Trump also appears to be relying on a legal advice defense (as he has with the challenge to the 2020 election and Jan. 6th questions). Apparently you are, which has nothing to do with my original comment. You can reach her at Brooke.Singman@Fox.com or @BrookeSingman on Twitter. You cannot admit that the warrant ALLEGES crimes. Trumps teams response should be Prove I didnt. My guess is that he has shown how corrupt every institution of government in the US is and he, in his second term was going to dismantle the corrupt agencies and either fire or prosecute the guilty traitors in the bureaucracies. (b) The case depends on two things: How sensitive are these documents? The Justice Department late Tuesday evening told the 11th Circuit Court of Appeals that former President Trump failed to show he declassified documents seized from Mar-a-Lago. Trump has deniedthat any of the materials in his possession at Mar-a-Lago were classified. Please. Of course he could declassified all docs with a thought, but he would only remove those classified docs that were important to him not just boxes and boxes of paper. Special Master Dearie has already lost patience with the Trump team in failing to support declassification claims and, correctly, said that he will proceed under the view that these documents remain classified in the absence of such proof. There are some lawyers who believe that a president has immediate and unlimited authority over classified information. But for the president, those photos became magically declassified at that instant, by the mere fact that the President himself turned the pictures towards the TV cameras. (d) The governments position is that FPOTUS was not lawfully in the possession of these documents. The authorization existed. A crime is still AN ACT. The special master and his team were to review those records for executive privilege, attorney-client privilege and for personal records. The DOJ must submit a brief arguing why it believes a special master isnt needed by October 14, while Trumps lawyers must submit a brief by November 10. Good luck. The Hannity interview may explain why. Petitioner began supporting the Nepali Congress Party ("NCP") in 2013. Yet again: refusing to turn over subpoenaed documents is an act under our laws. Quotes displayed in real-time or delayed by at least 15 minutes. A Warner Bros. No one would know that there was declassification other than the fact the he removed the documents or treated them as declassified., And yet, if you read the SCOTUS decision on Navy vs Egan, that is precisely what they are saying. The application to vacate the stay entered by the United States Court of Appeals for the Eleventh Circuit on September 21, 2022, presented to Justice Thomas and by him referred to the Court is denied. The timetable laid out by the court suggests that it is possible arguments will be heard before the end of the year. 2022). The Eleventh Circuit Court of Appeals is made up of Active Judges and judges who retired to Senior Status but remain on the bench. In BOTH cases the documents must NOT have been declassified. Not obstruction of government. The announcement from the 11th Circuit Court came on Wednesday. 2. 1330 (11th Cir. And they do so badly all the time. The notion that that can somehow be a crime requires the extremely delusional assumption that, in the exercise of their recognized Constitutional powers, POTUS (or any other elected official) could make a mistake placing them in legal jeopardy from another branch of government. 404-335-6100 Candor Tribunal. Trump must have moved the documents AFTER he was no longer president, Democrats impeached Trump for acts that are far less egregious and far more justified. Now on a more practical note, it does stand to reason that if POTUS literally wants mountains of classified material in the possession of government declassified then he must communicate that decision so those in possession of those documents are aware and may re-file them appropriately. On Friday, the DOJ filed a motion with the 11th Circuit Court of Appeals asking that it shut down Raymond Dearie's review of the documents confiscated during the August storming of the scenic . In the filing U.S. Court of Appeals for the 11th Circuit filing, the DOJ said the circuit court should pause part of the lower court decision that prevents prosecutors from relying on the . I say appears to be because this is conjecture on my part, I had a security clearance years ago when I clerked for the DOD, but that was in the 90s. The Supreme Court this week, though, denied Trumps motion. And read the rest of the law. DOJ has themselves between a rock and a hard place. Clinton had actual unauthorized posession of thousands of classified documents and was not prosecuted. The 11th circuit appeal court erred, but ultimately the FBI was getting the material marked classified. That is more than a legal burden that can be met in secret with a magistrate. That is how our system of justice is supposed to work. This material may not be published, broadcast, rewritten, Misleading headline. Citations Copy Citation. The burden of proof in motions and petitions is on the moving party. Earlier this month, the 11th Circuit Court of Appeals released an order Wednesday saying that the matter will be reviewed on the merits sometime after Nov. 17. Another clue is that Obstruction is nearly impossible without an underlying crime. That proof is far more important that catching Trump, in the unlikely event he actually committed a crime. An Oct. 5 order assigned the appeal to an 11th Circuit special merits panel and gave the DOJ until Friday to file its initial brief, with Trump's response due Nov. 10. A judge read the entire affidavit and determined that there was probable cause that these crimes had been committed. . A three-judge panel of the U.S. Court of Appeals for the 11th Circuit agreed to put on hold a lower court's order that kept the subset of sensitive records off-limits for the Justice Department to . Sarah Rice for The Washington Post via Getty Images, The U.S. Court of Appeals for the 11th Circuit. Its got a rather innocuous title, Motion to Expedite Appeal, but its filled with legal artillery aimed at one man, Donald Trump, and one woman, Judge Aileen Cannon. The 11th Circuit in the Wednesday filing also set the deadline for all briefs to be submitted to the court by Nov. 17. Dearie has scheduled next status conference for 10/6/22. Former president Donald Trump's Mar-a-Lago resort in Palm Beach, Florida. We cannot (and do not) decide the merits of this case. The Justice Department could elect to take the win and let Dearie proceed with his review (while litigating control or possession before the lower court). The three-judge panel of the 11th U.S. Sun, Sep 18th, 2022 by Jason Miciak The 11th Circuit Moves Staggeringly Fast On DOJ Motion To Lift Classified Docs Injunction Just yesterday, this site published an article that addressed. On Friday, the Department of Justice filed what can only be described as a blockbuster motion with the 11th Circuit Court of Appeals in Atlanta. Turley reveals some scepticism about the Presidents executive authority over declassification, but avoids the alternative question: which bureaucrat has been bestowed with the executive authority to contradict the President on a matter or manner of declassification? 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 resort and home . False, he is only not authorized to Declassify or classify. DOJ Asks 11th Circuit To Overturn Entire Cannon Order Josh Kovensky 10/14/2022 The Florida judge who blocked the DOJ's investigation into classified records held at Mar-a-Lago undermined. thanks anyway, (and I will, as always, let you get the last word in, so you will not erroneously interpret my subsequent silence as acquiescence.) As previously discussed, this was the "smart move" by 22-13005-F IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT DONALD J. TRUMP, Plaintiff-Appellee, v. UNITED STATES OF AMERICA, Defendant-Appellant. For the District of Columbia Circuit - John G. Roberts, Jr., Chief Justice Instead, any appeals go straight to the Supreme Court. Many legal experts believe the appointment was unnecessary, as the DOJ already had a separate team of researchers determining whether or not the documents were privileged. JUDGE OVERRULES SPECIAL MASTER ORDER FOR TRUMP TO GIVE 'FINAL' OBJECTIONS ON FBI SEARCH INVENTORY. The announcement from the 11th Circuit Court came on Wednesday. . APPEALS COURT WILL EXPEDITE REVIEW OF SPECIAL MASTER APPOINTMENT IN TRUMP DOCUMENTS CASE, But on Friday, the Justice Department challenged the appointment of Dearie altogether, arguing that Trump has not "asserted a claim of personal attorney-client privilege that would justify the district courts order. Recall JFK showing classified photos of Cuban missile sites on national television. Circuit Court of Appeals has granted a request from the Justice Department to stay portions of a ruling by U.S. District Judge Aileen Cannon that had effectively . Now Biden is using the actual power and tools of the executive DOJ/FBI to go after a political enemy WITHOUT evidence. Because of his involvement with the NCP -- and his opposition to the Nepal Communist Party Maoists -- Petitioner was threatened and attacked . It is likely more important that the people KNOW that our law enforcement is not corrupt, than protecting whatever secrets these documents contain. The DOJ and Trump's attorneys were supposed to submit their list of special master candidates by Friday. The DOJ has through Nov. 17 to file an optional reply. It is not about admitting it. October 5, 2022 The 11th Circuit Court of Appeals has granted a request from the Justice Department for an expedited schedule for dealing with an appeal from the department of the selection of what's called a special master to take over key components of dealing with records seized by FBI agents from Mar-a-Lago. Vacant seats on the Court are filled by Judges appointed by the President of the United States of America. It is not good to show partiality in judgment. The building is named for Elbert Tuttle, who served as Chief Judge of the Fifth Circuit in the 1960s and was known for issuing decisions which advanced the civil rights of African-Americans. There doesnt have to be a process. You are claiming that Trump legally possessed these documents up until the moment that Biden took the oath of office and that The Justice Department challenged that order at the 11th Circuit, though, arguing that the DOJ should be able to continue its review of the approximately 100 documents bearing classification markings seized during the raid. A judge read the entire affidavit and determined that there was probable cause that these crimes had been committed. ( 1950-10-31) October 31, 1950 (age 72) Atlanta, Georgia. This nonsense with left wing nuts like you constantly making up the law makes rational discussion impossible. You keep missing the fact that neither NARA, nor DOJ nor FBI, nor the WH have actually gotten a court order. Failure to comply with 11th Cir. Former deputy assistant attorney general Tom Dupree weighs in after a special master was appointed to review the seized Mar-a-Lago documents on 'Your World.'. The Justice Department filed a motion requesting that the 11th Circuit Court of Appeals "end" Special Master Raymond Dearies independent review of records seized by the FBI in its unprecedented raid of former President Trumps Mar-a-Lago home. 45 - Oral Arguments By Audio or Video Conferencing. Will Trump be indicted for these crimes? Magistrates do that all the time. thanks anyway. You've successfully subscribed to this newsletter! Washington, DC--On Monday, April 28, 2003, the American-Arab Anti-Discrimination Committee (ADC), the largest grassroots Arab-American civil rights organization filed an amicus (friend of the court brief) in the case of Glassroth v. Moore, which is on appeal with the Eleventh Federal Circuit Court of Appeals. But that has never been necessary to an investigation. All rights reserved. Last month, a three-judge panel of the 11th Circuit agreed the department. If youre the president of the United States, you can declassify just by saying, Its declassified. Even by thinking about it. Legal Statement. Julie Elizabeth Carnes. You have problems with dates. President Trump took documents for his personal use. Brooke Singman is a Fox News Digital politics reporter. When government behaves unusually and the behavior here is unusual in many many many ways it is govenrment we should be suspicious of. Unauthorized posession ALONE in not enough. Trumps possession does not become unauthorized because Biden takes the oath of office. We will have to wait and see. What are they so afraid of? MAR-A-LAGO PROBE: SUPREME COURT DENIES TRUMP APPEAL FOR SPECIAL MASTER TO REVIEW CLASSIFIED RECORDS. Education. She said there shall be no separate requirement for Trump at this stage, prior to the review of the Seized Materials, to lodge ex ante final objections to the accuracy of Defendants Inventory, its descriptions, or its contents.. Had the court sided with Trump, the process to determine the need for a special master would likely have lasted well into next year. Obstructing an investigation is another act under our laws. Plaintiff likewise fails to rebut the motions showing that the injunction is irreparably harming the government and the public. Your comment is wholly non-responsive to the gist of mine. Earlier this month, the 11th Circuit Court of Appeals released an order Wednesday saying that the matter will be reviewed on the. The entirety of the espionage act was beaten to death repeatedly in 2016 with regard to Clinton. Trumps legal team will now be required to respond in writing with their own brief by Nov. 10. 12 comments Last night, surprising absolutely no one, the Department of Justice filed an appeal with the Eleventh Circuit Court of Appeal. Powered and implemented by FactSet Digital Solutions. At the same time, the 11th Circuit handed down its decision to curtail the earlier Special Master order to allow prosecutors to resume their review of documents marked classified. If a president could declassify with a thought, he could literally declassify every document in the possession of the U.S. government with a constitutional Jedi-like power. Marjorie Taylor Greene v. Secretary of State for the State of Georgia, et al. Trump has filed a claim in civil court. Your still looking for an illegal ACT, and despite your efforts to read the law overly broad, you still do not have one. "She" Wisdom Lady Justice in Proverbs 24:23-25. [e] Charges of mishandeling sensitive information are based on national defense information. FOR THE ELEVENTH CIRCUIT . Youve created your own red herring with your numerous comments about Trump being in possession of stolen classified documents. DOJ has got what it wants. And thus far they have not shown anything. The 11th Circuit suspended Cannon's ruling as it applies to classified information, though the rest remains in place. The United States Court of Appeals for the Eleventh Circuit is a federal appellate court with appellate jurisdiction. 11-12802-GG . Not authorized by who or what? Issued Date: 11-03-2022 Fox News' Bill Mears, Jake Gibson and David Spunt contributed to this report. 2022 FOX News Network, LLC. . You have been trying to pass off an August 2022 press release as if it came a couple of years earlier. Updated September 16, 2022 at 9:34 PM ET. 7:44 PM EDT, Wed September 21, 2022. Nothing ever stopped the FBI from investigating. She was not prosecuted for possession because that is NOT enough. Some have speculated that Trumps request for a special master was merely a delay tactic in order to better prepare his legal teams arguments in the face of what appears to be impending charges against him. We have been through the FISA warrants which were drafted by nearly the same people and managed to persuade a judge far more capable than Reinhart, despite the fact that DOJ ajnd FBI knew at the time they were selling A Hoax as evidence to the FISA court. Some have speculated that Trumps request for a special master. If they do, they are going to have to prove a case. 18 USC 793, 1519 and 2071 are part of the criminal code, whether you can admit it or not. Yesterday, FNN aired two episodes about this legal saga: 1.in a 5 segment On Sunday Night in America, former AG Bill Barr weighed in with his opinion [1]: Mutual Fund and ETF data provided by Refinitiv Lipper. The United States Court of Appeals for the Eleventh Circuit quickly granted the Justice Department's application that it expedite the government's appeal of Florida federal district judge . One of Trumps lawyer, James Trustym sounds off on Life, Liberty & Levin. Thanks to the 11th Circuit stay, the FBI can now continue its investigation. Also, 793e is not based on mere possession. It literally says Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it We know that the documents were subpoenaed AND Trump willfully retained them. Trumps lawyers had argued against the DOJs claims that a special master was unnecessary in a brief they submitted earlier this week. The DOJ must submit a brief arguing why it believes a special master isnt needed by October 14, while Trumps lawyers must submit a brief by November 10. Court: United States Court of Appeals, Eleventh Circuit. The trial judge's order was widely panned as an unwarranted interjection into a criminal. Even the portion of the law you hang you hat on unauthorized possession is ONE element, In the end the result was highly unlikely to be different. (Felipe Ramales / Fox News Digital). In the interview, Trump suggested that he could declassify any or all documents with a thought. It is a position likely to further alienate both the Special Master and the appellate court, which have already expressed frustration with the lack of support offered for declassification claims. Follow us for first access to the latest news and analysis. Or he must have done something with them at MAL such as sold them to the Saudis District Judge Aileen Cannon, a Trump appointee, initially agreed to appoint a special master in early September, upon Trumps request more than two weeks after the documents were retrieved from his home. Attorney Alex Cannon said no to the request because, reportedly, he was not sure that statement was true.. The original deadline was Nov. 30. The 11th Circuit Court of Appeals agreed on Wednesday to a request from the DOJ to speed up the government's bid to block a Trump-friendly judge's intervention in the Mar-a-Lago investigation. If they do not indict Trump the presumption will be this was political. With everything going on right now from escalating white supremacy to the threat of nuclear war to the climate change-fueled disasters across the world . The damning evidence of prior politicization of the FBI/DOJ requires that DOJ/FBI prove their actions are not political to the PUBLIC, NOW. The appeal will be heard by the 11th Circuit Court of Appeals in Atlanta. The FORMER President is not authorized to possess NDI. Dearie's deadline to review the documents was extended to Dec. 16. 11 -12716-GG consolidated with Case No. False there is a specific crime of obstruction of justice, Please read the statute. "Justice Department seeks end to special master's review of Trump docs." refusing to return documents with classified markings that were subpoenaed by a grand jury. As I said: there are ALLEGED crimes that were the basis for the warrant. The 11th circuit court of appeals improperly elected to accept an appeal by DOJ. Before you drain your brain thinking of the crime you need to get your dates straight. ", The DOJ argued that Trump has "no plausible claim of such a privilege with respect to the records bearing classification markings or any other government documents related to his official duties," while adding that neither Trump nor Cannon "demonstrated why the filter procedures" at the Justice Department "were insufficient to protect any potential claims of personal privilege with respect to any remaining documents. Since the night of the Mar-a-Lago raid, many of us have asked for the evidence of such an order. is working overtime to bring you the latest information as it happens. (Getty Images). My point which is the same as theirs is that the back and forth about classification is a red herring. Get daily news, in-depth reporting and critical analysis from the journalists, activists and thinkers who are working to improve our world.. Thomas was the sole dissenter in a case involving Trump and presidential records earlier this year. Obstructing an investigation is another act under our laws. U.S. District Judge Aileen Cannon ordered the appointment of Dearie to review classified documents, personal documents and records containing attorney-client privilege, and executive privilege seized by the FBI from Trumps private residence in Palm Beach, Fla. in August. What is the governments evidence of shenanigans at the scene misleading the government? Please, do what you can to help us get through this trying time. In the first paragraph in its support of the motion, the DOJ comes right out and states an obvious point I dont think theyve put this bluntly before: On August 8, 2022, the government executed a lawfully issued search warrant seeking records that may have been unlawfully retained at a residence belonging to the plaintiff the former President of the United States after his tenure in office, including government records bearing classification markings.. Mutual Fund and ETF data provided by Refinitiv Lipper. See Proof Breach, Contempt, Fraud Courts, Etc.! Yet again: refusing to turn over subpoenaed documents is an act under our laws. The U.S. Court of Appeals for the 11th Circuit has agreed to the Department of Justices (DOJ) request to expedite its challenge to the legality of having a special master review documents that were retrieved in August from former President Donald Trumps Mar-a-Lago residence in Palm Beach, Florida. In a recent order from the 11th Circuit Court, the department was granted the ability to look at items marked as classified. 2010). Yes: https://www.washingtontimes.com/news/2022/aug/22/tapes-stored-bill-clintons-sock-drawer-could-affec/ As the government has explained (Mot. No more, no less. Trump has clearance equal to the current president except in two ways. Jun. UNITED STATES COURT OF APPEALS . Worse the immplication LITTERALLY is that DOJ is seeking to recover declassified crossfire huricane material. These are all ACTS. Court records for this case are available from U.S. Court Of Appeals, Eleventh Circuit. Circuit Court of Appeals sided with the DOJ last month and granted the department's request to resume reviewing classified documents from Mar-a-Lago. The special masters deadline to review the documents twas extended from 11/30 12/16/22. [2] https://www.msn.com/en-us/news/politics/trump-lawyers-pressed-on-seized-mar-a-lago-documents-by-special-master-in-nyc/ar-AA123pPF, Is this true? By Josh Kovensky | October 14, 2022 6:02 p.m. 121 The Florida judge who blocked the DOJ's investigation into classified records held at Mar-a-Lago undermined her own ruling, prosecutors said in a.
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