"It's not theirs, Its mine"

[Sixties Fan]

 

[Sixties Fan]

is privileged. Archivist says it is “not a close” question

2. Judge enjoins the entire investigation because some of the material might be subject to Executive Privilege. But Executive Priv isn’t some post-presidential privilege that allows Presidents to keep documents after ...they leave office. At most, it simply means these are Executive documents that must be returned to the archives. It doesn’t in any way shape or form mean they can’t be used in a criminal prosecution about stolen docs...

3. She says the “reputational” harm to Trump justifies a special master. That’s insane–every crim deft has reputational harm. Are we now going to have special masters in every crim investigation?

4. She says the Special Master should screen materials for exec privilege, without ever once explaining what specific material is subject to exec priv, particularly when the incumbent President rejects the assertion. How is the Master supposed to figure that intricate Q out?

5. She says that because some tiny percentage of materials might be privileged, the entire investigation over all the materials has to stop. That’s a bazooka when one needs at most a scalpel.

6. She tries to enjoin the Exec Branch from using these materials in an investigation, but the govt has already reviewed all the materials. It makes no sense.

7. She says Trump suffers irreparable harm in interim, but the only harm she isolates is he won’t have the docs back during the investig. That’s not irreparable, he can get them back later &if they are improperly used to bring an indictment, he can move to dismiss the indictment

8. Her analysis of standing is terrible. Trump wouldn’t own these docs anyway, so why does he get a Master over them? If there is some marginal claim to some attorney client docs, that handful of material can be separately dealt with–you don’t enjoin the entire investig for that

9. Her jurisdictional analysis is similarly awful. She let Trump forum shop for a judge, instead of letting the magistrate judge evaluate these claims. The appearances here are tragic.

That’s just a few of many more problems. Frankly, any of my first year law students would have written a better opinion.

 

[Sixties Fan]

 

[Sixties Fan]

 

[Sixties Fan]

 

[Sixties Fan]

 

[Sixties Fan]

Could the news about Trump, keeping classified information in desk drawers and boxes at Mar-a-Lago get any worse? Of course it can, and I suspect it will continue to do so.

Today’s revelation is the news that some of the documents contained information about a foreign country’s nuclear capabilities: “Some of the seized documents detail top-secret U.S. operations so closely guarded that many senior national security officials are kept in the dark about them. Only the president, some members of his Cabinet or a near-Cabinet-level official could authorize other government officials to know details of these special-access programs, according to people familiar with the search, who spoke on the condition of anonymity to describe sensitive details of an ongoing investigation.”

The designation of material as top secret isn’t some random thing. Top secret means unauthorized release could do grave damage to the national security. Whether these documents involve friend or foe, it’s not difficult to see the layers of damage that Trump could have done here if these documents fell into the wrong hands. It’s not just the release of injurious information, it’s also the damage done to relationships with key international partners. And perhaps worst of all here, is not knowing what Trump did or permitted, intentionally, knowingly, recklessly and or negligently to be done with these documents.

Imagine if Barack Obama had done this. The Republicans would be screaming from the rafters and they’d be joined by Democrats too, and rightly so. In fact, we know this is true, based on the Republicans attacks on Hillary Clinton, who did nothing criminal. Clinton took to Twitter today, in her inimitable manner, to make sure this was understood.

So where are we on the criminal investigation? It is, of course, as you likely are aware, a hash after Judge Aileen Cannon entered an order that ignores the facts and gets much of the law wrong so she can create a special rule for Trump. Judge Cannon’s rule entitles Trump to suspend further investigation involving the fruits of the search at Mar-a-Lago until a special master second guesses everything DOJ’s filter team has done in its review of the seized items.

There are so many things wrong with Judge Cannon’s ruling that it’s hard to know where to begin. Suffice it to say, anyone under investigation with sufficient resources to hire a good lawyer would LOVE to have the benefit of the Trump rule. Who wouldn’t want to delay investigation and throw up roadblocks to prevent law enforcement from completing an investigation? It’s meshugas and Twitter bloomed with examples of just how ludicrous the ruling was.

(full article online)

It Just Keeps Getting Worse

Could the news about Trump, keeping classified information in desk drawers and boxes at Mar-a-Lago get any worse? Of course it can, and I suspect it will continue to do so. Today’s revelation is the news that some of the documents contained information about a foreign country’s nuclear...

joycevance.substack.com

 

[Sixties Fan]

 

[Sixties Fan]

 

[Sixties Fan]

 

[Sixties Fan]

 

[Sixties Fan]

 

[Sixties Fan]

John Bolton offered more criticism of his ex-boss on Wednesday (17 August), asserting that Donald Trump’s White House did not behave like “normal” presidential administrations and admonishing him over the alleged improper removal of classified materials from the West Wing.
“He didn’t need to sneak it out of the White House,” said Mr Bolton. “From all we can tell, he never made any effort to ask. And I think that’s part of the problem.”
The former White House official went on to condemn what he characterised as a hyper-partisan environment under which the DoJ is being forced to work.
“We live in very unusual times, and I’m worried that the [DoJ] is under such pressure now, pressure from the president’s party to prosecute, pressure from Trump supporters not to prosecute, it’s left the department in a very, very difficult position.”

 

[Lesh]

The former White House official went on to condemn what he characterised as a hyper-partisan environment under which the DoJ is being forced to work.
“We live in very unusual times, and I’m worried that the [DoJ] is under such pressure now, pressure from the president’s party to prosecute, pressure from Trump supporters not to prosecute, it’s left the department in a very, very difficult position.”

As big an asshole as Bolton is, he's correct here.

Garland is being VERY cautious

 

[Sixties Fan]

 

[Sixties Fan]

2/2 think that with this? Compromising sources & methods of collection leads to long term damage to our security, compliments of the guy who blathered about making America great again.

 

[Sixties Fan]

Any docs that are from agencies or WH are government docs and he can’t get those back, even if not within the warrant. The only category of docs potentially for return are att-client material and personal docs outside of the warrant’s terms. A tiny subset. Just have SM do them.

 

[Sixties Fan]

LOSS OF INTEL MEANS A RISK OF LOSS OF LIFE. Sharing among intel agencies is vital to protecting Americans here and abroad. Words from Biden Administration will be important for them to hear, but they will look at actions. Trump's actions. And have second thoughts.

 

[Sixties Fan]

 

[Sixties Fan]