JUST IN: Trump files 21-page opposition to DOJ request for a stay of Judge Cannon's order.

[kpete]

Last edited Mon Sep 12, 2022, 11:08 AM - Edit history (1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION
CASE NO. 22-81294-CIV-CANNON
DONALD J. TRUMP,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.
____________________________________/
DONALD J. TRUMP’S RESPONSE IN
OPPOSITION TO THE UNITED STATES’
MOTION FOR A PARTIAL STAY PENDING APPEAL
I. INTRODUCTION
This investigation of the 45th President of the United States is both
unprecedented and misguided. In what at its core is a document storage dispute that
has spiraled out of control, the Government wrongfully seeks to criminalize the
possession by the 45th President of his own Presidential and personal records. By
way of its Motion [ECF No. 69], the Government now seeks to limit the scope of any
review of its investigative conduct and presuppose the outcome, at least as regards to
what it deems are “classified records.” However, the Court’s Order [ECF No. 64] is a
sensible preliminary step towards restoring order from chaos. The Government
should therefore not be permitted to skip the process and proceed straight to a
preordained conclusion.

The filing, for the nth time, dances around the idea of whether Trump actually declassified any of the records in question.

First, the Government’s position incorrectly presumes the outcome—that its
separation of these documents is inviolable and not subject to question by this Court
or anyone else. Second, the Government’s stance assumes that if a document has a
classification marking, it remains classified irrespective of any actions taken during
President Trump's term in office. Third, as noted above, the Government continues
to ignore the significance of the PRA. Indeed, if any seized documents (including any
purported “classified records”) are Presidential records, President Trump (or his
designee, including a neutral designee such as a special master) has an absolute right
of access to same under the PRA. 44 U.S.C. § 2205(3). Accordingly, President Trump
(and, by extension, a requested special master) cannot be denied access to those
documents.

Link to tweet

?s=20&t=_OKDSa3G9zEcmhcf_YH34A

Here, Trump's lawyers directly contradict Trump by saying the issue of whether the docs remain classified is "to be determined later."

The Government contends that President Trump can have no such interest in the
purported "classified records." But, again, the Government has not proven these
records remain classified. That issue is to be determined later.

Link to tweet

?s=20&t=Sjw3anrS8eeN7b5xkV8EzA
https://storage.courtlistener.com/recap/gov.uscourts.flsd.618763/gov.uscourts.flsd.618763.84.0.pdf

Rather critically, Trump concedes that EO 13526 still governs.

Among other things that's a concession that classified documents have to be kept securely and that the President gets to decide — that Judge Cannon has literally ZERO authority here. pic.twitter.com/O3rtPq8ZIv

— emptywheel (@emptywheel) September 12, 2022

After conceding that Cannon and any Special Master she appoints have zero authority over classified docs, Trump he concedes he should be before Beryl Howell.

Damn, this is DEVASTATING to Trump's case!

Good thing Cannon will rewrite it.

Link to tweet

?s=20&t=rkN_yU12hKoY7kVlx4KxVw

[spanone]

1. Delay, Delay, Delay.....'a document storage dispute'....utter bullshit.

[Mike Nelson]

2. Yikes!

... I thought it was only US government record they retrieved, rightfully! But "personal" records, too... that means all kinds of sordid and illegal Donald docs!

[SergeStorms]

12. Did they retrieve them from the septic system?

Other than newspaper articles about himself, Trump didn't retain any notes or correspondence. Everything else was wadded up and flushed down the shitter.

I pity the poor Special Agents who were on that detail! 💩

[wnylib]

32. Gloves and masks

[Botany]

3. Oh please. It is not a document storage dispute. It is about the theft of the nation's top secrets

and the selling of that information to the enemies of America. It is about obstruction, espionage,
and violations to the Presidential records act.


"In what at its core is a document storage dispute that has spiraled out of control, the Government wrongfully seeks to criminalize the possession by the 45th President of his own Presidential and personal records."

[Mad_Machine76]

5. Ah

faithfully picking up Rubio's talking points

[Rebl2]

11. Exactly

It is obstruction and espionage.

[gab13by13]

4. Trump has a sharp lawyer,

I bet he makes sure to pay him.

[kentuck]

6. The premise is absurd. There is no "storage dispute".

The documents do not belong to him. He is not permitted to store them, especially top secret documents of this nation, at his country club.

There is no dispute.

[LetMyPeopleVote]

7. Thank you for the link to the filing

TFG's attorneys have responded to the DOJ Motion for Partial Lift of Stay and these idiots have doubled down on the concept that TFG still owns the classified documents

Link to tweet

It seems that TFG's attorneys want to confuse the issue of access to the documents vs. possession

Link to tweet

[Walleye]

8. Hint: If the folder says classified in big letters information in it is classified

If they are declassified, let’s see them all. Like the MAGAs that are clogging up election offices with FOIA requests

[SergeStorms]

13. Let's see the paperwork involved....

in Trump's declassification of said records.

In government there's always a paper trail, whether TFG believes in it or not. There has to be paperwork involved in declassifying Top Secret docs. If Trump can't produce the papers then none of them are legally declassified.

[The Bopper]

28. You may

Have given the Trumpettes the out on all the empty classified folders. They’ll say because they’re empty they are no longer classified.

[Walleye]

30. Nope. The folders themselves are classified. I'm sure they have some numbers and letters on them

[LetMyPeopleVote]

9. TFG's latest filing relies on the Presidential Records Act

The entire TFG filing is based on the Presidential Records Act which means that the DC Courts are the only court with jurisdiction

Link to tweet

[ThoughtCriminal]

10. Bank Robbery

Is just a currency storage dispute.

[bucolic_frolic]

14. Legal hash: Team of minor league judicial hacks throw spaghetti at the wall

That's why the filing internally contradicts itself - no central controlling lead with a brain.

[kacekwl]

15. In a normal world

this would be torn up and thrown in the garbage. Why is anyone paying any mind to these trzitors. ENOUGH.

[kacekwl]

16. In a normal world

this would be torn up and thrown in the garbage. Why is anyone paying any mind to these trzitors. ENOUGH.

[ultralite001]

17. I freakin' object to, and I continue to be offended by, their continued use of...

"President" RTump in their filings...

Call him Donald... Call him the former president... Call him the ex-pres...
Call him whatever, but...


The RTumpster is NOT the President...


That is all...

[homegirl]

25. AMEN...

MILLIONS AGREE WITH YOU!

[housecat]

18. Timing can determine outcomes. For example, Biden's timing to run for POTUS was excellent

[Zambero]

19. If someone were to commit a robbery at Fort Knox...

would that become a"gold storage issue"?

[infullview]

20. Biden needs to step in and declare these documents as classified.

As president, he has every right to reclassify a document - he should put this question to bed post haste and let the criminal indictment proceed.

[Poiuyt]

21. You know this is going to be settled in the Supreme Court

Trump will keep appealing until it gets there.

[BobTheSubgenius]

22. The core of his argument, almost always, is...

..."I don't wanna."

[dchill]

23. IANAL, but if I can see what a load this thing is...

...why can't Aileen Cannon?

[sarcasmo]

24. Did Herschel Walker file that opposition?

[RealityBasedNewYorkr]

26. It's not a bank robbery, it's a currency storage dispute

The bank wanted to store it inside the bank, the bank robber wanted to store it in his home. What’s the big deal?

[dalton99a]

29. +1

[UTUSN]

27. K&R

[scipan]

31. Didn't Obama get copies, and the archives charge him for the copies?

I'm pretty sure.

[Ford_Prefect]

33. Just how many text messages, emails and phone calls did they make to the judge's chambers or

the Federalist Society after hours help line?