The Justice Dept. Just Eviscerated the Trump-Appointed Judge in the Mar-a-Lago Case

  

Category:  News & Politics

Via:  tessylo  •  3 weeks ago  •  18 comments

By:   Shan Wu, The Daily Beast

The Justice Dept. Just Eviscerated the Trump-Appointed Judge in the Mar-a-Lago Case

S E E D E D   C O N T E N T




51001d30-e3e5-11eb-aeff-61d849288372 The Justice Dept. Just Eviscerated the Trump-Appointed Judge in the Mar-a-Lago Case





Shan Wu






Fri, September 9, 2022 at 12:22 AM







07e7a061d0e5d8e27032945eaeb453be



Photo Illustration by Thomas Levinson/The Daily Beast/Getty/Reuters

Hidden between the lines of the Justice Department’s filing Thursday of a request for   Trump-appointed Judge Aileen Cannon   to temporarily stay part of her Trump special master order is the implication that Cannon is accomplishing little besides   hurting an investigation that seeks to protect our national security .

The DOJ’s filing not only gives notice that it plans to appeal her decision, but also asks her to enjoin herself by temporarily lifting her ban on the DOJ reviewing and working with the set of just over 100 classified documents that are being kept separately from the rest of the documents seized by the FBI at former President Trump’s Mar-a-Lago resort.

Cannon had stopped the DOJ from reviewing all of the documents but   allowed an intelligence assessment   of the documents to continue. Although the DOJ notes that it continues to   disagree with Cannon barring access to all of the documents pending a special master’s review , its stay request applies only to a review of the classified documents. In laying out the reasons for this narrow ask, the DOJ exposes Cannon’s allowing only an intelligence assessment of the documents to proceed as unworkable and dangerous.


The DOJ argues in the filing that in a case such as this one the analysis of the documents for their intelligence value and risk is “inextricably linked with the criminal investigation.” It tells Cannon that her stopping the DOJ and the FBI from reviewing the classified documents has also halted the intelligence review due to concerns over what can and cannot be shared with DOJ/FBI investigators.


At best, Cannon’s view that an intelligence review can proceed entirely independently of the criminal investigation reflects a naiveté about how national security investigations work. Simply put, the intelligence assessment isn’t just an ivory-tower reading of documents by a bunch of a nerdy analysts working in a SCIF (Sensitive Compartmented Information Facility) but requires working with the documents to answer such crucial questions as who may have accessed the classified documents, who they may have been disseminated to, and where else classified documents might be located.

These answers come only from investigative steps like tracking down and talking to witnesses, reviewing surveillance and other forensic data, and following up on leads that emerge from this process. By banning such steps, Cannon ignores the fact that the FBI is part of the intelligence community that is tasked with assessing the classified documents. Her ban is really a ban on the DOJ and the FBI’s ability to properly protect national security.

In rebutting Cannon’s meritless concern over executive privilege as a justification for this dangerous interference with a criminal investigation into threats to national security, the DOJ starts by pointing out that executive privilege cannot possibly justify denying the Executive Branch from access to and use of its own documents. It reminds Cannon of the Supreme Court’s 1977 ruling in   Nixon v. Administrator of General Services , in which the court discussed how anomalous it would be to allow a former president to use executive privilege to stop an investigation “by the very Executive Branch in whose name the privilege is invoked.”

The DOJ also points out that Trump and his legal team never asserted executive privilege over classified documents previously subpoenaed and produced by them but only asserted executive privilege over documents discovered to have been withheld. Think of a bank robber who returns stolen cash stained by an exploding dye-pack but claims more stained money found in his house was not actually stolen.

The DOJ also eviscerates Cannon’s concern over possible injury to Trump by pointing out that Trump has never claimed to have any “property, possessory, or other legal interest in classified records” and that the Supreme Court and other federal courts of appeals have rejected the idea that mere fear of criminal prosecution constitutes irreparable harm.

Most powerfully, the DOJ turns Cannon’s concern over possible injury to Trump against her by pointing out that the real potential irreparable harm arising from this case is not any kind of injury to Trump but rather the risk of irreparable harm to the government and public from delaying the criminal investigation in this case.

In sum, the DOJ makes the case that Cannon’s ordering of a special master accomplishes nothing in the way of protecting real legal rights for Trump or the Executive Branch. The only thing accomplished by Cannon’s ruling is delaying and hurting a potential criminal case against Trump. But maybe that was the point all along.









Tags

jrDiscussion - desc
[]
 
Tessylo
Professor Principal
1  seeder  Tessylo    3 weeks ago
The DOJ argues in the filing that in a case such as this one the analysis of the documents for their intelligence value and risk is “inextricably linked with the criminal investigation.” It tells Cannon that her stopping the DOJ and the FBI from reviewing the classified documents has also halted the intelligence review due to concerns over what can and cannot be shared with DOJ/FBI investigators.

At best, Cannon’s view that an intelligence review can proceed entirely independently of the criminal investigation reflects a naiveté about how national security investigations work. Simply put, the intelligence assessment isn’t just an ivory-tower reading of documents by a bunch of a nerdy analysts working in a SCIF (Sensitive Compartmented Information Facility) but requires working with the documents to answer such crucial questions as who may have accessed the classified documents, who they may have been disseminated to, and where else classified documents might be located.

These answers come only from investigative steps like tracking down and talking to witnesses, reviewing surveillance and other forensic data, and following up on leads that emerge from this process. By banning such steps, Cannon ignores the fact that the FBI is part of the intelligence community that is tasked with assessing the classified documents. Her ban is really a ban on the DOJ and the FBI’s ability to properly protect national security.

Trump Went Judge Shopping and It Paid Off in Mar-a-Lago Case

In rebutting Cannon’s meritless concern over executive privilege as a justification for this dangerous interference with a criminal investigation into threats to national security, the DOJ starts by pointing out that executive privilege cannot possibly justify denying the Executive Branch from access to and use of its own documents. It reminds Cannon of the Supreme Court’s 1977 ruling in    Nixon v. Administrator of General Services  , in which the court discussed how anomalous it would be to allow a former president to use executive privilege to stop an investigation “by the very Executive Branch in whose name the privilege is invoked.”

The DOJ also points out that Trump and his legal team never asserted executive privilege over classified documents previously subpoenaed and produced by them but only asserted executive privilege over documents discovered to have been withheld. Think of a bank robber who returns stolen cash stained by an exploding dye-pack but claims more stained money found in his house was not actually stolen.

 
 
 
devangelical
Professor Principal
1.1  devangelical  replied to  Tessylo @1    3 weeks ago

every classified US document is numbered and catalogued. an intense internal audit is taking place now as well as polygraphs and interviews of those that handled those documents within the chain of the last administration. the FBI is also in the process of a full forensic investigation of every page of classified documents recovered. in addition to the number of disbarred attorneys associated with the treasonous trump administration, there will also be the wreckage of multiple gov't service careers. tough shit suckers.

 
 
 
Tessylo
Professor Principal
1.1.1  seeder  Tessylo  replied to  devangelical @1.1    3 weeks ago

They made their beds.  I can't wait to see them rot in them

 
 
 
Drinker of the Wry
Freshman Principal
1.1.2  Drinker of the Wry  replied to  Tessylo @1.1.1    3 weeks ago
They made their beds.  I can't wait to see them rot in them

You won't be allowed in their rooms.

 
 
 
Tessylo
Professor Principal
2  seeder  Tessylo    3 weeks ago

Speaking of the former criminal enterprise of an 'administration'.

306096095_582520893557825_567712716487904960_n.jpg?_nc_cat=104&ccb=1-7&_nc_sid=8bfeb9&_nc_ohc=w0wj2JGF6eEAX_8QM8U&_nc_ht=scontent-iad3-1.xx&oh=00_AT_YvySlWu0auXUtY8BVMi6HPVfz_x-RZY6NHiVcZtZyaA&oe=63207F2F

 
 
 
Tessylo
Professor Principal
3  seeder  Tessylo    3 weeks ago

306081227_582432296900018_8877294288636814944_n.jpg?_nc_cat=109&ccb=1-7&_nc_sid=8bfeb9&_nc_ohc=to59l_p3M1kAX9w-9lL&tn=ddyv9WRSVi2y4Anp&_nc_ht=scontent-iad3-1.xx&oh=00_AT88w9nZcJDAnVhP4fNHt74jSFi-TVE9Ebnwz-hmdQqIeQ&oe=631FE814

 
 
 
Tessylo
Professor Principal
4  seeder  Tessylo    3 weeks ago

305649414_533237792181558_1933938666576900323_n.jpg?stp=dst-jpg_p180x540&_nc_cat=1&ccb=1-7&_nc_sid=730e14&_nc_ohc=XEcxLJXNo9wAX_paDOd&_nc_ht=scontent-iad3-1.xx&oh=00_AT_rc3MnNISk1gZUn_Ugr4l7EUccZTDCjtmUMtMaHngpzw&oe=6320ED71

 
 
 
Tessylo
Professor Principal
5  seeder  Tessylo    3 weeks ago

305959005_6045603365451284_5170231102167730980_n.jpg?stp=dst-jpg_p526x296&_nc_cat=102&ccb=1-7&_nc_sid=730e14&_nc_ohc=rAJxq-8VhkMAX-P3MPC&_nc_oc=AQm2FlDuunX0tAwIbmpH_SVD1B4_ms66ZFWzXmc9uu4gSXeewmYdykgWnxdM1wZ2FtY&_nc_ht=scontent-iad3-1.xx&oh=00_AT9aqQUXwL-gD0ZglZi6F60FtVAk2Zt3G5ujfFVHXswVrw&oe=63207636

 
 
 
Tessylo
Professor Principal
7  seeder  Tessylo    3 weeks ago

Former FBI assistant director says Trump could have kept hold of a foreign country's nuclear secrets because they had 'the highest price tag' for classified info

Cheryl Teh
Thu, September 8, 2022 at 12:23 AM
8170b648f4fa7914f45d8eb26f7805fd
Former President Donald Trump is under investigation over his handling of classified documents. Mario Tama/Getty Images
  • The former FBI official Frank Figliuzzi has a theory on why Trump kept top-secret nuclear files.

  • Figliuzzi said these files held "the greatest value" to interested foreign powers and their enemies.

  • He said countries would give "their right arm" to find out what the US knows about their defenses.

A former FBI official said former President Donald Trump may have wanted to keep top-secret documents about a foreign power because of the astronomical price that country — or its adversaries — might pay for such information.

Frank Figliuzzi , a former FBI assistant director, was asked by the   MSNBC host Stephanie Ruhle   on Wednesday why Trump would have wanted to keep   top-secret documents about a foreign country's nuclear program   at his Mar-a-Lago home in Florida.   The Washington Post   reported Tuesday that Trump had such documents at his home.

In response, Figliuzzi posited that the high price of these documents would make them attractive assets.

"If I were to be asked what the highest price tag or highest value might be on what kind of classified US government information, certainly among the top of my answers would be: nuclear-related information," he said.

He added that such information had "potentially the greatest value" if one were to try to "market it and capitalize" on having such files.

"Well, first, a country would give its right arm to learn what the US knew about its nuclear program and capabilities, not only for the obvious reason of, 'Hey, they figured this out,' but also because it would signal what we don't know about their program," Figliuzzi said.

"Secondly, let's move to that country's adversary. They would give their left and right arms to find out what their adversary is doing in terms of nuclear capability," he added.

Aside from the value of the information, Figliuzzi noted that the files were at Mar-a-Lago, which Figliuzzi said had "some of the lowest security you can imagine," with foreign nationals "traipsing in and out."

A representative at Trump's postpresidential office did not immediately respond to a request for comment.

Figliuzzi is not the first FBI official to speculate that foreign nationals may have tried to obtain access to Mar-a-Lago.

The former FBI official Peter Strzok — who has a   bitter history with Trump   — said in August   that "any competent foreign intelligence service" would have tried to gain access   to the former president's Florida residence. Strzok cited Russia, China, Iran, and Cuba as countries agents could've come from.

Figliuzzi is also not alone in speculating that Trump may have tried to sell such classified data.

In August, Charles Leerhsen — an author who ghostwrote one of Trump's books — said the former president   may have taken White House documents to sell as presidential memorabilia . Separately, the   Fox News host Eric Shawn   asked during a broadcast whether Trump had tried to "sell or share" these top-secret files "to the Russians" or to "the Saudis."

During the FBI's raid on Mar-a-Lago last month, agents   seized 11 sets of classified documents , including some marked "top secret." Some of the documents may have concerned   nuclear weapons ,   The Washington Post reported .

According to the search warrant, the Justice Department is   investigating  whether Trump broke any of three federal laws — including the  Espionage Act   — by keeping the documents at his Florida residence.

Last month, Trump   dismissed the idea   that there were any nuclear documents in his possession.

Read the original article on   Business Insider

 
 
 
Dulay
Professor Principal
8  Dulay    3 weeks ago
interviews of those that handled those documents within the chain of the last administration.

Which is why the 'Judge's' ruling is so dangerous. The FBI is the domestic investigatory Agency in the IC but the STUPID Judge didn't understand that and enjoined them from participating in the risk assessment. 

If the person being interviewed handled documents from BOTH tranches [Jan. 2022 and August 2022] Trump's lawyers can demand that the FBI/DOJ prove that they ONLY addressed the Jan. 2022 docs. Anything the interviewee says about the August tranche would be inadmissible. The FBI does NOT record their interviews. 

The Judge's ruling is a giant clusterfuck of sloppy jurisprudence. 

 
 
 
Vic Eldred
Professor Principal
8.1  Vic Eldred  replied to  Dulay @8    3 weeks ago

I think they just gave the judge an out. So she's out of it, the "investigation" continues and the DOJ/FBI, whether right or wrong, looks irredeemably biased.

All the best with an indictment.

 
 
 
Dulay
Professor Principal
8.1.1  Dulay  replied to  Vic Eldred @8.1    3 weeks ago

What leads you to believe that Judge Cannon is 'out of it' Vic? 

The investigation is NOT continuing. 

 
 
 
Hallux
Junior Principal
8.1.2  Hallux  replied to  Vic Eldred @8.1    3 weeks ago
All the best with an indictment.

Our attentive readers are aware that an indictment is on your and DeSantis's wish lists.

 
 
 
Tessylo
Professor Principal
8.2  seeder  Tessylo  replied to  Dulay @8    3 weeks ago

I wonder how much someone paid her to rule that way?

 
 
 
devangelical
Professor Principal
8.2.1  devangelical  replied to  Tessylo @8.2    3 weeks ago

trumpski promised her she would be the new AG in 2024...

 
 
 
pat wilson
Professor Guide
8.2.2  pat wilson  replied to  devangelical @8.2.1    3 weeks ago

That or first in the SCOTUS pipeline.

 
 
 
JBB
Professor Principal
9  JBB    3 weeks ago

OVERRULED!

 
 
 
Buzz of the Orient
Professor Principal
10  Buzz of the Orient    3 weeks ago

Opinions from multiple legal scholars and experts have indicated that her delaying tactic was dead wrong.  That biased bitch should be charged with obstruction of justice and removed from the bench. 

 
 

Who is online

Revillug
dennissmith


25 visitors