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Sep 21 • 13 tweets • 5 min read
BREAKING: Appeals Court panel *grants* DOJ request for a stay of parts of Judge Cannon’s ruling.
READ the full 29-page ruling: politico.com/f/?id=00000183…
"[Trump] has not even attempted to show that he has a need to know the information contained in the classified documents.
Nor has he established that the current administration has waived that requirement for these documents."
politico.com/f/?id=00000183…
The unanimous three judge panel:

Andrew Brasher: Trump appointee
Britt Grant: Trump appointee
Robin Rosenbaum, Obama appointee

politico.com/f/?id=00000183…
The panel delivered a pointed critique of Cannon's reasoning, describing it as "self-evident" that DOJ must review the potential disclosure of national security secrets to prevent harm to the public. politico.com/f/?id=00000183…
The panel also rejects Trump's claim that he mau have declassified some of the documents, saying that he's presented zero evidence to support it.

In fact, the panel doesn't event entertain it, repeatedly calling the documents unequivocally classified. politico.com/f/?id=00000183…
The thrust of the ruling: politico.com/f/?id=00000183…
The panel also agreed that disclosing the classified records to the special master would simolarly harm the government. politico.com/f/?id=00000183…
MORE: The three-judge panel — two appointed by Trump and one by Obama — concluded that Cannon like abused her discretion in the way she barred DOJ from accessing classified documents.

politico.com/news/2022/09/2…
Appeals panel, in a very "we can't beleive this needs to be said but..." tone:

"Classified documents are
marked to show they are classified."

politico.com/news/2022/09/2…
MORE: The appeals panel calls the issue of declassification a "red herring," noting that even if true, Trump would still have no personal interest in retaining the records. politico.com/news/2022/09/2…
Appeals panel also rejected Trump's claim that the appointment of a special master was unappealable, since it was intertwined with the obviously appealable decision to enjoin the criminal investigation.

politico.com/news/2022/09/2…
similarly* obviously.

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More from @kyledcheney

Kyle Cheney Profile picture
Sep 22
! TRUMP to Hannity on declassifying documents:

There doesn’t have to be a process, as I understand it. If you’re the president of the United states, you can declasify ... **even by thinking about it**"
This raises all kinds of questions like, what happens if a president dreams about declassifying top secret intelligence, or hands someone w/o a clearance a declassified document and then mentally classify, subjecting them to legal jeopardy.
Trump also suggests he didn't know Raymond Dearie but thought he might've been skeptical of DOJ because of his involvement in signing the fourhter FISA warrant for Carter Page.

"He was stung badly by that. The people in the Justice Department lied to him."
Read 4 tweets
Kyle Cheney Profile picture
Sep 21
NEWS: The NY AG is suing Trump and two of his kids, alleging a massive campaign of fraudulent business practices by the Trump Org.

She's also urging federal prosceutors and the IRS to pursue criminal probes.

Details TK
The wide-ranging lawsuit alleges decades of deception and relies on a statute for repeat violations of law. The suit stems from a 3.5 year investigation that began with Michael Cohen's tesimony to Congress alleging Trump inflated value of assets to win favorable financial deals.
JAMES: “The complaint demonstrates that Donald Trump falsely inflated his net worth by billions of dollars to unjustly enrich himself and to cheat the system, thereby cheating all of us."

More, w @joshgerstein
@erinmdurkin, who are live from NYC)
politico.com/news/2022/09/2…
Read 10 tweets
Kyle Cheney Profile picture
Sep 20
HAPPENING NOW: I have dialed in to Judge Dearie's courtroom, and apparently the system has left every single caller unmuted -- so it sounds roughly like midtown at rush hour, but with the added benefit of dozens of people screaming at each other to shut up.
This is truly the soundtrack of my nightmares, people who sound demonically possessed yelling "MUUUUTE" at inhuman decibel levels and getting increasingly furious that no one is listening.

Moral: Never dial in 20 minutes early.
Someone is now piping elevator music into the call after another caller sang America the Beautiful. Another man hypnotically reciting "Trump is a criminal." Since I dialed in, a woman has been shrieking "Mute your phones!" consistently every 10-15 seconds.
Read 8 tweets
Kyle Cheney Profile picture
Sep 20
JUST IN: Trump has filed a 40-page response to DOJ's appeals court filing. Among their arguments: Trump's handwritten notes on potentially classified documents may make them subject to executive privilege claims. politico.com/f/?id=00000183… Image
Trump's main argument against a stay:

*DOJ* (not him) hasn't proven the documents are still classified.

...Not sure how they would do this other than to point to the classification marks and absence of evidence otherwise.
politico.com/f/?id=00000183… Image
And it's important to note (hi @emptywheel), DOJ subpoenaed all docs with classification markings, regardless of whether they remain classified, which prosceutors say is immaterial to their need to recover them. politico.com/f/?id=00000183…
Read 8 tweets
Kyle Cheney Profile picture
Sep 19
JUST IN: DOJ has proposed a rough process for the special master review of the seized Mar-a-Lago documents. It would rely on a "Relativity" platform operated by an outside vendor to permit access to both parties and help speed the review.

storage.courtlistener.com/recap/gov.usco…
It's a not too dissimilar process for how evidence is shared with defendants in the Jan. 6 investigations. The government contracted out a massive database project to Deloitte, which built a Relativity database.

storage.courtlistener.com/recap/gov.usco…
The government wants Trump's lawyers and any vendors to sign a protective order to impose strict limits on sharing any documents reviewed as part of the special master process. storage.courtlistener.com/recap/gov.usco…
Read 5 tweets
Kyle Cheney Profile picture
Sep 19
NEW: The House's newly filed Electoral Count Act reform mirrors the Senate's in most substantive ways. A couple differences: it more clearly defines what the "catastrophic" events that would permit a state to extend its voting period.

(Senate bill left definition to the states)
It also permits a court to impose triple damages against any candidate who doesn't make a "good-faith" challenge to states' post-election procedures.

docs.house.gov/meetings/RU/RU…
House bill seems to get more specific in several areas than the Senate bill. For example, it contemplates a rogue Archivist refusing to transmit a legitimate elector slate to Congress. docs.house.gov/meetings/RU/RU…
Read 4 tweets

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