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

[Kendra]

https://www.msn.com/en-us/news/politics ... b67b&ei=14

Donald Trump is set to sue the Justice Department for $100 million over the classified documents raid on his Mar-a-Lago estate, according to reports.

Trump's lawyers wrote in a legal memo, obtained by Fox News, that the raid showed a "clear intent to engage in political persecution" and also "tortious conduct by the United States against President Trump."

The FBI's raid on Mar-a-Lago took place on August 8, 2022, and hundreds of pages of classified documents were removed.

As a result, Special Counsel Jack Smith indicted Trump on 37 felony counts, including willful retention of national defense information, conspiracy to obstruct justice, and false statements. Trump pleaded not guilty to all counts.

Does this mean Jack Smith and team get discovery?

[RTH10260]

Question: can tehy already sue while the government appeal is pending?

[bob]

Question: can tehy already sue while the government appeal is pending?

The usual disclaimers about "can": in America, lawsuits are tweets with a filing fee.

Claims involving malicious prosecution and abuse of process are about whether there was sufficient law and facts to support to the prosecution.

But, to get to the "malicious" and "abuse" parts, that will be very difficult to prove in light of attorney-client and work-product privileges. Which the government will assert because the appeal is pending.

This is just meat for the base, as the government likely won't even file its motion to dismiss until after election.

[Rolodex]

I hear "one hundred million dollars" in Dr Evil's voice, with the back side of my pinkie to my lips.

This would be a good time for sharks with frickin' laser beams.

[zekeb]

$100 million. That's less than one fourth of the NY judgement against him.

[bob]

Too also: Assuming this lawsuit is filed and survives a motion to dismiss, it'll go to discovery.

Think of the depositions, interrogatories, requests for admission, etc., the government would demand of him. And every "FIFTH AMENDMENT!" answer will help sink this lawsuit.

Doubly so if Habba is anywhere near it.

[MN-Skeptic]

Lisa Rubin has a tweet thread about the filing starting here -

Lisa Rubin
@lawofruby

As @JoyceWhiteVance notes, a civil suit like this would allow discovery on both sides. And one thing DOJ would get to find out is whether Trump himself (or any business he owns) paid his alleged $15 million in legal fees incurred in defending against the Mar-a-Lago case, or whether, for example, his leadership PAC, Save America, actually assumed those costs for him through the generosity of his donors.

But the actual filing of any lawsuit likely is a long way off. In order to sue the federal government for civil damages, claimants must use the procedures laid out in the Federal Tort Claims Act--and by sending DOJ a notice of claim, that's what Trump is doing here. 2/

That statute expressly provides that a claimant must first present the affected federal agency with notice of his claims (as Trump has now done) and await final resolution before proceeding to court. 3/

The only exception to that rule is when -- as could happen here -- the agency does not provide a final disposition six months after the claims are presented. In other words, if DOJ doesn't respond for six months, then Trump can file a complaint in federal court. 4/

Even putting the substance of his alleged claims aside, there are reasons to be dubious about this lawsuit-in-waiting. Let's start with his claim for compensatory damages. 5/

Trump claims he is owed $15 million "due to his legal costs in defending the Special Counsel proceedings before
the U.S. District Court for the Southern District of Florida." But whose legal costs were they? His or those of his leadership PAC, Save America? 6/

Another potential issue, as flagged by my colleague @Jordan_S_Rubin
? The Federal Tort Claims Act expressly disallows punitive damages. It's not clear to me how Trump gets around that re: his claimed $100 million in punitives, although I am happy to be educated. FIN.

p.s. You might be asking why Trump has served this notice on DOJ now. It's because a claimant has two years "from the date the claim accrued" to present it to the agency that allegedly caused the damages.

p.p.s. Because the MAL search occurred on 8/8/2022, Trump seems to have served his notice on DOJ last week; it is dated 8/7/24.

Link to the filing - https://www.documentcloud.org/documents ... ice_8-2024

[Maybenaut]

OFFS.

From the attachment to the SF-95:

The actions by Garland and Wray were not discretionary but required as a matter of procedure and under the Constitution. Garland and Wray should have never approved a raid and subsequent indictment of President Trump because the well-established protocol with former U.S. presidents is to use non-enforcement means to obtain records of the United States. But notwithstanding the fact that the raid should have never occurred, Garland and Wray should have ensured their agents sought consent from President Trump, notified his lawyers, and sought cooperation. Garland

How many chances did they give him to turn the records over? And how many times did they say they had already complied?

[bob]

OFFS.

From the attachment to the SF-95:

The actions by Garland and Wray were not discretionary but required as a matter of procedure and under the Constitution. Garland and Wray should have never approved a raid and subsequent indictment of President Trump because the well-established protocol with former U.S. presidents is to use non-enforcement means to obtain records of the United States. But notwithstanding the fact that the raid should have never occurred, Garland and Wray should have ensured their agents sought consent from President Trump, notified his lawyers, and sought cooperation. Garland

How many chances did they give him to turn the records over? And how many times did they say they had already complied?

Later, they complain Garland should have anticipated the executive-immunity decision.

[RVInit]

They asked "pretty please" for more than a year and a half, so I think they probably satisfied the time honored tradition of asking nicely.

Also, no other former President left the White House with hundreds of classified and national security documents and refused to give them back after more than 18 months of playing nice.

[Rolodex]

No wonder he has $15 million in legal fees. These lawyers giggle through writing up these motions and laugh all the way to the bank.

[realist]

Too also: Assuming this lawsuit is filed and survives a motion to dismiss, it'll go to discovery.

Think of the depositions, interrogatories, requests for admission, etc., the government would demand of him. And every "FIFTH AMENDMENT!" answer will help sink this lawsuit.

Doubly so if Habba is anywhere near it.

An SECR’s dream.

[Foggy]

Off Topic

It's been a hundred years, and I am still SO SORRY I ever used that term. I hate that it's in the lexicon, but if you can have a sense of humor about it, I guess I don't need to self-immolate quite yet.

[RTH10260]

BREAKING: Big ruling signals bad news for Trump's Florida trial

Brian Tyler Cohen
24 Aug 2024 The Legal Breakdown with Glenn Kirschner

The Legal Breakdown episode 358: ‪@GlennKirschner2‬ discusses a ruling that may impact Trump's Florida trial.

[Ben-Prime]

Jacko has filed his appeal of the dismissal.

WaPo gift link: https://wapo.st/3yYjTC7

[chancery]

Jacko has filed his appeal of the dismissal.

He filed the government's opening brief in the appeal of the dismissal.

[RTH10260]

It looks like Jack Smith has filed papers:

FINALLY! Jack Smith Makes BIG FILING in Trump DOC APPEAL

MeidasTouch
26 Aug 2024 Legal AF Podcast


In breaking news in the Mar a Lago prosecution of Trump, Special Counsel Jack Smith schools Federal Judge Cannon in a new filing with the 11th Circuit Court of Appeals, telling the Court that the Judge does not understand the most basic principle of being a federal judge— that the Supreme Court is her boss, and their rulings are BINDING ON HER, to have the Mar a Lago prosecution reinstated. Michael Popok also explains why Special Counsel Smith, smartly, has not overtly pressured the 11th Circuit to remove Cannon, leaving it to the judgment of the Court instead, showing true independence without playing politics

[chancery]

Jacko has filed his appeal of the dismissal.

He filed the government's opening brief in the appeal of the dismissal.

Ben-Prime, I apologize for snapping at you. I was already feeling stabby because @Jose_Pagliery, a legal affairs reporter who should know better, made the same misstatement a few hours ago.

Here's a thoughtful preliminary reaction to the brief from Joyce Vance:

https://joycevance.substack.com/p/readi ... iths-brief

[Ben-Prime]

Jacko has filed his appeal of the dismissal.

He filed the government's opening brief in the appeal of the dismissal.

Ben-Prime, I apologize for snapping at you. I was already feeling stabby because @Jose_Pagliery, a legal affairs reporter who should know better, made the same misstatement a few hours ago.

Here's a thoughtful preliminary reaction to the brief from Joyce Vance:

https://joycevance.substack.com/p/readi ... iths-brief

I didn't consider it so much a snap as a correction of verbiage which, I will admit, to my IANAL mind, came across as a distinction without a difference, but clearly meant something to the lawyerly minds in the house. Therefore, apology accepted without reservation.

[Foggy]

Here's a thoughtful preliminary reaction to the brief from Joyce Vance:

https://joycevance.substack.com/p/readi ... iths-brief

Very good, thank you for that.

[realist]

Here's a thoughtful preliminary reaction to the brief from Joyce Vance:

https://joycevance.substack.com/p/readi ... iths-brief

Very good, thank you for that.

Indeed. Read that earlier. I read her almost every day.

[jcolvin2]

I didn't consider it so much a snap as a correction of verbiage which, I will admit, to my IANAL mind, came across as a distinction without a difference, but clearly meant something to the lawyerly minds in the house. Therefore, apology accepted without reservation.

This is not solely a case of lawyers being pedantic (which they too often are). In most court systems in the US, a Notice of Appeal is a short (often one page) document that must be filed fairly soon after the entry of final judgment in the case (often 10 or 30 days depending on the type of case) to preserve the right to appeal. The substantive documents supporting the appeal (the trial court record and the parties briefs) are often filed with the appellate body weeks or months after the Notice of Appeal. Lawyers generally understand that a significant percentage of winning malpractice cases arise when a lawyer fails to take steps to preserve his or her client's rights (i.e., like filing a Notice of Appeal). Thus, lawyers have a heightened sensitivity to the difference.

[Dr. Ken]

Just Jack Smith teaching Judge Cannon grammar

[realist]

Just Jack Smith teaching Judge Cannon grammar

Oh, SNAP!!

[RTH10260]

cannot wait to see the reply by the loose cannon