Also, 793e is not based on mere possession. It literally says Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it We know that the documents were subpoenaed AND Trump willfully retained them. Many legal experts believe the appointment was unnecessary, as the DOJ already had a separate team of researchers determining whether or not the documents were privileged. The United States Court of Appeals for the Eleventh Circuit is a federal appellate court with appellate jurisdiction. You know, theres different people say different things. The decision on the motion pending appeal could give the DOJ an insight on whether the court is willing to go further on a more general rejection of the order.. The DOJ must submit a brief arguing why it believes a special master isnt needed by October 14, while Trumps lawyers must submit a brief by November 10. The 11th Circuit Court of Appeals issued an order shortening the timeline for the Justice Department and Trump's lawyers to finish submitting legal briefs to the court by November 17 after the DOJ . (c) Does DOJ have enough evidence to justify an indictment on the principles of prosecution? The Supreme Court agreed with the lower courts decision, issuing an order on Tuesday stating "a stay or injunction is not . The DOJ has now filed its brief with the 11th Circuit Court of Appeals seeking to stop the entire Special Master process. The warrant lists sections of the Federal criminal code it claims were violated. When government behaves unusually and the behavior here is unusual in many many many ways it is govenrment we should be suspicious of. Legal Statement. What is clear is that the investigation can now proceed with the full use of these classified documents to try to establish knowing violation by either Trump or his aides, including lawyers who certified or stated that there were no further classified documents at Mar-a-Lago. and Biden can deny him specific access if he chooses. 2022 Cable News Network. No decision made on whether Michigan candidate who attempted to gain access to voting machines will be charged, What to watch in the high-stakes 2022 midterm elections, Colorado voters take on the states soaring housing costs, Sabato makes final calls for control of US House, Senate, gubernatorial races. A panel of judges randomly selected within the 11th Circuit Court will decide when oral arguments will commence at a later time. "The Court should therefore reverse the district courts injunction and end the special masters review," the Justice Department argued. It would be like saying SCOTUS judges must go to prison for ruling one of Congress laws unconstitutional Congress literally has no power to pass such a law, so in the case of a POTUS giving themselves documents to take into retirement it MUST be presumed they performed all the actions (declassification, authorization to possess the documents) to do so. It was not unexpected. The damning evidence of prior politicization of the FBI/DOJ requires that DOJ/FBI prove their actions are not political to the PUBLIC, NOW. Imelda v. U.S. Att'y Gen., 611 F.3d 724, 729 (11th Cir. Friday, October 14, 2022, 5:50 PM. The big picture: The 11th U.S. Election season is here! I did not say a word about the 11th Cir. Or he must have done something with them at MAL such as sold them to the Saudis District Judge Aileen Cannon, a Trump appointee, initially agreed to appoint a special master in early September, upon Trumps request more than two weeks after the documents were retrieved from his home. A federal appeals court is allowing the Justice Department to continue looking at documents marked as classified that were seized from former President Donald Trump's Mar-a-Lago resort and home . The special master and his team were to review those records for executive privilege, attorney-client privilege and for personal records. Pray for Judges . Dearie's deadline to review the documents was extended to Dec. 16. If the court eventually sides with the DOJ and determines that a special master was improperly granted or is unnecessary, it could result in a quicker DOJ decision on whether or not to charge Trump with crimes relating to his improper transfer of government materials (including hundreds of classified documents) to his residence upon exiting the White House. (d) The governments position is that FPOTUS was not lawfully in the possession of these documents. DOJ/FBI/WH/NARA have studiously avoided going to court because the standards there favor Trump, and because they are trying to manufacture a crime from whole cloth and Trump complying with a court order would obliterate that. A judge read the entire affidavit and determined that there was probable cause that these crimes had been committed. October 5, 2022 The 11th Circuit Court of Appeals has granted a request from the Justice Department for an expedited schedule for dealing with an appeal from the department of the selection of what's called a special master to take over key components of dealing with records seized by FBI agents from Mar-a-Lago. R. 42-1(b), return of deficient documents without action, or other sanctions on counsel, the party, or both. That proof is far more important that catching Trump, in the unlikely event he actually committed a crime. The Justice Department is asking the 11th Circuit Court of Appeals in Atlanta to lift part of an order from Judge Aileen Cannon that bars the government from using classified materials seized from Mar-A-Lago in its investigation and requiring the government to disclose those materials to the special . 7:44 PM EDT, Wed September 21, 2022. The 11th circuit court of appeals improperly elected to accept an appeal by DOJ. Obstructing an investigation is another act under our laws. Though the DOJ is now allowed to look at the classified documents, the department stated in its brief why it believes examining all of the material is important. The U.S. Court of Appeals for the 11th Circuit has agreed to the Department of Justices (DOJ) request to expedite its challenge to the legality of having a special master review documents that were retrieved in August from former President Donald Trumps Mar-a-Lago residence in Palm Beach, Florida. But the 11th circuit court of appeals should not have taken the appeal and should not have ruled on the facts. On Appeal from the United States District Court for the Southern District of Florida MOTION FOR PARTIAL STAY PENDING APPEAL JUAN ANTONIO GONZALEZ United . The notion is prima facia absurd, and violates the separation of powers. Had the court sided with Trump, the process to determine the need for a special master, would likely have lasted well into next year, The process of determining the legality of involving a special master begins next week, according to. 18 USC 793, 1519 and 2071 are part of the criminal code, whether you can admit it or not. Trumps lawyers had argued against the DOJs claims that a special master was unnecessary in a brief they submitted earlier this week. Can you point out a single instance anytime anywhere where any person has been prosecuted for mere posession. No more, no less. refusing to return documents with classified markings that were subpoenaed by a grand jury. JUDGE OVERRULES SPECIAL MASTER ORDER FOR TRUMP TO GIVE 'FINAL' OBJECTIONS ON FBI SEARCH INVENTORY. Citing the Musical Hamilton, Crickets: Illinois Professor Publishes Racist Attacks Against Herschel Walker With No Outcry from the Faculty or Media, Biden's "Bottomless Pinocchio": Washington Post Hits the President With Rare Rebuke for Repeated False Claims, Constitutional Defamation: Democrats, not Democracy, are in Danger this Election. 2. Again, Plaintiff offers no response. I find it interesting that DOJ is NOT providing copies of anything marked classified now to either the court of defendants. Last time I checked the government has to prove Trump guilty, this case is about Trump proving himself innocent. As previously discussed, this was the smart move by the Justice Department to first seek access to this small group of documents with classified markings, the strongest of its arguments against the order. I would further note that the PRA bars the Current president from access to the records of the prior president even if they are classified without going to court. Former president Donald Trump's Mar-a-Lago resort in Palm Beach, Florida. DOJ Asks 11th Circuit To Overturn Entire Cannon Order Josh Kovensky 10/14/2022 The Florida judge who blocked the DOJ's investigation into classified records held at Mar-a-Lago undermined. thanks anyway, (and I will, as always, let you get the last word in, so you will not erroneously interpret my subsequent silence as acquiescence.) We have been through this before. Because of his involvement with the NCP -- and his opposition to the Nepal Communist Party Maoists -- Petitioner was threatened and attacked . You have been trying to pass off an August 2022 press release as if it came a couple of years earlier. The 11th Circuit suspended Cannon's ruling as it applies to classified information, though the rest remains in place. Issued Date: 11-03-2022 Powered and implemented by FactSet Digital Solutions. On Wednesday, the United States Court of Appeals for the Eleventh Circuit narrowed the order of U.S. District Judge Aileen M. Cannon by allowing the Justice Department to regain access to the roughly 100 classified documents seized among roughly 11,000 documents at Mar-a-Lago. On Friday, the Department of Justice filed what can only be described as a blockbuster motion with the 11th Circuit Court of Appeals in Atlanta. Since the night of the Mar-a-Lago raid, many of us have asked for the evidence of such an order. For the District of Columbia Circuit - John G. Roberts, Jr., Chief Justice 11 -12716-GG consolidated with Case No. And they do so badly all the time. As I understand, there doesnt have to be. We have been through the FISA warrants which were drafted by nearly the same people and managed to persuade a judge far more capable than Reinhart, despite the fact that DOJ ajnd FBI knew at the time they were selling A Hoax as evidence to the FISA court. Trump TODAY can request any classified documents within the US government. What is occuring with Trump right now is much like DeSantiss exposure of the hypocracy of the elites at Marthas vineyard. Sun, Sep 18th, 2022 by Jason Miciak The 11th Circuit Moves Staggeringly Fast On DOJ Motion To Lift Classified Docs Injunction Just yesterday, this site published an article that addressed. The Justice Department's reply, filed late Tuesday night, said the 11th Circuit has jurisdiction over both the injunction and the special master appointment because Cannon, the trial judge,. The Attorney General has delegated this discretion to the IJs within the United States Citizenship and Immigration Services. But todate we have nothing beyond a list of statues that might have been violated. UNITED STATES COURT OF APPEALS . The Justice Department challenged that order at the 11th Circuit, though, arguing that the DOJ should be able to continue its review of the approximately 100 documents bearing classification markings seized during the raid. Instead, any appeals go straight to the Supreme Court. [1] https://justthenews.com/sites/default/files/2022-09/gov.uscourts.flsd_.618763.125.0.pdf, https://www.documentcloud.org/documents/22924672-motion-for-extension-of-time. 1330 (11th Cir. A federal appeals court is allowing the Justice Department to continue looking at documents marked as classified that were seized from former President Donald Trumps Mar-a-Lago resort and home, upending a trial judges order over those documents that had blocked federal investigators work on them. With everything going on right now from escalating white supremacy to the threat of nuclear war to the climate change-fueled disasters across the world . But all laws and norms have been flipped on their heads to get Trump. If they do, they are going to have to prove a case. The timetable laid out by the court suggests that it is possible arguments will be heard before the end of the year. That is a REQUIREMENT of the declaration of independence. Truthout is a nonprofit and depends on your financial support. Here is the opinion: 11th Circuit opinion, U.S. District Judge Aileen M. Cannon overruled [1] an order by Special Master Raymond Dearie that said former President Donald Trump needed to provide any final objections or disputes regarding the items seized by the FBI during its unprecedented raid on Mar-a-Lago on 8/8/22. https://twitter.com/mrddmia/status/1572975561701466113, 1. The FORMER President is not authorized to possess NDI.. There is obvious probable cause regarding Biden family corruption. Trump has deniedthat any of the materials in his possession at Mar-a-Lago were classified. The Atlanta-based 11th Circuit Court of Appeals issued an order Wednesday morning setting tighter deadlines in the government's appeal to remove what prosecutors contend is an unnecessary. Nothing has been decided beyond the filings . Our daily email newsletter will keep you up to date. is working overtime to bring you the latest information as it happens. And thus far they have not shown anything. Trump is not President. The FBI allowed Her lawyers to review the contents of her server and decide what government was allowed to have. There can be a process, but there doesnt have to be. On Wednesday, the U.S. Court of Appeals for the Eleventh Circuit stayed a controversial ruling by a Florida district court judge that had effectively blocked the Justice Department and. If youre the president of the United States, you can declassify just by saying, Its declassified. Even by thinking about it. Trumps possession does not become unauthorized because Biden takes the oath of office. Vacant seats on the Court are filled by Judges appointed by the President of the United States of America. Some have speculated that Trumps request for a special master. now it will stall everything else as long as possible. UNITED STATES OF AMERICA, versus . Published The U.S. Court of Appeals for the 11th Circuit granted the request from federal prosecutors to shorten the timeline for the Justice Department and Trump's lawyers to file briefs in the. Washington, DC--On Monday, April 28, 2003, the American-Arab Anti-Discrimination Committee (ADC), the largest grassroots Arab-American civil rights organization filed an amicus (friend of the court brief) in the case of Glassroth v. Moore, which is on appeal with the Eleventh Federal Circuit Court of Appeals. DOJ just told the 11th Circuit it is ready to indict Trump, This site requires JavaScript to run correctly. You are claiming that Trump legally possessed these documents up until the moment that Biden took the oath of office and that The Burden is solely and completely on the DOJ to disprove that. The claims in th warrant have no evidence at all. Would it be proven as an exercise of disgression to bring charges against FPOTUS? I did not say that Trump would be indicted. In a recent order from the 11th Circuit Court, the department was granted the ability to look at items marked as classified. That is clearly not going to go over well with the courts. On Friday, the DOJ filed a motion with the 11th Circuit Court of Appeals asking that it shut down Raymond Dearie's review of the documents confiscated during the August storming of the scenic . Youve created your own red herring with your numerous comments about Trump being in possession of stolen classified documents. This material may not be published, broadcast, rewritten, There is no credible allegation that he stole anything, there is no credible allegation that he provided anything to anyone not entitled to have it. The disputes, arguments, conflicting opinions and insults evinced right here in the comments section represent a microcosm of what could happen-and indeed may be happening even among the more knowledgeable members of our national government, -IF, IF a sitting president did not have unfettered control and final authority over declassification of material, including that related to national security, and as acknowledged by DOJ itself. On Friday, the Department of Justice filed what can only be described as a blockbuster motion with the 11th Circuit Court of Appeals in Atlanta. How many recall that Clinton did not have a special master, DOJ did not confiscate her server, Yesterday, FNN aired two episodes about this legal saga: 1.in a 5 segment On Sunday Night in America, former AG Bill Barr weighed in with his opinion [1]: The appeal will be heard by the 11th Circuit Court of Appeals in Atlanta. Clinton had actual unauthorized posession of thousands of classified documents and was not prosecuted. Powered and implemented by FactSet Digital Solutions. More than 11,000 government documents 300 of which were classified have been retrieved from Mar-a-Lago in 2022. Worse the immplication LITTERALLY is that DOJ is seeking to recover declassified crossfire huricane material. 3, 2022) . (Felipe Ramales / Fox News Digital). 2022). Subscribe to Lucian Truscott Newsletter to keep reading this post and get 7 days of free access to the full post archives. Eleventh Circuit Court of Appeals Eleventh Circuit Court of Appeals Eleventh Circuit Court of Appeals . Nothing ever stopped the FBI from investigating. Trump is appealing that ruling to the U.S. Supreme Court, but he is widely expected to lose that appeal. As previously discussed, this was the "smart move" by Please. The only means by which an ex-president could commit the crime you are alleging would be if NARA went to court, won, and Trump refused a court order to turn over the materials. Court: United States Court of Appeals, Eleventh Circuit. Education. The announcement from the 11th Circuit Court came on Wednesday. All rights reserved. Former President Donald Trump in New York City following the FBI raid at his Mar-a-Lago home. Given the evidence we currently have there is no probable cause of a crime, and therefore the warrant was unconstitutional. . Appeal from the United States District Court . Yet again: refusing to turn over subpoenaed documents is an act under our laws. [2] https://www.msn.com/en-us/news/politics/trump-lawyers-pressed-on-seized-mar-a-lago-documents-by-special-master-in-nyc/ar-AA123pPF, Is this true? The filing in the U.S. Court of Appeals for the 11th Circuit came hours before attorneys for Trump and the DOJ were set to appear in federal court in Brooklyn, New York, to speak with. . Now Biden is using the actual power and tools of the executive DOJ/FBI to go after a political enemy WITHOUT evidence. The 11th Circuit Court of Appeals agreed on Wednesday to a request from the DOJ to speed up the government's bid to block a Trump-friendly judge's intervention in the Mar-a-Lago investigation. A Warner Bros. for the Southern District of Florida _____ INITIAL BRIEF OF INTERESTED PARTY-APPELLANT, INSTITUTO COSTARRICENSE DE ELECTRICIDAD . 2022 FOX News Network, LLC. It is ordered that the following allotment be made of The Chief Justice and the Associate Justices of this Court among the circuits, pursuant to Title 28, United States Code, Section 42 and that such allotment be entered of record, effective September 28, 2022. APPEALS COURT WILL EXPEDITE REVIEW OF SPECIAL MASTER APPOINTMENT IN TRUMP DOCUMENTS CASE, But on Friday, the Justice Department challenged the appointment of Dearie altogether, arguing that Trump has not "asserted a claim of personal attorney-client privilege that would justify the district courts order. Rules 26.1-1 through 26.1-4 may result in dismissal of the case or appeal under 11th Cir. The alleged crimes are refusing to return documents with classified markings that were subpoenaed by a grand jury and obstruction. DOJ has themselves between a rock and a hard place. Former deputy assistant attorney general Tom Dupree weighs in after a special master was appointed to review the seized Mar-a-Lago documents on 'Your World.'. Trump must have moved the documents AFTER he was no longer president, However, that is not this situation. The DOJ must submit a brief arguing why it believes a special master isnt needed by October 14, while Trumps lawyers must submit a brief by November 10. Please, do what you can to help us get through this trying time. The 11th Circuit Court of Appeals on Wednesday agreed to fast-track a U.S. Department of Justice appeal of a case involving allegedly classified and secret documents recovered from Donald Trump's Mar-a-Lago home and resort. All Rights Reserved. . Further, nearly all appeals and particularly this one on on the LAW, issues of fact must all be assumed in favor of the non-moving party. There is so far not an actual crime alleged regarding Trump. The Supreme Court this week, though, denied Trumps motion. POTUS can not declassify with a thought, because even the constitution requires the president to ACT to excercise power. The presidents constitutional powers with respect to national security are unlimited, but they are not metaphysical. Those inanimate documents were in the same place as they were one second later when the Presidency changed hands. Democrats impeached Trump for acts that are far less egregious and far more justified. There are roughly 11,000 documents and 1,800 other items being held from the search on Mar-a-Lago. (The government, based on filings at the 11th Circuit, is investigating allegations that some of the Optima entities were involved in the misappropriation of more than $100 million from a. These are all ACTS. DOJ is appealing an order restricting the review of records seized from Trump's Mar-a-Lago estate. None of the know facts supports a warrant. She said there shall be no separate requirement for Trump at this stage, prior to the review of the Seized Materials, to lodge ex ante final objections to the accuracy of Defendants Inventory, its descriptions, or its contents.. Guess Where Obama, Clinton and Both Bushs Had Their Presidential Documents Stored: Read the 11th US Circuit Court of Appeals ruling here. Trumps legal team will now be required to respond in writing with their own brief by Nov. 10. 2022 FOX News Network, LLC. Unauthorized posession ALONE in not enough. While the government must show a knowing violation (as opposed to classified status), the Trump team has repeatedly declined to produce evidence of such a written or oral order, including any declaration from Trump or staff on such a decision. The court, however, has agreed to expedite the matter. Court records for this case are available from U.S. Court Of Appeals, Eleventh Circuit. God forbid anyone should give you any power in a criminal context. The building is named for Elbert Tuttle, who served as Chief Judge of the Fifth Circuit in the 1960s and was known for issuing decisions which advanced the civil rights of African-Americans. MAR-A-LAGO PROBE: SUPREME COURT DENIES TRUMP APPEAL FOR SPECIAL MASTER TO REVIEW CLASSIFIED RECORDS. Dearie has scheduled next status conference for 10/6/22. Thanks to the 11th Circuit stay, the FBI can now continue its investigation. Trumps lawyers had argued against the DOJs claims that a special master was unnecessary in a brief they submitted earlier this week. However, the court also noted that even if we assumed that Plaintiff did declassify some or all of the documents, that would not explain why he has a personal interest in them., The three-judge panel (which included two Trump appointees) granted themotion for a partial stay and noted that the Trump team offered no countervailing evidence to undermine the United Statess representationsupported by sworn testimonythat findings from the criminal investigation may be critical to its national-security review., The panel stated that for our part, we cannot discern why Plaintiff would have an individual interest in or need for any of the one-hundred documents with classification markings., The panel relied heavily onDepartment of the Navy v. Egan where the Supreme Court ruled in 1988 that the protection of classified information must be committed to the broad discretion of the agency responsible, and this must include broad discretion to determine who may have access to it.. DOJ Eleventh Circuit Appeal Contributed by Kevin McCoy (USA Today) p. 1. You are wrong. In the first paragraph in its support of the motion, the DOJ comes right out and states an obvious point I dont think theyve put this bluntly before: On August 8, 2022, the government executed a lawfully issued search warrant seeking records that may have been unlawfully retained at a residence belonging to the plaintiff the former President of the United States after his tenure in office, including government records bearing classification markings.. Not authorized by who or what? finds declassification irrelevant to access for criminal investigation. The authorization existed. Focusing on both national and local topics since the early 2000s, he has produced thousands of articles analyzing the issues of the day and their impact on the American people. You can not even get a Single Element of 18 US 793(e). There doesnt have to be a process. Without such limiting powers, it is obvious that POTUS literally could declassify everything with a thought.. It has not changed. As I wrote previously, The Eleventh Circuit could always go further on its own to strike down the order or indicate unease with the order as a whole but the Justice Department is only seeking a narrow remedy on the strongest claim dealing with classified documents. Trump claimed: "The Eleventh Circuit lacked jurisdiction to review, much less stay, an interlocutory order of the District Court providing for the Special Master to review materials seized from President Trump's home, including approximately 103 documents the Government contends bear classification markings. 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. Appeals court grants DOJ investigative access to classified documents seized from Trump's Mar-a-Lago . . In an appeal the burden of proof is on the moving party also but it is a much higher burden. The ruling from a three-judge panel of the U.S. Court of Appeals for the 11th Circuit is a victory for the Justice Department. If a president could declassify with a thought, he could literally declassify every document in the possession of the U.S. government with a constitutional Jedi-like power. The appeals court also granted the DOJ's motion to expedite the appeal, which Trump's lawyers opposed. The DOJ's filing in the 11th Circuit Court was in response to Trump's lawyers and sought to resume its review of the 100 'classified' documents seized by the FBI Even the portion of the law you hang you hat on unauthorized possession is ONE element, ( 1950-10-31) October 31, 1950 (age 72) Atlanta, Georgia. In the interview, Trump did not claim any written order and brushed aside any need for any process or even expression of an intent to declassify: Hannity: A president has the power to declassify., Hannity: You have said on Truth Social, a number of times, you did declassify., Hannity: What was your process to declassify?, Trump: There doesnt have to be a process, as I understand it. If they do not indict Trump the presumption will be this was political. the ruling from a three-judge panel of the u.s. court of appeals for the 11th circuit amounts to an overwhelming victory for the justice department, clearing the way for investigators to. No one would know that there was declassification other than the fact the he removed the documents or treated them as declassified., And yet, if you read the SCOTUS decision on Navy vs Egan, that is precisely what they are saying. and missing things that are there. False, he is only not authorized to Declassify or classify. A panel of judges on the 11th U.S. Sarah Rice for The Washington Post via Getty Images, The U.S. Court of Appeals for the 11th Circuit. Another clue is that Obstruction is nearly impossible without an underlying crime. Anonymous: I repeat: I am not talking about either Trump or the 11th Cir opinion. in order to better prepare his legal teams arguments in the face of what appears to be impending charges against him. You are, of course, free to indulge that red herring here. One of Trumps lawyer, James Trustym sounds off on Life, Liberty & Levin. Quotes displayed in real-time or delayed by at least 15 minutes. Regardless, expresidents are the only people aside from the president who can access anything without a need to know. The FBI picked up records after the Grand Jury Subpoena. Market data provided by Factset. (Photo by Drew Angerer/Getty Images) Trumps lawyers have TS/SCI clearance. Special Master Dearie has already lost patience with the Trump team in failing to support declassification claims and, correctly, said that he will proceed under the view that these documents remain classified in the absence of such proof.