Per @CommandMagnetic request for tl;dr summary of THREAD: Yesterday Trump & DOJ filed "agenda" items of what they want to discuss with Special Master Judge Cannon appointed at today's 2 p.m. meeting. Several key things learned detailed below, but in sum. 1/
2/ Trump's agenda letter revealed Special Master had already put together proposal which suggested: 1) everything done by Oct. 7; 2) that magistrate who signed search warrant decide issues related to property return called Rule 41; 3) that Trump tell him NOW what he declassified.
3/ Trump objects to all three of those points, proposing longer time frame & saying other points are not within Special Master's authority. Key is that Trump claims what he declassified is relevant to his request for return of property which is what I've been saying all along.
4/ If documents marked classified were declassified and copies, they are Trump's personal property. Gov't proposal doesn't disclose much but they want 2 days to object to Trump's team who sees documents.
5/5 And DOJ wants to wait for 11th Circuit to rule on stay to decide anything re the documents marked classified. For more detail with relevant portions of "agenda" letters, see thread I retweeted at start.
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THREAD: I haven't written on developments in Trump's Special Master case because I've wanted to noodle on things more & also it is so fast moving by time I wrote, edited, etc. it could be outdate, but here are my thoughts starting with 11th Circuit. 1/
2/ From briefing, my gut is 11th Cir. will allow DOJ to continue criminal investigation but not prevent Special Master from handling materials marked classified. I'd wager a decision will hit today or tomorrow on that & losing party will immediately seek S.Ct. reversal.
3/ On Special Master process, this here is key: Dearie and Cannon can talk without parties being informed, involved etc. IMNSHO no way Dearie doesn't talk with Cannon before proceeding & Cannon will be deferential to his input b/c of his experience. My gut is she will say
THREADETTE: Let's play a little "what if," experiment. What if Special Master reviews documents marked classified & NONE are still classified. That destroys entire "national security risk" peddled by DOJ & leaks to media. Yes, they will pivot to "obstruction," but problem 1/
2/ there given everything gov't says, it understandable those searching missed documents out of some 11,000. See here. thefederalist.com/2022/09/02/dej… Now, could there really be obstruction? Sure. I'm just doubtful.
3/ On other hand, if review shows documents marked classified remain and should remain classified & are damaging to national defense, that would be devastating to Trump as would solid evidence of obstruction. Yet it is DOJ who knows what is in those documents that DEMANDS
BREAKING: DOJ & Trump file proposed agenda items for Special Master. Key take-aways: Special Master proposed schedule to end in early October; DOJ is acting as if it already has a stay while it waits for 11th Circuit to rule on its motion for a stay. 1/storage.courtlistener.com/recap/gov.usco…
2/ For instance, DOJ doesn't propose way forward for documents marked classified AND doesn't propose protective order for them. That's not how this works. You do it until 11th Circuit says you don't have too.
3/ Gov't wants 2 days notice to object to people on Trump's team seeing documents. And wants everything kept secret with protective order...while DOJ leaks.
2/ So this is how the gov't will prove Danchenko invented Millian phone call.
3/ First portion of Durham's brief addresses Danchenko's argument that questions were ambiguous or his answers literally true. Danchenko' attorney made strong argument but Durham's counter fully and completely devastates the argument IMNSHO so that argument should fail.