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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsOpinion The big takeaway from Trump's legal filings: He has no defense
TFG has no real defense. Yesterday's filing was pure dreck
Link to tweet
https://www.washingtonpost.com/opinions/2022/09/13/trump-filing-classified-documents-takeaways/
Nevertheless, the filing is quite revealing, even if any rational judge would dismiss it out of hand. It demonstrates that Trump really has no excuse for having highly classified documents unsecured at Mar-a-Lago.
The brief never explicitly claims that Trump declassified any document only that he had the power to do so. As former acting solicitor general Neal Katyal tweeted, If Trump really thought he had declassified the documents, he [and] his lawyers would have said so. The fact that they never say in court what they say outside of [court] is itself damning.
Its a puzzle what his lawyers think would be a defense. Former federal prosecutor Andrew Weismann tells me, His only possible defense is I did not know I had government documents at Mar-a-Lago. But that wont work, Weissmann says, because there is so much contrary evidence that we know of already. As he points out, the government executed its search warrant after Trumps team said it returned everything because the government knew that assurance was false......
Trump has spent much of his life saying outrageous, false things. That simply does not work in court when the law is crystal clear and people outside the MAGA cult are rendering judgment. That may explain why Trumps aim has always been to delay and delay, hoping some future Republican president (himself perhaps!) will, if needed, pardon him.
Blue Owl
(50,373 posts)gratuitous
(82,849 posts)Will the Post take the unthinkable step of questioning the ruling of a corrupt judge?
Magic 8 Ball says, "That's not our place."
underpants
(182,802 posts)different article but it said basically the same.
What defense could they have? Mind you Trump is running this so thats not good to start with. We know he had stolen property in his residence. If a kid gets caught with weight what are they told? Its best if you take the plea. What else do his C-League (at best) lawyers have?
Effete Snob
(8,387 posts)Defense to what?
LetMyPeopleVote
(145,231 posts)I love good legal writing. This response was well done and made me smile. The DOJ destroyed the rather feeble attempts at arguments made by TFG's attorneys.
Link to tweet
https://www.lawfareblog.com/justice-department-files-response-trumps-opposition-governments-motion-partial-stay-cannon-ruling
In its reply, the Justice Department argued that Trump cannot plausibly establish a property interest in the classified documents, as would be necessary for the court to exercise equitable jurisdiction. It further argued that Trump cannot plausibly assert either attorney-client or executive privilege over the classified documents. Finally, it argued that without a stay, the government and the public would suffer irreparable harm, whereas Trump had failed to prove that he would suffer any cognizable harm at all.
There is a link to the opinion on this tweet
Link to tweet
LetMyPeopleVote
(145,231 posts)"Plaintiff offers no response to the governments multiple arguments demonstrating that he cannot plausibly assert executive privilege ..
Link to tweet
Link to tweet