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The Trump Card...

ATeam

ATeam

Senior Member
Retired Expediter
Pilgrim said:
On the other hand, this was a stinging defeat for the DOJ in a case that liberal lawyers and pundits were ridiculing, saying it had no chance of success. The amateurish way the FBI conducted this whole thing, especially the ridiculous picture of papers strewn all over the floor has emphasized the need for a special master, so the judge's ruling is solid. It should not be interpreted as a delay of an inevitable conviction of Trump.

One thing is certain - it will be interesting to see what the special master uncovers as he/she sorts through this mess.
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While it's tempting to dive in to debate your points, we don't even know if DOJ will appeal the ruling yet. It has not even been a full business day since the ruling was issued. I have found the DOJ filings to be very informative so I'm waiting to see if another will be filed soon.

The photo you mention can be debated. I believe it is an evidence photo like those commonly taken at many searches where evidence is seized. We know it was an evidence photo from the tent-tag label and ruler placed in it.
 
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muttly

muttly

Veteran Expediter
Retired Expediter
It was an evidence photo but the difference is that it revealed to the world (and enemies) what those documents looked like, such as labels, color schemes, etc. Unnecessary to make the photo public.
 
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ATeam

ATeam

Senior Member
Retired Expediter
danthewolf00 said:
Kind knew they would do that.....they really don't want to let anyone see what they took.
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That's not quite correct.

1. If you read the hearing transcript, you'll see a place where DOJ agreed to release unseal the status of the Privilege Review Team's filter review that it filed with the court last week. But Trump's lawyers have opposed it -- and rather than suggest specific redactions, they want to keep the entire thing sealed. a list of certain items.

When the judge asked Trump's attorney's if it was OK with them to release this list, they said no. This is a clear example of DOJ offering to be transparent and Trump overtly acting to keep this under seal. That's not transparency, is it?

2. Some of the materials in question are classified documents. So, of course the DOJ does not want people to see them. It is a crime to make classified items public.

And about their classification/declassification status. See next post.
 
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ATeam

ATeam

Senior Member
Retired Expediter
Two Developments

1. Today, DOJ gave notice of its intent to appeal Judge Cannon's ruling.

2. Late this evening, Judge Cannon responded to that filing. She ordered both parties to have statements ready about one of the points DOJ raised today. Details are sketchy as the reporting is early, but it appears that DOJ will force Trump's attorney's to address in open court the classification/declassification status of the documents in question.

While he has had several opportunities, Trump has never once said in any court that the documents in question were declassified. His attorney's may be forced to answer that question, one way or the other, in open court tomorrow.

My guess is Trump's attorney's will get little sleep tonight as they scramble to craft a response and the DOJ attorneys are sleeping soundly in their Florida hotel beds as they wait for tomorrow's hearing.
 
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ATeam

ATeam

Senior Member
Retired Expediter
More About Trump Being Forced to Discuss Classification Status in Open Court

https://twitter.com/i/web/status/1568070997571694593

Trump has avoided the question (are docs classified or declassified?) in court. That ends tomorrow. It will be interesting to see how Trump's lawyers respond. Much hinges on the answer.

It appears DOJ backed Judge Cannon into a corner such that she has no choice but to take up this question now. However this came to pass, it is clear she is taking up the question. Click the link above to see Judge Cannon's order telling Trump's attorneys to discuss this on the public record in court tomorrow.
 
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RLENT

RLENT

Veteran Expediter
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ATeam

ATeam

Senior Member
Retired Expediter
danthewolf00 said:
Trump just needs to last 7 weeks till the November election. Then it will be a different story.
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Trump is a private citizen now and will be after he files to be a candidate for president. He gains zero special status by filing to be president. If DOJ was concerned about Trumps special status, or if they assigned any special status to Trump by virtue of him being a former president, they would not have created a major stir by taking the unprecedented action searching the man's house.

Searching an ex-president's house broke a barrier that was unthinkable before. But it happened because it has never happened before that ex-president seemed OK with having thousands of government documents in his house that he does not own, and hundreds of classified documents that he also does not own and are illegal to keep anywhere outside of strict government controls.

It matters not if Trump is a presidential candidate. If DOJ feels it has a strong case against him, and they seem to think they do, they will ask the grand jury to indict him.

That said, Trump is receiving a different treatment. Numerous commentators have said, and I agree, that if it was anyone else caught with hundreds of classified documents in their possession, they would be in handcuffs in an instant. I believe DOJ is being super careful with Trump because he is the ex-president and because his deny, delay, defend tactics are well known and well resourced. DOJ is not going to go after Trump with things like a grand jury, a search of his home and an appeal of a district court's ruling if it does not think it has a very strong case.
 
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ATeam

ATeam

Senior Member
Retired Expediter
Waiting With Great Interest

I find it fascinating how DOJ maneuvered Trump into a position where he has no choice but to discuss the classification/declassification question in open court. That filing deadline is 10am today. I am eager to see what Trump's lawyers say about this on the public record. Trump has avoided talking about this in court up to now. But he has widely broadcast his claim in public that he declassified the documents.

If Trump's attorney's admit or do not deny the documents in question are classified, Trump's public claim is invalidated and that element of the crime is definitively established.
 
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