Marcy Wheeler (Emptywheel) on Trump's "Special Master" filing

[Just_Vote_Dem]

https://www.emptywheel.net/2022/08/23/trumps-reneges-on-promised-significant-fourth-amendment-filing/#comments


As you no doubt know, Trump filed a document that purports to be a request for a Special Master last night, over a week after discussing privilege issues with DOJ and three days after promising a significant Fourth Amendment filing.

This document is a lot of things:

-A confession to a violation of the Espionage Act
-A confession to making a threat against the Attorney General
-Serial proof that a Trump search was conducted like other searches
-Filed in the wrong place at the wrong time
-Not backed by sworn declarations to substantiate its “factual claims”
An invocation not of special master reviews by Trump’s own personal attorneys but instead an invocation of a terrorist lawyer convicted of conspiring with that terrorist.

One thing it is not is a significant Fourth Amendment filing. Trump couldn’t even manage that competently.
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More good stuff at link above.

[Tetrachloride]

1. So, if admission of Espionage Act,

1. there are indictments in the batter’s box.
or
2. all possible indictments are in a homeless shelter

color me cynical

[Mr. Ected]

2. If Georgia is a state charge slam dunk because of the "perfect phone call"

This has to be a slam dunk federal charge due to multiple occasions of CONFESSIONS to the crimes.

The cowering in fear of a man who will topple democracy and continue to endanger our national security as he has every day since taking office in January 2017 is unbecoming of the World's Greatest Nation.

[Hugin]

3. I'm of the untrained opinion that a "special master" is not needed in this case...

Based on my crudely cobbled together observations that special masters are utilized when a large chunk of personal communication is seized in a warrant search and there are personal messages that are not relevant to the case under investigation mixed in with the relevant material. A special master sifts through and separates the two in an independent manner before turning any relevant evidence over to the investigation.

In this case all of the material is the property of the Federal government illegally in Trump’s possession and is not personal in nature to begin with as was true with some previous searches of Trump associates. Where a special master MAY have been appropriate during the Mueller investigation. At least we know where dumbolini got the idea.

[gab13by13]

4. Exactly,

this is just another delay tactic. The documents all belong to the government thus there is no need for a special master.

[Fiendish Thingy]

9. That isn't known for certain, which is why the FBI is using a filter team

Just as some of Trump’s personal items (passports) were seized in the search, so too might some attorney/client privileged materials.

The federal/classified records would be easily distinguishable from personal records generated by Trump and his attorneys, and would be available to use as evidence once filtering was complete.

The other personal documents could be used as evidence, but may need to be reviewed for privilege exemptions (discussion of intent to commit crimes with attorney) before being released.

Trump is trying to delay his day of reckoning, but I don’t think this ploy will work.

In any case, it’s still going to take some time before DOJ is ready to present this evidence to a grand jury.

[Fiendish Thingy]

7. It is not clear how much, if any, of the documents are personal/privileged

Which is why the FBI is using a “filter team” of agents not connected to the investigation to review the seized documents and identify those which may be privileged. Those documents would be separated for possible additional review by a court appointed Special Master.

The rest of the documents clearly identifiable as federal/classified documents, after filtering, would be available as evidence in any potential prosecution of Trump.

Emptywheel did a whole article on this process a few days ago.

[gab13by13]

11. Kind of late to ask for a special master,

when the FBI had the documents for 2 weeks.

[Fiendish Thingy]

13. The documents are being handled by a filter team not connected with the Trump investigation

DOJ has a buffer zone between the investigators/prosecutors and the agents handling the documents directly.

IIRC, Bratt is the counterintelligence director signing off on DOJ’s handling of the documents, but he is not part of the Trump investigation team.

This is why it is taking time to move forward with indictments.

[Hermit-The-Prog]

18. Slobfather hid some documents in magazines.

Probably thought he could get them back without the FBI noticing.

[maxrandb]

5. Yes, it was a filing, the likes of which had never been seen before

It was a "perfect filing"



Anyway, DU used to have a character, Bob Boudelang, or something like that.

I thought for sure I would see this signature on it.

[NJCher]

6. Some good background on the attorneys at this link

https://www.democraticunderground.com/?com=view_post&forum=1002&pid=17072558

[llashram]

8. interesting, informative site

thank you...

[louis-t]

10. They're hoping this 'Special Master' is a former fox news anchor

or OAN devotee.

[cutroot]

12. It would give them one person to target for their bribes or coercion

Whoever is selected for this task will become an instant scapegoat.

[Poiuyt]

14. Wouldn't any Special Master chosen to sort through documents need to have top

security clearance? How would this person be chosen?

[gab13by13]

15. I think they should choose Peter Strzok,

he probably has clearance.

[LetMyPeopleVote]

16. Donald Trump has filed his "supplemental" motion for relief

It is a piece of crap

Link to tweet

[Hermit-The-Prog]

17. threadreaderapp link...

https://threadreaderapp.com/thread/1561817258309156864.html