Mar-a-Lago raided
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We shall see.
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Appears to be lot’s of Op-Eds about “whether this”or “whether that”. As I wrote earlier in response to Kluurs post, it is a murky business.
Still, given the American system’s reputation for checks and balances on executive power, it is inconceivable for me to imagine that there are no prescribed procedures for the POTUS to declassify documents of national security.
Only time will tell how this all shakes out.
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@George-K said in Mar-a-Lago raided:
Former Clerk to Justice Gorsuch:
Read the thread:
His OpEd.
Gee, maybe I'm not so full of shit as some have said...
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@jon-nyc said in Mar-a-Lago raided:
Seems like PR, since it’s a red herring.
The espionage act doesn’t require that the documents be classified. Indeed the act predates our classification system.
Man, nobody would want that can of worms. Nobody.
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@Renauda said in Mar-a-Lago raided:
till, given the American system’s reputation for checks and balances on executive power, it is inconceivable for me to imagine that there are no prescribed procedures for the POTUS to declassify documents of national security.<
I know. But apparently it's so. This from Verifythis.com, truncated: "A 2009 executive order directs the head of a government agency that originally deemed information classified to oversee its declassification, and sets some rules for that process. But those protocols outlined in the executive order don’t apply to the president, McClanahan said. (Italics mine.)
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@George-K said in Mar-a-Lago raided:
Trumps people are claiming that the FBI seized privileged attorney-client documents. If there were such a claim, DOJ should appoint a "special master" to determine what's privileged and what is not.
FBI - "Nope, not gonna happen."
Trump filed a lawsuit Monday seeking the appointment of a special master to review the materials seized by the FBI earlier this month.
Mr. Trump is also seeking a more detailed inventory of the items taken from his home in Mar-a-Lago, as well as the return of any items seized that weren’t within the scope of the search warrant.
“To date,the government has failed to legitimize its historic decision to raid the home of a President who had been fully cooperative,” Mr. Trump’s lawyers said in the civil complaint, titled Trump v. United States Government.
A special master is a third party, usually a retired judge, who reviews evidence to determine whether it is protected by attorney-client privilege or similar legal doctrines. A special master was used to review evidence taken from the home and office of Michael Cohen, a former Trump lawyer who pleaded guilty to tax evasion and other felonies in 2018.
Earlier on Monday, a federal judge in Florida said again that he is inclined to make public at least part of an affidavit detailing the evidence that led the FBI to search Mr. Trump’s Mar-a-Lago home, saying it would “promote public understanding of historically significant events.”
In a written order memorializing comments he made from the bench last week, U.S. Magistrate Judge Bruce Reinhart agreed with the government that revealing too much of that document could expose witnesses and jeopardize the continuing investigation into the former president’s handling of classified information. But he rejected officials’ effort to keep the entire document–which would provide details about how the FBI established probable cause for its search–under seal and to argue that any effort to redact it placed an onerous burden on the government.
“Particularly given the intense public and historical interest in an unprecedented search of a former President’s residence, the Government has not yet shown that these administrative concerns are sufficient to justify sealing,” Judge Reinhart wrote. He gave the Justice Department until noon on Thursday to suggest portions of the document that should remain secret.
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@jon-nyc I think the Trump people filed a request for a special master, as I posted earlier, and the FBI said "no way."
I have no idea what the process for this is, so I'll wait to see what happens.
From what I've read, the request for a special master has to occur before the warrant is executed. If there was no knowledge of the forthcoming
raidsearch, I can understand the delay.OTOH, I've read that the legal team representing DJT is not among the best and brightest, particularly when it comes to this type of stuff.