During Trump loyalist Kash Patel’s testimony in front of a grand jury on Thursday, prosecutors reportedly confronted him with his public claims that then-President Trump had declassified the documents the FBI found at Mar-a-Lago before he left office.
Even if they were declassified, which I doubt very much they were, they are still stolen documents.
This just ain’t that hard, folks.
Oh, and frist on behalf of checkmate2016 who I nosed out on an earlier thread, which made me feel bad. Sorry, man.
I’ve read countless times that the classification status of the documents found at Mar-a-Lago do not matter, that having them in Trump’s possession is a crime regardless.
I’ve also heard if they’re truly declassified a FOIA request would have to be honored and whatever we saw in the photo on the floor in Trump’s office could be had for the asking. Why hasn’t a watchdog group publicly proclaimed they’ve made such a filing and put the government on the spot about why they haven’t been produced? Seems someone would have to own up to their classification status if a FOIA filing occurred.
Trump himself has claimed he had declassified the records with his mind (which isn’t a thing).
Wait, no such thing as declassification by using one’s mind alone, or Trump has no mind?
Patel was reportedly granted immunity for his testimony on Thursday, protecting him from facing criminal charges over whatever he told the grand jury – but only if he was truthful.
Promised immunity to a skunk but only if he smelled like flowers…
Yes.
“But curiously enough, while Trump repeatedly insists in interviews and on his Twitter knockoff app Truth Social that the documents were declassified, his lawyers have refused to make the same argument in court.“
That’s because crossing your fingers while holding your hands behind your back doesn’t count in court.
Fuck this…if you don’t know what you’re talking about STFU. The documents are not declassified until the original classifying authority is notified of the intent to declassify and able to rebut. After that a series of reviews to ensure declassifying is not a threat to National Security takes place. After that the docs may have their travel sheets modified to allow review by folks without clearance. Months and months for this.
They were not declassified. And even if they had been they were US Gov. property.
specifically, how the ex-president plans to invoke the declassification defense.
Just lie.
Declassification is a red herring. EmptyWheel proposed that the Prosecutors’ intent is proving Trump’s premeditation to retain the documents and obstruct the investigation.
I hate to think some complicit trumped-state Prosecutors gave Patel immunity to cover-up Patel’s involvement in the thefts.
I think someone may be spinning the WaPo here. Seems oddly specific when there could well be other goals in play. (And when you know that Patel can advise tfg of what he said in the grand jury proceedings.)
Right, the Espionage Act is one of the three statutes listed in the MAL search warrant that covers the classified material. It was enacted before there were formal classification schemes, and it doesn’t mention the word “classified” at all. It’s about withholding closely held national defense secrets.
So the WaPo reporting about how the DOJ wants to know about Trump’s plans to use classified vs. un-classified in his defense doesn’t make any sense to me.
Unless, maybe they need to plan how to present this to a jury so it’s clear that classified status is irrelevant to the statute he’s being charged with? Maybe they’re worried about making it clear enough since the term “classified” carries a lot of weight in the public imagination.
The writing is a little soft in that quote. It’s not “curiously enough,” it’s “tellingly.” The Trump lawyers have been slammed enough by enough courts that they’re not going out on that limb anymore.
So this story is undoubtedly coming from either Kash’s counsel or someone else in Trumplandia they described it to.
And limiting the examination to boxing out Patel on the declassification fable only prevents Trump from trying to use him to repeat it at trial. A more wide-ranging exam might have impeded the government’s ability to charge Patel as a co-conspirator or more directly on the obstruction. Very interesting approach, at least as described.
That was my impression: why give Patel an immunity shield on the question when the classification status of the documents is not relevant to the original charge unless there was some other goal in mind.
No doubt Patel is collaborating with Trump attorneys so they are all on the same page. The only thing that gives me hope is that DOJ has information on Patel that will catch him in a perjury trap and/or will be enough to charge and convict him without his protected testimony.
If Trump can declassify documents with his mind, it will be interesting when he unveils his unwritten but memorized decree pardoning himself for any crime, any time, anywhere in perpetuity, infinity.
Since Elmo is exceeding even my really low expectations for him, reminder that my primary refuge will be @emptywheel@mastodon.social for now. (https://mobile.twitter.com/emptywheel/status/1588580606400757760?cxt=HHwWgIC82aLp4ossAAAA)
As @occamscoin reminded me yesterday, the DoJ gave Patel immunity in order to compel him to testify. This isn’t something he sought, and it’s not the sort of thing the DoJ does frequently.
The “other goal in mind,” then, if one squints just so, is nailing Trump.
It is my understanding that there is a specific procedure for declassifying documents. Saying he did so, or the ridiculous assertion that he could declassify them by thinking about it is a pile of steaming bullshit. Keep digging, Donnie, there’s a pony down there somewhere.
BREAKING: Tom Barrack ACQUITTED ON ALL CHARGES. (https://twitter.com/MuellerSheWrote/status/1588565739484909572?ref_src=twsrc^google|twcamp^serp|twgr^tweet)