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DOJ to appeal special master ruling, arguing classified documents aren't Trump's 'personal records'
The DOJ Motion for partial Stay Pending Appeal is one of the best filings that I have read. Here is a link to the filing https://storage.courtlistener.com/recap/gov.uscourts.flsd.618763/gov.uscourts.flsd.618763.69.0_2.pdf
The DOJ is educating the idiot judge on the law and pointing out the major fallacy of TFG's position for special master with respect to the classified documents. TFG does not own these documents and there has never been a good explanation as to why TFG had these records/documents. TFG seems to think that he still has right to these documents and want them returned to him which is in part of the reason for the idiot judge's order for a special master to examine all documents for executive privilege.
Link to tweet
https://www.nbcnews.com/politics/justice-department/justice-department-appeal-judges-ruling-special-master-trump-search-rcna46915
The hundreds of pages of classified government records seized from Donald Trump's Mar-a-Lago estate last month aren't the former president's "personal records," and he has no right to possess them, the Justice Department said in a court filing Thursday as it said the government would appeal a judge's ruling on the matter.
The Justice Department will appeal U.S. District Judge Aileen Cannon's ruling for a special master to look at the documents seized during the search of Trump's Mar-a-Lago home, according to the notification filed Thursday. The Justice Department said it will file its appeal to the United States Court of Appeals for the 11th Circuit.
The department also asked for a partial stay of Cannon's ruling while the appeal is pending, saying that "the government and the public are irreparably injured when a criminal investigation of matters involving risks to national security is enjoined."
Parts of Cannon's ruling — specifically those enjoining the government from doing anything with the classified records it seized — would "cause the most immediate and serious harms to the government and the public." The government also wrote, in an eyebrow-raising line, that the injunction could "impede efforts to identify the existence of any additional classified records that are not being properly stored."
"The classified records are government property over which the Executive Branch has control and in which Plaintiff has no cognizable property interest," the Justice Department wrote......
The hundreds of pages of classified government records seized from Donald Trump's Mar-a-Lago estate last month aren't the former president's "personal records," and he has no right to possess them, the Justice Department said in a court filing Thursday as it said the government would appeal a judge's ruling on the matter.
The Justice Department will appeal U.S. District Judge Aileen Cannon's ruling for a special master to look at the documents seized during the search of Trump's Mar-a-Lago home, according to the notification filed Thursday. The Justice Department said it will file its appeal to the United States Court of Appeals for the 11th Circuit.
The department also asked for a partial stay of Cannon's ruling while the appeal is pending, saying that "the government and the public are irreparably injured when a criminal investigation of matters involving risks to national security is enjoined."
Parts of Cannon's ruling — specifically those enjoining the government from doing anything with the classified records it seized — would "cause the most immediate and serious harms to the government and the public." The government also wrote, in an eyebrow-raising line, that the injunction could "impede efforts to identify the existence of any additional classified records that are not being properly stored."
"The classified records are government property over which the Executive Branch has control and in which Plaintiff has no cognizable property interest," the Justice Department wrote.
The Justice Department will appeal U.S. District Judge Aileen Cannon's ruling for a special master to look at the documents seized during the search of Trump's Mar-a-Lago home, according to the notification filed Thursday. The Justice Department said it will file its appeal to the United States Court of Appeals for the 11th Circuit.
The department also asked for a partial stay of Cannon's ruling while the appeal is pending, saying that "the government and the public are irreparably injured when a criminal investigation of matters involving risks to national security is enjoined."
Parts of Cannon's ruling — specifically those enjoining the government from doing anything with the classified records it seized — would "cause the most immediate and serious harms to the government and the public." The government also wrote, in an eyebrow-raising line, that the injunction could "impede efforts to identify the existence of any additional classified records that are not being properly stored."
"The classified records are government property over which the Executive Branch has control and in which Plaintiff has no cognizable property interest," the Justice Department wrote......
The hundreds of pages of classified government records seized from Donald Trump's Mar-a-Lago estate last month aren't the former president's "personal records," and he has no right to possess them, the Justice Department said in a court filing Thursday as it said the government would appeal a judge's ruling on the matter.
The Justice Department will appeal U.S. District Judge Aileen Cannon's ruling for a special master to look at the documents seized during the search of Trump's Mar-a-Lago home, according to the notification filed Thursday. The Justice Department said it will file its appeal to the United States Court of Appeals for the 11th Circuit.
The department also asked for a partial stay of Cannon's ruling while the appeal is pending, saying that "the government and the public are irreparably injured when a criminal investigation of matters involving risks to national security is enjoined."
Parts of Cannon's ruling — specifically those enjoining the government from doing anything with the classified records it seized — would "cause the most immediate and serious harms to the government and the public." The government also wrote, in an eyebrow-raising line, that the injunction could "impede efforts to identify the existence of any additional classified records that are not being properly stored."
"The classified records are government property over which the Executive Branch has control and in which Plaintiff has no cognizable property interest," the Justice Department wrote.
The effect of these arguments is to educate the idiot judge and to gut the reasoning for a special master for these docuemnts.
This idiot judge has read the DOJ filing and is clearly worried. The judge has asked for the parties to address tomorrow the DOJ's argument
Link to tweet
The DOJ conferred with TFG's idiot lawyers and TFG is opposed to the DOJ motion for a partial lift of the stay.
To respond to the DOJ motion, TFG's attorneys will need to address the following:
1. Why did TFG have these documents? What was the purpose for TFG stealing and holding these documents? To date, TFG has never answered this question.
2. Will TFG's attorneys make in court the claim that these documents were declassified? TFG has made this claim outside of court but so far none of TFG's attorneys have made this claim. See https://www.democraticunderground.com/100217112652 TFG's attorneys will not make this claim in court unless there is real proof of such declassification other than TFG's out of court claims
3. What is the basis for TFG to claim ownership of these documents? Why should these documents be returned to TFG?
4. What is the basis of any claim of executive privilege with respect to these documents. The DOJ filing does a great job of showing why the concept of executive privilege does not apply. The SCOTUS ruled 8-1 earlier this year on TFG's right to claim executive privilege.
5. Why did the other TFG attorneys' lie to the DOJ about whether TFG had returned all documents? This issue will overhang the arguments in that TFG's attorneys have been caught in lies.
It appears that this judge is worried. If this partisan hack judge does not change her ruling, the DOJ will be able to appeal this issue on an expedited basis because our national security interests are being put at risk.
5. How could attorney client privilege apply? No attorney for TFG worked on these documents.
Again the filing made by the DOJ is really strong. The judge will be overturned if she denies this motion
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which side of history she wants to fall on.
I agree with you, after reading that brief, she should be overturned if she doesn't agree. The legal arguments are all there.
