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

[bob]

I changed my mind. Today is the seventh day, so "after seven days" doesn't kick in until 12/9.

[RTH10260]

this beauty needs to be xposted (no - it isn't Xrated)

2383223.gif

[Reality Check]

I changed my mind. Today is the seventh day, so "after seven days" doesn't kick in until 12/9.

I sort of read it that way too but wasn't sure. Also if Trump's attorne's wanted to postpone the inevitable as long as possible they would wait until the last day and file for an extended stay.

[Foggy]

It's poorly worded, but imho seven days "after" the date of the opinion (issued on the 1st) is the 8th. But whatevs, I think Trump isn't going to ask for a stay, for some reason. His lawyers have had a week, and there's been no indication they want one.

But I will speculate nonetheless - if his lawyers don't tell him he could ask for a stay, who's going to tell him? Hannity? Ingraham?

If nobody tells him, he'll never know.

[bob]

It's poorly worded, but imho seven days "after" the date of the opinion (issued on the 1st) is the 8th.

In court world, the day something drops is Day 0.

The pro move is to avoid boilerplate and just specify the date.

[Foggy]

Yeah, and it was addressed to the shipping clerks and not either of the parties. I think the clerks know what's what.

[chancery]

I changed my mind. Today is the seventh day, so "after seven days" doesn't kick in until 12/9.

For what it's worth, the government agrees with your earlier view.

From its motion for an extension of deadlines, Docket Entry 194 at 2:

In this appeal, the Eleventh Circuit shortened the default time within which the mandate would issue and ordered the mandate to issue seven days from the date of today’s opinion, or Thursday, December 8, 2022: ... Accordingly, unless Plaintiff obtains a stay of the mandate from the Eleventh Circuit or United States Supreme Court, the mandate will issue next Thursday, December 8.

Edit: Nothing new on either the 11th Circuit or the SDFL docket as of just now.

[Shizzle Popped]

Trump does not plan to appeal dismissal of Mar-a-Lago special master to Supreme Court

CNN
—
Former President Donald Trump does not plan to appeal to the Supreme Court a lower court order that put an end to the special master review of documents seized from his Mar-a-Lago estate, a source familiar with the matter tells CNN.

Last week, a federal appeals court ruled that a lower court judge had erred when she ordered the appointment of a third party, or special master, to review about 100 classified documents that investigators found when they searched his Florida home in August.

The entrance to Trump Tower on 5th Avenue is pictured in the Manhattan borough of New York City, U.S., June 30, 2021.
Trump Org. fraud trial juror tells CNN the panel was 'serious' and didn't focus on Donald Trump
The former president’s legal team previously argued that they needed an outside expert to decide whether any of documents found at Mar-a-Lago could be privileged. They had until Thursday to appeal the decision to the Supreme Court.

Their decision not to appeal would mark the end of a monthslong legal battle over whether the review should take place and will allow the Justice Department to push forward in their investigation into Trump’s retention of classified documents.

https://www.cnn.com/2022/12/08/politics ... index.html

[Reality Check]

I guess Trump had enough "winning" for a while.

[bob]

Trump does not plan to appeal dismissal of Mar-a-Lago special master to Supreme Court

Surprised, am I.

And Foogy was correct!

[Foggy]

... Foogy was correct!

Umm ... no. Maybe on some minor point, but:

I think Trump will demand that Kise appeal to the Supremes.

That's okay, I like the outcome.

[Shizzle Popped]

Justice Department asks judge to hold Trump team in contempt over Mar-a-Lago case

Prosecutors have urged a federal judge to hold Donald Trump’s office in contempt of court for failing to fully comply with a May subpoena to return all classified documents in his possession, according to people familiar with the matter — a sign of how contentious the private talks have become over whether the former president still holds any secret papers.

In recent days, Justice Department lawyers have asked U.S. District Court Judge Beryl A. Howell to hold Trump’s office in contempt, according to the people, who spoke on the condition of anonymity to describe sealed court proceedings. But the judge has not yet held a hearing or ruled on the request, they said.

The request came after months of mounting frustration from the Justice Department with Trump’s team — frustration that spiked in June after the former president’s lawyers provided assurances that a diligent search had been conducted for classified documents at his Mar-a-Lago Club and residence. But the FBI amassed evidence suggesting — and later confirmed through a court-authorized search — that many more remained.

One of the key areas of disagreement centers on the Trump legal team’s repeated refusal to designate a custodian of records to sign a document attesting that all classified materials have been returned to the federal government, according to two of these people. The Justice Department has repeatedly sought an unequivocal sworn written assurance from Trump’s team that all such documents have been returned, and Trump’s team has been unwilling to designate a custodian of records to sign such a statement while also giving assurances that they have handed documents back.

https://www.washingtonpost.com/nation/2 ... o-records/

This just popped up on my Apple News feed but I don't have a subscription so can't post a gift link.

[much ado]

Gift link for above...

https://wapo.st/3iN5VL5

[Frater I*I]

I guess Trump had enough "winning" for a while.

Or as I call it...getting punched in the dick.....




All these months later and I"M STILL not tired of watching it happen...

[New Turtle]

Gift link for above...

https://wapo.st/3iN5VL5

Some of Trump’s lawyers are also wary of making any claim under oath based on Trump’s word alone, two people familiar with the matter said.

[Reality Check]

Gift link for above...

https://wapo.st/3iN5VL5

Thank you! Interesting that they are going to a judge in the DC District for this. Is there a grand jury connection here? I would have thought they would go back to the court in Florida where the warrant was issued?

This might help to explain the latest search Trump paid to have done. That seem to come out of the blue. It makes sense if the DOJ had information more documents were being hidden at other locations.

[bob]

Interesting that they are going to a judge in the DC District for this. Is there a grand jury connection here?

From WaPo:

In recent days, Justice Department lawyers have asked U.S. District Judge Beryl A. Howell to hold Trump’s office in contempt, according to the people, who spoke on the condition of anonymity to describe sealed court proceedings.

Howell is the chief judge, the chief handles grand-jury proceedings, and grand-jury proceedings are secret.

So, yes, money is on a grand jury subpoena.

[Foggy]

Curious, did this story hit immediately after the "Trump won't appeal" story, and is there any connection?

[Reality Check]

The mandate has been issued so whoever had the COB today wins the pool.

Just In: @RobLegare 11th Circuit Court of Appeals' mandate DISMISSING Trump's lawsuit against DOJ over the MAL seizure & voiding the special master process. The appeals court gave Trump's team until today to appeal the decision and they did not.

[chancery]

I would read it as today.

But if I was the shipping clerk, I might hold off on issuing the mandate until COB.

Edit: Changed my mind.

You were correct the first time:

12/08/2022 80 Mandate issued as to Appellant USA. [Entered: 12/08/2022 04:29 PM]

[bob]

You were correct the first time

(But pleasantly surprised.)

[Foggy]

Curious, did this story hit immediately after the "Trump won't appeal" story, and is there any connection?

Here's why I ask.

There are two groups who could have leaked this second story.

One of course is the court itself, through any of several employees, and the other is the Department of Justice.

But courts have a record of not leaking things, and the Department of Justice has a well-earned reputation for leaking things in this case. For, imho, vindictive reasons.

If a motion relating to grand jury proceedings is under seal, I don't think that Trump's team learned about this motion until they read about it today in the Washington Post. And so I think the Department of Justice leaked this story today immediately following the revelation that Trump was not going to appeal the 11th circuit ruling.

For vindictive reasons, of which I approve wholeheartedly.

[John Thomas8]

When is it going to be that orange mutt has enough classified documents it's not supposed to have to jail him?

[sugar magnolia]

When is it going to be that orange mutt has enough classified documents it's not supposed to have to jail him?

Any day now.

[bob]

If a motion relating to grand jury proceedings is under seal, I don't think that Trump's team learned about this motion until they read about it today in the Washington Post. And so I think the Department of Justice leaked this story today immediately following the revelation that Trump was not going to appeal the 11th circuit ruling.

Respectfully disagree.

If TFG (or one of his entities) is the target of the subpoena, and is the one being threatened by sanctions, then he too (also) knows what the court is doing in this very particular instance.

I would nominate this third source to be the leaker, for the sympathy (and the bucks).