Carolyn Maloney Provides NARA Cause to Assert Standing

[Just_Vote_Dem]

Carolyn Maloney just made a request of Acting Archivist Debra Steidel Wall -- that she provide a report on any documents still missing from Donald Trump's stash by September 27 -- that may give NARA cause to intervene to access the documents seized last month.

And Steidel Wall must intervene-in DC, not Florida. It's a request from Congress.

More at https://www.emptywheel.net/2022/09/13/carolyn-maloney-provides-nara-cause-to-assert-standing/

[Hugh_Lebowski]

1. Based on the OP, sounds like a ... good thing? (nt)

[Just_Vote_Dem]

3. Yes

The FBI has the docs, but can't do anything with them because of Judge Cannon. This request will go to a DC court, not Donny's favorite jurisdiction.

[Hugh_Lebowski]

4. Cool then, thanks!

Also I've officially dubbed her Judge Qannon

[Just_Vote_Dem]

5. You're very welcome!

Good one

[onecaliberal]

2. Back where the case belongs in DC is great

[onenote]

6. I don't think this will change anything.

If NARA has to intervene, the court in which they would intervene is in Florida, not DC.

If they believe this request gives them a reason to file their own new lawsuit in DC, they will lose.

[Hermit-The-Prog]

7. DC, says 44 U.S. Code § 2204(e)

(e) The United States District Court for the District of Columbia shall have jurisdiction over any action initiated by the former President asserting that a determination made by the Archivist violates the former President’s rights or privileges.

If the former president objects to the Oversight Committe requests, it goes to DC to resolve. If he doesn't object, the Committee gets the certification and docs.

See also, the letter:
2022-09-13.CBM to Steidel Wall-NARA re MAL Certification FINAL

[onenote]

9. Yes. But this would be an action initiated by NARA, not Trump.

The language of the statutory provision you cite is very precise.

I'm not even sure what the action brought by NARA would be. To get the documents? The DC court almost certainly would defer to the Florida court where the fate of the documents is currently being litigated.

DOJ's position in the Florida case is that NARA doesn't have documents which explains why DOJ has never suggested that the case shouldn't have been filed in Florida.

[Hermit-The-Prog]

10. The only action initiated by NARA would be at the urging of the Committee

The action requested is that NARA seek written certification from trump "that he has surrendered all presidential records or classified materials, has not made any copies or reproductions of such materials, and has not transferred any records or government documents to any party other than NARA or DOJ since his term ended." That's not a court action.

[onenote]

11. Then there wouldn't be a court case in DC, right?

Which was my point.

[Hermit-The-Prog]

12. Correct. It would require an assertion of rights by TFG to go to DC.

[lindysalsagal]

14. Loveitloveitloveit

Ha ha! Out-maneuvered the idiot judge!

[Demsrule86]

8. That is clever. We will miss her.

[mackdaddy]

13. Does not the National Archives basically OWN all of these documents and Trump has stolen them?

There is lots of (valid) concern about the Classified material, but basically everything dealing with the Office of the President is owned or property of the National Archives for the American People.

Much outside of classified documents would be what the "special master" would be reviewing, and unless is it truly trump personal then it all belongs to the NARA.

The NARA does not seem to be represented at this time. These are not Florida District documents, but DC district documents. Seems like the DC Courts should be handling it as Trump has very little valid claim to anything except these few personal items like his passports which were incidentally swept up because they were with the stolen Federal owned documents.

[spanone]

15. K&R