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Did the FBI recover this supposed document in their raid? If not, the recording is immaterial to their case.

That would suggest the leak was done merely for public/media consumption and perhaps jury poisoning.

If the audio is material to documents Trump had and the case, then the leak is criminal.

This is starting to remind me of Russia Gate, where the legal process was being used primarily for anti-Trump hits, rather than genuine legal concern as evidenced by the criminal leaks.

For all we know Trump was waving around a news article referencing Millie's plan. Also, it says 2021 but do we know if it was January of 2021 while he was still POTUS? Doesn't sound like it, but knowing how these lawfare goons operate, I would advise extreme caution with these bird feeder bombshells to the same Russia Gate enabler media.

They lied, fabricated and broke the law with impunity in that criminal enterprise, and I suspect this is a new spin up of the same game.

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Agreed. The sound of papers is not definitive proof that the papers were anything the media is speculating. How would they have the actual papers he held? Did he give them to the FBI? Did he show or flash the papers? The deliberate release of this tape pretty much destroys any chance Pres. Trump has of getting a fair jury. The FBI and DOJ have already proven themselves to be dishonest and willing to fabricate "evidence." Releasing this tape with no context is no different from the Dobbs SCOTUS release, and designed to gin up protests. Trust but verify, Pres. Reagan once said, but we know we can't trust the government in anything related to Pres. Trump.

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Update, and THERE it is:

... "The Defense Department memo on Iran — at the heart of the now-public audio recording that captured a July 2021 meeting with former President Donald Trump — is not part of the 31 counts of willful retention of national defense information charged in special counsel Jack Smith's indictment of the former president, a source familiar with the matter confirmed to CBS News ..."

https://www.cbsnews.com/news/iran-memo-not-among-the-31-records-underlying-charges-in-trump-federal-indictment/

Trump did not have the memo. There is no such memo, and more importantly, this entire ruse is because of two letters sent or left for Trump that Lawfare intentionally designated as national security secrets, knowing Trump would keep them.

This leak was for media and narrative consumption. Lawfare operatives use the legal system to generate probably 100's of millions of dollars worth of negative publicity against Trump, for FREE.

Democracy is so overrated.

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These people are such devious, dastardly, corrupt criminals… And when you have ideological swamp judges in place with ideological swamp prosecutors, how do you even stand a chance? It’s pretty disheartening on the Freedom front.

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There are many many witnesses. It’s safe to assume DoD has the originals of their own plans and Presidental Breifings because they prepared them.

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I feel that leaked evidence should be viewed as jury tampering.

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"the former president said "there was no document" and that he was just discussing news clippings". Unless the prosecution can prove beyond the shadow of a doubt, that a specific classified document was shown, that a witness can recall the file name, or file number, or specific material in the document that is not commonly know and specific to a particular document, it's all smoke and mirrors. There is nothing there.

It's like having an audio tape of me saying that I robbed a bank. Unless I specifically say the name of the bank and where and when it was robbed, or there is CCTV evidence of me robbing the bank, eye witnesses, or tainted money in my hands or home, my words mean nothing.

Without specificity, there is no case. It's just simple logic.

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But I can poison the public sentiment and jury pool

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Excellent!!!

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Hmm. The FBI had Hunter's laptop for what, five years, and never released it. We never would have seen it if it weren't for that brave computer repair guy. But in the case of Pres. Trump, there is no compunction or hesitation against leaking "evidence," or acting within the two tiered system of justice. Funny how we never got to see the documents Biden kept, for decades in some cases, and stored in a garage. Hillary got to select which emails the FBI got, not a raid like Pres. Trump was treated to.

We are becoming a banana republic, or another Venezuela, courtesy of the Democrats. We'll tell our kids what America used to be like and they won't believe us.

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The entire case should never have been brought. Anything found should be considered criminal evidence against Meritless Garland!

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Again a leak for thee but not for me. Amazing how many things get leak with a Republican in power or under investigation- with the Dershowitz Dems, not much. Leaking of Dobbs ruling still unsolved, Dersh's Dems accountable for gurnished!

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OMG! You are still on Trump when you have a President with INDESPUTABLE evidence of taking bribes from a foreign government. HOW??????? GO AFTER BIDEN!!!!!!!!!

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Bravo!!!!!

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Does anyone else think that it sounded like they were looking at something completely different that potentially involved Milley or Clinton?

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Don’t know if they were actually looking at anything.

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I feel the judge should throw out this leaked audio recording. What do we know today that can raise a question? AI can be used to imitate a person’s voice perfectly. So how do we know it’s Mr Trump? 2) If this were a true recording, what else do we know? Most jurisdictions would quash a one-sided recording made without the person’s permission! 3) Additionally, what is Mr Trump pointing out? Gen Milley has often made mention of various scenarios if we were attacked. Is it “Secret” or merely a paper that had been in the public realm at some point in time? We have many questions and I believe e this is tainted and should be quashed.

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What was Mr Trump reading in the audio recording? How is to be proven? Where are the edits in the recording? Was his description of "could have but didn't" tutorial? Did Trump refer to the docs as classified or confidential?

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The theme of what he was saying was “too bad I can’t share this document with you now.” He wanted to keep the relationship but knew the publisher and author were not privy to to what he was speaking about . It could have been anything on his desk, or inside a drawer.

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But did anyone in that room actually read the document, or did he just wave it in the air to show them while talking? I imagine those in the room were interrogated as to what they actually saw. That could be key? DOJ probably leaked audio.

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That’s exactly what I was thinking, waving around the document is not sharing it with everybody

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The story of the Trump political opposition involves an intricate journey of twists and turns, blind alleys and precipices. Thank you Alan for helping us see a bit of what may lie ahead.

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Alan, please consider representing Mr. Trump. As the gospel song says , " Dare to be a Daniel, dare to stand alone".

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Mr Dershowitz is bending over backwards to be fair, against his political leanings, but all this solemn nit-picking about sanctity of classified documents only endorses the grandiosity of those in power, who thrive on keeping secrets from the American public. It increases their sense of importance. How many classified documents reveal plans to deal with Iran, or China, or North Korea? Not many, & so what if they do? They're plans for yesterday, will likely be different plans tomorrow. Trump should get the Medal of Honour for the dignity with which he's dealt with this moronic yet evil political behaviour.

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Thoughtful analysis - I just found your site a few weeks ago and very glad that I did.

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I really appreciate Mr. Dershowitz's legal analysis on this. He's someone who's politics I disagree with, but he's fair -- a left-wing liberal, but an honest one. However, I think this argument is a strain.

Perhaps President Trump is just doing what he's done for years, attempting to create reality by his own assertions. It's ironic that perhaps the most "out of the closet" postmodernist that has ever held the White House is nominally a conservative.

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