Posted on 09/21/2022 7:44:46 AM PDT by Macho MAGA Man
Judge Raymond Dearie, the “special master” appointed to review the ‘classified’ documents seized from Mar-a-Lago blasted Trump’s lawyers at Tuesday’s preliminary conference.
Judge Dearie was one of the FISA judges who signed the warrant to spy on Carter Page without cause. ...... Snip......
On Tuesday Judge Dearie repeatedly asked Trump’s lawyers to prove the former president declassified the documents stored at Mar-a-Lago, “You can’t have your cake and eat it,” the judge said according to Politico.
In a new filing Trump’s lawyers argued that the DOJ has never actually proven the documents it claims are classified are actually classified.
“The District Court denied the Government’s stay request, noting it was not inclined to hastily adopt the Government’s contention that the approximately 100 purportedly “classified” documents were, in fact, classified, and that President Trump could not possibly have a possessory interest in any of them.” Trump’s lawyers wrote in the 40-page filing
Politico reported:
The senior federal judge tasked with reviewing the materials seized by the FBI from Donald Trump’s Mar-a-Lago estate sharply questioned the former president’s attorneys Tuesday during their first hearing before his courtroom.
Judge Raymond Dearie pushed Trump’s lawyers repeatedly for refusing to back up the former president’s claim that he declassified the highly sensitive national security-related records discovered in his residence.
“You can’t have your cake and eat it,” said Dearie, the “special master” picked by U.S. District Court Judge Aileen Cannon to vet Trump’s effort to reclaim the materials taken by federal investigators.
(Excerpt) Read more at thegatewaypundit.com ...
Trump’s lawyers should very publicly call him out, make him answer questions about his role in the FISA fiasco.
Drag him through the mud and make him recuse himself.
he is obviously NOT un-biased.
No...I think he just wants to open some doors....and make the DOJ show their hand. I do not think he is a Mueller with a pre-conceived outcome.
didn’t trump’s team pick this guy?
unless this is 5D chess trap or something?
i just want my pound of flesh from these guys.
Seriously?
How many times has Trump tried to commit political suicide by appointing a Deep State anti-MAGA to a powerful position?
Incomprehensible.
I don’t understand the move if Trump had a standing order or had unreviewable authority to deem it so declassified in any manner.
Book it now. It happens EVERY time. Every IG, IC, FISA, US Attorney, every “unbiased” eye turns out to be a DS hack. It’s an easy problem to solve. Never, ever pick them if they’ve spent time in DC.
This makes no sense. The FBI cleared the home of all observers, forcing Trump’s attorney to stand at end of driveway, allowing unfettered access by the FBI and ‘friends’. They cannot prove they did not plant any ‘evidence’ during the search.
By order of his most exalted excellency Barack Obama:
“Sec. 1.7. Classification Prohibitions and Limitations.
(a) In no case shall information be classified,
continue to be maintained as classified,
or fail to be declassified in order to:
(1) conceal violations of law, inefficiency, or administrative error;
(2) prevent embarrassment to a person, organization, or agency;
(3) restrain competition; or
(4) prevent or delay the release of information that does not require protection in the interest of the national security.”
“Part 3 - Declassification and Downgrading
Sec. 3.1. Authority for Declassification.
(a) Information shall be declassified as soon as it no longer meets the standards for classification under this order.
(b) Information shall be declassified or downgraded by:
(1) the official who authorized the original classification, if that official is still serving in the same position and has original classification authority;
(2) the originator’s current successor in function, if that individual has original classification authority;
(3) a supervisory official of either the originator or his or her successor in function, if the supervisory official has original classification authority;”
“Sec. 3.2. Transferred Records.
(a) In the case of classified records transferred in conjunction with a transfer of functions, and not merely for storage purposes, the receiving agency shall be deemed to be the originating agency for purposes of this order.”
“Part 4 - Safeguarding
Sec. 4.1. General Restrictions on Access.
(a) A person may have access to classified information provided that:
(1) a favorable determination of eligibility for access has been made by an agency head or the agency head’s designee;
(2) the person has signed an approved nondisclosure agreement; and
(3) the person has a need to know the information
....
(d) Classified information may not be removed from official premises without proper authorization.
(e) Persons authorized to disseminate classified information outside the executive branch shall ensure the protection of the information in a manner equivalent to that provided within the executive branch.”
“Sec. 4.2 Distribution Controls.
(a) The head of each agency shall establish procedures in accordance with applicable law and consistent with directives issued pursuant to this order to ensure that classified information is accessible to the maximum extent possible by individuals who meet the criteria set forth in section 4.1(a) of this order.”
https://www.archives.gov/isoo/policy-documents/cnsi-eo.html
By order of the now honored George W. Bush, Jr.:
“PART 3—DECLASSIFICATION AND DOWNGRADING
Sec. 3.1. Authority for Declassification.
(a) Information shall be declassified as soon as it no longer meets the standards for classification under this order.
(b) It is presumed that information that continues to meet the classification requirements under this order requires continued protection. In some exceptional cases, however, the need to protect such information may be outweighed by the public interest in disclosure of the information, and in these cases the information should be declassified. When such questions arise, they shall be referred to the agency head or the senior agency official. That official will determine, as an exercise of discretion, whether the public interest in disclosure outweighs the damage to the national security that might reasonably be expected from disclosure. This provision does not:
(1) amplify or modify the substantive criteria or procedures for classification; or
(2) create any substantive or procedural rights subject to judicial review.”
“(d) The originating agency shall take all reasonable steps to declassify classified information contained in records determined to have permanent historical value before they are accessioned into the National Archives.”
https://sgp.fas.org/bush/eoamend.html
https://www.globalsecurity.org/org/news/2017/170516-president-declassification.htm
Precedent was clearly set back in 2017.
He was Trump’s suggestion for special master.
The judge was part of the coup.
Judge Raymond Dearie pushed Trump’s lawyers repeatedly for refusing to back up the former president’s claim that he declassified the highly sensitive national security-related records discovered in his residence.
+++++
The judge wants a paper trail of the declassification of the documents in question. The “wave the hand” declassification may well be legal but it is not advisable. If Trump has no paperwork trail then he will have to convince this judge and perhaps others using witnesses to his declassification order.
He could have avoided this by simply starting the declassification process sooner thus building the paper trail or, at the minimum, built a SCIF to hold his Top Secret/SCI documents.
“Judge Dearie was one of the FISA judges who signed the warrant to spy on Carter Page without cause.”
I thought judge Camerela (sp) singed all of the FISA warrants.
Whoa...
5.56mm
So Trump has to prove he is innocent and the Government just has to bring the charge? Wow, new standard, innocent beyond a reasonable doubt.
Another bad move by Trump’s lawyers. Dearie has a long history of being a lib, RINO. Nothing favorable to Trump in the future.
Signed
Sheesh.
5.56mm
All Trump has to do is say something is no long classified and its unclassified.
There is no ceremony where The President waves his hand over a document and says “I unclassify thee”
Unless HilLIARy did that when she had 30,000 classified documents on her private email server in her bathroom.
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