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

[RTH10260]

FWIW

[chancery]

I don't see a date on the clip, but the context suggests that it's two months old. Not complaining; it just took me a couple of minutes to put it in perspective.

[RTH10260]

Court files show evidence Trump handled records marked classified after presidency
Justice department filing claims former US president kept secret documents in drawer at Mar-a-Lago with other files from after his time in office

Hugo Lowell
Mon 14 Nov 2022 03.34 GMT

Donald Trump retained documents bearing classification markings, along with communications from after his presidency, according to court filings describing the materials seized by the FBI as part of the ongoing criminal investigation into whether he mishandled national security information.

The former US president kept in the desk drawer of his office at the Mar-a-Lago property one document marked “secret” and one marked “confidential” alongside three communications from a book author, a religious leader and a pollster, dated after he departed the White House.

The mixed records could amount to evidence that Trump wilfully retained documents marked classified when he was no longer president as the justice department investigates unauthorised possession of national security materials, concealment of government records, and obstruction.

The classification status of the two documents is in dispute after Trump claimed that all documents at Mar-a-Lago had been declassified before he left office, though no such evidence has emerged and his lawyers have not repeated it in court.

New details about the commingled documents came in a eight-page filing submitted by the justice department on Saturday to Raymond Dearie, the special master examining whether the 103 documents seized by the FBI should be excluded from the evidence cache.

The justice department said towards the end of the filing: “Because plaintiff [Trump] can only have received the documents bearing classification markings in his capacity as president, the entire mixed document is a presidential record.”

The commingled records appear to have some significance to the criminal investigation, since the two classified documents were the only ones found in Trump’s office besides those contained in a leather-bound box and one additional document that the FBI seized during its search on 8 August.

The leather-bound box contained some of the most sensitive records found at Mar-a-Lago: seven documents marked “top secret”, 15 marked “secret”, two marked “confidential”, as well as 45 empty folders with “classfied” banners and 28 folders marked “Return to Staff Secretary/Military Aide”.




https://www.theguardian.com/us-news/202 ... ng-alleges

[RTH10260]

The Guardian identified the nature and location of the commingled documents at issue by comparing the unique identifier numbers with a spreadsheet filed by the justice department showing they were part of “Item #4” seized by the FBI, which is described in another filing as “Documents from Office”.

[andersweinstein]

The Guardian identified the nature and location of the commingled documents at issue by comparing the unique identifier numbers with a spreadsheet filed by the justice department showing they were part of “Item #4” seized by the FBI, which is described in another filing as “Documents from Office”.

Just a note: Marcy Wheeler pointed this out and posted about it before the Guardian article. But it's possible they came by it independently.

[bill_g]

Clearly the FBI got the papers all mixed up. Clearly.

[chancery]

Judge Cannon has unsealed the parties' principal briefs to the Special Master on global issues. I've uploaded Trump's brief below. The government's brief is too big, but you can find it here: https://storage.courtlistener.com/recap ... .173.0.pdf

I haven't read them yet.

Some early commentary from @kyledcheney of Politico suggests that Trump's position was previewed in his 11th Circuit brief, i.e., whatever I took automagically became private, and no court can review what I did.

https://twitter.com/kyledcheney/status/ ... 9199666178

trump's principal global issues brief.pdf

(252.13 KiB) Downloaded 16 times

[mojosapien]

His own personal affairs....cheating on Melania????

[Gregg]

This is how The Declaration of Independence ended up hanging in the Dining Room at Mar a Lago.

[Ben-Prime]

This is how The Declaration of Independence ended up hanging in the Dining Room at Mar a Lago.

I feel a Nic Cage movie in the works about this.

[MN-Skeptic]

Does this go on the Fogbow calendar?

[chancery]

Scheduling oral argument for a date four days after briefing is concluded, two days before Thanksgiving, is a very, very expedited schedule. Trump's lawyers probably don't have a good feeling about this.

For a little context:

From the government's 9/30/22 motion to expedite the appeal:

The United States also asks this Court to set this matter for oral argument at its earliest convenience, whether that be on the first available calendar after the end of the expedited briefing schedule or through a special sitting.

From Trump's 10/3/22 opposition to the motion to expedite:

President [sic] Trump also opposes the Government’s request to expedite oral argument in this case. President [sic] Trump respectfully submits that argument in this case should be scheduled in a manner consistent with 11th Cir. R. 34-4 and the Court’s Internal Operating Procedures. President Trump believes setting oral argument in January 2023 or later is appropriate.

Trump's opposition continued with this footnote (emphasis added):

If the Court adopts the schedule proposed [by Trump], briefing will be completed by November 21, 2022 – shortly before the Thanksgiving holiday. In either event, a January 2023 or later setting will accord the parties and the Court sufficient time to prepare for oral argument.

The 11th Circuit's order granting the motion to expedite provided that the three-judge panel hearing the appeal "will decide when and how to hear oral argument."

It looks as though the panel agrees with the government that there's a real need for urgency.

[chancery]

The one down side to this schedule is that it's quite possible that the 11th Circuit will reverse Judge Cannon's special master order before Judge Dearie has an opportunity to write a report rejecting all of Trump's arguments.

[Foggy]

Does this go on the Fogbow calendar?

Yes, and of course the DOJ still hasn't even filed its reply brief, which is due mañana.

And Joe Biden turns 80 on Sunday. Four days from today.

[Foggy]

The one down side to this schedule is that it's quite possible that the 11th Circuit will reverse Judge Cannon's special master order before Judge Dearie has an opportunity to write a report rejecting all of Trump's arguments.

That's quite true, if they overturn Judge Cannon's order it pulls the plug out for Judge Dearie. He is an outstanding judge who has done the best he could in a complex political situation, BUT.

On the bright side, Trump would have spent three million dollars on Chris Kise, and got nuffin' to show for it. Total loss, and yeah, take it to the Supremes and see what they say.

On the bright side some more, he gets nothing back from the search of Mierda Lardo, not even the mushroom photos signed by my gal Stormy Daniels.

And on the bright side even more, the criminal investigation proceeds.

Still, I would be very sad for Judge Dearie.

Edit: I made up the part about the mushroom photos.

Edit: I thought of another on the bright side - a sternly worded opinion will make Judge Cannon look like the clown she is.

Edit: The next event in Judge Dearie's court is the in-person status conference on Dec. 1.

[humblescribe]

You don't think that the $3 million was solely for a single purpose representation? Seems to me that this sum will cover any and all legal doings until exhausted. Or am I thinking like an accountant and not like the legal trade?

[Jim]

You don't think that the $3 million was solely for a single purpose representation? Seems to me that this sum will cover any and all legal doings until exhausted. Or am I thinking like an accountant and not like the legal trade?

Seems like you're thinking like an accountant who hasn't ever had a client that's been known to stiff the people he hires.

[Dr. Ken]

[Foggy]

OK, that's awesome.

[Tiredretiredlawyer]

Merrick Garland to the courtesy phone.......

[p0rtia]

Thanks!

I did not know about that.

[p0rtia]

[chancery]

The government's reply brief.

I haven't looked at it yet.

Government Reply Brief 11th Circuit.pdf

(384.73 KiB) Downloaded 48 times

[Greatgrey]

The government's reply brief.

I haven't looked at it yet.



Government Reply Brief 11th Circuit.pdf

Thread…

[andersweinstein]

I. PLAINTIFF’S ARGUMENTS REGARDING THE PRESIDENTIAL RECORDS ACT ARE FORFEITED, MERITLESS, AND IRRELEVANT

Everyone in this room is now dumber for having read them. I award you no points, and may God have mercy on your soul.