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.
Late yesterday the DOJ National Security Division (DOJ-NSD) filed another motion in federal court urging Judge Cannon not to allow the special master to review documents they alone determine to be “classified.” [pdf of motion Here]
The DOJ-NSD, officially the Trump targeting division, is frantic that an outside reviewer would be granted access to oversee the DOJ/IC unilateral determinations of the documents, even if…. [watch the goal posts moving now]… those documents were previously declassified by President Trump.
Yes, even if the documents were declassified (they were), the DOJ is apoplectic that someone would be allowed to see them. Their reason?… “sources and methods” might be exposed.
The DOJ-NSD is claiming the Intelligence Community (IC) is the real authority here, not the President of the United States. It is a rather remarkable position to take.
You might even find yourself wondering by what constitutional authority does anyone in the IC bureaucracy determine whether a president’s declassification of documents was legit? The President has the power to declassify; however, according to the position of the DOJ-NSD, the president must defer to them. :::spit::: Hopefully Judge Cannon sees this for what it is.
From the latest court filing by Special Counsel John Durham, we learn that Robert Mueller’s FBI investigators interviewed Christopher Steele’s primary Source, Igor Danchenko, on June 15, 2017.
In addition to being on the payroll of the FBI since March as a confidential informant, exactly two weeks later, June 29, 2017, the Robert Mueller special counsel renewed the Carter Page FISA application to continue their exploitation of the comprehensive title-1 surveillance warrant against the Trump administration.
Additionally, within the court filing against Igor Danchenko, we find that FBI personnel from Robert Mueller’s team interviewed Christopher Steele:
Now consider this specific line of questioning of Robert Mueller, conducted on July 24, 2019, after the Mueller special counsel published their report. The questioning is from New York Representative Elise Stephanik to Robert Mueller on the specifics of the special counsel questioning Christopher Steele and/or his source, Igor Danchenko.
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.”
Now you are going to see why it was necessary to write the previous article about the Trump -v- Clinton lawsuit.
We must stop pretending. Everyone, including everyone who reads here and specifically SSCI Chairman Mark Warner, already knows what is in those documents from Mar-a-Lago. Those documents contain the evidence of the collective government effort to target candidate Trump and then effectively remove President Trump. THAT effort included the Senate Select Committee on Intelligence. Stop pretending.
Senator Mark Warner was at the heart of the legislative branch effort in the aftermath of the failed attempt to stop candidate Trump from winning the 2016 election. Senator Warner specifically instructed Senate Security Director James Wolfe to leak the Carter Page FISA application, with an intent to further the effort to install a special counsel to help cover-up the pre-election activity. Warner is enmeshed in the corruption created by the false Trump-Russia collusion conspiracy nonsense.
With Warner’s instructions to Wolfe in mind, there is a specific statement in this ridiculous effort at narrative construction called an interview, that is just exponentially hubris, [@6:16] “The record of our intelligence committee of keeping secrets secret, that’s why the Intelligence Committee shares information with us,” Warner claims.
No, the direct ideological alignment between the corrupt intelligence apparatus and the SSCI that is why the Intelligence Committee coordinates with the Senate. WATCH:
[Transcript] – MARGARET BRENNAN: For a closer look now at the evolving threats to the homeland, we begin this morning with the chairman of the Senate Intelligence Committee, Mark Warner of Virginia. Good morning to you, Senator.
U.S. District Judge from the Southern District of Florida, Aileen M. Cannon, has ordered a special master to “review the seized property, manage assertions of privilege and make recommendations thereon, and evaluate claims for return of property,” related to the FBI raid on Donald Trump’s Mar-a-Lago estate. [pdf Ruling Here]
There are interesting aspects outlined within the 24-page ruling that deconstruct the position of the Dept of Justice and media, including a footnote [fn5] stating Trump lawyers asked for a special master appointment on the morning after the raid.
Within the ruling [pg 9] Judge Cannon outlines the issues at the heart of the legal matter, including the government taking President Trump’s personal medical records which has nothing to do with the nature of the warrant.
“According to the Privilege Review Team’s Report, the seized materials include medical documents, correspondence related to taxes, and accounting information. … The Government also has acknowledged that it seized some “[p]ersonal effects without evidentiary value” and, by its own estimation, upwards of 500 pages of material potentially subject to attorney-client privilege.”
The DOJ was previously questioned in court about justice dept leaks to media creating an unfair and prejudicial bias against President Trump. The DOJ lawyers denied leaking yet admitted the media reports were evidence that someone within the organization was leaking information to the media, thereby creating a framework of public opinion the defendant cannot easily refute. Cannon writes:
“the Court takes into account the undeniably unprecedented nature of the search of a former President’s residence; Plaintiff’s inability to examine the seized materials in formulating his arguments to date; Plaintiff’s stated reliance on the customary cooperation between former and incumbent administrations regarding the ownership and exchange of documents; the power imbalance between the parties; the importance of maintaining institutional trust; and the interest in ensuring the integrity of an orderly process amidst swirling allegations of bias and media leaks.”
Judge Cannon also cited examples of the DOJ review team failing in their duty to separate attorney-client privilege material.
Using the references of current events, attorney and former Constitutional Law Clerk for Justice Gorsuch, Mike Davis, once again astutely and succinctly summarizes and deconstructs the nonsense within the fabricated and political DOJ case against President Trump. {Direct Rumble Link}
Mr. Davis walks through the claims and deconstructs the political arguments with citations to the constitution, lawful and applicable precedent, along with a direct hit on the motive of the DOJ and FBI effort. In three minutes, Davis nails the top-line issues soup to nuts, WATCH:
Former Acting Director of National Intelligence, Richard “Ric” Grenell, gives his perspective on the FBI and DOJ conduct in their effort to frame a media case against President Donald J Trump. {Direct Rumble Link}
Ambassador Grenell walks through the distinct and important difference between the DOJ media narrative, and the actual non-issues that are being manufactured to promote the narrative. WATCH:
The DOJ has filed a response to the motion by President Trump for the court to appoint a special master to review the seized material from the DOJ/FBI raid on Mar-a-Lago. [Court pdf Here] Additionally, the outside government Lawfare group has filed an amicus brief supporting the DOJ-NSD position [Amici court pdf Here]
Essentially the position of the DOJ boils down to… They have already reviewed the material. Yes, there was attorney-client privilege material seized; but they swear the internal team segregated the legally confidential material and the DOJ investigators & prosecutors didn’t see it – double pinkie swear, yer honor.
Additionally, in a nice lawfare maneuver, the DOJ claims President Trump never formally evoked ‘executive privilege‘ on any material at Mar-a-Lago; therefore, despite his position as a former President, he was/is legally considered an ordinary citizen for the purpose of raiding his home to seize material the government considers vital to national security.
To complement the created DOJ narrative for media consumption, and to assist the media effort for direct distribution of the DOJ position, Main Justice released a picture as an example of the documents seized. The DOJ literally staged and created this photo for media to use, then released it in the court filing. Slick lawfare:
The cover sheets are essentially non sequitur as they do not necessarily describe or affirm the nature of the documented material underneath. “HCS-P/SI/TK” looks all officially looming; however, it doesn’t necessarily mean any of the information is classified as HCS (HUMINT Control System, or human intelligence), SI (special intelligence), or TK (talent keyhole), or SCI (Sensitive Compartmented Information), aka the silos.
One word or paragraph could be considered ‘special intelligence’. Example “FISA” or “FISC”. You might remember our prior discussions that every document that contains the designation of the Foreign Intelligence Surveillance Court, FISA or FISC, literally those words or abbreviations, is considered classified special intelligence.
Here we go… It was only a matter of time before the DOJ-NSD architects of the Trump targeting operation came out from the shadows. This is the moment long-time readers of CTH should have been waiting for. For the past five years Mary McCord has been one of a small and select lawfare group organizing the targeting of President Trump.
Mary McCord led the support team who created the Carter Page FISA warrant using the Steele Dossier to replace the required ‘Wood’s file’. McCord was the DOJ-NSD official who traveled with DOJ Deputy AG Sally Yates to talk to former White House counsel Don McGhan which weaponized the Flynn-Kislyak call to remove Trump’s National Security Advisor.
Mary McCord was the person who organized Alexander Vindman and Eric Ciaramella to construct the first impeachment effort. Additionally, it was Mary McCord along with her former legal counsel, turned Intelligence Community Inspector General, Michael Atkinson, who changed the ICIG whistleblower rules allowing an anonymous complaint to underpin the false accusations from Ciaramella against Trump.
It was also Mary McCord who was appointed by FISA court Judge James Boasberg as an amici curia to the court, intercepting issues of false information in filings from the DOJ-NSD to the court as constructed by Kevin Clinesmith.
It was Mary McCord who then took up the lead congressional position within the impeachment construct created by Adam Schiff and Jerry Nadler, and it was Mary McCord who then joined the January 6 Committee in the committee fight to obtain President Trump’s white house records.
Mary McCord surfaces today with ABC’s George Stephanopoulos to outline what her team has currently constructed, including the specific targeting approaches her DOJ-NSD and Lawfare crew have put together.
As noted by McCord, the ‘obstruction of justice’ angle is a repeat of the threat used by the Deep State to keep the criminal conduct of the DOJ-NSD from being exposed. WATCH:
When the Carter Page FISA application was originally assembled by the FBI and DOJ, there was initial hesitancy from within the DOJ National Security Division (DOJ-NSD) about submitting the application, because it did not have enough citations in evidence (the infamous ‘Woods File’). That’s why the Steele Dossier ultimately became important. It was the Steele Dossier that provided the push, the legal cover needed for the DOJ-NSD to submit the application for a Title-1 surveillance warrant against the campaign of Donald J. Trump.