Reply to Donnie Dumptruck says Mar-A-Lago's been searched by the FBI

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I’m confused about what this special master would do.  Say he determines a document is subject to executive privilege.  Then what?  That basically proves it belongs to the government and trump illegally had it.  [/quote]

A special master typically operates behind the scenes because they are supposed to act in a role as impartial advisor to the court who can make findings and recommendations to the court. Filings may not be docketed. Hearings — such as they are — may not be transcribed or open to the public. It provides cover to Trump. [/quote]

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?[/quote]

Trump...doesn't control executive privilege.[/quote]

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. [/quote]

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. [/quote]

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/[/quote]

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.[/quote]
DOJ’s response should be good. 🍿
[twitter]https://twitter.com/hugolowell/status/1564378464345546753?s=21&t=EXVGwi9wmlQKIp0VXKCGzw[/twitter][/quote]

I see a lot of civil procedure arguments incoming.[/quote]

A 1L final exam’s worth. But DOJ is going to nuclear on the privilege issue. It would have been thoroughly researched prior to moving forward with a subpoena and then warrant application. It’s in the can. Maybe even something from OLC. [/quote]

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