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kpete

(71,996 posts)
Tue Aug 9, 2022, 08:40 AM Aug 2022

The media is missing the really, really big reason why the raid today is a potential blockbuster

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

Notes
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(a)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.

(b)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.
(June 25, 1948, ch. 645, 62 Stat. 795; Pub. L. 101–510, div. A, title V, § 552(a), Nov. 5, 1990, 104 Stat. 1566; Pub. L. 103–322, title XXXIII, § 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)

https://www.law.cornell.edu/uscode/text/18/2071
https://www.justsecurity.org/73265/destroying-federal-documents-during-a-presidential-transition-is-a-federal-crime/

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The media is missing the really, really big reason why the raid today is a potential blockbuster (Original Post) kpete Aug 2022 OP
I don't understand why people keep saying this. They already pulled 15 boxes of material Scrivener7 Aug 2022 #1
Because simply taking classified documents isn't as serious as ... Novara Aug 2022 #5
I get that. This strengthens the ability to apply that statute. It shows that even after Scrivener7 Aug 2022 #7
I'm going by what the legal experts have been saying ... Novara Aug 2022 #9
I agree. And the idea of fresh evidence means someone new is talking, either to the DOJ or Scrivener7 Aug 2022 #10
Fresh evidence....possibly of him selling that classified material? PortTack Aug 2022 #11
"shall forfeit his office and be disqualified from holding any office" Hortensis Aug 2022 #2
i heard this point made several times yesterday...maybe the whole thing is to bust him on this one samnsara Aug 2022 #3
At this point, I would be happy if the only outcome was to bar tfg from ever holding office again. Arkansas Granny Aug 2022 #4
Yeah. Novara Aug 2022 #6
Same PortTack Aug 2022 #12
You cannot restrict the eligibility requirements for president by statute beyond tritsofme Aug 2022 #8
Seems to me (a) applies to people who shouldn't have the document muriel_volestrangler Aug 2022 #13
Then, eventually, it lands in the Supreme Court... librechik Aug 2022 #14
He would sue BannonsLiver Aug 2022 #15
this is the rationale that Fox, et al, are using RussBLib Aug 2022 #16
Unfortunately, the Constitution's description of the summer_in_TX Aug 2022 #17

Scrivener7

(50,955 posts)
1. I don't understand why people keep saying this. They already pulled 15 boxes of material
Tue Aug 9, 2022, 08:46 AM
Aug 2022

out of his house in February. A lot of it has been identified as classified. If they were going to apply this statute, they already had all the evidence they needed to do so since February.

What am I missing?

Novara

(5,843 posts)
5. Because simply taking classified documents isn't as serious as ...
Tue Aug 9, 2022, 09:15 AM
Aug 2022
... 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.


Concealing? Likely. Falsifies? Maybe. Destroys? Probable. Mutilates? I'll bet, yeah.

Scrivener7

(50,955 posts)
7. I get that. This strengthens the ability to apply that statute. It shows that even after
Tue Aug 9, 2022, 09:24 AM
Aug 2022

he broke that law and took documents, when a subpoena was served demanding that he return them he STILL held back classified documents.

But the crime was already proven the minute they found those documents to be classified. It really surprised me at the time that more people weren't talking about this statute then.

My expectation here is that, if they did not get destroyed during the lead time we are being told the FBI gave the SS, we are going to be truly horrified by what those held back documents show. I think they'll show truly traitorous activity, like selling secrets or blackmailing legislators (looking at you, Lindsay!) or selling out an important ally to Russia or Saudi Arabia for profit.

Novara

(5,843 posts)
9. I'm going by what the legal experts have been saying ...
Tue Aug 9, 2022, 09:45 AM
Aug 2022

... that there is FRESH evidence of an ONGOING CRIME.

So it may be much more than not returning some of the documents, much more than simply keeping some of them. When you think about it, if that is the case (pure speculation here), then why did this come to light now? Supposedly they've been going through the returned documents to catalogue what should be there. Okay, so if they found documents were missing, why issue a search warrant now?

I think the legal talking heads are right, that there is fresh evidence of an ongoing crime. Perhaps espionage. Selling of America's national security to the highest bidder. It isn't just the documents, it's what he's been doing with them. And that isn't simply hanging onto them. I'm thinking along the same lines you are - that he was going to - or already has been - selling them.

This would be truly traitorous.

Scrivener7

(50,955 posts)
10. I agree. And the idea of fresh evidence means someone new is talking, either to the DOJ or
Tue Aug 9, 2022, 09:51 AM
Aug 2022

the Committee, and they know stuff.

PortTack

(32,778 posts)
11. Fresh evidence....possibly of him selling that classified material?
Tue Aug 9, 2022, 10:30 AM
Aug 2022

Comey said when testifying in front of congress, about the Hillary email nonsense that they would not charge someone unless there was a 3rd party involved

Hortensis

(58,785 posts)
2. "shall forfeit his office and be disqualified from holding any office"
Tue Aug 9, 2022, 08:47 AM
Aug 2022

a very interesting piece of information even if this law turned out not to apply to presidents.

I'm wondering what is IN some of those documents and whether any could be tied to, or have ability to be used to abet, tRump's traitorous activities, including furthering a coup d'etat. Why those documents? Taking any of them is clearly a crime in itself, though.

samnsara

(17,622 posts)
3. i heard this point made several times yesterday...maybe the whole thing is to bust him on this one
Tue Aug 9, 2022, 08:48 AM
Aug 2022

.....charge.. one that carries the penalty of never again holding office. The biggest threat from trump is if he becomes prez again. Maybe the 'raid' was brought on suddenly by the photos of docs in the ol turlet?

Arkansas Granny

(31,518 posts)
4. At this point, I would be happy if the only outcome was to bar tfg from ever holding office again.
Tue Aug 9, 2022, 09:12 AM
Aug 2022

I'd love to see him suffer worse consequences, but I could live with that.

Novara

(5,843 posts)
6. Yeah.
Tue Aug 9, 2022, 09:18 AM
Aug 2022

I want to see him in prison or dead but I'd be reasonably happy if he were barred from any office forever. I'd love to see the GQP abandon him then. Imagine if he committed espionage on top of all his other crimes. I'm not so sure the GQP can defend THAT.

I'll bet McConnell is deep in discussions with others in the cabal, trying to decide just how far they're all willing to keep defending him.

tritsofme

(17,380 posts)
8. You cannot restrict the eligibility requirements for president by statute beyond
Tue Aug 9, 2022, 09:25 AM
Aug 2022

what is defined by the Constitution.

Elias, in the tweet you quote, concedes the legal argument here is very weak, but sees a big political upside in making Trump litigate it.

muriel_volestrangler

(101,322 posts)
13. Seems to me (a) applies to people who shouldn't have the document
Tue Aug 9, 2022, 11:35 AM
Aug 2022

and (b) applies to people "having the custody", ie it's their job to keep it safe. Both (a) and (b) have a fine and/or up to 3 years' imprisonment, but only (b) has the "disqualified from holding any office". But in this case, Trump had left office, so I'd think he comes under part (a).

RussBLib

(9,020 posts)
16. this is the rationale that Fox, et al, are using
Tue Aug 9, 2022, 12:26 PM
Aug 2022

that the Dems are so SCARED of T**** running again they are doing this search, as if the DoJ does the bidding of any one party. Despite the DoJ largely doing what T**** wanted, that is NOT the way it is supposed to work. I reckon since DoJ did T****'s bidding (sometimes), then Fox, et al, think they would do the Dems bidding. They don't seem to understand that the DoJ does not work for the president or any one party.

T**** turned everything to shit.

summer_in_TX

(2,739 posts)
17. Unfortunately, the Constitution's description of the
Tue Aug 9, 2022, 11:51 PM
Aug 2022

qualifications to be president supersede anything in that code.

That provision would apply to any elective office that does not have an enumeration of qualifications in the Constitution, as I understand it.

But there's a strong possibility, it seems to me, that there will be found to be grounds for charges of espionage in the particulars of the documents squirreled away by Trump.

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