Mar-a-Lago raided
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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.
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@George-K said in Mar-a-Lago raided:
@jon-nyc said in Mar-a-Lago raided:
The fat man isn’t sending his best people.
I'm so old that I remember when laughing at someone's body image was considered hatred.
But, I digress.
Best and brightest...
Ken white pointed this out but then said the filing was obviously written by lawyers.
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"Trump Files Lawsuit Against U.S. Government, Claims ‘Most Americans’ Are Distressed by ‘Shockingly Aggressive’ Search of Former President’s Home"
Uh, not really, Donnie.
Lots more on the lawsuit here: https://lawandcrime.com/trump/trump-files-lawsuit-against-u-s-government-claims-most-americans-are-distressed-by-shockingly-aggressive-search-of-former-presidents-home/
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@Jolly said in Mar-a-Lago raided:
Meanwhile, back at the Justice Department, the leaks have started.
The New York Times story then affirms the position of the Justice Department as proven by the leaks.
“[T}he extent to which such a large number of highly sensitive documents remained at Mar-a-Lago for months, even as the department sought the return of all material that should have been left in government custody when Mr. Trump left office, suggested to officials that the former president or his aides had been cavalier in handling it, not fully forthcoming with investigators, or both.”
It is litigation by leak where the government prevents others (including the target) from seeing key representations made to the court while releasing selective facts to its own advantage. It shows utter contempt for the court and the public. The question is whether the court will take note of this series of leaks. Most judges do not like to be played so openly and publicly by government officials. Moreover, the leaks should push Garland to reverse course as suggested in a recent column and order substantive disclosures in the affidavit in light of the government’s prior leaks.
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@Horace said in Mar-a-Lago raided:
Representing himself in the hopes of taking center stage in a trial that would be watched by exponentially more people than the Jan 6 hearings.
That's our Trump -- always creating rumpus, always in the spotlight. I wonder how many people it has occurred to that not only is this a pattern with him, but that it shows weakness; it shows his inability to sustain an image as a strong leader even when you don't see him. Like Reagan or Eisenhower. He cavorts always like a clown, juggling his stunts: "Look at me, look at me-e-e!"