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Thought I do a search of this 152 page Appeal of Judge Cannon’s decision to run interference for Trump’s no-clue defense team. It’s kind of like she joined Team Trump, hoping no one would notice.
Oops. Garland just appealed the baseless ruling. PS. he noticed.
By searching the phrases where “no” was used by the DOJ in the Appeal, to legally discount the nonsense, that the Trump slow-walk team is shoveling — sure did lead to some interesting cut-to-chase retorts, rebuttals, rejoinders, and refutations:
[ No way phrasing shown in bold. Negative are-you-kidding-me statements shown in italics.]
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Donald J. Trump v. United States of America, No. 22-13005
[pg 2]
Plaintiff has no claim for the return of those records, which belong to the government and were seized in a court-authorized search. The records are not subject to any possible claim of personal attorney-client privilege. And neither Plaintiff nor the court has cited any authority suggesting that a former President could successfully invoke executive privilege to prevent the Executive Branch from reviewing its own records.
[pg 9-10]
The district court erred in exercising jurisdiction as to the records bearing classification markings. Even if the exercise of jurisdiction were proper, there would be no basis for preventing the government from using its own records. And the court’s suggestion that there are “factual and legal disputes” about the records bearing classification markings, A7, is incorrect and not relevant in any event.
[pg 13]
Accordingly, even if an assertion of privilege might justify withholding the records at issue from Congress or the public, there would be no basis for withholding them from the Executive Branch itself.
[pg 3]
Third, the limited stay sought here would impose no cognizable harm on Plaintiff. It would not disturb the special master’s review of other materials, including records potentially subject to attorney-client privilege. Nor would a stay infringe any interest in confidentiality:
[pg 21-22]
Plaintiff has identified no cognizable harm from merely allowing criminal investigators to continue to review and use this same subset of the seized records.
Plaintiff’s only possible “injury” is the government’s investigation, but that injury is not legally cognizable. “[T]he cost, anxiety, and inconvenience of having to defend against” potential criminal prosecution cannot “by themselves be considered ‘irreparable’ in the special legal sense of that term.” Younger v. Harris, 401 U.S. 37, 46 (1971).
[pg 15]
C. No factual or legal disputes justify the district court’s order as to the records bearing classification markings.
The district court did not identify any basis on which Plaintiff might successfully assert executive privilege—or any other legal ground—to prevent the government from reviewing the records bearing classification markings. Instead, it stated that the special-master process is needed to resolve “disputes as to the proper designation of the seized materials.” A7-A8. That is doubly mistaken.
[pg 10]
Plaintiff lacks standing at least as to the discrete set of records with classification markings because those records are government property, over which the Executive Branch has exclusive control and in which Plaintiff has no property interest. See 44 U.S.C. § 2202; Exec. Order 13,526, § 1.1(2); see also Dep’t of Navy v. Egan, 484 U.S. 518, 527 (1988).
[pg 21]
Plaintiff has no property or other legal interest in those records. None of the potential harms to Plaintiff identified by the district court, cf. A34, are applicable to those records.
[pg 11]
Plaintiff has no right to the “return” of records with classification markings, which are not his property.
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Those are significant legal retorts. Assuming such things still matter.
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No way the Insurrectionist-in-waiting gets away with it, his Obstruction, this time.
Stealing classified documents and lying about it for over a year, is Felony serious. No kidding.
Hundreds of others have done so, either inadvertently or by design, and they have paid for it, big time. Just because the biggest liar threatens ‘big trouble’ — doesn’t mean it’s a done deal.
Unruly mobs prefer heroes — who are not captured, by the long arm of the Law.
Sorry Donald, no way they risk it all — AGAIN — for a lousy Traitor to National Security.
Even they are not that clueless. Not enough of them anyways.
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Indict them all. Like yesterday.
Like anyone else who steals and then hides National Security documents. Hey, hey, Good-bye!
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