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On January 19th, 2022, it was reported that Donald Trump lost his bid to block the release of records to the January 6th committee.
Since then, one of the documents that Trump was supposedly attempting to have blocked has been released. I say “supposedly” because I think there is something bigger going on here which I will touch on later. For now, I want to show you what this document is and what it means.
This is what MSN had to say about it:
The first thing I would like to point out is that this is a “Draft Executive Order”. Where have we heard that before?
I’m not saying this is a PEAD. It’s impossible for us to know for sure but this appears to be a genuine draft of an Executive Order and it demands closer examination.
The Draft Executive Order
First let’s check out where the date of this order (December 16, 2020) falls on our timeline from Devolution - Part 16:
Look at the authorities it is drawing upon to issue this draft.
EO 12333: United States Intelligence Activities. I had just discussed this in Devolution - Part 16 because on January 7th, 2021, General Nakasone declassified the DoD Manual S-5240.01-A. More on that again later.
Next is Executive Order 13848, which we have covered extensively throughout the Devolution Series.
Finally, we have NSPM 13 and 21. There is little we know about these but I’ll put forward everything I have found.
NSPM 21 is supposedly related to NSPM 13 according to Politico’s “source” so I have only modest confidence that that is the case. There is no other information out there regarding NSPM 21.
Authority to Conduct Cyber Operations
On March 2nd, of 2020, Honorable Paul C. Ney, Jr., the DOD General Counsel, gave remarks at the U.S. Cyber Command Legal Conference where he made reference to NSPM 13.
This entire speech is fascinating. They were discussing the legal authority the President has to authorize cyber operations in defense of the nation. They even discussed activities related to the election, although it was about influence rather than interference. Noteworthy nonetheless.
So to recap, the first 3 authorities listed on the draft executive order are:
EO 12333: Having to do with intelligence gathering
EO 13848: Having to do with foreign interference in a United States Election
NSPM 13 (and 21): Having to do with military cyber operations
Content of the Executive Order
So let’s look at the actual body of the draft Executive Order and see what it tells us.
Note the date of December 13, 2020 referenced above for Antrim County, Michigan and note where it falls in the timeline from Devolution - Part 16.
The draft order also states there is “evidence of international and foreign interference in the November 3, 2020, election.” The fact that this order was on standby and ready to be issued (and we don’t know for sure it wasn’t), tells me they had evidence of foreign interference. They then go on to list multiple entities with issues:
Lots of familiar names on that list from Devolution - Part 5:
The key takeaway is that the above companies were all “subject to foreign interference in the 2020 election of the United States.”
Here we have specific references to Dominion Voting Systems and their ties to China. The China connection is what I covered in Devolution - Part 16.
The draft order goes on to cite testimony from a federal case:
Here is where we get to the specifics of what Trump was going to do with this draft order.
There are two things that stick out to me from this first section.
This draft order would give the Secretary of Defense (Christopher C. Miller) the discretion to determine the interdiction of election infrastructure.
“…Identified in the operation order.” - Not only is there a draft Executive Order to address foreign interference but somewhere, there is an accompanying operation order as well.
I really want to make sure you understand the significance of this draft Executive Order so let’s do a quick recap.
This order would draw upon authorities from:
EO 12333: United States Intelligence Activities
EO 13848: Foreign Interference in a US Election
NSPM 13 (21): US Cyber Operations Policy
The order itself tells us that there was foreign interference in our elections and even the machines it came from.
The order alludes to involvement from China.
The order allows for the military to step in and “interdict” in our federal elections.
The order tells us there is a separate operation order.
The draft Executive Order is telling us that President Trump received intelligence (EO 12333) that there was foreign interference in our election (13848) and based on the inclusion of NSPM 13. Remember what we know about NSPM 13.
This means that the intelligence that there was foreign interference in our elections would have been gathered in a military operation. It would have been CYBERCOM or the NSA, both of which are headed up by General Nakasone. This again leads me to believe there is something bigger as to why General Nakasone declassified the DoD Manual S-5240.01-A on January 7th, 2021:
This is just one draft order that was released, and I’m still baffled that it actually was. I don’t believe Trump has anything to hide. I’ve had the same mindset as Joe Lange in regard to the SCOTUS ruling allowing the J6 committee access to Trump’s records:
Everything the Democrats have done since Trump left office has boomeranged on them in spectacular fashion. I assumed this SCOTUS decision would be much of the same. I can’t imagine Trump would have left anything in those records that he didn’t want to be made public anyway. So why was this left in there? I don’t think this is a PEAD although I can’t say that with any certainty. Any PEADs that are actually in play and being used would not be subject to the J6 committee jurisdiction, at least that’s my understanding of how things work.
The more important aspect here for us to understand is that there was evidence of foreign interference, and this circumstantially proves our military found it. Another reason I believe it was the military who pulled off the Solarwinds attack.
This draft order lets us into the mindset of Trump. He was doing things behind the scenes to counter the theft. We already knew that based on the timeline laid out in Devolution - Part 16. This draft order was just one of the many options that he could have chosen from.
He chose Devolution.
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This draft order is the declaration of war. It is, of course, not a declaration of actions, although it defines the scope and limits of those actions for the public.
It establishes in sufficient detail the legitimate predicate - the basis for joining conflict - and has now been entered into the public record, in the only way it could have been. It has been revealed 'under protest', and by the actions of his opponents themselves.
It therefore (a) carries their imprimatur, and (b) will be read by the widest possible audience.
I believe this is perhaps the only way that military action within the homeland could have been legitimately initiated without destabilising the constitutional arrangements after that action is completed. Its formal power has been given to it by Trump's (and our) opponents - that it is a draft document is irrelevant.
It is an elegant way to 'park' the Constitution rather than destroying it.
(cf Lincoln / Civil War in some respects.)
Very well written and interesting thoughts regarding Trump's recent "loss". If true you would have to wonder what other interesting documents Trump might intentionally include and what their impact could be.
Still wondering about Chris Miller's emotional thank you and reference to "complex military operations" to Pence.
Good stuff and logically very sound, PP.