Trump's Classified Docs Theft: Mar-A-Lago, FBI Subpoenas, Searches & Seizures - DOJ, Garland, GOP Madness - Spy Hard

[chancery]

Filed about five minutes ago.

Going to fix myself a drink and a snack before I start reading it.

Trump's 11th Circuit Appeal Brief.pdf

(474.32 KiB) Downloaded 66 times

Also downloaded Trump's Supplemental Appendix, too big to upload here. Anyone who wants it, or the main Appendix, should shoot me a PM.

[Kendra]

82 pages? Someone please give us a quick dummy version.

[pipistrelle]

And if I had checked the Fogbow Calendar on Tuesday, I wouldn't have wasted 40 or 50 cents checking the docket for Trump's brief. Didn't figure it out until 11:00 pm or so.

Spent another 20 cents, just now; not filed yet.

Do you need a GoFundMe?

[Dave from down under]

82 pages? Someone please give us a quick dummy version.

Donnie get's to decide what records are Presidential and what are Private - no one else gets a say so stop pestering the best eva prez eva... etc

[SlimSloSlider]

TY
Kise is being absurd here.
The 11th will tell Cannon take a hike in any case.
And Donny Two Times will run to Clarence.

[Gregg]

82 pages? Someone please give us a quick dummy version.

Donnie get's to decide what records are Presidential and what are Private - no one else gets a say so stop pestering the best eva prez eva... etc

So, "Absolute Immunity Doctrine" (not a real thing), for the win?

[RVInit]

Talking to you, AG Garland.

If it’s true that Garland is considering a “special counsel”, it’s time for me to just admit what I have been afraid of all along. Garland doesn’t have the stomach, desire, or any fucken intention whatsoever to bring any charge against the Orange Pustule. He’s just going to run out the clock until we are too close to the 2024 election. Why the fuck does he need a special counsel to hold the fuckwad accountable to the same crimes other people are indicted for without a freaking special counsel. For crying out loud, that man is just lame.

[Gregg]

I also would like to know where to file my motion that:

Forever more He shall be known as "The Most Impeached Public Official in United States History".

So sayeth one, so sayeth we all...

for ever and ever, Amen Nunc de dunk, Pizza Pizza

[p0rtia]

82 pages? Someone please give us a quick dummy version.

Everything Cannon did was right, especially that equity thingy.

NARA was very not nice.

The docs are presumptively TFG's docs.

TFG needs the docs because they're his docs. (seriously)

11th circuit needs to butt out.

[Kendra]

82 pages? Someone please give us a quick dummy version.

Everything Cannon did was right, especially that equity thingy.

NARA was very not nice.

The docs are presumptively TFG's docs.

TFG needs the docs because they're his docs. (seriously)

11th circuit needs to butt out.

TY

[p0rtia]

82 pages? Someone please give us a quick dummy version.

Everything Cannon did was right, especially that equity thingy.

NARA was very not nice.

The docs are presumptively TFG's docs.

TFG needs the docs because they're his docs. (seriously)

11th circuit needs to butt out.

TY

PS: The words "top" and "secret" do not appear in the document.

PPS: "The Government again presupposes the documents bearing
classification markings are, in fact, classified."

PPPS: (Loving the tortured language in this excerpt, which contains the only references to "declassification" in the doc--and not that nobody is even now saying that TFG _did_ declassify the docs). "The Executive Order which controlled during President Trump’s term designates the President as an original classification authority, see Exec. Order 13526 § 1.3(a)(1) (Dec. 29, 2009), and grants authority to declassify information to either the official who originally classified the information or that individual’s supervisors—necessarily including the President. Yet, the Government contends President Trump, who had unfettered authority to declassify documents, willfully retained classified information in violation of the law."

Shame on the government for willfully assuming that docs were classified just because they were marked classified, and in the resounding absence of anyone saying anything different. Harrumph!

[chancery]

82 pages? Someone please give us a quick dummy version.

Everything Cannon did was right, especially that equity thingy.

NARA was very not nice.

The docs are presumptively TFG's docs.

TFG needs the docs because they're his docs. (seriously)

11th circuit needs to butt out.

That's pretty much it. Just adding a couple of nuggets.

Any document that Trump took was a personal record, because by the act of taking it Trump exercised his unreviewable presidential power to designate any record as "personal." See p. 18 n.6 ("President Trump’s decision to retain certain records as “personal” and to not provide same to the Archives at the end of his presidency constitutes a demonstrable, and effective, exercise of his discretion under the PRA to categorize those records.")

There's no discussion at all about the principle that district courts shouldn't intrude on criminal investigations. It's clear why they didn't bother: "It is simply untenable to conclude any President may be subject to a criminal charge for exercising the unfettered rights set forth in the PRA to categorize certain documents as 'personal' during that President’s term of office." Brief p. 22.

In effect, "nyah, nyah, the law can't touch me." It's revolting.

[John Thomas8]

In effect, "nyah, nyah, the law can't touch me." It's revolting.

They can't touch him. There's 0.0 reasons he's not in a holding cell somewhere.

Laws don't apply to to the rich, or congresscritters what should have been ejected with the 14th Amendment.

The orange one will die before it gets to a jail cell. Or pay out any restitution.

[Dave from down under]

Laws apply only to the little people.. the peons.. the great unwashed...

[Chilidog]

Wasn't there also supposed to be something filed with Dearie today?

[Greatgrey]

Wasn't there also supposed to be something filed with Dearie today?

They finally got around to it.

https://storage.courtlistener.com/recap ... 75.1_2.pdf

[RTH10260]

What's wrong with Dearie getting an expert opinion? It's not formally ex parte (imho) the case is Trump vs DOJ, NARA is not a named party.



ETA. also too, Dearie is a Special Master, the Loose Cannon court is where there potentially be ex parte stuff, imho of course (IANAL etc disclaimer)

[Ben-Prime]

I also would like to know where to file my motion that:

Forever more He shall be known as "The Most Impeached Public Official in United States History".

So sayeth one, so sayeth we all...

for ever and ever, Amen Nunc de dunk, Pizza Pizza

Can we just call him MIPO as the new abbreviation?

[Slim Cognito]

Hubs just called him the Orange Skunk Ape so we're going with that one around here. But it's all good.

(Skunk ape is the Floriduh version of Big Foot)

[Ben-Prime]

(Skunk ape is the Floriduh version of Big Foot)

Amusingly, a friend of mine who was raised in Labelle Lake City used to describe Skunk Ape as "Sasquatch trying to become a New York Post 'Florida Man' Headline'" So the vibe is legit.

Edited to fix which friend it was. I misattributed to the wrong guy. Shame on me. Labelle friend would be both disappointed that he didn't think of it first and that I got it wrong since he's my main challenger in pedantry.

[jcolvin2]

If it’s true that Garland is considering a “special counsel”, it’s time for me to just admit what I have been afraid of all along. Garland doesn’t have the stomach, desire, or any fucken intention whatsoever to bring any charge against the Orange Pustule. He’s just going to run out the clock until we are too close to the 2024 election. Why the fuck does he need a special counsel to hold the fuckwad accountable to the same crimes other people are indicted for without a freaking special counsel. For crying out loud, that man is just lame.

Maybe part of the calculus is that the prosecution - with pre trial appeals to the Circuit and perhaps to SCOTUS - could last more than two years. Garland may want to try and insulate the prosecution against a Republican AG simply dismissing in January of 2025. This is the route Barr took in appointing Durham.

[Foggy]

Well, we know the final brief in the appeal (the Reply brief) is due from the DOJ next Thursday, the 17th.

And based on the expedited nature of this appeal, I'm going to predict a published decision by the end of the month, in favor of the United States government and against the stinkin' thief with the orange head.

Which would remove any impediment to indicting the mofo, in theory at least.

Maybe we'll see some action after that.

[RVInit]

If it’s true that Garland is considering a “special counsel”, it’s time for me to just admit what I have been afraid of all along. Garland doesn’t have the stomach, desire, or any fucken intention whatsoever to bring any charge against the Orange Pustule. He’s just going to run out the clock until we are too close to the 2024 election. Why the fuck does he need a special counsel to hold the fuckwad accountable to the same crimes other people are indicted for without a freaking special counsel. For crying out loud, that man is just lame.

Maybe part of the calculus is that the prosecution - with pre trial appeals to the Circuit and perhaps to SCOTUS - could last more than two years. Garland may want to try and insulate the prosecution against a Republican AG simply dismissing in January of 2025. This is the route Barr took in appointing Durham.

Then he learned nothing from Mueller, whose hands were tied and then his report was “interpreted “ for the masses.

This is exactly what may happen with any special counsel with any Rethuglucan in the White House. Unless Faux Spews can destroy Trump badly enough to disengage the cult.

[chancery]

Emptywheel has jumped on the latest government letter in the Special Master proceeding. Note that, while emptywheel has a formidable familiarity with the details of this litigation, her understanding and conclusions are frequently off-base.

https://twitter.com/emptywheel/status/1 ... 5033320449

DOJ released a doc in the stolen documents case that explained the disputes so far.

https://storage.courtlistener.com/recap ... .176.1.pdf

Here's the basis of key disputes.

For purposes of the yellow-highlighted Disputes, the Special Master will see that three issues account for the overwhelming majority of disputes. From the government’s perspective, the three conceptual issues are:
1. Annotations. – Books, magazine articles, and newspaper clippings with markings are original Presidential records.
2. Thank you notes for presidential acts or events. – Thank you notes reflecting gratitude for acts taken in the course of official duties are Presidential records.
3. Briefing book compilations with indexes. – Briefing material and other work product prepared by presidential staff for the President are Presidential records.

The annotated clippings will be really interesting for posterity. (An annotated NYT op-ed was a key exhibit in the Scooter Libby case.)

The briefing books could be REALLY interesting and obviously presidential.

The most interesting bit is this. First, I had been wondering how they accounted for classified docs (it's clear there are place-holders for all the stolen classified docs in the leatherbound box in the inventory). Here's how: cover sheets.

SM_MAL_00001185 to SM_MAL_00001195 excluding SM_MAL_00001190
This document is a compilation that includes three documents that post-date Plaintiff’s term in office and two classified cover sheets, one SECRET and the other CONFIDENTIAL. Because Plaintiff can only have received the documents bearing classification markings in his capacity as President, the entire mixed document is a Presidential record.
Besides the classified cover sheets, which were inserted by the FBI in lieu of the actual documents, none of the remaining communications in the document are confidential presidential communications that might be subject to a claim of executive privilege. Three communications are from a book author, a religious leader, and a pollster. The first two cannot be characterized as presidential advisers and all three are either dated or by content occurred after Plaintiff’s administration ended.

But this "compilation" -- 10 pages including communications from a book author, a religious leader, and a pollster, interspersed with a confidential and a secret doc? It was in his desk drawer.

So someone packaged up 2 classified docs with ... maybe election denial stuff?

[chancery]

I've been waiting for Judge Cannon to unseal the redacted versions of the parties' briefs on global privilege issues in the Special Master proceeding. I was worried that the Judge, anticipating a strong Special Master report in favor of the government, was cooking up some preemptive mischief that would limit the scope of the Special Master's report.

Docket 177 filed by the government suggests that the delay is due to court closures, although it's clear that the government is nudging the judge to hurry up.

https://storage.courtlistener.com/recap ... 77.0_2.pdf

On November 9, 2022, the parties filed under seal their Joint Motion to Unseal Redacted Global Issues Briefs (Dkt. Nos. 171 and 173) [ECF 174]. Since the filing of this motion, the Court has been closed due to Hurricane Nicole and the federal holiday. Understandably, the Court has not yet ruled on the parties’ unsealing motion. If the Court grants the motion to unseal, the government will promptly file publicly its Response Brief to the Special Master on Global Issues.