"BOTTOM LINE.........
If the DOJ actually had a case, they would have indicted Trump in D.C. This is why they didn't.
The reason Jack Smith brought these charges in Miami is that he's trying to avoid a 2012 precedent set by the D.C. Circuit. That precedent involved Bill Clinton having 8 years' worth of classified audio tapes in his sock drawer. The D.C. Circuit ruled that Clinton didn't break the law by having these tapes because they fell under the Presidential Records Act. It was an Obama Judge who made that decision. Smith wants to avoid having the Trump case fall under that same precedent by the same D.C. Circuit.
Smith knows Trump had every right to have classified documents. That's why the indictments never mention the Presidential Records Act. Instead, he's trying to circumvent that by charging Trump with espionage, which is laughable. It's impossible for Trump to have committed espionage by having the documents, as the Presidential Records Act trumps any espionage claim.
Smith is also trying to charge Trump with false statements and obstruction. That isn't going to fly. Why? Because according to a 2019 Office of Legal Counsel decision at the DOJ, you cannot charge someone for obstructing an investigation into a non-crime. Since the Presidential Records Act trumps any claim of espionage, there is no underlying crime for Trump to be obstructing.
Three pages into the indictment, it’s clear that the leaks that preceded the indictment are far too close to what is actually being pleaded by DOJ to be a coincidence.
For example, in paragraph 6a on page 3, we hear about the recording of the Bedminster call, which the MSNBC’s of the world have been beating a dead horse about for quite a while based on such leaks.
This means that Trump's lawyers could not possibly be the source of the leaks.
Ergo, the leaks are coming from DOJ. They must be investigated and punished.
Also, this is grounds for granting a motion highlighting jury pool poisoning and dismissing the indictment before it reaches even its one-month birthday.
It's very likely that this case gets tossed by the Appellate Court before ever going to trial. Should it go to trial, it's highly unlikely Trump would be convicted, as the decision would need to be unanimous. If he were to be found guilty, it would be appealed to the Supreme Court, where it will be overturned."
