The Department of Justice on Thursday moved to appeal a federal judge’s ruling in the dispute over documents seized from Donald Trump’s Mar-a-Lago estate, where the government claims highly classified records were being improperly held.
FBI Search and Seizure at Trump's Mar-A-Lago Residence, August 8, 2022, Case Dismissed July 15, 2024
It’s not redundant. It’s not analysis of the appeal, but discussion of an entirely new filing.
“Thursday’s filing was an attempt to place the onus back on Judge Cannon. The submission of the filing, including the declaration that Judge Cannon’s order was creating national security problems, also added to the factual record the government could put before the appeals court.”
Basically, they are asking the Judge to clarify her order to see if the DOJ can continue looking at just 100 classified documents and continue the investigation using just those 100 documents.
Ruling on this DOJ filing will be next week.
I realize it was not just the appeal, but I have not read all of this thread and could not guarantee something similar had not been posted based on a brief perusal.
From the NYT article above, very brief excerpt
“Prosecutors asked Judge Cannon to allow investigators to continue to use “classified records — a discrete set of just over 100 documents” and to withhold them from the special master…
…The department, in forceful and foreboding language, argued that determining the national security implications of Mr. Trump’s retention of the documents was so intertwined with its criminal investigation that carrying out a separate risk assessment was impossible under the conditions imposed by the court.
Justice Department lawyers complained that the judge’s order was impeding efforts to determine whether there may yet be “additional classified records that are not being properly stored” and noted that the search had recovered empty folders… marked as classified whose contents “may have been lost or compromised.”:
An interesting question but, IME in the military, empty classified folders (some previously used and some brand new and still bundled in shrink wrap) were no different from any other thing in the store room.
Having said that, however, every classified doc, and amendment numbers and date/time groups (DTGs) of supporting correspondence and message traffic etc, was listed in an account log. Notwithstanding empty document folders, I have no doubt that the material at MAL is not properly accounted for and that is both incomprehensible and inexcusable.
This is the one that needs to get accomplished right now. Not only has her ruling stopped the FBI from investigating, the Office of National Intelligence has also stopped their investigation.
In fact, prosecutors indicated the intelligence community had halted its review of the seized materials altogether — including an assessment of whether they, or any sources and methods, had been compromised — due to “uncertainty” around Cannon’s ruling.
A spokesperson for the Office of the Director of National Intelligence confirmed the pause in a statement to POLITICO: “In consultation with the Department of Justice, ODNI temporarily paused the classification review of relevant materials and assessment of the potential risk to national security that would result from the disclosure of the relevant documents.”
So basically, the judge is now putting national security at risk, including a timely assessment of the potential loss of nuclear secrets of a separate country.
Great.
Aileen Cannon’s new wardrobe addition:
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Thanks EP. That’s what I think/thought. Reasonable suspicion. Like my car key stolen car analogy.
If it looks like a duck, walks like a duck and quacks like a duck, guess what.
Sorry, but that is not correct. They need “probable cause” to get a search warrant. “Reasonable suspicion” is a much lower standard. These terms are not interchangeable.
Mea Culpa.
Please swap my words “reasonable suspicion” with “probable cause”. The point remains though, that “dead certainty because someone has seen it there” is not a requirement.
Sooo… Smelling meth cooking or MJ or whatever outside a house is reasonable suspicion.
They could not could a search warrant on the place?
As recently as last year (pdf warning), a court of appeals ruled that smell continues to provide probable cause.
It’s true that we don’t know if there were any documents in those classified/Top Secret folders to start with.
But come on.
Seriously. Why is Trump given the benefit of the doubt at any time by anyone? As things stand now, sure sometimes the folders are just empty folders that never folded anything. And at other times, they contain the most highly classified intel that we have, such intel as Trump has proven to handle in a dangerous and criminal way.
With guns, they say to always assume it’s loaded. With Trump, I’m always assuming nefarious, selfish, criminal intent.
We may not but surely someone knows. I would think there would be a way to present that info to a judge in secret.
At least with guns, you can put on the safety or unload it.
You still treat it as loaded. Even if you unloaded it yourself. That’s the number one rule about fire arms. But I should not hi-jack.
Who though? Someone that packed boxes at the White House 18 months ago? A random staffer? Someone that works at MaL?
There are two people that know. DJT and IF he gave them or sold them away, that person. I don’t give a tinkers dam about what the MAGAT’s may do. I just don’t. They will continue to cry about how they have been persecuted for being total uninformed assholes. That is their entire shtick. They will not stop, even when they crawl beneath the rocks that Trump unearthed. F’m.
We should try to protect that information or see who it may have gone to. First step is to get into and search Trumps other properties. This is our, and other nations national security.
I completely believe that there is reasonable cause to get other search warrants. It all should have happened on the same day that MaL was searched. If any documents where at other properties, they are probably long gone by now. It’s ridiculous.
I may be wrong but I would think some people know how the documents are categorized/stored/whatever or at least thrre would be somewhere where that info is kept.
But ya I agree either way based on public info there’s a ton of evidence he still has important secret documents. It’s kind of insane that all his properties weren’t searched at the same time.
I saw somewhere that the folders are marked with something (serial number or whatever) of what they contain. I’m sure that Garland, the NSA and FBI are looking very close into that. And of course they aren’t going on Twitter to talk about it.
Do we trust the Secret Service that is by Trumps side? I don’t know at this point.