Special Master Chastises Trump's Legal Team With Now-Viral 'Cake' Comment

The process by which a president can declassify information did not start with an EO from Obama. Try again.

 

Sure okay.

 

The issue of privilege has already been addressed by the SC previously.
https://www.voanews.com/a/can-a-for...e-over-his-presidential-records-/6724702.html

<snip>

<snip>
That's not the reason he was appointed for.
https://www.cnn.com/2022/08/29/politics/what-is-special-master-fbi-mar-a-lago-search/index.html

Note it doesn't put limitations on what he can review, which is why the appointment required security clearance of the person chosen. Dearie was not appointed to act as a judge in the case. If he wants something from the plaintiffs or defendant he could go through the channel of the judge that appointed him. I'm not a lawyer either, but it appears that Dearie is stepping outside his parameter here.

 

The special master agrees with me.

 

So tell me, what is the standard? Where is it derived from?

 

Not an refutation of my point, which I will reiterate, in case you forgot:

No, and neither have you, and you don't know squat, you're just making **** up.

It's a ruse because Trump has no evidence he declassified, or he would produce it. His lawyer is just tap dancing, as he did for Cannon, and she took the bait, well Dearie isn't. He's made of sterner stuff.

The 11th circuit just ruled in the DOJ's and Dearie's favor. So, the concrete has been cast.

Given the 11th circuit's ruling, the SM, Cannon's ruling, are now moot.

You said the burden shifts, you were wrong. Civil suits are about a claim, and about remedy/redress/relief. The onus is on the plaintiff to prove the claim, without which, there can be no remedy/redress/relief.

Given the 11th circuit's ruling, the SM, Cannon's ruling, are now moot.

All of those variables have to entail proof of declassification, of which none have been offered.

Again:
Given the 11th circuit's ruling, the SM, Cannon's ruling, are now moot.

 

As I stated earlier I do not know what the process for a president to declassify information is and no one else seems to know either including you. I didn't ask where the authority came from, but I'm quite sure it didn't come from Obama.

 

Great now pat yourself on the back.

 

And what would the DOJ need to prove that?

 

I just want to make sure you are informed, because it doesn't seem like you understand what is going on.

 

Classified markings on the documents.

 

They have the according to leaked reports so what do they need from Trump? If it's proof he declassified them can you tell me what it takes for a president to declassify information?

 

I'm quite sure it does, and the DOJ referred to it earlier in the court filings.
Did you read it? I think you posted a link for me earlier (thanks!). It's very specific and is the law for classification/declassification. It is updating a Bush era EO.
Why do you think is does not apply, especially when it says it does and you can't seem to find where else this issue is addressed?

Link: https://www.govinfo.gov/content/pkg/CFR-2010-title3-vol1/pdf/CFR-2010-title3-vol1-eo13526.pdf

 

From what I read it is how "little people" should handle classified information, not presidents. Nor does it discuss where the authority comes from that gives president authority to declassify information.

 

He will have the burden of proving he declassified them.

 

If you look carefully, the classification process starts with the President and Vice President, and stems from there.
The declassification is different, as the specific agencies need to sign off on it, and the documentation must be changed to reflect the change in classification, meaning there is a process and documentation, neither of which Trump has followed, ergo, he has not declassified those documents, which is why he won't make a legal statement that he has, and get caught telling a lie to a judge or court.
It really isn't that complicated.

 

The power to declassify information by a president comes from the constitution and any EO issued by a previous president does not need to be followed by the current president. Just because a document is labeled classified doesn't mean it is still classified. Clerical errors happens all the time especially in government. Seems to me the DOJ is trying to determine if Trump did declassify them but as of yet know one has said what it takes for a president to declassify information.

 

On what are you basing your opinion on this? What I have read is that an OE basically becomes law for the Executive branch. I have not seen anywhere that says that subsequent presidents don't have to follow, but they can make changes or a new one. Trump did not do this.
Also, where do you get that a classification label doesn't necessarily apply? Wouldn't that subvert the whole classification process, as no one could have any confidence that a document labelled as classified was actually classified? That doesn't make any common sense to me, and doesn't follow the declassification process outlined in EO 13526.
By the way, EO 13526 IS the standard until it changed. You'll have to link some kind of reference for me to believe otherwise.
You say that no one has said what it takes for a president to declassify information, but it is right there in EO 13526.

 

You misunderstood what I said about classification labels. EO 13526 was Obama's EO.

 

this is what Trump wanted him to do... he picked him, now he doesn't want him to do it?

 

He was assigned to review all the documents seized by the FBI. It’s not really complicated.

 

for their classified status, which means he needs Trump to fess up that he never declassified them

if Trump refuses to do that, then they must all be considered classified

 

He doesn’t need Trump to tell him anything. All he needs to do is review the documents in possession of the FBI and separate the classified material from that of the unclassified. The court will decide what Trump is entitled to based on Dearie’s recommendations. Then the real legal battle will begin. This doesn’t need to be made more complicated than that. Dearie is basically an Arbitrator.

 

there is no sign Trump declassified them, NONE

so if Trump had done so, he needs to provide proof

otherwise there is no point to the special master

 

Moot point. The Appellate Court has taken it out of the hands of the Special Master, so Trump no longer has the burden of proof to show they are declassified, if the DOJ wants to bring charges they will have the burden of proof that the documents remained classified.

'The panel argued that there is “no evidence that any of these records were declassified.” Really? No evidence that any of the records were declassified? There are some huge holes in this argument.'

'Kash Patel, a former top Trump administration official, stated that the documents were declassified and that he was present for the declassification.'

“Trump declassified whole sets of materials in anticipation of leaving government that he thought the American public should have the right to read themselves,” Patel explained. “The White House counsel failed to generate the paperwork to change the classification markings, but that doesn’t mean the information wasn’t declassified,” Patel added. “I was there with President Trump when he said, ‘We are declassifying this information.’”

'January 19, 2021, President Trump released a presidential memorandum titled, “Memorandum on Declassification of Certain Materials Related to the FBI’s Crossfire Hurricane Investigation.”'

This was a cleanup operation by the dirtbag DOJ/FBI to retrieve documentation of their illegal spying on Trump. They'll bring no charges for illegally handling classified information because they will never meet the required standard of proof.