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

[fierceredpanda]

httArt of the deal: Trump’s $3 million retainer to Kise is three times what Maduro’s people paid.

https://nytimes.com/2022/09/16/us/polit ... 5482935297

Is it even legal for TFG to use his Super PAC's money for this? I know that until he formally announces a run for the WH, the rules are a little more lenient that they will be after the announcement. But it seems to me to be a bit beyond the pale that he can use political donations to pay for personal legal expenses in what is potentially a criminal investigation.

PAC money has different rules from campaign funds, and it’s relatively easy to work around obstacles and put PAC money to work on things like attorney’s fees. Once he’s a declared candidate, it becomes slightly more problematic, insofar as the FEC (for whatever that perpetually toothless commission is worth) would want to see a clear link between campaign funds and campaign-related expenditures. Or at least that is my understanding.

[keith]

The shoe tantrum:

F97A6E43-B842-47A0-A0CC-623F88A8B520.png

viewtopic.php?p=136883#p136808

If'n you think Judge Dearie is going to allow that kind of malarkey, you have another think coming to you!

Why would they take off their shoes in your bedroom? Was Ivanka there or something?

[sugar magnolia]

Okay. I must have missed something because I don’t get it.

Why, why, why is everyone going on and on and on about classified/declassified when under the Espoinage Act which he is being investigated of violating, it doesn’t matter one whit whether they are classified or declassified.

Someone please tell me what I’m missing.

We all know he’s lying about the classification business, but thanks to Dearie he now has to fish or cut bait. Other than that, what the hell does it matter?

I think the whole point of bringing Dearie in was to determine what documents were to be made available to trump and his lawyers. If the DOJ loses (I don't think they will) they have to give up all of the documents to trump's side. The attorney/client and executive privilege questions are not as sexy as the classification markings so they aren't getting the ink, but they are just as much in the mix.

Of course I could be totally wrong.

[fierceredpanda]

Trump’s team isn’t going to get anywhere with the executive privilege argument in front of Dearie, and they likely know this. Dearie isn’t a complete partisan hack like Cannon, and so he is well aware that the privilege lies not with the former POTUS, but the current one. Not to mention the utterly risible Trump argument of trying to invoke executive privilege to keep the documents away from the DOJ and the ODNI, two agencies that are part of … *snaps fingers* oh, right. That’d be the Executive Branch.

I think Trump’s lawyers want to spring a trap on Dearie regarding the Carter Page FISA warrant that he approved. It’s very possible docs relating to that were in Trump’s stash, given his obsession with proving that RussiaRussiaRussia-gate was a hoax. His lawyers come in and say “why Judge, you have a conflict of interest and need to recuse yourself. Judge Cannon, we need a brand new special master to start this whole thing over again and buy us more time.” Of course, since Trump would have known (at least constructively) what documents were in his own possession, and since Judge Dearie was his selection, such a conflict (if it even is a conflict at all) must be deemed to be one of Trump’s own making and thus waived.

Still, it’s a worry. All Trump’s team care about is delaying the investigation until past the midterms, where hopefully Trump loyalists will gain one house of Congress and then begin the process of threatening to shut down the government unless the DOJ stops investigating Trump. That’s the play here, obviously, and it really infuriates me to see the media, let alone a goddamn US district court judge (however partisan and unqualified) take this as some sort of good faith litigation to protect Trump’s interests.
If he were acting in good faith, he would have brought a Rule 41(g) motion in front of the magistrate who approved the warrant.

[tek]

In the context of the special master and Judge Cannon's rulings, IIRC there are specific issues around classified documents.

But mostly it is flooding the zone.

Okay. I must have missed something because I don’t get it.

Why, why, why is everyone going on and on and on about classified/declassified when under the Espoinage Act which he is being investigated of violating, it doesn’t matter one whit whether they are classified or declassified.

Someone please tell me what I’m missing.

We all know he’s lying about the classification business, but thanks to Dearie he now has to fish or cut bait. Other than that, what the hell does it matter?

[Chilidog]

My question regarding attorney client privilege....

Obviously there is going to be potential evidence of obstruction mixed in with the the run of the mill A-C correspondence.

Who is going to be the one to sort those out?

Did the taint team already pull those aside?

[Foggy]

Six weeks later....


Zee Furher is still getting punched in the dick...


And I'm still not tired of it happening....

Me neither. This is more fun than making mud pies!

I think Trump’s lawyers want to spring a trap on Dearie regarding the Carter Page FISA warrant that he approved. It’s very possible docs relating to that were in Trump’s stash, given his obsession with proving that RussiaRussiaRussia-gate was a hoax. His lawyers come in and say “why Judge, you have a conflict of interest and need to recuse yourself. Judge Cannon, we need a brand new special master to start this whole thing over again and buy us more time.” Of course, since Trump would have known (at least constructively) what documents were in his own possession, and since Judge Dearie was his selection, such a conflict (if it even is a conflict at all) must be deemed to be one of Trump’s own making and thus waived.

OMG I have missed your contributions here, and that's a great analysis that might really be the reason they picked Judge Dearie. I think there must be something more than just "He's suspicious of the FBI because he worked at the FISA court," and maybe that's it.

[Foggy]

Well, well, well ... *

Today is going to be an exciting day in the world of kicking Trump in the dick the Trump vs. United States of America litigation. We will read the Trump opposition to the Motion for Partial Stay in the 11th Circuit, and we will learn what happens in Noo Yawk in Judge Dearie's courtroom.

I'm so excited,



* (To this very day, if you say "Well, well, well" anywhere near my dad, his automatic, pre-programmed, instant response is, "Three wells make a river." )

[RVInit]

[Slim Cognito]

We'll know soon how Dearie is going to play this. I'm gonna be pissed if he gives them more time, but I'm guessing he'll do it since they asked nicely.

[p0rtia]

Okay. I must have missed something because I don’t get it.

Why, why, why is everyone going on and on and on about classified/declassified when under the Espoinage Act which he is being investigated of violating, it doesn’t matter one whit whether they are classified or declassified.

Someone please tell me what I’m missing.

We all know he’s lying about the classification business, but thanks to Dearie he now has to fish or cut bait. Other than that, what the hell does it matter?

Well, it doesn’t matter to the espionage act. But if any of the documents are classified, they are government property by definition.

1) #mediacomplicit

2) Judge Cannon brought it up despite the lack of relevance to the case. #Cannoncomplicit

[p0rtia]

We'll know soon how Dearie is going to play this. I'm gonna be pissed if he gives them more time, but I'm guessing he'll do it since they asked nicely.

In his letter yesterday he said he thought he could be done by Oct. 7 (or 9?).

So that's a pretty severe indication. And since in their response to Dearie's letter asking them to state which dox they felt had been declassified, Kise/Trusty said, in the words of Bartleby the Scrivener, they'd "prefer not to," I don't think you're in any danger of getting pissed over this one.

[Chilidog]

I think Trump’s lawyers want to spring a trap on Dearie regarding the Carter Page FISA warrant that he approved. It’s very possible docs relating to that were in Trump’s stash, given his obsession with proving that RussiaRussiaRussia-gate was a hoax. His lawyers come in and say “why Judge, you have a conflict of interest and need to recuse yourself. Judge Cannon, we need a brand new special master to start this whole thing over again and buy us more time.” Of course, since Trump would have known (at least constructively) what documents were in his own possession, and since Judge Dearie was his selection, such a conflict (if it even is a conflict at all) must be deemed to be one of Trump’s own making and thus waived.

OMG I have missed your contributions here, and that's a great analysis that might really be the reason they picked Judge Dearie. I think there must be something more than just "He's suspicious of the FBI because he worked at the FISA court," and maybe that's it.

But, wouldn't the DOJ know by now exactly what is in those documents?

[Foggy]

But, wouldn't the DOJ know by now exactly what is in those documents?

Yes, yes they would. SOMEBODY has to have the appropriate clearance to know what they have.

Would that stop Donald J. Trump from pulling an unethical stunt in attempting to delay and obstruct a possible prosecution?

Sorry, dumb question. Lemme see, where's the covfefe at?

[Greatgrey]

What the fuck is wrong with Cannon’s clerk?

Why is this crap being docketed?

https://storage.courtlistener.com/recap ... 3.99.0.pdf

[Slim Cognito]

Jeez, I'm an art school/community college dropout and even I can see that's a political shitrag.

[RVInit]

Trump has made two trips to Bedminster since NARA first began trying to get him to return government documents. He resisted for almost an entire year before finally returning some of them. On at least one of those trips to Bedminster eight of the banker type boxes were loaded onto the private plane Trump boarded for his flight to Bedminster. Obviously, a search cannot be predicated on that information alone, the government would need actual evidence that additional documents are likely to be found there as well. I do wonder if it’s possible that he took some of these documents to Bedminster.

I think Kash Patel has made statements regarding Trump using some of these documents to “prove” the Mueller investigation was a hoax and to “prove” other gripe and grievance type issues. His suggestion was that Trump would set up a website so people could “see the truth”. Of course none of TFG’s cohorts are reliable sources of information, so

[p0rtia]

What the fuck is wrong with Cannon’s clerk?

Why is this crap being docketed?

https://storage.courtlistener.com/recap ... 3.99.0.pdf

Cannon's clerk seems to have the same understand of the role of the court as does Cannon.

[northland10]

Things like this get filed all of the time on big cases (and even little ones). I don't know how much a District Court clerk has discretion on what can be withheld from the docket. What happens is garbage comes in, somebody objects (or the clerk informs the judge), any request to intervene is denied and either the entry gathers dust or is stricken, depending on the mood of a judge or magistrate judge at the time.

It is a nothing burger that is not worth getting uptight about.

Edit: It should be mentioned that FRCP Rule 24 does not give the clerk the authority to determine whether or not to docket a petition for intervention. There may be issues as to form, but the decision on whether to allow intervention is the judge's, not the clerk's.

[jemcanada2]

What the fuck is wrong with Cannon’s clerk?

Why is this crap being docketed?

https://storage.courtlistener.com/recap ... 3.99.0.pdf

Cannon's clerk seems to have the same understand of the role of the court as does Cannon.

Don’t they know they’re supposed to be quoting Black’s Law Dictionary 5th edition, not the 2nd edition?

(Yes. I know sane people would use the current edition. )

[chancery]

https://www.docdroid.net/xaR0rDa/propos ... -order-pdf

That Amicus brief might leave a mark.

To bad page 11 is missing.

I've bought from PACER and uploaded here a complete version of the proposed amicus brief and the motion for leave to file.
The proposed brief starts on page 9 of the 40 page pdf, and it includes the missing page 11.

proposed amicus brief complete 22-13005_Documents.pdf

(379.91 KiB) Downloaded 45 times

Very too bad that Recap no longer works on PACER for the federal courts of appeals.

[Foggy]

Thank you, chancery!

[Greatgrey]

Things like this get filed all of the time on big cases (and even little ones). I don't know how much a District Court clerk has discretion on what can be withheld from the docket. What happens is garbage comes in, somebody objects (or the clerk informs the judge), any request to intervene is denied and either the entry gathers dust or is stricken, depending on the mood of a judge or magistrate judge at the time.

It is a nothing burger that is not worth getting uptight about.

Edit: It should be mentioned that FRCP Rule 24 does not give the clerk the authority to determine whether or not to docket a petition for intervention. There may be issues as to form, but the decision on whether to allow intervention is the judge's, not the clerk's.

Yeah well they keep happening. https://storage.courtlistener.com/recap ... 01.0_1.pdf

[Maybenaut]

Okay. I must have missed something because I don’t get it.

Why, why, why is everyone going on and on and on about classified/declassified when under the Espoinage Act which he is being investigated of violating, it doesn’t matter one whit whether they are classified or declassified.

Someone please tell me what I’m missing.

We all know he’s lying about the classification business, but thanks to Dearie he now has to fish or cut bait. Other than that, what the hell does it matter?

Well, it doesn’t matter to the espionage act. But if any of the documents are classified, they are government property by definition.

1) #mediacomplicit

2) Judge Cannon brought it up despite the lack of relevance to the case. #Cannoncomplicit

Actually, the government brought it up when it argued that classified documents are government property by definition, and when it asked for a stay with respect to those documents.

[Kendra]

Tomorrow at noon: Trump’s response due in 11th Circuit
Tomorrow at 2PM: Dearie convenes hearing, open to public

Puts Trump in a tough spot. If he tells 11th Cir maybe he declassified,or just b/c Gov says it’s classified doesn’t mean it is, he can get whipsawed in Dearie ‘s court