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In shock move, Trump fires FBI Director Comey


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18 U.S. Code § 793 - Gathering, transmitting or losing defense information

 

The answer is in (f): You'll find the word "intent" in subsection (a) but it is purposely omitted in subsection (f)

 

GUILTY AS CHARGED

 

(f)

Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—

Shall be fined under this title or imprisoned not more than ten years, or both.

 

(a)

Whoever, for the purpose of obtaining information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the United States, or to the advantage of any foreign nation, goes upon, enters, flies over, or otherwise obtains information concerning any vessel, aircraft, work of defense, navy yard, naval station, submarine base, fueling station, fort, battery, torpedo station, dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless, or signal station, building, office, research laboratory or station or other place connected with the national defense owned or constructed, or in progress of construction by the United States or under the control of the United States, or of any of its officers, departments, or agencies, or within the exclusive jurisdiction of the United States, or any place in which any vessel, aircraft, arms, munitions, or other materials or instruments for use in time of war are being made, prepared, repaired, stored, or are the subject of research or development, under any contract or agreement with the United States, or any department or agency thereof, or with any person on behalf of the United States, or otherwise on behalf of the United States, or any prohibited place so designated by the President by proclamation in time of war or in case of national emergency in which anything for the use of the Army, Navy, or Air Force is being prepared or constructed or stored, information as to which prohibited place the President has determined would be prejudicial to the national defense; or
(b)
Whoever, for the purpose aforesaid, and with like intent or reason to believe, copies, takes, makes, or obtains, or attempts to copy, take, make, or obtain, any sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, document, writing, or note of anything connected with the national defense; or
(c)
Whoever, for the purpose aforesaid, receives or obtains or agrees or attempts to receive or obtain from any person, or from any source whatever, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note, of anything connected with the national defense, knowing or having reason to believe, at the time he receives or obtains, or agrees or attempts to receive or obtain it, that it has been or will be obtained, taken, made, or disposed of by any person contrary to the provisions of this chapter; or
(d)
Whoever, lawfully having possession of, access to, control over, or being entrusted with 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 nation, willfully 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 on demand to the officer or employee of the United States entitled to receive it; or
(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 nation, willfully 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
(f)
Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—

Shall be fined under this title or imprisoned not more than ten years, or both.

(g)
If two or more persons conspire to violate any of the foregoing provisions of this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be subject to the punishment provided for the offense which is the object of such conspiracy.
(h)
(1)
Any person convicted of a violation of this section shall forfeit to the United States, irrespective of any provision of State law, any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, from any foreign government, or any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, as the result of such violation. For the purposes of this subsection, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(2)
The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1) of this subsection.
(3)The provisions of subsections (b), (c), and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)–(p)) shall apply to—
(A)
property subject to forfeiture under this subsection;
(B)
any seizure or disposition of such property; and
(C)
any administrative or judicial proceeding in relation to such property,
if not inconsistent with this subsection.
(4)
Notwithstanding section 524(c) of title 28, there shall be deposited in the Crime Victims Fund in the Treasury all amounts from the forfeiture of property under this subsection remaining after the payment of expenses for forfeiture and sale authorized by law.
(June 25, 1948, ch. 645, 62 Stat. 736; Sept. 23, 1950, ch. 1024, title I, § 18, 64 Stat. 1003; Pub. L. 99–399, title XIII, § 1306(a), Aug. 27, 1986, 100 Stat. 898; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 103–359, title VIII, § 804(b)(1), Oct. 14, 1994, 108 Stat. 3440; Pub. L. 104–294, title VI, § 607(b), Oct. 11, 1996, 110 Stat. 3511.)

 

LII has no control over and does not endorse any external Internet site that contains links to or references LII.

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2 minutes ago, TonyClifton said:

18 U.S. Code § 793 - Gathering, transmitting or losing defense information

 

The answer is in (f): You'll find the word "intent" in subsection (a) but it is purposely omitted in subsection (f)

 

GUILTY AS CHARGED

 

(f)

Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—

Shall be fined under this title or imprisoned not more than ten years, or both.

 

(a)

Whoever, for the purpose of obtaining information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the United States, or to the advantage of any foreign nation, goes upon, enters, flies over, or otherwise obtains information concerning any vessel, aircraft, work of defense, navy yard, naval station, submarine base, fueling station, fort, battery, torpedo station, dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless, or signal station, building, office, research laboratory or station or other place connected with the national defense owned or constructed, or in progress of construction by the United States or under the control of the United States, or of any of its officers, departments, or agencies, or within the exclusive jurisdiction of the United States, or any place in which any vessel, aircraft, arms, munitions, or other materials or instruments for use in time of war are being made, prepared, repaired, stored, or are the subject of research or development, under any contract or agreement with the United States, or any department or agency thereof, or with any person on behalf of the United States, or otherwise on behalf of the United States, or any prohibited place so designated by the President by proclamation in time of war or in case of national emergency in which anything for the use of the Army, Navy, or Air Force is being prepared or constructed or stored, information as to which prohibited place the President has determined would be prejudicial to the national defense; or
(b)
Whoever, for the purpose aforesaid, and with like intent or reason to believe, copies, takes, makes, or obtains, or attempts to copy, take, make, or obtain, any sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, document, writing, or note of anything connected with the national defense; or
(c)
Whoever, for the purpose aforesaid, receives or obtains or agrees or attempts to receive or obtain from any person, or from any source whatever, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note, of anything connected with the national defense, knowing or having reason to believe, at the time he receives or obtains, or agrees or attempts to receive or obtain it, that it has been or will be obtained, taken, made, or disposed of by any person contrary to the provisions of this chapter; or
(d)
Whoever, lawfully having possession of, access to, control over, or being entrusted with 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 nation, willfully 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 on demand to the officer or employee of the United States entitled to receive it; or
(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 nation, willfully 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
(f)
Whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information, relating to the national defense, (1) through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be lost, stolen, abstracted, or destroyed, or (2) having knowledge that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust, or lost, or stolen, abstracted, or destroyed, and fails to make prompt report of such loss, theft, abstraction, or destruction to his superior officer—

Shall be fined under this title or imprisoned not more than ten years, or both.

(g)
If two or more persons conspire to violate any of the foregoing provisions of this section, and one or more of such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be subject to the punishment provided for the offense which is the object of such conspiracy.
(h)
(1)
Any person convicted of a violation of this section shall forfeit to the United States, irrespective of any provision of State law, any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, from any foreign government, or any faction or party or military or naval force within a foreign country, whether recognized or unrecognized by the United States, as the result of such violation. For the purposes of this subsection, the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(2)
The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1) of this subsection.
(3)The provisions of subsections (b), (c), and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)–(p)) shall apply to—
(A)
property subject to forfeiture under this subsection;
(B)
any seizure or disposition of such property; and
(C)
any administrative or judicial proceeding in relation to such property,
if not inconsistent with this subsection.
(4)
Notwithstanding section 524(c) of title 28, there shall be deposited in the Crime Victims Fund in the Treasury all amounts from the forfeiture of property under this subsection remaining after the payment of expenses for forfeiture and sale authorized by law.
(June 25, 1948, ch. 645, 62 Stat. 736; Sept. 23, 1950, ch. 1024, title I, § 18, 64 Stat. 1003; Pub. L. 99–399, title XIII, § 1306(a), Aug. 27, 1986, 100 Stat. 898; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 103–359, title VIII, § 804(b)(1), Oct. 14, 1994, 108 Stat. 3440; Pub. L. 104–294, title VI, § 607(b), Oct. 11, 1996, 110 Stat. 3511.)

 

LII has no control over and does not endorse any external Internet site that contains links to or references LII.

yawn, is anyone going to read all that?. 

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1 minute ago, sandrabbit said:

yawn, is anyone going to read all that?. 

I copied subsection (f) to put it at the top.  The rest is there for reference.  However, if you care to argue legalities without reading or understanding the law, I fully support your right to not know.

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27 minutes ago, WaywardWind said:

You said he "interfered" in the election, while your link merely indicates that he endorsed Macron.  They are not the same - just ask Putin if you need guidance on the difference.

 I guess you also think the US never 'interferes'?  and that it's ok for past POTUS to influence voters?  you don't think that is 'interference'?  wow no wonder there is a HUGE divide in the world today and, BTW, I'm super pleased Macron won and I'm  not a Trump supporter but I can SEE the hypocrisy

 

 

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50 minutes ago, LannaGuy said:

 I guess you also think the US never 'interferes'?  and that it's ok for past POTUS to influence voters?  you don't think that is 'interference'?  wow no wonder there is a HUGE divide in the world today and, BTW, I'm super pleased Macron won and I'm  not a Trump supporter but I can SEE the hypocrisy

 

 

Obama endorsed Macron - how in the world does that reach the level of "interference?'

 

And yes, I am fully aware that the US has interfered in elections in other countries.  What exactly does that have to do with Obama's endorsement?

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7 hours ago, LannaGuy said:

Bit hypocritical of the Dem's isn't it?  and what was Obama doing interfering in the French election?  I'm sure that was him on TV telling them how to vote. Must say silly move by Trump and atrocious timing.   

Obama as a private citizen was invited by Macron to express his support for his candidacy. Trump as President publicly expressed admiration for Le Pen's policies during her election campaign.

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16 minutes ago, simple1 said:

Trump as President publicly expressed admiration for Le Pen's policies during her election campaign.

And as a gentleman, he has now congratulated the winner and offered to work with him.

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Game on!

https://www.washingtonpost.com/opinions/trump-like-nixon-will-fail/2017/05/09/ab4a108e-3516-11e7-b4ee-434b6d506b37_story.html

 

"Rosenstein has one chance to rehabilitate his reputation : He can name a special prosecutor to continue the probe . If he doesn ’ t, the wave of rebellion against Trump so far will become a tsunami , and it will swamp Trump ’ s protectors in the polls .

This president may think himself unassailable , but Americans are seeing him for what he is : a tin - pot tyrant ."

 

 

 

 

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It's interesting what the Comey firing tells us about Trump.  Trump was never the CEO of a major company having to deal with various groups of competing stakeholders, report to the government, by building alliances or consensus.  To the contrary, he was the sole proprietor of a family business with a small headcount.  So, he is completely unaccustomed to being challenged by anyone else, especially his lying.  Reportedly he expected the Comey firing to go down without a fuss, because no one likes Comey these days.  Apparently, he was stunned to find himself the target of such massive criticism even after people like Chuck Schumer told him it was a very big mistake to fire Comey. 

 

So, Trump is way out of his league.  What he will find out is that stepping on the institutional prerogatives of senators, congressmen, and judges will turn them against him even some of the Republicans.  Like others hobbled by the Dunning-Kruger effect, he fails to find others with skills and knowledge to compensate for his own, vast ignorance.  He is going to continue to dig his own grave with no more self-awareness than Louis XVI.

 

Julian Assange predicts that there will now be a Niagara of leaks from Comey loyalists within the FBI much to Trump's detriment.  Flynn is still waiting to be taken up on his offer to squeal for immunity and Comey himself knows a great deal about which he will soon be called to testify. 

 

It's going to be very interesting.

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Dictator style.

 

 

"Trump’s treatment of Comey may ultimately backfire. Even if Trump had legitimate reason to fire Comey—and he arguably did—his targeting of the one person in government capable of bringing down his presidency is suspicious on its face. Trump’s timing and tenor will lead anyone who’s paying any attention to suspect this was about more than the director’s corrected testimony regarding Clinton emails."

 

 

http://www.slate.com/articles/news_and_politics/politics/2017/05/trump_s_firing_of_james_comey_is_a_warning_shot_to_everyone_in_his_administration.html

 

 

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Off topic posts have been removed. 

 

Posts using ALL CAPS have been removed.  Please turn off your Caps Lock button when posting.  If you continue to post using ALL CAPS, your posts will continue to be hidden. 

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11 hours ago, SheungWan said:

You know, the volatility index has been way, way down and I was thinking its too quiet out there, has he really settled in? And then, Voila!

Voila? VOILA!!!

 

I think you mean KAPOW! ( sorry Roy Lichtenstein)

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8 hours ago, zaphod reborn said:

Sheriff Buford T. Justice?  At least there isn't an open criminal investigation (or in the case of Guiliani, an ongoing grand jury hearing for money laundering and RICO violations for selling arms to Iran through Turkey) against Jackie Gleason.

Better Call Saul!

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2 hours ago, JHolmesJr said:

And as a gentleman, he has now congratulated the winner and offered to work with him.

Point of order! 

 

I object to the term gentleman.

 

I am British and know who is, and who is not, a gentleman.

 

Thank you 

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14 hours ago, darksidedog said:

So, not prosecuting Hilary is being cited as the reason. Bit late. We are six months down the track.

The fact that Comey was now in charge of allegations regarding Trump, and his team for possible Russian ties is just a coincidence?

Those allegations won't go away. The sacking of the man in charge of the investigation will undoubtedly raise suspicion it is being done to stymie that investigation.

I hope the investigation itself will continue, to determine the truth.

So the Russians could get Hillary Clinton emails but the fbi couldn't. Her maid was checking her emails he maid certainly did not have top secret clearence. 

 

Why not ask how come the fbi couldn't get the emails.

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The thing that I find most disgraceful about all this is HOW Comey was informed. Here we have a man who whether you agree or disagree with his methods has undoubtedly served his country. He was the Director of the FBI, the premier law enforcement agency and as such he had direct access to the POTUS. He is giving a speech to members of the FBI and those same members start calling out that on a TV behind Comey it is saying he has been fired. Comey thought it was a joke by his agents, but members of his staff checked it out and.........the rest is history.

 

It is a complete disgrace that Trump and his Administration would allow this to happen. It would have been better for Trump to sack him by SMS, as reprehensible as that is. 

 

I cannot start to understand the people on here who support Trump. What is interesting is since this kicked off we have seen a frenzy of pro Trump support on here by some people who rarely make any comment at all, yet suddenly everyone is out in force? 

 

So, in short a disgraceful way to handle the sacking of a Director of an intelligence agency, and as for the timing, I can only hope that karma really is a bitch and it won't belong before Trump and his piggies are made to do the perp walk. That will be reality TV at his best and Trump will never have such high ratings. It would be even more satisfying if, when the Trump criminal trials eventually get to the Supreme court if Gorsuch is the one who casts the deciding vote to send Trump to prison for 20 years.

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34 minutes ago, naboo said:

Trump showing what an amateur politician he is. He should have looked more closely at how Tony Blair got rid of David Kelly.

That he is an amateur is a plus.  I didn't vote for a politician. I voted for President Donald Trump.

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38 minutes ago, USPatriot said:

So the Russians could get Hillary Clinton emails but the fbi couldn't. Her maid was checking her emails he maid certainly did not have top secret clearence. 

 

Why not ask how come the fbi couldn't get the emails.

Why would the FBI conduct surveillance on US citizens without cause?  Do you have any idea what you're talking about?

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2 hours ago, CaptHaddock said:

It's interesting what the Comey firing tells us about Trump.  Trump was never the CEO of a major company having to deal with various groups of competing stakeholders, report to the government, by building alliances or consensus.  To the contrary, he was the sole proprietor of a family business with a small headcount.  So, he is completely unaccustomed to being challenged by anyone else, especially his lying. 

 

More #FAKEFACTS for us to digest? Do tell us how many underlings were in that small headcount.  I'd like a number.

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A very interesting commentary here from Elijah Cummings. He is correct in that the Republicans are basically aiding and abetting Trump to be above the law.

 

The House intelligence committee requested documents from the White House from all Trump associates asking for details of any meetings with Russians. NOBODY has responded. Cummings yesterday asked Chavez to subpoena the people for the documents and Cahvetz reply was that he will not do that. :omfg:

 

 

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11 minutes ago, TonyClifton said:

That he is an amateur is a plus.  I didn't vote for a politician. I voted for President Donald Trump.

 

If you understood my post, you would realise it was an attack on politicians, with Tony Blair's eradication of David Kelly through "suicide" being the focus rather than Trump.

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9 hours ago, Andaman Al said:

Nothing "shocking" about this at all. This is Trump in his element. Jeff Sessions, the KKK-loving rube from Alabama, has hated Comey from day one and was determined to get rid of him. Just Trump business as usual.

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There seems to be a lot of deluded posters on this thread today. Are we sure Trump wasn't colluding with SMERSH? The far-left is attempting a smoke screen. IFAIC, a lot of Hillary-complicit heads should roll if for no other reason than to set examples (that national security laws are not to be scoffed).

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9 minutes ago, MaxYakov said:

 

There seems to be a lot of deluded posters on this thread today. Are we sure Trump wasn't colluding with SMERSH? The far-left is attempting a smoke screen. IFAIC, a lot of Hillary-complicit heads should roll if for no other reason than to set examples (that national security laws are not to be scoffed).

 

I am told by very secure sources, that he has a call out to Our Man Flint which is pending now.  He did try calling Sean Connery but was rebuffed.

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