Erik Larson Profile picture
Sep 19 5 tweets 1 min read
ICYMI: A group of former prosecutors who served in GOP administrations told the 11th Circuit on Friday that Judge Cannon's #specialmaster ruling had given Trump special treatment. The group urged the court to let DOJ continue using seized classified records in its criminal probe
"A former President is entitled to no greater protection under the law than is any other citizen..[C]oncern for reputational harm is not a valid basis for enjoining a criminal investigation, especially one that is inexorably intertwined with a national security damage assessment"
The assessment was included in a proposed amicus brief by a half dozen former federal prosecutors and former New Jersey Gov. Christine Todd Whitman, who argue that Judge Cannon, a Trump appointee, is "affording greater protection to the plaintiff because he is a former president"
Judge Cannon concluded that the seizure at Mar-a-Lago was "in a league of its own" because Trump is a former president, and that a future indictment "would result in reputational harm of a decidedly different order of magnitude." The former prosecutors said that finding is wrong
"And even if hypothetical reputational harm were a legally cognizable interest, it certainly would not supersede the national security interests at stake in regard to these classified documents and justify enjoining a criminal investigation," the group said

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More from @eelarson

Sep 2
My latest: Donald Trump failed to meet a key filing deadline in his effort to stop the US from being removed as a defendant in his lawsuit accusing Hillary Clinton and various officials of conspired against him during the Russia probe bloomberg.com/news/articles/…
US District Judge Donald Middlebrooks on Friday said Trump failed to respond by Sept. 1 to a motion to dismiss filed by the US government, which is one of many defendants in the suit filed under a civil racketeering law. He extended the deadline to Sept. 6
“I caution plaintiff that if no response to the United States’ motion is timely filed by the extended deadline, then I will evaluate the merits of the United States’ motion without the benefit of counterargument,” the judge wrote
Read 6 tweets
Sep 1
My latest: A federal judge declined to rule from the bench on Thursday after hearing arguments on Donald Trump’s request for a neutral third party to review documents seized from the former president’s home by FBI agents seeking classified records bloomberg.com/news/articles/…
The DOJ argued Trump had no right to such a review. “He is no longer the president,” said Jay Bratt, the DOJ’s counterintelligence chief. “And because he is no longer the president, he did not have the right to take those documents. He was unlawfully in possession of them.”
“What we’re talking about are presidential records in the hands of the former president of the United States,” said Trump attorney Christopher Kise. “This is not a case about some Department of Defense staffer stuffing papers in a bag and sneaking out in the middle of the night”
Read 4 tweets
Aug 31
My latest: White House records held in a storage room at Donald Trump’s estate may have been concealed or removed before an FBI search for classified documents in June, suggesting possible attempts to obstruct the probe, the DOJ told a judge bloomberg.com/news/articles/… via @bpolitics
The DOJ made the assertion in a response to Trump’s suit seeking appointment of a special master to review the documents taken from Mar-a-Lago and flag any records subject to attorney-client or executive privilege. The DOJ said the request should be denied.
FBI agents visited Mar-a-Lago in June pursuant to a grand jury subpoena but later determined the search “was incomplete and that classified documents remained at the premises,” despite a Trump lawyer certifying that all relevant documents were produced, DOJ said in the filing
Read 5 tweets
Aug 31
NEW: In Trump's special master suit, a half dozen former federal prosecutors & ex-NJ Governor Christine Todd Whitman filed an amicus brief saying: "Regardless of one’s political views, it is clear that there is no legal support for the relief requested by the former President"
Reminder: the DOJ has until the end of the day to meet a court-ordered deadline to file its public response to Trump's Aug. 22 lawsuit. Trump will then have until 8PM Wed. night to respond, followed by an in-person hearing in West Palm Beach on Thurs. at 1PM
Presumably we'll get similar friend-of-the-court briefs at some point in support of Trump's request for a special master -- a request some legal experts have said isn't that unusual (though it was filed two weeks after the search)
Read 7 tweets
Jul 14
Secret Service Director James Murray will retire after serving in the post for three years. Murray raised eyebrows by allowing Anthony Ornato, a senior Secret Service official, to serve as a political adviser to Trump while he was president

politi.co/3AvN5il via @politico
The retirement comes shortly after former White House aide Cassidy Hutchinson’s testimony to the House Jan. 6 committee probing the attack on the Capitol, in which she highlighted Ornato's dealings with Trump and other White House aides as the insurrection played out
Hutchinson’s testimony caused the committee to raise doubts about Ornato's credibility. In a January interview with the committee, according to a person who described the exchanges, Ornato recounted recollections of Jan. 6. that led panel members to question his version of events
Read 5 tweets
Jul 13
Nearly 2 1/2 years since the pandemic began, the most infectious and transmissible variant yet has arrived. BA.5—which is evolving, escaping immunity and driving an uptick in cases and hospitalizations—is a clear sign that the pandemic is far from over cnn.com/2022/07/13/wor…
In Europe, the Omicron subvariants are powering a spike in cases of about 25%, though Dr. Michael Ryan, the executive director of WHO's Health Emergencies Program, has said that number may actually be higher, given the "almost collapse in testing."
Official data dramatically undercount the true number of infections in the US, epidemiologists say, leaving the nation with a critical blind spot. Some experts think there could be as many as 1 million new infections every day in the US—10 times higher than the official count.
Read 4 tweets

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