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Mike Davis' Factual Legal Analyses


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Trump says any of these 5 things, the corrupt Biden-donor judge has threatened to jail him:

1. Key witness Michael Cohen, a disbarred attorney and convicted perjurer, is making money on TikTok trashing Trump.

2. Key witness Stormy Daniels, a pornstar who was ordered to pay Trump nearly $300,000 in a defamation case, wrote a 2018 letter denying any relationship--but is now trashing Trump while promoting her porn sites.

(They should be gagged, not the criminal defendant.)

3. Top prosecutor Matthew Colangelo, a former DNC paid political consultant, deployed from the #3 office in the Biden Justice Department to bring this bogus case against Trump--after the prior Manhattan DA, the Manhattan U.S. Attorney, the Federal Election Commission, and Soros-funded Manhattan DA Alvin Bragg all declined.

4. The judge’s daughter Loren Merchan, a top Democrat fundraiser for Joe Biden, Kamala Harris, Adam Schiff, and many others, has raised millions off this trial-- unquestionably requiring Judge Merchan's recusal under New York statute, per a retired Clinton federal judge in New York City. The judge illegally refused to recuse--and instead illegally retaliated against Trump with an expanded illegal gag order.

5. The Manhattan jury pool voted 87% for Biden--and the Democrat prosecutors and judge rigged the jury-selection process to weed out Trump's--but not Biden's--social-media followers.

If Trump--or even his campaign--states any of these facts, Democrat Manhattan Judge Juan Merchan—who donated to Biden—has threatened to jail Trump.

This is truly outrageous, un-American, and unacceptable.

This gag order is clearly illegal.

It is part of a federal criminal conspiracy against rights, under 18 U.S.C. § 241.

And the Trump 47 Justice Department must deliver severe legal, financial, and political consequences.

 

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This is the way.

 

Marxists your prescription is political persecution under the new rules that you have unleashed.

 

Tastes like rotting chicken flesh 

 

Enjoy!

 

 

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Fact check: True

 

For the last 3 1/2 years: Biden went to war against American energy.

 

He intentionally spiked American energy prices.

 

To force us to buy “green” (Chinese) energy.

 

And Biden destroyed America’s border.

 

He intentionally imported over 10,000,000 illegal immigrants, including unvetted and unvettable fighting-aged men.

 

Don’t let Biden fool you now during an election year, with temporary political gimmicks.

 

Like tapping our strategic oil reserve.

 

And issuing political immigration executive orders.

 

These are mere tactical retreats.

 

Biden’s strategy remains the same.

 

Illegal immigration and energy prices will get much worse, if Biden wins on November 5th.

 

This is all by (Marxist) design.

 

 

 

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On 3/24/2024 at 8:50 PM, BillsFanNC said:

 

Presidential Records Act v. Espionage Act:

 

The Presidential Records Act of 1978 (PRA), 44 U.S.C. §§ 2201 through 2209, generally controls the handling of the President's records.

Generally, records created or received by the President or this White House staff are presidential records.

 

This includes classified records sent to advise the President or his White House staff.

 

Before the Presidential Records Act, Presidents owned their presidential records.

 

Congress changed the law after Nixon won a legal fight on this issue.

After the Presidential Records Act, the U.S. government owns Presidents' presidential records.

 

Per the 2012 Obama judge ruling in the Clinton sock-drawer case, where President Clinton stuffed 8 years of highly classified audio recordings of his presidency in his sock drawer (see picture 1 below), the President solely decides what are:

 

- "personal" (belong to him)

v.

- "presidential records" (belong to government).

And if the President doesn't designate them as presidential records and then takes them when he leaves office, they are deemed personal records.

(Read news story and linked opinion here: justthenews.com/politics-polic…)

 

But even if people think this 2012 Obama judge ruling protecting Clinton is incorrect or Trump (somehow) shouldn't have the benefit of this ruling (because they hate and fear Trump):

 

"[T]he Presidential records of a former President shall be available to such former President or the former President's designated representative."

44 U.S.C. § 2205(3) (see picture 2 below).

 

Former Presidents do not have the right to have any classified record they want.

 

But they have the absolute statutory right to have (not own) their presidential records, classified or not.

 

There is no criminal component to the Presidential Records Act.

 

Disputes are settled with negotiations and civil lawsuits.

 

Not unprecedented and unlawful raid and indictments.

 

How can Trump violate the Espionage Act for retaining his presidential records he is allowed to have (not own) under the Presidential Records Act?

 

Garland must allege and prove more than mere retention, in order to charge a former president for espionage for having his presidential records he's allowed to have (not own) under the Presidential Records Act.

 

One way a court may attempt to harmonize the Presidential Records Act with the Espionage Act is requiring the government to allege and prove the former President intended to cause "injury to the United States or aid to a foreign nation result from the disclosures." United States v. Rosen, 520 F. Supp. 2d 786, 793 (E.D. Va. 2007).

There is zero evidence--not even an allegation--Trump intended to harm America by retaining his presidential records.

 

It is not a crime to be a jerk.

 

It is not "espionage" to fight with librarians and other bureaucrats.

 

We do not send former presidents, who happen to be your boss's chief political enemy, to die in prison over presidential-records disputes.

 

This is one key reason Garland's indictment of Trump is fatally flawed as a matter of law.

 

 

This analysis misses the part of the Presidential Records Act that makes the National Archives the legal custodian once an president leaves office.

 

Also, there is a delineation between official records, like those produced by a government agency, and personal records (notes, journals, diaries, personal recordings).  Personal records can be kept by the former president, hence the Clinton sock case doesn't apply to the mess Trump got himself into.

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Fact and legal check: True

 

There is overwhelming evidence of Hunter Biden’s guilt on the gun charges.

 

To the Delaware jury’s credit, it surprisingly put the facts and law above politics.

 

But there is also overwhelming evidence of Joe Biden’s foreign corruption, which greatly compromises our national security.

 

Delaware U.S. Attorney David Weiss, handpicked by both Democrat senators, only brought these gun charges after he got caught by an honest judge attempting to jam through a sweetheart deal, with a back-door pardon, to protect the Biden family.

 

If Hunter Biden were a black man, he’d be sent to prison.

 

Joe Biden claims he won’t pardon his son.

 

Don’t hold your breath.

 

He’ll do it the day after the election.

 

 

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