Under the Presidential Records Act, records received by the President and staff are "presidential records."

Including classified records.

Former Presidents have unfettered access to all their records.

Judge Cannon simply ordered those marked classified must get reviewed first.
Special Master's job is to divide 11,000 records into 4 buckets, with a recommendation to Judge Cannon:

1. Personal (not privileged)

2. Personal (privileged)

3. Presidential (not privileged)

4. Presidential (privileged)

Classification is irrelevant--other than prioritizing.
Remember, all records marked classified almost certainly came from a U.S. intelligence agency.

Trump likely received a COPY of these 100 records.

The agency that drafted the record has the ORIGINAL.

So why does Biden DOJ need immediate access to Trump's COPY of his records?

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More from @mrddmia

Sep 22
11th Circuit didn't address these key legal points.

Again, under Presidential Records Act:

1. Records "received" by the President are presidential records

2. He determines what are "personal"

2. Former Presidents get unfettered access to their records

Including classified.
Read 13 tweets
Sep 17
Biden DOJ files emergency motion with 11th Circuit to stay Judge Cannon's special master order.

First sentence proves DOJ still has willful misunderstanding of Presidential Records Act.

Trump has statutory right to take and keep his presidential records, even classified.

Deny.
Read 21 tweets
Sep 15
Good for Judge Cannon.

She didn’t cow to the Biden Justice Department’s bullying.

And the 11th Circuit isn’t going to reverse her even-keeled, well-reasoned decision.

The Biden DOJ is clearly terrified another federal judge will check its homework.

What are they hiding?
Biden DOJ waited 18 months to get these records from Trump.

We've only had leaks from these records *after* the Biden DOJ took them.

Biden DOJ proved their bad faith by arguing a brief pause to allow an independent check will "harm our national security."

No credibility left.
Every President gets to have candid, confidential discussions with aides.

Without Congress or courts getting their hands on it.

Executive Privilege.

Presidents can't function without it.

To "get Trump," Biden claimed to waive it.

Special Master will help resolve key dispute.
Read 7 tweets
Sep 13
Biden DOJ is slowly waking up to what we've said all along:

1. President has constitutional power to declassify anything.

2. And statutory power to keep any of his records.

They're still pretending he has no right to his classified records.

Wrong again.storage.courtlistener.com/recap/gov.usco…
Read 7 tweets

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