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Old 09-12-2022, 11:52 AM
 
5,315 posts, read 2,113,854 times
Reputation: 2572

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Quote:
Originally Posted by GreenBouy View Post
That’s where I’m at with it, that’s the reason the DOJ isn’t investigating a 1924 violation. They know it’s a losing cause. It was also pretty telling that in the PC affidavit their sole link to the info being NDI, was a declaration by the FBI agent that in his experience documents with classification markings are typically NDI, how weak can you get, I hope there’s more in the retracted portion to prove probable cause. In my 27 years in the military I saw plenty of documents that were classified but were not NDI.

I personally see this going the way the other investigations do, once they get their run out of it for the midterms, it goes away.
No, the affiant didn't say something as basic as "documents with classification markings are typically NDI". The statement was more detailed:

Quote:
Further, the FBI agents
observed markings reflecting the following compartments/dissemination controls: HCS, FISA,
ORCON, NOFORN, and SI. Based on my training and experience, I know that documents
classified at these levels typically contain NDI

HCS = HUMINT Control System (human sourced intelligence)
FISA= Related to Foreign Intelligence Surveillance Act
ORCON = Requires permission from the originating agency to share
NOFORN = not to be shared with foreign nationals
SI = Special Intelligence

So documents with these specific markings tend to be NDI according to the affiant.

 
Old 09-12-2022, 11:53 AM
 
Location: East Lansing, MI
28,353 posts, read 16,381,866 times
Reputation: 10467
Quote:
Originally Posted by GreenBouy View Post
So your only basis for probable cause for an espionage investigation is they MIGHT contain NDI.

I can give many examples of TS/SCI that’s unrelated to NDI. And it will be a stretch to make a blanket claim HUMINT is all NDI.

But, good luck.

No one said all HUMINT is NDI, and no one said all TS/SCI is NDI.

Don't wear yourself out on those straw men. Come back when you want to talk about what was actually said.

Team Trump is welcome to challenge the notion of probable cause, if they like, I reckon. Are they doing that?
 
Old 09-12-2022, 11:54 AM
 
Location: Columbia, SC
37,191 posts, read 19,200,869 times
Reputation: 14904
Quote:
Originally Posted by leastprime View Post
JMO.
Not looking good. Probably too late for our National Defense and National Security.
Putin took what he thought was good first strike move against a sovereign nation, and is now losing badly. His recourse is not looking good for anyone.

DOJ, only needs 1 document to prosecute with surety. Special Master Screener, can declare just 1 document to be a National Secret. And each document can be tried separately.
Heads are/have rolling in the various agencies/functionaries in the WH, who provided the documents or where asked to retrieve the documents but didn't.
Heads are going to roll in the previous administration, who saw the documents in Mar-a-Lago
The H-2B people are going to be tracked down and questioned. Just 1, will be enough.
What's making DJT look bad is that he had the documents; there may be more documents;
Bedminster, Trump Towers, are going to be rolled, as crime scene.
YDMV
Ask Reality Winner for details. 63 months for a single document.

Unfortunately, that is not the job of a Special Master.
 
Old 09-12-2022, 11:56 AM
 
Location: Texas
2,004 posts, read 761,611 times
Reputation: 2552
Quote:
Originally Posted by hooligan View Post
No one said all HUMINT is NDI, and no one said all TS/SCI is NDI.

Don't wear yourself out on those straw men. Come back when you want to talk about what was actually said.

Team Trump is welcome to challenge the notion of probable cause, if they like, I reckon. Are they doing that?
Haha, strawman. My only point, if your going to investigate and conduct a search warrant on a former potus, I would expect stronger PC than in my training and experience.

Because for every document that is NDI with those markings, I can give you examples where they are not.
 
Old 09-12-2022, 11:57 AM
 
Location: East Lansing, MI
28,353 posts, read 16,381,866 times
Reputation: 10467
Quote:
Originally Posted by latimeria View Post
No, the affront didn't say something as basic as "documents with classification markings are typically NDI". The statement was more detailed:




HCS = HUMINT Control System (human sourced intelligence)
FISA= Related to Foreign Intelligence Surveillance Act
ORCON = Requires permission from the originating agency to share
NOFORN = not to be shared with foreign nationals
SI = Special Intelligence

So documents with these specific markings tend to be NDI according to the affiant.


Couldn't rep you again, yet!
 
Old 09-12-2022, 11:59 AM
 
Location: Columbia, SC
37,191 posts, read 19,200,869 times
Reputation: 14904
Quote:
Originally Posted by hooligan View Post
But what if Trump magically declassified them with a thought? Then NARA would have no idea, and Trump can totally do that - it's 100% legit. I read it here.
I have it on good authority from anonymous sources close to the situation without authority to speak openly that Joe Biden reclassified everything on January 21 last year.

Prove me wrong.
 
Old 09-12-2022, 12:00 PM
 
Location: East Lansing, MI
28,353 posts, read 16,381,866 times
Reputation: 10467
Quote:
Originally Posted by GreenBouy View Post
Haha, strawman. My only point, if your going to investigate and conduct a search warrant on a former potus, I would expect stronger PC than in my training and experience.

Because for every document that is NDI with those markings, I can give you examples where they are not.
Yes, straw men.

I've worked in multiple SCIFs in multiple different states, across more than one branch of the military.

I don't doubt the assertion of the FBI that documents with those specific classifications typically or often contain NDI information.

Not that the NDI statute is the only one listed, so it's a bit of a moot point, regardless.
 
Old 09-12-2022, 12:01 PM
 
5,315 posts, read 2,113,854 times
Reputation: 2572
Quote:
Originally Posted by berdee View Post
Yep. Them not going after the 1924 violation is another tell, a glaring one at that, that the documents had probably been declassified. IF they had even one document that was still classified then they certainly would not ignore that statute, they'd throw that in too.

It does seem that this is all political because of the midterms.
Not necessarily at all, another wrinkle with that statute is :

Quote:
One potential stumbling block is that the statutory provision limits its scope to an “officer, employee, contractor, or consultant of the United States.” There is scant case law addressing if the president of the United States would qualify as an “officer” in this particular statutory context, and the statute itself provides no clarity. A recent ruling in one of the January 6th civil lawsuits against Trump brought by, among others, two Members of Congress, concluded the statutory term “officer” could encompass holders of political office, such as a Member of Congress. While informative, how that analysis would be applied in a criminal context with respect to the then-president remains unclear.
https://www.justsecurity.org/82619/e...ent-documents/
 
Old 09-12-2022, 12:41 PM
 
Location: 23.7 million to 162 million miles North of Venus
23,577 posts, read 12,535,636 times
Reputation: 10476
Quote:
Originally Posted by latimeria View Post
Not necessarily at all, another wrinkle with that statute is :



https://www.justsecurity.org/82619/e...ent-documents/
So you think that they didn't go after him with 1924 because of the wrinkle of little case law, even though there is one that does place presidents in the "officer" category? If they knew the documents were not declassified, then I seriously doubt that "wrinkle" would have stopped them from including that statute. Overcharging Trump and hoping something, anything, sticks seem to be the way of the D's.
 
Old 09-12-2022, 12:45 PM
 
494 posts, read 180,047 times
Reputation: 537
Quote:
Originally Posted by berdee View Post
So you think that they didn't go after him with 1924 because of the wrinkle of little case law, even though there is one that does place presidents in the "officer" category? If they knew the documents were not declassified, then I seriously doubt that "wrinkle" would have stopped them from including that statute. Overcharging Trump and hoping something, anything, sticks seem to be the way of the D's.
For the 1 millionth time, the D's did not do this to Trump. Trump did this to Trump.
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