Trump to Ask for ‘Special Master’ to Review Seized Docs

[Gateman_Wen]

“Donald Trump is expected to seek the appointment of a special court official to determine whether materials that the FBI seized from his Florida resort can be used in a criminal investigation,” The Guardian reports.

“The motion would be the first formal legal action by the former president after federal agents last week confiscated about 30 boxes of highly-sensitive documents from his Mar-a-Lago resort in connection with an investigation into the unauthorized retention of government secrets.”

I would take this to mean there is incriminating evidence there he doesn't want to get out.

Trump to Ask for ‘Special Master’ to Review Seized Docs

“Donald Trump is expected to seek the appointment of a special court official to determine whether materials that the FBI seized from his Florida resort can be used in a criminal investigation,” The Guardian reports.

politicalwire.com

 

[CaughtInThe]

he better figure out some way to cover his ass.

 

[less right]

Stalling.

 

[Checkerboard Strangler]

I would take this to mean there is incriminating evidence there he doesn't want to get out.

Trump to Ask for ‘Special Master’ to Review Seized Docs

“Donald Trump is expected to seek the appointment of a special court official to determine whether materials that the FBI seized from his Florida resort can be used in a criminal investigation,” The Guardian reports.

politicalwire.com

He isn't going to get a review, or special whatever, or anything.
The documents were and are government property and it is illegal for private citizens, even ex-Presidents, to just carry them out of the White House.

 

[Jacksprat]

Trump is a cancer on our nation.

 

[Callen]

My bet is he is just blowing hot air again. Just like unsealing the affidavit and declassifying documents....it takes more than a social media posting to get it done. Trump needs a good criminal lawyer familiar with federal prosecutions and he needs one now.

 

[Gateman_Wen]

He isn't going to get a review, or special whatever, or anything.
The documents were and are government property and it is illegal for private citizens, even ex-Presidents, to just carry them out of the White House.

You would think, but he's gotten so much special treatment already...

 

[RaleBulgarian]

I would take this to mean there is incriminating evidence there he doesn't want to get out.

Trump to Ask for ‘Special Master’ to Review Seized Docs

“Donald Trump is expected to seek the appointment of a special court official to determine whether materials that the FBI seized from his Florida resort can be used in a criminal investigation,” The Guardian reports.

politicalwire.com

Either Trump is ignoring his attorney’s advice against making the absolutely foolish comment, or he’s still taking legal advice from Rudy.

Contrary to the former Traitor-in-Chief’s claims, the documents seized by FBI agents are not his property, and they are not “privileged attorney-client “materials or “executive' privileged” materials.

The Presidential Records Act is very clear;

§2202. Ownership of Presidential records​

“The United States shall reserve and retain complete ownership, possession, and control of Presidential records; and such records shall be administered in accordance with the provisions of this chapter.”

https://uscode.house.gov/view.xhtml?path=/prelim@title44/chapter22&edition=prelim

Even if asking for a Special Master is just another of Trump’s ridiculous stall tactics, an official request would almost certainly be quickly dismissed by any court reviewing the request.

 

[Gateman_Wen]

My bet is he is just blowing hot air again. Just like unsealing the affidavit and declassifying documents....it takes more than a social media posting to get it done. Trump needs a good criminal lawyer familiar with federal prosecutions and he needs one now.

Alan Dershowitz says every reputable attorney he's spoken with has told him their firms 'won't let them go anywhere near' Trump

Trump will have a hard time building a legal-defense team as his legal troubles continue to build, Alan Dershowitz, who's represented Trump, said.

www.businessinsider.com

 

[Callen]

You would think, but he's gotten so much special treatment already...

I would not see it as unreasonable for him to want a Special Master to determine that each of the documents seized were government documents as per the warrant. However, I'm doubtful he has counsel sophisticated and experienced enough to go about securing one.

 

[Isidore]

Why would declassified documents not be able to be used in a criminal investigation?

(Assuming the DOJ wouldn't be interested in anything other than the government property retrieved at Mar-a-Lago for a case going forward.)

 

[Helix]

Maybe he can find a ninja.

 

[joluoto]

Plot twist: the only one who qualifies as a Special Master is Dark Brandon.

 

[RaleBulgarian]

I would not see it as unreasonable for him to want a Special Master to determine that each of the documents seized were government documents as per the warrant. However, I'm doubtful he has counsel sophisticated and experienced enough to go about securing one.

A Special Master isn’t needed. Determining which documents/materials are government property should easy.

 

[The Stars Tremble]

He isn't going to get a review, or special whatever, or anything.
The documents were and are government property and it is illegal for private citizens, even ex-Presidents, to just carry them out of the White House.

It's not quite that simple. If his "standing order" claim turns out to be true (big IF, it should be noted he was not under oath) then he legally removed the documents. He could still be guilty of keeping them, particularly since the archivist asked for them back.

As far as I know, Trump vacated the WH while still President, and has never been back. Even if he did go back, there's no way he would be allowed (as ex-President) to remove any documents.

It is interesting though, that he's trying to isolate just some of the documents as relevant to the seizure. I suspect he's trying to narrow the documents down to just ONE investigation (possibly named in the affidavit for a search warrant) so the other documents can't be used in other investigations.

It's not likely to work, though. The warrant was for all documents illegally held, and that includes even personal doodles if they haven't been cleared with the archivist. He's not allowed to keep ANYTHING just by seizing it and storing it on his property.

 

[Logician Man]

Is the "Special Master" Trump desires either Vlad Putin or Kim Jung UN?

 

[Buckeyes85]

It's not quite that simple. If his "standing order" claim turns out to be true (big IF, it should be noted he was not under oath) then he legally removed the documents. He could still be guilty of keeping them, particularly since the archivist asked for them back.

As far as I know, Trump vacated the WH while still President, and has never been back. Even if he did go back, there's no way he would be allowed (as ex-President) to remove any documents.

It is interesting though, that he's trying to isolate just some of the documents as relevant to the seizure. I suspect he's trying to narrow the documents down to just ONE investigation (possibly named in the affidavit for a search warrant) so the other documents can't be used in other investigations.

It's not likely to work, though. The warrant was for all documents illegally held, and that includes even personal doodles if they haven't been cleared with the archivist. He's not allowed to keep ANYTHING just by seizing it and storing it on his property.

What is the basis for your "legally removed if declassified" comment?

As far as I understand, classified or not, the documents belong to the United States, and specifically the national archives whether they are classified or not. Taking something that doesn't belong to you is by definition, illegal.

 

[The Stars Tremble]

What is the basis for your "legally removed if declassified" comment?

It amounts to "Trump was within the law in removing at least some documents, but not in keeping ANY documents after leaving office."

It remains to be seen if he WAS within the law in removing TS/SCI documents. My take on that is that he wasn't, if he didn't even make a record for other authorized recipients of the documents. However, it's not actually relevant to the question of him KEEPING documents.

As far as I understand, classified or not, the documents belong to the United States, and specifically the national archives whether they are classified or not. Taking something that doesn't belong to you is by definition, illegal.

The wording is important however. Trump taking the documents may well have been legal, but not keeping the documents when he had no further legitimate need to see them or alter them.

Trump may even have destroyed documents: if there are other copies of some documents but those are missing from his stash, that's Obstruction of Justice added to any other charge he might face. That's 38 months in the slammer, but only if another charge is proven.

 

[Airyaman]

Apparently Jon Sale went on Ari Melber's show and said this is what he would have done, and now Trump's strip mall lawyers are taking advice from lawyers on TV.

 

[Callen]

A Special Master isn’t needed. Determining which documents/materials are government property should easy.

It isn't that the task is difficult it is more to ensure the warrant was properly adhered to. If you recall a Special Master was appointed when Cohen's office/home was searched to ensure none of the documents involved attorney/client privilege. Probably where he got the idea. idea. Something tells me he won't do it though, I honestly don't think he has a lawyer qualified enough to argue such a motion....plus it's likely too late. The documents have been well sorted by now.

 

[CaughtInThe]

The ex-president is just a common thief. The sooner everybody understands that the better.

 

[Napoleon]

What is the basis for your "legally removed if declassified" comment?

As far as I understand, classified or not, the documents belong to the United States, and specifically the national archives whether they are classified or not. Taking something that doesn't belong to you is by definition, illegal.

Lots of Presidents do that. They take records home to help them write their memoirs then they give the records to the National Archives or their Presidential Library when they’re done with them. As far as I know, those records usually don’t involve material that is still classified.

 

[Callen]

Lots of Presidents do that. They take records home to help them write their memoirs then they give the records to the National Archives or their Presidential Library when they’re done with them. As far as I know, those records usually don’t involve material that is still classified.

My understanding is that in the case of memoirs etc the National Archives takes possession of the documents, catalogue them and then gives them to the past President "on loan".

 

[Napoleon]

It isn't that the task is difficult it is more to ensure the warrant was properly adhered to. If you recall a Special Master was appointed when Cohen's office/home was searched to ensure none of the documents involved attorney/client privilege. Probably where he got the idea. idea. Something tells me he won't do it though, I honestly don't think he has a lawyer qualified enough to argue such a motion....plus it's likely too late. The documents have been well sorted by now.

Hard to tell. According to the receipt, only 12 of the 39 items seized were identified as either classified documents or a potential presidential record. They gave no clues as to why they seized the other 27 items or even what most of them are.

 

[WorldWatcher]

#1 If the FPOTUS declassified the documents prior to 11:59 January 20, 2021 - then it is likely that the declassification documents are in the boxes that were obtained under the search warrant so the FBI may already have the documentation of declassification. In which case the FPOTUS might be less screwed on the "classified documents" angle, but he was still in illegal possession of government property.

#2 If the FPOTUS declassified the documents prior to 11:59 January 20, 2021 - and there is no declassification documents in the boxes, then such documentation would already be in the possession of the National Archives but were unknown to the FBI at the time. In which case the FPOTUS might be less screwed on the "classified documents" angle, but he was still in illegal possession of government property.

#3 If the FPOTUS declassified the documents prior to 11:59 January 20, 2021 by secretly and mentally thinking "Hey I'll just declassify all this classified stuff. Poof.", then at 12:01 President Biden could secretly and mentally think "Hey - the other guy might try to take classified material and not tell anyone that he secretly and mentally declassified it. So I'll just secretly and mentally reclassify it under my authority as President and now he's illegally holding classified material again. Poof."