Special Master Not Working Out Well For Team Trumpy

[Ray From Cleveland]

It matters A LOT.

As you already admitted, classification is exclusively a power of the executive. The judiciary cannot overrule them.

If the executive says that a document is classified and Trump says it isn’t, the judge HAS to accept the executive’s determination.

That means Trump automatically loses because he isn’t the executive anymore. The judiciary cannot allow the former president to usurp tie authority of the current president.

Yes, but Dementia would have to specify what documents he wished to re-classifty which he didn't do.

 

[Ray From Cleveland]

Now, if someone had just said that prior to the search of his house.

Nobody asked. Why would you bring that up?

 

[Harpy Eagle]

Nobody asked. Why would you bring that up?

Why would anyone need to know that something has been declassified? Did you really just ask that?

Holy fuck, you just set a record for the dumbest question ever asked on this forum.

Well done

 

[Delldude]

Adjudicate what? I thought he didn’t do anything!

Why is the DOJ investigating Him then?

 

[Marener]

Yes, but Dementia would have to specify what documents he wished to re-classifty which he didn't do.

They don’t have to say it is re-classified. They just have to say it is classified.

The government has already said every document with classification markings is classified. The judge CANNOT overrule them on this because the judiciary doesn’t have the ability to determine what is and isn’t classified by your own admission.

 

[Delldude]

The special master is merely saying that it’s difficult to compare the Government’s claim (with alleged photographic proof) that some of the documents were “classified” against the Trump claim he had declassified those documents ABSENT some claim by team Trump IN THEIR OWN LEGAL PAPERS that the documents had been declassified.

Trump has said it. Kash Patel has said it. But apparently that claim has not been set forth within the Trump legal submissions. I’m not sure this is the proper venue to be compelled to make that claim. But to the extent it concerns the very matters which the Special Master has been appointed to consider, then maybe it is the right time.

I assume it’s the truth. So, if I were his lawyer, I’d file a quick supplemental affidavit and incorporate it into my pleadings. I’d cite the source of my “information and belief:” and I’d have my source(s) sign the sworn affidavit under oath. It could be just Patel.

Give the Special Master what he needs. This seems intuitively obvious to me.

Trump's team made a good point on this:

However, Trusty complained that the former president shouldn’t have to mount a defense now to criminal charges that have yet to be filed.

“It’s not about gamesmanship. It’s about not having seen the documents. ... We are not in a position, nor should we be in a position at this juncture, to fully disclose a substantive defense,” Trusty said. “We shouldn’t have to be in a position to have to disclose declarations and witness statements.”

That prompted Dearie’s retort that the former president’s team was seeking to “have your cake and eat it.”

Jerked the judge a little bit, but it sounds like he knows Trusty is correct.

Special master to Trump’s lawyers: ‘You can't have your cake and eat it’

 

[pknopp]

The Special Master asked the Trump team if they are claiming these all have been declassified. They refused to directly answer. The Special Master then stated, that was all he needed to know. He's going with the fact that they were still classified.

Trump painted himself in a corner here. Say they were declassified and his lawyers are going to have to prove that. (Trump waving his arm and saying "declassified" does not make them so).

They know they can not do that because they never were declassified. Can the president declassify information? He most certainly can, but it has to be done in a legal manner. I suppose Trump will argue he was ignorant of the law. LOL I imagine many will testify he was not.

 

[Lesh]

I don't know how you get that. When they first raided his compound his staff said that anything that left the oval office was considered declassified.

Trump claims ‘standing order’ declassified records as soon as they left Oval Office - Washington Examiner

Former President Donald Trump claims a "standing order" allowed him to declassify documents as soon as they left the Oval Office.A statement from Trump's office was read by journalist John Solomon on Fox News on Friday evening as the former president faces fallout from an FBI raid of his...

www.washingtonexaminer.com

That is not what your link says

And it's the claim that there was some amorphous "standing order" that anything taken to Trump's White House residence was automatically declassified.

18 Administration members (3 named and on the record) said they never heard of such a ridiculous order

 

[Ray From Cleveland]

They don’t have to say it is re-classified. They just have to say it is classified.

The government has already said every document with classification markings is classified. The judge CANNOT overrule them on this because the judiciary doesn’t have the ability to determine what is and isn’t classified by your own admission.

True, but how would Trump know what is re-classified unless somebody told him? And yes, if Trump declassified any document, it has to be re-classified by the next President.

 

[pknopp]

True, but how would Trump know what is re-classified unless somebody told him? And yes, if Trump declassified any document, it has to be re-classified by the next President.

And that declassification will be on record.

 

[Lesh]

He most certainly can, but it has to be done in a legal manner.

He at LEAST has to tell his staff so that the appropriate people and agencies can be notified.

He can not just "think" it

 

[Ray From Cleveland]

That is not what your link says

And it's the claim that there was some amorphous "standing order" that anything taken to Trump's White House residence was automatically declassified.

18 Administration members (3 named and on the record) said they never heard of such a ridiculous order

So they never heard of it before. What does that have to do with the price of rice in China? The President has the sole authority to create whatever classification or declassification process he wants.

 

[Ray From Cleveland]

And that declassification will be on record.

Show me in the Constitution where it says it has to be on record.

 

[pknopp]

So they never heard of it before. What does that have to do with the price of rice in China? The President has the sole authority to create whatever classification or declassification process he wants.

Through a proper legal manner.

 

[pknopp]

Show me in the Constitution where it says it has to be on record.

You have been shown in the past where it's all listed.

 

[Marener]

True, but how would Trump know what is re-classified unless somebody told him?

That's not my problem. That's not the government's problem.

 

[Lesh]

So they never heard of it before. What does that have to do with the price of rice in China? The President has the sole authority to create whatever classification or declassification process he wants.

So 18 members of his staff say there was no such order and none have said there was.

Where does that leave things?

 

[Ray From Cleveland]

Why would anyone need to know that something has been declassified? Did you really just ask that?

Holy fuck, you just set a record for the dumbest question ever asked on this forum.

Well done

No, I asked why Trump would bring that up for no reason.

 

[Ray From Cleveland]

So 18 members of his staff say there was no such order and none have said there was.

Where does that leave things?

I don't know how that's possible when it was a member of his staff that contacted Fox news and made that statement. I know, I was watching it live when it happened.

 

[Lesh]

Show me in the Constitution where it says it has to be on record.

The Constitution has nothing to do with this. We have been over that