DOJ Reveals Some Of Trump’s Most Over-The-Top Claims In Mar-a-Lago Case

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This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1436553
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As I said the day of the FBI “raid” that the claims of documents being covered by Executive Privilege and therefore should not have been seized by the Feds is absurd. If a document is covered by EP it is, by definition, a Presidential record and therefore stolen by Trump when he took it to FL after he left office instead of turning it over to NARA which he is required to by law.

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“The DOJ pointed out in its letter that Trump is no longer President.” Maybe I’m not following closely enough, but I can’t see why this is still a legal or quasi-legal thing. Why is Judge Dearie “skeptical” about Trump claiming executive privilege? Why isn’t he saying, “1) you’re no longer President, and 2) the current executive wants these, so your claim of executive privilege is a non sequitur and a non-starter”? Is it because Cannon has muddied the legal waters so badly?

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OT, but good news:

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I would say that’s lawyer talk. Lawyers learn to express doubt in formal, highly hedged speech they don’t at all mean. They might say they find your argument “intriguing.” What they mean is it’s stupid. A planning commission head, himself a pretty high-powered attorney, once paid a developer’s attorney a seeming compliment by saying his interpretation of the housing ordinance was “creative;” what he meant was the proposed use was not allowed for in that zoning district so go peddle that crap in someone else’s township.

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Amy trying to get legit.

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Normally, I’m not a fan of justice being delayed, and I don’t like it here in this situation either. But it’s clear Trump is trying to delay any consequences for his rogue criminal behavior so he can run for President again, and avoid any repercussions if he wins. The problem for Republicans is that this boxes out potentially more mainstream candidates and the 2024 election becomes a referendum on Trump. That hasn’t worked out so well for Republicans in previous elections. He’s deeply unpopular with the vast majority of Americans and simply cannot win unless Republicans outright hijack the election, which they will at least try to do. He also hurts them in down-ballot races.

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???

Went right over my head.

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Oh! This is a different one than Amy Covid Barrett’s?

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“Plaintiff cannot logically assert Executive Privilege over two of the documents…because the parties agree that those documents are personal and not Presidential records,” prosecutors wrote.

The current DoJ doesn’t understand that Donnie is entitled to whatever categorization affords him the greatest protection against investigation.
Bill Barr would have set them straight on that! Now, I suppose the duty falls to Judge Cannon.
Unless the 11th Circuit rules in favor of DoJ and puts an end to this sham process, of course.

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Yes mine is a District Court rejecting the Rethug governors. Yours is even better!

Ed: and more surprising.

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One of the long-running jokes in the British comedy series Yes Minister was when Sir Humphrey Appleby, the Civil Service Permanent Secretary, called the minister’s ideas “novel,” which the minister quickly realized was a derisive insult and meant that no one would think it was a good idea. The writers were intimately familiar with civil bureaucracy and it was very much based on real life, as I continuously witness even today.

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I get it. Sort of like Jeeves managing Bertie Wooster. Still, I’m waiting for that moment of clarity when Dearie or whomever says “Your novel theory is based in a basic misunderstanding of the law. The court finds it has no merit.”

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Judge Dearie is in a very weird circumstance. He knows that the DOJ has asked the 11th Circuit to shut down Judge Cannon’s ruling creating the Special Master, so his efforts could be mooted at any moment. Plus, even when he tries to hurry things along, Judge Cannon can step in and overrule him. We’ve already witnessed him asking for one fairly quick deadline only to have Judge Cannon grant the Trump team a much longer one.

If he opts to be idiosyncratic in his writings, we can’t really blame him since nothing he works on in this regard may end up as a matter of any consequence.

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Even the fact that the Repubs in the House are throwing this out there incentivizes Putin to keep going knowing there’s a reasonable chance Ukraine’s support could dry up in the near future.

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OT but still seems like good news. Maybe people in this country really ARE pissed and are stepping up to do something about it.

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In the old days Trump could law faster than he could get caught. Not any more.

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