All Things Trump: the story continues...

[Tero]

[Tero]

Judge merely sought to stop DOJ from turning Trump into a criminal:
In her Monday order granting Trump’s request for the special master, Cannon halted any use of the seized materials for the DOJ’s criminal investigation. She said, however, that the intelligence community’s assessment could continue. The Justice Department on Thursday said Cannon’s order was incompatible with the investigation.

https://www.cnn.com/2022/09/08/politics ... index.html

[Tero]

DOJ even prevented from investigating "nothing."

The department also said it is particularly urgent that the FBI be permitted to help investigate the dozens of empty folders with classification markings found at Mar-a-Lago to determine what they once held and whether their contents "may have been lost or compromised."

“The FBI would be chiefly responsible for investigating what materials may have once been stored in these folders and whether they may have been lost or compromised—steps that, again, may require the use of grand jury subpoenas, search warrants, and other criminal investigative tools and could lead to evidence that would also be highly relevant to advancing the criminal investigation,” the department said in its filing.

https://www.aol.com/news/justice-depart ... 00880.html

[Brian Peacock]

Did he keep the boxes in the basement or the loft?

[Tero]

Judge caved in. She is going to discuss the top secret documents (she says approximately 100) that the special master could never look at tomorrow. With DOJ and Trump lawyers.

[Tero]

Cautious optimism on Twitter:
HOLY MOLY! The DOJ’s appeal of judge Cannon’s decision is DEVIOUSLY brilliant. A special master isn’t needed to determine what is classified because the files are already clearly marked CLASSIFIED - and Trump can have no personal interest in them. They humiliated her.

[L'Emmerdeur]

Horrible Deep State judge protecting that nasty woman!

'Trump's conspiracy lawsuit against Hillary Clinton dismissed — and judge hints at penalties for his attorneys'

A judge dismissed Donald Trump's racketeering lawsuit against Hillary Clinton and hinted that his attorneys could be penalized for bringing the case.

District Court Judge Donald Middlebrooks filed a 193-page ruling that finds Trump's allegations were "neither short nor plain," and the judge found many of the claims unfounded and ridiculous.

"Many of the Amended Complaint’s characterizations of events are implausible because they lack any specific allegations which might provide factual support for the conclusions reached," Middlebrooks found. "For instance, the contention that former FBI director James Comey, senior FBI officials, and Deputy Attorney General Rod Rosenstein 'overzealously targeted' Plaintiff and conspired to harm him through appointment of special counsel are strikingly similar to the conclusory and formulaic allegations found deficient in the seminal Supreme Court case of Ashcroft v. Iqbal."

...

"What the Amended Complaint lacks in substance and legal support it seeks to substitute with length, hyperbole, and the settling of scores and grievances," the judge added. "Plaintiff has annotated the Amended Complaint with 293 footnotes containing references to various public reports and findings. He is not required to annotate his Complaint; in fact, it is inconsistent with Rule 8’s requirement of a short and plain statement of the claim. But if a party chooses to include such references, it is expected that they be presented in good faith and with evidentiary support. Unfortunately, that is not the case here."

The judge said the evidence did not show any reason why Trump should be entitled to any of the relief he sought, and he cited a federal rule authorizing sanctions against lawyers who filed claims that aren't supported by evidence or existing law.

[Tero]

NBC
Cannon gave Trump until 10 a.m. ET Monday to respond to DOJ's motion for a partial stay of her order granting the special master request.

Parts of Cannon's ruling — specifically those enjoining the government from doing anything with the classified records it seized — would "cause the most immediate and serious harms to the government and the public." The government also wrote, in an eyebrow-raising line, that the injunction could "impede efforts to identify the existence of any additional classified records that are not being properly stored."
There's nothing in the law that would suggest "that a former President can successfully assert executive privilege to prevent the Executive Branch itself from reviewing and using its own records," the Justice Department wrote Thursday.

"A stay would simply allow the government to continue to review and use the same records — which, again, indisputably belong to the government, not Plaintiff — in its ongoing criminal investigation as well," the department added.
https://www.msnbc.com/opinion/msnbc-opi ... pVVteX-M8Y

[Tero]

Justice Cannon gets a lecture from DOJ
https://twitter.com/neal_katyal/status/ ... 4047535107

The second and third factors likewise counsel against exercising equitable jurisdiction with respect to the classified records. Those factors apply only to “the material whose return [the plaintiff] seeks” and to injury resulting from “denial of the return of his property.” Richey, 515 F.2d at 1243. Plaintiff, however, has no right to the “return” of classified records, which are not “his” property. Id. Classified records also are not “personal” to Plaintiff and would not reveal any sensitive personal information. D.E. 64 at 9, 21. Accordingly, Plaintiff has no cognizable “individual” interest in any classified records (or in having a special master review those records), and he cannot be “irreparably injured” if such records are not returned to him. Richey, 515 F.2d at 1243. The Court’s determination that the second and third Richey factors favored the exercise of equitable jurisdiction relied on its finding that Plaintiff had an interest in “at least a portion” of the seized records, including “medical documents, correspondence related to taxes,” “accounting information,” and “material potentially subject to attorneyclient privilege,” and that identification of such materials “cannot reasonably be determined at this time.” D.E. 64 at 9.2 But that rationale is categorically inapplicable to the classified records at issue in this motion, which are easily identifiable by their markings, are already segregated from the other seized records, and do not include personal records or potentially privileged communications with his personal attorneys.

[Brian Peacock]

Cautious optimism on Twitter:
HOLY MOLY! The DOJ’s appeal of judge Cannon’s decision is DEVIOUSLY brilliant. A special master isn’t needed to determine what is classified because the files are already clearly marked CLASSIFIED - and Trump can have no personal interest in them. They humiliated her.

Special masters are routinely appointed to revue evidence from seizures. The role is essentially administrative, and the court would probably have appointed one anyway. Unfortunately everyone is just getting drawn into a soap opera of Trump's writing - which I guess is kinda the point.

[Brian Peacock]

I wouldn't be surprised if good portion of the staff at Mar-a-largo are on retainers from the world's intelligence community.

[JimC]

I wouldn't be surprised if good portion of the staff at Mar-a-largo are on retainers from the world's intelligence community.

Very true, especially Boris and Natasha...

[Svartalf]

You mean Steven and Doris? remember, they are THEAmericans

[Tero]

A number of empty folders with Trump in Florida. Now, FBI raids Putin buddies in Florida.

https://www.dailykos.com/stories/2022/9 ... properties

[Tero]

Trump's PAC get a sub-penis:

Prosecutors seek details from Trump’s PAC in expanding Jan. 6 probe
Investigators are seeking documents about Trump’s political fundraising in the wake of his false claims about the 2020 election.
The Justice Department is seeking details about the formation and operation of Donald Trump’s post-presidential political operation, according to three people familiar with the probe, sending a raft of subpoenas in a significant expansion of the criminal investigation of the Jan. 6, 2021, attack on the Capitol and efforts to overturn the results of the 2020 election.

NYT