Wednesday, September 21, 2022

Just As We Said, Aileen Cannon's Goofy Order Is Stayed, While The Appeal Works Its Way Through The Eleventh Circuit.

This means, unsurprisingly, that the FBI and DoJ may continue the investigation, present evidence to the grand jury -- and formally indict Donald Trump on a series of 20 year felonies. . . just as we said.

This is very likely to be all over, before the last brief in the Eleventh Circuit is filed. Trump will be indicted, and fighting a series of up to 101 18 USC § 793(e) charges, that each carry 20 year sentences. Couldn't happen to a nicer guy. Here's that stay order, signed by three Judges; two of whom were appointed by. . . Donald Trump (how'za 'bout them apples!?):

. . .For our part, we cannot discern why [Donald Trump] would have an individual interest in or need for any of the one-hundred documents with classification markings. Classified documents are marked to show they are classified, for instance, with their classification level. Classified National Security Information, Exec. Order No. 13,526, § 1.6, 3 C.F.R. 298, 301 (2009 Comp.), reprinted in 50 U.S.C. § 3161 app. at 290–301. They are “owned by, produced by or for, or . . . under the control of the United States Government.” Id. § 1.1. And they include information the “unauthorized disclosure [of which] could reasonably be expected to cause identifiable or describable damage to the national security.” Id. § 1.4. For this reason, a person may have access to classified information only if, among other requirements, he “has a need-to-know the information.” Id. § 4.1(a)(3). This requirement pertains equally to former Presidents, unless the current administration, in its discretion, chooses to waive that requirement. Id. § 4.4(3).

[Donald Trump] has not even attempted to show that he has a need to know the information contained in the classified documents. Nor has he established that the current administration has waived that requirement for these documents. And even if he had, that, in and of itself, would not explain why Plaintiff has an individual interest in the classified documents.

[Donald Trump] suggests that he may have declassified these documents when he was President. But the record contains no evidence that any of these records were declassified. And before the special master, [Donald Trump] resisted providing any evidence that he had declassified any of these documents. See Doc. No. 97 at 2–3., Sept. 19, 2022, letter from James M. Trusty, et al., to Special Master Raymond J. Dearie, at 2–3. In any event, at least for these purposes, the declassification argument is a red herring because declassifying an official document would not change its content or render it personal. So even if we assumed that [Donald Trump] did declassify some or all of the documents, that would not explain why he has a personal interest in them. . . .


Prepare to be indicted, Tangerine.

नमस्ते

6 comments:

Anonymous said...

I think a Yodi or Obi-Wan picture is needed (or maybe Darth?): https://www.washingtonpost.com/national-security/2022/09/22/trump-hannity-declassify-documents/

Anonymous said...

Back to drugs. Learned something new yesterday. The Park Doctrine. United States v. Park : 421 U.S. 658 (1975)

There are some people this might be applicable to.

condor said...

Thanks, Anon. -- I confess: I am truly struggling with this one.

It is exceedingly difficult for me, this morning, to find any humor in a former CoC's assertion of plainly "Vlad the Impaler" powers. . . . even if they exist in his addled mind, only. [As his know-nuthin' followers will believe it is a real thing.]

Moreover, in any event, even if he had that power (he didn't) -- the charges under 18 USC § 793(e) cannot be defeated by any claim of declassification. That offense (at 20 years per up to the 101 documents, or ~2,000 years) is simply possession of national defense information outside a secured facility. [Like. . . in his office, at Mar-A-Lago.]

But I am at work on it, since 8:30 am this morning. . . smile. See the new masthead.

I likely won't give his incendiary Hannity remarks any oxygen, here with a new post.

Namaste.

condor said...

Hey Anon. 2 -- great one. Park is well-worth our time, too!

Thanks.

Anonymous said...

And she quietly (and briefly) amended her decision: https://storage.courtlistener.com/recap/gov.uscourts.flsd.618763/gov.uscourts.flsd.618763.104.0_2.pdf

condor said...

Hey Anon. No. 1, this is a great tidbit.

If I may. . . I'd uncharitably read as she is plainly smarting, from the very blunt dressing-down, of her "reasoning" and "analysis" skill-set. The Eleventh Circuit last night came very close to asking her. . . if she could even READ the English language, let alone understand the content of the federal law right before her eyes.

The per curiam panel (2/3rds Trump appointees!). . . concluded she didn't really read what was right before her own eyes. Humiliating.

So, this morning, she says (to save some tiny bit. . . of face!) "Oops!, Nah -- those 101 or so documents bearing big red flags and stamps all over them? Those are excluded entirely -- they BELONG to the government, without question. . . ."

The funny /ironic part of all that is that Judge Dearie, sitting as a Special Master essentially said the same, from the bench in the first half hour of his hearing on Tuesday. [She's just now trying to catch up to people who plainly can read federal law.]

And now, the Eleventh Circuit has told the FBI and DoJ they are free to use all of the 101 documents. . . to indict, if the grand jury deems it reasonable to do so.

Thus, Aileen Cannon's act is. . . more or less a side-show carny offering, now. Barks loudly -- to try to get people into her tent, to pay attention. . . but the crowd has moved on. . . to the grandstands, over by the rail yard. . . to watch a Tangerine Train Wreck unfolding.

Great, great stuff. . . and history being made, in real time. Almost more profound than the history made as Nixon resigned in disgrace.

Wow.