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Appeals court rules DOJ can regain access to sensitive documents seized in Trump search
CBS News ^ | September 21, 2022 | Melissa Quinn

Posted on 09/21/2022 9:31:12 PM PDT by fluorescence

A federal appeals court on Wednesday granted a request from the Justice Department to allow its investigators to regain access to the roughly 100 documents bearing classification markings that were seized by the FBI during its search at former President Donald Trump's Florida residence.

A three-judge panel of the U.S. Court of Appeals for the 11th Circuit agreed to put on hold a lower court's order that kept the subset of sensitive records off-limits for the Justice Department to use for investigative purposes, pending the review of the materials by an independent arbiter known as a special master.

In its 29-page opinion, the panel said it agreed with the Justice Department that the federal district court in South Florida likely erred in blocking investigators' use of the classified records and then requiring them to submit the sensitive documents to the outside arbiter for review.

"For our part, we cannot discern why[Trump] would have an individual interest in or need for any of the one-hundred documents with classification markings," Judges Robin Rosenbaum, Britt Grant and Andrew Brasher said. "Classified documents are marked to show they are classified, for instance, with their classification level."

The former president, the judges continued, "has not even attempted to show that he has a need to know the information contained in the classified documents." The judges also said there is no evidence in the record before them that the roughly 100 documents at issue were declassified.

"In any event, at least for these purposes, the declassification argument is a red herring because declassifying an official document would not change its content or render it personal," the three-judge panel wrote. "So even if we assumed that [Trump] did declassify some or all of the documents, that would not explain why he has a personal interest in them."

(Excerpt) Read more at cbsnews.com ...


TOPICS: News/Current Events; Politics/Elections
KEYWORDS: andrewbrasher; brittgrant; robinrosenbaum
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To: Coronal

I think it means that there will be no Special Master and the FBI/DOJ can have all the docs and that the injunction against using any said docs can be used against Trump to indict him on any crime they may wish. This is bad. Horrible ruling.


21 posted on 09/22/2022 5:03:23 AM PDT by vivenne
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To: zeestephen

They are not going to discuss these documents when there is current litigation, or ever.


22 posted on 09/22/2022 5:04:38 AM PDT by vivenne
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To: Maris Crane

Yes, I believe he can. Not sure if he has to or if it is optional. Then he can appeal to the USSC, another crapshoot.


23 posted on 09/22/2022 5:07:01 AM PDT by vivenne
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To: gswilder

“It seems pretty clear according the constitution, the laws, supreme court rulings, precedent, etc, that the president is the ultimate decider of what is classified and declassified. The courts have ruled, there is no formal process. “

Indeed. Idiot liberals have been ignorantly telling me, among others, that Trump did not go through the “formal process” in declassifying documents. What this “formal process” is supposed to entail, they never say. I keep on correcting them there is no such process. But it’s like talking to a brick wall, as per usual.


24 posted on 09/22/2022 5:42:18 AM PDT by lowbridge ("Let’s check with Senator Schumer before we run it" - NY Times)
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To: fluorescence

CBS sure does love to report on this story whenever things aren’t going Trump’s way. And they sure are silent when it does go Trump’s way.


25 posted on 09/22/2022 5:44:08 AM PDT by lowbridge ("Let’s check with Senator Schumer before we run it" - NY Times)
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To: zeestephen
My impression continues to be that all the Mar-a-Lago classified documents relate to the Russia Hoax. It is also my understanding that Trump, during his last week in office, de-classified numerous Russia Hoax records, and ordered the DOJ, by written directive, to publicly release them. Unfortunately, I never hear Trump or his lawyers even mention the Russia Hoax connection when the Mar-a-Lago Raid is being discussed in the news. What the heck is going on?

If Trump's lawyers know such records exist, they could be intentionally trolling the Bidet Regime, the FIB and DuhOJ. It is difficult to predict what judges will do, but Trump's legal team might file them with SCOTUS. Again, simply by taking the documents with him from D.C., that, in and of itself, is sufficient to create a legal presumption of declassification. They may be making that argument, and keeping the declassification order in their back pocket on remand.
26 posted on 09/22/2022 7:10:11 AM PDT by Dr. Franklin ("A republic, if you can keep it." )
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To: semimojo

OBAMA removed millions of documents & stored them in an old Sears furniture warehouse.

WHERE IS THE SECURITY IN THAT????


27 posted on 09/22/2022 7:18:14 AM PDT by ridesthemiles
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To: Coronal

“Given that they both voted to overturn the lower court order, what would that accomplish?”

It’s a question of Due Process.

A third Trump appointment on the panel would have likely been able to convince one of the other judges to rule against the DOJ.


28 posted on 09/22/2022 7:31:11 AM PDT by Round Earther
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To: ridesthemiles
OBAMA removed millions of documents & stored them in an old Sears furniture warehouse.

They all went to the National Archives first and some were released to Obama for his library. The classified ones are stored at a different, secured facility.

29 posted on 09/22/2022 7:43:17 AM PDT by semimojo
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To: fluorescence

The entire justice system is starting to look like an eyeball in a lava lamp.
Option two: A magic 8 ball shake it until you get the answer you want.


30 posted on 09/22/2022 9:05:55 AM PDT by Vaduz ( )
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To: fluorescence
"For our part, we cannot discern why[Trump] would have an individual interest in or need for any of the one-hundred documents with classification markings," Judges Robin Rosenbaum, Britt Grant and Andrew Brasher said. "Classified documents are marked to show they are classified, for instance, with their classification level."

The former president, the judges continued, "has not even attempted to show that he has a need to know the information contained in the classified documents." The judges also said there is no evidence in the record before them that the roughly 100 documents at issue were declassified."

That's a hell of a mistake (and a Ratchet-sized word salad) by the Appeals mandarins. That is simply "unclean hands" inverted, the failed key thrust the DOJ attempted on Trump at District level:

SCOTUS is going to surprise these 11th hour scumbags, and either enforce Cannon's Order expressly or remand for modification, while tacictly approving the Special Master to continue his work.

31 posted on 09/22/2022 9:40:37 AM PDT by StAnDeliver (Tanned, rested, and ready.)
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To: Round Earther

What makes you so sure of that?


32 posted on 09/22/2022 10:52:38 AM PDT by Coronal
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