Wednesday, August 31, 2022

The Biden White House and the DOJ might have a very serious problem with respect to President Trump's assertion of "Executive Privilege" and several of the Mar-a-Lago documents taken


According to a very recent "timeline" published by the Washington Post:


On April 29, 2022, Trump's lawyer Evan Corcoran emailed the National Archives asking for additional time to review material in the returned boxes “in order to ascertain whether any specific document is subject to privilege,” and then to consult with President Trump “so that he may personally make any decision to assert a claim of constitutionally based privilege.”  In this email, President Trump's lawyer Corcoran said that if more time were not to be provided, the letter should be considered “a protective assertion of executive privilege made by counsel for the former President.”


On May 10, 2022, the Acting archivist Debra Steidel Wall informed Trump's lawyer Corcoran that the Biden White House deferred the privilege question to her; and she added that she had consulted with National Archives' lawyers and the Justice Department’s Office of Legal Counsel, and she had found Trump’s privilege claims unconvincing. The FBI review, which she said had been delayed at the request of Trump’s legal team, would soon proceed.


On May 25, 2022, Trumps' lawyer Corcoran sent a letter to Jay Bratt, the chief of the Justice Department’s Counterintelligence and Export Control Section, saying that Trump had returned the boxes to the archives in January as part of “a voluntary and open process.” Corcoran asserted that statutes governing the handling of classified material do not apply to President Trump, who Corcoran said had the right to declassify any such material. Furthermore, in that letter Trumps' attorney Corcoran said, “Any attempt to impose criminal liability on a President or former President that involves his actions with respect to documents marked classified would implicate grave constitutional separation-of powers issues.”



These particular communications are very problematic wrt the legal rights of the Biden White House, the DOJ and the National Archives' attempts to seize any or all of the documents in question, or to obtain a warrant on August 5, 2022, and for the FBI to enter the Trump household at Mar-a-Lago to sieze such documents on August 8, 2022.

17 comments:

  1. UPDATE & BACKFILL: THE "DOJ TRIES A CLASSIC 'BOOTSTRAPPING' ARGUMENT TO JUSTIFY ITS IMPROPER WARRANT AND RAID ON MAR-A-LAGO --- ALSO TELLS THE FLORIDA FEDERAL COURT TO BE QUICK ABOUT IT" EDITION

    >>> DESPERATE TO REGAIN THE PR INITIATIVE --- THE DOJ DID SOMETHING VERY, VERY UNUSUAL --- IT DID A PARTIAL DUMP OF SOME EVIDENCE EARLIER PRESENTED TO A SPECIAL GRAND JURY INVOLVED IN THE PRIOR ONGOING INVESTIGATION OF FPOTUS TRUMP <<<

    THE VERY POLITICAL NATURE OF THE ENTIRE PROCESS WAS SHOWN BY THE DOJ BY THIS DEMAND IN THE DOJ FILING YESTERDAY EVENING >>> PROSECUTORS ASKED THAT ANY SPECIAL MASTER THAT MIGHT BE APPOINTED ALREADY HAVE ALL NECESSARY SECURITY CLEARANCES, SO AS NOT TO THE DELAY THE PROCESS OF REVIEWING THE MATERIAL --- AND --- PROSECUTORS ALSO ASKED FOR A TIGHT TIMELEINE IF A SPECIAL MASTER WERE TO BE APPOOINTED BY JUDGE CANNON, SO THAT ALL WORK TO SORT OUT ALL OF THE PRIVILEGES CLAIMED BY FPOTUS TRUMP, AND THE IDENTIFICATION AND SEGREGATION OF ANY PRIVILEGED DOCUMENTS BE COMPLETED BY SEPTEMBER 30TH


    In a new filing late yesterday, the DOJ addressed several issues wrt its current investigation into FPOTUS, Donald J. Trump, and the former president’s "compliance" thus far. The 36-page filing was the department’s most detailed account yet of its evidence of obstruction of justice, raising concerns that Trump and his attorneys had sought to mislead investigators about the sincerity and thoroughness of their efforts to identify and return highly sensitive records to the government.

    The DOJ used its filing last evening as an attempt to publically rebut some of the Trump team’s claims about their interactions with the DOJ >>> and to dump more allegations about the DOJ's and FBI's private interactions with the Trump team. Among other stuff, the late Tuesday filing by the DOJ showed that the DOJ took these things seriously enough to ask secretly and ex parte for a Washington-based federal judge involved in the case, to permit the release of limited grand jury information gathered earlier in the case. NOW THAT IS ALMOST NEVER DONE.....

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  2. I'm done with Judge Cannon

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  3. The neo-Nazi Democrats are using the Mar-a-Lago classified documents hoax as their "Reichstag Fire".

    Yesterday, in Pennsylvania, the neo-Nazi Democrats' Fuhrer, Joe Biden, threatened Americans exercising their constitutional rights with F-15s and nuclear weapons AGAIN.

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  4. I'm come to this page to read jokes about John Q giving Paula Ketinas a foot rub, I don't come here for CNN and Fox News

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  5. picture of documents prove they were kept in a messy way. sounds like treason to me.

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  6. RESPONSE: THE "THEN YOU WOULD GO THROUGH LIFE THINKING STUPID THINGS ABOUT QUAGLIONE, MC CABE AND CAPANO --- AND LITTLE OR NOTHING ELSE" EDITION

    TO: "ANONYMOUS SAID... AT 3:39 PM"

    FOR EXAMPLE, YOU MIGHT NOT LEARN THAT FBI WHISTLEBLOWERS ARE MAKING USAG MERRICK GARLAND VERY NERVOUS --- AND HE HAD TO REMIND ALL DOJ EMPLOYEES (INCLUDING THE FBI) THAT NO DOJ EMPLOYEE MAY COMMUNICATE WITH SENATORS, REPRESENTATIVES, CONGRESSIONAL COMMITTEES, OR CONGRESSIONAL STAFF WITHOUT OBTAINNG ADVANCE COORDINATION, CONSULTATION, AND APPrOVAL BY THE DOJ'S OFFICE OF LEGISLATIVE AFFAIRS

    Attorney General Garland's obvious concern about such internal FBI leaks to Republicans about the political weaponization of the DOJ to benefit Joe Biden was important enough to put in a written memo from the AG himself. The memo comes as multiple whistleblowers have flocked to Republican elected officials with allegations of political bias in the aftermath of the FBI's raid on former President Donald Trump's Mar-a-Lago estate. Whistleblowers have provided evidence to Republicans on oversight committees alleging that senior officials at the FBI have forced their subordinates to sign false affidavits in certain politically sensitive investigations. Other whistleblowers have revealed that domestic terrorism investigations of parents who objected to left-wing school board policies where undertaken on orders from higher-ups.

    AG Garland is feeling the heat from all sides, and needed to do something to stop the FBI whistleblowers.

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  7. This blog exhibits a myriad of traits for domestic violence extremists.

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  8. Everytime I see Merrick Garland on TV he seems like just another good time Charlie.

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  9. I saw Brian Fox in Park Slope tonight. It was 95 degrees and he had on his stupid red fleece vest with all sorts of buttons and pins like an army general except a retarded one

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  10. UPDATE & BACKFILL: THE "TRUMP TEAM STRIKES BACK" EDITION

    WEDNESDAY EVENING, FPOTUS TRUMP'S LEGAL TEAM LASHED BACK AT THE DOJ --- CLAIMING THE DOJ'S TUESDAY NIGHT SUBMISSION WAS FULL OF FALSE INFORMATION --- GOING SO FAR AS TO STATE --- "IF THE GOVERNMENT PROVIDED THE SAME UNTRUE ACCOUNT IN ITS AFFIDAVIT IN SUPPORT OF THE SEARCH WARRANT, THEN THEY MISLED THE MAGISTRATE JUDGE [WHO SIGNED THE SEARCH WARRANT]"

    TRUMP'S LAWYERS ALSO FORMALLY DEMANDED THAT THE DOJ PROVIDE THE SPECIAL MASTER AND TRUMP HIMSELF WITH COPIES OF ALL THE DOCUMENTS THAT THE FBI SEIZED AT MAR-A-LAGO --- AS WELL AS A COPY OF THE SEARCH WARRANT TOGETHER WITH AN UNREDACTED COPY OF ALL SUPPORTING PAPERS [SPECIFICALLY MENTIONING A COPY OF THE UNREDACTED SUPPORTING AFFIDAVIT]


    In its Wednesday night reply to the DOJ 's Tuesday night filing, Trump’s legal team accused the DOJ of twisting the framework of responding to a motion for a Special Master into an all-encompassing challenge to any judicial oversight over an overreaching DOJ & FBI, now or in the future. The Trump team reiterated various problematic aspects of the DOJ's and FBI's unprecedented behavior in this investigation., including the conduct of the raid itself.

    Trump's lawyers said that the government’s “... extraordinary document [suggests] that the DOJ, and the DOJ alone, should be entrusted with the responsibility of evaluating its unjustified pursuit of criminalizing a former President’s possession of personal and Presidential records in a secure setting,” They also accused the DOJ of presenting multiple “misleading or incomplete statement[s] of purported ‘fact’....” Furthermore, also in their reply on Wednesday, Trump’s lawyers had stated that the DOJ’s account of the June 3 meeting “has been significantly mischaracterized [and if] the Government provided the same untrue account in the affidavit in support of the search warrant, then theDOJ & FBI misled the Magistrate Judge....”

    As to the issue of the need for a Special Master to peruse the seized documents, Trump’s lawyers' response on Wednesday evening was that the DOJ's so-called Privilege Review Team was “wholly deficient” in identifying and separating all potentially privileged documents from the rest of the seized materials.

    In addition, Trump's legal team said the government should provide both the special master and Trump himself with copies of the materials the FBI seized, and a copy of the search warrant with the unredacted copy of the materials used to obtain it -- which would include the affidavit that was released by the DOJ last week in redacted form.

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  11. Fanni Willis is gonna get you !!

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  12. UPDATE & BACKFILL: THE "BIG LIE NEEDS ITS BOOSTERS" EDITION

    A WSJ POLL RELEASED TODAY IS BEING PITCHED AS BROAD SUPPORT FOR THE FBI'S & DOJ'S SMASH & GRAB RAID ON MAR-A-LAGO

    THE SAME EXACT POLL RESULTS COULD EASILY HAVE BEEN COUCHED THIS WAY --- "ONLY HALF OF THOSE POLLED SAY THAT THEY SUPPORT THE FBI RAID ON FORMER PRESIDENT TRUMP" --- AND BEEN COMPLETELY ACCURATE ABOUT THE POLL --- WITHIN THE LIMITS OF THE POLL, AN EDGY INTERPRETATION COULD EASILY HAVE STATED >>> "MOST VOTERS DON'T SEEM TO SUPPORT THE FBI'S WITCH HUNT AT MAR-A-LAGO".....

    For example a headline about the Wall Street Journal's poll results in an article in "The Hill" said on line that >>> "Most in new poll say FBI search of Trump home was appropriate".....

    That is a seemingly fair portrayal of what the WSJ said in its own headline about its own poll --- however, the WSJ also immediately dampened expectations with a sub-headline that said this "Survey shows deep partisan division over the pursuit of classified documents that former president was storing at Mar-a-Lago".....

    A more significant result in the WSJ poll is that about the same number of respondents [ 51%] said that the Mar-a-Lago raid >>> would not change their liklihood of voting this year --- whereas over 60% of Republicans said that it would motivate their voting in November.

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  13. The lawyer for Jan 6th defendants was just arrested by FBI. Kellye SoRelle is so in jail for her role in obstructing the investigation.
    First thing is kill all the lawyers.

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  14. The search was approved by a court and evidence was seized. Why is Trump different from anyone else?

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  15. 144, do you mean the unconstitutional FBI smash and grab under the color of law of a wrongfully obtained warrant by a low end Magistrate with a self-confessed legal conflict involving Donald Trump, by which so much more than "evidence" of any crime was wrongfully seized; and probably no admissible evidence of any crime was seized.

    And as to your last question, it should have been, "HOW, is Trump different from anyone else?"

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  16. Kellye SoRelle is so much more than a lawyer for some of the defendants in the January 6th cases. She is such a lawyer, but she was also a close associate of Stewart Rhodes, the founder and leader of an Alt-right group called the Oath Keepers. SoRelle's arrest appears to be about her actual participation in the events of January 6th, 2021, and not about her representation of any other January 6th defendants.

    Rhodes and other members of the Oath Keepers are slated to go on trial at the end of September on seditious conspiracy and other charges for their alleged activities in connection with the January 6 event on Capitol Hill, including various things that happened in and around the Capitol itself. The government's charges say several of the Oath Keeper defendants sought to use force to stop Congress from certifying the 2020 election win by Joe Biden. It is not clear whether the SoRelle arrest might delay any of the already scheduled trials of other defendants.

    According to some MSM reporting on the Oath Keepers, in addition to her legal work for the group, SoRelle took up Stewart Rhodes' position as head of the Oath Keeprers after he had been arrested and charged in connection with January 6th related offenses.

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