Siri what is Espionage? And why can’t the MSM get their act together, there’s more than 1 warrant
This is a placeholder article because I’m swamped at work and can’t do a deep dive, I’ll update this article after 8PM EST today -UPDATED at 8:13PM EST deeper dive into warrant & documents
No really it hit the docket shortly before 4PM EST, see SDFL-ECF
August 12, 2022 SDFL Order granting USA Motion to unseal
I’m not going to regurgitate yesterday’s article but I feel like I can’t be the only one who realizes there’s more than just one warrant, regarding Trump and Mar A Largo. In the MJ Case No: 9:22-mj-08332-BER the following MSM outlets have filed a motion to intervene/motion to unseal and yes a 3rd party also filed an expedition motion, that’s cute (but not really). After yesterday’s brief press conference, Attorney General Garland formally announced the Government had filed a motion to unseal the search warrant and exhibits. Again none of us will see the affidavit until such time the Court unseals it based on a motion by the Government and/or an indictment is handed down. For the record I’m not saying Trump will be or is already indicted. That kind of assertion would be pure unbridled speculation and I’m not in the habit of speculating absent a huge warning that I’m speculating.
I’d like to point out a few verifiable facts, because facts actually do matter. For Example the following news organizations filed these on August 11, 2022, with the majority filing after Attorney General Garland’s press conference:
Third Party MOTION / CBS Broadcasting Inc.'s Motion to Intervene for the Limited Purpose of Obtaining Access to Search Warrant Court Records, Adoption of Motion for Access and Memorandum of Law by CBS Broadcasting Inc. as to Sealed Search. See filing here
MOTION to Intervene, for Access to All Search Warrant Records, and in Support of the United States' Partial Motion to Unseal by NBCUniversal Media, LLC, Cable News Network, Inc., WP Company LLC as to Sealed Search Warrant. See filing here
MOTION Intervene by Palm Beach Post as to Sealed Search Warrant. See filing here
Third Party EXPEDITED MOTION Intervene and Unseal by Sealed Search Warrant, E.W. Scripps Company. See filing here
Third Party MOTION to Intervene / Miami Herald and Tampa Bay Times' Motion to Intervene for the Limited Purpose of Obtaining Access to Search Warrant Court Records, Adoption of Motion for Access and Memorandum of Law by Times Publishing Company, McClatchy Company LLC. See filing here
MOTION to Intervene for the Limited Purpose of Moving to Unseal Warrant Materials by Dow Jones & Company, Inc. See filing here
MOTION to Intervene, for Access to All Search Warrant Records, and in Support of the U.S. Partial Mot. to Unseal by The Associated Press as to Sealed Search Warrant… see Filing here
🌶Spicy Sidebar 🌶
I don’t feel that I have to keep explaining that Substack isn’t my job. Meaning I’m not compensated for my articles, spelling errors or snark. What I do have is a particular skill set, (that you also have): I can read English, irrespective that it’s my second language. Furthermore I can also read Court filings and I can see at least two other warrants. As I noted yesterday there is (currently) only ONE mainstream media outlet that identified the second warrant’s case number:
United States v. Sealed Search Warrant. Case No (9:22-mj-08338, on August 10, 2022 - A Letter (MOTION) to Unseal by Times Union. See ECF
What if I told you that it certainly seems more than possible the SDFL judge may have also approved:
United States v. Application and Order Pursuant to 18 U.S.C. 2703 (d) re: Telephone Records -MJ Case No: 9:22-mj-08334
The aforementioned MJ Case was signed on the same date and by the same Judge. Another tiny fact is sequentially speaking it’s one digit off from the main search warrant. But for the love of my dark soul, why can’t the MSM figure out that it’s not just one warrant, it appears it’s two and an additional order for Telephone records. If you’re wondering yes this is me slamming my head on the desk is pure frustration.
SpyDipshit007 & Briebart confirmed espionage…
And in a stunning and delicious twist of irony Breitbart -they confirmed that Trump is under investigation as in espionage. What that also tells me (or at least the time date stamp of a recent LexisNexis search) it Breitbart was given a copy of the warrant and exhibits before the Court officially granted the order to unseal. And there’s only one logical party that could have given them “the exclusive” and that’s Donald J Trump’s camp…
Secret shot of Briebart article
The unsealed search warrant -Espionage-
Okay I’m not going to torture you see Scribd Link -I don’t have the bandwidth to do a deep dive, because how dare my job get in the way of my extracurricular Substack activities.
All physical documents and records constituting evidence, contraband, fruits of crime, or other items illegally possessed in violation of 18 U.S.C. §§ 793, 2071 , or 1519, including the following:
Also pay close attention pages 5 et seq that’s the inventory list, it’s 3 pages and yes the red boxes are my redactions, out of an abundance of caution…but what I do find fascinating is the sheer number of boxes. And while you might disagree with me, regarding the handwritten note concerning Roger Stone’s clemency. For a fraction of a second my mind wondering into the “pocket pardon” land. Should you be inclined I wrote about “pocket pardons” concerning Trump’s most loyal surrogates like Roger Stone, read more here
On the last page of the inventory list, I’d like to point out the actual time of day. See the time stamp of 6:19PM on August 8, 2022? This actually confirms previous reporting that Agents spent over eight hours at Mar A Largo. While that’s not necessarily unexpected given the scope of the Mar A Largo property. But again I think it’s important that you know an actual Court filing confirms previous “anonymous sources”
What most won’t tell you is the likelihood that the general public will eventually see the Affidavit (establishing probable cause pursuant to the 4th Amendment protections afforded to all Americans) if that Affidavit is ever unsealed, I would expect large swaths to be heavily redacted. Moreover previous reporting that the Agents seized about a dozen boxes, well math isn’t my strong suit but once you read the complete inventory list, it’s actually over 30 boxes.
And point of clarification a few MSM outlets have incorrectly reported Trump had information for “prime minister of France” no it’s the president of France. Which is really a bad diplomatic issue for us and our Ally.
With respect to the classification of these documents, they run the full spectrum. Even I have held a public trust clearance (which is the lowest clearance) but when I received documents marked confidential, I was required to sign an additional NDA from [Redacted] Agency. That NDA precluded me from talking about the contents within the documents. My spouse holds a much higher clearance and the responsibility and trust worthiness of an individual that’s granted a Secret, or Top Secret clearance can not be emphasized enough. Literally every year public servants (including civilians and/or Government contractors) are Indicted and ultimately sentenced to substantial time in Federal Prison. The fact this inventory list has so many documents with varying classifications, it is jaw dropping.
Unquestionably Donald Trump had never respected the rules and laws. The reality is I don’t think he’s ever been held accountable for his deleterious and reckless actions. Hence the “Trump is now in uncharted accountability waters” actually rings true.
Now when you read CHAPTER 37—ESPIONAGE AND CENSORSHIP… is a pretty comprehensive statute see GPO -again I don’t have the prerequisite bandwidth to do a deep analysis that my readers expect from me. But I do think it’s important that you know exactly what the statute states and I would also recommend you read the FBI Counterintelligence page concerning espionage.
Hence why I specifically pointed out Jay Bratt signature on the Motion filed by the Government… because duh it was and is very important…
After COB (likely after 8PM EST) I will update this article but I wanted to make sure my readers had the warrant as expeditiously as humanly possible and that you didn’t have to pay for it… see Scribd
the update can be found below…full disclosure I’m not a subject matter expert regarding classified documents. In the update below, I’ll do my best to always provide you with a government link, and/or other reputable open source database. If I don’t know with a 100% certainly, I will disclose that. But what I won’t do is to pretend I’m a subject matter expert, because I’m not and I don’t take the trust my readers have in me for granted.
To be clear the Trump warrant leaked before the Court issued their order unsealing the redacted documents. This is important because the leaked warrant (assuming arguendo the leak came from Trump’s camp) did NOT redact to two FBI special agents. Again this Scribd link I uploaded after paying for the filing via PACER. It makes my stomach turn knowing that Breitbart & other MAGA-GOP “news” organization willingly put those FBI agents name out there in the public square and they are now facing death threats.
I’ve said it before and I’ll say it again:
Attacking the FBI or any Federal Law Enforcement Officer is unAmerican and unpatriotic. The MAGA-GOP recent conduct is reprehensible and repugnant in the starkest of terms. It’s just not okay. Oh and to the Twitter Blue QANON, you dolts attacking or questioning why Director Wray made a statement after Attorney General Garland’s press conference. You rancid dingleberries that’s because Dir Wray reports to the Attorney General. If you don’t know agency hierarchy then maybe you shouldn’t tweet. See FBI organizational page, found here. See the DOJ organizational chart, found here
Does Mar A Largo have a SCIF?
I did a bit more thinking and one potential argument that I’d expect Trump to make is “the TS and TS/SCI documents were in a SCIF —so there’s no there —there” —on its face that could ameliorate the reckless actions of Trump and his Mar A Largo Attorneys. But on November 5, 2019 The Palm Beach Post published this article —which confirmed that the Government had built a (possibly temporary) SCIF inside Mar A Largo. Which is now why I’m going to (once again) refer you to page 3 —which reads in part:
The locations to be searched include the "45 Office," all storage rooms, and all other rooms or areas within the premises used or available to be used by FPOTUS and his staff and in which boxes or documents could be stored, including all structures or buildings on the estate. It does not include areas currently (i.e., at the time of the search) being occupied, rented, or used by third parties (such as Mar-a-Largo Members) and not otherwise used or available to be used by FPOTUS and his staff, such as private guest suites.
In short Trump’s potential argument/excuse regarding the Mar A Largo SCIF hold zero credibility. Because Exhibit A is very particularized as to where Agents were authorized to search. Conversely it is possible the (temporary) SCIF was dismantled but again that’s speculation on my end. But as Exhibit A itemizes with decent specificity, even if the TS and TS/SCI (SAP) were “properly” stored in the SCIF then Trump might have a persuasive argument. But for fives days Trump and his mouthpiece Kash “Order of Ineptitude” Patel have changed their narrative. So again if there was a simple explanation that could logically explain why Trump had these documents at Mar A Largo then he wouldn’t necessarily lean in to the “intent” —because there’s a huge difference between “knowingly and willfully” in non-legalese, and according to the DOJ’s Criminal Resource manual, specifically Chapter 910, which reads in part:
the term "knowingly" requires only that the defendant acted with knowledge of the falsity.
The term "willfully" means no more than that the forbidden act was done deliberately and with knowledge, and does not require proof of evil intent.
Both factor into a target’s intent, as in criminal intent. Here we now know, that is factually speaking; one Grand Jury Subpoena was issued, specifically for those documents. That subpoena came after nearly 15+ months of the Government’s repeated attempts to clawback those documents. Trump and his attorneys falsely represented to the FBI that all documents had already been handed over to the Government (NARA) —we know unequivocally that was not true. And that’s why the step of obtaining a search and seizure warrant was necessary. Meaning Trump can’t “word salad” his way out of this. He can and will likely try but understand his attempts will be an abject failure, kind of like Trump’s golf swings.
What is Trump’s strategy aka excuse:
Also what is very telling (and thus far I haven’t found any MSM outlet explain it to the American people) —-Trump didn’t immediately file (an appeal) to have the warrant be reviewed by a District Court Judge. Hypothetically speaking if the District Court upholds the Magistrate Judge’s Order authorizing the search warrant, then Trump could file an appeal in the Circuit Court of Appeals. Trump’s litigation strategy has always been make it as painfully protracted as possible. Although it is still possibly and likely that Trump will enter the Judicial Arena to further delay the FBI’s ability to review the large tranche of documents he unlawfully took to Mar A Largo. After all Roy Cohn was Trump’s mentor.
Before we do a deep dive into the unsealed and redacted warrant I’d like to help you understand how classification of documents actually work:
Government classification of classified documents
Off the top, the classification of classified documents is largely dictated by the Agency. This also includes access and storage of said classified documents, the latter being relevant in the latest Trump-Scandal. Let me give you an analogy that I think will help you understand documents and classification. You have a Congressional Library card, that does not mean that you are automatically entitled to access the “protected” books. Instead you are required to prove you have the authorized prerequisite access to said protected book. If you don’t then you don’t get to read the book muchless removed that “protected book” from the Library of Congress.
Additionally earlier this summer a SDFL Grand Jury issued multiple subpoenas (video surveillance and documents) —my educated guess is the Federal Investigators wanted to see who accessed these areas, who was in/out of Mar A Largo. Because I think you should know this fact (which will likely come to fruition in the near future) it is very possible that other people may have accessed the areas where these documents were unlawfully stored. And it should surprise you that it’s is very likely that the documents will go to the FBI Laboratory —where evidence experts will likely try to find fingerprints on the documents to see who touched them. I could be wrong about that, but I don’t think I am. I suppose only time will tell who’s wrong and who’s right. Logically speaking it would make sense that the FBI Lab (which is one of the most preeminent amongst law enforcement both domestically and globally) would attempt to find finger prints on each and every Secret and Top Secret documents.
I’ve taken the step of sourcing multiple Federal Agencies guidelines, For Example, see below. I specifically sought out Agencies that are in the Nuclear area because again if the public reporting is correct -Trump is in it up to his eyeballs.
—remember if the public reporting is correct regarding Nuclear materials, yesterday a reader asked me a question and you can read my response here or see the screenshot below —because let’s not forget how Trump handled the Nuclear Football at Mar A Largo, circa 2017 —it sad that particular obscene event that locked in my opinion that Trump doesn’t respect our Rule of Law or the awesome solemnity that comes with being the President of the United States. For Trump it’s always about “branding, optics and bragging”
Look I’m not going to spend a lot of oxygen trying to explain how Trump/Patel’s argument “Trump declassified on Jan XX 2021” that is utter garbage. Because believe it or not just because Trump might have “orally” said I am authorizing XYZ document to be declassified, that does NOT mean those documents were declassified or retroactively declassified because Trump said so. Let me remind you about Trump’s tweet where he “hereby declassified” all documents related to the Mueller Report/Investigation. (See Volume II, found here and full report found here)
“I have fully authorized the total Declassification of any & all documents pertaining to the single greatest political CRIME in American History, the Russia Hoax. Likewise, the Hillary Clinton Email Scandal. No redactions”
The reason I’m reminding you about Trump’s October 2020 tweet-tantrums is this caused a Federal Judge to issue an Order commanding the DOJ to investigate if that was truly Trump’s intent, see Brad’s thread here —let me ask you a rhetorical question: were any of the classified materials contain herein the Mueller Report ever declassified? Of Course not. Therefore it’s logical to conclude that Trump/Patel’s messaging is utter swamp docket bullshit. For Example Kash Patel (and by proxy Trump) newest argument is to blame the GSA. Which again is utter nonsense, here’s why: 1) yes the GSA is the Agency that coordinated the move of items from the White House to Mar A Largo but the GSA is not responsible for classification and/or declassification of other Agency’s documents. And if anyone tells you that “oh it’s the GSA’s fault” please kindly send them this article or any of the aforesaid embedded links. Because that’s what facts demand.
I previously embedded the Marine Corp student/training manual B141176 and I would highly recommend you read it because the training material explains the various types of classifications.
Specifically on page 4 and I’m going to remind you that previously I explained what the SAP TS/SCI documents —again if it turns out that the FBI seized any SAP document, that’s straight up welcome to Indictment-land Mr Trump, we’ve been expecting your arrival. and possibly up to 20 years just on the obstruction of Justice
As far as the contents of the newly unsealed REDACTED warrant —the document speaks for itself and doesn’t need my snarky dissection. Largely because the seriousness of what Trump “might” have willfully taken down to Mar A Largo well it’s super serious and I say the following with zero respect intended:
Dear MAGA-GOP jump off the Trump-Titanic NOW…
Sidenote I was working on a totally unrelated search warrant but now I have to re-edit the 6K+ word article because it was written from the narrative that the Court wouldn’t unseal the redacted warrant until Monday. Yes I know I’m whining but I dislike having to redo any research and/or writing.
With respect to the espionage act, this requires for prosecutors to establish the following elements:
Information transmitted is classified government information or relates to national defense ; and
The accused acted with the intent or reason to believe the information will harm the United States or help a foreign nation (not necessarily an "enemy" of the United States); and
There was a willful communication, transfer, or receipt of the information; or
There was an overt act in furtherance of a conspiracy to commit espionage.
To be clear those who have criticized the DOJ and FBI regarding the Mar A Largo search warrant, you now look like complete dolts. The warrant actually proves that the FBI and more broadly the DOJ the facts elucidated (in the affidavit, of which the public can’t read) actually tell me that the search warrant was warranted (see what I did there) —here’s the bottom line if any other Government employee, took home classified documents, you better believe they would be sitting in jail. Since Trump is likely viewed as a SIM (I explained that a long time ago , you can read more about SIMs here) and lastly I would recommend that you reread this February 2022 article because the facts haven’t changed. I’d argue the facts detailed in Feb 2022 how now been solidly confirmed
Summary where’s a logical and coherent explanation:
In my line of work when there’s a simple and logical explanation then that typically is trusted as a baseline. The issue really is Trump has yet to provide a simple explanation. Because he can’t. I mean Trump can not explain why after numerous contacts with the NARA, DOJ, FBI and an actual Grand Jury Subpoena which sought to clawback ALL the missing documents identified by NARA and the FBI —he still didn’t produce the documents. Hence why the obstruction statute was also included in the warrant. And as simple as this might sound…
Trump believe everything the FBI seized was “his property” and that likely served as a (flawed) basis for Trump’s unlawful retention of those documents. Bottom line those are not his personal property. Those documents belong to the United States Government, Period. Full Stop
And lastly your daily (albeit) second dose of saltwater therapy —I’m taking the weekend off because I’m trying to squeeze out the last drops of summer before the kids return to School…and oddly I actually enjoy spending time with my children and husband (snort)
Thanks Filey. Things are heating up. 🔥 I have to say the MSM have really been pissing me off ever since the raid was announced. It’s just not Trump & Co that’s going to get someone killed (especially in law enforcement) it’s the media too (and I’m not just talking about Fox News). They should know better what to talk about publicly and what not to. Ugh. Have a great weekend. 💜
Thanks Filey. Things are heating up. 🔥 I have to say the MSM have really been pissing me off ever since the raid was announced. It’s just not Trump & Co that’s going to get someone killed (especially in law enforcement) it’s the media too (and I’m not just talking about Fox News). They should know better what to talk about publicly and what not to. Ugh. Have a great weekend. 💜
Love you, Filey!💖 Your timely & expert info is a continual amazement to me! Have lots of saltwater therapy this weekend!!