Trump lawyers fold on one special master defense -- probably to avoid making false statements

[LetMyPeopleVote]

At least one TFG attorney is going to face sanctions/prosecution for lying. The other TFG attorneys are not going to take any chances. TFG's moronic claim that he declassified all documents has not been advanced by TFG attorneys

Link to tweet

https://www.rawstory.com/trump-declassified-2658173705/

"The two sides also clashed substantially over the duties of the special master. Mr. Trump’s lawyers argued that the arbiter should look at all the documents seized in the search and filter out anything potentially subject to attorney-client or executive privilege," The New York Times reported. "By contrast, the government argued that the master should look only at unclassified documents and should not adjudicate whether anything was subject to executive privilege."

Former Deputy Assistant Attorney General Harry Litman tweeted, importantly, Trump doesn’t argue that he declassified material."

Litman was not the only legal expert to focus on the importance of the omission.

National security attorney Bradley Moss wrote, "With yet another court filing, it is increasingly clear there is no evidence of Trump's alleged 'standing declassification order,' and no evidence that these particular classified records were ever declassified."

Former Pentagon special counsel Ryan Goodman wrote, "Gosh, I wonder why President Trump's side did not claim he declassified MAL documents, and instead just said this milquetoast line. Easy bet: Because they do not want to be caught in a false statement to a court - subject to sanctions and 18 USC 1001."

[Chainfire]

1. If the records are all declassified, where can I get my copies?

[getagrip_already]

2. it is, and always has been a media ruse......

Even if he had followed the process and successfully declassified those documents, as soon as he left office the govt could have reclassified them.

Merely stating that the documents with classified marking were classified made them so,

The gov't can do that. Take any document and classify it. They do it every day. Declassification isn't permanent.

But in this case, it's moot because tfg never actually declassified them

They were far more valuable classified. If he had gone through the process to declassify them, risk assessments and risk mitigation would have occurred.

The documents are far more valuable to a third party if no risk mitigation was performed.

[Captain Zero]

3. Exactly. I want to buy some declassified copies.

If this were fact.
News organizations could file FOIA on them too.

[mopinko]

9. that's what a couple news outlets did, i think.

or said they would do. at that point, they came up w another story.

[Nevilledog]

4. But notice Cannon doesn't refer to these documents as classified.

In her orders she has only referred to them as documents.

[ShazzieB]

5. Maybe because she's roo dumb to know the difference or understand the ramifications?

Or is it just because her main concern is giving Trump what he wants, regardless of national security considerations or who may be harmed by the mishandling of those documents?

"Yes" to any or all of the above would reflect very, very poorly on both her competence and her ethics, of course. Oops!

[Nevilledog]

7. I think she's looking for any way to say trump can have the documents.

DOJ repeatedly says they're classified and she responds back "allegedly classified".

It make no fucking difference in the long run because they don't belong to Donald, they belong to the government.

Reading her shit makes me firmly believe she has no clue how the applicable laws work.

[ShazzieB]

6. Maybe because she's roo dumb to know the difference or understand the ramifications?

Or is it just because her main concern is giving Trump what he wants, regardless of national security considerations or who may be harmed by the mishandling of those documents?

"Yes" to any or all of the above would reflect very, very poorly on both her competence and her ethics, of course. Oops!

[Hermit-The-Prog]

8. 18 U.S. Code § 1001

18 U.S. Code § 1001 - Statements or entries generally

(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(2) makes any materially false, fictitious, or fraudulent statement or representation; or

(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.

(b) Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.

(c) With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to—

(1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or

(2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.

[triron]

10. So that's the statute they are avoiding violating?

[Hermit-The-Prog]

11. It's the one cited at the end of the excerpt in the OP.