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Special master demands that Trumps lawyers state for the record whether or not they are claiming that the FBI planted evidence
Posted by: hal
Date: September 22, 2022 03:06PM
[www.washingtonpost.com]

The Mar-a-Lago special master on Thursday ordered Donald Trump’s lawyers to state in a court filing whether they believe FBI agents lied about documents seized from the former president’s Florida residence in a court-authorized search last month, or claimed to have taken items that were not actually in Trump’s possession.

In a Thursday afternoon filing, U.S. District Judge Raymond J. Dearie — the special master — told Trump’s legal team to state by Sept. 30 whether they believe any of the seized items were incorrectly described in the Justice Department’s 11-page inventory list, which said some of the documents were highly classified.

Dearie also told them to say whether they are claiming that any items on the inventory list were not in fact taken from the premises.

Trump has said on social media and in television interviews that the FBI planted items when they searched his Mar-A-Lago residence and private club on Aug. 8. He also claimed to have declassified documents found in that search that were marked classified and were highly sensitive. His lawyers have not made similar assertions in court, however, instead saying they have not reviewed the seized materials and are unable to confirm whether the government’s inventory list is accurate.

Dearie’s order, in essence, demands that Trump’s lawyers back up their client’s claims. “The submission shall be Plaintiff’s final opportunity to raise any factual dispute as to completeness and accuracy of the Detailed Property Inventory,” he wrote. At a hearing Tuesday, Dearie pressed Trump’s lawyers to take a position on whether the classified documents were, as Trump has said, declassified, but they demurred.
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Re: Special master demands that Trumps lawyers state for the record whether or not they are claiming that the FBI planted evidence
Posted by: Ca Bob
Date: September 22, 2022 03:38PM
Lawyers here: Suppose Trump tells his lawyers that he can't say for sure, but suspects that the FBI planted evidence. Can they say that, and what would the effect be? Would it be OK just to allege that evidence was planted without this putting the lawyers and/or Trump in jeopardy?

In other words, is the special master simply telling Trump's lawyers that they have to state the grounds of their case -- in other words that the FBI only has to defend its actions (that they didn't plant evidence) if Trump raises it as a defense, but otherwise it's taken as a given that what the FBI collected was in fact at Mar a Lago?
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Re: Special master demands that Trumps lawyers state for the record whether or not they are claiming that the FBI planted evidence
Posted by: Steve G.
Date: September 22, 2022 03:42PM
he's got the proof in his tiny little fingers

time to let it go, Don.
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Re: Special master demands that Trumps lawyers state for the record whether or not they are claiming that the FBI planted evidence
Posted by: GGD
Date: September 22, 2022 04:06PM
Glad to see that 45 is getting every penny of "special mastering" that he's paying for, using the guy he picked.
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Re: Special master demands that Trumps lawyers state for the record whether or not they are claiming that the FBI planted evidence
Posted by: hal
Date: September 22, 2022 04:07PM
Quote
Ca Bob
Lawyers here: Suppose Trump tells his lawyers that he can't say for sure, but suspects that the FBI planted evidence. Can they say that, and what would the effect be? Would it be OK just to allege that evidence was planted without this putting the lawyers and/or Trump in jeopardy?

In other words, is the special master simply telling Trump's lawyers that they have to state the grounds of their case -- in other words that the FBI only has to defend its actions (that they didn't plant evidence) if Trump raises it as a defense, but otherwise it's taken as a given that what the FBI collected was in fact at Mar a Lago?

There is a list of everything taken from Maralago - Special Master is telling them to select the items on that list that were not in fact taken (ie planted).

The lawyers need to be specific - something that team Trump is not very good at...

response should be interesting
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Re: Special master demands that Trumps lawyers state for the record whether or not they are claiming that the FBI planted evidence
Posted by: Speedy
Date: September 22, 2022 04:35PM
“I don’t recall.”



Saint Cloud, Minnesota, where the weather is wonderful even when it isn't.
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Re: Special master demands that Trumps lawyers state for the record whether or not they are claiming that the FBI planted evidence
Posted by: Ombligo
Date: September 22, 2022 04:43PM
Can you imagine the crap raining down on whoever suggested Dearie for the role of the special master. He has become Trumps worse nightmare.

This is great, I want popcorn.



“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: Special master demands that Trumps lawyers state for the record whether or not they are claiming that the FBI planted evidence
Posted by: pdq
Date: September 22, 2022 04:50PM
Honestly, Trump probably can’t remember all of the classified documents that he had. That puts him in a bit of a pinch, especially since he apparently doesn’t read that much.

He’d like to be able to use what he considers two get-out-of-jail-free cards: that one was planted, and that one I declassified (in my mind?). But Dearie seems to be anticipating this dodge by asking him now.

At some point Trump may face a prosecutor saying The FBI seized this highly classified document from Mar-a-Lago, which deals the current status of the nuclear arsenals of India and Pakistan. Do you remember declassifying this document?

If he says he declassified it (or declassified everything), they might ask him to describe the contents. He probably won’t be able to in any detail, which begs the response You declassified a highly classified document without knowing what’s in it?

In which case he might want to say Actually, I think the FBI planted that one; I think that’s why Dearie is asking now.

A reasonable president should be able to remember the general contents of highly classified documents he declassified. Can Trump do the same for 100+ documents?

He’s so @#$%&-ed.
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Re: Special master demands that Trumps lawyers state for the record whether or not they are claiming that the FBI planted evidence
Posted by: vision63
Date: September 22, 2022 05:12PM
I wouldn't be too surprised if Trump's lawyers backed away from him.
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Re: Special master demands that Trumps lawyers state for the record whether or not they are claiming that the FBI planted evidence
Posted by: numbered
Date: September 22, 2022 05:23PM
Quote
Ca Bob
Can they say that, and what would the effect be?

The issue for Trump is that he is the plaintiff. He is suing the United States. So he has to make a case. The judge is saying they have to state their position. Just like Judge Dearie said yesterday that if they claim the stuff was declassified they need to state it.

As a defendant, he can say what he wants. And wait for prosecutors to make their case.

Increasingly the lawyers are worried about making false statements in court. If they make a claim in court they are asked for evidence. Making stuff up is the first step on the road to disbarment.

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Re: Special master demands that Trumps lawyers state for the record whether or not they are claiming that the FBI planted evidence
Posted by: RAMd®d
Date: September 22, 2022 05:59PM
So he has to make a case. The judge is saying they have to state their position.


This.

As the plaintiff, he and his team have to make a formal declaration of what/why he's actually suing, akin to a prosecutor filing charges in court.

The case has to be more substantive then 'They don't like me!'


I did not see this coming, from a shopped judge appointed by 45* and a special master supposedly beholding to 45*, the GOP.


Did The Cannon backfire, or was it aimed a 45*.

His racketeering suit was dismissed; did his lawyers get paid up front?

Have any of his legal fees been out of pocket expenses or have they all been paid by the GOP, donations, et al.






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

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all who would be called good
must suffer with him.

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

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Re: Special master demands that Trumps lawyers state for the record whether or not they are claiming that the FBI planted evidence
Posted by: Steve G.
Date: September 22, 2022 06:26PM
Quote
RAMd®d

Did The Cannon backfire, or was it aimed a 45*.

I prefer the headline 'Trump Cannon Spiked'
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Re: Special master demands that Trumps lawyers state for the record whether or not they are claiming that the FBI planted evidence
Posted by: Lemon Drop
Date: September 22, 2022 07:41PM
Put up or shut up Donald.
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Re: Special master demands that Trumps lawyers state for the record whether or not they are claiming that the FBI planted evidence
Posted by: Tiangou
Date: September 22, 2022 09:09PM
Quote
numbered
Increasingly the lawyers are worried about making false statements in court. If they make a claim in court they are asked for evidence. Making stuff up is the first step on the road to disbarment.

These are bored rich retired (or of-counsel, same dif) real estate attorneys.

They care about the jokes their friends at the club would be making if they were disbarred. They don't care about disbarment, itself.



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