First, a follow-up. In further support of CTH view of the Trump legal strategy, a bolstering prior media notation is worthy. In regard to the intent of the Trump -v- Clinton lawsuit a lawyer for President Trump told media: “Habba later said she might appeal the decision, and also that Trump had told her that the case would ultimately not be a winner and she should just drop it. “I said no. We have to fight. It’s not right what happened. And you know, he was right.” {source} This expressed perspective from Trump -via a member of his legal team- supports our contention that creating the lawsuit as a vehicle to legally share documentary evidence and establish a silo (attny-client privilege) was the goal, not the actual outcome of the lawsuit itself.
Remember, the DOJ National Security Division (DOJ-NSD) was created by Barack Obama and Eric Holder to weaponize a relationship between Main Justice (DOJ) and the Intelligence Community (IC). Within this structure, the Office of the Director of National Intelligence (ODNI) now used their newly created agency to monitor domestic political opposition under the guise of domestic threat surveillance. [The Eye of Sauron]
Within the system they created, the DOJ-NSD collaborates with the newly established authorities of the DNI, which includes their unilateral authority to define documents they consider “classified.” The intent is to conduct lawfare against the domestic target while both agencies shield their efforts under claims of national security.
That is the encapsulated modern mission and relationship between the DOJ-NSD and the Intelligence Community (ODNI). These are the two main pillars of the corrupt national surveillance state that exist based on collapsed oversight, as a result of ideological support from the Senate Select Committee on Intelligence. This is the weaponized fourth branch of government.
Now we turn to today. Lawyers for President Trump submit a responsive filing to counter the DOJ effort to stay court order for a ‘special master.’ [Motion pdf Here].
The position of the DOJ-NSD, a position that should be considered in alignment with the ODNI, is that no outsider should be permitted to review their work product. The DOJ does not want a court appointed special master to review what they are unilaterally declaring as “classified national security documents.”
The current legal position of Main Justice aligns with the fundamental precept of their corrupt lawfare creation. In latin it would be “Lex est quod dico,” the law is what I say it is. In the view of the current DOJ-NSD and intelligence apparatus represented by the ODNI, the classifications of Trump documents are what we say they are. They will accept no outside scrutiny from the courts or others upon their arbitrary evaluation. Yes, Lawfare is that arrogant.
The attorney’s representing President Trump dismisses the notion of an omnipotent Main Justice being able to make arbitrary determinations and definitions to suit their Lawfare interests. The people running the DOJ-NSD are not “inviolable”, or above reproach.
As we noted yesterday, in order to protect the documents held at Mar-a-Lago from the corrupt intent of the DOJ to confiscate and bury them, Team Trump built a framework for legal review of the documents as well as silos using attorney-client privilege.
Calling the Lawfare agents and ODNI operatives “bureaucratic components” of the executive branch is likely to make them big mad. From the perspective of the DOJ-NSD ideologues, how dare Donald Trump question the authorities of their power. However, if you peel all the skin from this legal ruse, President Trump’s lawyers hold the accurate viewpoint.
[PDF of court motion Here]
(Via Wall Street Journal) – WASHINGTON—Lawyers for former President Donald Trump pressed a federal judge to allow an independent attorney to review all of the documents the FBI seized in its search of Mar-a-Lago, including those marked classified, saying they didn’t trust the Justice Department to accurately represent what was in them.
“The Government has not proven these records remain classified. That issue is to be determined later,” Mr. Trump’s lawyers wrote in a Monday morning filing to U.S. District Judge Aileen Cannon, who last week ordered the appointment of a special master in the matter.
They disputed the status of around 100 documents marked as classified, which the Justice Department had signaled were central to a criminal investigation, providing their most specific arguments yet to counter prosecutors’ request to continue evaluating the documents for national-security concerns.
“In opposing any neutral review of the seized materials, the Government seeks to block a reasonable first step towards restoring order from chaos and increasing public confidence in the integrity of the process,” the Trump legal team said.
Separately, Mr. Trump’s lawyers and prosecutors later on Monday are expected to comment on each others’ candidates for the special-master role. (more)
Well, “this was precisely why(!) the concept of a ‘Special Master’ was first invented!”
Specifically: to “objectively inform the Honorable Court” regarding matters that “the Judge thereof” might otherwise not be privy to, due to “national security” nor any other legitimate(?) reason.
Precisely(!) to counter … situations precisely like this one.
—
“The US Department of Justice” cannot(!) be unaware of this mechanism, having voluntarily invoked it many times …
… In prior cases to which it has been a party … but perhaps not yet then a political(!) party.
🇺🇸 Mike Davis 🇺🇸
@mrddmia
President Trump’s legal team filed an excellent legal brief, calling out the Biden Justice Department’s political charade.
Team Trump is firing on all cylinders.
Trump clearly has the winning legal arguments.
This is going to backfire–badly–on Biden.
–SNIP–
P.S. “Presidential records” include documents “created or received” by the President and his staff.
Guess what this includes?
Documents the President receives from government agencies.
Classified or non-classified.
See 44 U.S.C. § 2201(2).
Game over, Biden.
Continue reading full thread…
https://threadreaderapp.com/thread/1569334816843128832.html
Reveal it.
Review it.
Shine a light on it.
Let’s see who is trying to obfuscate and hide their lying, scheming 👀 eyes!
Yes exactly!
They’re making a case for this to be dismissed outright.
Just ask Kilmeade..
I THINK we would rather it NOT be dismissed outright, as having the process ‘play out’ furthers OUR goal of shining sunlight, and counters THEIR goal of trying to conceal.
Two acts of the DOJ-NSD that are yuge errors, were inserting themselves as Defendants in the RICO case against Hillery et al, and the MAL raid.
Both are so boneheadedly stupid that the only conclusion I can come to is they were “forced errors” they percieved they had NO CHOICE, and no other option.
A team thats 3 touchdowns ahead, with 5 minutes on the clock, doesn’t throw a hail mary pass, on 4th down.
They are NOT winning, they are losing on all fronts, both in the U.S. and Globally.
It is a constitutional issue as to whether the classification authority of a President is superior or inferior to those “bureaucratic components“ of the executive branch.
Seems like as long as SCOTUS is indeed making decisions based on the Constitution, there is no other decision than that the authority of the president is superior and not inferior, since he IS in the Constitution, very specifically, and those “bureaucratic components” are not.
Read the PRA. Judge Amy Bergman Jackson back in 2012 ruled that POTUS has sole providence to declare whatever they want as personal records. Secondly, there is no bureaucratic organization that can override the POTUS authority to declassify anything they want to declassify. POTUS has plenary power. Game, set, match!
It is game, set and match assuming that the Congress and judiciary adhere to the constitution. But if they do that many of them will lose their jobs and some will go to jail.
This “Constitutional Issue” has already been decided in Navy v. Eagan.
“The President of the United States” is(!) “The Executive Branch,” as defined by the Constitution. Therefore, the authority of every one of these “bureaucratic components” is derived from him and therefore subject to him as … sovereign.
This, this right here.
Those Executive Branch agency malcontents fail to understand one vital thing as outlined in the first sentence of Article 2, Section 1: “ The executive Power shall be vested in a President of the United States of America.”
Their power/authority is derived from the President’s. The President holds all the cards.
NO it is not.
The president being the Originating Authority is LEGISLATED Law, by the Congress.
…and as stated above the President is the Executive Branch with a cabinet and agencies packed around him with the joint consent of Congress, to assist the President’s Execution of Laws passed by Congress.
The lawsuit helps protect the existence of the incriminating documents by exposing them to more protected parties and making it more difficult to lose or destroy the evidence by the doj fbi. Any inventories taken of the documents may increase that protection for later use in criminal and sedition investigations.
It’s rather cute how you think obummer and holder were the masterminds behind weaponizing the Feds and not just puppets of the tribe.
Exactly why I take issue with those who would blame other groups rather than the specific individuals — the globalists — involved in this totalitarian takeover.
Their minds are too limited to be classified as masterminds.
However, with the doofus b.s. tactics of late— it is difficult to believe anyone with a superior intellect could have devised what has transpired of late.
This is insane!
I’m sorry but you are wrong. While Ovomit might be lazy, he is a very good community organizer & is capable of masterminding something once his small brain is focused on the right policy.
Holden, OTOH, is a mastermind in identifying an issue & politicizing it.
Whether or not they were acting in lockstep on their own initiative or were puppets following someone else’s orders, doesn’t really matter because the results were going to be the same in either case.
BUSH built the foundation for the weoponisation of the FBI, during his term, and I do not believe it was accidental, or “unintended consequences.
Patriot act, Mueller, Weismann and Comey taking over FBI and establishing policies to screen all agents for ideology, sighning MOU with CIA to enable FBI to access NSA database, while establishing a CIA Station in d.c. (DOJ/NSD) ALL took place during BUSH admin.
“…if you peel all the skin from this legal ruse, President Trump’s lawyers hold the accurate viewpoint.”
Now they need the courts to agree.
These cases will likely need to go to the US SupCt.
It seems to me that neither the judge nor a special master could have superior authority to the constitutional designated authority of the president president to determine what is classified in this case.
Therefore it follows that the only Arbiter of what is classified in this case could be the Supreme Court.
Also, let’s keep in mind that we are only in this position today due to the incredible corruption that exists amongst our Congress and our judiciary who fail to provide oversight on the corrupt Intel community. If Donald Trump were to prevail and the nation were allowed to see everything that happened it is very likely that hundreds of top congressman and judges along with the entire community would lose their jobs at the very least.
By keeping this evidence away from the public the congressman, judges and intelligence community are obstructing the general election.
Correction: ….along with the entire intelligence community…..
It would appear that the original judge, who will be appointing the Special Master, could rule right now that the President has and already did have the authority over unelected deep state commies in determining secret classifications. Since PDT, as President, already declassified all of the trash the doj/nsd is attempting to hide, the Special Master is not under any more restrictions in reviewing these documents than any other member of the public
This, its why I said previously- stop buying into the narrative, these are not classified documents. They were previously declassified via Presidential memo.
I think that is the argument. but there is more to it.
issues: (none are trivial)
a. does a former potus have exclusive “forever” powers over declassification, or can a current POTUS using the same exact constitutional powers unwind the former power? That is to say, can the malarkey regime re-re-classify these documents? See the problem..(this goes to scotus)
b. a special master does indeed have a role here and it is not limited to determinations of priviledge but it SHOULD also include reading in the fully unredacted affidavits ALL 302’s and all internal communications of the DOJ that were used as predicate for pursuing probable cause. What IS the probable cause. What did the DOJ do to originate this predicate..On what basis.? Perhaps Judge Cannon makes this determination, but the special master (possibly even a second special master focused exclusively on that part of this matter), must include the “pretext” to the investigation. Why? As Judge Cannon has written earlier, the warrant and wide and broad scope is unprecedented and goes to not only 4th amendment issues, but those specifically linked to presidential powers.
c. And then finally, we have trump vs. clinton (has it been dismissed already? I really do not know…an appeal is certain to happen). In that case (and all future cases team trump legal may launch *and should*, this issue of declassification, privilege and also unredacted cross fire hurricane documents (and other materials related so far UNKNOWN TO ANY COURT OR EVEN THE PUBLIC) so that the future courts may read in on these materials and have them recorded as evidence of criminal activity.
if this is baseball, this is still the first inning.
but as I pointed to be prediction (also in this thread), team trump legal must realize that the corrupt central state will never allow the courts to use these declassified materials as evidence of criminality. It’s just not going to happen. The courts will simply not be allowed to open the books, not even in skif like limited fashion. Lawfare should never be underestimated in terms of its power of influence over the courts. It will win, because it has the power of the current POTUS, the executive office itself driving the car. If joe malarkey decides to excercise his executive unilateral power to re-re-classify these materials, he can do so. For exactly the same constitutional authority that President Trump exercised it. The current regime OWNS THE 4 ACES.
however, it does not hold the royal flush.
with one bold move team trump legal can run the table.
Leak it
or die
it’s just that simple
God Bless America
I suppose Biden could re-classify documents, IF he knew what those classified documents were. Look at the MAL search warrant, just a general description of documents. All government docs have an Originator and a Date-Time-Group (CIA WASH DC 0001Z11SEP22 for example) or a serial # or both, to ID them.
The warrant was an unconstitutionally general warrant because they don’t know what Trump has.
Just a blanket assertion of “classified documents” probably won’t cut it in a court of law.
noting: the “classified material” of cross fire hurricane is absolutely KNOWN by the DOJ and FBI. Do not be confused about this matter. The “raid” was performed not to retake documents the DOJ does not have or have knowledge over.
they KNOW EXACTLY WHAT THOSE DOCUMENTS CONTAIN: criminal evidence!
the broad warrant/4th/executive power/attorney client protections are legal arguments for the courts and are non trivial.
but to the matter of whether DOJ has knowledge about the criminal evidence contained in ANY OF THESE MATERIALS: they absolutely know about all of that.
Durham was set up specifically TO establish an “active investigation” firewall to prevent these materials from being known or used in any other court. The “durham investigation” will be the longest running active investigation that will eventually lead to (if not already) a natsec assessment that rules all of these materials are subject to the highest protected secret status…not even allowed viewing by a court.
prediction: IF (big IF), the DOJ appeal is rejected and a special master IS established, the DOJ will then proceed to block submitting ANY redacted material based on a blatant classification ruling made by the ODNI.
reminder: Judge Cannon DID NOT DISSALOW THE NATSEC ASSESSMENT FROM CONTINUING. That hangs in the background. We know what the natsec assessment will advise: redactions and entire sections are to be blackholed, not even permitted in a court hearing or grand jury. Durham has probably already done that btw. (just not announced it..it was probably the very first order of business when he was sworn in by the deputy ag). meaning: DOJ will argue that there is not only an ongoing active investigation into this matter but that a natsec assessment has been made, with FULL POTUS EXECUTIVE EXCLUSIVE POWER to re-re-classify them to the very highest black hole status.
how does one get around this? (because these things will happen):
leak it
it’s the only way to overcome the wall that has already been built around the damning material.
DOJ will only provide those materials that promote the evidence they want to courts to deal with…the damning evidence of criminal activity (read: conspiracy) will be backholed.
count on it!
think of it this from this perspective:
when congress found out they were being spied on during the CIA torture interrogation investigation , the FBI/DOJ simply refused to provide the materials that would prove the extent of it (read: the criminal aspects – motive, intent, materiality) How did they do this: they simply placed the material unreachable even to congress by classifing the damning evidence to the highest levels.
and what did congress do about it? nothing…
did not even think about leaking it to the media either as a backdoor method to expose the criminal actions.
I don’t wonder why they were cowards. I know them to be cowards. The secret police spy state CONTROLS congress.
jmho
God Bless America
If a successor president can reclassify documents, you necessarily set up an ex post facto situation, and we know that is not allowed. Courts have already ruled that once declassified, always declassified.
The question is whether or not Trump declassified all the documents in his possession. Kash Patel says he did. We’ll see.
The lesson is never, ever cooperate with the FBI or DOJ. Take the 5th. Always make them get a warrant.
The power of the President in this matter is “plenary.” President Trump said that he declassified the documents. By the very act of saying this, he caused the documents to become declassified. He is the only person on earth who can do this, and he did. He does not have to “write a memo” nor memorialize his action in order for it to be legally effective.
I think in “certain specific circumstances” courts have ruled that declassified materials MAY remain declass.
but in fact (and from my own personal military experience for instance), there are many ways and bona fide reasons that formerly declassified materials have in fact been re-classified. No courts required. It’s basically a thing that even a future classification authority (principal) can do based on a variety of concerns not fully recognized at the time of declass.
as to the “ex post facto” situation, yes my point exactly.
which is why I predict this very issue goes to scotus.
there MUST BE some situations where a current potus can reestablish classification using the same powers of the former….
but this is a special situation, given it is completely novel, and there does not seem to be a predicate for it.
noting: the declass material is bound to President Trump who has asserted the material is evidence in at least one case: trump vs clinton (I will presume there will be other cases).
So in this situation, it is not only the potus powers conundrum, but also an evidentiary aspect.
with two major components: presidential privilege AND attorney client protections.
jmho
God Bless America
I respectfully disagree; lawfare HAS been succesful against others, (Cohen, Manafort, etc.)but never against PDJT.
This is because those others were, in some way compromised, even if “only” process crimes, PDJT isn’t, and the many investigations that have come up empty affirm this.
In order to release the documents, he can NOT do it by leaking.
He needs; A) public attention focused ON the documents, so they can’t be memory holed.
B) they need to be AUTHENTICATED, so they can not be dismissed as Russian disinfo.
C) The PROVINENCE needs to be established, beyond a doubt. To wit, the question of classification/declassification needs to be conclusively resolved, so espionage act can not be invoked, either legally OR “in the Court of Public Opinion”.
Additionally, that PDJT has legal “right” to possess and therefor “make public” these documents ALSO must be established.
All of this may well be accomplished, as a result of these legal cases “playing out”, both the RICO case, and the MAL raid and 4th amendment cases.
This STILL leaves the issue of if PDJT releases the documents, can they make the case, either legally or in the Court of Public opinion that by doing so he is “Obstructing” the fake Durham investigation.
I think, if these OTHER roadblocks are removed, people seeing the documents will self-evidently see he is NOT Obstructing Durham, …as it will be obvious Durham has HAD access to all these documents for 2+ years, and DONE NOTHING.
And, ideally all this will transpire and be resolved PRIOR to Nov. 2024.
THEIR narrative of “Insurrection” is ‘Trumped’ by his narrative if “soft coup”.
Whether or not a particular document is classified or has been declassified is a question of fact, which is decided by the trier of fact. In this case, that would be the judge. The judge applies the governing statutes in making that determination. If the judge misreads the statutes, then that becomes a question of law, which can be appealed (usually only on the final decision) by right to the federal court of appeals (11th circuit).
SCOTUS only rules on questions of law, and only as to those cases it chooses to accept by granting certiorari.
So SCOTUS in the normal course will never be deciding whether any particular document is or is not still classified.
Yes… but SCOTUS could rule on whether the POTUS has the unique exclusive right to declassify docs and declare them personal records as/similar to the ruling of Judge Amy Jackson in the 2012 PRA case brought by Obama.
Yes. But it has to get to SCOTUS. That means that either it gets fast tracked in some way, which sometimes happens (Bush v. Gore), or the judge makes a ruling, one of the parties appeals on an interlocutory basis, as is happening with the special master review, a standard 3 judge panel is assigned to hear the appeal which is then set in on the regular 11th circuit docket, the record is transmitted up, the case gets briefed (now we are up to 6 to 8 months into the process), arguments are held, the panel meets to vote, a judge is assigned to write the decision, the law clerk writes the initial draft, the judge circulates the draft opinion to the other two judges, maybe one writes a dissent, the final decision is issued, the losing party files for an en banc of the whole 11th circuit, all the judges on the 11th circuit vote whether to sit en banc, the whole case is re-argued, the whole 11th circuit votes on which way to rule, a new majority opinion is drafted and circulated, dissents are written, months later the opinion finally is released, the losing party files a petition for certiorari after a certain time period, SCOTUS votes on whether to accept, the record is transmitted, the case is briefed . . .
Years have passed.
The Supreme Court already did make this ruling, in Navy v. Eagan. The power to classify and declassify is vested in the President by the Constitution, and it is a plenary power. It is literally the case that, by merely saying that a document is classified or declassified, it becomes so at that instant. It is not up to anyone else – it requires no piece of paper and no consent.
The President retains the highest level of security clearance and is entitled to regular national security briefings even after leaving office. However, the FBI agents who walked out with those materials and pawed through them did not. If the documents were classified as they suggest, they just broke the law.
.
Wondering… why it would be up to a judge to decide if the sole person who represents the executive branch of government is obligated to follow a subordinate’s rules regarding how something gets declassified.
(What I am saying is that I do not think this is a question of “fact” but of “law”.)
.
In Navy v. Eagan the Supreme Court affirmed that this power is vested in the President by the Constitution itself. He alone does not have to play by any rules: he is “the rules.”
SCOTUS generally restricts itself to cases with CONSTITUTIONAL questions.
SOME cases are INHERENTLY Constitutional, and get “fast-tracked” such as States sueing Fed Gov or one sueing another.
Can a sitting POTUS waive Executive Priviledge for a former POTUS, as well as classification authority, are inherently CONSTITUTIONAL questions, some of which have NEVER occurred before, and so I think will inevitably be heard and ruled on by SCOTUS.
When they are determined to be Trumps documents he still cant release them because of the ongoing Durham investigation. So when Trump wins in 2024 he will have to pardon everyone Durham is after so he can release them to the public and then clean house.
I am not convinced pardoning “everyone/durham investigation” gets you to any of that.
quite plainly, IF President Trump becomes President in 2024 (I believe he will to be clear), he can simply ORDER the material declassified and released openly to the public. He would have that power. Exclusively. It would invite risk, impeachment, attacks, but we’ve been down that road before.
My point is this: President Trump has the power to big foot EVEN THE DURHAM INVESTIGATION, which I will predict will be ongoing until most of us are long since pushing daisies. A President can use extraordinary powers to do these things. It would of course come down to a legal argument about separation of powers, but he could do it and let that matter resolve itself…and meanwhile the entire world gets to read what the DOJ and the corrupt secret police spy state has been up to. It would be by far the most important and consequential decision and action ever taken by a president of the united states. But he could do it.
In fact, President Trump could do something similar and get the same results RIGHT NOW:
just leak it.
drop off a laptop at a computer repair shop. And forget to collect it. It’s been done before. Honest mistake.
contains declassified material, fully unredacted, but areas where real tradecraft and innocent people not subject to allegation of wrong doing curated…that part is important to address even in a leak. leaking fully unredacted classmat would be the very worst possible move by ANYONE. That puts you on the kill list and your family and your friends. One would not want to cause harm to otherwise innocent lives who were not participants of this conspiracy. One would not want to injure the legitimate secretive methods of tradecraft either. (this is what got snowden and reality winter in trouble. leaking damning evidence of a crime is one thing. exposing the exact means of intelligence gathering and the people who do it and how is a very very bad idea. (noting: this is not to be construed as the same conflated arguments made by DOJ…obviously. )
I believe team trump legal should find a way to leak it. Do it now and force it into sunlight. This act would be recognized an unlawful and even perhaps obstruction and even perhaps 18 usc 1903 (espionage).
ultimately the sunlight is not going to happen in the court system…it has been a failure and the predictable outcome of this case and all similar to it going forward up to and including scotus interpretations are not going to realize the VERY THING NECESSARY TO ADDRESS WHAT HAS HAPPENED AND WHAT CONTINUES EVEN TO THIS DAY: there was a conspiracy to commit unlawful excercise of power. it was a coup. It was treasonous in nature and criminal in conduct. All provable.
courts will never address this. The corrupt central state will never allow this to happen.
the ONLY way to break through this enormous power of the corrupt is to simply leak it out…full sunshine.
but with intelligent redactions/curations, to protect the kinds of things worth protecting that have nothing to do with the specific conspiracy.
jmho
God Bless America
Or, perhaps, Jotato’s info, not classified, but embarrassing, could be leaked.
“The Supreme Court” has already decided, in Navy v. Eagan, that the President possesses plenary powers about any such matters – powers granted to him by the Constitution itself.
In short: “If The President says anything …”
But, “we already know that.”
“Observe, now, the game of chess“ that these lawyers are now playing out. In their latest filing, they have already introduced this aspect of “plenary power,” yet they deliberately do not now introduce it into the latest decision that they request of this Judge.
“Poco a poco …”
“Bishop to King’s Night Five … Check.” ♔
I still question the prevailing view that the I/C is the top dog, with Congress their bitch.
I think Congressional leadership is McConnell (with the rest of the G of 8 subservient hacks) and he directs the SSCI, who in turn direct the I/C.
Hence it is NOT that the I/C isn’t providing oversight to the I/C, or that Congress created a frankenstien monster it can’t control, at all.
McConnell, like Sauron, does NOT share power.
Nor have I seen any evidence indicating he is subservient to, or blackmailed by the I/C.
JUST IN: DOJ says agrees that one of Trump’s special master picks, Raymond Dearie, is an appropriate choice.
https://storage.courtlistener.com/recap/gov.uscourts.flsd.618763/gov.uscourts.flsd.618763.86.0.pdf
That should scare everyone.
Does me
Going out in a limb here, and taking nothing away from the other judges proposed to be Special Master, but DOJ wd be wise to agree to Judge Dearie on the Trump list – and I bet DOJ will. He is a beloved judge in the EDNY- absolute integrity and fairness.
This is horrific- anybody Weissmann likes is going to be absolutely horrible
I see it as taking lemons and making lemonade. Yes, it’s a red flag that the DOJ agrees, but the DOJ can’t attack him based on “people WILL DIE classified material” given they trusted him with it on the FISA court.
What will make that lemonade sweeter is that Dearie will come to clearly know how the DOJ/FBI treated the FISA court and lied to them, or how they manipulate the court.
As I read the earlier link about appointing Masters, I understand Trump still has the ability to argue his position on why these documents should be considered privileged if the SM is thinking otherwise.
…and in the end, Trump will still get a copy of the Special Masters report.
Might be a ruse. Maybe they are more anxious about Dearie and hope to trigger a reflex on the Trump side. Just pick the best one.
It’s not the DOJ’s decision.
I am well aware of that.
Dearie gets the DOJ nod makes me shudder. And not reflexively.
why?
as a former FISA court judge, now acting (assuming he is selected) as S/M, means that any future case involving President Trumps’ legal interests in pursuing specific fisa warrant applications (affidavits, dubious sources, possible other klinesmith type activity, and even revealing who carter page really is, calls a serious question?
can a special master in a case such as this, be later called as a witness in a future case involving the FISA court transaction of cross fire hurricane and any other predicate action?
seems to me that one POSSIBLE reason why DOJ seems willing to allow dearie is that his role as S/M takes him out of any future case involving cross fire hurricane?
and to that very issue this: would it not be plausible and quite likely highly probable that Durham interviewed Dearie..? Meaning IS Dearie a player in an ongoing investigation?
perhaps DOJ is gleeful on this selection, because they will use that later to deny him as a key witness in a even perhaps the trump vs clinton case?
is the Team Trump Legal concerned that placing him as S/M might create a conflict that disallows him to take the stand in that case or any future case where his testimony as a FISA judge would be useful drilling down exactly what happened and how it happened that the FISA court was “tricked?”
maybe that’s the angle…having weissman chime in, immediately got my attention.
Can a S/M who has the legal responsibility to determine privilege in a case involving natsec be legally able to testify in a future trial involving that very abuse of natsec surveillance power?
hmmmm..
God Bless America
NEW: Judge Raymond Dearie — one of Trump’s two suggestions to be special master, & whom DOJ indicated it would be okay with being special master too — approved the 4th & final FISA against Carter Page (which DOJ later determined was invalid surveillance).
What in tarnation?” ! !!! ???
I found that on ballotpedia when the names were first released. P45 Team has to know.
🙄 great.
Makes me a little uncomfortable, but…
Probably no indication on the judge, because the DOJ lied to the Fisa court about evidence.
In fact, maybe it makes this judge double leary of the DOJ.
Maybe he was really pissed off when he found out he had been lied to by the FBI when he signed that warrant and maybe he has been vocal about it?
Actually… that makes me nervous.
Sundance, you are getting a shoutout for your work on Truth Social by President Trump.
Well deserved!
https://truthsocial.com/@realDonaldTrump/108986084016201781
🌈🏆
🪅🎈🎊🎉
Is it possible for someone to post the text of PDJT’s Truth? I am unable to access.
https://truthsocial.com/@realDonaldTrump/108986084016201781
realDonaldTrump’s post
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Donald J. Trump
@realDonaldTrump
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theconservativetreehouse.com/blog/2022/09/05/federal-judge-notes-in-special-master-order-a-quoted-doj-citation-that-joe-biden-ordered-fbi-access-to-mar-a-lago-documents/
excellence commands respect!
As nate diaz sed ” I ain’t surprised..something something”
“WE DON’T FLINCH”
Sundance, Aug 2022
“In opposing any neutral review of the seized materials, the Government seeks to block a reasonable first step towards restoring order from chaos and increasing public confidence in the integrity of the process,”
The public lost confidence in the integrity of the process a long time ago, even if Trump wins, I doubt it will be restored anytime soon in the eyes of the public.
It might have been better if Trump had stamped all those folders as, “Declassified”.
But then we (the Public) wouldn’t be getting the benefit of all this sunlight bathing the cockroaches and their corrupt schemes. There is a method to this madness, IMHO. It’s like a movie.
So, did anyone else notice the Trump Team’s trolling of the Fabian Socialists, right there on Page 1?
“Order from chaos.”
You don’t say? Interesting choice of words.
Yes, that was good. Brought a smile to my face. A smirk, actually.
L’etat profound c’est 0bama!
May I suggest that the FBI, while currently protected by congress and the courts, should be dismantled by the proverbial “death by a thousand paper cuts.”
Warner, Warner the little socialist who cried Wolfe.
The more one considers….the more humorous it is that the SSCI cannot legally know, nor find out at the moment what documents President Trump was/is holding. Can you say sweat? It almost unfolds as an extremely well planned attack, a blitzkrieg upon DOJ/IC/SSCI.
Popcorn anyone?
BREAKING: In a filing late Monday, the Justice Department agreed to one of the choices for a special master put forward by former president Donald Trump to review documents seized from Mar-a-Lago.
Judge Raymond J. Dearie, who was one of two choices submitted by Trump’s legal team, would review all of the documents if Judge Aileen Cannon approves the pick. Cannon had previously requested that both Trump and the Justice Department offer up candidates to serve as special master.
I sure hope President Trump’s legal team knows something about this guy that the DOJ villains do not!
Yeah, I’m always concerned when the DOJ agrees to something recommended by Team Trump.
All I know is he is a Reagan appointee.
MAGA!!! LOVE this article, LOVE the action from Team Trump!! 🇺🇸🇺🇸👊👊👊
MAGA!!! LOVE this article, LOVE the action from Team Trump!! 🇺🇸🇺🇸👊👊👊
Disturbing turn of events- DOJ agrees to one of Trump’s suggestions for Special Master- the same retired federal judge that agreed to wire tap Carter Page!!! This is very ominous…
https://www.dailymail.co.uk/news/article-11205001/Justice-Department-agrees-support-Trump-backed-candidate-special-master-Mar-Lago-case.html
You may be reading this the wrong way.
Don’t forget that the Justice Department concluded that the second and third renewals of the Page surveillance warrants “were not valid.”
I would think that Judge Dearie would be ticked off about the DOJ using him like that to get those warrants.
Seems to me that he would be sympathetic to Team Trump based on that experience.
Ticked off perhaps…..in on the whole thing….possible
Dearie was nominated to the federal bench by President Ronald Reagan and became one of the most highly-regarded jurists in the Eastern District of New York.
I trust Ronald Reagan’s sound judgement.
He was also appointed to the FISA court by Roberts during the Obama regime ….Do you trust them?
As I said previously, I don’t think Dearie is too happy about being used by the DOJ to get those Page warrants. While I have little trust in Roberts, I have a lot more trust in him than in Obama.
He should have done his job, but it was easier to be a rubber stamp.
I tend to agree with this opinion.
this was no ordinary surveillance warrant.
it was the FOURTH in a row…and as I recall, the VERY FIRST fisa application was turned down (will we ever know the circumstances that resulted in the first application being rejected?)
and noting: from my limited understanding, each renewal must establish ADDITIONAL evidence that holds a higher weight of probable cause (or is that even a thing in a fisa court in practice?)
so there are definitely some questions:
a. did dearie (and for that matter the three prior fisa judges) actually read the application and believe that President Trump was off peeing in a russian hotel bed? with whores? based on some unknown russian source located by a former mi6 agent, steele?
b. did dearie review the previous 3 fisa warrant applications and make a determination that additional evidence was sufficient in weight to continue spying?
and then this: how often does the FISA court get warrant applications to spy on presidential candidates?
seems to me that this warrant was approved on such dubious fantastical uncorroborated claims, that it is very likely (as you opined) the FISA court ROUTINELY RUBBER STAMPS fisa warrants and that spying on presidential candidates is a very real thing.
I would not be surprised if the FISA court and 702 programme entirely has been long operating as a means to spy on political officials and other types.
isn’t that ultimately what secret police spy states end up with: spying on everyone who has political, financial and public influence?
I am skeptical if Dearie is a good cowboy. I find it difficult to comprehend anyone with half a wit would approve a warrrant on the basis of what the FBI submitted.
the entire thing should have set off all the alarms to a judge.
yet the warrant was approved 4 times!
with Dearie involved in the last. So that kind of places him in a a very special zone: by that time, I doubt there was a single informed human being on planet earth that this warrant was a manufactured theory soaking in fraud.
Dearie must have known by then the entire fisa spying on President Trump was pure manure.
so why DID he reapprove the spying?
see my other comments about dearie in this thread also for my other thoughts
God Bless America
He approved Carter Page surveillance? https://www.dailymail.co.uk/news/article-11205001/Justice-Department-agrees-support-Trump-backed-candidate-special-master-Mar-Lago-case.html
Barack Obama and Eric Holder to weaponize a relationship between Main Justice (DOJ) and the Intelligence Community (IC)? Between the two of them they couldn’t put a screen in a door…. So who is calling the shots? Not fjb..and were does that leave us?not sure but we really have a storm coming😎
So where is the ring of evil so we can cast it in the volcano?
The judge approved the Page warrant and although he could of been deceived he also could of been in on the whole damn thing. What worries me is Trumps history of poor picks recommended to him by other people.
https://rumble.com/v1jul9f-4eva.html
TRUMP 4EVA!!!😂😂😂
Andrew Weissmann, who spent much of his career as a prosecutor in the same Eastern District of New York just wrote on Twitter that Dearie was a “model judge” and predicts the choice will backfire on Trump.
Based on Weissman’s comments since Judge Cannon approved a special master, I wouldn’t put any credence in his latest statement. These TDS people are always predicting the end for Trump. I just laugh it off.
Good point though I bet if Trump’s other choice of Paul Huck would be approved Weisman would be crying like a baby.
We are just speculating anyway since the Judge has not made a ruling yet.
as stated before, and I remain convinced this prediction remains highly probable:
Can a current POTUS using the same executive presidential powers (priviledge) UNWIND a former POTUS using the same power to re-re-classify the material?
this goes to scotus.
why?
because NO MATTER WHAT THE LOWER COURT AND EVEN APPEALS COURTS DECIDE, this is true:
WE ARE DEALING WITH A CONSTITUTIONAL POWERS CONDUNDRUM AND TO MY KNOWLEDGE (ADMITTEDLY LIMITED), THERE HAS NEVER BEEN A CIRCUMSTANCE SUCH AS THIS. IT IS TRULY A NOVEL CONFLICT>
Also predicting (as stated before), SCOTUS decides it will not interpret the constitution and will refuse to allow this arguments to be put on the schedule. Justice Thomas will in dissent exclaim: “inexplicable”.
you see, no matter what the constitution reads (for or against), the justice SYSTEM (all the way to scotus) does not serve justice. Arguably it never has …What it serves is to insulate and create walls that protect the institutions of the government, including the presidency of the united states.
How will this condundrum be resolved? (again the question: can a current president unwind the former presidents executive priviledge in matters of natsec? Who wins? is there a balance? Can such a compromise exist? see the problem? Who has the primacy of power. The old, or the new? Both having the same constitutional powers does not address this particular question. And it IS a very important question.
How I see it playing out: scotus refuses to hear the argument. Lower courts ruling stand (predicting that classmat is subject to criminal investigative work by the DOJ/FBI and that the attorney client priviledge can be subject to subpoena and even warrant in the course of a national security assessment review AND a potential criminal investigation.
How Team Trump Legal is likely to handle this scenario: continue insisting on special master up to and including the formation of a special counsel to investigate the predicate of the subpoena turned warrant. The special master to develop and interpret the matters of classification and materiality…and then the special counsel to determine the lawful *or lawless nature of the predicate of the subpoena turned warrant/raid and ransacking.
separately, Team Trump Legal will need to reestablish OTHER (MANY) filings for civil claims against specific agencies AND PEOPLE BY NAME, who have committed crimes, or exercised unlawful abuses of power/surveillance. This keeps the “classified” evidence alive in the legal angle, but also in the public court of opinion. Trump vs Clinton (rico) cannot possibly be the only avenue and strategy to continue to apply maximum pressure and sunlight into the criminal conspiracies associated with cross fire hurricane (as well as many other thus far UNKNOWN NON PUBLIC operations and facts and evidence recorded in these declassified materials!).
The lion of truth is on the hunt. It can smell fear and loathing and weakness miles away. All one must do is uncage the lion.
also predicting: at some point (sooner than later is my own view) Team Trump Legal must accept the reality that there can only be a limited strategy using the courts to produce maximum sunshine.
Ultimately, this means the team trump legal will have to realize that leaking this material out to the public even at the risk of obstruction is the most powerful demonstration of truth and sunlight.
The question becomes: when all else fails, and there are no other options and the inevitable indictments and charges happen, what then? just take it?
When one confronts fraud and corruption of this scale..demands extraordinary acts of righteous action.
while this might seem to be unlawful, it is a moral and righteous decision. A very AMERICAN value, I would suggest.
How is the worst criminal? the bank robber, or the bank guard who cowardly looks the other way and does nothing?
this is where TRUE JUSTICE has the most meaning.
when the courts and the justice system has failed at every level to keep corrupt criminal government officials in check, what then?
extraordinary measures…acts of not just courage and defiance, but an act of righteous action, that strikes to the very center of the issue.
will the police state stand unchallenged and lord over WE THE PEOPLE?
or will there be a challenge SO DIRECT AND SO IMMEDIATE, that no corrupt institution can bear resisting?
at some point Team Trump Legal has got to understand the corrupt central state WILL NEVER ALLOW JUSTICE TO BE SERVED…NOT NOW, NOT EVER> Not on this matter.
going nuclear is required.
WE WILL COME TO THE AID OF PRESIDENT TRUMP WHEN IT HAPPENS.
The world must know exactly what happened, who is responsible, and then justice can start occuring in America. It will be the shot heard around the world.
LEAK IT!
or die.
it’s just that simple
God Bless America
“Scotus refuses to hear the argument. Lower courts ruling stand (predicting that classmat is subject to criminal investigative work by the DOJ/FBI and that the attorney client priviledge can be subject to subpoena and even warrant in the course of a national security assessment review AND a potential criminal investigation.”
So you have printed this book before….Surprising you didn’t research the 6 Trump appointed judges on the 11th circuit before you determined what decision they would make.
There is no “case” to bring. It is literally not possible to find The President™ guilty of any wrongdoing with regards to classified materials. He alone can “do as he damned well pleases.” The Constitution itself says so, and the SCOTUS has already confirmed that.
There is authority to act, which you correctly point out …. the president can choose to act as he pleases in this matter.
However, authority must be properly applied as defined by the very same laws giving the president authority to act. The President is subject to rules, regulations, limitations, et al included in those laws that define the Presidents’ authority and proper execution.
The DoJ and FBI are going after the President and his Team based on the compliance of EXERCISING OF AUTHORITY being done according to the technical requirements of the Law. One cannot have to both ways … claiming authority is granted by a law and then ignoring the requirements for exercising authority under that same law.
The same laws also define responsibility for enforcement as well as prescribe punishment improper execution of authority.
The President is not above the entire letter of the law, “to act as he pleases”. Given the way this is unfolding, the DoJ appears to a major problem as it appears the the President and his Team have followed the ENTIRE letter of the law, from decision to act to proper execution f authority.
If the Special Master is honest and does their job correctly, ALL seized materials will be examined against evidence of proper execution of that authority (i.e. Logs, Cover Sheets, Markings, Presidential Orders, et al). Hence the reason the DoJ and FBI want to greatly limit the scope of authority exercised and materials seen by the Special Master
Your big mistake is assuming the SCOTUS will refuse to take the case. Highly unlikely. Remember, it only takes 4 of the 9 justices to agree to take on a case.
protip: refusing to place a case on the schedule prevents the “rule of 4” voting mechanism. Guess who can do that – refuse to place the case on schedule?
chief justice (read: roberts)
out of the nearly 7,000 plus cases submitted, scotus put on schedule about 70-80 each year. There are ONLY VOTES OF SCOTUS JUDGES ON CASES THAT ARE PUT ON THE SCHEDULE.
Chief Justice Scotus wields enormous power and direct influence over what the clerk is allowed to put on schedule.
Chief Justice Roberts is not the kind of judge who would invite chaos into matter of executive powers interpretation. It really cuts to separations and ultimately IS A CLASSICAL POLITICAL ISSUE…
jmho
Your first sentence is correct but it would not be Chief Justice Roberts preventing the Rule of 4 but actually Justice Thomas as he would decide if the case would go forward from the 11th District.
This was the mechanism used to prevent cases involving the 2020 elections from PA, GA, WI and AZ from going forward.
I stand corrected. well done. Nice to have this important detail. I skipped entirely the function and the role and power of Justice Thomas in the 1tth D. (not intentional, just focused on what happens at scotus, wrt to scheduling and what consequences it has to actual rule of 4 voting.
q: what happens if Judge Thomas decides in favor or the case moving forward from the 11th? Presuming the case is rejected by the 1tth? (dc court of appeals?) and then to scotus for review by chief justice wrt to scheduling?
lots of things to contemplate how this case moves ..or doesn’t.
God Bless America
You do need a non corrupt judiciary. Granted he got one the first go to get to this point, but lightning must strike twice in the same place to get positive action in an honest special master…..and the chance of that is?
What I don’t understand about this is other former presidents have retained classified documents maintained in their presidential libraries. If you go to the Clinton presidential library website they discuss classified materials as part of the collections and provide a form to be submitted to have such classified documents declassified. Why couldn’t Mar-a-Lago been designated the temporary Trump presidential library until a permanent library is constructed? How come other former presidents are allowed to retain classified documents within their own libraries?
From Clinton Library website:
“In addition to a Freedom of Information Act (FOIA) request, records may be released via a Mandatory Declassification Review (MDR). MDRs are authorized under Executive Order 13526, which allows the public to request a classification review of a withdrawn, classified document. The document must be classified in order to qualify”
https://www.clintonlibrary.gov/research/mandatory-declassification-review
It is also worth noting that nothing is ever actually “lost.” Everything is kept in a secure electronic document management system which records every document, every version, every change, and every access. (This is what Hillary Clinton wished to bypass with her bathroom email server: she did not want access nor distribution to be tracked. Since she was not The President, she broke the law.)
A permanent copy of everything is therefore always available to authorized users … forever. There is no concept of “originals.”
“ They will accept no outside scrutiny from the courts or others upon their arbitrary evaluation.”
Goin’ down to Lowes for wood to build a gallows.
Everyone must “follow the law”, except for illegals crossing our borders, criminals, the deep state, and all their favorite thugs…..
Who else is sick and tied of the “laws” only applying to the political enemies of the UniParty?
Very interesting analysis by Josh Phillips on Epoch TV’s Crossroads series on things going on behind the scene in politics.
https://www.theepochtimes.com/calls-grow-for-trump-contingent-election-biden-admin-raids-trump-team_4724333.html?utm_source=ref_share&utm_campaign=copy&rs=SHRDJNQS
Thank you…
If the corrupt DOJ accepts a Special Master named by the Trump team, then Trump’s lawyers should immediately do an extensive background check on their own nominee.
The DOJ would not agree to anyone they are unsure they can control. Given that the IC has the capability to learn everything about anybody, it’s likely they have something they can threaten Dearie with, or he is already ideologically aligned with the Deep State.
When the IC starts a new program that will contain or produce classified information, they typically develop a Security Classification Guide or SCG that explains what information is to be classified at what level, and explains the reasons for that.
I wouldn’t be at all surprised to find the FBI classifies all HUMINT reports in Counterintelligece Investigations as Secret/HCS.
When applied to the Crossfire Hurricane Investigation, that would mean that Stefan Halper’s inputs, Joseph Mifsud’s inputs, results of interviews of George Papadopulos, etc, were all classified to protect their identities.
Of course we all know their identities now, since the FBI and DOJ admitted over the years that they were sources.
So why would the FBI want to protect their identities now?
…a position that should be considered in alignment with the ODNI, is that no outsider should be permitted to review their work product.
Remember those rumors of nuclear codes and/or nuclear information. If there were such documents, wouldn’t the DoJ be an outsider to DoE and DoD work products? The same applies to all documents not created by the DoJ. This gives some credence to the theory that the documents in question are related to the investigations of Trump. Disclosure would make some of the FBI’s actions problematic.
The DoJ may argue that their jurisdiction includes all investigations, but the courts were created as an equal branch of government and their jurisdiction includes the executive branch. Not just the parts the DoJ wants them to see.
Despite the screaming headline, this is mostly about the TRUMP Team filing yesterday, the gubt weaponization against anyone who supports President TRUMP, anyone who believes the 2020 Selections were stolen, the authoritarian gubt we are under, etc.
Tune in at 57:45 for the final question of the day and listen very carefully to what Jay Sekulow, ACLJ, former attorney of President TRUMP says:
Breaking: Sen. Graham Announces New Pro-Life Nationwide Bill
By American Center for Law and Justice
Published September 13, 2022
https://rumble.com/v1jx6nd-sekulow-live.html
Notw: Ric Grenell and Mike Pompeo work for/with ACLJ.