No, it isn't false. Their whole justification is based claims of "national security risk" and claims that all documents have been accounted for and so no need for a third party to confirm. 54 pages reduced to "just trust us".
Again, that's not all the multiple filings said, but your characterization of them isn't interesting to me.
And who ensures that the DOJ actually does that without a third party audit? Oh right... "just trust us".
Since when does a criminal suspect have some constitutional right to demand a third-party "audit" of the investigating agency? That is also sure as hell is not the role of a Special Master.
And such an audit is impossible. For any third party to "audit" whether the DoJ in fact copied all the documents seized, you need to start with an inventory of every document seized, and that does not exist except the inventory in the hands of the DoJ. Trump sure as hell has no idea what was in those boxes, which is his problem.
It's not made up. It's policy. But you don't even need the profession experience I have to conclude that the point I made is logical.
You moved the goal posts from USG has copies of all 11,000 documents, to something about classified documents being in the wild.
An example to clarify the policy: The US military is carrying out a clandestine mission to capture or kill an enemy commander. Before the mission happens, a forward observation post is compromised by a an attack and it is over run by the enemy. In that forward base were numerous NTN documents on the upcoming operation that were needed by the observation post to conduct support of the action. Without knowing if that information was compromised, does the mission move forward? Answer: No. Without information security, the mission is scrubbed.
The same holds true for other classified documents. Once documents are in the wild, you can't proceed as if they aren't because if you do the only people you are keeping in the dark are your own people.
I guess your point is we must assume that every document marked classified and held by Trump is "in the wild" because he deliberately released it or was compromised by the reckless way he stored them and so the IC must assume the bad guys have all the information. You're making the DoJ's point, which is nice.
Fair...ish point. But as per a previous argument, the DOJ is just behaving in the way they accused Trump of behaving.
And in fact that's nonsense. The DoJ accuses Trump of compromising national defense information, and obstructing the USG from determining what documents he recklessly stored, in part by lying through his teeth in response to a grand jury subpoena, asserting he'd returned all those documents marked classified and in fact retaining 100 of them that he did not disclose to the grand jury or the USG more broadly.
If they did their screening properly they have nothing to worry about in a third party audit. Their is no rush other than politically... which is to say there is no rush.
You're misrepresenting their position. DoJ's main problem involves the classified documents and what the judge, without any basis in the law, prohibited the executive branch from doing with those documents marked classified. What gives the SM, through the district court, the authority to make classification determinations? What gives the SM or the court or Trump the authority to dictate to the executive branch what the executive branch does with documents owned by the executive branch? That would include obviously the documents marked classified, but also Presidential Records.
Those are not just about time but establishing basic principles of the law, and if the judge just makes up the law, the obligation of the DoJ is to point that out, and appeal her made up law. Let the CA11 decide if these new legal principles apply
only to Trump/FPOTUS's or are the new rules in her circuit and the 11th circuit for
every defendant/suspect.
www.cnn.com
obamawhitehouse.archives.gov
