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

[Gregg]

Thanks to Gregg and N10 for the Sov Cits Tour Guide Michigan Edition!

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[chancery]

I've yet to find anything that explicates at length the enormities of Judge Cannon's ruling. I'd like to see something written by a team combining seasoned criminal law practitioners with academic specialists in criminal law.

The piece from Lawfare blog linked below is the best I've seen, although it's marred by glibness, and by glossing over some of the important issues. Of the three authors, only one, Natalie Orpett, is a lawyer, fairly young and hardly a leader of the bar. She spent 8 years as an associate at Jenner & Block, where she may have practiced some criminal law, but the only criminal matter in her profile is 5 years as part of a pro bono group representing Guantanamo defendants. She's currently executive editor and deputy in-house counsel of the Lawfare Institute.

Judge Cannon has been taking a bit of a beating all week for her decision. The criticism, some of it vituperative, has contained a lot of falsehoods and a considerable dollop of conspiracy theorizing, and it has often ascribed partisan motive for the ruling.

All of which might under normal circumstances tempt our contrarian hearts to try to defend the opinion.

But Cannon’s opinion actually defies defense. It is an epic mess, one that manages to do violence to a remarkable number of distinct areas of law in an admirable economy of only 24 pages.

The opinion is likely to be short lived—and, as such, might normally not be worth significant comment. As the constitutional scholar Charles Black once wrote, while “the insignificant error, however palpable, can stand, because the convenience of settlement outweighs the discomfort of error[,] the hugely consequential error cannot stand and does not stand.” Whether this opinion will be gone in a week or will take a little longer, it will very likely not stand.

That said, the decision is worth critiquing in depth not just because of its importance to one of the central news stories of the day but also because of the number of its errors, their magnitude, and their capacity for disruption of perhaps the highest-profile national security investigation in American history.

What follows is a brief summary of the four major errors in Cannon’s opinion.

Error #1: The court has no jurisdiction over this matter.

Error #2: A district court has no authority to block a criminal investigation.

Error #3: The ruling is simply incoherent with respect to executive privilege.

Error #4: Normal people don’t get special masters when the FBI executes search warrants against them.

But you should read the whole thing. It makes a number of good points, and I've found nothing better so far.

https://www.lawfareblog.com/everything- ... ons-ruling

[Uninformed]

Thanks; an interesting analysis.

[Chilidog]

i’m kind of hoping that this goes to appeal and an immediate smackdown from the 11th, but i’m not all that sure it’s going to go that way.

[Kendra]

Isn't today the day we get a response from the judge?

[Kendra]

Former President Trump told me this AM that everything he took to Mar-A-Lago was declassified, and that he has done nothing wrong in connection with alternative slates of electors and cannot be indicted as a result. Audio and transcript will post soon.

If I'm not mistaken, they haven't said that in court yet, have they?

[Kendra]

Thread on Trump's Hewitt interview:

TRUMP on Hugh Hewitt's show, says he has not been asked to testify before the Jan. 6 grand jury nor has he received a target letter of any kind.

He says (falsely) that alternate slates of electors are "very common." Besides crackpot submissions, that's not true.

[neonzx]

I'm seeing a familiar theme there.

ROGER STONE DONALD TRUMP DID NOTHING WRONG!!!

[Chilidog]

So, what is the possibility that Christina Bobb is the FBI informant?

[sugar magnolia]

So, what is the possibility that Christina Bobb is the FBI informant?

My WAG is zero. She may be a crappy lawyer but not crappy enough to remain his attorney while also ratting him out to the feds. I can't even begin to imagine the trouble she would be in for that, and I doubt the feebs would even listen to her under those circumstances. But I may be wrong and totally misunderstand how lawyering stuff works.

[raison de arizona]

So, what is the possibility that Christina Bobb is the FBI informant?

Two weeks ago I would have said 100% no, but now that she is looking at some serious exposure

She feels like a true believer though.

[RTH10260]

returning to this post

“developed evidence” - I’m guessing from an FBI agent (or informant) being a guest or on staff - possibly with video of accessing the various areas.

My guess is not on a person, but that the FBI had been looking at timestamps and issue dates of documents that NARA had received from MaL, then they determined that there were gaps on the timeline, infering missing packs of documents. Speculation: after receiving the notification from NARA about classified documents, they may have gotten access to a limited list of documents that were handed out at the former WH but never returned to secure storage.

[chancery]

Isn't today the day we get a response from the judge?

Not exactly. The judge is under no deadline. (Judges are almost never subject to deadlines, although they may occasionally make a non-binding commitment to do something.)

However, the government has said that if the requested relief is not granted by today, it will seek relief from the court of appeals. As a practical matter this puts some pressure on the judge to act, but she could disregard it.

[sugar magnolia]

returning to this post

“developed evidence” - I’m guessing from an FBI agent (or informant) being a guest or on staff - possibly with video of accessing the various areas.

My guess is not on a person, but that the FBI had been looking at timestamps and issue dates of documents that NARA had received from MaL, then they determined that there were gaps on the timeline, infering missing packs of documents. Speculation: after receiving the notification from NARA about classified documents, they may have gotten access to a limited list of documents that were handed out at the former WH but never returned to secure storage.

Seems to me it would just about have to be a real person though, based on the specific locations they were directed to. "Boxes stored in Melania's closet"-type intel doesn't come from just knowing there might be stuff missing based on a list of documents. A list of missing documents would give them an idea of what they're looking for but not specifically where to look for them.

[Chilidog]

Found this on FB



So the DOJ can judge shop themselves.....




https://m.facebook.com/story.php?story_ ... =753523283

[Kendra]

New: Trump's Save America PAC has paid $3m to cover Chris Kise's legal work

[raison de arizona]

*gasp*

Probably double dipping with the GOP to boot, and then the kick backs. He know all the tricks.

[Chilidog]

[RVInit]

Surprised? Not.

[Chilidog]

[Chilidog]

No surprise

[Kendra]

Why is she so favored towards tfg?

[Dave from down under]

Why is she so favored towards tfg?

It's a cult

[Kriselda Gray]

So I presume the DOJ will be appealing now, eh?

I realkly hope her career suffers for her blatant non-professionalism and clear bias. I know it won't happen, but my dream would be to see her impeached. She has no business being a judge.

[chancery]

I realkly hope her career suffers for her blatant non-professionalism and clear bias. I know it won't happen, but my dream would be to see her impeached. She has no business being a judge.

Seriously folks, absent evidence of payment or instructions from MAGA-land to Judge Cannon, it's a category error to think that her execrable decisions could form the basis for an impeachment. If it were otherwise, every federal judge not appointed by a Republican president -- and most Republican appointees not appointed by Trump -- would be impeached, convicted, and removed six months after the next time the Republicans take both houses of Congress.