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MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: gadje
Date: September 21, 2022 07:05PM
gift link

[www.nytimes.com]
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: Steve G.
Date: September 21, 2022 07:54PM
ONWARD!

(CNN) A federal appeals court is allowing the Justice Department to continue looking at documents marked as classified that were seized from former President Donald Trump's Mar-a-Lago home and resort.
The emergency intervention upends a trial judge's order over those documents that had blocked federal investigators' work on the documents, and is a strong rebuke of the Trump team's attempt to suggest without evidence that materials were somehow declassified. Trump's options to block the criminal investigation are now dimming with one of his only remaining possibilities being an emergency request to the Supreme Court.
The ruling was issued by a three-judge panel of the 11th US Circuit Court of Appeals -- two of whom were nominated by Trump.

A special master's review of that subset of about 100 records, which would've allowed Trump's legal team to see them, is now partially stopped. The special master, Judge Raymond Dearie, is able to continue his work reviewing the rest of the material seized from Mar-a-Lago, to make sure records belonging to Trump or that he may be able to claim are confidential aren't used by investigators.

Those records -- which prosecutors have said contain highly sensitive national security information -- are at the heart of the criminal investigation into the mishandling of federal records after the Trump presidency. Concern over them was a major factor that prompted the Justice Department and a court to authorize the unprecedented search of the former President's home.

Altogether, the 29-page opinion was a major boost to the arguments the Justice Department has made throughout the dispute over the Mar-a-Lago documents, while undermining several claims that Trump had made about the materials the FBI seized.

"It is self-evident that the public has a strong interest in ensuring that the storage of the classified records did not result in 'exceptionally grave damage to the national security,'" the three-judge panel stated. "Ascertaining that necessarily involves reviewing the documents, determining who had access to them and when, and deciding which (if any) sources or methods are compromised."



Edited 1 time(s). Last edit at 09/21/2022 08:40PM by Steve G..
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: Ombligo
Date: September 21, 2022 08:39PM
Clarence Thomas oversees the 11th circuit, so he could put it back on hold until SCOTUS decides if they want to hear arguments during the 2023 session.



“No persons are more frequently wrong, than those who will not admit they are wrong.” -- François de La Rochefoucauld

"Those who cannot accept the past are condemned to revise it." -- Geo. Mathias
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: Steve G.
Date: September 21, 2022 08:40PM
The appellate judges found that the federal government and national security could be harmed by the pause in its investigation, and Trump's team didn't have good enough reason to review potentially classified records.
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: Lemon Drop
Date: September 21, 2022 08:51PM
Doofus went on Hannity tonight because apparently he can't stop incriminating himself. Said he could declassify documemts "just by thinking about them."

I think they ARE going for an insanity defense.
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: Steve G.
Date: September 21, 2022 09:06PM
Oddly enough, the Fox News web site makes no mention of this story at all.
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: RAMd®d
Date: September 21, 2022 09:20PM
But in an interview that aired late Wednesday, Mr. Trump made the extraordinary claim — not advanced by his own lawyers or supported by prior practice or legal precedent — that he had the right as president to declassify documents by wordlessly willing it to be so.


Ok, I'm pretty sure this time it's not satire, so I'll venture— you can't make this stuff up!

(Eventually I'll get one right.)






I am that Masked Man.

All you can do, is all you can do.

There’s trouble — it's time to play the sound of my people.

Your boos mean nothing to me, I've seen what you cheer for.

Insisting on your rights without acknowledging your responsibilities isn’t freedom, it’s adolescence.

I've been to the edge of the map, and there be monsters.

We are a government of laws, not men.

Everybody counts or nobody counts.

When a good man is hurt,
all who would be called good
must suffer with him.

You and I have memories longer than the road that stretches out ahead.

There is no safety for honest men except
by believing all possible evil of evil men.

We don’t do focus groups. They just ensure that you don’t offend anyone, and produce bland inoffensive products. —Sir Jonathan Ive

An armed society is a polite society.
And hope is a lousy defense.

You make me pull, I'll put you down.

I *love* SIGs. It's Glocks I hate.
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: Steve G.
Date: September 21, 2022 09:30PM
“There doesn’t have to be a process, as I understand it,” Trump told Fox News host Sean Hannity. “If you’re the president of the United States, you can declassify just by saying, ‘It’s declassified.’ Even by thinking about it.”

“There can be a process, but there doesn’t have to be. You’re the president. You make that decision. So when you send it, it’s declassified,” Trump added. “I declassified everything.”
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: gadje
Date: September 21, 2022 09:50PM
“I declassified everything.”

W T F ?

Lock him up now. He is insane.
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: Tiangou
Date: September 21, 2022 09:54PM
Quote
gadje
“I declassified everything.”

W T F ?

Cool!

I'm filing a Freedom of Information request for the pee tape.

I figure I'll put it to a modern soundtrack and release it in 15-second chunks on TikTok.

PROFIT!







Edited 1 time(s). Last edit at 09/21/2022 09:56PM by Tiangou.
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: GGD
Date: September 21, 2022 10:01PM
So he's taking the position that all of those documents were in his possession and he was aware of it. So much for "they were planted".
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: PeterB
Date: September 21, 2022 10:55PM
Quote
Tiangou
Quote
gadje
“I declassified everything.”

W T F ?

Cool!

I'm filing a Freedom of Information request for the pee tape.

I figure I'll put it to a modern soundtrack and release it in 15-second chunks on TikTok.

PROFIT!

smiley-laughing001

His saying that he can declassify things just by thinking about it, makes me think that this guy somehow thinks that he can boil water just by staring at it.

But if you do what you've suggested, Trump will sue you for copyright infringement. After all, only Trump can use images of Trump.

Oh, about that pee tape, lest we forget: [www.businessinsider.com]




Freya says, 'Hello from NOLA, baby!' (Laissez bon temps rouler!)
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: Speedy
Date: September 21, 2022 11:13PM
emoticon-tv-015



Saint Cloud, Minnesota, where the weather is wonderful even when it isn't.
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: RgrF
Date: September 22, 2022 12:12AM
Wonder if this abuse of office could be levered into concrete action; like either sidelining her to some sort of kiddie court to limit future damage or even finding a way to remove her.
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: pdq
Date: September 22, 2022 07:21AM
Smackdown!

No surprise; there was no legal basis for her argument and plenty of good (and practical) reasons against it. The only chance it had was other Trumpies in the judiciary going along with it, but (fortunately!) that didn’t happen.
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: deckeda
Date: September 22, 2022 07:25AM
The appeals court eviscerated Cannon’s line of thought. In particular they specifically mentioned declassification as a whole, is a “red herring” because such status would not change the content of the documents nor have anything to do with whether or not they’re “personal” items.
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: Janit
Date: September 22, 2022 09:06AM
Quote
Lemon Drop
Doofus went on Hannity tonight because apparently he can't stop incriminating himself. Said he could declassify documemts "just by thinking about them."

I think they ARE going for an insanity defense.

AND this is how he ordered the Jan 6 Insurrection, just by thinking about it.
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: Ombligo
Date: September 22, 2022 09:28AM
Quote
Steve G.
Trump: “If you’re the president of the United States, you can declassify just by saying, ‘It’s declassified.’ Even by thinking about it.”

So it is obvious that nothing was declassified. Trump has never thought about anything except himself.



“No persons are more frequently wrong, than those who will not admit they are wrong.” -- François de La Rochefoucauld

"Those who cannot accept the past are condemned to revise it." -- Geo. Mathias
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: $tevie
Date: September 22, 2022 12:12PM
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: hal
Date: September 22, 2022 12:45PM
Judge Cannon just adjusted her original order to be in line with the 11th Circuit Court of Appeals removing the terms that were just struck down.

That means they are no longer in her original order. That means there is no means of appealing the decision - there is nothing to appeal - the original objectionable thingy is gone.

pdf of the order: [storage.courtlistener.com]
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: cbelt3
Date: September 22, 2022 02:46PM
"YOu can just grab them by the documents. They can't say anthing. Just think it !"
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: wave rider
Date: September 22, 2022 04:45PM
Quote
cbelt3
"YOu can just grab them by the documents. They can't say anthing. Just think it !"

ftw smiley thumbs up Well done!



=wr=
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: Michael
Date: September 22, 2022 04:48PM
A problem is that there's apparently no statutory requirement as to how a presidential declassification has to occur. Here's an analysis from somebody who teaches at GW Law School that tries pretty hard to say that Trump did wrong but also points out that there is not a specific required process. I'd imagine that will be changed after the Trump stuff is over, whenever that might be.

[www.lawfareblog.com]
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: RAMd®d
Date: September 22, 2022 06:08PM
A problem is that there's apparently no statutory requirement as to how a presidential declassification has to occur.


Even so, I think it would be nigh impossible to sell a mind meld with the documents to set them free.

Without any paper trail prior to them leaving the office, I give 45* zero change of success on the willed declassification defense.



I'd imagine that will be changed after the Trump stuff is over, whenever that might be.

Agreed, that's a bug not a feature, that needs to be squashed (more aggressive than quashed.)






I am that Masked Man.

All you can do, is all you can do.

There’s trouble — it's time to play the sound of my people.

Your boos mean nothing to me, I've seen what you cheer for.

Insisting on your rights without acknowledging your responsibilities isn’t freedom, it’s adolescence.

I've been to the edge of the map, and there be monsters.

We are a government of laws, not men.

Everybody counts or nobody counts.

When a good man is hurt,
all who would be called good
must suffer with him.

You and I have memories longer than the road that stretches out ahead.

There is no safety for honest men except
by believing all possible evil of evil men.

We don’t do focus groups. They just ensure that you don’t offend anyone, and produce bland inoffensive products. —Sir Jonathan Ive

An armed society is a polite society.
And hope is a lousy defense.

You make me pull, I'll put you down.

I *love* SIGs. It's Glocks I hate.
Options:  Reply • Quote
Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: Lemon Drop
Date: September 22, 2022 07:40PM
As I understand, declassification has nothing to do with the crimes Trump is accused of here.

That's a diversion introduced by Trump and his allies.

He has no personal interest in the documents, so has no justification for breaking the law and keeping the documents at his property.
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: RgrF
Date: September 22, 2022 08:14PM
Quote
Michael
A problem is that there's apparently no statutory requirement as to how a presidential declassification has to occur. Here's an analysis from somebody who teaches at GW Law School that tries pretty hard to say that Trump did wrong but also points out that there is not a specific required process. I'd imagine that will be changed after the Trump stuff is over, whenever that might be.

[www.lawfareblog.com]

GW Law School is practically a branch of the Federalist Society.
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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: Tiangou
Date: September 22, 2022 08:53PM
Quote
RgrF
Quote
Michael
A problem is that there's apparently no statutory requirement as to how a presidential declassification has to occur. Here's an analysis from somebody who teaches at GW Law School that tries pretty hard to say that Trump did wrong but also points out that there is not a specific required process. I'd imagine that will be changed after the Trump stuff is over, whenever that might be.

[www.lawfareblog.com]

GW Law School is practically a branch of the Federalist Society.

It's really not.



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Re: MORE BREAKING NEWS: Appeals Court Restores Justice Dept.’s Access to Sensitive Files Seized From Trump
Posted by: RgrF
Date: September 25, 2022 08:52PM
So Turley isn't representative of the school?
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