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Trump Response to Stay Motion: Special Master Needed, Feds Trying “to skip the process and proceed straight to a preordained conclusion”

Trump Response to Stay Motion: Special Master Needed, Feds Trying “to skip the process and proceed straight to a preordained conclusion”

“This investigation of the 45th President of the United States is both unprecedented and misguided. In what at its core is a document storage dispute that has spiraled out of control, the Government wrongfully seeks to criminalize the possession by the 45th President of his own Presidential and personal records.”

Donald Trump has just filed his reponse to the feds’ Motion for Partial Stay.

The Response provides, in part:

This investigation of the 45th President of the United States is both unprecedented and misguided. In what at its core is a document storage dispute that has spiraled out of control, the Government wrongfully seeks to criminalize the possession by the 45th President of his own Presidential and personal records. By way of its Motion [ECF No. 69], the Government now seeks to limit the scope of any review of its investigative conduct and presuppose the outcome, at least as regards to what it deems are “classified records.” However, the Court’s Order [ECF No. 64] is a sensible preliminary step towards restoring order from chaos. The Government should therefore not be permitted to skip the process and proceed straight to a preordained conclusion.


The Judge had ordered the parties to consider, in formulating an Order for the Special Master, 100 documents the government says are classified. The government had said in its motion that the Special Master should not be permitted to review those documents.

09/08/2022 73 PAPERLESS ORDER: In formulating the proposed order of appointment to be filed tomorrow, which shall include the special master’s schedule and order of operations, the parties are instructed to consider Defendant’s position as to the approximately 100 documents discussed in the Motion for Partial Stay 69 . Signed by Judge Aileen M. Cannon on 9/8/2022. (dsy) (Entered: 09/08/2022)

Here is Trump’s response on that point, that the government presumes the documents are classified, but that is something the court, with the help of a Special Master, has jurisdiction to decide. Just because the government claims it doesn’t make it true or legally binding on the court:

… What is clear regarding all of the seized materials is that they belong with either President Trump (as his personal property to be returned pursuant to Rule 41(g)) or with NARA, but not with the Department of Justice.

However, it is not even possible for this Court, or anyone else for that matter, to make any determination as to which documents and other items belong where and with whom without first conducting a thoughtful, organized review. Recognizing this, the Court exercised its equitable jurisdiction and inherent supervisory authority to “ensure at least the appearance of fairness and integrity under the extraordinary circumstances presented.” Order [ECF No. 64 at 1]….

First, the Government’s position incorrectly presumes the outcome—that its separation of these documents is inviolable and not subject to question by this Court or anyone else. Second, the Government’s stance assumes that if a document has a classification marking, it remains classified irrespective of any actions taken during President Trump’s term in office. Third, as noted above, the Government continues to ignore the significance of the PRA. Indeed, if any seized documents (including any purported “classified records”) are Presidential records, President Trump (or his designee, including a neutral designee such as a special master) has an absolute right of access to same under the PRA. 44 U.S.C. § 2205(3). Accordingly, President Trump (and, by extension, a requested special master) cannot be denied access to those documents….

The Government’s Motion and appeal appear to presume the outcome of its review of the materials seized from President Trump. Critically, though, the Court’s Order is not a resolution of the ultimate merits of any argument raised by either President Trump or the Government. Rather, it merely directs the appointment of a neutral party to review the seized materials and, in conjunction, temporarily, and reasonably, precludes further use of the seized materials in the Government’s criminal investigation while that neutral review is ongoing. The Government is not likely to succeed on the merits of its appeal—even with respect to any subset of documents—because the Court reasonably exercised its equitable jurisdiction in adopting these appropriate measures….

The Government claims this Court cannot enjoin use of the documents the Government has determined are classified. [ECF No. 69 at 5-8]. Therefore, the argument goes, as President Trump has no right to have the documents returned to him—because the Government has unilaterally determined they are classified—the Government should be permitted to continue to use them, in conjunction with the intelligence communities, to build a criminal case against him. However, there still remains a disagreement as to the classification status of the documents. The Government’s position therefore assumes a fact not yet established. This Court’s Order exercising jurisdiction did not make findings as to the classification status of any documents. Further, whether it was lawful for the Government to seize those documents has yet to be determined by a court of competent jurisdiction. But that ultimate determination is an issue separate from this Court’s Order and whether a stay pending appeal is necessary.5 ….

This Court has provided more than adequate reasoning as to why a special master is needed to further review the documents in question. [ECF No. 64 at 14-19]. A special master is not an agent for either President Trump or the Government. The very purpose of a special master is to serve as a neutral third party, with appropriate authorization, reviewing documents to facilitate resolution of the parties’ disagreements. In opposing any neutral review of the seized materials, the Government seeks to block a reasonable first step towards restoring order from chaos and increasing public confidence in the integrity of the process.




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Trump has been maintaining meticulous custody of those documents. It’s only after the FBI’s panty raid that that the DOJ started leaking select documents. That should be one of the winning arguments for Trump.

    Agreed. There have been no leaks or other release of any of these documents or the information contained within them until the DOJ/FIB seized them.

    Clearly, the untrustworthy holders are the DOJ/FIB. Trump did his due diligence. The fact that the DOJ fears a Special Master is tacit evidence of their wrongdoing at some levels.

    taurus the judge in reply to Pasadena Phil. | September 12, 2022 at 11:09 am

    Actually Phil ( referencing comments in the last thread on how the classification process works)

    There literally is no “argument” for Trump to win ( the issue is already decided by plain language law)

    I have never dealt with or even heard about something this grandiose but I have seen this “strong arming” technique used before( often with great effectiveness) by the state.

    The DOJ knows beyond any shadow of any doubt the law in this case is already settled and they have no hope of victory.

    It goes back to the old technique of: If you have the law, pound the law- if you have the facts, pound the facts- if you have nothing- pound the table.

    The DOJ strategy here is easy to see when you back off about 100 m, put ear plugs in and watch what’s actually there and not what they are trying to convince you is there.

    They are hoping to “win” ( defined as cover their true intentions as this entire farce is a fishing expedition for something else) by the OTHER SIDE making an “error” in procedure and it not being caught.

    They don’t care if its team Trump or the court.

    They are obfuscating, word salading ( using legalese), blowing smoke and everything else to create a state of confusion so people cant see what is clearly in front of them.

    Sadly, when used properly, is a very effective strategy. ( at the end of the day, we are all humans and can lose track of things with sensory overload and other things)

The government has already proven they want to skip ahead due to their choices for special master, both of whom are rubber stamps for the FBI’s authority to take anything they want, from anywhere, and use it for anything.

In a sane world this would never have gotten past the Magistrate that signed this off.

Sadly, we do not live in sane world. We live int he world Democrats have created and with that sad reality the outcome of this case has already been concluded.

The DoJ will get its desired master. Documents will continue to be leaked. Trump will be charged for the crime of hurting Democrats feelings.

    Dimsdale in reply to mailman. | September 12, 2022 at 10:53 am

    Remember: karma (read it: precedent) can be, and almost always is, nasty.

    Biden alone should be terrified.

    alaskabob in reply to mailman. | September 12, 2022 at 11:11 am

    “Our precious democracy” = “Democrat Party Values. ” Every time I hear “our precious democracy”, I hear Gollum fingering The Ring.

      Oddly, they never say, “Our precious republic”.

        taurus the judge in reply to gibbie. | September 12, 2022 at 3:34 pm

        Nothing odd about it.

        In every society the “takers” will always outnumber the “makers” once they get “free stuff”.

        To the left, “democracy” is code for “mob rule” with them ruling the mob.

        Textbook Marxism.

        Everyone according to his ability to everyone according to his need and the losers always have more “need” than “ability”.

        That’s Cloward Piven also.

I like this. I see a maturation of the defense by Trump’s attorneys. They are digging in their heels and seem to be conducting a more focused defense.

    PuttingOnItsShoes in reply to DaveGinOly. | September 12, 2022 at 3:06 pm

    As I said on a previous the thread, I do wonder if this particular mad dog crew at the doj has become so arrogant, unchecked, and accustomed to rolling over people, and become so accustomed to only arguing mainly in front of friendly DC judges, that they they are not up to snuff when they have to fight a fair fight.

The classified documents are a smoke screen. A special maser to review what they took gets to see what they took — that’s the point.

Connivin Caniff | September 12, 2022 at 3:11 pm

Would it be appropriate for Trump to present a motion to the Court asking for sanctions and an injunction against the DOJ for repeated leaks of material? If it is appropriate, why hasn’t Team Trump done so?

Fat_Freddys_Cat | September 12, 2022 at 3:11 pm

I don’t understand why any of this is a problem, anyway. Democrats have been insisting for YEARS that they have plenty of evidence to lock Trump up. So why don’t they just act on it?

If what I’ve read is correct, the DOJ itself says that only 100 or so documents out of the 11,000+ it seized are labelled ‘confidential’, ‘secret’, or ‘top secret’.

Trump and his attorneys are claiming these documents were declassified by Trump and he had a right to have them in his possession.

My question is why hasn’t DOJ returned the other 10,900 documents, documents they claim to have reviewed and found not to fall into one of those three categories, to Trump? By their own admission they were not documents covered by the warrant.

Why hasn’t a judge ordered they be returned to Trump?

One doesn’t need to be a math wiz to know that something doesn’t add up. Even a Chicago public grade school ‘graduate’ ought to be able to see that.

    Ok, one chunk at a time here:
    –“Covered by the warrant” is a meaningless phrase. The warrant was literally written so broad that the FBI agents could have removed the kitchen sink and taken it under the warrant’s terms.
    –“Why hasn’t the DOJ returned….” Getting improperly taken items back from law enforcement is much like taking a toy away from a toddler. It takes time and patience while they scream “Mine! Mine!”
    –“11,000 documents with only 100 or so marked” One or a million could be marked and it doesn’t matter if Trump declassified them while President. That’s where the nut of their excuse for the raid comes from. If they can claim a document was still classified, none of the storage at MAL is ‘approved’ for classified material any more, so bang, instant conviction. All the clothes, magazine articles, framed photos, and such, are all window dressing, designed to let the FBI pontificate about mixed storage while ignoring the fact that nothing in that storage leaked *UNTIL* they took it.

      Bruce Hayden in reply to georgfelis. | September 14, 2022 at 3:32 pm

      They are claiming, of course, that some of the documents aren’t classified, but also that they are the only people who can make that determined nation. Except that Trump’s attorneys correctly point out to the fact that Trump was the primary classifier, and declassified, when he was in office. Interestingly, they didn’t bother with citing his power as the head of the Executive and the Commander and Chief, but instead, went to an Obama EO for support. Their problem is that if Trump had plenary declassification authority as he did, when he was in office, then how does he end up with classified documents? Many, if not most were probably formally ordered declassified his last full day in office. The rest? By implication, if nothing else. Trump’s attorneys called the DOJ out for trying to pull a fast one – that the DOJ was trying to pull a fast one, by equivalencies documents marked as classified with (currently) classified documents. What they didn’t push was that the DOJ was very likely trying to get their hands on documents (ordered declassified by Trump) that implicated the DOJ and FBI in their parts in RussiaGate.

    Bruce Hayden in reply to JHogan. | September 13, 2022 at 8:00 pm

    Because one of the goals by the FJB Administration is to get their hands on the political documents seized in the raid. How did Trump make certain decisions he made while President? What did he have to promise to get the deal? For one thing, what was promised for the Abraham Accords between Israel and Saudi Arabia? Could the deal made be used against The Saudi Crown Prince driving the agreement? Remember, he moved against the Muslim Brotherhood, which was strongly backed by at least Crooked Hillary when she was Sec of State. Could the FJB Administration use that information to destroy the agreement, and harm Trump’s legacy? A lot of stuff like that – that is traditionally covered by Executive Privilege – except that the FJB WH has waived/withdrawn EP for Trump. Moreover, the FJB WH ordered that the Archives share with the FBI anything that the FBI wants. The FBI wants something from Trump, they ask Archives, Archives asks Trump, if Trump resists, the FBI raids Trump’s home with a search warrant, taking whatever they want. They give it to Archives, who shares it with the FBI, who gets access to whatever they want of Trump’s without having to worry about legal niceties like Probable Cause.

The game is checkers.
The D.O.J. thinks it is chess.
Trump is laughing his tail off right now.

Rigged systems and processes is how they roll.

Considering all the subpoenas of Republicans mentioned by Tucker Carlson, it seems there is no honest “rank and file”, who
If they had integrity should quit rather than conduct a totalitarian purge and sow further marxist division in this fractured country..