Espionage Act & Abuse of Power

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by Martin Armstrong, Armstrong Economics:

Many people have written in and asked how can Trump be charged under the Espionage Act. There is probably no other Act that has been so abused than this statute. It has been responsible for witch hunts and the deliberate execution of people the prosecutors knew were innocent. This Act has silenced people, been used to imprison people for speaking against the government in times of war, and even imprisoned Japanese for simply being Japanese under nothing more than an executive order Public Proclamation No. 4, 7 Fed.Reg. 2601. And on May 19, 1942, eleven days before the time a Japanese petitioner was charged with unlawfully remaining in the area, Civilian Restrictive Order No. 1, 8 Fed.Reg. 982, provided for the detention of those of Japanese ancestry in assembly or relocation centers. One of the top 5 worst decisions of the Supreme Court declaring Blacks were just property in Dred Scott v. Sandford 60 U.S. 393 (1856), but so was the imprisonment of Japanese Americans during World War II solely based on their race –  Korematsu v. United States, 323 U.S. 214 (1944)

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Justice Robert H. Jackson (1892–1954) dissented writing “Korematsu … has been convicted of an act not commonly thought a crime. It consists merely of being present in the state whereof he is a citizen, near the place where he was born, and where all his life he has lived.” Jackson argued that the nation’s wartime security concerns did not justify stripping Korematsu and the other internees of their constitutionally protected civil rights.

Nobody would listen to reason. Jackson declared that the exclusion order was “the legalization of racism” that violated the Equal Protection Clause of the Fourteenth Amendment. He compared the exclusion order to the “abhorrent and despicable treatment of minority groups by the dictatorial tyrannies which this nation is now pledged to destroy.”  He concluded that the exclusion order violated the Fourteenth Amendment by “fall[ing] into the ugly abyss of racism.”

Welcome to reality. Whenever the self-interest of those in power is in conflict with the rule of law, the rule of law is ALWAYS ignored. They are doing that with Trump right now and all the RINOs cheering and arresting Trump on his birthday show just how evil these people truly are. With every cheer the RINOs make, they prove Mark Twain was always right.

t has always been IMPOSSIBLE to hand ANY power to the government under the pretense that it is necessary for some good. Any regulation carries some penalty for noncompliance. Then this opens the door to abuse as we see with Trump. When Congress passes a law, prosecutors make a career out of twisting the words to fit whatever they can dream up. On top of that Congress always expands its power and never was there any “intent” behind the Espionage Act to be used in this manner against a former president. In its current incarnation, the section Trump is charged with reads:

18 USC #793(e)

(e) Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nationwillfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it; or

The abuse of this law is mindboggling and the real problem here is that prosecutors have discretion so they can openly deny Equal Protection of the Law for they decide if they want to prosecute Trump but not Biden or Pence or Hillary who did have classified documents on her server and did transmit them. I believe that Jack Smith as the prosecutor has violated not just Trump’s civil rights, but he has violated everyone’s civil rights for his selective prosecution with the intent of preventing Trump from running for president.

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