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Feds seek to fast-track appeal in Trump Mar-a-Lago documents fight

“The government is … unable to examine records that were commingled with materials bearing classification markings, including records that may shed light on, for example, how the materials bearing classification markings were transferred to Plaintiff’s residence, how they were stored, and who may have accessed them,” DOJ officials, including counterintelligence chief Jay Bratt, wrote in the filing with the Atlanta-based 11th Circuit Court of Appeals. “The records not marked as classified may also constitute evidence of potential [obstruction] and [concealment or removal of government records].”
https://www.politico.com/news/2022/09/3 ... t-00059879
This order, the DOJ argued, means that "the government is ... unable to examine records that were commingled with materials bearing classification markings, including records that may shed light on, for example, how the materials bearing classification markings were transferred to Plaintiff's residence, how they were stored, and who may have accessed them." These documents, the filing added, may also reveal evidence of crimes unrelated to classified information, like obstruction and removal of government records.

According to Cheney, prosecutors discussed this appeal with Trump attorney Christopher M. Kise, who has said the former president opposes the relief sought by the DOJ.
https://www.rawstory.com/doj-aileen-can ... al-master/

Trump's judge in this case is doing all she can to help TOS and his lawyers. This case should never have gone to her in the first place. It should have been assigned to a judge that was not appointed by TOS. A judge that was appointed by any other Repug would have been more impartial. I say appointed by another Repug so the TOS MAGAs can't complain that it is a rigged case by having a Dem appointed judge hear it.
Facts do not cease to exist because they are ignored.-Huxley
"We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both." ~ Louis Brandeis,

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Sixth Amendment, folks!
“TOS has a right to a speedy trial,” I’d tell them.
"It is better to be violent, if there is violence in our hearts, than to put on the cloak of non-violence to cover impotence. There is hope for a violent man to become non-violent. There is no such hope for the impotent." -Gandhi

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How Does the Justice Department Deal With Judge Cannon Now?

On Thursday, U.S. District Judge Aileen Cannon issued an order overturning the requirements set forth by special master Judge Raymond Dearie for his review of the documents seized at Mar-a-Lago. It is beyond startling. It not only places highly unusual limitations on the respected special master whom Cannon and all parties agreed to independently review Donald Trump’s claims challenging the seizure, it also has the potential to hobble the entire review process—and could even end Dearie’s and/or Cannon’s role in it.

To understand why, recall the specific requirements that Dearie imposed and Cannon nullified. Finding that Trump’s lawyers could “not have it both ways,” Dearie ordered them to address key (and surely false) search-related claims made by the former president, among other matters. This included ordering the Trump’s lawyers to provide evidentiary support for the claim that any of the seized documents marked classified had been unclassified; to provide any evidence that DOJ incorrectly described any of the documents; and to submit any evidence that any of the documents in question were not in Trump’s possession.

Since there is no evidentiary basis for any of these claims, Trump’s lawyers were in a very difficult spot. They had four options. The first was to admit there is no such evidence, making it impossible to continue representing the former president while salvaging their reputations. The second was to refuse to comply with the order and face contempt of court. Third, they could resign from representing the former president based on the recusal mandates of American Bar Association Model Rule 33, which bars counsel from making any statement to a court they “know to be false.” The recusal mandate goes beyond actual knowledge to include things lawyers “reasonably should know” to be false, or that “may be inferred from the circumstances” to be false. The fourth and final option was to contest Dearie’s order with Cannon. That is the approach they took, and it paid off for both the lawyers and their client on Thursday. This victory for Trump will force the Department of Justice to make a tough tactical decision about the best path forward. All options will be on the table.
Full article here with options the DOJ has in their case. https://slate.com/news-and-politics/202 ... tment.html

The best option would be to have the 11 Circuit remove the case from The Loose Cannon and reassign it to a neutral judge's court.
Facts do not cease to exist because they are ignored.-Huxley
"We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both." ~ Louis Brandeis,

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Since Cannon has knocked down some of Dearie's rulings, DOJ can appeal again to the 11th Circuit. Dearie is a district judge in his own right, but here he is a special master in Cannon's case. Cannon has already been reversed by the 11th Circuit, that court said that DOJ can proceed in evaluating the evidence. No judge anywhere on the planet is going to be totally fair, because "fair" is a subjective term depending on where you stand on the political spectrum. Do they follow the law or are they following their own political ideology which applies to judges on the right and the left? That is one reason there are levels of appellate courts.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

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Former President Donald Trump on Tuesday asked the U.S. Supreme Court to intervene in his fight with the Justice Department over classified documents seized from his Florida home as part of a criminal investigation into his handling of government records. Trump filed an emergency request asking the justices to block part of a lower court's ruling that prevented an independent arbiter requested by Trump, known as a special master, from vetting more than 100 documents marked as classified that were among 11,000 records seized by FBI agents at the Mar-a-Lago estate in Palm Beach on Aug. 8. read more

The Atlanta-based 11th U.S. Circuit Court of Appeals on Sept. 21 repudiated a decision by U.S. District Judge Aileen Cannon, who had temporarily barred the department from examining the seized classified documents until the special master had weeded out any that could be deemed privileged and withheld from investigators. The 11th Circuit also prevented the special master, Judge Raymond Dearie, from having access to the documents with classified markings, noting the importance of limiting access to classified information.
The 11th Circuit also rejected any suggestion that Trump had declassified the documents - as the former president has claimed - saying there was "no evidence" of such action and that the argument was a "red herring because declassifying an official document would not change its content or render it personal." In Tuesday's filing, Trump's attorneys said he had "broad authority governing classification of, and access to, classified documents." In an interview on Fox News last month, Trump again asserted without evidence that he declassified the documents and claimed he had the power to do it "even by thinking about it."

The three statutes underpinning the search warrant used by the FBI at Mar-a-Lago make it a crime to mishandle government records, regardless of their classification status.
https://www.reuters.com/world/us/trump- ... 022-10-04/
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

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Hoping his toadys on the SCOTUS will do what he wants.
Trump attacks the National Archives in new Truth Social rant, 'I want my documents back!'

Former President Donald Trump is demanding that the National Archives and Records Administration give back the top-secret documents he improperly took from the White House and stashed at his Mar-a-Lago resort.

In a new rant posted on Truth Social, the former president cited past instances in which the National Archives had lost information from past White Houses as evidence that documents, which included secrets on another country's nuclear program, were safer being stored at his luxury resort in Florida.

"NARA lost a whole hard drive full of HIGHLY SENSTITIVE information from the Clinton White House," Trump fumed. "More than 100,000 Social Security numbers and addresses, Secret Service and White House operating procedures (EXTREMELY SENSITIVE!)."

There is no security at NARA," he wrote. "I want my documents back!"
https://www.rawstory.com/trump-documen ... 658386271/

They’re my documents and I want them back. My lawyers said they are mine and if I don’t get them I will cry and throw a tantrum and hold my breath till I get them.

Unfortunately TOS doesn’t understand the documents that were written while he was playing President all belong to the government not him. This would include those he used as toilet paper.
Facts do not cease to exist because they are ignored.-Huxley
"We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both." ~ Louis Brandeis,

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We all know Trump is very litigious and appealing to SCOTUS just keeps delaying the DOJ investigation, which is his goal. Clarence Thomas is the SCOTUS justice that oversees the 11th Circuit.
Unlike his frequently more florid and fantastical legal gambits, this one is narrow and legally nuanced – far smaller than a possible broader attempt to test an ex-president’s scope to claim executive privilege or some kind of claim that the search on his home in August was illegal. Instead, Trump wants the court to ensure that more than 100 documents designated as classified are included in a review by a third party official known as a “special master.” The ex-President has every legal right to take such a step. But it’s also the case that Trump’s team has repeatedly sought to slow down the Justice Department’s classified documents probe in the courts, which reflects his characteristic desire to postpone accountability. In this case, any delays could push it closer to a possible Trump 2024 presidential campaign and fuel his claims of political persecution.

But, just as in other recent filings by Trump to the Supreme Court, the tactic may not work, according to legal experts. There is no guarantee that the court, already being dragged deep into politics, will perceive this case as bearing such vital constitutional or legal importance that failing to take it up would be a dereliction of duty. Even if it decides to hear the case, the court may move more swiftly than Trump hopes. Justice Clarence Thomas, for instance, on Tuesday quickly gave the Justice Department until 5 p.m. on October 11 to provide a response to Trump’s appeal. And Trump could simply lose – even if he persuades the justices to take the case – since to get emergency relief he must prove that he’s suffered irreparable harm in the matter, a threshold many legal experts believe is a stretch.
https://www.cnn.com/2022/10/05/politics ... index.html

The Circuit Justice Clarence Thomas can decide it or refer it to the full court, likely he sends it to the full court.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

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The request to SCOTUS is just another attempt to delay, deflect. He also says this is just a 'document storage issue, not 'criminal', even tho it is. Funny that he has admitted to stealing highly classified documents..and 'wants them back'..The big orange turd and his lawyers don't seem to be on the 'same page'.
The 11th Circuit also rejected any suggestion that Trump had declassified the documents - as the former president has claimed - saying there was "no evidence" of such action and that the argument was a "red herring because declassifying an official document would not change its content or render it personal."
NARA lost a whole hard drive full of HIGHLY SENSTITIVE information from the Clinton White House
Probably a lie, pulled out of trump's fat orange ass BUT the point is that Clinton did the legal thing and turned over this to the national Archives..didn't take this to someplace in Poughkeepsie.

Geez, just charge the asshole...

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Thomas, if he weren't such an idiot sycophant for turd same as his wife, would refuse the case and return to lower court or recuse himself. He will rule in the turds favor, regardless - that's a given.
"Being Republican is more than a difference of opinion - it's a character flaw." "COVID can fix STUPID!"
The greatest, most aggrieved mistake EVER made in USA was electing DJT as POTUS.

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Wino wrote: Wed Oct 05, 2022 8:21 am Thomas, if he weren't such an idiot sycophant for turd same as his wife, would refuse the case and return to lower court or recuse himself. He will rule in the turds favor, regardless - that's a given.
BUT, doesn't the 'rule of five' apply here? Need 5 justices to agree to hear any case..why SCOTIS didn't hear the election lie case from Pennsylvania(?)..

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So even though Trump is clearly guilty of a crime, Thomas may be able to throw him a lifeline. Thomas who was appointed by George HW Bush. Bush, who won because people on the left couldn’t/wouldn’t come together and vote for Dukakis. And now, if the dems lose the senate, Thomas could drop dead in his seat and Biden won’t be able to fill it because Mitch will block it, giving the repubs the chance to fill it with someone even worse than Thomas in 2024, if they win.

That is a great example of elections having consequences.

Conservatives are really good at playing and winning the long game. Liberals are really good at talking about the way things ought to be.

Don’t worry though, if the GQP/Trumpist cult gets it’s way, we won’t have to worry about elections anymore. They’ll just install whoever they like and save us the anxiety of arguing over who to vote for.

Or maybe I just need my coffee this morning, in which case I apologize for the rant.
www.schayden.com

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New documents blow up Trump's attempt to blame the General Services Administration for Mar-a-Lago docs

During assorted public appearances, Trump has asserted that the GSA was responsible for packing and shipping boxes of White House records down to Mar-a-Lago.

But documents obtained by Bloomberg through a Freedom of Information Act request show that the boxes containing the top-secret documents were already packed when the GSA arrived to take them to Florida.

"More than 100 pages of emails and shipping lists between White House and transition staff and the US General Services Administration describe the minutiae of moving the Trump White House from Washington, DC, to Florida, down to how many rolls of bubble wrap and tape, all within a plan signed by then-Chief of Staff Mark Meadows," the publication notes. "One thing is clear: The boxes were packed when the movers got there."
https://www.rawstory.com/trump-document-scandal/

TOS will say, I had a thought and the GSA fairies came and packed them.
Facts do not cease to exist because they are ignored.-Huxley
"We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both." ~ Louis Brandeis,

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F4FEver wrote: Wed Oct 05, 2022 8:23 am
Wino wrote: Wed Oct 05, 2022 8:21 am Thomas, if he weren't such an idiot sycophant for turd same as his wife, would refuse the case and return to lower court or recuse himself. He will rule in the turds favor, regardless - that's a given.
BUT, doesn't the 'rule of five' apply here? Need 5 justices to agree to hear any case..why SCOTIS didn't hear the election lie case from Pennsylvania(?)..
No, it's four. But given Trump's pathetic record even with 5 of the 6, I expect they'll take the safe, no-brainer approach and support the 11th, trying to recoup SOME of the respect they've lost since Roberts became CJ--because their ruling on the VRA is going to be catastrophic--Roberts HATES the VRA (as do Alito and Thomas(?)) and was one of the lawyers working to PREVENT the strengthening and clarifying of it all the way back in 1982--which Reagan signed. It will come down to Kavanaugh and Barret, and maybe, possibly, Gorsuch, or it will simply be gutted.
"Even if the bee could explain to the fly why pollen is better than shit, the fly could never understand."

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The orange turd is back to claiming the SCI documents were 'planted' and the National Archives are a hot bed of far left, radial democrats. Both BS, on some silly trump lemming TV interview..Gee, why don't trump's own lawyers say the same thing? Because they risk being punished if they lie for the orange tub of shit. Seems only a shrinking number of ignorant knuckledraggers seem to listen to trump. I saw some trump fans at some rally, interviews and these people are bat-shit crazy..One saying the Dems control the weather, why hurricanes only hit 'red' states...And JFK, Jr is still alive..and 'Q' exists....it's nutz.

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F4FEver wrote: Thu Oct 06, 2022 8:06 am The orange turd is back to claiming the SCI documents were 'planted' and the National Archives are a hot bed of far left, radial democrats. Both BS, on some silly trump lemming TV interview..Gee, why don't trump's own lawyers say the same thing? Because they risk being punished if they lie for the orange tub of shit. Seems only a shrinking number of ignorant knuckledraggers seem to listen to trump. I saw some trump fans at some rally, interviews and these people are bat-shit crazy..One saying the Dems control the weather, why hurricanes only hit 'red' states...And JFK, Jr is still alive..and 'Q' exists....it's nutz.
Again, if the documents were planted then they belong to the Federal Govt and not to Trump.
If the documents were classified, they belong to the Federal Govt and not to Trump.
If the documents were de-classified, by whatever means, even TFG "brain waves", they STILL belong to the Federal Govt and not to Trump.
Passports, BY DEFINITION, belong to the Federal Govt and not to Trump or any US citizen, and must be relinquished on demand.
Presidential correspondence with foreign leaders belong to the Federal Govt and not to Trump.

So what the fuck does this judge, Cannon, think is the law on letting Trump NOT return these documents? I actually doubt that even 2 Justices will support Trump, but no doubt that Thomas will. I expect that IF the SCOTUS accepts the case, I maybe Pollyanna, but I believe it will be to clarify for once and for all that Presidents cannot take government documents home when they leave office.
"Even if the bee could explain to the fly why pollen is better than shit, the fly could never understand."

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CDFingers wrote: Thu Oct 06, 2022 10:11 am As the vise tightens on his balls, he'll squeal even more loudly, but the squeeze will never relent, even after the last squeak.

CDFingers
Are you sure he has some? His constant whining and complaining, not his fault, sounds like a man with No Cojones.
Facts do not cease to exist because they are ignored.-Huxley
"We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both." ~ Louis Brandeis,

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People who place their faith in the rule of law and see even the latest political and legal chipping away of women’s reproductive rights to be less about controlling women’s bodies and more about clarifying how we will define those rights and their limitations through our laws. The same is being weighed about the powers of the presidency as defined by the Constitution.

But in the same vein, I have read and agree with Justice RBG that “Roe v Wade” was a weak case to enshrine women’s reproductive rights. (She believed “Struck v. Secretary of Defense” was a stronger case that defined a woman’s right to bodily/reproductive autonomy.) The Judiciary does not make laws and is ostensibly apolitical. But they do clarify what the laws means and how to enforce them. Case-laws is one method for discerning what we agree to do as a society, albeit the process is a little like making sausage. For this reason I am fine with seeing how TOS ends coming out the other side of the judicial meat-grinder (he is an excellent spice).

Our judiciary is a flawed/human-created legal system but it’s “the best we got”. The point is to employ it intelligently and play that game to the best of our ability. The alternative really is to allow our passions to flare to the point of armed conflict —which the “losing side” is prone to endorse from time to time. We can take heart that the hapless GOP is in fact losing badly in society based on their desperate attempts at wooing the crazies with dog-whistles.
"It is better to be violent, if there is violence in our hearts, than to put on the cloak of non-violence to cover impotence. There is hope for a violent man to become non-violent. There is no such hope for the impotent." -Gandhi

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The Rule of Law is a thing only because most of us agree that it is. When scum like the orange spirochete come along and just crap all over the rule of law saying, "Whatchew goan do about it?", we have to get plumb, mad dog mean, to quote Josie Wales. We have to say, "No!" by jailing the scum.

Easier said than done, apparently. I smell massive black mail, kompromat.

CDFingers
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Nothing's for certain--it could always go wrong.
Come in when it's raining; go on out when it's gone.

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Trump again floats claim of FBI 'planting' documents even after special master demanded he put up real proof

Former President Donald Trump is once again floating baseless claims that the FBI "planted" documents at his Mar-a-Lago resort, even though the special master that he requested has told him he needs to show concrete proof to back up such claims.

On his Truth Social platform, Trump linked to months-old posts by conservative columnist Paul Sperry in which he implicated FBI supervisory intelligence analyst Brian Auten in purported nefarious activity related to the search and seizure of top-secret government documents at Mar-a-Lago.

"Is Auten 'planting' or removing documents?" Trump asked while linking to the post. "We'll never know."

Trump then linked to another weeks-old Sperry post and used it as a platform to yet again attack the FBI.
Full article: https://www.rawstory.com/trump-fbi-2658406313/

TOS keeps repeating the same old tired shit. What is needed is a restraining order on his BS and for a Federal judge to say put up or shut up. Also because he thinks it happen doesn't mean it did, no matter how many times he has had a dream. Also needs a court order for him to not be able to use the Presidential Seal or refer to himself or have others refer to him as the President. He can only be referred to as the former President or the Loser.
Facts do not cease to exist because they are ignored.-Huxley
"We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both." ~ Louis Brandeis,

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"Is Auten 'planting' or removing documents?" Trump asked while linking to the post. "We'll never know."
Special-master, “Where’s the beef?”
“We’ll never know…” TOS shrugs.
“If you don’t know then you have no proof. Which amounts to another big, fat nothing-burger. NEXT!”
"It is better to be violent, if there is violence in our hearts, than to put on the cloak of non-violence to cover impotence. There is hope for a violent man to become non-violent. There is no such hope for the impotent." -Gandhi

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As YT has said before.
The Justice Department is asking witnesses whether former President Donald Trump was known to keep sensitive government documents at any of his other properties after federal investigators seized 11 sets of classified records from his Mar-a-Lago residence in August, according to Rolling Stone. The outlet on Friday cited two people familiar with the matter who said federal investigators are also asking witnesses if the former president had a habit of moving classified documents from Mar-a-Lago to other Trump properties, including Trump Tower in Manhattan and his private golf club in Bedminster, New Jersey.

"It was obvious they wanted to know if this went beyond just Mar-a-Lago," an anonymous source told Rolling Stone. The agency's questions — directed to multiple witnesses in recent months — could indicate the DOJ thinks Trump's shoddy handling of important documents went beyond his stash at Mar-a-Lago, according to the outlet, though it's unclear if the agency has uncovered any proof.
The New York Times on Thursday reported that DOJ believes Trump still has documents from his time in the White House that he has yet to return, despite the ongoing investigation into the matter. According to the outlet, Trump and his legal team have opted to take a combative approach to the Justice Department in response. As a special master continues a review of the documents retrieved in August, Trump this week suggested that the legal saga has actually had a positive effect on his businesses.
https://www.businessinsider.com/rolling ... es-2022-10
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

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