62 thoughts on “On Sale!

  1. Puzzling Evidence says:

    According to the New York Times New York Times that former President Donald Trump had over 300 documents at Mar-a-Lago and that he
    Trump-era records were not returned to the government during the waning days of Donald Trump’s presidency despite a determination by his White House counsel that they should be, according to an email that National Archives and Records Administration chief counsel Gary Stern sent to Trump’s lawyers in May 2021. https://www.cnn.com/2022/08/24/politics/national-archives-email-cipollone-trump-documents/index.html
    Trump reportedly described the items as “mine” and resisted efforts to return the materials. He also appears he personally went through the boxes containing the documents in 2021.

  2. Petarded says:

    If Trump is found to have violated federal law in removing and retaining classified documents without authorization, he could be convicted of a felony punishable by five years in prison. And that conviction would be a felony carrying that punishment because of a law signed by President Donald Trump. https://www.washingtonpost.com/politics/2022/08/10/trump-fbi-search-surveillance-law/
    S.139 – FISA Amendments Reauthorization Act of 2017:
    “Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment, position, or contract, becomes possessed of documents or materials containing classified information of the United States, knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location shall be fined under this title or imprisoned for not more than five years, or both.” [a Federal class E felony]

  3. Goshes says:

    “Any documents that made it to the White House residence were these boxes Trump carried around with him,” explained Stephanie Grisham, a former senior White House staffer. “Usually the body man would have brought them upstairs for Trump or someone from the outer-Oval at the end of the day. They would get handed off to the residence and just disappear.”
    Boxes of documents even came with Trump on foreign travel, following him to hotel rooms around the world — including countries considered foreign adversaries of the United States.
    Washington Post, “Inside Trump’s war on the National Archives” https://www.washingtonpost.com/politics/2022/08/27/trump-archives-records-war/

  4. 4theRecord says:

    US government documents were “likely concealed and removed” from a storage room at Mar-a-Lago as part of an effort to “obstruct” the FBI’s investigation into former President Donald Trump’s potential mishandling of classified materials, the Justice Department said in a blockbuster court filing Tuesday night. https://www.cnn.com/2022/08/30/politics/mar-a-lago-justice-department-response/index.html
    The Justice Department revealed the startling new details as part of its move to oppose Trump’s effort to intervene in the federal investigation that led to the search of his Florida resort and his desire for a “special master” to be appointed to the case.
    Trump has pushed an “incomplete and inaccurate narrative” in his recent court filings about the Mar-a-Lago search, the Justice Department said.
    “The government provides below a detailed recitation of the relevant facts, many of which are provided to correct the incomplete and inaccurate narrative set forth in Plaintiff’s filings,” prosecutors wrote.


    Click to access doj-response-to-trump-special-master.pdf

    Attachment F (the final page of the filing) is a photograph of classified documents arrayed on the floor of Trump’s office

  5. Old Newsie says:

    Donald J. Trump @realDonaldTrump [Truth Social] Aug 31, 2022, 15:14
    “There seems to be confusion as to the “picture” where documents were sloppily thrown on the floor and then released photographically for the world to see, as if that’s what the FBI found when they broke into my home. Wrong! They took them out of cartons and spread them around on the carpet, making it look like a big “find” for them. They dropped them, not me – Very deceiving…And remember, we could have NO representative, including lawyers, present during the Raid. They were told to wait outside.” https://truthsocial.com/@realDonaldTrump/posts/108919551852852903

    “…The folders were arrayed by agents at Mar-a-Lago after being removed from what the filing indicated was Mr. Trump’s office — they were not discovered scattered on the floor, according to two federal law enforcement officials.
    The Justice Department would not comment on the specifics of the photograph. But it is standard practice for the F.B.I. to take evidentiary pictures of materials recovered in a search to ensure that items are properly cataloged and accounted for.
    The marking “2A” on a folded piece of paper in the picture corresponds to a listing in the inventory of items seized in the search that was made public along with the search warrant. In that inventory, the item marked as “2A” is described as “various classified TS/SCI documents.”
    Files or documents are not tossed around randomly, even though they might appear that way; they are usually splayed out so they can be separately identified by their markings. The ruler seen in the image is to give a sense of their size in relation to other objects. (NYT) https://www.nytimes.com/2022/08/31/us/politics/trump-photo-classified-documents.html

    Dissecting 7 key pieces of the Mar-a-Lago photo (CNN) https://www.cnn.com/2022/08/31/politics/mar-a-lago-trump-photo-annotations-dg/index.html

    “Let’s be careful not to state that documents were found scattered on the carpet. They were not found in that state and it is not relevant.” https://www.dailykos.com/stories/2022/8/31/2120048/-trump-s-ranting-about-the-picture-of-secret-folders-is-a-simple-admission-of-guilt
    Trump is not being accused of scattering documents on the floor of his private office, he is being accused of illegal possession and misuse of these top-secret documents.
    Trump appears to have just admitted to the illegal possession of these documents, keeping them in cartons in his insecure office and being aware of their security status and importance.

    Reportedly none of the files the FBI discovered had the classification markings changed/stamped differently to suggest they’d been declassified. Nor did Trump’s lawyers ever indicate in their back-and-forth with the DOJ over 18 months that Trump had declassified the documents.

  6. Packrat says:

    ● List of materials voluntarily turned over by Trump to The National Archives and Records Administration (NARA) in January 2022 after a year of negotiation.
    ● List of materials in a single Redweld envelope turned over to the DOJ by Trump to in June 2022 after the Justice Department obtained a grand jury subpoena in May.
    ● List of Materials seized by FBI while executing a search warrant at Trump’s Mar-a-Lago residence in August 2022 after the DOJ received court approval to search the premises. https://www.cnn.com/interactive/2022/09/politics/mar-a-lago-documents-numbers/

  7. In due course says:

    A federal judge, who had signaled a willingness to appoint a special master to review documents seized last month from former President Donald Trump’s Mar-a-Lago estate, on Thursday declined to immediately do so.
    After listening to nearly 90 minutes of often heated exchanges between Trump’s attorneys and federal prosecutors, U.S. District Judge Aileen Cannon said she would issue a written order “in due course.”
    At the request of Trump’s attorneys and news media organizations, she agreed to release a detailed list of items taken on Aug. 8 when FBI agents searched Trump’s Palm Beach home, which is also a private club. https://www.palmbeachpost.com/story/news/courts/2022/09/01/judge-issue-written-order-in-due-course-mar-lago-papers/7960143001/
    Judge Cannon has been a member of the Federalist Society since 2005 and received her judicial commission in 2020 after having been nominated by President Donald Trump.

    • Coming Due says:

      “FBI agents found four dozen empty document folders marked “CLASSIFIED” during their raid last month of former President Donald Trump’s residence at his Mar-a-Lago club, a newly unsealed court file revealed Friday.
      Agents found 43 of those empty folders marked classified in Trump’s office, according to the Department of Justice’s inventory of the seized items, filed in U.S. District Court for the Southern District of Florida.
      The remaining five empty folders with that marking were found in containers in a storage room.
      The FBI also found another 42 empty folders marked “Return to Staff Secretary/Miliary [sic] Aide,” during the Aug. 8 raid, which was authorized to search for government documents removed from the White House when Trump left office in Jan. 2021, the filing said.
      Twenty-eight of those empty folders were found in Trump’s office, while another 14 were in a storage room elsewhere, the document shows.
      And FBI agents found more than 10,000 government documents and photographs without classification markings, the filing shows. Among those were hundreds of photos and news articles, along with gifts, clothing, and books.
      The bombshell revelations raise the prospect that the DOJ has not yet recovered the documents that would have been in the empty folders.”

      Case 9:22-cv-81294-AMC Donald J. Trump v United States of America: Exhibit A, Document 39-1 Entered on FLSD Docket 08/30/2022, “Detailed Property Inventory Pursuant To Courts Preliminary Order” [8 pages] https://storage.courtlistener.com/recap/gov.uscourts.flsd.618763/gov.uscourts.flsd.618763.39.1_6.pdf

  8. Phineas T. Bluster says:

    Former President Donald Trump lashed out at former Attorney General Bill Barr after Barr said there was “no legitimate reason” for classified documents to be at Mar-a-Lago. https://www.axios.com/2022/09/03/donald-trump-bill-bar-mar-a-lago
    Donald J. Trump @realDonaldTrump Sep 02, 2022, 15:24
    “Bill Barr had “no guts,” and got “no glory.” He was a weak and pathetic RINO, who was so afraid of being Impeached that he became a captive to the Radical Left Democrats – “Please, please, please don’t impeach me,” he supposedly said. Barr never fought the way he should have for Election Integrity, and so much else. He started off OK as A.G., but faded fast – Didn’t have courage or stamina. People like that will never Make America Great Again!”

  9. Divine Rule says:

    Rep. Michael McCaul (R-Texas) told ABC’s “This Week” Sunday that while he personally would not take classified documents home with him, he insisted that a “different set of rules” applied to former President Donald Trump.

  10. Of course says:

    “U.S. District Judge Aileen Cannon has granted former President Donald Trump’s request for a special master to review documents seized by the FBI from Mar-a-Lago last month, temporarily stopping federal prosecutors from using those documents in their investigation into obstruction and mishandling of government secrets.
    The decision was expected. Last weekend, the judge said she was inclined to grant Trump’s request, and a hearing on the matter took place last Thursday. At that hearing, the Justice Department laid out its argument against the special master and signaled it was likely to appeal such a ruling.
    Cannon, a Trump appointee, cited in her order on Monday the need to ensure “the appearance of fairness and integrity under the extraordinary circumstances presented.” https://www.npr.org/2022/09/05/1120885510/doj-trump-special-master-judge

    • HAR says:

      ‘Deeply Problematic’: Experts Question Judge’s Intervention in Trump Inquiry
      A ruling by a judge appointed by former President Donald J. Trump surprised specialists and could slow the documents investigation. (NYT 9/5/22) https://www.nytimes.com/2022/09/05/us/trump-special-master-aileen-cannon.html
      “…Judge Cannon took several steps that specialists said were vulnerable to being overturned if the government files an appeal, as most agreed was likely. Any appeal would be heard by the Court of Appeals for the 11th Circuit in Atlanta, where Mr. Trump appointed six of its 11 active judges.”

      • Alfred E says:

        “A document describing a foreign government’s military defenses, including its nuclear capabilities, was found by FBI agents who searched former president Donald Trump’s Mar-a-Lago residence and private club last month, according to people familiar with the matter, underscoring concerns among U.S. intelligence officials about classified material stashed in the Florida property.
        …Documents about such highly classified operations require special clearances on a need-to-know basis, not just top-secret clearance. Some special-access programs can have as few as a couple dozen government personnel authorized to know of an operation’s existence. Records that deal with such programs are kept under lock and key, almost always in a secure compartmented information facility, with a designated control officer to keep careful tabs on their location.”

  11. Marked down says:

    “Former President Donald Trump may have declassified a document about another country’s nuclear defense capabilities—if he is correct that material stored at Mar-a-Lago was declassified.” https://www.newsweek.com/trump-may-have-declassified-foreign-government-nuclear-secrets-mar-lago-1740458
    In their recent court filings, the former president’s attorneys have not cited Trump’s claim that the documents were declassified prior to his leaving office on January 20, 2021.
    His team previously told Fox News in a statement that Trump had a “standing order that documents removed from the Oval Office and taken to the residence were deemed to be declassified the moment he removed them.”
    Two of Trump’s former White House chiefs of staff have said there was no such order during their time with the administration.
    Former President Trump previously denied reports that he was in possession of classified documents relating to nuclear weapons that FBI agents reportedly sought when they searched his Florida residence.
    “Nuclear weapons issue is a Hoax, just like Russia, Russia, Russia was a Hoax, two Impeachments were a Hoax, the Mueller investigation was a Hoax, and much more. Same sleazy people involved,” Trump wrote on Truth Social, tying his latest exchange with law enforcement to longstanding and oft-repeated grievances.

  12. Spy v Spy says:

    “Trump Told White House Team He Needed to Protect ‘Russiagate’ Documents
    The former president, who left the White House with a trove of sensitive material, believes there are documents that would expose a Deep State plot against him — and told confidants he needed to protect them from the next administration” https://www.rollingstone.com/politics/politics-news/donald-trump-russia-investigation-maralago-1234588357/
    A month before the 2020 election, John Ratcliffe, Trump’s Director of National Intelligence, declassified intelligence detailing how the U.S. had obtained information about “Russian intelligence analysis” on Hillary Clinton’s campaign. The intelligence community, Ratcliffe wrote, couldn’t determine whether the information contained “exaggeration of fabrication.” Both CIA director Gina Haspel and NSA chief Paul Nakasone reportedly opposed the declassification on the grounds that it could reveal how American spies had obtained the information. Indeed, a variety of other officials familiar with the internal debate felt such declassifications could out sensitive sources.

  13. HAR says:

    A onetime White House lawyer under President Donald J. Trump warned him late last year that Mr. Trump could face legal liability if he did not return government materials he had taken with him when he left office, three people familiar with the matter said.
    The lawyer, Eric Herschmann, sought to impress upon Mr. Trump the seriousness of the issue and the potential for investigations and legal exposure if he did not return the documents, particularly any classified material, the people said. https://www.nytimes.com/2022/09/19/us/politics/trump-herschmann-documents.html

    A folder marked “Classified” on a red banner with the presidential seal and an “Evening Summary” label has been on display for several months behind glass in the 45 Wine and Whiskey Bar in the lobby of Trump Tower in midtown Manhattan.
    Next to the “Classified” folder is a “Situation Room” brochure marked “unclassified FOUO,” meaning “for official use only.” https://www.huffpost.com/entry/classified-folder-situation-room-trump-tower-bar-noah-bookbinder_n_632513d7e4b046aa023f80e5

  14. Curiouser and Curiouser says:

    Special master to Trump’s lawyers: ‘You can’t have your cake and eat it’
    The senior federal judge tasked with reviewing the materials seized by the FBI from Donald Trump’s Mar-a-Lago estate sharply questioned the former president’s attorneys Tuesday during their first hearing in his courtroom.
    Judge Raymond Dearie pushed Trump’s lawyers repeatedly for not backing up the former president’s claim that he declassified the highly sensitive national security-related records discovered in his residence.
    The judge, a veteran of the Foreign Intelligence Surveillance Court, expressed puzzlement about what his role would be if the government says certain documents are classified and Trump’s side disagrees but doesn’t offer proof to challenge that.

  15. Oyez says:

    U.S. District Court Judge Raymond Dearie, a New York City-based jurist named by a federal judge in Florida to act as a so-called special master in the review of more than 11,000 documents the FBI confiscated, proposed on Thursday that former Magistrate Judge James Orenstein help with the process since he “has experience with complex case management, privilege review, warrant procedures, and other matters that may arise in the course of the Special Master’s duties.”
    Orenstein spent 16 years as a federal magistrate in the same Brooklyn courthouse where Dearie sits.
    Dearie proposed that the former magistrate, who has a top secret clearance, be paid $500 an hour for work on the Trump documents case. The federal judge who named Dearie as special master, Florida-based Aileen Cannon, has previously ruled that Trump must assume all expenses related to the review.

  16. p/s says:

    The Justice Department on Monday filed a revised inventory of items seized from former President Donald Trump’s Mar-a-Lago resort last month, in addition to a declaration supporting the accuracy of the new list.
    Senior U.S. District Judge Raymond J. Dearie of New York, the court-appointed special master in the case, had ordered the Justice Department to file a declaration of all non-classified items to Trump’s lawyers as part of his review of documents that federal agents seized on Aug. 8. https://www.nbcnews.com/politics/justice-department/justice-department-files-revised-inventory-items-seized-mar-lago-rcna49523
    The few differences mostly concern the quantity of non-classified government documents and Trump’s collection of magazine and newspaper articles. A federal appeals court recently ordered that the classified documents should not be included in the special master’s review.
    The updated list adds 55 items to the more than 11,000 government-owned documents and photographs that the Justice Department says were removed from Mar-a-Lago.
    Trump’s legal team will have an opportunity to respond in person to the latest Justice Department filing at a status conference scheduled for next week, but its response in the form of a court filing is due before then, on Friday.

  17. Shrinkwrap says:

    Former President Donald Trump has reportedly admitted grabbing his letters with Kim Jong-un and other “tremendous stuff” when he left the White House on Jan. 20, 2021.
    Journalist Maggie Haberman revealed that the twice-impeached president took letters from the North Korean dictator when he jetted to Mar-a-Lago, his Palm Beach, Florida resort, on the day President Biden was inaugurated.
    “Most of it is in the archives, but the Kim Jong-un letters … we have incredible things,” he told Haberman, according to an article she penned in The Atlantic promoting her forthcoming book, “Confidence Man: The Making of Donald Trump and the Breaking of America.”
    Despite improperly making off with the cache of documents, Trump insisted to Haberman that he didn’t really remove anything important.
    ”Nothing of great urgency, no,” he told the scribe, who usually writes for the New York Times.
    The interview with Trump was conducted before the FBI search of Trump’s Mar-a-Lago on Aug. 8, which turned up some 10,000 government documents and more than 100 classified documents. https://www.yahoo.com/news/trump-admits-taking-kim-jong-171400488.html

  18. Whack-A-Mole says:

    According to new court documents filed Tuesday [link], the DOJ is asking special master Raymond Dearie for an additional day to turn over non-classified documents in the investigation. Federal prosecutors said they needed until September 28 because none of the five vendors they suggested to digitize the cache of documents “were willing to be engaged by Plaintiff.”
    Prosecutors said that they’d be willing to engage the vendors, adding, “the government is highly confident at least one vendor will respond.”
    They also said that Trump should be expected to pay for the process, and that they estimated that between the selection of a vendor and scanning of the files, the turnover could be concluded by October 7. https://www.businessinsider.com/doj-no-vendors-want-work-trump-digitize-mar-lago-docs-2022-9

    [link]: Donald J. Trump v. United States of America, Case No. 22-81294-CIV-CANNON – Government Motion to Modify and Adopt the Amended Case Management Plan (ECF 112) with Comments on the Amended Plan and Plaintiff’s Objections (September 27, 2022)

  19. Ay Pobrecito says:

    Trump pushing back on special master’s request for him to declare in court whether DOJ inventory is accurate https://www.cnn.com/2022/09/29/politics/trump-special-master-request-doj-inventory/index.html
    “In conversations between Plaintiff’s counsel and the Government regarding a data vendor, the Government mentioned that the 11,000 documents contain closer to 200,000 pages. That estimated volume, with a need to operate under the accelerated timeframes supported by the Government, is the reason why so many of the Government’s selected vendors have declined the potential engagement,” Trump’s team wrote on Wednesday.

  20. Memory hole says:

    “The National Archives has told the House Oversight Committee that it has not yet recovered all of the records from Trump administration officials that should have been transferred under the Presidential Records Act.
    The Archives will consult with the Department of Justice “on whether ‘to initiate an action for the recovery of records unlawfully removed,’ as established under the Federal Records Act,” acting archivist Debra Steidel Wall said in a letter sent on Friday to the committee’s chairwoman, Carolyn B. Maloney (D-N.Y.).” https://www.washingtonpost.com/politics/2022/10/01/trump-presidential-records-national-archives/

  21. Pack rat says:

    In Trump White House, classified records routinely mishandled, aides say
    The jumble of secret and not-secret documents found by the FBI was typical of how Donald Trump handled records, former staffers said. https://www.washingtonpost.com/national-security/2022/10/04/trump-classified-documents-meadows/
    During his four years in office, Trump never strictly followed the rules and customs for handling sensitive government documents, according to 14 officials from his administration, most of whom spoke on the condition of anonymity to discuss what they called Trump’s mishandling of classified information.
    He took transcripts of his calls with foreign leaders as well as photos and charts used in his intelligence briefings to his private residence with no explanation. He demanded that letters he exchanged with North Korean dictator Kim Jong Un be kept close at hand so he could show them off to visitors. Documents that would ordinarily be kept under lock and key mingled with piles of newspaper articles in Trump’s living quarters and in a dining room that he used as an informal office.

  22. Dustbin of history says:

    “What the FBI took from Trump, according to an accidentally unsealed list” (October 5, 2022 at 4:16 p.m. EDT) https://www.washingtonpost.com/politics/2022/10/05/trump-fbi-search-documents/
    “…Reviewing the list itself, though, we get a good sense of the breadth of information that was present at Mar-a-Lago. There are documents related to grants of clemency, to endorsements, to legal fights, to policy proposals. At times, the documents are cryptic. We’ve done our best to clarify where we can, but we might not have explained everything.”

  23. More nasty says:

    “The US Department of Justice has told lawyers for Donald Trump it thinks he has not handed back all the documents he took from the White House, the New York Times reported.” https://www.theguardian.com/us-news/2022/oct/07/us-justice-department-says-trump-didnt-turn-over-all-documents-report
    The DoJ’s choices, the paper said, include “giving up on trying to obtain the documents, issuing a subpoena for them, obtaining another search warrant or pushing for Mr Trump to attest under oath that he has handed over all the materials in his possession”.
    The Times said it was not clear if the DoJ had evidence Trump continued to hold government material even after the Mar-a-Lago search.
    On Wednesday the Washington Post reported that after the National Archives sought former President Trump’s presidential records for more than a year, Trump personally packed 15 boxes of presidential records to be returned to the National Archives and Records Administration in January and then told his lawyer, Alex Cannon, to declare that all materials requested by the agency had been returned.

  24. Big shot says:

    Donald Trump is seeking to withhold from the justice department two folders marked as containing correspondence with the National Archives and signing sheets that the FBI seized from his Mar-a-Lago resort, according to court filings in the special master review of the confiscated documents.
    The former US president’s privilege assertions over the folders, which appear to have direct relevance to the criminal investigation into whether he retained national defense information and obstructed justice, are significant as they represent an effort to exclude the items from the inquiry and keep them confidential. https://www.theguardian.com/us-news/2022/oct/07/trump-exclude-documents-inquiry-mar-a-lago-fbi-special-master
    Trump has asked the supreme court to intervene in the legal tussle over the classified documents seized in the FBI raid of his Florida home.
    Unauthorized removal and retention of classified information of the United States government is a criminal offense under U.S. federal law; it has been a felony since the enactment of S. 139 (FISA Amendments Reauthorization Act of 2017), a law signed by President Donald Trump in January 2018 which increased the maximum term of imprisonment for this offense from one year to five.

  25. D'oh says:

    A Trump employee has told the FBI about being directed by the former President to move boxes out of a basement storage room to his residence at Mar-a-Lago after Donald Trump’s legal team received a subpoena for any classified documents at the Florida estate, according to a source familiar with the witness’ description.
    The FBI also has surveillance footage showing a staffer moving boxes out of the storage room, the source told CNN.
    The witness account of Trump’s actions after the subpoena was served in May coupled with the footage could be key to the federal criminal investigation that’s looking into a range of potential crimes, including obstruction, destruction of government records and mishandling of classified information. https://www.cnn.com/2022/10/12/politics/trump-employee-fbi-mar-a-lago-boxes/index.html

  26. HAR says:

    “The U.S. Supreme Court for now has tossed out former President Trump’s objections to the way the Eleventh Circuit Court of Appeals is handling the seizure of classified documents from Trump’s Mar-a-Lago home in Florida.” https://www.npr.org/2022/10/13/1127587504/supreme-court-trump-documents
    The court’s single-sentence order noted no dissents, and the court gave no rationale, saying only that his application to lift a stay issued by a federal appeals court was denied.

  27. Clara Peller says:

    “Donald Trump’s assertions of executive and attorney-client privilege over certain documents that the FBI seized from his Mar-a-Lago resort appeared to lack evidence sufficient for him to rule in the former US president’s favor, the special master reviewing the records suggested on Tuesday.
    The special master, senior US district court judge Raymond Dearie, complained during a conference call in the case that the log of documents Trump is trying to withhold from the justice department did not give enough information about the validity of the privilege claims.
    Dearie encouraged Trump’s lawyers to elaborate on why they believed the documents could be excluded from the justice department’s criminal investigation into the potential willful retention of national defense information, removal of government records and obstruction of justice.
    The discussion on the conference call was the latest development in the ongoing review that is examining whether any of the 11,000 documents without classified markings seized from Mar-a-Lago are legally privileged and cannot be used by prosecutors in the criminal investigation.” https://www.theguardian.com/us-news/2022/oct/18/trump-mar-a-lago-documents-seized-fbi

  28. Emily Litella says:

    The Department of Justice has fired back at Donald Trump’s claim that nine White House files seized from his Mar-a-Lago compound by the FBI are his “personal” property. https://www.huffpost.com/entry/trump-doj-mar-a-lago-files-personal-property_n_63522f74e4b03e8038dd651e
    The Justice Department argued that the former president can’t claim the immigration documents are both his personal records and protected by executive privilege. The claims are contradictory and he must argue one or the other, the filing said.
    The special master appointed last month by U.S. District Judge Aileen Cannon at Trump’s request made a similar point about mixed and confusing claims concerning the documents in a conference call with the parties earlier this week. He pointed out that there’s “certainly an incongruity there” when Trump’s lawyers insist that some documents are protected both by executive privilege and as Trump’s personal records.
    Senior U.S. District Judge Raymond Dearie also complained that Trump’s legal team hadn’t offered much substance in either case to support its claims.

  29. So be it says:

    Former President Donald Trump floated a litany of conspiracies Friday in reaction to a striking report about the contents of the classified documents recovered from his Mar-a-Lago residence in August by the FBI.
    The Washington Post, citing unnamed sources, reported Friday that some of the classified documents federal agents seized contained deeply sensitive information, including intelligence on China as well as on Iran’s missile program.
    The report was published hours before the congressional committee investigating the 2021 attack on the Capitol issued a subpoena to Trump, compelling him to testify and provide documents relevant to its probe. https://www.usnews.com/news/articles/2022-10-21/trump-hits-back-after-report-on-classified-mar-a-lago-documents

  30. Update says:

    “Donald Trump dropped his initial claims of attorney-client privilege governing nearly 100 pages of documents seized at his Mar-a-Lago estate, but disputes about executive privilege remain for three records, according to a filing Monday from Trump and the Justice Department.
    The disputes are what the special master, U.S. District Judge Raymond Dearie, aims to resolve while reviewing about 11,000 documents. FBI agents seized the records from Mar-a-Lago while searching for evidence of violations of the Espionage Act or obstruction of justice.
    The joint filing Monday came after a dustup at a hearing Tuesday, when Dearie encouraged lawyers from both sides to determine where they truly disagree about the status of documents.
    Dearie’s review is scheduled to be completed Dec. 16.” https://www.usatoday.com/story/news/politics/2022/10/24/trump-mar-lago-documents-drops-attorney-client-privilege/10588227002/

  31. Update says:

    Donald Trump retained documents bearing classification markings, along with communications from after his presidency, according to court filings describing the materials seized by the FBI as part of the ongoing criminal investigation into whether he mishandled national security information.
    The former US president kept in the desk drawer of his office at the Mar-a-Lago property one document marked “secret” and one marked “confidential” alongside three communications from a book author, a religious leader and a pollster, dated after he departed the White House.
    The mixed records could amount to evidence that Trump wilfully retained documents marked classified when he was no longer president as the justice department investigates unauthorised possession of national security materials, concealment of government records, and obstruction.
    The classification status of the two documents is in dispute after Trump claimed that all documents at Mar-a-Lago had been declassified before he left office, though no such evidence has emerged and his lawyers have not repeated it in court.

  32. Fiddle-de-dee says:

    Former President Donald Trump argued in a newly public court filing that a president gets to decide whether records from his White House are personal documents – and that he had decided that all the records he took to Mar-a-Lago were in fact his personal property. https://www.cnn.com/2022/11/14/politics/trump-justice-department-white-house-personal
    The argument is Trump’s latest legal bid to hold off parts of the criminal investigation into sensitive records kept at his Florida resort and home after he left the White House.
    The Justice Department responded by saying that Trump’s legal theory for when he can deem records from his White House as personal is wrong.
    “Plaintiff may not designate records qualifying as ‘Presidential Records’ under the Presidential Record Act … as his ‘personal’ records simply by saying so,” the department said, adding that such a theory would “nullify” the purpose of the law.

  33. Will C. says:

    “This model prosecution memorandum (or “pros memo”) assesses the potential charges against former President Donald Trump emanating from his handling of classified documents and other government records since leaving office on January 20, 2021. It includes crimes related to the removal and retention of national security information and obstruction of the investigation into his handling of these documents. The authors have decades of experience as federal prosecutors and defense lawyers, as well as other legal expertise. Based upon this experience and the analysis that follows, we conclude that there is a strong basis to charge Trump.” https://www.justsecurity.org/84168/mar-a-lago-model-prosecution-memo/
    The memo analyzes six federal crimes:
    Mishandling of Government Documents
    1. Retention of National Defense Information (18 U.S.C. § 793(e))
    2. Concealing Government Records (18 U.S.C. § 2071)
    3. Conversion of Government Property (18 U.S.C. § 641)
    Obstruction, False Information, Contempt
    1. Obstruction of Justice (18 U.S.C. § 1519)
    2. Criminal Contempt (18 U.S.C. § 402)
    3. False Statements to Federal Investigators (18 U.S.C. § 1001)

    The article includes links to the model prosecution memorandum as a SCRIBD file and also as a separate PDF.

  34. Patty Cake says:

    The Justice Department has asked a judge to hold former President Trump’s legal team in contempt for failing to comply with a subpoena demanding the return of all classified records stored at Mar-a-Lago, according to reporting from The Washington Post.
    The appeal to a federal judge in sealed court documents comes after the Trump team has still failed to designate a custodian of records and is the latest sign of tension between the Justice Department and the Trump team just days after another two classified documents were found at a South Florida storage unit housing other Trump records.
    A U.S. District Court judge has yet to take action on the request, according to The Post. https://thehill.com/policy/national-security/3767823-doj-asks-judge-to-hold-trump-team-in-contempt-as-frustrations-mount-on-records-case-report/

    • Update says:

      “A federal judge on Friday refused a request to hold former President Trump’s legal team in contempt for failing to comply with a May subpoena to turn over any remaining classified documents held by the former president, ABC News reported.
      U.S. District Judge Beryl A. Howell reportedly urged the Justice Department and Trump’s lawyers to reach a resolution themselves, according to ABC. The court proceedings currently remain under seal.” https://news.yahoo.com/judge-declines-request-hold-trump-232433571.html

  35. Case closed says:

    The special master review of evidence seized from former President Donald Trump’s Mar-a-Lago estate is no more.
    Judge Aileen Cannon on Monday formally dismissed the case, which Trump brought to challenge the Mar-a-Lago evidence collection and in which she appointed special master Raymond Dearie, another judge, to make recommendations on whether prosecutors could access evidence.
    The dismissal of the case now gives the Justice Department full access to tens of thousands of records and other items found among documents marked as classified in Trump’s beach club and private office.
    Cannon’s dismissal follows the appeals court above her deciding that she had no authority to be involved in the Justice Department criminal investigation before any charges are brought. The court told Cannon the case must be dismissed and there will be no further proceedings before Cannon in the Southern District of Florida. https://www.cnn.com/2022/12/12/politics/judge-dismisses-special-master-trump/index.html

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