The court would have to find jurisdiction, whether pursuant to the federal question statute or a discretionary anomalous jurisdiction wrt materials siezed pursuant to the warrant. The problem is that the documents do not belong to Trump, rather they are the property of the US Government acting through NARA by automatic operation of law in accordance with the Presidential Records Act. And any purported claim of “executive privilege” is a red herring insofar as it is the executive branch, specifically, DOJ acting on behalf of NARA, which has siezed the materials. It would be a different matter if it had been the J6C that had subpoenaed the materials. The issue of “declassification” is likewise a distraction to the extent that liability arising under the Espionage Act depends on whether the material relates to the defense of the US, not it’s classification status. Although it certainly raises other concerns among stakeholders such as CIA, DIA and NSA. In short, it would be nearing the level of impeachable judicial bad faith were the court to find that Trump will suffer irreparable injury if NARA failed to return documents that should have no longer been in his possession post 1/20/2021, particularly when there will be substantial evidence of deception and obstruction mitigating against an award of any form of equitable relief. NARA as the lawful possessor of the siezed materials has release a compelling statement of its position in the form of the letter sent back in May and the suggestion apoears to be that boxes stored in a basement (and hidden in the closet of Trump’s office) were being removed and replaced by unidentified people with some frequency. There’s not much for a Special Master to do at this juncture. No doubt the taint team has completed its review |
Reporting from earlier today suggests there is a new grand jury subpoena to NARA for documents. It could cover the most recent siezure or something else, such as archived records for USSS or DHS. |
The review is probably already done. |
Have you seen the crazy stuff coming out of the Fifth Circuit? Or the 11th circuit in the Lindsey Graham case? Trump judges do not care what the law is. And they certainly don’t fear impeachment. There is zero chance they get impeached and removed and they know it. |
| Garland is no dummy, so I imagine that many of the desperate moves team Dump is making were anticipated by him and his team. |
Is a district court judge willing to burn her career to the ground on this? Or does she want to serve on a higher court? Time will tell. |
It’s difficult to anticipate something along the lines of let’s throw it against the wall and see if it sticks. A 41(e) type motion isn’f all that unsurprising but the slapdash and unconventional manner in which it was put before a court after a two-week delay boggles the mind. And whatever happened to the much-touted Miami superlawyers, Jane and Marty Raskin? |
😂 |
Honestly, this question is one of the biggest mysteries of the entire Trump era. |
This. The list of people who previously were reasonably well thought of who will now be remembered as disgraces is pretty astonishing. Lindsay Graham, Marco Rubio, William Barr, Rudy Giuliani, Michael Flynn, and on and on, including Trump himself. |
THey'll either be remembered in disgrace, or they will be stars in the new fascist states of America. |
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So. It appears an indictment is probable, given the facts. What exactly could happen to Trump after that? |
Kompromat |