Ah, that explains the request. |
I understand it is upsetting that Republicans aren't allowed to do whatever they want. |
Good one!
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That doesn’t answer the question. Trump wants a special master to determine what docs are subject to executive privilege. So what if the special master does that? What is the result? Surely they won’t give him the docs back. What’s the point? |
TBH the motion is about the farthest thing from clarity — perhaps intentional so. Trump is asking for appointment of a Special Master to review “potentially privileged” documents the FBI may have siezed. But he fails to identify any specific document or class of documents that may be subject to a claim of privilege. What he instead tells the court is that the government should be directed to provide a “more detailed receipt” for the siezed property that will enable Trump to determine what was taken, and implicitly some insight into the investigation and opportunity for greymail, and the return of material outside ghe scope of the warrant. In no uncertain terms Trump wants to know why the warrant was sought and belatedly asks the court to enjoin any further review of the material until the Dprcial Master is appointed — in other words, yet more delay, delay, delay. We can assume however that the review has been completed now that three weeks have passed as of Monday since the warrant was executed. DOJ would have anticipated prompt action by Trump and completed review at warp speed consistent with concerns about national security. And 5 boxes of material apparently have been sent to Judge Reinhart for review according to a warrant receipt. In short, it’s a proceeding full of sound and fury, but likely signifying nothing. |
Trump...doesn't control executive privilege. |
Bwhahaha. We're just giving republicans a dose of their own medicine. It's too bad they aren't used to being investigated, and may have committed crimes. |
We can expect him to argue otherwise based on language in US v. Nixon characterizing certain presidential communications as presumptively privileged. NARA has explained the reasons Trump is not correct but he’s simply trying to kick to can closer and closer to the midterms and the presumptive announcement of his candidacy. |
None of this is helpful for the state of our democracy. |
As I understand it, there’s still an open question on whether a former president can assert it over a current one. DC Circuit said no, but SCOTUS affirmed on different grounds and a number of justices expressly disagreed. I bet that never gets decided in this case though because SCOTUS clearly held in the Nixon cases that executive privilege cannot be used as a shield in a criminal prosecution. |
And DC Circuit authority is not controlling in 11th Circuit. |
Even if they were once covered by Executive Privilege doesn’t make them Trump’s personal documents. It means they are Presidential records that belong to the National Archives. Trump doesn’t get to keep government property. |
I’m not sure anyone is arguing otherwise. Even Trump’s filing only seek return of materials outside the scope of the warrant (and presumably not presidential records). https://www.justsecurity.org/82873/assessing-trumps-claim-of-executive-privilege-on-fbi-access-to-mal-docs/ |
But Trump and his people keep implying that Executive Privilege means he can do whatever he wants with the documents. |
Anything covered executive privilege is by definition a presidential record. And his filing doesn’t mention any other privileges, like AC. That is what is so baffling about the request, and the judges apparent decision to go with it. |