(sunday PO) Empty folders with classified banners are among the items seized from Mar-a-Lago

[GuideToACrazyWorld]

https://www.npr.org/2022/09/02/11206434 ... mar-a-lago

A federal judge has unsealed a list of items the FBI seized from former President Donald Trump's Mar-a-Lago home during a court-authorized search last month.

Read the list here:

There are few new details in this latest development.

The list includes U.S. government documents with secret classification marking; documents and photographs without a classification marking; magazines, newspapers and articles; documents with confidential, secret and top secret markings; empty folders with classified banners; empty folders marked "return to staff secretary/military aide"; articles of clothing/gift item; and books.

U.S. District Judge Aileen Cannon has not yet ruled on Trump's request for a special master, saying she will enter a written order at some point. Over the weekend, a federal judge said she was inclined to grant Trump's request, and a hearing on the matter took place Thursday, but it is now unclear when that decision will come.

[GuideToACrazyWorld]

This story keeps getting stranger...

[Z is for Zangie]

This story keeps getting stranger...

Well, look who the topic is...lol

[Tarmaque]

This story keeps getting stranger...

Well, look who the topic is...lol

I am shocked! Shocked like the taser in my pocket went off unintentionally.

[Tarmaque]

Two things about the appointment of a "Special Master." Firstly, the idea that this would "slow down" the investigation into Trump and the handling of classified documents is ridiculous. They've had them already for a matter of weeks and certainly have cataloged and sorted them and know exactly which direction to focus the investigation. The idea that there is "privileged information" hidden within those documents is speculative at best. The idea of "executive privilege" for Trump may not be "settled law" yet, but there have been almost no legal authorities who have sided with Trump on this. Because Donald Duck-and-cover is no longer President, he no longer is entitled to executive privilege unless Biden asserts it. And he has so far refused to do so.

Secondly, the argument that there may be "attorney-client privilege" documents contained within those boxes is also spurious. If there are, which seems unlikely (The Donald isn't a lawyer, and such documents shouldn't be at his home but at his lawyer's offices) then the DOJ would be scrupulous in not using them to contaminate their investigation for fear of corrupting any trial. Not to mention the fact that attorney-client privilege does not apply if a crime has been committed.

Every legal expert I've heard discussing this "Special Master" request has dismissed it as nothing more than a delaying tactic. If it is approved it will be highly unusual (the normal situation is when a lawyer's office or home is searched.) If any documents are found that truly relate to attorney-client privilege they will be very few and inconsequential to the investigation. The actual secret documents themselves cannot be withheld due to "executive privilege" because they are intelligence documents, not advice from advisors. And Biden hasn't claimed executive privilege on any of them in any case.

It is a delaying tactic, nothing more. Just like Trumpy always does. I don't think it will work this time.

[Senor Natural]

re-search that house and search all of his other properties and those of his family.
let the traitors scream . . .

[Z is for Zangie]

Two things about the appointment of a "Special Master." Firstly, the idea that this would "slow down" the investigation into Trump and the handling of classified documents is ridiculous. They've had them already for a matter of weeks and certainly have cataloged and sorted them and know exactly which direction to focus the investigation. The idea that there is "privileged information" hidden within those documents is speculative at best. The idea of "executive privilege" for Trump may not be "settled law" yet, but there have been almost no legal authorities who have sided with Trump on this. Because Donald Duck-and-cover is no longer President, he no longer is entitled to executive privilege unless Biden asserts it. And he has so far refused to do so.

Secondly, the argument that there may be "attorney-client privilege" documents contained within those boxes is also spurious. If there are, which seems unlikely (The Donald isn't a lawyer, and such documents shouldn't be at his home but at his lawyer's offices) then the DOJ would be scrupulous in not using them to contaminate their investigation for fear of corrupting any trial. Not to mention the fact that attorney-client privilege does not apply if a crime has been committed.

Every legal expert I've heard discussing this "Special Master" request has dismissed it as nothing more than a delaying tactic. If it is approved it will be highly unusual (the normal situation is when a lawyer's office or home is searched.) If any documents are found that truly relate to attorney-client privilege they will be very few and inconsequential to the investigation. The actual secret documents themselves cannot be withheld due to "executive privilege" because they are intelligence documents, not advice from advisors. And Biden hasn't claimed executive privilege on any of them in any case.

It is a delaying tactic, nothing more. Just like Trumpy always does. I don't think it will work this time.

Well, the judge approved appointing a special master and told the Justice Department they can't do anything with the documents till that is over...13,000 documents...yep, he is trying to delay ( the Justice Department wasn't going to do anything anyway till after the midterms, but, just that a judge appointed by him didn't recuse herself and did this ticks me off...

A federal judge will appoint a special master to sift through nearly 13,000 documents and items the FBI seized from Donald Trump’s Florida residence and identify any that may be protected by attorney-client or executive privilege, according to a court order posted Monday.

U.S. District Judge Aileen M. Cannon wrote in her decision that the Justice Department cannot continue reviewing the materials seized by the FBI at Mar-a-Lago on Aug. 8 or use them in its criminal investigation until the special master concludes his or her assessment. But she ruled that the Office of the Director of National Intelligence would be allowed to continue its ongoing assessment of the possible risk to national security posed by the removal from government custody of classified documents, some of them related to highly sensitive government and intelligence secrets.

Here is blurb from WA PO: Not paywalled, I can give gifts:

https://wapo.st/3wY35a1

[Tarmaque]

Well, the judge approved appointing a special master

Indeed she did, and I agree she should have recused herself because she was a Trump appointee, but in the end I don't think it would have made much difference. Like I said before, the classified documents can't be considered privileged, and those are at the heart of this investigation. The big problem here is going to be the arguments about the special master, and who it's going to be.

I will say that I think probably this is the best outcome possible, because if the judge hadn't gone this route then Trump would have appealed this continuously, possibly for years. In this case at least giving him what he wants will speed things along. Presumably.

Remember that any special master must be a lawyer with security clearance to examine the most sensitive classified documents. This leaves out of the pool plenty of Trumpanista lawyers that would be suspect. He can complain about this, but there's likely little his legal team can do about it.

I will be super curious who they eventually decide on.

But also like I said earlier, the DOJ has already cataloged and examined these documents. Perhaps not in detail, but enough to get a feel for how the investigation will progress. They almost certainly know where the bodies are buried and which grave digger to talk to, even if they can't "use the documents" until the special master examines them.

[Tarmaque]

Oh gods. After further review of the judge's decision, it sounds quite horrible and biased. The DOJ is certain to appeal it, while still moving forward with her directives. This is going to get ugly. "Er." "Uglier."

[GuideToACrazyWorld]

Well, the judge approved appointing a special master and told the Justice Department they can't do anything with the documents till that is over...

I didn't see that coming. Not sure it will make a difference, but the judge did seem rather Trump friendly from the beginning.

Oh gods. After further review of the judge's decision, it sounds quite horrible and biased. The DOJ is certain to appeal it, while still moving forward with her directives

I have read it yet. Doubt I'll get around to it. Seems odd, but really this whole situation is odd.

[Tarmaque]

I have read it yet. Doubt I'll get around to it. Seems odd, but really this whole situation is odd.

I've heard a number of legal experts talking about it, and they all are scratching their heads. None of it makes any sense. Basically she (the judge) said "I'm calling for a special master because Trump is an ex president and this could effect his reputation." It's basically unheard of. She didn't even voice an opinion on whether or not "executive privilege" applies, instead saying it isn't settled law and there is some question about it. Uh, no. The SCOTUS said it's up to the current President (Biden) to decide what falls under executive privilege, and President Biden has declined to do so in this and other cases. Sounds pretty settled to me.

Now the only question is will the DOJ appeal this decision, which could take months, or work with the "special master," whomever that is, which could take weeks to months. Or both. I hope they appeal it. Former FBI Deputy Director Andrew McCabe said he knew first year law students that could write a better opinion.

We shall see.

[GuideToACrazyWorld]

I've heard a number of legal experts talking about it, and they all are scratching their heads. None of it makes any sense. Basically she (the judge) said "I'm calling for a special master because Trump is an ex president and this could effect his reputation."

That is odd, it also could be an appearance thing. I know I posted legal eagle's analysis (I forget his real name). He didn't think there was any reason for it either.

It's basically unheard of.

That pretty much sums up this whole story.

Now the only question is will the DOJ appeal this decision, which could take months, or work with the "special master," whomever that is, which could take weeks to months.

I don't see how an appeal would make any sense, unless they are just trying to make a point. But we are way out of my legal depth here.