Judge Grants Trump’s Special Master Motion

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Res Ipsa
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Re: Judge Grants Trump’s Special Master Motion

Post by Res Ipsa »

Res Ipsa wrote:
Mon Sep 05, 2022 11:13 pm
Doctor CamNC4Me wrote:
Mon Sep 05, 2022 7:24 pm


Bing Bong’s Law in full effect!

RI,

What’s your take with regard to “reputational harm”? Why would that even factor in since the former President, or his proxies, stole classified information? I doubt most judges care about a thief’s reputation?

eta:



- Doc
Doc, that’s the the part of the analysis that I think is problematic. As I understand it, the potential of reputations harm from potentially being charged is inherent in every criminal case. As the President hasn’t been convicted, she shouldn’t assume that he’s guilty. But it’s hard for me to see how the potential for reputation damage in this case differs from the potential in every criminal case.

When I get a chance, I’ll have to read the cases she cites.
Circling back to this issue: The cases recognize this kind of reputational harm as irreparable injury in these circumstances.
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Re: Judge Grants Trump’s Special Master Motion

Post by Moksha »

Res Ipsa wrote:
Sat Sep 17, 2022 6:25 pm
Circling back to this issue: The cases recognize this kind of reputational harm as irreparable injury in these circumstances.
I imagine Judge Canon wishes to promote Trump's reelection chances.


I am still wondering about those secret documents folders that were empty. Do you think Judge Canon will issue "Get out of investigation free" cards for them? Sort of like monopoly cards that allow document merchants to pass go.
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Re: Judge Grants Trump’s Special Master Motion

Post by Gunnar »

Moksha wrote:
Sat Sep 17, 2022 7:05 pm
I imagine Judge Canon wishes to promote Trump's reelection chances.
I have no doubt about that! She is almost certainly counting on eventually being nominated to the Supreme Court, if Trump is reelected and an opening occurs during his last term as President.
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Re: Judge Grants Trump’s Special Master Motion

Post by Res Ipsa »

Moksha wrote:
Sat Sep 17, 2022 7:05 pm
Res Ipsa wrote:
Sat Sep 17, 2022 6:25 pm
Circling back to this issue: The cases recognize this kind of reputational harm as irreparable injury in these circumstances.
I imagine Judge Canon wishes to promote Trump's reelection chances.


I am still wondering about those secret documents folders that were empty. Do you think Judge Canon will issue "Get out of investigation free" cards for them? Sort of like monopoly cards that allow document merchants to pass go.
Nope.
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Re: Judge Grants Trump’s Special Master Motion

Post by Moksha »

Res Ipsa wrote:
Sun Sep 18, 2022 9:04 pm
Nope.
Spoken like a true lawyer.
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Re: Judge Grants Trump’s Special Master Motion

Post by Res Ipsa »

Moksha wrote:
Sun Sep 18, 2022 9:13 pm
Res Ipsa wrote:
Sun Sep 18, 2022 9:04 pm
Nope.
Spoken like a true lawyer.
Why, thank you.
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Re: Judge Grants Trump’s Special Master Motion

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And now, this -
Trump team resists special master's request to explain declassification of Mar-a-Lago documents

Former President Trump’s legal team on Monday night resisted a request to elaborate on his claims around declassifying the documents recovered last month from his Mar-a-Lago home. In a filing to the court-appointed special master that Trump requested, his attorneys said the “time and place” for making such a disclosure would come in a motion in a criminal trial as an effort to recover his property.

“Otherwise, the Special Master process will have forced the Plaintiff to fully and specifically disclose a defense to the merits of any subsequent indictment without such a requirement being evident in the District Court’s order,” Trump’s legal team wrote.

The resistance comes after Trump’s attorneys insinuated the former president declassified the more than 300 documents recovered from his Florida home but stopped short of fully making the claim in court filings.

“The government’s stance assumes that if a document has a classification marking, it remains classified irrespective of any actions taken during President Trump’s term in office,” Trump’s legal team wrote in a filing last week.

“There is no legitimate contention that the chief executive’s declassification of documents requires approval of bureaucratic components of the executive branch,” they added.

The Justice Department’s legal team seized on the hinting from Trump’s lawyer in their next filing.

“Plaintiff principally seeks to raise questions about the classification status of the records and their categorization under the Presidential Records Act (‘PRA’). But plaintiff does not actually assert — much less provide any evidence — that any of the seized records bearing classification markings have been declassified,” the department wrote.

“Such possibilities should not be given weight absent plaintiff’s putting forward competent evidence,” it added.

Though presidents have broad power to declassify records, doing so sets off a chain of events, as the intelligence agencies that manage such records must take additional steps.

The American Civil Liberties Union of Massachusetts on Monday filed a Freedom of Information Act request seeking the “standing” declassification order that Trump — outside of court filings — has pointed to in explaining the tranche of record in his home.

As Trump has fought to stop Justice Department from reviewing the classified records, the department has argued he could have no possible claim to the documents, saying their classification labels indicate they are government and not personal property and that Trump has no reason to stop the executive branch from reviewing them.
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Re: Judge Grants Trump’s Special Master Motion

Post by Binger »

canpakes wrote:
Tue Sep 20, 2022 2:22 pm
And now, this -
Trump team resists special master's request to explain declassification of Mar-a-Lago documents

Former President Trump’s legal team on Monday night resisted a request to elaborate on his claims around declassifying the documents recovered last month from his Mar-a-Lago home. In a filing to the court-appointed special master that Trump requested, his attorneys said the “time and place” for making such a disclosure would come in a motion in a criminal trial as an effort to recover his property.

“Otherwise, the Special Master process will have forced the Plaintiff to fully and specifically disclose a defense to the merits of any subsequent indictment without such a requirement being evident in the District Court’s order,” Trump’s legal team wrote.

The resistance comes after Trump’s attorneys insinuated the former president declassified the more than 300 documents recovered from his Florida home but stopped short of fully making the claim in court filings.

“The government’s stance assumes that if a document has a classification marking, it remains classified irrespective of any actions taken during President Trump’s term in office,” Trump’s legal team wrote in a filing last week.

“There is no legitimate contention that the chief executive’s declassification of documents requires approval of bureaucratic components of the executive branch,” they added.

The Justice Department’s legal team seized on the hinting from Trump’s lawyer in their next filing.

“Plaintiff principally seeks to raise questions about the classification status of the records and their categorization under the Presidential Records Act (‘PRA’). But plaintiff does not actually assert — much less provide any evidence — that any of the seized records bearing classification markings have been declassified,” the department wrote.

“Such possibilities should not be given weight absent plaintiff’s putting forward competent evidence,” it added.

Though presidents have broad power to declassify records, doing so sets off a chain of events, as the intelligence agencies that manage such records must take additional steps.

The American Civil Liberties Union of Massachusetts on Monday filed a Freedom of Information Act request seeking the “standing” declassification order that Trump — outside of court filings — has pointed to in explaining the tranche of record in his home.

As Trump has fought to stop Justice Department from reviewing the classified records, the department has argued he could have no possible claim to the documents, saying their classification labels indicate they are government and not personal property and that Trump has no reason to stop the executive branch from reviewing them.
Did the special master ask nicely or use a question with a presupposition? Maybe you don't know because you weren't there. I wonder who we could ask?
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Re: Judge Grants Trump’s Special Master Motion

Post by canpakes »

Binger wrote:
Tue Sep 20, 2022 2:38 pm
Did the special master ask nicely or use a question with a presupposition? Maybe you don't know because you weren't there. I wonder who we could ask?
Lol. Go find out, then tell why it matters to you.
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Re: Judge Grants Trump’s Special Master Motion

Post by Binger »

canpakes wrote:
Tue Sep 20, 2022 2:59 pm
Binger wrote:
Tue Sep 20, 2022 2:38 pm
Did the special master ask nicely or use a question with a presupposition? Maybe you don't know because you weren't there. I wonder who we could ask?
Lol. Go find out, then tell why it matters to you.
It doesn't matter. I was just responding to "now this".
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