FBI Search and Seizure at Trump's Mar-A-Lago Residence, August 8, 2022, Case Dismissed July 15, 2024

I was found this article debunking the myths about this case, it’s an interesting read.

It addresses the claim that the classified documents were declassified just because Trump says they were. That isn’t how it works.

Traditionally, rarely if ever does the president personally serve as an original classification authority. If the former president personally declassified information contained in documents removed to the White House residence, procedures should have been in place to notify the official who originally classified that information who in turn would have to have notified the potentially millions of individuals who derivatively classified or otherwise had copies of that same classified information. No such procedures appear to have existed during the Trump administration. As such, if Trump had, in fact, declassified the records in question, the original classifier and the myriad of authorized users of that information would remain oblivious to the fact that the information contained therein would no longer have the legal protections of the classification system. One such user was the president’s own national security advisor, John Bolton, who stated, “I was never briefed on any such order, procedure, policy when I came in,” adding that he had never been told of it while he was working there, and had never heard of such a thing after.

Another article on the same site talks about the process for declassifying documents, which I know we argued about back and forth here, but I don’t recall anyone talking about what the actual process is. This article has some info about it though.

Strictly speaking, even if Trump ordered the declassification of the records (verbally or in writing), what is likely to matter for purposes of handling and storing the records after he left the White House was if the mandatory follow-on actions occurred. Classified documents have classification markings in the header and footer of each page, indicating the level of classification for the document as a whole. Furthermore, classified records have cover sheets that specifically indicate when the record was classified, by whom, and under what authority, as well as when the classification expires.

If Trump did in fact order the declassification, he still needed to make sure his staff took the necessary next steps to modify the classification markings on the documents before he could actually handle and store the records (as a private citizen) as if they were unclassified. Under security classification rules, a classification marking on a document has to be treated as valid and binding unless and until a subsequent marking replaces it. Appropriate government staffers would have needed to cross out the classification markings in the headers and footers, and stamped “declassified” on the record noting when it was declassified, by whom and under what authority. Since that does not appear to have been done with the classified documents reportedly identified to date, the documents remain classified and had to be treated as classified for handling and storage purposes.

Simply speaking, if Trump claims that a document is declassified, but the document is still marked as classified, then legally speaking it is classified. It doesn’t matter what he says, what matters is what is on the documents. It seems like it’s that easy.

Jesus, he really is an Alex Jones fan:

It has now been four weeks since we first informed you of our intent to provide the FBI access to the boxes so that it and others in the Intelligence Community can conduct their reviews. Notwithstanding the urgency conveyed by the Department of Justice and the reasonable extension afforded to the former President, your April 29 letter asks for additional time for you to review the materials in the boxes “in order to ascertain whether any specific document is subject to privilege,” and then to consult with the former President “so that he may personally make any decision to assert a claim of constitutionally based privilege.”

This is the same lame excuse Jones’ lawyer used when he inadvertently sent the opposing counsel all of Alex Jones’ data: “Wah! We didn’t have enough time to assess “privilege” even though we had lots of time and just didn’t do anything!!!”

I was wondering if they were going for some logical sleight-of-hand:

  1. Politics cannot be allowed to impact the administration of justice.
  2. The administration of justice would impact politics.
  3. Therefore, we cannot do it.

I noticed that, too. Trump’s team can claim that this prosecution is politically motivated, but that’s not evidence.

Trump claims a lot of silly shit, most of which is mutually exclusive. It’s the “throw shit to the wall and see what sticks” method, but done very obviously and poorly.

“I didn’t have any classified documents”
“They were planted by the FBI”
“I did have them, but they’re mine”
“They’re not mine, but I claim executive privilege”
“It’s a witch hunt”

None of these are actual defenses. They are silly shit that a child would use as an excuse.

Man, the Democratic Deep State is tight. It never coughs up any evidence that Republicans need.

I agree. I still find myself pointing out how unsound the arguments are.

I think I said this upthread, but this is intentional (and is actually done well). The goal isn’t to find an excuse that sticks, it’s to create confusion, exhaustion, and apathy. Get enough people turned off politics in general, and democracy dies.

Luckily (hopefully) the courts have a ‘homie don’t play that’ attitude, at least they did during the election fraud cases. If they start spewing contradictory nonsense, they’ll (hopefully) be quickly called out for it.

Just an aside…I had to laugh at the opening paragraph of the background of tRump’s motion. He thinks it will please the court to know that Mar-A-Lago (which means “sea to lake”) has 58 bedrooms and 33 bathrooms on 17 acres of land. But the real clincher was:

Consistent with every modern Presidential transition, staff conducted the move in a condensed timeframe.

Nothing about tRump’s transition was consistent with any other Presidential transition, modern or probably otherwise. He spent two of those months having an absolute hissy-fit and screaming from the rooftops that the election had been stolen, culminating in a half-assed attempt at insurrection by his taint-licking followers which he subsequently tried to play off like a food fight at a church picnic. He even took every opportunity to block Biden’s administration from doing the necessary transition work until after January 6th.

Maybe if tRump had not been doing all that, his staff wouldn’t have had a “condensed timeframe” in which to pack up his crap. Most Americans, when they move, can get most of their packing done in a week…and most of them don’t have a staff. tRump had 2-1/2 months. He did not use them wisely.

You forgot

“I declassified them (even though I didn’t tell anyone)”

Somewhere I read something about the specific documents he held onto. That is, why these docs and not others. Apparently they mention Trump in a non-negative way. In other words, the whole thing is based on ego. Nothing to do with selling them or other nefarious motives people have been ascribing to him.

Don’t remember where I read this so I don’t have a cite and this could be wrong. But it sounds so much more plausible than any other motive I’ve heard.

[rhetorical, not directed at you] Does the motive even matter? He was found to have in his possession documents, sensitive in nature, that did not belong to him, and he was not authorized to have. What he was planning to do with them is anyone’s guess, but the important thing is if any laws were broken by him having possession of these documents.

@questauthority had a live Twitch last night where he talked about this filing. During it, he was marveling that so many lawyers who had been well respected were willing to work for TFG and suddenly were incompetent and possibly criminal.

The filing itself is apparently laughable. As near as anyone on stream could guess, TFG dictated the entire thing, had it typed up, and the one lawyer allowed to practice in FL filed it on his behalf. It is full of his typical bloviation about things that didn’t happen and greatness that isn’t his.

We’re not the prosecutors. They may not need to care about motive. But that doesn’t keep us from discussing it. In fact, it already has been numerous times in this thread.

I’m having trouble keeping up. (Work is so intrusive!) Where is this from?

That was the first (or second?) paragraph in his filing. It was full of irrelevancies.

Is there a link? I read the NARA letter. Was it posted upthread somewhere?

It depends on whether or not you care about portraying him as evil, or just sad and pathetic. At this point, I’m just thinking strategically; which image will drive away a larger segment of his supporters?

There was one on the Twitch stream. I downloaded the doc but did not make a note of the URL. I’ve uploaded it to my Google drive if you’d like it.

Thanks. I just googled trump court filing, and it looks like I found the same one. I see the quote.

Thank you.

Sad and pathetic. His supporters love the evil.