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Why didn’t the Trump lawyer team’s court filing today include the claim that Trump declassified the documents?

Faun

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Huh, still no links of what the fuck you're talking about that Trump needs to do besides that he IS PRESIDENT you racist schmuck. No links, Lush, EVER

He has to inform others, ya kazzer.

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WorldWatcher

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He has to inform others, ya kazzer.

face-palm-gif.278959

Documents are not "declassified" it is the information in the document that is declassified.

For example lets say that there are 6 copies of a specific document containing specific classified information. One located in the White House, 5 located amongst various agencies which also need the document. In addition there are subordinate documents that contain (either in part of in whole some of the same classified information).

Under a normal process when the information contained in a highly classified documents is declassified (or downgraded) that impacts all copies of the document (it's information, and subordinate documents containing the same information in whole or portions of a subordinate document).

So If the FPOTUS "declassified" a document, he is really declassifying the information in that document. If the FPOTUS, while acting as POTUS, "declassified" the information without telling anyone (either directly or in writing) for that specific document, you end up with:
  • One copy of the information located at the White House being "declassified", and
  • Five copies of the information located at the responsible agencies still being classified as the responsible agencies will not know the information was declassified because the FPOTUS (while POTUS) just mentally declassified the information in his head.
The result is someone could be prosecuted for improper handling of classified material for actions related to the 5 responsible agency documents, but not for improper handling of the exact same document if the source of the document was the White House. By this we are talking about the information in the document and subordinate information which sourced the document which can have even wider reaching impacts.

The national security infrastructure cannot function in a reasonable way if the same information is both classified and declassified at the same time simply because the POTUS chooses not to tell anyone.

Kind of a Schrodinger's Classified document where the same information is both classified and declassified at the same time until someone askes the FPOTUS to find out if he mentally and secretly declassified it without telling anyone while still POTUS. Normal people wouldn't know just be looking at the document.

WW
 

BWK

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Legal experts are tearing the filing part. It’s basically just one big joke. Long on hyperbole and short on legal merit.

However, what’s notable is that his lawyers didn’t include the claim Trump declassified those documents before taking them. Trump himself has said as recently as today he did.

Well he basically know why. He didn’t actually do it lol

It gets worse than that; Trump personally packed a stash of documents returned from Mar-a-Lago, report says. He kept hundreds more until the FBI seized them.
 

Faun

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Documents are not "declassified" it is the information in the document that is declassified.

For example lets say that there are 6 copies of a specific document containing specific classified information. One located in the White House, 5 located amongst various agencies which also need the document. In addition there are subordinate documents that contain (either in part of in whole some of the same classified information).

Under a normal process when the information contained in a highly classified documents is declassified (or downgraded) that impacts all copies of the document (it's information, and subordinate documents containing the same information in whole or portions of a subordinate document).

So If the FPOTUS "declassified" a document, he is really declassifying the information in that document. If the FPOTUS, while acting as POTUS, "declassified" the information without telling anyone (either directly or in writing) for that specific document, you end up with:
  • One copy of the information located at the White House being "declassified", and
  • Five copies of the information located at the responsible agencies still being classified as the responsible agencies will not know the information was declassified because the FPOTUS (while POTUS) just mentally declassified the information in his head.
The result is someone could be prosecuted for improper handling of classified material for actions related to the 5 responsible agency documents, but not for improper handling of the exact same document if the source of the document was the White House. By this we are talking about the information in the document and subordinate information which sourced the document which can have even wider reaching impacts.

The national security infrastructure cannot function in a reasonable way if the same information is both classified and declassified at the same time simply because the POTUS chooses not to tell anyone.

Kind of a Schrodinger's Classified document where the same information is both classified and declassified at the same time until someone askes the FPOTUS to find out if he mentally and secretly declassified it without telling anyone while still POTUS. Normal people wouldn't know just be looking at the document.

WW

And you have zero copies declassified if the president neither marks a copy as unclassified nor informs anyone a document is unclassified.

That's not the case here anyway. The case here is Trump acknowledged he was taking documents he knew were not declassified.

#lockhimup!
 

Delldude

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How is the SM the Trump team wanted supposed to rule on those docs without knowing their status? :uhoh3:
They were given specifics to evaluate, not including 'classified' documents.
 

Delldude

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BWK

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hadit

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Because there is absolutely no evidence that he did. If there was, his lawyers would gladly point to it.
You have to love how rapidly the legal experts sprout online after reading a headline or two.
 

Hutch Starskey

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They were given specifics to evaluate, not including 'classified' documents.
Derp…
Trump must give a reason to have these docs in order for the SM to rule on whether or not Trump is entitled to their return, dope.
 
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Billy000

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You have to love how rapidly the legal experts sprout online after reading a headline or two.
Lol umm okay so why am I wrong about that? Be specific.
 
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Billy000

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I'm not a legal expert so I'm not going to second guess a legal team's approach. That's the point.
Well amateur observations that are blatant can still be made. If Trump publicly asserts that he declassified those documents but his lawyers say nothing at all about it in their legal filings, it’s safe to assume they don’t have the evidence to back it up.
 

hadit

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Well amateur observations that are blatant can still be made. If Trump publicly asserts that he declassified those documents but his lawyers say nothing at all about it in their legal filings, it’s safe to assume they don’t have the evidence to back it up.
Or that they're holding it for the best time to release it. That's the point, I'm not a legal expert so I don't presume to know what is the best strategy and what isn't.
 
OP
Billy000

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Or that they're holding it for the best time to release it. That's the point, I'm not a legal expert so I don't presume to know what is the best strategy and what isn't.
Now is the time to say it. In court is when they prove it. I mean right now they are trying to keep him from being charged. At least raising the point is critical.
 

Hutch Starskey

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Or that they're holding it for the best time to release it. That's the point, I'm not a legal expert so I don't presume to know what is the best strategy and what isn't.
The best strategy is to not steal govt documents
 

Delldude

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Derp…
Trump must give a reason to have these docs in order for the SM to rule on whether or not Trump is entitled to their return, dope.
Already has.....that's why the SM was called for.
 

WorldWatcher

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Let him make that claim in court with supporting testimony under oath, sworn affidavits under oath, or via documentation that such declassification occurred document by documents (which number multiple hundreds of documents if you include the May surrender, June subpoena, and August search warrant). Providing the data, time and location when each documents was declassified.

But neither FPOTUS nor his legal team have been willing to put that before the court.

WW
 

Delldude

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Let him make that claim in court with supporting testimony under oath, sworn affidavits under oath, or via documentation that such declassification occurred document by documents (which number multiple hundreds of documents if you include the May surrender, June subpoena, and August search warrant). Providing the data, time and location when each documents was declassified.

But neither FPOTUS nor his legal team have been willing to put that before the court.

WW
It hasn't been subjected to rules of evidence in a criminal filing as of yet.
Your SM was off the reservation in his demands from Trumps defense team.
 

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