Just off the rails insane if she enjoins review if the docs. Not only would be obstructing the criminal investigation, she would also be preventing the government from figuring out how much harm to national security he caused. |
Well, she clearly lied when she pledged to recuse herself from any issues related to Trump. So she is ripe for impeachment. |
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Realistically she is looking at the equities. The DOJ investigation isn’t materially impaired by the appointment of a special master. The case team has had the documents for three weeks (with the exception of 520 pages that could be subject to attorney client privilege) and ODNI would be allowed to continue its national security assessment.
Trump OTOH is a former president and presumptive candidate for the nomination in 2024. The judge isn’t prepared to decide whether Trump can assert a blanket claim of executive privilege at this time, much less the question of declassification, and a special master can be used to conduct an independent review of the entirety of the 33 boxes/items for attorney client privileged documents. This will result in some delay. Maybe the judge is concerned DOJ siezed documents such as passports that can be used to tie Trump to control over the classified materials in the same drawer but this is in the realm of speculation. Yes, a judge is going to treat Trump is differently than other defendants in a criminal investigation because his status is ultimately different. |
1) the files don't belong to Trump; they belong to the USA 2) Trump doesn't have executive privilege. That lies with the President. Last time I checked, Trump wasn't the president 3) Who could serve as a special master with the necessary clearances? |
I don’t know what point you’re trying to make here. |
+1 Trump DID store his passports in the same drawer as classified materials, and DOJ already returned the passports. |
So say the special master says some docs are privileged. Then what? What is the effect? Does trump get them even though the PRA clearly says all presidential records belong to the US? I’m trying to figure out what the point of this review would even be? |
And to the extent there are any other personal items among the seized governmental records, particularly any personal items he might use regularly, they are evidence of Trump’s awareness that he has the documents because he would have seen them regularly. |
| Time for DOJ to make a boss move and indict him in DC. Arrest him and drag him up there. That would take this away from this corrupt Trump judge and put it in the hands of Judge Howell. |
DOJ doesn’t just dozer the brick of coke in your gym bag found in your closet. They sieze rest of the contents such as the Blockbuster membership card, a prescription bottle bearing your name with Oxy pills and the keys to your Camaro because they are evidence of your control over the bag. The same is true here. By way of example, the FBI siezed (1) boxes containing classified materials intermingled with items that are not covered by the Presidential Records Act including framed covers of Time and (2) the contents of drawers containing classified materials intermingled with personal and diplomatic passports. It’s also forseeable the FBI wanted to examine the psssports on the oft chance they contained a visa stamp or other marking that might raise a national security concern. |
Should seize assets and sell them at auction. |
The SM would typically issue a report and recommendation concerning which documents are privileged and should be returned. The burden will be on Trump to demonstrate a privilege applies and hasn’t been waived. DOJ could also argue an exemption, the most commonly known being crime/fraud. The parties can file objections to the recommendation and the district judge then issues her own ruling. In the more typical case where potentially privileged documents have been siezed pursuant to warrant, the person asserting the privilege files an action for TRO almost immediately to (1) require law enforcement to permit defense counsel to review all of the siezed material, (2) appoint a SM to oversee the review, and (3) prevent law enforcement from conducting any further review of the siezed material before a ruling in the motion for TRO. The reason for the TRO is that injury would be imminent and irreparable if law enforcement violated the privilege. The sequencing with a Trump is quite unusual. |
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