Posted on 09/09/2022 6:59:02 AM PDT by Red Badger
Sept. 8 (UPI) -- The Department of Justice said it it intends to appeal a Florida judge's order to appoint a special master to review materials seized by the FBI at former President Donald Trump's Florida home.
The DOJ asked U.S. District Judge Aileen Cannon of the Southern District of Florida to issue a partial stay of her ruling that prevents them from accessing the classified materials that were seized during the search of Trump's home.
"Those aspects of the order will cause the most immediate and serious harms to the government and the public," the DOJ said. "The classified records -- a discreet set of just over -- 100 documents have already been segregated from the other seized records and are being maintained separately."
If Judge Cannon does not issue a partial stay by Sept. 15, the DOJ said it plans to appeal her decision to the Eleventh Circuit Court of Appeals in Atlanta.
In January, the National Archives said that the agency recovered 184 classified documents from Mar-A-Lago. Trump then returned more documents to the FBI in May, but when he did not return all of them, the agency raided his Florida home in August.
On Friday, Cannon released a detailed list of what was seized from a storage room and in Trump's office. They include classified documents with unmarked government records, photographs and even articles of clothing co-mingled.
Forty-eight empty folders were marked "classified" and 42 other empty ones labeled to "return to staff secretary/military aide."
However, on Monday, Cannon, who was appointed by Trump after the 2020 elections, granted ex-president's request to appoint a special master to review all the materials that were seized.
Her ruling that Trump's claim that the documents were subject to executive privilege had merit, was highly criticized by legal experts.
"There's just never been a case where irreparable harm has been shown by being under criminal investigation," Jennifer Rodgers, a former federal prosecutor, told CNN.
"That's one of the key things that the Justice Department does, the executive branch does, is criminally investigate people. So, the notion that that can establish irreparable harm to me still says that this is a legally wrong decision."
In its filing Thursday, the DOJ said that Trump did not and could not assert any executive privilege over the documents.
"And although this court suggested that Plaintiff might be able to assert executive privilege as to some of the seized records, Supreme Court precedent makes clear that any possible assertion of privilege that Plaintiff might attempt to make over the classified records would be overcome by the government's "demonstrated, specific need" for that evidence," the DOJ said.
They said the same thing yesteday - are they going to do it or not?? Get moving or get out of the way!
They are stalling. They know they wont win this ultimately.
A little off topic but honestly I’m still trying to wrap my head around hard copy documents......who does that anymore?
I have never looked at this issue before, but my impression is that this is something where the judge has a good deal of discretion.
I thought the FBI stated they were through examining the documents.
The FBI leaks alone should bar them from access without a master.
The Biden illegal regime is made up of the bizarre, corrupt, ill-informed, anarchistic, unqualified freaks of the world. They are trying to use government policies to eliminate their election opponent, which seems to me to be as illegal and unconstitutional as can be. Their actions completely smack of Russia, North Korea, China, and any other draconian dictatorship. Is that their vision of America? Taken along with their obviously deliberate destruction of our food supply (anybody hear of so many fires of food production plants before??), energy supply, etc., this is all part of a pattern to destroy America and deliver it on a platter to our enemies who paid these faithless cretins to do so.
Human beings need to touch and see things in their own hands..............
Republican: “We just want to verify the integrity of the process.”
Democrat: “That’s a threat to our democracy.”
I’ve suspected from the beginning they’re gonna edict DJT come hell or high water whether they have probable cause or not.
And drag it out as long as humanly possible.
“Her ruling that Trump’s claim that the documents were subject to executive privilege had merit, was highly criticized by legal experts“
The bias in this story is blinding
The Nazi party sure does like to try cases leaked to the media these days but when you ask for transparency they are a triple locked super safe making excuses why they can’t be.
One day hundreds of books will be written about the rise and fall of the democrat party before it descended into pure Naziesque fascism and how it was started for the sole purpose of keeping slavery legal.
The sad thing is the Marxist teachers infesting American schools will refuse to teach the true version of democrat history but instead teach CRT/Equity racist nonsense. Short of putting cameras in every classroom anyone can watch and record then tossing the teachers in a sort of teacher prison when they continue to damage kids with their BS; I don’t see a solution. Maybe by then the Teacher’s Union and the Marxist teachers will have been purged from the system.
Bill Barr says it’s bad. Gotta go with that guy. He has nothing to hide. Right?
Its a bad look for them, which is good for America. Let them try and fight a process intended to provide objectivity, law and order.
LOOK !!
SQUIRREL !!
The DOJ has irreparably damaged the concepts of Executive privilege and Attorney client privilege. Executive privilege is designed so President can get unfiltered advice. If his successor of the other political party can waive it…what is the point? With Trump they have charges his lawyer (Cohen) who in violation of every legal ethic “cooperated” against his client and continues to bash him publicly. They raided Guilliani’s home and office, have raided journalists homes, tapped their phones and monitored their emails. So much for civil liberties.
The objective of Democrats is Socialism.
The objective of Socialism is Communism.
The objective of Communism is Totalitarianism.........................
“... The Party seeks power entirely for its own sake. We are not interested in the good of others; we are interested solely in power, pure power. What pure power means you will understand presently. We are different from the oligarchies of the past in that we know what we are doing. All the others, even those who resembled ourselves, were cowards and hypocrites. The German Nazis and the Russian Communists came very close to us in their methods, but they never had the courage to recognize their own motives. They pretended, perhaps they even believed, that they had seized power unwillingly and for a limited time, and that just around the corner there lay a paradise where human beings would be free and equal. We are not like that. We know that no one ever seizes power with the intention of relinquishing it. Power is not a means; it is an end. One does not establish a dictatorship in order to safeguard a revolution; one makes the revolution in order to establish the dictatorship. The object of persecution is persecution. The object of torture is torture. The object of power is power. Now you begin to understand me.”
― George Orwell, 1984
WHO are “they”? Who are these people? Why do they get to be anonymous while they go about attacking and destroying their fellow American citizens, even the President of the United States? How do they have this imperial power? Every government employee should be identified: what the do; what their paid, and who they are. Sunlight is the best disinfectant.
I do not understand the DOJ argument.
Of course, the argument will not matter once they get the case in front of a Democrat judge.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.