Mar- A Lago raided FBI Warrants

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cannabineer

Ursus marijanus
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Trump pushes special master to deem Mar-a-Lago records his personal property
Then-President Trump designated presidential records as personal records simply by packing them up and taking them to Mar-a-Lago, his lawyers wrote in newly unsealed court documents.
A series of documents filed over the weekend along with others unsealed Monday offer the latest glimpse into Trump’s battle to shield records from the Department of Justice (DOJ), including new evidence from the DOJ that he appeared to have handled the classified records on his property after leaving office.

The filing argues that the determination of whether records created during a president’s term are their personal property is largely up to the president.

“President Trump was still serving his term in office when the documents at issue were packed, transported, and delivered to his residence in Palm Beach, Florida. Thus, when he made a designation decision, he was President of the United States; his decision to retain certain records as personal is entitled to deference, and the records in question are thus presumptively personal,” Trump’s lawyers wrote in a brief.

The Justice Department countered that Trump cannot decide a record is his personal property “simply by saying so.”
Such an interpretation of the Presidential Records Act, it wrote, would “nullify the statutes entire purpose.”

The filing comes as Trump pushes to keep more than 10,000 documents from the Justice Department, a tranche that remains after records marked as classified were returned to the DOJ. The special master assigned to review the documents, Judge Raymond Dearie, asked both sides to suggest guidelines for determining which records should be turned over.

Trump’s lawyers went on to argue he should not have to prove that he designated the documents as personal, echoing similar arguments made after Trump claimed he declassified the records stored at his Florida home.

“In other words, it is the President’s designation—not the appearance or content of a given document—that is determinative. … President Trump need not put forth documentary evidence of his designation decisions, because his conduct unequivocally confirmed that he was treating the materials in question as personal records, rather than Presidential records,” they wrote.

The Justice Department called such an argument a “shell game,” with Trump hoping to fall back on claims that the documents are protected by executive privilege if it fails.

Government attorneys wrote that the two are “essentially the opposite” of each other.

“Plaintiff has indicated that he asserts executive privilege only if the special master rejects his assertion that a document is a ‘personal’ record and determines that it is a presidential record. That is a shell game and the special master should not indulge it,” the DOJ wrote.

In a Saturday filing to the court, the DOJ also indicated that one batch of the documents under review included cover sheets for classified documents, even though the classified records themselves were missing. The DOJ is seeking to retain that collection of records, arguing the other documents in the box, including those dated after Trump’s term ended, indicate he was handling the records after leaving office.

Such evidence would cut against any potential argument from Trump that he was unaware of what classified records were stored at his home.
thehill.com

Trump pushes special master to deem Mar-a-Lago records his personal property

Then-President Trump designated presidential records as personal records simply by packing them up and taking them to Mar-a-Lago, his lawyers wrote in newly unsealed court documents. A series of do…
thehill.com thehill.com

Just the court catching up with what we know. Trump's lawyer filing that Trump deemed the files his property while he was in power.
 
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Trump Admits to Taking Sensitive Documents He Deemed 'Personal'
Former President Donald Trump admitted he took documents from the White House to Mar-a-Lago, arguing they were designated as personal records rather than presidential records.

Trump's attorneys said, "a President determines whether a document constitutes a Presidential record or a personal record," and "when that decision is made, it is not subject to challenge."

Trump's legal team contends "there is no authority whatsoever for the notion that the Government can seize documents from a President, and simply declare that they are Presidential records."

Federal law permits presidents to deem certain records as "personal" so long as they have no decision-making value to future administrations.

"President Trump was still serving his term in office when the documents at issue were packed, transported, and delivered to his residence in Palm Beach," according to Trump's lawyers. "Thus, when he made a designation decision, he was President of the United States; his decision to retain certain records as personal is entitled to deference, and the records in question are thus presumptively personal."

Trump's attorneys made the argument before Judge Raymond Dearie, the special master reviewing the records seized by FBI during the raid last August that was "personally approved" by Attorney General Merrick Garland.

An appeals court granted the Justice Department a partial stay of Judge Aileen Cannon's lower court order, allowing DOJ to continue its criminal investigation using the documents seized.

Cannon had ruled that she "temporarily enjoins the Government from reviewing and using the seized materials for investigative purposes pending completion of the special master's review or further Court order."

The appeals court sided with DOJ that Cannon "likely erred" in her ruling, preventing DOJ's criminal investigation and requiring prosecutors to allow Dearie to review the documents with classified markings independently.

"The Presidential Records Act authorizes a sitting President to designate records as personal records during his term in office," Trump's attorneys argued. "The contents of the seized materials underscore the fact that President Trump treated these papers as personal records. The documents seized from Mar-a-Lago included [REDACTED]. However, the Special Master has not been tasked with assessing the correctness of President Trump's designations. In other words, it is the President's designation — not the appearance or content of a given document — that is determinative."

Trump's team added, "President Trump need not put forth documentary evidence of his designation decisions because his conduct unequivocally confirmed that he was treating the materials in question as personal records, rather than Presidential records."

The Justice Department argued that Trump's legal arguments were flawed and nonsensical.

"Plaintiff may not designate records qualifying as 'Presidential records' under the Presidential Records Act as his 'personal' records simply by saying so," DOJ told the court. "Plaintiff's designation of certain categories of records as 'personal' records is inconsistent with the text of the PRA."

DOJ then added, "Seeming to recognize that a record cannot both be a 'personal' record and be shielded by executive privilege, Plaintiff has indicated in dozens of instances that he asserts executive privilege only if the Special Master rejects his assertion that a document is a 'personal' record and determines that it is a Presidential record."

The records show Trump was being investigated under 18 U.S.C. 793, part of the Espionage Act, and in relation to "willful retention of national defense information." The records also pointed to 18 U.S.C. 2071, more specifically, the "concealment or removal" of government records, including 18 U.S.C. 1519, related to "obstruction" of a federal investigation.

Dearie is expected to decide next month whether to recommend prosecutors be permitted to access roughly 3,000 documents, though Cannon has the ultimate say. DOJ also has a pending appeal at the 11th Circuit Court of Appeals, requesting the entire process Cannon ordered at Trump's request be shut down.
 
Offmymeds

Offmymeds

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DIY-HP-LED said:
No surprise the motive was stupidity, but it is not a mitigating factor.

https://twitter.com/i/web/status/1592248515543326720
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Although in FPOTUS's mind his vanity supersedes national security and is a factor, the sheer volume and the subject matter of the documents obviously indicates far more than vanity involved here. Especially since the dumbass can't read and has never shown an interest in briefings.

It's all transactional. IMO it's far more likely he's been selling secrets and/or wants documents as leverage over the gov't and his enemies.
 
DIY-HP-LED

DIY-HP-LED

Well-Known Member
Offmymeds said:
Although in FPOTUS's mind his vanity supersedes national security and is a factor, the sheer volume and the subject matter of the documents obviously indicates far more than vanity involved here. Especially since the dumbass can't read and has never shown an interest in briefings.

It's all transactional. IMO it's far more likely he's been selling secrets and/or wants documents as leverage over the gov't and his enemies.
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It's like predicting the future, ya never know what will happen. Lots of foreign agents were trying to crack that treasure trove of secrets and knew of it. So, some wealthy guest offers Donald a billion for a peek with his phone, do you think Donald would call the FBI immediately, or sell out?
 
S

schuylaar

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Roger A. Shrubber said:
the thing is...who cares? i really think there are multiple moles, jared, ivanka, melania...his diet coke bitch informed on him, i would be surprised if there was anyone in his inner circle who ISN'T trying to cut a deal, they're all fucking dirty
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That's because the deal was already cut with Jared.

Time will tell.
 
S

schuylaar

Well-Known Member
DIY-HP-LED said:
No surprise the motive was stupidity, but it is not a mitigating factor.

https://twitter.com/i/web/status/1592248515543326720
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He had his office at Maralago reconstructed to look like the Oval..has a hard time letting go..unfortunately that runs concurrent with 'since I can't have you no one will' and burn the country down. He's going to die sooner rather than later and might as well get all the evil in he can.
 
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schuylaar

Well-Known Member
printer said:
Trump Admits to Taking Sensitive Documents He Deemed 'Personal'
Former President Donald Trump admitted he took documents from the White House to Mar-a-Lago, arguing they were designated as personal records rather than presidential records.

Trump's attorneys said, "a President determines whether a document constitutes a Presidential record or a personal record," and "when that decision is made, it is not subject to challenge."

Trump's legal team contends "there is no authority whatsoever for the notion that the Government can seize documents from a President, and simply declare that they are Presidential records."

Federal law permits presidents to deem certain records as "personal" so long as they have no decision-making value to future administrations.

"President Trump was still serving his term in office when the documents at issue were packed, transported, and delivered to his residence in Palm Beach," according to Trump's lawyers. "Thus, when he made a designation decision, he was President of the United States; his decision to retain certain records as personal is entitled to deference, and the records in question are thus presumptively personal."

Trump's attorneys made the argument before Judge Raymond Dearie, the special master reviewing the records seized by FBI during the raid last August that was "personally approved" by Attorney General Merrick Garland.

An appeals court granted the Justice Department a partial stay of Judge Aileen Cannon's lower court order, allowing DOJ to continue its criminal investigation using the documents seized.

Cannon had ruled that she "temporarily enjoins the Government from reviewing and using the seized materials for investigative purposes pending completion of the special master's review or further Court order."

The appeals court sided with DOJ that Cannon "likely erred" in her ruling, preventing DOJ's criminal investigation and requiring prosecutors to allow Dearie to review the documents with classified markings independently.

"The Presidential Records Act authorizes a sitting President to designate records as personal records during his term in office," Trump's attorneys argued. "The contents of the seized materials underscore the fact that President Trump treated these papers as personal records. The documents seized from Mar-a-Lago included [REDACTED]. However, the Special Master has not been tasked with assessing the correctness of President Trump's designations. In other words, it is the President's designation — not the appearance or content of a given document — that is determinative."

Trump's team added, "President Trump need not put forth documentary evidence of his designation decisions because his conduct unequivocally confirmed that he was treating the materials in question as personal records, rather than Presidential records."

The Justice Department argued that Trump's legal arguments were flawed and nonsensical.

"Plaintiff may not designate records qualifying as 'Presidential records' under the Presidential Records Act as his 'personal' records simply by saying so," DOJ told the court. "Plaintiff's designation of certain categories of records as 'personal' records is inconsistent with the text of the PRA."

DOJ then added, "Seeming to recognize that a record cannot both be a 'personal' record and be shielded by executive privilege, Plaintiff has indicated in dozens of instances that he asserts executive privilege only if the Special Master rejects his assertion that a document is a 'personal' record and determines that it is a Presidential record."

The records show Trump was being investigated under 18 U.S.C. 793, part of the Espionage Act, and in relation to "willful retention of national defense information." The records also pointed to 18 U.S.C. 2071, more specifically, the "concealment or removal" of government records, including 18 U.S.C. 1519, related to "obstruction" of a federal investigation.

Dearie is expected to decide next month whether to recommend prosecutors be permitted to access roughly 3,000 documents, though Cannon has the ultimate say. DOJ also has a pending appeal at the 11th Circuit Court of Appeals, requesting the entire process Cannon ordered at Trump's request be shut down.
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Once he admits you cuff him and hold him..cops can hold you for 48 to dig through your house..in That Mans case..houses. The Mole will tell us because that's how we already know..he's close..only your kids know where the vibrator is at.
 
Roger A. Shrubber

Roger A. Shrubber

Well-Known Member
DIY-HP-LED said:
No surprise the motive was stupidity, but it is not a mitigating factor.

https://twitter.com/i/web/status/1592248515543326720
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motive doesn't matter...regular people who take a secret document home in the course of their legitimate work get prosecuted, and they never intended to keep them, or lied about having them. the law applies to everyone, or it means nothing....don't let a fucking pig turd slug like trump make justice mean nothing.
 
cannabineer

cannabineer

Ursus marijanus
Offmymeds said:
Although in FPOTUS's mind his vanity supersedes national security and is a factor, the sheer volume and the subject matter of the documents obviously indicates far more than vanity involved here. Especially since the dumbass can't read and has never shown an interest in briefings.

It's all transactional. IMO it's far more likely he's been selling secrets and/or wants documents as leverage over the gov't and his enemies.
Click to expand...
I look forward to his just thinking himself acquitted.
 
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schuylaar

Well-Known Member
Roger A. Shrubber said:
motive doesn't matter...regular people who take a secret document home in the course of their legitimate work get prosecuted, and they never intended to keep them, or lied about having them. the law applies to everyone, or it means nothing....don't let a fucking pig turd slug like trump make justice mean nothing.
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Garland stated that he is going to do this on his own timeline and is not going to cave to outside interest..my takeaway is 'okay, but it's been two years now..so now what?' State of New York? State of Georgia?

someone, anyone..can you hear me?


Normalizing this has left me Comfortably Numb.

In case you haven't heard they've made it clear like a good Mole would.

www.businessinsider.com

Trump begged Jared and Ivanka to join him for his campaign launch — but both refused, New York Post reports

Trump tried unsuccessfully to convince Jared Kushner and Ivanka Trump to join him on stage for an event, the NYPost reported.
www.businessinsider.com www.businessinsider.com

I'm looking forward to his announcement today that he's running in 2024..pinch me!..can't wait!
 
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DIY-HP-LED

DIY-HP-LED

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BREAKING: Court of Appeals Sets Oral Argument Date SPELLING DOOM for Trump in Stolen Document Case

182,113 views Nov 16, 2022
The 11th Circuit Court of Appeals has scheduled Oral Argument in the Department of Justice’s Expedited Appeal of the Trump stolen document case where Judge Cannon has improperly asserted equitable jurisdiction to interfere with the DOJ criminal investigation.
 
DIY-HP-LED

DIY-HP-LED

Well-Known Member
They aren't waiting around; this response didn't take long!


DOJ files Reply Brief With Court of Appeals DISMANTLING Trump in Mar-A-Lago Stolen Document Case

54,913 views Nov 18, 2022
The DOJ filed its reply brief in the expedited appeal before the 11th Circuit Court of Appeals challenging Judge Aileen Cannon’s assertion of equitable jurisdiction in the Trump Mar-A-Lago stolen document case. MeidasTouch host Ben Meiselas breaks down the legal filing. Donate to MeidasTouch PAC:
 
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