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

[Greatgrey]

Ummm… this seems premature, given the DOJ hasn’t had a chance to respond, and from my IANAL reading of the Supplemental filing and FRCP 4(i) the DOJ still hasn’t been properly served.

https://storage.courtlistener.com/recap ... 3.29.0.pdf

38C60B1B-8A9D-4C08-B674-4F3E0AC1780B.jpeg (333.35 KiB) Viewed 968 times

And, the Judge has just given the DOJ 5 days to respond (Sept 1), when the summons that was finally effected gives them 21 days. https://storage.courtlistener.com/recap ... 3.26.0.pdf

[chancery]

In fairness to the lawyers I maligned earlier, why not phone it in when "I've almost served the defendants and my feels say you have jurisdiction" is good enough to get a Trump-appointed judge to say, on paper, "yeah, I'll probably rule in your favor?

Seriously, what the fuck is law even anymore?

I checked the docket, by the way.

The court has ordered the government to respond to the filings by the 30th, notwithstanding the fact that no proof of service - or TRO motion - or, technically, complaint has been filed.

[Greatgrey]

[Luke]

These crazy T**** judges are menaces. So many were rated unqualified by the ABA, didn't check this one. There is fire over this:

Eric Columbus @EricColumbus Replying to @steve_vladeck
Notably the judge is not, at this point, enjoining DOJ from reviewing the documents or sharing them with other agencies.
5:58 PM · Aug 27, 2022·Twitter Web App

emptywheel @emptywheel 33m
Replying to @EricColumbus and @steve_vladeck
She would have a hard time doing that. They haven't been served yet.

Josh Gerstein @joshgerstein 26m
TROs are issued all the time before formal service. Feds have had informal service for five days.

emptywheel @emptywheel 24m
Where is the TRO? Or even the request?

Josh Gerstein @joshgerstein 21m
Well, that's what she keeps asking. There was a request for an injunction in both the original filing and last night's. Granted it wasn't in the form lawyers typically file such a thing. But it wasn't even filed as a lawsuit, so who knows what is going on?

Will Brockman @WillBrockman2 19m
Well, yeah. This is not at all comparable to an ordinary civil suit, even one brought on an emergency basis.
Quote Tweet Will Brockman @WillBrockman2 · 21m
Replying to @emptywheel @joshgerstein and 2 others
They have had Rule 5 service of papers, not Rule 4 service of original process.
There is no TRO, nor even a motion supported by sworn declarations showing entitlement to relief under Rule 65.

Will Brockman @WillBrockman2 15m
Rule 65 allows a court to act on a TRO motion ex parte, and courts sometimes do so before service of the summons and complaint is accomplished, but that is in cases filed with some urgency, not on Day 19.

Will Brockman @WillBrockman2 14m
There is no reason to depart from the requirement that a civil action be initiated by filing and service of a COMPLAINT.
You want a TRO? Make it a verified complaint or file a separate accompanying motion.

It's in this Twitter back and forth.

[Kendra]

This raises all kinds of questions:

-What kind of clearance would a special master need to have?
-Can Trump’s un-cleared lawyers review the material?
-How much detail does DOJ have to provide?
-Can DOJ keep reviewing the material before final order?

[pipistrelle]

She going to appoint Michael Flynn "special master" or what?

[Kendra]

Davidson says Trump declassified the records, Trump doesn’t know everything in the boxes which he declassified, and the boxes were not connected to the internet

Davidson: I don’t think the President’s residence is unsecure..

[much ado]

This raises all kinds of questions:

-What kind of clearance would a special master need to have?
-Can Trump’s un-cleared lawyers review the material?
-How much detail does DOJ have to provide?
-Can DOJ keep reviewing the material before final order?

Well IANAL, but if a document is labeled "classified", then it is a government document and belongs to the U.S. government. It does not need to be returned to Trump. So a special master does not need to know the contents of a classified document. Is that not correct?

The only documents that require review are those that are not classified and that may contain privileged communication between Trump and a PERSONAL lawyer. Communications between Trump and a government lawyer can also be kept by the government and need not be returned.

Am I missing something?

[RTH10260]

https:// twitter.com/Acyn/status/1563657644988055552

Davidson: I don’t think the President’s residence is unsecure..

Except no member of the MaL club are ever security screened, nor are any of their guests. The tunnel system where the alleged secure storage is located is not restricted, open for people to move between the various facilities.

[RTH10260]

Funny, a judge making request even before service of the case is confirmed.
Funny, a judge not waiting for the attorneys of the other party making their formal appearance. Who does she expect to answer.
While this is a aministrative case, not civil, not criminal (correct?), it's my guess that there is a formal first step to request dismissal of the case?

What are the chances that the DOJ will ask for her recusal?

Who is the supervisory body over this judge? Once the case is closed I would expect some diciplinary consequences to follow.

[raison de arizona]

https:// twitter.com/Acyn/status/1563657644988055552

Davidson: I don’t think the President’s residence is unsecure..

Except no member of the MaL club are ever security screened, nor are any of their guests. The tunnel system where the alleged secure storage is located is not restricted, open for people to move between the various facilities.

Well, they put a lock on the door so it is OK.

[RTH10260]

"They" = a janitor put something up. I refer to Youtube and the Lockpicking Lawyer and his opinion on padlocks

[Shizzle Popped]

Not taking things well.

Donald Trump Jr. posted a picture on Instagram of his father with the caption “Redact this,” and a black box over his crotch.

This is just really weird. What son posts sexual innuendo about their own father’s penis? Is this the grooming they keep talking about?

Who is he trying to kid with that redaction? It doesn’t take that much ink to cover up a tiny mushroom.

I'm afraid you are all wrong.... the coverage is from the stain from a leak in a set of defective Depends.....

I was thinking that the redaction should have been very short and mushroom shaped.

[MN-Skeptic]

The motion Trump's lawyers filed on Friday requests "the Government to return any item seized pursuant to the Search Warrant that was not within the scope of the Search Warrant."

There's talk in that motion about documents covered by privilege. What Trump fails to understand is that privilege in this case refers to attorney/client privilege. Trump believes that any document created while he was president is magically covered by Executive Privilege and so belongs to him personally. The DOJ will return any attorney/client documents. They, however, will retain documents belonging to the government and that includes anything created by Trump while he was filling that position.

[raison de arizona]

Just to be super clear about this, I looked again at the docket in Trump’s special master proceeding. It has:
-no complaint
-no TRO or other ex parte motion
-no proof of service on the defendant
-no appearance by any lawyer representing the defendant

But there’s an order from the judge advising the “parties” that the court intends to rule for the plaintiff. It’s redonkulous.

Someone in the comments found a pic of tfg's preferred special master, quite the dapper gentleman:

► Show Spoiler

[raison de arizona]

I deleted a prior tweet about where President Trump filed his motion for a special master because it appears that the matter was *randomly* assigned to Judge Cannon from West Palm Beach — even though (1) she sits in Fort Pierce; and (2) the duty judge for WPB is Judge Rosenberg.

https://twitter.com/cm_ecf/status/1563652611605135361

CM ECF has an audit trail for assignments. If this case was actually assigned randomly the clerk’s office can show that through the audit. My guess is they Judge Shopped it by having a Clerk direct assign the assignment 1/2

Or randomly assign and delete until they got the assignment they wanted. Whole thing is available via audit. I’d pull it if I was DOJ. I was in charge of CM/ECF assignments in another district and saw this happen. 2/2

[Greatgrey]

I was thinking that the redaction should have been very short and mushroom shaped.

► Show Spoiler

54303226-F9AD-4199-A336-8166ED8960D7.jpeg (23.34 KiB) Viewed 748 times

[Greatgrey]

No, she hasn’t taken over the case.

[Slim Cognito]

What kind of bonafides did this judge have before trump nominated her? Was she qualified?

[raison de arizona]

What kind of bonafides did this judge have before trump nominated her? Was she qualified?

Cannon was an assistant United States attorney, serving in the appellate section's criminal division, in the U.S. Attorney's Office for the Southern District of Florida from 2013 to 2020.

The American Bar Association rated Cannon qualified by a substantial majority and well qualified by a minority for the position.

https://ballotpedia.org/Aileen_Cannon
She's, of course, a member of The Federalist Society.

[bob]

Who is the supervisory body over this judge? Once the case is closed I would expect some diciplinary consequences to follow.

This judge won't be disciplined.

1. Judges are disciplined for misconduct. Bad, dumb rulings rarely are the bases for discipline (yet are the bases for many misconduct complaints). If you don't like a judge's ruling, you appeal it; you don't file a misconduct claim.

2. Federal judges generally are disciplined by the circuit court in which they reside. Florida is in the 11th Circuit. A majority of its active circuit judges were nominated by ... TFG.

[Luke]

HG Tomato @HGTomato
Replying to @nycsouthpaw

You know who else failed to perfect service?

Orly!

“This Court exercised extreme patience when Taitz endangered this case being heard at all by failing to properly file and serve the complaint upon Defendants..."

LOL birthers.

https://politico.com/pdf/PPM145_birtherrlg.pdf

[Luke]

Stormy Daniels is trending on Twitter for some reason and these tweets came up... heck, it's Sat night and we all can use laughs at the dotard's expense.

Pecker Leaking.JPG (83.18 KiB) Viewed 616 times

Jenna Stormy.JPG (73.15 KiB) Viewed 616 times

[jez]

Here is my question regarding the taint team and privileged communication between lawyer and client.

I think I understand the basic premise that all communications between lawyers and client are privileged with some notable exceptions. Criming by either party is one. I also believe that if an uninvolved person is present, that this also fouls privilege.

I would have to assume that any written correspondence between tfg's counsel and him would be emblazoned with something like, "PRIVILEGED COMMUNICATION BETWEEN LAWYER AND CLIENT." On the other hand if a letter from counsel omits this heading then it is not subject to privilege.

Which government lawyers are the lawyers for tfg? The AG and his staff? The Solicitor General? White House counsel? Is communication privileged from all government lawyers--even some low-level advisory counsel for the USDA (as an extreme example).

I presume that Roodles, Squidney, Eastman Kodak, Ellis, Habbibi, and the rest are his lawyers even if someone else pays their fees.

Finally, if I am correct regarding the loss of privilege if a stranger is privy to discussions between lawyer and client, does this principle extend to written communications that tfg keeps affixed with a magnet to his refrigerator so that anyone in the kitchen can see it when they have a midnight snack?

How do we know that tfg kept all privileged communications private and not out in the open?

The talking heads on the teevee need to explain this lawyer-client privilege thingy more better to us plebs.

This video by Legal Eagle does a really good job of explaining Privilege, both Attorney/Client and Executive. Starts at 8:45.

[Kendra]

OMG, that old one with Nicolle Wallace

Good times.