The jig is up for Trump: Special Master has asked declassification details

Having a problem, lost all I wrote and the copy/paste.

Dearie told Trump's lawyers "you can't have your cake and eat it too".


https://www.politico.com/news/2022/09/20/trump-special-master-judge-mar-a-lago-00057805

 

And Democrats want to see this process move faster because November is coming quickly. I guess it's not going to happen. May not even happen before 2024. We all know how these things can drag on when politics is involved.

 

So why is Trump and his team being so coy about whether or not he declassified those documents? Trump goes on social media whining that he declassified those documents and raised his hands over a pile of papers right before he left office. Then when in court, the special master asks Trump lawyers if those documents were declassified, and their response is we can't tell you that.

Amazing.

 

I was surprised to see that those were literally his exact words, but well put.

 

So Dearie is claiming that without Trump invoking the privilege claim, that he can only go off of the original designations on the document.
At the same juncture, the government has brought this issue to wit against Donald Trump whilst also saying that the government documents are so top secret that it's own team hasn't gotten the classifications.

Then, how did they retrieve the documents from mar-a-lago to begin with? Were the FBI agents blindfolded? The government is also trying to have its cake and eat it too, Mr. Dearie. They are saying on one hand, that they want to pursue this investigation and on the other hand, the government is claiming that their own people can't see the information.

If no one can see it, how can they possibly be prosecuted? How can a possible defense even be raised?(Note: Not in the matter of innocence or guilt, but in the matter that the material in question is legally hereto nonexistent, as far as Prosecution's argument is concerned)

 

what document, lol

next Trump can say he pardoned the 1-6ers before he left... just forgot to tell anyone

 

so you're saying if you or I stole the information... we too could not be prosecuted?

 

Do Trump's lawyers now go crying to Judge Cannon when they don't like what Judge Dearie is doing?
Can Cannon kick out Dearie from being the Special Master so she'll be guaranteed an invite to one of Mar a Largo's New Years Eve bashes?


"On Tuesday, Trusty told Dearie that he believes Dearie's request to provide a declassification defense goes beyond the scope of what Cannon asked him to do.


Dearie said he was "taken aback" by that claim.

"I think I'm doing what I'm told," Dearie said.

The Justice Department on Friday appealed a portion of Cannon's ruling, seeking to stay the review of roughly 100 documents with classified markings and the judge's restricting FBI access to them.

Federal prosecutors said the special master review ordered by the judge would hinder the government from addressing national security risks and force the disclosure of "highly sensitive materials."

With that appeal still pending, it is still unclear whether Dearie's review will go forward exactly as Cannon instructed.

On Tuesday, Trump's legal team filed its response to the Atlanta-based 11th U.S. Circuit Court of Appeals, opposing the government's request and calling the Justice Department's investigation "unprecedented and misguided."

cont:
https://www.reuters.com/legal/new-y...-documents-fbi-seized-trumps-home-2022-09-20/

 

I'm saying that while the documents materially physically exist, they legally in a sense do not exist in the courtroom because the prosecution's argument very conveniently paints its own narrative of: We'd love to share this information with you, but even WE cannot see it! Nevertheless, we wish to pursue an investigation surrounding the items in question.

It's absurd, it's more legally farcical in my view than the Trump's team request. It would put any defense behind the 8-ball, being charged with something that you cannot see or verify or question.

 

what will Trump do now?

https://www.politico.com/news/2022/09/20/trump-special-master-judge-mar-a-lago-00057805

"Dearie, 78, engaged succinctly with the parties during the 40-minute session. He noted that the current litigation filed by Trump is civil in nature, since no criminal charges have been filed, so the burden of proof is on Trump to back up any assertion of privilege or other protected interest in the documents."

 

Go shopping for another special master.

 

Cannon may just be corrupt enough to entertain that.

 

And the Trump team argued that it's hard for them to make that argument without having first seen it. I actually wish I were a part of the Trump Team, because I could turn the prosecution's argument right on its own head. The government just admitted in its briefing that their own people cannot see the documents.

Therefore, it's only logical to assume that the government cannot verify its own claims either. In order for the competing claims to be verified, either both sides must be allowed equal access, perhaps in a SCIF or they could claim each document individually and then Dearie as SM can rule on those claims.

 

Lol, sure man, sure.

 

Just a friendly reminder from Dearie to Trump that he knows who he's dealing with?
The Brooklyn buzz is that Trump wanted the same end game for Pence that Marie Antoinette got.

She is the first thing that does come to mind....lol

I was surprised too and had fun running with it.

 

Such a logical and well thought out response. No wonder I have you on the ignore list.

 

Only some of the documents haven't been reviewed. Here's something interesting.

Why is Trump's lawyers asking for security clearance if those documents have been declassified? If Trump declassified them, they should say they have a right to look at them because it's declassified. Instead, they are asking to get security clearance because they know they haven't been declassified.

 

Apparently not. Trump had access to these documents. They were in his possession. If he wants to claim he declassified them, and he can demonstrate that he did, then not only would his lawyers have access to them but so would everyone on the forum. Think it over.

 

Oceam's razor, there's actually an easier explanation than that. If we go back to the origin of the DOJ complaints, they complained that the Trump team was less than forthcoming and that they did not receive all of the documents(remember, documents that they themselves admit they supposedly haven't seen yet.). At the time, I argued that it didn't make sense for Trump's lawyers to want to commit the crime of perjury on Trump's behalf.

But it makes sense if the Trump team was not made aware of these documents. It's quite possible that Trump himself wasn't made aware of them(I'm not arguing that definitively, just saying that it's possible.). And if that is the case, then the reason they want these security clearances is that they're not sure about the classification status and legally they want to be able to read them.

(And since they were not aware, it's easy for them to argue that they complied with the request because as far as they knew, they did.)

 

Show us where Dearie questioned Trump’s sanity.

 

So Trump took home documents having no idea whether or not he declassified them or not? How reckless.

So was there or wasn't there a standing order that declassified any material that entered the premise of Mar-a-lago? If there was, then the classification status shouldn't matter according to trump's lawyers.

 

No.. it has already been determined in the courts the president decides what he keeps when he leave’s office…

 

No matter what happens with respect to the "special master" NOTHING of substance will happen before the election with respect to a tRaitor tRump indictment.

 

Trump’s attorney gave their strategy away by referring to the former President as the President. They’re pretending (hopefully) they’ve tumbled down the same rabbit hole as the former President and many of his MAGA followers. Trumps not a civilian dweeb after all he’s the rightful President

That nuttery aside. No. The government isn’t attempting a cake and eat it too strategy. That’s simply a poor reading of process.

 

How is it a 'poor reading of process'? The government flatly just claimed that their people lack the classifications to read the documents. In spite of this, it wants to pursue an investigation into documents that they supposedly cannot see. How could anyone pose a defense to a charge, if the item or actions in question could not be verified? So the court is to simply accept the government's claims(or as Dearie stated, he could simply read the classification on the note) and to be done with it?

Specifically, why should Trump have to prove a 'claim' of privilege. If he declassified it 'on his say so' or whatever it may be, then how could the government argue against that? They couldn't argue against it either! The only way this case can logically be pursued, is if all or most documents are declassified, and then the government can use them to argue anything they want against Trump. But right now, they're legally blind.