More than 5,000 people - many very prominent names - have asked @POTUS to grant retirement waiver to our client Col @YVindman to acknowledge his lawful #whistleblower role.
1/Court certainly has discretion to appoint Special Master but I don't see any special legal/factual reason to do so now.
I welcome those w/more federal criminal experience to weigh in but in my experience this request seems unnecessary, unjustified & if anything premature.
2/Attny Lynne Stewart's situation 20 years ago was vastly different. Seizure involved countless docs subject to attny-client privilege, including those of other lawyers. Exceptionally concerning for DOJ/FBI to review materials & Court took unusual step to appoint Special Master.
3/Trump's brief repeatedly cites to his "privileges" as if he were still President. He is not. He has NO privilege to retain records - classified or even unclassified - that belong to American people rather than Trump the individual.
2/COL Vindman (brother of @AVindman), who challenged Pres Trump's actions re: #Ukraine, retires on 8/31 aft 25+ years active @USArmy. Not by choice. Following stellar career ruined by Trump NSC, #Army put him out to pasture in position usually filled by junior officer. Why?
3/In Nov 2021, COL Vindman requested @POTUS allow him to retire as COL (only has 14 months in grade instead of normal 3 years). Given unique circumstances, it is appropriate to reward, rather than punish, an individual who stepped forward & successfully challenged US President.
Today, I received #FOIA response from @FBI as part of lawsuit I am handling for AHI records.
ALL records were withheld as exempt pursuant to 7(A), which pertains to ongoing criminal investigations.
Every..single..responsive..page.
2/Yet, last week Court we told "the FBI has completed its search for potentially responsive records. The FBI still anticipates making its first release of responsive, non-exempt material on August 15, 2022, and on the 15th of every subsequent month until production is complete."
3/Really? What records am I to receive every 15th of month when everything is exempt?
Importantly, there is absolutely no way FBI did not know it was going to invoke #FOIA 7(A) when its statement was made to federal judge days earlier. #Disingenuous
It was reported by @washingtonpost that "Classified documents relating to nuclear weapons were among the items FBI agents sought ... according to people familiar with the investigation."
2/At this point, we don't know if this is true or not. The @FBI's property receipt makes no mention of "Restricted Data" or "Formerly Restricted Data", which is usually how nuclear info is referenced. This info is controlled by Atomic Energy Act.
1/Saying #EspionageAct requires intent to disclose to foreign power or injure US for conviction - the current MAGA defensive talking point - is NOT accurate.
There are multiple criminal provisions that pertain to classified info. They do not all have "spy" characteristics.
2/Ppl forget so easily #HaroldMartin, NSA "hoarder", agreed to 9 years in jail for merely unauthorized possession of classified info w/o any intent to disseminate. His mere knowledge docs were marked classified & he couldn't have them at home was enough.
3/To be sure, some criminal statutes will have potential legal fights given they were not designed for use against POTUS, but there are clear provisions of #EspionageAct that can apply to Trump w/no allegations of "spying" or actual use against US.