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

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#2826

Post by andersweinstein »

11th Circuit wrote:... the appeal will be assigned to a special merits panel from the classified appeals log randomly selected by the Clerk.
I take it that means not necessarily the same judges on the appeal as on the stay.
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#2827

Post by poplove »

Jason Leopold
@JasonLeopold
BIG #FOIA SCOOP: Among the excuses Trump offered after FBI found classified docs at MAL, is GSA packed the boxes

But these docs-including PICS of pallets Trump's team packed, stacked & shrink wrapped-I obtained from GSA tells another story.

w/@jackgillum
https://www.bloomberg.com/news/articles ... hey-didn-t
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#2828

Post by Chilidog »

Take a break.

Enjoy....
► Show Spoiler
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#2829

Post by Foggy »

MN-Skeptic wrote: Wed Oct 05, 2022 1:11 pm I'm losing track of what's what in this case ...
I can't imagine why, the "case" is only taking place in Judge Reinhardt's court, Judge Cannon’s court, Judge Dearie's court, the 11th Circuit Court of Appeals, and the Supreme Court.

But not simultaneously, it's more like Whack-a-Mole.

:rolleye:
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#2830

Post by Chilidog »

andersweinstein wrote: Wed Oct 05, 2022 2:13 pm
11th Circuit wrote:... the appeal will be assigned to a special merits panel from the classified appeals log randomly selected by the Clerk.
It seems to me that the bulk on the Special Master's review will be completed before the 11 rules on this.

I'm not sure that's a bad thing.

It sounds like there would have had to have been some sort of privilege review anyway.
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#2831

Post by Foggy »

The letter that Trump released was the one dictated by Trump himself and signed by Dr. Harold Bornstein, amirite?

Because that's clearly NOT a medical record, because it was intended solely for the purpose of misleading the voters in the public arena. If'n Trump had his druthers, everybody in this great land of ours will have not only seen it, but committed it to memory. The more, the merrier.

So if Judge Cannon looked at that and thought, "HIPAA! The gubbermint can't look!" then she has stepped, yet again into the bear trap.
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#2832

Post by Reality Check »

MN-Skeptic wrote: Wed Oct 05, 2022 1:11 pm I'm losing track of what's what in this case, but here's the latest -
:snippity:
This is the DoJ appeal of Loose Cannon's order appointing a special master in the first place. I would not be surprised if the DoJ goes back and asks for a full stay on everything. I believe the DoJ asked for a partial stay on keeping the classified documents out of Cannon's and Trump's dirty little paws because it was so important that they went for that first. Now that the 11th Circuit has twice ruled in their favor they might be emboldened to try to completely shut down Cannon's sideshow. Just a guess.

Now that Trump's attorneys have argued against the expedited appeal the DoJ can point to that as evidence Trump would not be harmed by a full stay. I think ultimately the 11th is going to come down hard on loose Cannon and the appeal will succeed.
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#2833

Post by Foggy »

My guess - also just a guess - is that everyone will take a deep breath and wait to see what the Supremes plan to do. The DOJ has a brief to write and a week in which to write it, which is plenty of time. But I suspect that Trump’s lawyers are best off taking a break from the legal stuff and instead putting Trump on Hannity some more so he can suck up to Justice Thomas.

And the lower courts, including the 11th Circuit and Judges Dearie and Cannon, don't want to confuse MN-Skeptic and me any worse than we already are, by fiddling with the thing when nobody knows what the heck the Supremes are gonna do.

So, kind of a diplomatic pause here for a few days, until the DOJ files its brief.

.
Edit: Oh, and lest we forget, the DOJ has ANOTHER brief to write by a week from Friday, for the 11th Circuit expedited appeal.
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#2834

Post by chancery »

Reality Check wrote: Wed Oct 05, 2022 7:00 pm This is the DoJ appeal of Loose Cannon's order appointing a special master in the first place. I would not be surprised if the DoJ goes back and asks for a full stay on everything. I believe the DoJ asked for a partial stay on keeping the classified documents out of Cannon's and Trump's dirty little paws because it was so important that they went for that first. Now that the 11th Circuit has twice ruled in their favor they might be emboldened to try to completely shut down Cannon's sideshow. Just a guess.
I doubt it. The burden on the DOJ to obtain a stay is greater than to prevail on the appeal itself, and losing a stay motion creates bad momentum and potentially bad language that might influence the merits panel. At this stage, the percentage play is just to try to win the appeal on the merits. They don't need to try to get Cannon removed, because if they win, the case goes away.
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#2835

Post by Greatgrey »

Kendra wrote: Wed Oct 05, 2022 11:00 am I'm too busy working to absorb this, but you guys have at it.

I’m just an end user of PACER & the ECF, so can someone who has filing privileges help me out?

Something that shoulda been sealed but gets posted, that’s an error on the clerk’s part, isn’t it?

When the DOJ or TrumpCo submits something via ECF, it doesn’t get automatically posted, does it? Doesn’t the clerk first have to review it, and then hit whatever button to add it to the docket?

Yeah I know, lotsa questions. :biggrin:
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#2836

Post by Kendra »

Good questions, on CNN just a few minutes ago they said it was the DOJ who misfiled, but what do I know? The actual filing is quite interesting in what isn't there. Like medical records vs that 2016 letter from his *doctor* saying how healthy he was.
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#2837

Post by Gupwalla »

Greatgrey wrote: Wed Oct 05, 2022 7:32 pm
Something that shoulda been sealed but gets posted, that’s an error on the clerk’s part, isn’t it?
Just so we don’t lose the shape of the quilt while counting the threads:

This error exposed at least some information concerning documents the DOJ contends to be among the most sensitive classified information in all of government, including documents pertaining to the US nuclear program.

Exposed.

The whole legal drama about special masters and appeals and J. Thomas and the Trumpy bench judge are all soap opera sideshow. The critical issue is that nuclear secrets are being bandied about in chambers up down and sideways throughout Article III, and some clerk or paralegal can just forget to check the “sealed” button on screen and all of a sudden the nuclear secrets aren’t secret any more.

Maybe it wouldn’t upset me quite as much if we didn’t also, at this very moment, have Putin and Kim trying to out-crazy one another on the global stage.
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#2838

Post by Foggy »

:yeahthat:

What date did Thomas give the DOJ to oppose Trump's whatever it is before the Supremes? :confuzzled:
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#2839

Post by chancery »

Gupwalla wrote: Wed Oct 05, 2022 7:43 pm
Greatgrey wrote: Wed Oct 05, 2022 7:32 pm
Something that shoulda been sealed but gets posted, that’s an error on the clerk’s part, isn’t it?
Just so we don’t lose the shape of the quilt while counting the threads:

This error exposed at least some information concerning documents the DOJ contends to be among the most sensitive classified information in all of government, including documents pertaining to the US nuclear program.

Exposed.

The whole legal drama about special masters and appeals and J. Thomas and the Trumpy bench judge are all soap opera sideshow. The critical issue is that nuclear secrets are being bandied about in chambers up down and sideways throughout Article III, and some clerk or paralegal can just forget to check the “sealed” button on screen and all of a sudden the nuclear secrets aren’t secret any more.

Maybe it wouldn’t upset me quite as much if we didn’t also, at this very moment, have Putin and Kim trying to out-crazy one another on the global stage.
Um, this was the privilege log, I think. Nothing classified. But if your point is that the federal court sealing system isn't adequate to protect high-level classified information, you're of course correct.
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#2840

Post by andersweinstein »

Greatgrey wrote: Wed Oct 05, 2022 7:32 pm
I’m just an end user of PACER & the ECF, so can someone who has filing privileges help me out?

Something that shoulda been sealed but gets posted, that’s an error on the clerk’s part, isn’t it?

When the DOJ or TrumpCo submits something via ECF, it doesn’t get automatically posted, does it? Doesn’t the clerk first have to review it, and then hit whatever button to add it to the docket?
FWIW Marcy Wheeler described the error this way:

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#2841

Post by Greatgrey »

Foggy wrote: Wed Oct 05, 2022 7:58 pm :yeahthat:

What date did Thomas give the DOJ to oppose Trump's whatever it is before the Supremes? :confuzzled:
October 11th.
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#2842

Post by Greatgrey »

So the inadvertent unsealing was a clerk’s fault.

I’m asking because ya know TrumpCo is going to say the DOJ did it intentionally and is “leaking”.
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#2843

Post by RTH10260 »

Hurrahhhhh!

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#2844

Post by Gupwalla »

chancery wrote: Wed Oct 05, 2022 8:26 pm
Um, this was the privilege log, I think. Nothing classified. But if your point is that the federal court sealing system isn't adequate to protect high-level classified information, you're of course correct.
Correct, and thank you for the clarification.

This list looks like primarily the list of non-classified items that DOJ thinks could possibly be subject to a privilege claim, and which do not appear to be official government records. The DOJ does not admit privilege, but is keeping the documents segregated from the case files pending a decision by the court.

So, I will back away from the ledge and try to rest easy for at least one more night.
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#2845

Post by Gregg »

Kendra wrote: Wed Oct 05, 2022 7:43 pm Good questions, on CNN just a few minutes ago they said it was the DOJ who misfiled, but what do I know? The actual filing is quite interesting in what isn't there. Like medical records vs that 2016 letter from his *doctor* saying how healthy he was.
The Phone Log, a post it note saying not to pay a lawyer are the first things that jumped out at me.
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#2846

Post by Foggy »

Greatgrey wrote: Wed Oct 05, 2022 9:18 pm
Foggy wrote: Wed Oct 05, 2022 7:58 pm What date did Thomas give the DOJ to oppose Trump's whatever it is before the Supremes? :confuzzled:
October 11th.
Thank you! (Adding to the Fogbow Calendar)
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#2847

Post by Kendra »


Trump’s lawyer says he is being targeted by DOJ “because he still has a very large political career ahead of him. My client is ahead in the polls. Look at Obama! He’s got a warehouse of documents next to a freaking McDonalds!”
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#2848

Post by RTH10260 »

Dear Ms Habba, the Obama presidential library storage facility is under the control of NARA. NARA provides for the correct security of the site. Your few Secret Service agents at MaL are only protecting the private area of the former guy, not the whole facility. Members and their guests can stroll along unchallenged.
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#2849

Post by tek »

Look at Obama! He’s got a warehouse of documents next to a freaking McDonalds!
Trump thinks that is a brilliant idea in 3.. 2..
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#2850

Post by jemcanada2 »

tek wrote: Thu Oct 06, 2022 10:44 am
Look at Obama! He’s got a warehouse of documents next to a freaking McDonalds!
Trump thinks that is a brilliant idea in 3.. 2..
TFG: can I store my documents near hamberders too? (Probably)

:lol: :lol:
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