Typo. (Big fingers, little phone). Trump has been Roy Cohn crime-ing his entire life and has never been close to being prosecuted. He should have NEVER been allowed to run for Federal office just based on all the shit he did prior to 2016. And yet, not one of you legal eagles could figure out how to stop him. “The law is an ass !”
What good is this regal system of jurisprudence when DeSantis can bust 20 reprobates for voting “illegally” after they had been told they could register to vote by his state election officials, but no one can figure out how to bust Trump for literally hundreds of crimes in and out of office ? I’ll give you two terms that come to mind - corruption and incompetence in both legislating and adjudicating.
This is great, but meaningless. They don’t play by the same rules. All the intellectually honest, logically sound thinkers in the world would come to the same conclusion, but it’s meaningless because the conservative political and judicial mindset is steeped in intellectual dishonesty and faulty logic. But we are supposed to respect it as being just as valid as the other? I don’t know how this can be successfully addressed, but relying on the roulette wheel of maybe they’ll get a ruling from a decent magistrate is less than comforting because the highest courts are so stacked with Conservatives, who are basically, fascists.
“Be that as it may, we now insist that the Special Master does not need to have to have Top Secret clearance. And that’s our final offer. Case closed.”
Not really. As you noted in a later post, 44 USC 2201(2) first defines the term as including documents “created or received by the President.” But that’s not the end of the definition.
Subsection 2201(2)(B) then excludes certain documents. In particular, it says that the term presidential records “does not include any documentary materials that are (i) official records of an agency (as defined in section 552(e)[1] of title 5, United States Code) …”
The point is that if the classified documents are official CIA, DHS, etc. records there is a very good argument that they are not presidential records as defined in the statute…
I should have spelled it out step-by-step. Here’s one possible path to avoid having the Florida judge make the determination on whether these records are subject to executive privilege:
NARA intervenes and succeeds in showing that it owns the records under the PRA.
NARA then has legal (or constructive) possession and declares that it is releasing them to DOJ as “not privileged,” as it did with the January batch of Mar-A-Lago records.
To claim executive privilege and prevent NARA from passing the records to DOJ, Trump will have to file suit against NARA in the DC district court under 2204(e).
This would limit the Florida judge to deciding the less controversial questions of whether these are presidential records and whether they belong to NARA. Which should be fairly easy, as Trump’s lawyers said repeatedly at the hearing that these are: “Presidential records in the hands of the 45th President…” And the PRA is pretty clear on ownership.
On what grounds could they subpoena this judge? What DOJ should do is try to get a change of venue to DC Circuit since Cannon has raised the issue of Executive Privilege and says that she’s the controlling authority and not the DC Circuit. Further, she’s making rulings about a national security investigation, over which the FISA court may have already issued secret warrants for. DOJ did not raise that issue in her court but they may well take this issue to the DC circuit if this is getting in the way of counterintelligence investigations.
All that having been said, the fact that Cannon is attempting to make this wonky ruling at all points to how desperate the seditionists around Twitler are becoming in their struggle to maintain their seditionist agenda. Without Twitler, who have they got who can sustain them through a legal investigation into their previous insurrection attempt…and now the obvious ongoing sedition against the Constitution itself.
To be sure, this will embolden other “anti-activist” “judges” on the Federal bench to try to shore up Twitler’s legitimacy and to prevent a NSI from going forward into this matter. This case is an Espionage Act case and has more legs than the seditionist judge(s) in the 11th Circuit can stop IMO.
It is becoming more obvious as Trump’s remnant Judiciary oxidizes our entire Justice structure that every decision his judges make are solely to appease Trump, not to apply the law.
Which is why it seems so skewed to real legal experts.
There really was no other reason for it.
Certainly no legal precedent for them to claim they were emulating.
Trump judges do Trump bidding, not legal wrangling.
Trump strokers, one and all.
They all need to resign.
One and all.
If democracy had the kind of power we really wish, a majority of Americans would demand that happens, and if they won’t resign, they should be impeached.
These people were appointed for LIFE!
As long as they plague the system, the future belongs to fascism.
The Modern Dixiecrat Republican Party began, under Ronald Wilson Reagan, the project of flooding the Federal Judiciary with hard core Right Wing District Court, Court of Appeals and Supreme Court of the United States Justices. The Federalist Society has become an instrument of political obstruction and ongoing radical right wing rule.
