much ado wrote: ↑Fri Aug 26, 2022 2:22 pm
Try 'nor' for 'not'.
ETA:
NEW: Redacted DOJ affidavit says FBI wanted to seal the document because “the FBI has not yet identified all potential criminal confederates nor located all evidence related to its investigation”
There's too much still redacted in the Trump search warrant affidavit to say much. But one thing stands out:
It looks like Evan Corcoran spectacularly failed to fully assess his client's legal exposure, leading him to send DOJ a letter that let them just utterly pants him.
Basically, he locked in on "classified," missed literally every other information handling or record retention statute, and demanded that DOJ include his letter in any submission.
So they did - in a submission that didn't implicate - at all - the statute he was worried about.
I agree with Mike that it's an ineffective and largely pointless letter, but not otherwise.
I think it's possible, likely even, that Trump wanted to send the government a whiney, belligerent letter, which Corcoran watered down and cleaned up as much as possible to reduce the number of own goals.
Mike is correct that the letter didn't address the range of statutory violations that might be used to justify a search warrant. But there's no reason whatsoever to think that the letter reflects Corcoran's full assessment of Trump's potential exposure, or that sharing that assessment with the government would have prevented approval of the search warrant or otherwise served a tactical purpose.
Note, the redacted affidavit makes clear DOJ is not buying Kash Patel story that Trump declassified the docs while POTUS. After noting Kash 5/2022 claim, the affidavit continues to call the docs "classified" Compare paras 53 & 61.
Import: Trump AND Kash are in DOJ crosshairs.
So were the documents mentioned here the same documents Patel said last week he never knew about until the rest of the world?
Slim Cognito wrote: ↑Fri Aug 26, 2022 2:47 pm
Saw a tweet saying that some of the docs retrieved had trump's handwriting on them. Making out his Christmas list mayhaps?
One tweet indicated that handwriting from former-flotus was found on at least one document! ("a guy upthread" )
Kendra wrote: ↑Fri Aug 26, 2022 2:42 pm
https:// twitter.com/AWeissmann_/status/1563229148642148355
Note, the redacted affidavit makes clear DOJ is not buying Kash Patel story that Trump declassified the docs while POTUS. After noting Kash 5/2022 claim, the affidavit continues to call the docs "classified" Compare paras 53 & 61.
Import: Trump AND Kash are in DOJ crosshairs.
So were the documents mentioned here the same documents Patel said last week he never knew about until the rest of the world?
Documents are not magickaly self declassifying by the preachers handwave or voice. Each copy gets stamped (and dated?).
New Turtle wrote: ↑Fri Aug 26, 2022 3:16 pmYeah, I guess I should have said live, like on TV.
True: the federal courts are notoriously anti-camera. But pro-sketch artists!
* * *
RTH10260 wrote: ↑Fri Aug 26, 2022 3:21 pmDocuments are not magickaly self declassifying by the preachers handwave or voice. Each copy gets stamped (and dated?).
This is where it gets ontological: If the president purportedly declassifies a document (through gesture, voice, or even thought), but there's no record of any declassification, or even evidence implying declassification had occurred, did it?
Back in the real world: Federal agents can see the classification notations, observe the lack of declassification notations, and conclude the document remains classified. Basic "my testimony about what I perceived is evidence" and "presumption of regularity" stuff.
So, to counter that, someone would have to (1) testify (2) credibly about the alleged declassification invocation. (1) is not guaranteed and (2) is highly questionable.
Regardless, the Espionage Act concerns national-defense information, and not classified materials. As the application states, classified materials tend to have national-defense information, but the terms are neither synonymous nor interchangeable. Some classified material isn't national-defense information. Not all national-defense information is classified.
So I think Mike D.'s basic point is correct: his lawyers' emphasis on this particular tree ignored the forest.
I am picturing Gollum caressing his "precious" when I read about FPOTUS (boy, I bet that designation pisses him off) fondling these documents, especially the special secret ones.
So, to counter that, someone would have to (1) testify (2) credibly about the alleged declassification invocation. (1) is not guaranteed and (2) is highly questionable.
Especially if the someone wears orange makeup to court.
Now if'n it is Kash Patel, he can testify that Trump’s wand was made from the trunk of an elderberry tree a manzanita bush (I'm from SoCal ) and that it contains extremely powerful magic in the area of declassification of documents stolen from the United States of America. Trump can use the wand to declassify the crap out of all the documents he stole.
He can't use the wand to make them unstolen, though. Sad.
Foggy wrote: ↑Fri Aug 26, 2022 3:43 pma of declassification of documents stolen from the United States of America.
He can't use the wand to make them unstolen, though. Sad.
Yeah: The next step is relevance. Patel (or someone else) could testify about what they observed, which would be circumstantial evidence of someone's belief (or "intent," as the lawyers might say).
The magic wand itself isn't a defense, but a belief that the wand is magical might create a reasonable doubt as to the intent required to criminally convict. Even if mistake or ignorance isn't a defense, it might create doubt there was the necessary intent.
Fiascoist wrote: ↑Fri Aug 26, 2022 3:35 pm
I am picturing Gollum caressing his "precious" when I read about FPOTUS (boy, I bet that designation pisses him off) fondling these documents, especially the special secret ones.
“I think it would be the best advice to the former President to leave this to his lawyers and not to further comment on this. For two reasons. One is, it lowers his exposure legally. The other reason is to let the election conversation get back to what it ought to be about, which is about inflation, the economy, the direction of the country, and people’s views of President Biden’s competence. We’re now in our third week where we’re talking primarily about the former president’s retention of White House records, and the kerfuffle that has brought about. That’s not healthy for Republicans, it’s not healthy for former president Trump.”
OK with me if he tears down the GOP and makes them start from scratch.
I think my favorite part is Exhibit 1, Corcoran's May 25 letter to the DOJ. Specifically, the ending, where Corcoran requests that his letter be shown to any judge who rules on this matter.
“I think it would be the best advice to the former President to leave this to his lawyers and not to further comment on this. For two reasons. One is, it lowers his exposure legally. The other reason is to let the election conversation get back to what it ought to be about, which is about inflation, the economy, the direction of the country, and people’s views of President Biden’s competence. We’re now in our third week where we’re talking primarily about the former president’s retention of White House records, and the kerfuffle that has brought about. That’s not healthy for Republicans, it’s not healthy for former president Trump.”
OK with me if he tears down the GOP and makes them start from scratch.
Internationally the damage has been done. The former guy was already a paria among the US allies. Should the Republicans even think of letting him go to the primaries the origins of international intelligence will dry up immediatly. No one will risk sharing their assets until this threat to secrecy is merely a note in the history books.
A FPOTUS can declassify any document by affixing a 2-cent stamp on the corner and faxing it to a court of record at the earliest convenience. it says so in the Magna Carta.
So were the documents mentioned here the same documents Patel said last week he never knew about until the rest of the world? 
) and that it contains extremely powerful magic in the area of declassification of documents stolen from the United States of America. Trump can use the wand to declassify the crap out of all the documents he stole. 
