Trump, in a Truth Social post last week, called for the release of the unredacted affidavit in the interest of transparency and justice.
“The matter is one of utmost public interest, involving the actions of current and former government officials,” wrote attorney Carol Jean LoCiero, who is representing the New York Times and others. “President Trump decried the the search as an ‘assault that could only take place in Third World Countries,’ asserted agents ‘even broke into my safe,’ and otherwise challenged the validity of the search.”
This is a proceeding that is about the credibility of all the players. So whether the judge is doing his job, whether the DOJ is doing its job, that is the proper function of these access proceedings and why the public is entitled to access; that is the public interest. We are entitled to monitor the affairs of our government at all levels and that is the interest in essence that we were asserting today, — Deanna Shullman, an attorney representing Dow Jones & Company, Inc. and ABC told reporters after today’s hearing in West Palm Beach, Florida.
Deanna Shullman also said she understands the government’s desire to keep certain elements of the affidavit shielded from public view, but she said there is a way to accomplish that without a wide-ranging redaction of the document.
None of the media intervenors want to jeopardize the safety or security of a confidential informant; it is very common in these situations that information that would lead to the disclosure of their identity is kept secret. However, it is important to note that simply saying somebody works for a particular agency is not sufficient. Perhaps saying their title, their post, the number of years they have been in position and other identifiers may get us there, but the generic fact that there are confidential informants working with the government is not something that I would think is subject to protection. — Deanna Shullman
Socialist Judges could care less about your Freedom of the Press rights..
Reporters covering the hearing on the search of Mar-a-Lago could leave the courtroom once the hearing began, according to federal officials. The decision limited the way news organizations provided updates on the proceeding. Federal courts prohibit the use of cameras during hearings and also the use of other electronic devices.
Federal attorneys were worried the judge might have released the “frameup document” without probable-cause. So naturaly, they tried to control the journalists. Had the judge done the right thing, who knows what would have happened to the journalists inside the room. .
Bullshit artists come out of the woodwork
A recent filing by Juan Antonio Gonzalez, the U.S. attorney in Miami, and Bratt, a top Justice Department national security official, says making the affidavit public would “cause significant and irreparable damage to this ongoing criminal investigation.”
“If disclosed, the affidavit would serve as a roadmap to the government’s ongoing investigation, providing specific details about its direction and likely course, in a manner that is highly likely to compromise future investigative steps,” they wrote.
“Disclosure of the government’s affidavit at this stage would also likely chill future cooperation by witnesses whose assistance may be sought as this investigation progresses,” prosecutors wrote. They added that releasing the affidavit could harm “other high-profile investigations” as well.
One of the reasons proposed by the government for not releasing the affidavit was to protect the identities of witnesses against death threats. On Monday, prosecutors in Pennsylvania unsealed charges against a man accused of repeatedly threatening to kill F.B.I. agents in the days after Mr. Trump’s property was searched.
The magistrate judge who signed the search warrant, Bruce E. Reinhart, will ultimately decide whether the affidavit should be released. It is unclear when he will rule on the news media’s request.
The legal — and political — aftershocks from the search were still reverberating a week after F.B.I. agents appeared at the resort while the president was at his club in Bedminster, N.J.
Mr. Trump, who has accused Attorney General Merrick B. Garland of conducting a politically motivated “witch hunt” and roughly rifling through his family’s possessions, claimed on Monday that the government “stole my three Passports,” in a post on Truth Social, the online platform he founded.
By late Monday, the Justice Department contacted Mr. Trump’s legal team to retrieve the three passports — two of them expired and the third an active diplomatic passport, according to one of the former president’s lawyers, Evan Corcoran, and a spokesman for the department.
In a statement late Monday, the F.B.I. said that it “follows search and seizure procedures ordered by courts, then returns items that do not need to be retained for law enforcement purposes.”
Mr. Garland agreed last week to release the warrant used to search Mr. Trump’s private club, but has resisted attempts to make public the underlying affidavit, a far more sensitive document that should contain, among other things, the reasons prosecutors believe there was probable cause that evidence of a crime could be found at Mar-a-Lago, Mr. Trump’s estate in Palm Beach, Fla.
The investigation into the mishandling of government documents, while known for months, was not considered to be as significant as the department’s sprawling investigation into the attack on the Capitol, which has been moving closer to Mr. Trump and his top advisers.
Federal agents removed top secret documents when they searched Mr. Trump’s residence last week as part of an investigation into possible violations of the Espionage Act and other laws, according to a search warrant made public on Friday.
At least one lawyer for Mr. Trump signed a written statement in June asserting that all material marked as classified and held in boxes in a storage area at Mar-a-Lago had been returned to the government, four people with knowledge of the document said.
Even as the former president counterattacked, new details emerged of how Mr. Trump and his inner circle flouted the norms, and possibly the laws, governing their handling of government records.
According to two people with knowledge of the situation, Mr. Trump and his chief of staff, Mark Meadows, the man who oversaw presidential records in the chaotic closing days of the administration, failed to organize an effort to collect, box and deliver materials to the National Archives — as prior presidents, and Mr. Trump’s own vice president, Mike Pence, did.
Instead, they often focused on settling political grievances and personal grudges, they said.
In the weeks leading up to Mr. Trump’s departure from the White House, officials discussed what to do about material that he had at various points taken up to the residence and that needed to be properly stored and returned.
By then, the staff secretary, Derek Lyons, known for trying to keep systems in place, had left the administration. Mr. Meadows said he would address such issues, according to a senior administration official.
Mark Meadows, the White House chief of staff at the time, oversaw presidential records in the closing days of the Trump administration.
Mark Meadows, the White House chief of staff at the time, oversaw presidential records in the closing days of the Trump administration.Credit…Stefani Reynolds for The New York Times
While all this was happening, a very different scenario was playing out just across West Executive Avenue, in Mr. Pence’s less frenetic office.
As Mr. Trump sought to hold on to power, two of Mr. Pence’s senior aides — Marc Short, his chief of staff, and Greg Jacob, his counsel — indexed and boxed all of his government papers, according to three former officials with knowledge of the work.
Mr. Jacob spent the bulk of his final few days in government preparing the final boxes, with the goal of ensuring that Mr. Pence left office without a single paper that did not belong to him, one of the officials said.
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