Last week, Trump's defense team asked Judge Cannon for an order re-establishing his SCIF so that he and his defense team could use it to review classified information related to his case.
Trump is seeking "special treatment that no other criminal defendant would receive and that is unsupported by law or precedent."
True.
"The proposed protective order requires that any discussion of classified information between Trump and his attorneys take place in a sensitive compartmented information facility (“SCIF”)"
Yep, and Trump has one of those.
Several times in Trump's motion they state that classified material will NOT be housed/stored in the SCIF and they are not seeking for it to be stored there.
From their motion:
Smith ain't wrong here. It is certainly an "accommodation that deviates from the normal course of cases involving classified discovery."
Government’s proposed protective order contains the following provisions:
"In the Government’s view, the particular SCIF(s) that can be used for such discussions should be determined by the CISO in consultation with the defense, and if necessary, the Court..."
CISO previously accredited Trump's SCIF. I wonder if Cannon will ask for their input?
"Trump continues to seek special treatment that no other criminal defendant would receive."
"In essence, he is asking to be the only defendant ever in a case involving classified information [] who would be able to discuss classified information in a private residence."
Yep. 😎
Smith goes on to talk about how many guests &events Mar-a-Lago has in an effort to make it seem less secure and a poor choice for a SCIF.
However, this was not an issue during Trump's Presidency, as MAL continued operating as a club with an accredited SCIF somewhere inside it.
Plus, MAL has lots of security, Trump has SS, and as Trump's motion states,
"a member of the prosecution’s trial team has visited Mar-a-Lago... and is therefore personally aware of the differences between President Trump’s residence and that of “any private citizen.”"
It doesn't need to be created. It already exist. It even received an almost $600k upgrade last year.
"as long as the classified information at issue—which includes a significant amount of SCI—is discussed in an accredited SCIF in compliance with Intelligence Community Directive (“ICD”) 705 and applicable laws and regulations, the Government defers to the CISO"
Nauta is on a case-by-case basis for his access to classified discovery.
"The classified discovery in this case goes well beyond the charged documents..."
"...the classified discovery will include other classified documents... brought from the WH to MAL, classified emails about highly classified briefings... and... classified witness statements..."
"For classified information, the burden is not on the Government to show why a defendant should not have access. Instead, the defendant, like anyone who accesses classified information, must have a demonstrable need to know it."
"The Government’s proposed protective order (1) provides sufficient flexibility for counsel for Defendant Trump to discuss with him in any SCIF authorized by the CISO..."
Good. Let's get the CISO to authorize/accredit Trump's MAL SCIF.
Thoughts:
I love this battle. It confirms the existence of the MAL SCIF, which many BELIEVED was there, but now we KNOW.
Several fmr Presidents have SCIFS at home too, and I think THAT is the primary point of all of this- cutting the template for future cases.
😎
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President Trump's defense team today asked Judge Cannon for an order providing for the "re-establishment of a secure facility" "at or near his residence."
"...the previously approved location is extraordinarily secure and obviously suitable and acceptable as it was used for… https://t.co/8DVOEWE6txtwitter.com/i/web/status/1…
🧵
Special Counsel Jack Smith's Second Indictment of President Trump
Gonna start this thread now and then finish later tonight or tomorrow as I have time.
Before we get into it, let's reflect on who told us this was coming and when it would arrive: Trump.
Trump always knows.
When the indictment was docketed it was sealed, but only until 5:30pm that same day. Last time, Smith wanted it sealed until Trump's first appearance. Trump blew that up by telling everyone about it, haha.
Trump has been hit with three more felonies (two for obstruction, one for retaining a classified document) and a new defendant has been added to the case, Carlos De Oliveira, a Mar-a-Lago employee.
Trump now faces 32 counts of retaining NDI and 8 counts of obstruction. https://t.co/xsgtOqcwOJ
Yeah, this is where/when things broke down this morning. After these exchanges the court recessed so the sides could talk it over.
Before the judge was a memorandum of the plea agreement, an exhibit (statement of facts) a sealed attachment, AND a diversion agreement for the gun… https://t.co/KdSS94acqQtwitter.com/i/web/status/1…
JUDGE: So have you ever seen... a Diversion Agreement where the agreement not to prosecute is so broad that it encompasses crimes in a different case?
MR. WISE: No.
JUDGE: We're going to talk about that. You can sit down.
"These proposed redactions are necessary to protect the identities of witnesses and law enforcement personnel, to maintain grand jury secrecy..., and to conceal the government’s investigative avenues and techniques to the extent they were not revealed… https://t.co/1ES3Tv0WRH https://t.co/pHa1tXGUxTstorage.courtlistener.com/recap/gov.usco… twitter.com/i/web/status/1…