The 11th Circuit Court of Appeals has ruled in favor of the U.S. Dept of Justice, National Security Division, and blocked the lower court order instructing the Special Master to review the DOJ claimed, “classified documents.” [pdf Ruling Here]
Essentially the order of the appellate court is based on the DOJ calling the material “classified” and “vital to national security”, and the court’s determination they have no authority to question the decision of the executive branch when it comes to matters of national security.
The court (judicial branch) openly states they defer to the DOJ (executive branch) as to any/all claims of harm to national security that may be caused by a review of documents the DOJ-NSD determine, on their own authority, to be identified as classified (sensitive, secret or top-secret).
Therefore, if the DOJ states sharing the “classified documents” with a special master may harm national security, the court must accept that position without challenge.
The 11th Circuit Court of Appeals is doing what the Foreign Intelligence Surveillance Court (FISC) does with the DOJ-NSD and any matters defined by the originating Main Justice officials as “national security.” The 11th Circuit is deferring to the DOJ.
The DOJ is granted legal benefit of the doubt on all matters of national security, which puts the DOJ-NSD in ultimate control over the star chamber they operate.
In the post 9-11 surveillance state, this approach by the DOJ-NSD is a pillar holding the Fourth Branch of Government in place, as we have outlined. The other pillars are (2) the Dept of Homeland Security, (3) the Office of the Director of National Intelligence, and (4) the secret FISA Court system.
All four pillars maintain an omnipotent fourth branch of government that operates entirely without oversight. As you can see in the 11th Circuit Court ruling, there is no check or balance in the post 9-11 national security state.
The only way to deconstruct this post-constitutional construct is to deconstruct the four pillars.
Eliminate the Dept of Homeland Security.
Eliminate the Office of the Director of National Intelligence
Eliminate the DOJ National Security Division
Eliminate the FISA Court.
Take down the pillars that hold up the fourth branch of government and the Omnipotent surveillance state is removed.
.
.
PS. People made fun of my prior suggestion for how President Trump could have declassified those documents. Perhaps now the ‘smart set’ people will see why my method, while unorthodox, was the best way.
~Reminder Here ~
.
On to SCOTUS.
Scotus will rule for the DOJ. They are held hostage as well.
If Scotus does rule for the DOJ then we will at least no longer have to waste time wondering if there was any hope left via the courts as to who really runs this nation, elected officials or an awakened bureaucracy.
Don’t know why you have to wait for Scotus. The 11th Circuit is indicative of the state of things.
It is my assumption that PDJT is following the Constitution and the laws of the land so it is important to go through the whole process, to exhaust all avenues which our nation’s laws say are the law of the land. Once all those avenues have been exhausted, and everyone sees that, then all bets can be off – but
until that happens PDJT has stated several times now he is fully aware of the tinder keg this nation and its citizens are walking on and does not want to be the one who, through a mis-step, sets the fire that is just waiting, under the surface, to erupt if he can find a way to cool things down by allowing the use of the rule of law to have its day.
If our nation’s laws get an honest day in court, lawfare looses. The long game being played PDJT style. I’m willing to wait, have no intention of being like that crazy man who ran over and killed a teenager because of a political difference or the other democrats who are well on their way to dehumanizing half their fellow citizens. It’s important to prove the Constitution, and the structure of our government still has a foundation worth saving, so that means waiting for Scotus.
The 11th circuit didn’t stop the review by the Special Master, simply allowed the bureaucrats in the DOJ to continue their review of what they deem to be classified. Tiny, tiny “win” for their side, but really doesn’t change anything except give the DOJ weenies another week to continue leaking fantasy headlines to their newspaper of record.
Without those fantasy headlines the democrats have absolutely nothing to run on but their own miserable failures.
I am damned sick and tired of people being able to say that over half the country believes in a conspiracy.
Take that away from the progs and those with their hands over their ears and their eyes and perhaps this country can find peace again.
No longer will people be able to tell you, “It’s your imagination .Our fbi would never do that. The doj isn’t corrupt.”
Truth is what sets everyone free.
I lost faith in SCOTUS when Roberts took it upon himself to come with the “it’s a tax” argument for Obamacare, when the people who pushed that down our throats specifically argued on the floors of the two houses of the legislature that it wasn’t a tax.
He is WRONG to want to “cool things down”. If that is going to be his approach during a possible 2nd term then we have lost before even starting. The left is Evil, Period. They want us all either Dead or in Servitude. Until WeThePeople come to terms with that and understand the only way to deal with this Evil, it will continue to get worse.
“,…PENDING APPEAL,…”
Exactly this – the Stay is granted pending appeal –
which should get this to the full Appellate Court and then to the attention of Justice Thomas whose wife has just been subpoenaed to the J6 kangaroo court.
Which means once the Stay is lifted then the government will move to take it to the full Supreme Court. Which sets this up for a hearing sometime next term, well after the mid-term elections and puts the Supreme Court on a direct collision with its previous ruling on the Presidential Records Act, and if they overrule their first ruling that puts all of Obama, Clinton, Bush’s and FJB’s records open to huge scrutiny and discovery.
and if that happens, gets to the Supreme Court, that means the powder keg our nation has been standing on just might not have erupted – which is what the swamp critters really, really want so they can justify their end game of martial law.
Let’s let PDJT and his team of lawyers walk through this quagmire and see if we can come out the other side relatively intact.
Takes much,much too long.
trump should have listened to sundance.
Maybe he did listen to Sundance’s advice and then, weighing the different possible outcomes, decided to take the longer, less volatile route, since the raid didn’t occur until Durham sent enough loud clanging signals to the DOJ and their cohorts that he was finished with his work – because once he was done then Trump truly would be free to release the now declassified documents.
Realizing PDJT would soon be free to do that, the raid happened in order to tie up those documents in the lawfare circuit.
Now, if some other unrelated party were to have copies of those documents and release them, the government can no longer blame Trump because he, Trump, no longer possesses those documents – the government does.
Of course, I keep on thinking it’s about time we heard from wiki leaks any day now. But, that might be just me dreaming they still have some fight in them.
Give them to US! We will damsight release them!
Ginny Thomas, Clarence Thomas’ wife has been called before the j6 committee.
What a coincidence 🙄
Kavanaugh will be indicted for rape if he doesn’t do what the deep state wants.
Clarence Thomas (who handles the 11th circuit) first, might he give Trump a stay on the 11th circuit decision until a vote by the full court and allow the special master to proceed. Some times the full court moves slow wink wink
If Thomas wants to save the Republic…
At issue is check and balance, 4th branch was made exempt by Congress. Congress has no interest in balance when it comes to MAGA or Trump.
Dems got SCOTUS where they want them. Only justice you will see is no justice at all.
Don’t hold your breath. The “conservative” Supreme Court is not our friend, and only two of those justices are actually conservatives.
Judicial Treachery?
The Special Master is a former FISA Court judge for pete’s sake!
Your point? I missed it!
Can’t let a former FISC judge look at sensitive documents! /s
Never doubted you, SD. Unprecedented times call for unprecedented measures.
Keep your powder dry, this may be a long one.
Well, I told people this would happen and the reason, Sundance, is not because they are deferring to a body they absolutely KNOW is corrupt, the DOJ; the reason is they fear a war of agencies and bureaus and branches will be started by them.
In other words, they are judges who fear the intel agencies, period. They fear they will have done to them what the intel comm did to Trump. Same thing going on here.
They can get these judges “Six ways from Sunday” just as Schumer said.
Trump declassified the docs. He was the POTUS. Now, they claim THIS Potus can change all that.
I have to believe there are copies.
Make more and release them, POTUS 45.
he is already in litigation against a stacked deck. make it a game changer and himself a greater hero.
There is no effing national security involve, period.
The Court is acting like the OJ jury.
It’s justice nullification.
I don’t understand one thing: none of the docs are classified anymore.
Exactly. Mike Davis explains it well if you can find him on Twitter. I’m starting to think Trump is just messing with DOJ at this point 😆❤️🇺🇸👍
I’ve been following him ever since the raid occurred.
Apparently they are until Dearie, Cannon or SCOTUS say they aren’t. DOJ already said they don’t cave until SCOTUS so my guess is that is who will decide unless Trump caves and gives them proof of declass, which be him just telling the they are declassified and his property. However that will not be enough for DOJ.
The (real) President wrote a memo of declassification, and has a witness – Kash Patel.
I am not going Eeyore yet.
Damn SD you are brilliant!
Where exactly in the flying F does the department of injustice have anything to do with the security of this country ?
The judicial system from top to bottom is so Anti American and anti constitution and rule of law it’s actually visible
It’s not just our judicial system. Hussein and his lawless gang of leftist loons spent eight years “fundamentally transforming” our financial, military, education, housing, social, entertainment…
Honestly, I can’t think of anything the left hasn’t corrupted, exploited, destroyed or “transformed” into a now anti-American version of its once great self.
Agree 100% that the solution is to deconstruct the surveillance state. Your synopsis of taking out the 4 pillars as needful steps is on target with precision.
We do, however, also have a problem with the judicial autocracy which has supplanted “We the People.”
I don’t get how cavalierly both Sundance and you say “the solution if to decontruct the surveillance state.” We could have the Oval for the next 12 years and that wouldn’t happen.
None of the alphabet soup bureaucracies are Constitutionally specified. As the Executive Officer, the President could in theory write separate EOs to shut all the alphabet soup bureaucracies down effective immediately.
The resulting firestorm it would create would be interesting to see.
i PRAY FOR THIS almost EVERY NIGHT when POTUS 45 GETS ELECTED for THE THIRD TIME.
( even IF it MEANS my retirement ” annuity ” disappears Because the ” alphabet soup bureaucracies ” Budget is GONE ! )
Better yet, banish these “embedded” commies to a remote Alaskan outpost, the kind of place where nobody sees daylight for months, and the weather is much too frigid to fly in or out during winter months.
Make sure there’s no alcohol left behind in the town before the last plane departs. This is for their safety, of course, so the drunks won’t stumble outside and freeze to death.
THEN dismantle whatever is left of these alphabet agencies after the spring thaw. I’m sure they’ll be satisfied with their severance packages by then.
I’ve been thinking for awhile now that if there really are some whistleblowers, as Grassley, Jordan and others claim, this would be an excellent time to leak the DOJ – embarrassing information. We get enough intentional leaks trying to impugn President Trump.
I’d like some leaks about justices of the 11th Circuit.
How many votes did this take?
Maybe 3. I don’t see this as an en banc decision.
To who? No one in the msm will even acknowledge the leaks. Like they never happened.
About 30 whistleblowers out of the 35,000 FBI employees.
J. Edgar Hoover certainly had some embarrassing information. The Agency wouldn’t have been pleased had it been made public, to put it mildly.
Eliminate the Dept of Homeland Security.Eliminate the Office of the Director of National IntelligenceEliminate the DOJ National Security DivisionEliminate the FISA Court._________________________
And, when we can’t even have unclassified material be seen by the public, just how the hell do we do the above?
Hell, we can’t even get rid of the Dept. of Education.
The words of The Gipper come to mind, tlhoward: “there’s nothing more permanent, than a temporary government program.”
Evidence suggest the Dept of Education can not educate.
This “ruling” will be appealed and DJT will ultimately win.
Can you give the details as to why you say this with such assurance?
Presidential Records Act. They are Trump’s documents. Period.
Btw Chris Kise is the real deal. Trump is in good hands.
At this point only if Dearie or SCOTUS say they are his. Anyone thinking DOJ is not going to go as far as Dearie and SCOTUS will allow them to is dreaming.
11th Circuit jumped the shark.
Well, you know that Roberts won’t be on the proper side.
WHO HAS ” the BEST INFO ” on Roberts… POTUS45 or an Alphabet Agency ?
THAT’s the question
Didn’t you read SD’s other article, CountryDoc?
https://theconservativetreehouse.com/blog/2022/09/21/letter-surfaces-of-obama-foundation-admitting-in-2018-they-keep-classified-documents-in-unsecured-storage-at-furniture-warehouse/
I forgot the best part. DOJ will drop the case, and give Trump back all the documents
because they don’t want them revealed.
Did you see Trump on Hannity?! I swear, Trump is messing with them. “I could declassify by just thinking about it” GD I love that man 😆🤣😂😂🤣❤️🇺🇸👌
Check out Mike Davis on Twitter, he explains it well. Better than I ever could. I’m convinced Trump is screwing around with DOJ😆❤️🇺🇸👌
I like Mike Davis a lot. He did however say that Cannon’s ruling was “appeal-proof”
If the federal courts weren’t corrupted.
Can you explain? I’m not going in Twitter. Not gonna happen.
Here’s his tweet
“11th Circuit didn’t address these key legal points.
Again, under Presidential Records Act:
1. Records “received” by the President are presidential records
2. He determines what are “personal”
3. Former Presidents get unfettered access to their records
Including classified.“
–“11th Circuit didn’t address these key legal points.” —
^^^This^^^
This is exactly how many courts and law fare consortium play the game. They pick and chose what they focus on or reply to, while ignoring any other points of law.
In this case the court bows to the “Executive branch” to determine what is “National security” without any proof, but demand “proof” that the “Executive of the Executive branch” at the time declassified these same documents.
And they also ignore that even if they are classified that the former President has the right to have both classified and unclassified documents as well as determining what is personal or government records (within reason and by working with the archivists).
At least that’s how this ‘nonlawyer’ sees it.
Haven’t you ever seen a cat with a mouse. The cat doesn’t kill the mouse, it just screws around with the mouse.
My cats play with bugs… but same idea…
Guess that makes the meat more tender, just saying 🤔🤔
Like Japanese Koji beef. Massage before the “kill”.
Exactly 😆❤️🇺🇸👌
Here’s a good tweet by Mike Davis citing a Newsweek article
I think the argument of the 11th is that the DOJ argued that Biden said they were now “classified.”
Mike Davis also said: “Biden Justice Department is desperate to keep from the American people the Crossfire Hurricane records President Trump declassified on 1/19/2021.
They won a short-term victory tonight, by misrepresenting the law.
These records will eventually come out.”
It’s almost as if every single member of congress and the federal judiciary (with the exception of Thomas and Alito) were given an all expense paid trip to a certain island in the Caribbean at one time or another. Certainly would explain things.
Have you ever read John Grisham’s book “The Firm”? I don’t even like Tom Cruise but the movie of the same name lays it all out in living color- highly recommend both! It is truly the only reasonable explanation for the things that we are seeing – and it has been going on for a VERY long time!!
I have and I agree. Spot on.
The book was a page turner.
Why would the abandonment of Separation of Powers surprise us when just about every other core tenet of this Republic’s governance has been so openly violated?
“core tenet of this Republic’s governance”
“Fourth Branch Of Government” = “throw out the Rule Book”
As Sundance describes, we’re living in Post-Constitutional Reality.
Thank you, Sundance for getting to the bottom of the entire problem, and that is that the Deep State was enabled by the creation of the Department of Homeland Security. It created the DOJ National Security Division, ODNI and FISA Court without adequate safeguards to allow for prevention of political weaponization.
We should really be angry about the negligence of those that created of these institutions rather than the 11th Circuit Court. With this helpful understanding we can proceed with resolve to amend (or abolish) the DHS.
Neo Conscious: The (not) Patriot Act has to go.
All under Bush, but probably GOPe/Lawfare/NWO
It wasn’t negligence that created those institutions. The same folks that created them gave us the Kenyan Imposter. He was brazen enough to state “we’re the ones we have been waiting for”. Then he weaponized them. I do believe God brought Trump forward and we should trust in that. Remember, there’s nothing new under the sun, and with that, sunlight is the best disinfectant. I’ve always felt that the only way a large enough majority of the public will ever believe the truth, is by giving the leftists all the rope they need. Even if I’m wrong, good wins in the end.
The irony of this is overwhelming: a retired FISA judge, a guy who has seen the most secret of all info, is not allowed to see docs that were UNCLASSIFIED by a President of the United States.
THAT tells the nation just one more time how all elements of DC protect each other, even if they hate their guts, for fear what they do will be done unto them.
None of it has anything to do with justice or the American people. NONE OF IT.
Hannity: “Mr. President, are these documents classified or not? This is serious.”
Trump: “Yes I’m taking it very seriously. Also, did you know I could declassify them with my mind? Btw, watch this putt… fore!”
😆🤣😂😂😂❤️🇺🇸👌
I friggin love him so much 😆🤣
02.15.2022
Biden Admin. Continues To Conceal Declassified Crossfire Hurricane RecordsGrassley, Johnson push for transparency more than a year after President Trump ordered disclosure of DOJ activity
WASHINGTON – More than a year after then-President Trump directed details of the government’s Crossfire Hurricane investigation to be declassified, the Justice Department continues to hide those important records. Senate Judiciary Committee Ranking Member Chuck Grassley (R-Iowa) and Permanent Subcommittee on Investigations Ranking Member Ron Johnson (R-Wis.) today are calling on the department to promptly comply with the declassification directive.
“We remain concerned that over one year from the date then-President Trump directed the Justice Department to declassify certain Crossfire Hurricane records the Justice Department has not only failed to declassify a single page, the Department has failed to identify for Congress records that it knows with certainty to be covered by the declassification directive.,” the senators wrote in a letter to Attorney General Merrick Garland.
The letter renews concerns raised in October about the department’s failure to disclose records related to its Russian interference investigation.
The department’s delayed transparency has interfered with congressional investigators’ review of what should already be public records. Congressional investigators have been required to view Crossfire Hurricane documents in the department’s secured facilities, and the department has been unable to confirm which records are subject to Trump’s declassification directive.
“…our staff should not have to spend potentially multiple days and countless hours in the Department’s classified facility only to play a guessing game with the Department about what document may or may not be covered by the declassification directive and potentially review records that have already been produced to Congress.”
The senators are calling on the department to explain the steps it’s taking to comply with the year-old transparency order and ensure that records aren’t further subjected to unnecessary redactions.
“Our oversight efforts are based on our unyielding belief that the American people deserve to know the complete truth about the Crossfire Hurricane investigation,” the senators wrote.
Full text of the letter to Garland follows:
February 15, 2022
VIA ELECTRONIC TRANSMISSION
The Honorable Merrick Garland
Attorney General
Department of Justice
Dear Attorney General Garland:
We are in receipt of your January 20, 2022, letter which was sent in response to our October 13, 2021, letter. We remain concerned that over one year from the date then-President Trump directed the Justice Department to declassify certain Crossfire Hurricane records the Justice Department has not only failed to declassify a single page, the Department has failed to identify for Congress records that it knows with certainty to be covered by the declassification directive.
Your letter noted that on July 9, 2021, the Department “offered to compare the documents we understand to be covered by the Memorandum with the documents that had been previously provided to Congress…” However, your letter also stated that the Department “has been taking steps to determine” which documents can be disclosed and that review is “ongoing.” It is incumbent upon the Department to determine which records are covered by the declassification directive and it is clear from your letter that the Department – after more than one year – has yet to get the job done. Moreover, the Department has refused to commit to producing records to Congress without Freedom of Information Act and related redactions.
When the Department is able to (1) identify with certainty the records subject to the declassification directive; (2) confirm the records are not those that have already been reviewed by our staff; and (3) agree that no improper redactions will be placed on those records, our staff stand ready to review in camera prior to production to Congress. Absent those conditions, our staff should not have to spend potentially multiple days and countless hours in the Department’s classified facility only to play a guessing game with the Department about what document may or may not be covered by the declassification directive and potentially review records that have already been produced to Congress.
Further, your letter failed to accurately recite the communications between our respective staff. For example, our staff have insisted – on many occasions – that the Department must first identify the records subject to the declassification order and, second, produce those records to Congress and the American people without improper redactions. Our oversight efforts are based on our unyielding belief that the American people deserve to know the complete truth about the Crossfire Hurricane investigation.
Finally, regarding your compliance with the declassification directive, your letter failed to provide any information about the actions taken to determine which records fall under the scope of the declassification directive, the number of records identified to-date and the extent to which the identified records will be declassified. We request a detailed response with respect to those questions and a commitment to the aforementioned conditions no later than March 1, 2022.
Sincerely,
Charles E. Grassley
Ranking Member
Committee on the Judiciary
Ron Johnson
Ranking Member
Grassley the Great Letter Writer
Sternly written
THE HONORABLE MERRICK GARLAND HA HA HA HA HA HA HA
Trump himself could review the documents and assert that he had declassified them. Then publish them as proof.
Yes, this is totally confusing.
Since Trump had declassified them, Grassley should have gotten copies from Trump.
Barr said he would do it
In May of 2019, at the conclusion of the Mueller investigation – a roadblock to document release that was removed, Bill Barr asked President Trump not to declassify and release the evidence of DOJ and FBI misconduct in the Trump-Russia scheme, and instead allow him to have control over the classified documents to include the timing of their release. President Trump placed his trust in the AG, but Bill Barr never released anything because Bill Barr never intended to release anything.
I am so sick of these traitors. They will answer for their crimes in hell.
Trust DOJ/IC? They must all live in a cave. Sickening.
Lots of respect for Judge Cannon. 11th circuit is compromised as far as I am concerned. They are making Trump prove he is innocent as opposed being innocent and DOJ proving him guilty.
This is a POTUS and they are treating him as a common criminal. Justice system is F’ed.
I will be praying hard. Both for DJT’s victory and DOJ/FBI’s demise.
No, surprise here. The objective is to indict Trump based on these documents ahead of the 2022 elections and by association, sully all Trump endorsed candidates in order for the Uniparty to retain power. Meaning Mitch McConnell remains minority leader and the GOP gains a slight majority in the House so that Biden moves to the political center just in time for the 2024 elections.
It’s all contrived, calculated and conniving but all in service to one goal, deny Trump the opportunity to run for his rightful 2nd term.
They will indict Trump and the GOP will follow up and deny Trump the nomination on the basis that no one under indictment is eligible to become the nominee.
With this split on the Right, the Dems will almost assuredly prevail in 2024, despite a woeful record over the past 4 years. The GOP will nominate DeSantis and the pressure will be enormous on Trump not to seek a third party independent run for the presidency.
That’s how I see this playing out. They stole the 2020 elections from Trump and now they are looking to deny the 2024 elections on dubious grounds. We are in a tyranny folks. Our nation is lost! Pray for President Trump and his family. The enemy is relentless!
Never Go Full Eeyore.
After all that has happened, I still had hope that the courts would act in accordance with the law. They have not done so. I do not know if this can now move to the Supreme Court but I will not get my hopes up. We are in a very difficult time for those of us who still believed in America.
If a “special master” is blocked from reviewing certain documents, based only upon a determination made by an adversarial party to the case, then the entire reason for having a “special master” in the first place becomes irrelevant.
But it is already clear that this “special master” did not want to review them at all.
Quite possibly, it may become necessary to now do something that has never yet been done: “reveal them.” It cannot be questioned that “the documents which were taken were not the only copies that existed,” and therefore it might simply be necessary to reveal them to the public. “Sometimes, it is easier to obtain forgiveness than permission.”
It is now abundantly clear that “The Swamp™” also includes the higher, appeals-level sections of our Courts. They are fully under the control of “Lawfare™” and probably also richly paid by them. “Conventional tactics” are no longer going to work. And yet, “violence” is not our only remaining option.
But Plaintiff has been clear that he is not seeking the return of the classified documents. See Doc. No. 58 at 6
(“In general, the Government’s argument is premature. Movant has not yet filed a Rule 41(g) motion, and the standard for relief under that rule is not relevant to the issue of whether the Court should appoint a Special Master.”).
And even if he were, he has not identified any reason that he is entitled to them.
USCA11 Case: 22-13005 Date Filed: 09/21/2022 Page: 22 of 29 Opinion of the Court
One would think his memo of Jan 19, 2021 is absolute documentation of his decision to declassify many documents
Publish them.
Trump should have pardoned Julian Assange. Is there another hero journalist somewhere to publish these docs?
What a mess. That’s all I can say with this ruling. Please Lord help our country!
Maybe the Lord is punishing the country for 70 years of mischief on the World stage.
So direct evidence of how corrupt and illegitimate the ‘government’ is, is now classified?
Always has been, spaul.
I’m shocked I tell you…
The lord will deliver the hammer soon enough. It’s coming.
I hope you’re right.
Of the People, by the Peole and for the People.Of the DOJ, by the DOJ and for the DOJ.
All Hail, our master the DOJ!
My President is a fighter. I’m good with that.
Chessboard move. I notice the words, “pending appeal.” They are shrugging this off to a higher court. What a sickening clutch of cowards, pretending they don’t know!
Due process denied.
Sundance, could President Trump take an Appeal to the Supreme Court? And how much would such an appeal cost him if he loses?
IMO, at worst he loses possession of the documents… but everybody already knows (for the most part) what is in the documents… and those who don’t know are just pretending to not know.
Here’s the thing: nobody outside of Trump and DOJ/FBI were even thinking about The Documents until The Raid happened. The DOJ/FBI brought documentation of their own malfeasance to the Front Page of every newspaper, blog site, and Cable News outlet. Trump can now just add “massive FBI cover up” on top of “the documents showed that the FBI is corrupt and I was framed” to the political narrative… and the MSM will then go on a massive tail-chasing expedition covering “Trump claims ‘massive coverup'”… KEEPING THE WHOLE THING ON THE FRONT PAGE. Oh… and throw in a little “… and the White House was involved” for good measure.
I think the whole thing is a Clown Show Own Goal by Team Biden and the Fourth Branch, to be honest.
This is not just the protection of the 4th branch. It is 100% protection of the 4th branch and the criminally corrupt kenyan.. Under every one of these deep state pieces of human trash is their azz.. All DC bureaucrats live in a cya world. Not a chance the kenyan wasn’t up to his evil neck in the targeting of PDT. Exactly none of the actors in the doj/fbi in the 2015-2017 time frame would have acted without the full blessing and approval of that evil scum.
Doesn’t Justice Thomas oversee the 11th Circuit? I thought I read that in one of Sundance’s earlier pieces.
Yes and his wife is being called before the j6 committee.
Yes and I believe this move by the j6 committee is nothing more than ammunition for calling for Judge Thomas’s recusal on any matter that might even tangibly relate to j6 or Donald Trump.
I really don’t think there is any ‘voting’ our way out of this.
God help us.
Nope.
This that seems to be working in the states:
“I do not believe that the solution to our problem is simply to elect the right people,” Milton Friedman once said. “The important thing is to establish a political climate of opinion which will make it politically profitable for the wrong people to do the right thing. Unless it is politically profitable for the wrong people to do the right thing, the right people will not do the right thing either, or if they try, they will shortly be out of office.”
Justices for all except for all except MAGA. Are they going to Brandon us for easier ID where’s your papers!!!!! Come on man.
When the ultra corrupt doj, claims something is classified, because of national security, you know it’s a cover up. It’s
classified, because obvious criminal exposure would be imminent.
🇺🇸 Mike Davis 🇺🇸
@mrddmia
·
3h
11th Circuit didn’t address these key legal points.
Again, under Presidential Records Act:
1. Records “received” by the President are presidential records
2. He determines what are “personal”
2. Former Presidents get unfettered access to their records
Including classified.
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.
The Presidential Records Act is very clear, as Trump’s legal team points out:
“[T]he Presidential records of a former President shall be available to such former President or the former President’s designated representative.”
44 U.S.C. § 2205(3).
Including classified records.
Trump’s legal team should do what they said they would do:
File an amended Rule 41(g) motion under the Federal Rules of Criminal Procedure.
Make these legal arguments.
Get back his 11,000 records.
(Just like Clinton kept his personal copy of his highly classified recordings.)
Biden Justice Department is desperate to keep from the American people the Crossfire Hurricane records President Trump declassified on 1/19/2021.
They won a short-term victory tonight, by misrepresenting the law.
These records will
eventually come out.
https://mobile.twitter.com/mrddmia/status/1572783830402224129
I hope you’re right, but with all due respect something as precise as the term “Shall not be infringed” means nothing to these leftist traitors.
It is not me. I posted what Mike Davis said tonight.
Mike Davis is a good man.
They won by “misrepresenting the law.”
I’m not a lawyer, but as a citizen, I would have though appeals’ court justices would be up on the law, no?
If not, WHY THE HELL NOT!?!#^!&?
Heck, we have a Supreme Court justice who can’t even tell what a woman is, why should we expect better from lower court judges?
Nauseating.
In the FBI saying ‘national security’ was the Get Out of Jail Free card.
By the way, one reason not to vote for DeSantis is most of the modern obstructions to freedom were created by GOP presidents.
Nixon – EPA, OSHA, etc
Bush – DHS, Patriot Act, etc
I don’t have much faith in the USSC.
JB. Williams
Every “security” measure enacted after September 11, 2001 should be nullified for our national security.
somebody please explain, I thought that Trump could now seek review of the 3 judge panel decision, by the full appeals court EN BANC, protesting that he has right to know what is in those 100 “classified” documents
Practitioner’s easter egg in this story: 11th Circuit rules do not allow en banc rehearing motions on stays. So, it looks like whatever 3-judge panel draws and rules on this, only recourse for the losing party will be #SCOTUS. w/ @kyledcheney
Well, that’s interesting.
OhNoYouDoNot posted this Tweet by “Josh Gerstein (blue checkmark)” on the Daily Thread a little earlier…
“Practitioner’s easter egg in this story: 11th Circuit rules do not allow en banc rehearing motions on stays. So, it looks like whatever 3-judge panel draws and rules on this, only recourse for the losing party will be #SCOTUS. w/@kyledcheney”
I won’t link to the Tweet itself, because I think it contains at least four links, so will end up in the mod queue… but you can find it here:
https://theconservativetreehouse.com/blog/2022/09/21/september-21st-2022-presidential-politics-resistance-day-610/comment-page-4/#comment-9202346
Any commentary from Someone Who Knows would be welcomed…
United States Court of Appeals
Eleventh Circuit
Rules_Bookmark_AUG22.pdf
Page 149/216
____
11th Cir. R. 35-4 Matters Not Considered En Banc. A petition for rehearing en banc tendered with
respect to any of the following orders will not be considered by the court en banc, but will be referred
as a motion for reconsideration to the judge or panel that entered the order sought to be reheard:
(a) Administrative or interim orders, including but not limited to orders ruling on requests for
the following relief: stay or injunction pending appeal; appointment of counsel; leave to appeal in
forma pauperis; and, permission to appeal when an appeal is within the court’s discretion.
(b) Any order dismissing an appeal that is not published including, but not limited to, dismissal
for failure to prosecute or because an appeal is frivolous.
https://www.ca11.uscourts.gov/sites/default/files/courtdocs/clk/Rules_Bookmark_AUG22.pdf
Excellent.
Trump did tell Hannity that he was under surveillance during the campaign(Trump Tower) and while in the WH. That is the first time he has said while in the WH, though, he has eluded to “we got
Them all” and “gold behind the walls” in the green room in early days of WH.
America has become a bureaucracy in the technical sense of the word. We are ruled not by elected politicians, but by appointed and nearly unaccountable government officials. Rule by the clerks.
And the elected politicians are not particularly bothered by this arrangement. The members of Congress have their well-compensated sinecures, and occasionally, like Chuck Grassley, they work up the energy to write a strongly-worded letter to some half-anonymous government functionary. Are we totally convinced that the legendary John Durham, of the Durham Report, truly exists?
My yearly missive to Santa Claus produces equal results to any Republican Congressman’s enquiry to Christopher Wray.
.
“Courts should review such materials only in the most extraordinary circumstances…”
One would think that “extraordinary” includes when the party versus the DOJ et al. is/was the President of the United States.
.
You’d think.
Wish it would have happened!!
Robert Barnes
@barnes_law
Imagine claiming a President couldn’t possibly have a personal interest in his own documents merely because he once affixed the label “classified” on them during his Presidency. That would make the label more important than the man with the only power to make the label. Insanity!
11:36 PM · Sep 21, 2022
·
Are these the same “classified” documents that took them months to determine were so dangerous to national security that they waited for so long to even raid Trump’s place? The same ones that are declassified by the president?
It is stuff like this which gets more people pissed-off. It is what we need, the American people to get angry.
DeSantis helped out sending those illegals to Martha’s Vineyard. People are now thinking, “How come my neighborhood and not theirs”?
They are all panicked and screwing-up by the truck loads. Everything they do backlashes on them.
Yep.
The regime swine have been shooting themselves in the feet so frequently that their socks look like Swiss cheese.