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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THREAD: NEW: the DoJ has filed a motion for a PARTIAL STAY of Judge Cannon’s order to the 11th circuit pending appeal in the Mar-a-Lago case. These are screen grabs of a declaration supporting the partial stay from the assistant director of counterintel at the FBI. 1/
This declaration addresses the IRREPARABLE HARM the judge’s order to stop the criminal investigation will have on national security. 2/
Alan Kohler states that the risk assessment being conducted is INEXTRICABLY LINKED with the CRIMINAL INVESTIGATION. 3
THREAD :: RULING ON SPECIAL MASTER :: The judge says “Under jurisdiction I don’t have and pursuant to my fee fees, I’m granting Donald’s motion in part” (paraphrasing) 1/
She then cites Richey, even though Donald failed to meet all four Richey factors, and then cites irrelevant case law to wrongfully grant herself jurisdiction in this matter. 2/
Then she lists the Richey factors, seemingly acknowledging this case doesn’t meet them all, and decides she’s only going to rely on the ones that fit her narrative. 3/
BREAKING: from the special master hearing transcript. We don’t need to link Donald to the documents. His lawyer says “we are talking about presidential records in the hands of the 45th president.” I’m doing a whole thread in a bit, but thought you’d want to see this.
WOW: the trump side is blaming the DoJ for releasing parts of the affidavit and the warrant, AND they’re mad about the DoJ response filing to the special master request. NONE OF THAT WOULD HAVE HAPPENED IF IT WERENT FOR THE TRUMP TEAM 👀
Well I guess this will be the thread. Here, Trusty calls the DoJ standing argument NEW FANGLED, but neither here in court nor in their filing do they give ANY LEGAL ARGUMENT about it. Maybe they will later In the transcript, but the judge gave him this time to do so 3/
NEWS :: COURT DENIES BANNON’S MOTIONS FOR A NEW TRIAL AND TO DISMISS. Haha this is a good one. Strap in. 1/
“Yo. First you said the court’s interpretation of “willfully” was wrong, but we’re going by the circuit court’s binding precedent which we can’t just ignore, and anyone with half a brain would know that.” (Paraphrasing) 2/
“Then you tried to say WE fucked up by not including your ridiculous defense in the jury instructions, but you didn’t bother to give a single reason why the court was incorrect.” (Paraphrasing). 3/
THREAD :: NEWS :: FBI and DHS agents were seen searching and removing boxes from the NY and FL residences of Viktor Vekselberg yesterday morning. What investigation is this part of? If that name rings a bell, allow me to refresh your memory. 1/ nbcnews.com/politics/natio…
Mueller arrested him at an airport in 2018. He’s got ties to German Khan - the number 3 guy at Alfa Bank back then and father-in-law of Alex van der Zwaan (indicted by Mueller on FARA charges). Vekselberg was at the Bank of Cyprus when Wilbur Ross ran it. 2/
And not only did Vekselberg attend Donald’s inauguration, he donated $250K to it. His ticket was bought through a straw donor. Remember notes were found on Manafort’s phone saying “use Cyprus as inter” during the June 2016 trump tower meeting. 3/
THREAD :: CNN :: Brianna and Jeff seem to have gotten their talking points about Marines in the backdrop of Biden’s speech. Here’s a thread about why this is a bad take 1/