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Sep 12, 2022, 11 tweets

NEW: TRUMP RESPONSE TO CLASSIFIED DOCUMENTS: Despite this filing being filled with errors and inconsistencies, I can see a reason - albeit unfounded - that Judge Cannon could side with Donald. First, it’s odd that Corcoran is on this as he’s a fact witness in the probe. 1/

First, we were wondering if they would argue the 100 documents might be declassified. They did, though they failed to say WHY, HOW, WHEN, or WHICH documents Donald declassified. 2/

In the introduction and throughout, they put “classified records” in quotes - and they purposefully refer to them as RECORDS because they’re incorrectly trying to establish that they fall under the Presidential Records Act. 3/

They continue to argue the president’s authority under the PRA despite 1) the fact that if these do fall under the PRA, Cannon has no jurisdiction and 2) he’s NOT THE PRESIDENT. 4/

They then refuse to argue the government’s assertion that the natsec assessment and criminal probe are inextricably linked, and then decide no investigation is needed because they promise nothing was compromised. Note all the quotation marks. What a bunch of assholes. 5/

But here’s what I think Cannon will latch onto if she denies the DoJ motion to stay: that the government can’t possibly be “concerned” about irreparable harm or protecting classified docs because they “leaked” information. They levy this accusation with ZERO proof. 6/

And trump makes this accusation when - in fact - it’s likely HIS PEOPLE leaking the info they’re using to show the DoJ doesn’t really care about security. 7/

Here, they just flat out lie and say a former president can declare documents presidential or personal. 8/

They continue to downplay the danger posed to national security by saying the FBI and ODNI can withstand a “brief pause”, even though they want THREE MONTHS for a special master to review the documents. They do NOT address specific possessory interests. 9/

So, they argue trump maybe declassified some of them, that he has the discretion to call them presidential records (which kills her jurisdiction), and the one I think Cannon will adopt: the DoJ can’t be irreparably harmed since they leaked all this (YOU ASKED FOR IT). 10/

I have a feeling Cannon will agree - wrongly - that DoJ would lose on those merits and deny the stay. That would force DoJ to appeal to the 11th circuit. I don’t think cannon cares about her legacy or having her ruling overturned. As long as she delays for Donald. END/

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