“The court’s order hamstrings that investigation and places the FBI and Department of Justice … under a Damoclean threat of contempt,” DOJ lawyers said in their 29-page filing, adding, “It also irreparably harms the government by enjoining critical steps of an ongoing criminal investigation and needlessly compelling disclosure of highly sensitive records, including to [Trump’s] counsel.”
The latest on Hurricane Ian, click on the NOAA link:
NATIONAL HURRICANE CENTER and CENTRAL PACIFIC HURRICANE CENTER
I will post updates in the comments as the day progresses.
Now the cartoons via Cagle:
My family is in the path of Hurricane Ian…my aunt and uncle are refusing to evacuate…the live in Citrus County. Fortunately, it looks like they may be in for some bad storms…for now.
As you can see, it is so frustrating sometimes.
From Mona Eltahawry: Dear White Women Cheering Irainian Women
Take it easy and be careful…this is an open thread.
Hillary Clinton dared to speak the truth about Trump in an interview yesterday. Mary Papenfuss wrote about it at HuffPo: Hillary Clinton Compares Trump To Hitler In Disturbing Interview.
She zeroed in on Trump’s rally last week in Youngstown, Ohio, where members of the crowd raised a stiff-armed, one-finger QAnon salute to the former president in a gesture chillingly reminiscent of the “heil Hitler” salute.
The QAnon gesture stands for WWG1WGA, or: “Where We Go One We Go All.”
“I remember as a young student, you know, trying to figure out how people get basically brought in by Hitler. How did that happen?” Clinton asked during an onstage interview at the Texas Tribune Festival in Austin.
“I’d watch newsreels and I’d see this guy standing up there ranting and raving, and people shouting and raising their arms. I thought, ‘What’s happened to these people?’” she added.
“You saw the rally in Ohio the other night,” Clinton noted. “Trump is there ranting and raving for more than an hour, and you have these rows of young men with their arms raised. What is going on?”
She added: “I think it is fair to say we’re in a struggle between democracy and autocracy.”
Trump had another rally in North Carolina yesterday. He did plenty of ranting and railing, but his security people stopped audience members who raised their arms in the “heil Hitler”-like gesture. Either Trump or his advisers must have been paying attention to the negative public reaction.
From Eric Garcia, reporter at The Independent, who attended the rally: QAnon, the Big Lie and misogyny: Inside Trump’s Wilmington rally. Trump was supposedly there to support Republican candidates; but, as usual, the rally was all about him and his many grievances.
Former president Donald Trump held a rally in Wilmington on Friday, his first since New York attorney general Letitia James announced her civil lawsuit against him, his three eldest children, his business associates, and the Trump organisation this week….
Indeed, before Mr Trump took the stage, the two monitors on the sides of the stage played a segment from Fox News’ host Jesse Watters comparing Mr Trump’s storage of documents with that of the previous four former presidents.
But the former president also used the rally to air his grievances against Ms James’s lawsuit against him, his family and his business organization, which she called “The Art of the Steal” at a Wednesday press conference.
“There’s no better example of the chilling obsession with targeting political opponents than the baseless, abusive and depraved lawsuit against me, my family, my company, by the racist attorney general of New York state,” he said, giving her the moniker “Letitia ‘Peekaboo’ James.” [….]
Mr Trump’s dislike of female public figures who challenge him – be they Hillary Clinton, Elizabeth Warren, Meryl Streep or Rosie O’Donnell – is well-known. But throughout his speech, he repeatedly ridiculed Ms James, a Black woman, in incredibly personal terms, saying that she is more focused on attacking him than focusing on violent crime.
“This raging maniac campaign for office ranting and raving about her goal – her only goal is, we got to get Donald Trump,” he said about Ms James. “In fact, I was watching it and I said ‘boy, that woman is angry, I don’t think she likes me too much.’”
Garcia on the QAnon salute:
During his rally in Ohio last week, Mr Trump and rally goers confused many when he played dramatic music while attendees pointed one finger in the air. Mr Trump repeated the practice this time, albeit it looked like fewer people raised their fingers in the air during the rally.
A few people who attended the rally had QAnon memorabilia, with some attendees wearing QAnon hats and one truck having an image of Mr Trump with John F Kennedy Jr and former president John F Kennedy, prominent figures in the QAnon conspiracy theories.
Gay Gaines said she approved of the use.
“I loved it, it was very emotional, very touching, very inspirational, very uplifting, and hopeful,” she said. “Good way to end it.”
Trump has been “retruthing” QAnon messages regularly on his imitation Twitter website, but yesterday he really outdid himself. Insider: Donald Trump shares Truth Social photo proclaiming him as second only to Jesus.
Former President Donald Trump shared a post on his Truth Social account on Friday, declaring him as “second” only to Jesus.
The post by Truth Social user @austinnegrete said: “Jesus is the Greatest. President @realDonaldTrump is the second greatest.”
It accompanied an image of a painting of Jesus by artist Dan Wilson.
Trump “ReTruthed,” or reposted, the Jesus comparison to his 4.1 million Truth Social followers.
Of course this is ridiculous, as is the QAnon craziness; but we know from past experience that Trump’s ranting and his sway over his audiences is dangers. Mark Follman writes at Mother Jones: Trump Continues to Escalate His Dangerous Incitement.
As the ex-president faces advancing federal and state investigations ranging from Mar-a-Lago to New York to Georgia, he has escalated an insidious form of political incitement, behavior that seems to signal a growing desperation over his legal predicaments. As I first reported beginning two years ago, Trump has long honed a rhetorical method that security experts call “stochastic terrorism”: By continually demonizing his “enemies,” he stirs random violence from extremist supporters as a means to exert and try to maintain political power.
Investigation of the January 6 insurrection showed the consequences of this technique on a mass scale—and further revealed Trump’s explicit willingness to resort to it after attempts to overturn the 2020 election via Congress and the courts had failed. According to sworn testimony from Cassidy Hutchinson, a former top aide in the White House, Trump knowingly urged armed supporters to descend on the Capitol that day and had wanted to lead them there. Ever since, Trump has successfully spread the use of incitement among GOP leaders, as I documented recently.
Repetition across various media is key to the technique and increases the likelihood of violence, according to recently published research from threat assessment experts. Trump has delivered on that in recent weeks: He has continued to target various agencies and individuals using his Truth Social platform, speeches at political rallies, and interviews on Fox News and other more fringe media outlets.
And he has used particularly grim rhetoric. At a Sept. 3 rally in Pennsylvania, Trump calledthe FBI and Justice Department “vicious monsters” and President Biden an “enemy of the state.” During an interview on a right-wing radio show on Sept. 15, he predicted there would be “big problems” in the country if he were to be charged by the Justice Department. “I don’t think the people of the United States would stand for it,” he told host Hugh Hewitt. On Truth Social, Trump promoted a QAnon meme featuring him as a heroic icon of the lunatic conspiracy-theory movement regarded by the FBI as a domestic terrorism threat. Soon thereafter, Trump gave an apocalyptic speech at an Ohio rally where he used music evoking a QAnon theme song, prompting fascistic salutes from the crowd.
Trump hammered home similar messages again on Wednesday in a lengthy sit-down at Mar-a-Lago with Fox News anchor Sean Hannity. Asked by Hannity to comment on a new lawsuit from New York Attorney General Letitia James over alleged financial fraud by Trump, the ex-president laid into the state’s top lawyer and her staff: “They were demeaning me constantly, these people,” he said. “There’s something wrong with them. I really believe they hate our country.”
His effort specifically to provoke feelings of contempt among his supporters is no accident and furthers the risk for violence.
Read the rest at the link.
On MSNBC this morning, former Trump fixer Michael Cohen had a few choice words for his former boss. Raw Story: Cornered Trump ‘doesn’t care if he burns the country down’: former adviser.
Speaking with host Ali Velshi, Cohen said the former president has big legal troubles coming at him from different directions and painting him into a corner.
He then predicted the former president won’t go down quietly.
“What stands out to you, what’s the thing you’re most thinking about right now?” host Velshi asked.
“There are so many investigations and you wouldn’t believe — if this was a television show you would turn around and say, ‘it’s too stupid! I can’t watch this, it’s stupid, it can never happen,'” Cohen exclaimed. “But it is happening in real-time in our lives.”
“Our democracy is in peril because of one man; one man who goes ahead and weaponizes the United States Department of Justice against his critics, against the country against anybody who was not one of his supporters, he is willing to go after.”
“He doesn’t care if he burns the country down in doing it,” Cohen
Enough about Trump. Let’s turn to the Trump wannabe in Florida who is also a danger to democracy could end up running for president in 2024–Ron DeSantis. Could he be facing a serious backlash from Florida voters?
Greg Sargent at The Washington Post: Ugly new details about Ron DeSantis’s stunt point to a deeper scam.
Who paid for the migrants to be transported from Texas to Florida?
That question emerges from new revelations about Gov. Ron DeSantis’s vile stunt, in which he transported two planeloads of migrants from Texas to Florida and on to Martha’s Vineyard in Massachusetts.
The Florida Republican refuses to release the state contract that funded the flights. That suggests DeSantis is seeking to bury critical facts even as reporters fill in details about the flights — and their questionable legality.
This potentially points to a deeper scam. DeSantis — whose presidential ambitions emit a stench akin to Limburger rotting in an old sock — is gushing with own-the-libs bluster, vowing to keep shoving migrants in the faces of elite liberals everywhere. But the ones truly getting “owned” by this farce are right-wing voters and Florida taxpayers. The more information that comes out, the clearer this will become.
In a useful piece NBC News’s Marc Caputo reports that the outfit contracted to ship migrants — Vertol Systems Company Inc. — has contributed tens of thousands of dollars to super PACs backing Florida GOP candidates. One funded Matt Gaetz, a right-wing media troll who moonlights as a congressman.
That company has been paid $1.6 million so far, per NBC, and the contract totals $12 million, supposedly to cover future shipments of migrants to other states. NBC also reports:
“But the state budget authorizing the program specifies that “unauthorized aliens” are supposed to be flown from “this state” of Florida — not any other state — and Republicans who crafted the program this year said publicly that Venezuelans seeking asylum are not considered “unauthorized aliens” because they’re allowed to be in this country.”
So a big question is whether state funding of the transport of migrants from Texas to Florida violated that budgetary language. On this basis, a Democratic state senator filed a lawsuit Thursday to block further funding for the flights.
Read more at the WaPo.
Could DeSantis be facing serious backlash over his treatment of asylum-seekers? Check this out:
Florida Gov. Ron DeSantis (R) is facing mounting scrutiny in his home state over his controversial decision last week to fly dozens of mostly Venezuelan migrants to the elite resort island of Martha’s Vineyard, Mass.
While the move was lauded by conservatives as a powerful protest of the Biden administration’s approach to border security, it has sparked a wave of criticism from Democrats and members of Florida’s vast Hispanic community, a politically influential force in the Sunshine State.
“With this move, this stunt, obviously he made his base very happy,” said Adelys Ferro, the executive director of the Venezuelan American Caucus. “But there are many people more toward the middle and people who are independents that are very disgusted and that reject all of this.”
“We are Venezuelan Americans and we vote, and we’re going to vote in November,” she added. “And we’re never going to vote for somebody who does this.
DeSantis has been busy attacking teachers and mistreating immigrants, but will he be ready to deal with an approaching hurricane? CBS News: Tropical Storm Ian strengthens over Caribbean and could approach Florida as major hurricane.
Tropical Storm Ian strengthened as it moved over the Caribbean Saturday and could approach Florida early next week as a major hurricane, according to forecasters. Florida Gov. Ron DeSantis has declared a state of emergency.
The National Hurricane Center (NHC) said early Saturday that Tropical Storm Ian was 270 miles south-southeast of Kingston, Jamaica, moving west at 15 mph. It had maximum sustained winds of 45 mph.
“Early next week, Ian is forecast to move near or over western Cuba as a strengthening hurricane and then approach the Florida peninsula at or near major hurricane strength, with the potential for significant impacts from storm surge, hurricane-force winds, and heavy rainfall,” the National Hurricane Center said.
On Friday, DeSantis signed an executive order issuing a state of emergency for 24 Florida counties which could be in the storm’s path. The order also places the Florida National Guard on standby. DeSantis also put in a request for a federal “pre-landfall emergency declaration.”
Finally, what’ happening with Trump’s idol and mentor Vladimir Putin?
The Washington Post: As Russian Losses Mount in Ukraine, Putin Gets More Involved in War Strategy.
President Vladimir V. Putin of Russia has thrust himself more directly into strategic planning for the war in Ukraine in recent weeks, American officials said, including rejecting requests from his commanders on the ground that they be allowed to retreat from the vital southern city of Kherson.
A withdrawal from Kherson would allow the Russian military to pull back across the Dnipro River in an orderly way, preserving its equipment and saving the lives of soldiers.
But such a retreat would be another humiliating public acknowledgment of Mr. Putin’s failure in the war, and would hand a second major victory to Ukraine in one month. Kherson was the first major city to fall to the Russians in the initial invasion, and remains the only regional capital under Moscow’s control. Retaking it would be a major accomplishment for President Volodymyr Zelensky of Ukraine.
Focused on victory at all costs, Mr. Putin has become a more public face of the war as the Russian military appears increasingly in turmoil, forcing him to announce a call-up this week that could sweep 300,000 Russian civilians into military service. This month, Moscow has demonstrated it has too few troops to continue its offensive, suffers from shortages of high-tech precision weaponry and has been unable to gain dominance of Ukraine’s skies.
Read more at the WaPo.
The New York Times: Putin’s Draft Draws Resistance in Russia’s Far-Flung Regions.
President Vladimir V. Putin’s surprise draft to reinforce his invasion of Ukraine ran into growing resistance across Russia on Friday as villagers, activists and even some elected officials asked why the conscription drive appeared to be hitting minority groups and rural areas harder than the big cities.
Some of the greatest anguish played out hundreds or thousands of miles away from the front line, in the Caucasus Mountains and the northeastern region of Yakutia, a sparsely populated expanse that straddles the Arctic Circle. Community leaders described remote villages where much of the working-age male population received conscription notices in recent days, leaving families that subsist off the land without men around to work ahead of the long winter.
“We have reindeer herders, hunters, fishermen — we have so few of them anyway,” Vyacheslav Shadrin, the chairman of the council of elders for a small Indigenous group known as the Yukaghirs, said in a phone interview. “But they are the ones being drafted most of all.”
Mr. Putin announced the call-up on Wednesday, describing it as a “partial mobilization” necessary to counter Ukraine and its Western backers, who he said were seeking Russia’s destruction. It was a move he had long delayed making, even as supporters of the war clamored for a draft in order to allow Russia to intensify its assault.
Russia will mobilize about 300,000 civilians, defense officials said, focusing on men with military experience and special skills, though some Russian media that now operate outside the country reported that the number could be much higher.
But by Friday, even some of the hawkish commentators who had been urging a draft were criticizing the sweeping and uneven way it appeared to be rolling out.
Read the rest at the NYT.
That’s it for me today. What’s on your mind? What stories have you been following?
Whew! Yesterday was quite a day! It began with New York Attorney General Tish James announcing a 250 million lawsuit against Trump, three of his children, the Trump Organization and two of its top employees; it ended with the 11th Circuit appeals court thoroughly rebuking Judge Loose Cannon and restoring the DOJ’s access to the classified documents needed for their criminal investigation of Trump and for the intelligence assessment of the damage caused by Trump’s thievery. Meanwhile Trump went on Fox News and incriminated himself in an insane interview with Sean Hannity. Here’s a sample from that hour-long clusterfuck:
Since I’m not a lawyer, it’s difficult for me to write about all this legal stuff, but I’ll do my best to post stories that explain what all this means.
First up, this piece by University of Texas law professor Steve Vladeck at CNN: Opinion: How Trump’s terrible day went from bad to worse.
For most people, having the Attorney General of the nation’s fourth most populous state file a sweeping new lawsuit accusing you and your family of “staggering” fraud would be a terribly ominous development.
For former President Donald Trump, it wasn’t even the worst legal news he received on Wednesday. That came later in the evening, when a unanimous three-judge panel of the Atlanta-based US Court of Appeals for the Eleventh Circuit lifted a district court ruling that had partially blocked the Justice Department’s ongoing criminal investigation into whether Trump unlawfully retained at Mar-a-Lago (and refused to return) a large tranche of government documents.
The immediate effect of the panel ruling is to clear the way for the Justice Department to continue its work. But the broader significance of Wednesday night’s ruling — significance that, at least for now, clearly transcends the possibility of what might come of the civil suit filed by New York Attorney General Letitia James — is the fact that a panel that included two Trump appointees poured very cold water on the only arguments he had left to defend against the Mar-a-Lago search.
The issue before the Eleventh Circuit was whether to freeze part of the injunction that US District Court Judge Aileen Cannon had entered on September 5 — an injunction that purported to block the Justice Department from using most of the materials it recovered from its August 8 search of Mar-a-Lago until and unless they could be reviewed by a court-appointed special master. (The special master, Judge Raymond Dearie, expressed a fair amount of skepticism toward Trump’s claims at his first hearing on Tuesday).
What the three-judge panel–including two judges appointed by Trump–said:
Across 29 pages, the three-judge Eleventh Circuit panel made quick work of Cannon’s ruling — holding that the Justice Department was almost certain to succeed in having that ruling thrown out, and so should have the ruling frozen, at least as it applied to classified materials, while the appeals process runs its course.
Among other things, the panel, which included Judges Robin Rosenbaum (appointed by President Barack Obama) and Judges Britt Grant and Andrew Brasher (appointed by Trump), highlighted the absence of any evidence that Trump had declassified any of the classified information discovered at Mar-a-Lago, and also the extent to which that entire issue is a “red herring” for the broader debate over whether those documents belong to Trump or the government….
But it was in a more subtle section of the opinion that the panel handed Trump his most significant defeat. Across two pages and a footnote that non-legal-readers could be forgiven for skipping past, the three judges rejected, in unequivocal terms, claims made by Trump and his supporters (including the State of Texas, which had filed a highly unusual friend-of-the-court brief on behalf of 10 other red states) that the investigation into the former President and search of Mar-a-Lago were all just bad faith harassment from the Biden administration….
In other words, the three-judge panel on one of the more conservative federal appeals courts in the country looked at the Mar-a-Lago search and the broader criminal and national security investigation into the former President of the United States and could not “see any evidence in the record” to support the claim that the Biden administration was using its law enforcement authorities to harass Trump — as opposed to conducting a genuine, above-the-board investigation into serious potential violations of federal criminal statutes.
You might also check out this straight news piece by Charlie Savage, et al. at The New York Times:
In a strongly worded 29-page decision, the United States Court of Appeals for the 11th Circuit set aside key parts of an order by a Florida federal judge that has kept the department from using about 100 files with classification markings in its inquiry into whether Mr. Trump illegally retained national defense documents and obstructed repeated efforts to recover them.
The appeals court also agreed with the Justice Department that Mr. Trump’s lawyers — and an independent arbiter recently appointed to review the seized materials — need not look at the classified documents that the F.B.I. carted away from Mr. Trump’s estate, Mar-a-Lago, on Aug. 8.
The Justice Department “argues that the district court likely erred in exercising its jurisdiction to enjoin the United States’ use of the classified records in its criminal investigation and to require the United States to submit the marked classified documents to a special master for review,” a three-judge panel of the appeals court wrote. “We agree.”
The decision by the Atlanta-based court was a repudiation of the decision by Judge Aileen M. Cannon, whom Mr. Trump appointed to the Federal District Court for the Southern District of Florida, to broadly intervene in the Justice Department’s investigation. The appellate ruling will permit the arbiter, known as a special master, to review most of the more than 11,000 files seized from Mar-a-Lago, but allow prosecutors unfettered access to the smaller batch of classified records.
Charlie Savage also reposted on Twitter an earlier article on how the declassification process works.
This piece at Just Security is a good explainer on the New York Attorney General’s lawsuit against the Trump family and businesses: Has a Trump Tipping Point Been Reached? Analyzing The NY Attorney General’s Case Against Trump.
In the last month, the array of investigations involving Donald J. Trump and many of Trump’s associates and family members has reached an intense pitch. Today another bombshell detonated—one that may prove to be the most devastating.
New York Attorney General Letitia James has announced the filing of a monumental civil enforcement action against Trump, Donald Trump Jr., Eric Trump, Ivanka Trump, the Trump Organization and many other Trump affiliates.
The sanctions sought by the New York Office of the Attorney General (the “OAG”) are sweeping and potentially devastating: disgorgement of $250 million in profits; the cancellation of business certificates for Trump’s corporate entities; appointment of an independent monitor at the Trump Organization; a 5-year ban on Trump and the Trump Organization entering into any New York commercial real estate transactions or from applying for any loans from any New York entity; permanently banning Trump and his adult children from serving as an officer or director of a New York corporation. In addition to the potential civil penalties associated with today’s complaint, AG James also announced criminal referrals to the Southern District of New York and to the IRS. Penalties resulting from those referrals could result in substantial fines, and potentially even imprisonment.
With today’s filing of this enforcement action, it is important to consider the factual and legal bases for the claims, and how it could serve as a tipping point in cases against Trump, especially in light of the many other existing federal and state investigations.
Read the rest at Just Security. Here’s John Buss’s commentary:
What about the January 6 Committee? What are they up to? Yes, more bad news for Trump–and Mark Meadows too.
From the article:
The House select committee investigating January 6, 2021, has come to an agreement with Ginni Thomas, the conservative activist and wife of Supreme Court Justice Clarence Thomas, to be interviewed by the panel in the coming weeks, according to a source close to the committee.
Ginni Thomas’ attorney, Mark Paoletta, confirmed the voluntary interview in a statement, saying, “As she has said from the outset, Mrs. Thomas is eager to answer the Committee’s questions to clear up any misconceptions about her work relating to the 2020 election. She looks forward to that opportunity.”
Members of the panel have long said they are interested in speaking with Thomas, particularly after CNN first reported text messages she exchanged with then-Trump White House chief of staff Mark Meadows prior to January 6 about overturning the election.
But in the months since those messages emerged, there has been little indication that compelling her to testify was a top priority for the panel despite subsequent evidence that Thomas also encouraged state lawmakers in Arizona and Wisconsin to overturn Joe Biden’s legitimate electoral win.
Thomas attended the rally that preceded the attack on the US Capitol, as she said in an interview with the Washington Free Beacon, where she stressed that her and her husband’s professional lives are kept separate. She also said that she had left the gathering before the protesters turned violent.
She has also been publicly critical of the House January 6 investigation, calling on House GOP leaders to boot from their conference the two Republicans serving on the select committee.
It’s not yet clear what changed for Thomas and her attorney to now agree to this interview. The 64 thousand dollar question is how will this affect her husband Clarence? Will John Roberts finally decide to deal with him? Probably not, but you never can tell.
More news, links only:
Analysis by Stephen Collinson at CNN: Biden’s new mission: Heading off any possibility of a nuclear crisis with Russia.
The Washington Post: Over 1,300 arrests reported as Russians protest military mobilization.
Analysis by Brad Lendon at CNN: Putin can call up all the troops he wants, but Russia can’t train or support them.
The New York Times: Trump Support Remains Unmoved by Investigations, Poll Finds.
Ashton Pittman at the Mississippi Free Press on the Brett Favre scandal: Ex-Mississippi Welfare Leader Pleads Guilty To Federal, State Crimes In Exchange For Cooperation.
Have a tremendous Thursday, Sky Dancers!!
Ugh…I’m getting sick and tired of the same shit, tRump…blah, blah, blah…and another day passes. Yet, the orange turd still remains free.
Read more of this thread at the link…
Have a good day and be careful…this is an open thread.
Late last night the Department of Justice appealed Judge Loose Cannon’s ruling in the battle over the classified documents that Trump stole on his way out of the White House.
Ryan J. Reilly at NBC News: Justice Department asks appeals court to block Trump judge’s Mar-a-Lago ruling.
The Department of Justice is asking a federal appeals court to temporarily block a Trump-appointed judge’s ruling that prevents it from accessing hundreds of pages of classified records seized amid the thousands of pages of government documents taken from the former president’s Mar-a-Lago home.
“The district court has entered an unprecedented order enjoining the Executive Branch’s use of its own highly classified records in a criminal investigation with direct implications for national security,” the Justice Department wrote in its motion Friday.
The Justice Department hadpreviously argued that any delay in its investigation into Donald Trump’s handling and retention of government records, including classified records, could result in “irreparable harm” to the government and the public….
The Justice Department on Friday argued that any considerations of claims for return of property or attorney-client and executive privilege were “categorically inapplicable to the records bearing classification markings.”
“Plaintiff has no claim for the return of those records, which belong to the government and were seized in a court-authorized search,” the Justice Department wrote.
Although Trump previously suggested he had declassified or designated documents seized from his home as “personal,” the Justice Department said he “has never represented that he in fact took either of those steps — much less supported such a representation with competent evidence. The court erred in granting extraordinary relief based on unsubstantiated possibilities.”
The Justice Department also argued that its request for a limited stay wouldn’t disrupt the special master’s review of other materials and “irreparably harms the government by enjoining critical steps of an ongoing criminal investigation and needlessly compelling disclosure of highly sensitive records, including to Plaintiff’s counsel.”
More from Josh Gerstein and Kyle Cheney at Politico: Justice Dept. asks appeals court to restore access to Trump raid documents.
In a filing with the 11th Circuit Court of Appeals in Atlanta Friday night, prosecutors said the government is facing irreparable harm as a result of U.S. District Court Judge Aileen Cannon’s ruling putting the potentially classified records off-limits to the investigative team until an outside expert conducts a review of them and considers Trump’s objections to their seizure.
The Justice Department’s widely expected escalation of the legal fight came one day after the Trump-appointed judge rebuffed prosecutors’ request for a stay that would essentially carve out the national security-related records — some bearing markings such as “Top Secret/SCI” — from the outside oversight Trump’s legal team requested.
The filing was an unsparing rejection of Cannon’s handling of the entire matter, saying it has jeopardized national security, is based on flimsy or baseless interpretations of executive privilege and could enable further obstruction of efforts to recover additional missing documents.
“The government’s need to proceed apace is heightened where, as here, it has reason to believe that obstructive acts may impede its investigation,” prosecutors wrote….
The inability of federal prosecutors to advance their criminal probe has complicated separate efforts by the intelligence community to assess the harm that may have been caused by their improper storage in Trump’s unsecured storage room, prosecutors say, contending that the criminal investigation is inextricably tied to the national security review.
And prosecutors suggested that the restrictions on the FBI’s criminal work would prevent investigators from determining what may have once resided in dozens of empty folders, also bearing classification marks, found among Trump’s belongings.
“The injunction also appears to bar the FBI and DOJ from further reviewing the records to discern any patterns in the types of records that were retained, which could lead to identification of other records still missing,” prosecutors indicated in the filing.
This is from a column by Harry Litman at The Los Angeles Times: The Mar-a-Lago judge’s latest opinion is as atrocious as legal experts say it is.
The opinion’s essential flaws go well beyond straining the law and stretching facts in favor of Donald Trump. The ruling rests on the most basic dereliction of judicial responsibility, and it represents a complete departure from the bedrock principle of separation of powers.
Cannon was actually handed a graceful way back from her also broadly pilloried opinion last week, in which she had determined that a special master was required to review the government documents seized at Mar-a-Lago.
The Justice Department asked for a modest stay extending to only 100 pages of classified material found at the beach resort. It is beyond controversy that such documents are off-limits to a private citizen like the former president.
Trump’s lawyers did not try to contest that principle. Rather they argued, bizarrely, that just because the government said the documents were classified, it wasn’t necessarily so.
That, of course, is spectacular gibberish. The very meaning of classified documents is that the executive branch has made a determination about their content and marked them classified.
But Cannon adopted Trump’s Alice-in-Wonderland approach. She concluded that it would not be “appropriate” — the closest thing to legal reasoning in her opinion — “to accept the government’s conclusion on these important and disputed issues without further review by a neutral third-party,” that is, a special master.
Cannon, in essence, is redefining the classification process to be simply a provisional executive branch judgment subject to overruling by individual judges such as herself. Apart from its legal bankruptcy, such a process would wreak bedlam in matters of national intelligence, which turn on the very designations that Cannon set aside.
More crazy from Judge Loose Cannon:
The Trump team’s next gambit, which the judge also adopted, was even more logically and legally threadbare. The former president has argued repeatedly in public that he declassified the documents. But his attorneys have studiously avoided saying that in court papers, where lies are subject to professional and criminal penalties. The Trump filings indicate only that he perhaps had declassified the documents.
The appropriate response for a judge in these circumstances is to put Trump on the stand and ask him, “Did you or didn’t you?” Failing that, “perhaps” means the matter is not established and the argument loses.
But Cannon either does not know or does not care what judges do in such a situation. It is important to emphasize that she isn’t simply leaning in Trump’s direction, she’s falling all over him.
Judges sit to resolve disputes, on the basis of evidence. Trump’s team offered none for his positions, relying instead on only the most speculative arguments. It is elementary to the adversary system of justice that evidence and the law, not speculation, determine outcomes. Nothing in the Trump team’s filings justifies freezing a criminal justice investigation and national intelligence review in their tracks.
The DOJ has appealed and now we’ll have to wait and see what the 11th Circuit judges have to say.
There were a couple of new revelations yesterday about people close to Trump and the stolen government documents.
The Washington Post: Trump team claimed boxes at Mar-a-Lago were only news clippings.