Tuesday, September 13, 2022

Tangerine, Trapped -- By His Own Preposterous Lies. Will Aileen Cannon Rule In Accord With Clearly Controlling Law? We Shall See.


The US government has just filed a lethal memo of law, on why Cannon was wrong to order a halt, and why she can easily come into compliance with federal law by granting the DoJ a stay of that errant order.

Do go read all 21 pages -- but it is hard to see any rational person arguing that Tangerine has a property interest in 101 classified documents. Those are "We the People's" documents (or our taxpayer funded intel community, more precisely) -- not his. Game over -- but do read it all:

. . .As already noted, Plaintiff [Donald Trump] has now filed multiple lengthy submissions with the Court that stop short of asserting that he in fact took any of these actions with respect to any of the seized records, including those at issue in the stay motion. In light of the classification markings, official cover sheets, and other indicia of classification attendant to these materials, see, e.g., D.E. 48-1, Attachment F, such possibilities should not be given weight absent Plaintiff’s putting forward competent evidence.

In any event, even if Plaintiff had declassified any of the approximately 100 seized records bearing classification markings while he was still in office, the government’s “demonstrated, specific need” for those records, United States v. Nixon, 418 U.S. at 713, would easily overcome any asserted claim of privilege. For obvious reasons, the Intelligence Community (“IC”) would have a compelling need to understand which formerly-classified records have now been declassified, why and how they were declassified, and the impact of any such declassification, including on the IC’s protection of its sources and methods and on the classification status of related records or information. The Department of Justice (“DOJ”) and Federal Bureau of Investigation (“FBI”) would also have a compelling need to review any purportedly declassified records as part of the government’s investigation into the adequacy of the response to the May 2022 grand jury subpoena, which sought “[a]ny and all documents or writings in the custody or control of Donald J. Trump and/or the Office of Donald J. Trump bearing classification markings.” D.E. 48-1 Attachment C (emphasis added).

Furthermore, the government would need to consider the records’ prior declassification as relates to the application of 18 U.S.C. § 793. See D.E. 69 at 14 (explaining the relevance of classification status in such matters). . . .


Wow. What a pack of idiots Trump has. . . as his lawyers. But it is usually true that if you are a crook, and you are well-known for stiffing lawyers. . . and for throwing them under criminal bus-wheels. . . there are very few who will sign up -- who are any good.

Hilarious.

नमस्ते

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