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Not only is it easier to prove than Espionage, Section 1519 of Obstruction carries TWICE the penalty. It was cited in the Trump-warrant Affidavit for a reason. It was left unredacted for a reason too. If Trump wasn’t worried before, well he should be now.
Donald’s cold sweats nightly are just a happy by-product of this disclosure, assuming he had any sense. Which is not likely, since in his continuing delusions he is still commanding his lawyers “to get his Documents back.”
The guy still hasn’t got a clue — about the world of hurt heading his way.
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AFFIDAVIT IN SUPPORT OF AN
APPLICATION UNDER RULE 41 FOR A
WARRANT TO SEARCH AND SEIZE
[pg 6 of 38]
18. Pursuant to Executive Order 13526, classified information contained on automated information systems, including networks and telecommunications systems, that collect, create, communicate, compute, disseminate, process, or store classified information must be maintained in a manner that: (1) prevents access by unauthorized persons; and (2) ensures the integrity of the information.
19. 32 C.F .R. Parts 2001 and 2003 regulate the handling of classified information. Specifically, 32 C.F.R. § 2001.43, titled "Storage," regulates the physical protection of classified information. This section prescribes that Secret and Top Secret information "shall be stored in a [General Services Administration]-approved security container, a vault built to Federal Standard (FHD STD) 832, or an open storage area constructed in accordance with § 2001.53." It also requires periodic inspection of the container and the use of an Intrusion Detection System, among other things.
20. Under 18 U.S.C. § 1519:
Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.
[emphasis added]
Those are the citations on page six. Here is some of what it means:
Possibility of Obstruction Looms Over Trump After Thwarted Efforts to Recover Documents
by Charlie Savage, NYTimes — Aug 27, 2022; via Yahoo.news
[...]
But by some measures, the crime of obstruction is as, or even more, serious a threat to Trump or his close associates [than Espionage]. The version investigators are using, known as Section 1519, is part of the Sarbanes-Oxley Act, a broad set of reforms enacted in 2002 after financial scandals at companies like Enron, Arthur Andersen and WorldCom.
The heavily redacted affidavit provides new details of the government’s efforts to retrieve and secure the material in Trump’s possession, highlighting how prosecutors may be pursuing a theory that the former president, his aides or both might have illegally obstructed an effort of well over a year to recover sensitive documents that do not belong to him.
To convict someone of obstruction, prosecutors need to prove two things: that a defendant knowingly concealed or destroyed documents, and that he did so to impede the official work of any federal agency or department. Section 1519’s maximum penalty is 20 years in prison, which is twice as long as the penalty under the Espionage Act.
The law is the Law. And supposedly no one is beyond its reach ...
18 U.S. Code § 1519 - Destruction, alteration, or falsification of records in Federal investigations and bankruptcy
Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.
Element 1 of the 1519 Obstruction charge (knowingly concealed documents):
[...]
The New York Times reported on Tuesday that Mr Trump flat-out refused to return boxes of documents, including some that apparently were marked classified, when approached by his former deputy White House counsel, Patrick Philbin.
And he wasn’t alone – multiple other aides to the president reportedly told him the same thing. But Mr Trump resisted, telling them “it’s not theirs, it’s mine” on several occaisions, referring to the stash of documents.
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Independent — Aug 16, 2022; via Yahoo.news
Element 2 of the 1519 Obstruction charge (impede the official work of a federal agency):
[...]
According to a New York Times report published Monday, [Trump lawyers Christina] Bobb and Evan] Corcoran met at Mar-a-Lago with Jay Bratt, the head of the counterespionage section of the DOJ’s national security division, and some FBI agents on June 3. At some point during their visit, [Jay] Bratt and the agents were given “a sheaf of classified material,” the Times reported.
According to the Times:
“Mr. Corcoran then drafted a statement, which Ms. Bobb, who is said to be the custodian of the documents, signed. It asserted that, to the best of her knowledge, all classified material that was there had been returned, according to two people familiar with the statement.”
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msnbc.com — Aug 24, 2022
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Lawyers who were skeptical before reading the Affidavit, now think it is only a matter of time, before Donald Trump is indeed indicted. It may only be a matter of before or after the mid-term elections.
The evidence is overwhelming — just look at the redactions. We don’t know, what’s buried there. The imagination reels at the possibilities. … But the DOJ knows. The FBI knows … what’s behind those redactions. And they also know the evidence they are solidifying, as their investigations proceed.
Making the slam-dunk case on Obstruction, would be the equivalent of getting Capone on Tax Evasion. Trump wouldn’t stand a chance at beating that rap. (Obstruction, or Tax Evasion too, most likely.) Assuming Garland has got the resolve to actually make that case.
And the iron-clad evidence to make it stick, before the Grand Jury.
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