In Search of The Goldilocks Document
One interesting upshot to the FBI’s confiscation of stolen government documents from TFG’s residence, is the introduction of the concept of a “Goldilocks Document”.
Like a Goldilocks Planet, a Goldilocks Document is neither too hot, nor too cold, but just right.
The FBI and the DOJ can’t share just any of the stolen documents with a jury. Some of those documents are apparently too sensitive to be shared and known. They’re too hot. And I am guessing that they also are identifying classified papers that, though classified, are so harmless that any given juror will question the harm in TFG’s taking them home.
So the search is on for documents that are assessed as possibly harmful, if released, but maybe not overly so and can be shared with a jury.
Enough to demonstrate how TFG imperiled our national security, but everyone can read it now.
Hard to imagine, but it’s a noble goal
Several sources I’ve seen say the “classification” element may not be needed for some variations of the crimes being investigated:
* removal or destruction of records,
* obstruction of justice and
* violating the Espionage Act — which can encompass crimes beyond spying, such as the refusal to return national security documents upon request.
Fact pattern includes being told before Inauguration Day that records needed to go to the National Archives,
then moving and taking boxes of documents,
then getting multiple requests from Archivists and FBI personnel,
then giving some documents back and agreeing to put a lock on the door,
then getting more requests and responding by sending some documents and having an attorney write a letter saying “”Th-th-th-that’s all, folks!”,
then having someone tell the government there were more documents, getting a warrant, and going and finding more documents.
Well, that sequence hints there may be a bit of removal, obstruction, and refusal to return, WITHOUT needing to reveal contents of the documents.
1I’ve wondered how they can present a case to a jury without disclosing any classified material to them. My guess is that TFG will cop a plea to stay out of jail. Given the terrible caliber of his lawyers, though, and the unwillingness of any good ones to represent him, he may insist on a trial. In any event, I’ve got the popcorn ready to go.
2If I had handled any classified documents the way the Blivet did back in my Air Farce days, I would have been court-martialed.
3Ahhhh, Goldilocks—the picky home invader.
As Trump is an icky gossip monger they could just query his dinner companions about what he has shared with them; then share it with a jury.
4They need to choose just the right classified documents as they would not want us to find out about all the illegal stuff they do.
5Hope they found the notorious “Goldishower Document” and it falls in that category. Might be to gross to show jurors though …
6I’m not a lawyer and I was born with only a moderate amount of common sense and I think that if they have taken documents back from TFG that they’re having trouble finding ones that can be submitted to a jury then doesn’t that mean he STOLE a significant amount of classified information?
7And as an aside there’s been sufficient time for all those documents to have been copied, so kinda moot, right? But, then again if he doesn’t know how to use a shredder then probably doesn’t know how to use a copier either.
Poor ol’ TFFG, he desperately needs to get ahold of his very own ‘Honorary Agent and Special Deputy Sheriff of Dade County’ card and badge, like Georgia genius Herschel Walker gots. Then he could wave it around during the next FBI search operation and plead immunity.
Looks like the RNC is not going to pay any more of TFFG’s ‘raid’ related legal bills either.
Komrade Donnei’s fixing to have another very bad week… bwahaha.
LOCK HIM UP!
8Lock them ALL up!
Get some rope too…
Trump’s attorneys would like nothing better than to introduce a “Goldilocks” concept into any trial that might materialize. Monday morning quarterbacking of the classification level of restricted materials is no justification for leniency. If they try to get it admitted, it should be shot dead on arrival.
9Handling classified material in the service, I was taught that a blank piece of paper stamped “SECRET” was then actually classified secret, and had to be declassified to be released.
Additionally, there is a paper trail for all material removed from the safe, and a subsequent signature upon return.
“Benedict Donald” needs to do hard time.
10Could a jury be empaneled entirely with people with Top Secret authorization? Could that legally be a requirement in cases like this?
11This has been a problem since at least the Rosenberg trial in 1951. The way it was handled then was for the prosecution to submit some hand-written documents that sorta maybe looked like what they had passed on to Soviet agents. The diagrams were ridiculous and not even as informative as what General Leslie Groves had published in the 1940s, in his book about the Manhatten Project. No matter, Stalin had the atomic bomb and the American public wanted to find and hang/electrocute someone they could blame for it.
But the Rosenbergs were faced with a hanging judge who allowed the documents to be entered as evidence. And in his sentencing, he blamed the Rosenbergs for the (at the time current) war in Korea. Now we’ve got Trump-appointed judges infesting the judiciary, and even if they get overruled in appeals, they’ll succeed in Trump’s real goal: to delay things in hope that Republicans will take Congress this year, and Trump gets elected in 2024. Plus he’ll have the ultimate back-up plan: “his” Supreme Court.
Personally, I think in general a jury of 12 Americans would be able to keep their mouths shut about any national security secrets they hear in a trial. Even with 40% of Americans voting for Trump, I hope most of them would recognize how deadly it could be to release any details of how to design, build, and control nuclear weapons. But then I look at the current GOP ….
12To S.P. @12
13As someone remarked back then. The biggest atomic secret was revealed when it was used. It WORKS! After that it’s just a case of reverse engineering.
The Jan 6 insurrection seemed to cause some splintering in the repugnantican party but as we know, that has mostly passed. This current situation with trumpf “stealing” top secret and potentially dangerous material seems to be fraying the party again. That is good as long as the DOJ comes out and shares as much incriminating evidence as they can and puts the TFFG on trial. Even Ann Coulter is saying trumpf is done. I guess when fux news including tucker C comes out similarly, that will be very good news. I am still not holding my breath but am hopeful. The worst thing that could happen is this becomes another false alarm.
14Mike, I’ve worked with the Dept of Energy and agree with you about it being the biggest step. But there’s lots of engineering and even basic science details that we still don’t want to be given away. If I told you an internal combustion engine works by saying there’s a cylinder that compresses gas and air, which is then ignited and pushes the cylinder, that would bring us up to about 1860. Anyone in 1890 would laugh and say there’s much more to it. A modern engine in 2022 compared to that is like comparing a lion to a amoeba.
That’s why everyone involved in nuclear weapons freaked out when Trump’s spawn were denied security clearances but this was overruled by their crime boss. He wanted Q clearances for all of them, and none had any legitimate reason for that level of access. Does anyone think Princess SparkleTwat is going to be able to understand the initiating sequence for a modern three-stage nuclear weapon? Or compute neutron fluxes resulting from the second stage? Or know why Rayleigh-Taylor instability is such an important topic for the DoE?
That was when it was clear T**** was an obvious danger to the US, and planned on selling off whatever he could. Getting the names of CIA spies and handing them over to Russia et al was not the start of his treason.
15Steve from Beaverton: I encountered this on Imgur, but am slightly reluctant to post it. After all, I have the greatest respect for Jerome Lester Horwitz, and zero respect for Tucker C. Still:
https://i.imgur.com/yNw7VfI_d.webp?maxwidth=760&fidelity=grand
16Professor- exactly. Now, who resembles Larry and Moe? I’m going to noodle that for a while.
17Saw the picture and here are two thoughts
18*that is a gosh-awful rug
*there is something off about the color of the secret folders.
(see last paragraphs of https://www.dailykos.com/stories/2022/8/31/2119992/-The-classified-documents-in-that-DOJ-photo-were-all-found-in-Donald-Trump-s-Mar-a-Lago-office
Think it is safe to say that the Donald wasn’t resolute about what he kept in his desk
19@BarbInDC – IANAL, and I’m probably wrong, but as I understand it, this is one of the reasons that DOJ tries very hard to avoid actual trials for mishandling of classified documents: in order to present them as evidence, they have to be declassified so that they can be presented to a jury and (ultimately) the public. So they try hard to charge with something else and/or have them plead out.
20It may be possible to avoid this in some cases, e.g., where someone copies classified documents onto a CD or DVD, and someone can testify as to the contents of the medium. In this case, however, the evidence is the documents themselves, so they are likely to have to declassify some of them that are either stale or known to be leaked, or sufficiently un-sensitive that they can be declassified so the court and jury can view them.
Weakgrip: that carpet was carefully chosen, to not show ketchup stains or spilled diet coke. Sorta like what you find in airports, or mental institutions where the inmates tend to throw both food and feces around.
The cover sheet colors are what I’ve seen before. A few years ago a friend of mine made up a set of cover sheets that initially look like those, but closer examination reveals they identify the contents as Bullshit, Stupid Beyond Belief, and similar categories. The Powers That Be failed to be amused, but in my experience they either lack a sense of humor or had it surgically removed to take the job. I’ll see if I’ve got them buried on some rusty slow HD for the Salon’s enjoyment.
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