Trump’s Lawyers Again Skirt Question of Declassification in Documents Inquiry

[MTAtech]

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Trump’s Lawyers Again Skirt Question of Declassification in Documents Inquiry​

On Monday evening, lawyers for former President Donald J. Trump insisted that he should not have to formally declare in court whether, as he has claimed publicly, he had used his power before leaving office to declassify sensitive documents seized from his Florida home last month.

But on Tuesday, in a separate court filing, Mr. Trump’s lawyers argued that the Justice Department has not proved that those same documents, some of which carry markings indicating the highest level of government secrecy, continue to be classified, coyly hinting Mr. Trump might have declassified them.

Mr. Trump, in other words, wants it both ways: He is arguing that he and his legal team should not have to state in a legal proceeding, where they could become subject to perjury charges or other penalties, that he declassified the documents, while also telling the courts that they should not accept the Justice Department’s word that they remain classified.
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Yup, they're basically admitting that those documents were not declassified.

 

[jpevans]

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Trump’s Lawyers Again Skirt Question of Declassification in Documents Inquiry​

On Monday evening, lawyers for former President Donald J. Trump insisted that he should not have to formally declare in court whether, as he has claimed publicly, he had used his power before leaving office to declassify sensitive documents seized from his Florida home last month.

But on Tuesday, in a separate court filing, Mr. Trump’s lawyers argued that the Justice Department has not proved that those same documents, some of which carry markings indicating the highest level of government secrecy, continue to be classified, coyly hinting Mr. Trump might have declassified them.

Mr. Trump, in other words, wants it both ways: He is arguing that he and his legal team should not have to state in a legal proceeding, where they could become subject to perjury charges or other penalties, that he declassified the documents, while also telling the courts that they should not accept the Justice Department’s word that they remain classified.
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Yup, they're basically admitting that those documents were not declassified.

The Drumpf doesn’t want to state under oath, what is clearly another lie. Words have consequences in a court of law.

 

[TomFitz]

Now that DiSantis has stolen trump’s deplorable crown, the trumpster mob has a new hero.

They’re reaching their limit with trump. They still want to believe. But it’s easier to push the reset button with a new deplorable in waiting than spend much more time making excuses, deflections and repeating lies about the last one.

So you won’t see as much of them with regards to the smorgasboard of trump crimes.

 

[Gateman_Wen]

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Trump’s Lawyers Again Skirt Question of Declassification in Documents Inquiry​

On Monday evening, lawyers for former President Donald J. Trump insisted that he should not have to formally declare in court whether, as he has claimed publicly, he had used his power before leaving office to declassify sensitive documents seized from his Florida home last month.

But on Tuesday, in a separate court filing, Mr. Trump’s lawyers argued that the Justice Department has not proved that those same documents, some of which carry markings indicating the highest level of government secrecy, continue to be classified, coyly hinting Mr. Trump might have declassified them.

Mr. Trump, in other words, wants it both ways: He is arguing that he and his legal team should not have to state in a legal proceeding, where they could become subject to perjury charges or other penalties, that he declassified the documents, while also telling the courts that they should not accept the Justice Department’s word that they remain classified.
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Yup, they're basically admitting that those documents were not declassified.

Wait... whut?

Won't speak about the claim they were declassified, then demands the government prove they weren't?

Grade school of law?

 

[uptower]

As I always thought, the request for a special master was just a delaying tactic. They can't really have expected the special master to save their bacon. Now that one has been appointed he has proven no less impartial to the facts and no more helpful to Trump's defense:

“The government gives me prima facie evidence that these are classified documents,” Dearie said, referring to the plain markings on the records. “As far as I’m concerned, that’s the end of it.”

‘As Far as I’m Concerned, That’s the End of It’: Skeptical Special Master Presses Trump’s Lawyers on Declassification Evasions at Hearing

Donald Trump's lawyers struggled to persuade a skeptical Judge Raymond Dearie that their refusal to specify their declassification position is tenable.

lawandcrime.com

 

[MTAtech]

Wait... whut?

Won't speak about the claim they were declassified, then demands the government prove they weren't?

Grade school of law?

Exactly. Your grandmother isn’t your grandmother. Prove me wrong.

 

[ElChupacabra]

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Trump’s Lawyers Again Skirt Question of Declassification in Documents Inquiry​

On Monday evening, lawyers for former President Donald J. Trump insisted that he should not have to formally declare in court whether, as he has claimed publicly, he had used his power before leaving office to declassify sensitive documents seized from his Florida home last month.

But on Tuesday, in a separate court filing, Mr. Trump’s lawyers argued that the Justice Department has not proved that those same documents, some of which carry markings indicating the highest level of government secrecy, continue to be classified, coyly hinting Mr. Trump might have declassified them.

Mr. Trump, in other words, wants it both ways: He is arguing that he and his legal team should not have to state in a legal proceeding, where they could become subject to perjury charges or other penalties, that he declassified the documents, while also telling the courts that they should not accept the Justice Department’s word that they remain classified.
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Yup, they're basically admitting that those documents were not declassified.

It's a massive crap show. Trusty basically said they don't really have an accounting of everything to know what's what, which is why a daft and overly broad statement like "I declassified everything!" made sense to say early on. Now without evidence of that declassification and what was declassified, it feels like there will be a lot more flailing.

 

[jpevans]

It's a massive crap show. Trusty basically said they don't really have an accounting of everything to know what's what, which is why a daft and overly broad statement like "I declassified everything!" made sense to say early on. Now without evidence of that declassification and what was declassified, it feels like there will be a lot more flailing.

& failing.

 

[MTAtech]

It's a massive crap show. Trusty basically said they don't really have an accounting of everything to know what's what, which is why a daft and overly broad statement like "I declassified everything!" made sense to say early on. Now without evidence of that declassification and what was declassified, it feels like there will be a lot more flailing.

And the special master said, he can’t have his cake and eat it too. Produce evidence of declassification or the government wins.

 

[ElChupacabra]

And the special master said, he can’t have his cake and eat it too. Produce evidence of declassification or the government wins.

Exactly, and it's a "put up or shut up" moment that is glaringly obvious Trump's lawyers have nothing to present as a retort. Statements like "I declassified everything" may work for simpletons who have no respect or knowledge of process, but processes are implemented to ensure accountability and transparency. This is playing out like his election fraud nonsense that got slapped down oh so many times.

 

[HangLow]

Trump’s Lawyers Again Skirt Question of Declassification in Documents Inquiry​

On Monday evening, lawyers for former President Donald J. Trump insisted that he should not have to formally declare in court whether, as he has claimed publicly, he had used his power before leaving office to declassify sensitive documents seized from his Florida home last month.

But on Tuesday, in a separate court filing, Mr. Trump’s lawyers argued that the Justice Department has not proved that those same documents, some of which carry markings indicating the highest level of government secrecy, continue to be classified, coyly hinting Mr. Trump might have declassified them.

Mr. Trump, in other words, wants it both ways: He is arguing that he and his legal team should not have to state in a legal proceeding, where they could become subject to perjury charges or other penalties, that he declassified the documents, while also telling the courts that they should not accept the Justice Department’s word that they remain classified.
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Yup, they're basically admitting that those documents were not declassified.

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[Winston]

Wow

That’s record breaking dumb

 

[Tangmo]

The Trump Idiocracy.

 

[BlueTex]

 

[ElChupacabra]

View attachment 67414103

Ouch!

 

[BlueTex]

Their argument yesterday is already biting them in the ass...

The district court’s injunction is preventing the government from using its own records with classification markings—including markings reserved for records of the highest sensitivity—in an ongoing criminal investigation into whether those very records were mishandled or compromised. The court entered that unprecedented relief to allow a special master to consider Plaintiff’s claims of privilege or for “return” of records. A36. Plaintiff’s response confirms that a partial stay is warranted because he cannot articulate any plausible claim for such relief as to the records with classification markings. Indeed, Plaintiff scarcely even attempts to explain how such records could be subject to a valid claim of executive privilege, attorney-client privilege, or return of property under Rule 41(g). Instead, Plaintiff again implies that he could have declassified the records before leaving office. As before, however, Plaintiff conspicuously fails to represent, much less show, that he actually took that step. And Plaintiff is now resisting the special master’s proposal that he identify any records he claims to have declassified and substantiate those claims with evidence. D.E. 97 at 2-3. In any event, Plaintiff’s effort to raise questions about classification status is a red herring. As the government has explained (Mot. 15-17), even if Plaintiff could show that he declassified the records at issue, there would still be no justification for restricting the government’s use of evidence at the center of an ongoing criminal investigation. Again, Plaintiff offers no response.

Plaintiff likewise fails to rebut the motion’s showing that the injunction is irreparably harming the government and the public. He emphasizes that the district court allowed the government to continue to use the records for certain nationalsecurity purposes. But Plaintiff cannot deny that the injunction is impeding the criminal investigation, which is itself an essential component of the government’s effort to identify and respond to the threats posed by the mishandling of records bearing classification markings reflecting their extreme sensitivity. And Plaintiff cannot show that he would suffer any cognizable injury from a partial stay.

https://openargs.com/wp-content/uploads/DOJ-Trump-reply-11-Cir.pdf

 

[tres borrachos]

Only a moron or a Trump devotee (I know, redundant) believes Trump's bullshit claim of declassifying all of those documents before leaving the WK.

 

[jpevans]

Their argument yesterday is already biting them in the ass...

The district court’s injunction is preventing the government from using its own records with classification markings—including markings reserved for records of the highest sensitivity—in an ongoing criminal investigation into whether those very records were mishandled or compromised. The court entered that unprecedented relief to allow a special master to consider Plaintiff’s claims of privilege or for “return” of records. A36. Plaintiff’s response confirms that a partial stay is warranted because he cannot articulate any plausible claim for such relief as to the records with classification markings. Indeed, Plaintiff scarcely even attempts to explain how such records could be subject to a valid claim of executive privilege, attorney-client privilege, or return of property under Rule 41(g). Instead, Plaintiff again implies that he could have declassified the records before leaving office. As before, however, Plaintiff conspicuously fails to represent, much less show, that he actually took that step. And Plaintiff is now resisting the special master’s proposal that he identify any records he claims to have declassified and substantiate those claims with evidence. D.E. 97 at 2-3. In any event, Plaintiff’s effort to raise questions about classification status is a red herring. As the government has explained (Mot. 15-17), even if Plaintiff could show that he declassified the records at issue, there would still be no justification for restricting the government’s use of evidence at the center of an ongoing criminal investigation. Again, Plaintiff offers no response.

Plaintiff likewise fails to rebut the motion’s showing that the injunction is irreparably harming the government and the public. He emphasizes that the district court allowed the government to continue to use the records for certain nationalsecurity purposes. But Plaintiff cannot deny that the injunction is impeding the criminal investigation, which is itself an essential component of the government’s effort to identify and respond to the threats posed by the mishandling of records bearing classification markings reflecting their extreme sensitivity. And Plaintiff cannot show that he would suffer any cognizable injury from a partial stay.

https://openargs.com/wp-content/uploads/DOJ-Trump-reply-11-Cir.pdf

Plaintiff is just trying to postpone the eventual reckoning. That's his MO. He knows his time is up, so the longer he can put off the inevitable, the better.