"It's not theirs, Its mine"

Trumpā€™s Lawyers Again Skirt Question of Declassification in Documents Inquiry

On Monday evening, lawyers for former President Donald J. Trump insisted that he should not have to formally declare in court whether, as he has claimed publicly, he had used his power before leaving office to declassify sensitive documents seized from his Florida home last month.

But on Tuesday, in a separate court filing, Mr. Trumpā€™s lawyers argued that the Justice Department has not proved that those same documents, some of which carry markings indicating the highest level of government secrecy, continue to be classified, coyly hinting Mr. Trump might have declassified them.

Mr. Trump, in other words, wants it both ways: He is arguing that he and his legal team should not have to state in a legal proceeding, where they could become subject to perjury charges or other penalties, that he declassified the documents, while also telling the courts that they should not accept the Justice Departmentā€™s word that they remain classified.

Trumpā€™s Lawyers Again Skirt Question of Declassification in Documents Inquiry

Once again, the three crimes listed as the basis for the warrant used to conduct a search of MaL do not require the DoJ to prove the documents the FBI found are classified.
 

Special master to Trumpā€™s lawyers: ā€˜You can't have your cake and eat it tooā€™​


NEW YORK ā€” The senior federal judge tasked with reviewing the materials seized by the FBI from Donald Trumpā€™s Mar-a-Lago estate sharply questioned the former presidentā€™s attorneys Tuesday during their first hearing before his courtroom.

Judge Raymond Dearie pushed Trumpā€™s lawyers repeatedly for refusing to back up the former presidentā€™s claim that he declassified the highly sensitive national security-related records discovered in his residence.

ā€œYou canā€™t have your cake and eat it,ā€ said Dearie, the ā€œspecial masterā€ picked by U.S. District Court Judge Aileen Cannon to vet Trumpā€™s effort to reclaim the materials taken by federal investigators.


The judge basically said to Team Trump that if it does not want to put evidence forward about the docs in question being de-classified that's fine. But he is ready to rule on whether they are classified and who the docs belong to if they don't.
 
Trump Was Warned Late Last Year of Potential Legal Peril Over Documents

A onetime White House lawyer under President Donald J. Trump warned him late last year that Mr. Trump could face legal liability if he did not return government materials he had taken with him when he left office, three people familiar with the matter said.

The lawyer, Eric Herschmann, sought to impress upon Mr. Trump the seriousness of the issue and the potential for investigations and legal exposure if he did not return the documents, particularly any classified material, the people said.

The account of the conversation is the latest evidence that Mr. Trump had been informed of the legal perils of holding onto material that is now at the heart of a Justice Department criminal investigation into his handling of the documents and the possibility that he or his aides engaged in obstruction.

In January, not long after the discussion with Mr. Herschmann, Mr. Trump turned over to the National Archives 15 boxes of material he had taken with him from the White House. Those boxes turned out to contain 184 classified documents, the Justice Department has said.

https://www.nytimes.com/2022/09/19/...IN_CONTENT_1&block=storyline_top_links_recirc

Ignoring sound legal advice. Who would have guessed?
 
A onetime White House lawyer under President Donald J. Trump warned him late last year that Mr. Trump could face legal liability if he did not return government materials he had taken with him when he left office, three people familiar with the matter said.

Pretty damning evidence.
 

Remember the days when Trump said they were his? LOL! Now he can't say if they were de-classified, when he said they were. What a joke.
The judge will consider them classified since his lawyers refuse to comply.
 

Remember the days when Trump said they were his? LOL! Now he can't say if they were de-classified, when he said they were. What a joke.
The judge will consider them classified since his lawyers refuse to comply.
Dearie seems to be a no nonsense sort of judge. Not good for Don. He was chosen because of his participation on the FISA warrant case after which he was critical of the FBI. Team Trump thought that meant he would look favorably on their idiotic positions. He hasn't.
 

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