Mar- A Lago raided FBI Warrants
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cannabineer
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Trump asks Supreme Court to intervene in legal fight over special master
President Trump’s legal team on Tuesday asked the Supreme Court to intervene in its legal battle to have a third party review the thousands of pages of government records he stored at his Florida home.
The filing from the Trump team asks the high court to lift a stay granted by the U.S. Court of Appeals for the 11th Circuit that allowed the Justice Department to review more than 100 classified records taken from Mar-a-Lago during its August search.
Trump’s lawyers, in court papers, argued that the federal appeals court erred by allowing the Justice Department to appeal a move that was procedural in nature.
“Nonetheless, the Eleventh Circuit granted a stay of the Special Master Order, effectively compromising the integrity of the well-established policy against piecemeal appellate review and ignoring the District Court’s broad discretion without justification,” they wrote. “This unwarranted stay should be vacated as it impairs substantially the ongoing, time-sensitive work of the Special Master.”
The filing contains similar elements from many of its earlier legal briefs, floating that the documents in question may have been declassified by Trump and that the government was overreacting in its effort to seek their return.
“In sum, the government has attempted to criminalize a document management dispute and now vehemently objects to a transparent process that provides much-needed oversight,” they wrote.
A three-judge panel for the 11th Circuit ruled late last month that the Justice Department could access the classified records, a reversal from a Florida district judge who has sided with Trump in granting the request for a special master and dictating that the review include all records at Mar-a-Lago, even intelligence records.
“Plaintiff has not even attempted to show that he has a need to know the information contained in the classified documents. Nor has he established that the current administration has waived that requirement for these documents,” the appeals court judges wrote.
The court ruled that Florida District Judge Aileen Cannon “erred” in including the classified records and cast doubt on whether a special master should have been appointed at all.
The request from Trump only seeks to allow the special master to review the classified records but does not seem to block the Justice Department from continuing use of the records in its own investigation.
The latest motion from the Trump team follows a move by the Justice Department to expedite its appeal before the 11th Circuit challenging the special master appointment.
The battle over the special master appointment comes after the FBI searched Trump’s Mar-a-Lago home, seizing some 200,000 pages of government records alongside the classified ones.
Trump has argued that he has the right to retain some of the documents under executive privilege, while the Justice Department said any documents created while Trump served as the executive are therefore presidential records that must be maintained by the National Archives and are not his personal property.
The special master is set to review the more than 10,000 unclassified documents that Trump argues could be covered by executive or attorney-client privileges.
Trump’s legal team again suggested that Trump could have declassified the records in his home – a claim they’ve failed to fully make, even when asked by the special master they sought to provide evidence that Trump had done so.
“Since President Trump had absolute authority over classification decisions during his Presidency, the current status of any disputed document cannot possibly be determined solely by reference to the markings on that document,” Trump’s team wrote in the brief.
thehill.com
President Trump’s legal team on Tuesday asked the Supreme Court to intervene in its legal battle to have a third party review the thousands of pages of government records he stored at his Florida home.
The filing from the Trump team asks the high court to lift a stay granted by the U.S. Court of Appeals for the 11th Circuit that allowed the Justice Department to review more than 100 classified records taken from Mar-a-Lago during its August search.
Trump’s lawyers, in court papers, argued that the federal appeals court erred by allowing the Justice Department to appeal a move that was procedural in nature.
“Nonetheless, the Eleventh Circuit granted a stay of the Special Master Order, effectively compromising the integrity of the well-established policy against piecemeal appellate review and ignoring the District Court’s broad discretion without justification,” they wrote. “This unwarranted stay should be vacated as it impairs substantially the ongoing, time-sensitive work of the Special Master.”
The filing contains similar elements from many of its earlier legal briefs, floating that the documents in question may have been declassified by Trump and that the government was overreacting in its effort to seek their return.
“In sum, the government has attempted to criminalize a document management dispute and now vehemently objects to a transparent process that provides much-needed oversight,” they wrote.
A three-judge panel for the 11th Circuit ruled late last month that the Justice Department could access the classified records, a reversal from a Florida district judge who has sided with Trump in granting the request for a special master and dictating that the review include all records at Mar-a-Lago, even intelligence records.
“Plaintiff has not even attempted to show that he has a need to know the information contained in the classified documents. Nor has he established that the current administration has waived that requirement for these documents,” the appeals court judges wrote.
The court ruled that Florida District Judge Aileen Cannon “erred” in including the classified records and cast doubt on whether a special master should have been appointed at all.
The request from Trump only seeks to allow the special master to review the classified records but does not seem to block the Justice Department from continuing use of the records in its own investigation.
The latest motion from the Trump team follows a move by the Justice Department to expedite its appeal before the 11th Circuit challenging the special master appointment.
The battle over the special master appointment comes after the FBI searched Trump’s Mar-a-Lago home, seizing some 200,000 pages of government records alongside the classified ones.
Trump has argued that he has the right to retain some of the documents under executive privilege, while the Justice Department said any documents created while Trump served as the executive are therefore presidential records that must be maintained by the National Archives and are not his personal property.
The special master is set to review the more than 10,000 unclassified documents that Trump argues could be covered by executive or attorney-client privileges.
Trump’s legal team again suggested that Trump could have declassified the records in his home – a claim they’ve failed to fully make, even when asked by the special master they sought to provide evidence that Trump had done so.
“Since President Trump had absolute authority over classification decisions during his Presidency, the current status of any disputed document cannot possibly be determined solely by reference to the markings on that document,” Trump’s team wrote in the brief.
Trump asks Supreme Court to intervene in legal fight over special master
President Trump’s legal team on Tuesday asked the Supreme Court to intervene in its legal battle to have a third party review the thousands of pages of government records he stored at his Florida h…
thehill.com
Budzbuddha
Well-Known Member
Wahhhhhhhhh wahhhhhh ! ….
cannabineer
Ursus marijanus
Budzbuddha
Well-Known Member
Make it a clown fish.
cannabineer
Ursus marijanus
Roger A. Shrubber
Well-Known Member
But the president does not have absolute authority over classifying or declassifying certain documents...
https://www.lawfareblog.com/can-trump-just-declare-nuclear-secrets-unclassified
There are procedures that have to be gone through, and other branches of the government, other facilities that have this information have to be told that it is being declassified...None of which ever happened.
Also, Congress established a separate system for protecting certain nuclear secrets in the Atomic Energy Act. It requires consulting the Pentagon and the Energy Department in any decision to downgrade protections and uses different terms, like “restricted data.” In everyday parlance, people often refer to that kind of information as classified as well. Again, none of this ever happened.
DIY-HP-LED
Well-Known Member
Lawrence: Trump Lawyers Stepped In It Admitting ‘Trump’s Possession’ Of Classified Docs
423,352 views Oct 5, 2022 MSNBC’s Lawrence O’Donnell analyzes a new filing from Donald Trump’s legal team requesting that the Supreme Court block an appeals court ruling that allows the Justice Department to use the 100 classified documents the FBI seized from Mar-a-Lago. In the filing, Trump’s legal team goes one step further than they have in previous filings by admitting that Trump had possession of the government’s documents.
DIY-HP-LED
Well-Known Member
Mary Trump: Everything Donald Has Done Is A 'Prelude To Worse Things To Come'
516,955 views Oct 4, 2022 Author and niece of the former president Mary Trump discusses with Nicolle Wallace why she thinks her uncle kept classified documents at Mar-a-Lago and why she fears a second term.
DIY-HP-LED
Well-Known Member
Why Trump Taking Mar-a-Lago Battle To SCOTUS Likely Won't Work
141,780 views Oct 5, 2022 Former President Donald Trump filed an emergency request Tuesday asking the Supreme Court to intervene in the case involving classified records he kept at Mar-a-Lago after he left office. Chuck Rosenberg joins Morning Joe to discuss.
printer
Well-Known Member
Court agrees to fast-track DOJ’s appeal in Trump special master case
A federal appeals court on Wednesday agreed to fast-track an appeal by the Department of Justice (DOJ) over the appointment of a special master to review thousands of pages of government records seized this summer from former President Trump’s Florida home.
The one-page order by the U.S. Court of Appeals for the 11th Circuit sets an aggressive timeline for the case, ordering that multiple rounds of paper briefs by the DOJ and Trump to wrap up by Nov. 17.
The Atlanta-based appeals court previously handed the DOJ a temporary victory in the case, agreeing to partially block a judge’s order that would have halted federal investigators from reviewing 100 classified documents that were among the records taken in August from Trump’s Mar-a-Lago residence.
In a related development on Tuesday, Trump asked the Supreme Court to reverse the 11th Circuit’s interim ruling while the appeal plays out. The government’s response to the justices is due Tuesday.
thehill.com
A federal appeals court on Wednesday agreed to fast-track an appeal by the Department of Justice (DOJ) over the appointment of a special master to review thousands of pages of government records seized this summer from former President Trump’s Florida home.
The one-page order by the U.S. Court of Appeals for the 11th Circuit sets an aggressive timeline for the case, ordering that multiple rounds of paper briefs by the DOJ and Trump to wrap up by Nov. 17.
The Atlanta-based appeals court previously handed the DOJ a temporary victory in the case, agreeing to partially block a judge’s order that would have halted federal investigators from reviewing 100 classified documents that were among the records taken in August from Trump’s Mar-a-Lago residence.
In a related development on Tuesday, Trump asked the Supreme Court to reverse the 11th Circuit’s interim ruling while the appeal plays out. The government’s response to the justices is due Tuesday.
Court agrees to fast-track DOJ’s appeal in Trump special master case
A federal appeals court on Wednesday agreed to fast-track an appeal by the Department of Justice (DOJ) over the appointment of a special master to review thousands of pages of government records se…
thehill.com
DIY-HP-LED
Well-Known Member
DIY-HP-LED
Well-Known Member
I agree, but there are reasons, the top-secret documents and obstruction of justice will put him away for good after the election, it's an easy case to make, real simple. The other good thing about it is there are harsh sentencing guidelines and lots of precedent, if convicted, it is no slap on the wrists, but a bitch slap to Hell!
CunningCanuk
Well-Known Member
I resent the way you flaunt your free time.
cannabineer
Ursus marijanus
neener