1/ BOOM - Former GOP officials file friend of the court brief with the 11th Circuit saying Judge Cannon got it wrong. The TOC reflects the core arguments, including that an ex-President is entitled to no greater protection under the law than any other citizen.
2/ A friend of the court brief is an 'amicus' brief. It's filed by people who are not a party to the case - not the DOJ, not Trump - who believe they have an interest in the court's decision. So they ask a court - here the 11th Circuit - to also consider their legal arguments.
3/ The 'friends of the court' or 'Amici' here are: Ex-federal & state officials Donald Ayer, John Bellinger III, Gregory Brower, John Farmer Jr., Stuart Gerson,Peter Keisler, Alan Charles Raul, Olivia Troye, William F. Weld, and Christine Todd Whitman. Short bios below.
DOJ APPEAL FILED. Beauty opening sentence: "The district court has entered an unprecedented order enjoining the Executive Branch’s use of its own highly classified records in a criminal investigation with direct implications for national security."
Another gem: "The court’s order hamstrings that investigation and places the FBI & DOJ under a Damoclean threat of contempt should the court later disagree with how investigators disaggregated their previously integrated criminal-investigative and national-security activities...
..."It also irreparably harms the government by enjoining critical steps of an ongoing criminal investigation and needlessly compelling disclosure of highly sensitive records, including to Plaintiff’s counsel."
1/ Thread: FBI Probable Cause Affidavit. More Revealed. This thread shows information we can see in this filing that is blacked out (or redacted) in the earlier probably cause affidavit filing. Here is a link to the full new, less redacted, affidavit. storage.courtlistener.com/recap/gov.usco…
2/ Paragraph 3. The second sentence is redacted in the eariler filing. It notes that documents containing 'national defense information' were stored in an 'unauthorized location' and were turned over by Trump in response to a grand jury subpoena.
3/ Paragraph 55. All of this is redacted in the earlier filing. It refers to Trump reps, presumably lawyers Evan Corcoran and Christina Bobb interacting w/DOJ. It includes a 'certification', reportedly signed by Bobb, saying all was turned over, which was not true.
This. Is. Nuts. On May 6 NARA told Trump they thought docs were at Mar-a-Lago. 3 days later, on May 9, Trump and aides were moving boxes to a private plane going from Mar-a-Lago to Bedminster. @petestrzok connected the dots and @cwebbonline made the video.
JUST IN: DOJ's response to Trump's 'Special Master' request. The DOJ fills in a slew of facts conveniently omitted from Trump's misleading request. This should be an eye-opener for the judge. Not good for Trump. Not good at all. Summary of Argument⬇️. Full filing after the jump.
Trump's reply is due at 8:00 pm tomorrow. A hearing is scheduled for Thurs, Sept 1 in front of Judge Aileen Cannon. Appointed by Trump in 2020. Federalist Society member since 2005. Practicing law since 2008. What will Cannon do? Full DOJ filing here: storage.courtlistener.com/recap/gov.usco…
And check out this thread for another filing that was made tonight. A friend of the court brief by several former prosecutors, with highly respected lawyers representing them, laying out arguments why Trump's 'Special Master' request should be rejected.
1/ 𝐓𝐡𝐫𝐞𝐚𝐝 - More Trouble for Trump Connected Lawyer. NYT reports that a lawyer for Trump provided the DOJ with a written statement that all docs marked classified were returned. This could have disastrous ramifications for the attorney. What else has happened to lawyers...
2/ ...connected to Trump?
Rudy Giuliani. The FBI raided Rudy over a year ago and seized 18 devices. Rudy's NY bar license is suspended. As for his DC license, a disbarment hearing is scheduled for Oct. He's also been subpoenad in the Fani Willis Georgia criminal investigation.
3/ Jeffrey Clark. Authorities recently searched Clark's home while he stood outside in a dress shirt and drawers. Clark was Trump's DOJ stooge who championed false claims of election fraud. Others in DOJ said there would be mass resignations if Trump installed Clark at the top.