Robert Barnes, a constitutional and civil rights lawyer, dissects and demolishes the indictments against Donald Trump. He also analyzes his constitutional and other defenses. Everyone has this case all wrong. It’s very dangerous and threatens our Constitution.
The basic foundation of the case for Donald Trump is Art. II, Section 1 of the Constitution, the first sentence.
Under Article II, Section 1, Clause 1, the executive power is vested in a single person—the President of the United States.
The fundamental flaw in the analysis you’ve heard is that anyone other than the President determines if a document is secret.
Donald Trump is the president, and he determines if the document is secret. He decides if it’s a government document and is the only one who can do that. It’s not the unelected agencies’ powers, and it’s not Congress’s power.
It’s his constitutional right.
The entire charge is bogus. The Deep State is trying to overthrow the Constitution. They are trying to say the Deep State is in charge. If they win, they will succeed in destroying the Constitution. This case is very dangerous and goes way beyond Donald Trump, says Mr. Barnes.
In the case of Gen. Mark Milley and the document with an attack plan of Iran, it was Milley who leaked the information about the Iran attack. Milley lied and said the President wanted to attack Iran. It was DJT who didn’t want to attack Iran. Nothing has happened to Milley, as Barnes says.
The entire “security” and “classification” apparatus being brought to bear against Trump underlines the attempt by the Deep State to destroy our Constitutional Republic.
Besides the substantive overthrow of the government, numerous constitutional rights of Trump have been violated by the special counsel and prosecutors out to get him.
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A few of the questions Mr. Barnes answered:
The host asked Mr. Barnes his thoughts on the fact that Donald Trump didn’t follow the declassification process which he allegedly knew.
“There is actually no procedural lawful, legally set out method for declassification,” Barnes said … “all the presidential records act laws clarified is that all these laws are about everybody except the President because constitutionally they cannot limit the president.
“…the second issue that comes up with this … I’m saying the statute reflects the Article 2 – that’s what this is all about fundamentally – who has the power under Article 2, the elected president of the United States or the unelected deep state? Jack Smith said the unelected deep state.
“… who did he [Jack Smith] thank? He didn’t thank the American people. He thanked the men and women of the intelligence community. This is a CIA indictment. This is an intelligence community indictment…this is a deep state indictment not only meant to take out Trump and interfere in the 2024 election, not only to deny us, the American people, the right to pick our own president, but the right of us, the American people to know the secrets of our government when the elected President decides to share them with us.
“That’s what Patrick Henry said long ago. If you allow too many secrets, you will destroy government…you will destroy liberty…you will empower tyranny. That’s why the Snowden reader book is behind me. That’s what Julian Assange’s argument has been for several decades. He said the great danger to liberty in the world are the secrets kept by the elites and the deep state apparatus and intelligence communities and military industrial complex.
“…Trump has clearly got a lot of bad legal advice throughout this entire process because they should have fought this from day one. These are Trump’s records but they’re indicting Trump over him keeping his own records, which are constitutionally his own records; statutorily his own records; and under existing law, the only legal precedent that exists. [Clinton’s sock drawer case].”
The host then asked Barnes about the fact that the President did go through procedure to disclose other documents.
Barnes explained that was because he was allowing other people to disclose those documents, people other than him.
The host asked if there were any documents the president was prohibited from disclosing.
Barnes said, No, under Article II because Congress can’t restrict the power of the executive. Congress can subpoena to oversee what the agencies are up to, but what Congress can’t do is restrain the executive branch from its executive duties.”
There was more.