Breaking Update! Judge Eileen Cannon Orders Trump Lawyers to Obtain Security Clearances

[FA_Q2]

Other than having classified documents on her own private server???

Trump had a private server with classified information on it?

Do tell. Or lie some more. Either way.

 

[Billy000]

Trump had a private server with classified information on it?

Do tell. Or lie some more. Either way.

Why did this judge do this if Trump declassified the documents?

 

[surada]

So sayeth you.

But what do you base that claim on?

Cite? Link?

Frankly, it might be true. But then again, I doubt you know it for a fact.

Trump lacked power to declassify secret nuclear arms document, experts say

The document, listed as No. 19 in the indictment charging Trump with endangering national security, can only be declassified through a process that involves the departments of energy and defense.

www.reuters.com

 

[surada]

If they don't, I think Trump can argue (or try to anyway) that he was deprived of counsel. At the very least, it sets up grounds for an appeal.

I mean...basically one branch of the government is telling the plaintiff that if you want John Doe to represent you, John Doe needs to get a security clearance. Another branch of the government, theoretically, can deny John Doe a security clearance...thus effectively eliminating John Doe as your primary attorney.

Agree. It's a delicious scenario that the court is putting forward in one sense. That the "the documents were declassified" argument is so ridiculous that the judge is telling counsel to get a security clearance to be able to be on the case. This means she is not buying the quoted argument.

Trump lacked power to declassify secret nuclear arms document, experts say

The document, listed as No. 19 in the indictment charging Trump with endangering national security, can only be declassified through a process that involves the departments of energy and defense.

www.reuters.com

 

[FA_Q2]

Why did this judge do this if Trump declassified the documents?

You have a reading comprehension problem. Try again.

 

[Billy000]

You have a reading comprehension problem. Try again.

So explain how I’m not getting it then.

 

[candycorn]

Trump lacked power to declassify secret nuclear arms document, experts say

The document, listed as No. 19 in the indictment charging Trump with endangering national security, can only be declassified through a process that involves the departments of energy and defense.

www.reuters.com

Trump lacked power to declassify secret nuclear arms document, experts say

The document, listed as No. 19 in the indictment charging Trump with endangering national security, can only be declassified through a process that involves the departments of energy and defense.

www.reuters.com

I agree with you.

I'm just wondering what happens to the indictment if your lawyer isn't able to view the evidence the prosecutor has against you to prepare for the trial.

Does anyone know if there is precedent for this? Not on the presidential level of course. But lets say John Doe was charged with selling secrets to the Russians....was his attorney able to see the state secrets that were supposedly sold?

 

[Billiejeens]

I prefer to deal in reality instead of fiction. It’s a nice place to be. You should try it sometime.

You don't

 

[surada]

I agree with you.

I'm just wondering what happens to the indictment if your lawyer isn't able to view the evidence the prosecutor has against you to prepare for the trial.

Does anyone know if there is precedent for this? Not on the presidential level of course. But lets say John Doe was charged with selling secrets to the Russians....was his attorney able to see the state secrets that were supposedly sold?

Good question.

 

[WorldWatcher]

I agree with you.

I'm just wondering what happens to the indictment if your lawyer isn't able to view the evidence the prosecutor has against you to prepare for the trial.

Does anyone know if there is precedent for this? Not on the presidential level of course. But lets say John Doe was charged with selling secrets to the Russians....was his attorney able to see the state secrets that were supposedly sold?

[DISCLAIMER: No I'm not a lawyer, nor did I sleep in a Holiday Inn Express last night.]

I agree with you.

I'm just wondering what happens to the indictment if your lawyer isn't able to view the evidence the prosecutor has against you to prepare for the trial.

Under the Classified Information Protection Act (CIPA) the government can submit for a protective order pertaining to classified information.

The prosecution can file for what called in in camera, ex parte hearing (basically an in chambers hearing with Judge and the Prosecution) to work out details under the CIPA as there are various options which impact the defense and jury:

• The defense containing the proper security office in the DOJ to obtain clearance for the case.
• The judge approves redactions of the document(s) so that the document is submitted, but the specific classified information isn't shown.
• The judge approves an unclassified summary to be submitted as evidence in lieu of the actual document.

There may be an option where the court requires the defendant to have at least one lawyer (in a multi lawyer team) to have the required clearance for viewing the document(s).

Does anyone know if there is precedent for this? Not on the presidential level of course. But lets say John Doe was charged with selling secrets to the Russians....was his attorney able to see the state secrets that were supposedly sold?

Depends on the specifics. My understanding is that the DOJ works with the classifying agency to determine which document(s) will be used for charging. Let's say in your scenario that there are hundreds and hundreds of documents involved. The DOJ working with the classifying agency will select a small subsample of the documents that the classifying agency will approve for the court case, typically documents which may provide the least damage if made pubic and/or easies to redact or summarize into an unclassified substitute.

And yes there is precedent for all this under the CIPA which was passed over 50 years ago.

WW

 

[candycorn]

Good question.

It may be...it may not be. It looks to me--as a lay person--that the judge is setting up grounds for appeal in case the blob loses the case.

 

[candycorn]

[DISCLAIMER: No I'm not a lawyer, nor did I sleep in a Holiday Inn Express last night.]




Under the Classified Information Protection Act (CIPA) the government can submit for a protective order pertaining to classified information.

The prosecution can file for what called in in camera, ex parte hearing (basically an in chambers hearing with Judge and the Prosecution) to work out details under the CIPA as there are various options which impact the defense and jury:

• The defense containing the proper security office in the DOJ to obtain clearance for the case.
• The judge approves redactions of the document(s) so that the document is submitted, but the specific classified information isn't shown.
• The judge approves an unclassified summary to be submitted as evidence in lieu of the actual document.

There may be an option where the court requires the defendant to have at least one lawyer (in a multi lawyer team) to have the required clearance for viewing the document(s).



Depends on the specifics. My understanding is that the DOJ works with the classifying agency to determine which document(s) will be used for charging. Let's say in your scenario that there are hundreds and hundreds of documents involved. The DOJ working with the classifying agency will select a small subsample of the documents that the classifying agency will approve for the court case, typically documents which may provide the least damage if made pubic and/or easies to redact or summarize into an unclassified substitute.

And yes there is precedent for all this under the CIPA which was passed over 50 years ago.

WW

As good as any other explanation.

Thanks.

 

[BackAgain]

Trump lacked power to declassify secret nuclear arms document, experts say

The document, listed as No. 19 in the indictment charging Trump with endangering national security, can only be declassified through a process that involves the departments of energy and defense.

www.reuters.com

Their claim is just your claim. It’s not authoritative.

 

[surada]

Their claim is just your claim. It’s not authoritative.

God, you're pitiful.

 

[Marener]

A very smart move by Judge Cannon.

Seems unnecessary. Why would they need security clearances?

 

[BackAgain]

God, you're pitiful.

No. But you did prove that you’re a vacuum. You suck. The linked article doesn’t support the claim. It only makes the claim.

Unbeknownst to dimwits like you, the actual question doesn’t have a clear or certain answer.

 

[BackAgain]

Seems unnecessary. Why would they need security clearances?

Because the governments claim is that some of the items are classified. You derp.

 

[Marener]

Because the governments claim is that some of the items are classified. You derp.

All Trump has to do is tell the government they aren’t classified.

But we both know he hasn’t and won’t do that.

 

[BackAgain]

All Trump has to do is tell the government they aren’t classified.

But we both know he hasn’t and won’t do that.

He already has, you derp.

 

[Marener]

He already has, you derp.

When?