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I disagree. I still think the warrant was overly broad, and it seems reasonable for the documents to be reviewed for privileged information, especially considering whom the material belonged too.
The material belongs to the government. They were no longer Trump's on January 20, 2021. There may be a few personal or privileged things in there belonging to him, but the classified documents that the DOJ needs to continue its investigation belongs to the government.
It is? Wishful thinking. I think a lot of documents the FBI took with them will be returned. You realize that the 'top secret' document RAID was just a smokescreen to get into Trump's residence and find other evidence like tax fraud or Jan 6 participation, right? All those documents will be returned to Trump since they're not related to the original scope of the FBI raid. So thank you, special master.
That's hard to understand since you didn't supply data to support your allegations.
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Quote:
Originally Posted by GeorgiaTransplant
I agree they should be reviewed for attorney client privilege. Executive privilege was waived by the executive. And official records are the property of the US, not of an individual.
Classified documents are by definition the property of the us government. To get those reviewed, Trump will simply need to legally assert he declassified them-otherwise it appears the special master is going to consider them still classified, as he should.
I can’t imagine a circumstance where those documents originally produced as classified would not be official records regardless of their classification status, but that’s why the special master exists. There may be some unique circumstance he’s qualified and in a position to decide on.
I’m really a fan of Trump’s decision in nominating what appears to be a diligent, qualified special master candidate who wants to complete the process so quickly! At first I was worried Trump just wanted to delay, but he’s playing 4-D chess here.
Actually, the classification status really does not matter as far as Dearie is concerned. It's not his job to decide what is classified vs declassified. His job is to go through everything and remove what is not pertinent to the warrant.
Actually, the classification status really does not matter as far as Dearie is concerned. It's not his job to decide what is classified vs declassified. His job is to go through everything and remove what is not pertinent to the warrant.
Demonstrably wrong, if they are classified then Judge Dearie cannot review them. To subject them to privilege review, Trump has to demonstrate that he declassified them. The markings alone are prima facie evidence they are still classified.
There are presumably potentially circumstances where declassified documents may have attorney client privilege attached. I can’t think of any but I have to admit I don’t know.
If they are still classified, they are government property, full stop, and Trump stole them.
I heard a legal guy on Alex Wagner tonight say that Cannon is NOT BOUND by any of Dearie's recommendations, she can overrule/ignore them. Because of this, he said this matter will take a long time to resolve. Which means this will be a mess - overrule, appeal, file another motion, stall, delay, blah, blah, blah.
Trump's lawyers may not be so dumb after all, IF they knew Cannon could overrule the Special Master.
I think that is true for any Special Master but is rarely done since 1) the judge chooses the Special Master s/he feels is capable of doing the special work, 2) the Special Master’s decision is supposed to clear the way to settle the argument….
The only reason to reject the Special Master’s decision is because it doesn’t agree with what the Judge has already decided SHOULD be the response…
I think it is likely Dearie will not give the response Trump and his team wanted—
They thought he would side with them no matter the law—and Dearie won’t
Lawrence O’Donnell suggested that Trump’s lawyers were really working against him PURPOSELY with their efforts yesterday…
... think a lot of documents the FBI took with them will be returned. You realize that the 'top secret' document RAID was just a smokescreen to get into Trump's residence and find other evidence like tax fraud or Jan 6 participation, right? ...
Are you suggesting that there is evidence to be had in that location?
Are you claiming that Trump is hiding evidence of other crimes in his hotel?
Demonstrably wrong, if they are classified then Judge Dearie cannot review them. To subject them to privilege review, Trump has to demonstrate that he declassified them. The markings alone are prima facie evidence they are still classified.
There are presumably potentially circumstances where declassified documents may have attorney client privilege attached. I can’t think of any but I have to admit I don’t know.
If they are still classified, they are government property, full stop, and Trump stole them.
QED
Dearie was judge for some Guantanamo cases—
I guess some of those might have classified documents that were part of an accused’s trial record and needed to be reviewed under attorney/client work…
And Dearie does have a security clearance—the only 1 of the 4 who had an existing top secret clearance
It is? Wishful thinking. I think a lot of documents the FBI took with them will be returned. You realize that the 'top secret' document RAID was just a smokescreen to get into Trump's residence and find other evidence like tax fraud or Jan 6 participation, right? All those documents will be returned to Trump since they're not related to the original scope of the FBI raid. So thank you, special master.
That could be true and is a technique the FBI uses. Special councils do that also. And if so Trump might be in a lot of trouble and why he is trying to hard to not let the FBI do their investigation.
And another reason why Trump should have never taken those documents or at the very least given them all back when it was requested.
Location: 23.7 million to 162 million miles North of Venus
22,905 posts, read 12,063,777 times
Reputation: 10172
Quote:
Originally Posted by GeorgiaTransplant
Demonstrably wrong, if they are classified then Judge Dearie cannot review them. To subject them to privilege review, Trump has to demonstrate that he declassified them. The markings alone are prima facie evidence they are still classified.
There are presumably potentially circumstances where declassified documents may have attorney client privilege attached. I can’t think of any but I have to admit I don’t know.
If they are still classified, they are government property, full stop, and Trump stole them.
QED
False. If he has the clearance, then there nothing that would or should stop him from reviewing them.
Quote:
Fellow lawyers and colleagues describe him as an exemplary jurist who is well suited to the job of special master, having previously served on the Foreign Intelligence Surveillance Court, which oversees sensitive national security cases.
...
Because Dearie previously served on the FISA court, it will probably not take much time or effort to get him authorized to review the classified material, and he may not have to travel far to look at them. New York City has a number of federal facilities in which Dearie could review highly classified material, which is important since the storage and safekeeping of such documents is the crux of the case.
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