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

[RTH10260]

The district court repeated its error of privileging the former President when
it denied the Government’s motion for a stay. In a final section called “Relevant
Principles,” the court asserted that “the principles of equity require” it to consider
“the position formerly held by Plaintiff.” ECF No. 89 at 9–10. The court did not
explain what that statement meant, but whatever the court intended to imply, the
assertion is wrong.
“Principles of equity” require that citizens be treated equally under the law.
The district court’s analysis, which gave greater weight to the reputation of a
former President than to the reputation of any other citizen, and greater weight to
that personal reputation than to national security concerns, is fundamentally
inconsistent with the basic tenets of U.S. law

[sugar magnolia]

Hopefully, this time someone will actually read and accept this amicus brief. They submitted it to Cannon and were denied.

[much ado]

Hopefully, this time someone will actually read and accept this amicus brief. They submitted it to Cannon and were denied.

Really?!

[sugar magnolia]

Hopefully, this time someone will actually read and accept this amicus brief. They submitted it to Cannon and were denied.

Really?!

https://lawandcrime.com/high-profile/ju ... rticipate/

[much ado]

Hopefully, this time someone will actually read and accept this amicus brief. They submitted it to Cannon and were denied.

Really?!

https://lawandcrime.com/high-profile/ju ... rticipate/

I have a hunch it may be accepted by the 11th Circuit.

ETA: Does the fact that the brief has appeared on the docket mean that the Court has accepted it? Or does the Court have to file a motion in response to formally accept it?

[raison de arizona]

Unlike Judge Cannon, the special master Judge Dearie will allow reporters to dial in to tomorrow’s hearing in what’s now being called Trump v. United States (even though the anomalous civil proceeding still lacks a complaint, harumph).

[Gregg]

Unless it's already come up due to the time zone difference (I sleep while y'all are busiest, it seems), Axios has a supposition about this that Dearie is believed from his time on the FISA court to be 'suspicious' of the FBI.

Oh boy.

Honestly, that's what prompted Trump’s lawyers to pick him?

Gosh, so he's capable of deciding whether the FBI did a good job here or not. He's gonna be furious that the agents didn't take off their shoes while they were ransacking Trump's personal bedroom, my god the horror, the very horror!

Or maybe he can also tell when the FBI is doing what it is supposed to do, and maybe he understands how fucking dangerous it is for Trump to have any classified documents at all.



I think that's the dumbest supposition on record. Unbelievable. Surreal.

These are not people on my short list to win the Nobel Prize for Physics.

[Slarti the White]

Unless it's already come up due to the time zone difference (I sleep while y'all are busiest, it seems), Axios has a supposition about this that Dearie is believed from his time on the FISA court to be 'suspicious' of the FBI.

Oh boy.

Honestly, that's what prompted Trump’s lawyers to pick him?

Gosh, so he's capable of deciding whether the FBI did a good job here or not. He's gonna be furious that the agents didn't take off their shoes while they were ransacking Trump's personal bedroom, my god the horror, the very horror!

Or maybe he can also tell when the FBI is doing what it is supposed to do, and maybe he understands how fucking dangerous it is for Trump to have any classified documents at all.



I think that's the dumbest supposition on record. Unbelievable. Surreal.

It might be the dumbest supposition on record (or even possible) -- and I find your reasoning to that point compelling -- but (too. also.) it is also a very plausible reason why Trump (or whomever picked him -- I don't think Trump came up with candidates himself) would have chosen him. Both Trump and those in his inner circle necessarily live in a world where personal loyalty is first and foremost and there is no nuance or shades of gray. I think it quite likely that the idea that Dearie could be both distrustful of the FBI and rule impartially despite that is one that simply won't fit into their brainbones.

just my $0.019999999...

[Gregg]

I think they chose the oldest guy they could find hoping his possible infirmity or impending death would slow the process down.

I said it...

[much ado]

I think they chose the oldest guy they could find hoping his possible infirmity or impending death would slow the process down.

I said it...

Good luck with that.

[Foggy]

There are so many things Judge Dearie could do, but I'd like to see him say, "Y'know, the FBI filter team already went through everything and pulled out the attorney/client privileged documents, and Trump has no legal basis for any claim of executive privilege with regard to documents owned by the government. This assignment is stupid, and I have serious actual work to do. I'm finished here and I'll send a report to the whack-a-loon down in Floriduh."

That's, of course, what is not going to happen. Be nice, though.

[Kendra]

NEW: The DoJ has sent a letter to Special Master Judge Dearie about the document review saying "Master WILL NOT review the documents with classification markings. If the 11th circuit does NOT stay their review, DoJ will propose a way forward."

The DOJ also attached a protective order they plan to file tomorrow with Judge Cannon. It says no one can use these documents for ANYTHING other than this case, AND it says the classified docs aren't covered because the appeal for a stay is still with the 11th circuit.

I'm just guessing here, but these documents must be even hotter than we even imagined.

[chancery]

Really?!

https://lawandcrime.com/high-profile/ju ... rticipate/

I have a hunch it may be accepted by the 11th Circuit.

ETA: Does the fact that the brief has appeared on the docket mean that the Court has accepted it? Or does the Court have to file a motion in response to formally accept it?

Courtlistener's 11th Circuit docket hasn't updated for a few days, and docket searching for cases in the federal courts of appeals is expensive, confusing, and a pain in the butt. So I'm speculating.

However, I'm pretty sure that the brief amicus curiae of the former prosecutors was accompanied by a motion for leave to file it. And, since amicus briefs are commonly accepted in appellate courts, contra retired Judge Posner, I agree with much ado that the 11th Circuit will grant leave.

Rule 29 of the Federal Rules of Civil Procedure provides:

The United States or its officer or agency or a state may file an amicus brief without the consent of the parties or leave of court. Any other amicus curiae may file a brief only by leave of court or if the brief states that all parties have consented to its filing ....

It's routine in Supreme Court cases for parties to stipulate to unlimited amicus briefs. I dunno how common such stipulations are in the courts of appeal, and I ... I don't know if Trump and the government would agree to such a stipulation in this appeal. There's not much love lost. OTOH, it's a calculation of interest, not a question of courtesy.

[Maybenaut]

Really?!

https://lawandcrime.com/high-profile/ju ... rticipate/

I have a hunch it may be accepted by the 11th Circuit.

ETA: Does the fact that the brief has appeared on the docket mean that the Court has accepted it? Or does the Court have to file a motion in response to formally accept it?

It would have been unusual if the amicus brief had been accepted by yhe trial court. But it’s *not* unusual for it to be accepted by an appellate court. So there’s nothing unusual about any of this, IMO.

The fact that it has shown up on the docket means only that it’s been filed. The court will issue an order granting or denying amicus’ motion to appear and file the brief.

Ninja’d by chancery…

[Slarti the White]

NEW: The DoJ has sent a letter to Special Master Judge Dearie about the document review saying "Master WILL NOT review the documents with classification markings. If the 11th circuit does NOT stay their review, DoJ will propose a way forward."

The DOJ also attached a protective order they plan to file tomorrow with Judge Cannon. It says no one can use these documents for ANYTHING other than this case, AND it says the classified docs aren't covered because the appeal for a stay is still with the 11th circuit.

I'm just guessing here, but these documents must be even hotter than we even imagined.

Or the DoJ is making sure that they quash a precedent that would be detrimental to nationable security. Either way, it seems pretty clear that the gloves are coming off and that the DoJ already "foiled up" before the game...

[Slim Cognito]

Am I reading this right? trump doesn't want to prove he declassified everything because it will be his defense if indicted?

[Foggy]

Called it. Or maybe not, won't know for sure until I see it in writing.

But it's looking as though it's possible that I might have called it. Or not, as the case may be.

I'm also fantasizing that Judge Dearie orders Trump to submit an affidavit under penalty of perjury detailing exactly which documents he claims he declassified, and what process he used to declassify them. That would really help him do the job as special master, yesno?

[chancery]

Called it. Or maybe not, won't know for sure until I see it in writing.

But it's looking as though it's possible that I might have called it. Or not, as the case may be.

[Dave from down under]

[Slarti the White]

Am I reading this right? trump doesn't want to prove he declassified everything because it will be his defense if indicted?

It sounds like the slippery slope Trump's defenders were standing on might have just become a sheer cliff.

Any "conspiracy"-type argument depends on dancing -- avoiding getting pinned down on the specifics of any one issue, "just asking questions", and speculating about possibilities without making statements. The problem with that is that once a single effective blow is landed and a vulnerability is exposed, the whole argument falls apart. Kind of like the Klingon Bird of Prey at the end of Star Trek: The Undiscovered Country -- once they hit it with one photon torpedo, it was a sitting duck.

In any case, this is a beautiful Morton's fork: If the documents are classified, they are not under the Special Master's purview (and cannot possibly be the property of Trump), but if they were declassified, Trump has to explain what was declassified, why it was declassified, and how that was accomplished to the Special Master so he knows what he can look at and rule on.

I'm starting to believe that Trump won't be able to weasel his way out of this one...

[RTH10260]

https://twitter.com/kyledcheney/status/ ... 8318310402


Am I reading this right? trump doesn't want to prove he declassified everything because it will be his defense if indicted?

[raison de arizona]

So now he refuses to even say if he declassified them or what? Doesn't Dearie just have to accept the government's contention that the documents are classified at this point? Or is Loose Cannon going to continue the charade?

[Slim Cognito]

Works for me.

[Kendra]

TO RECAP: Trump demanded a special master and won. He asked for Raymond Dearie and won. Now his legal team is upset that Dearie is asking for evidence of what he claims to have declassified and is setting aggressive deadlines.

So, he wanted a special master, but now he is saying if he complies with the special master’s request he could incriminate himself and get indicted.

Another genius legal move by the master strategist Donald J. Trump. And he can’t fire the special master like a cabinet member!

[Slim Cognito]

trump: I have absolute power to declassify anything with the wave of my hand!!!

Dearie: Ok, so let me know what you declassified and why.

trump: uuuuuuuhhhhhhhhh........