CrimsonPhantom
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DOJ Releases Supposedly Damning Photo in Late-Night Filing, Donald Trump Responds
Quote:The DOJ was apparently open late on Tuesday night after they dropped a filing in an attempt to block Donald Trump’s request for a special master regarding the Mar-a-Lago raid. The FBI searched the property and took boxes of classified information on August 8th. For Trump’s part, he has steadfastly asserted he declassified everything he took, and his presidential powers would have given him that ability prior to leaving office.
Following a recent admission that the FBI took attorney-client privileged information, the former president asked the court to appoint a third-party special master to review all the documents. The judge in the case then released a preliminary decision to do just that, which sent the DOJ into fits of rage.
That’s basically what their filling consists of. It’s the same tired, weak excuses about “national security” in an attempt to never be held accountable. It also included a picture of the documents scattered on the floor that is causing hearts to flutter. Jonathan Turley offers some insight.
The Department makes many of the same claims that it used to opposed the release of a redacted affidavit, claims shown to have been misleading and exaggerated after the magistrate ordered the release. Notably, this filing contained details that were likely redacted in the affidavit but just released on the public record.
In the most direct challenge to the former President’s public claims, the Justice Department claimed that he and his staff had failed to turn over classified material and that the Department had no choice but to search areas outside of the storage room. Indeed, it says that it found three classified documents in Trump’s desk without indicating the level of classification or subject matter.
Frankly, the idea that a special master would harm the nation’s security just makes no sense. This is the same DOJ that has been leaking details of what they found like a sieve, including a claim about nuclear documents. Now, we are supposed to believe that a third party with a security clearance sorting through the material and generally noting what he’s found is dangerous. That doesn’t begin to wash, and it sounds like the same weak excuse given as to why the affidavit couldn’t be released.
Besides, isn’t it a little ironic to release a picture of the classified documents while at the same time claiming they are so sensitive a special master can’t view them? I understand the cover sheets don’t say much, but the visual alone is moronic.
It is curious that the DOJ would release this particular picture which suggests classified material laying around on the floor. The point is to state a fact that hardly needs an optical confirmation: the possession of documents with classified cover sheets. Indeed, the top of roughly half of the documents are redacted in photo. The government could simply affirmatively state the fact of the covered pages and would not likely be challenged on that point without the inclusion of this one photo.
For critics, the photo may appear another effort (with prior leaks) to help frame the public optics and discussion. Clearly the court did not need the visual aid of a picture of documents with covers. It seems clearly intended for public consumption.
As Turley notes, the photo is going to be seen by many as another attempt to push a public narrative (because it is). The photo itself adds nothing to the DOJ’s case. We already knew classified information was found because Trump himself has admitted to having it. The only reason to release that photo is to make it seem like Trump had classified documents strewn all over the floor. The picture is clearly staged, with all the “top secret” cover sheets perfectly framed for the camera, and the DOJ isn’t even denying that they laid the documents out that way.
Trump responded to the filing on his social media network.
Trump’s assertion about declassifying the documents remains the cardinal issue. It does not matter what the FBI found if the president had the right to possess it, and there is no question that presidents have total power over document classification. That’s exactly what the court is trying to figure out, and the DOJ’s filing once again assumes facts not yet in evidence, i.e. that Trump broke the law in having the documents.
As I’ve opined before, there’s a difference between the legal question here and whether Trump made strategic blunders in the process. If he had Russia-gate documents, he should have absolutely released those before leaving office instead of handing the DOJ another two-year legal battle on a platter. Still, he is not a criminal for exercising his power as president, and I believe this judge (who was appointed by Trump) is deadset on handling this fairly, without a nod to the bureaucracy’s corruption.
Link
The Biden DOJ Attaches Photo of ‘Top Secret’ Mar-a-Lago Docs — Then People Instantly Spot the Problem with It
The DOJ's Response to Trump's Call for a 'Special Master' Is Proof We Need More Transparency
Quote:About 30 minutes before last night’s deadline, the Department of Justice filed a nearly 40-page report further laying out their case against Donald Trump and justifying the raid at Mar-a-Lago.
In the long document, the DOJ presents its most damning evidence that Donald Trump committed a crime, citing a clearer sequence of events, including photographs in the document, and refuting Trump’s argument that a “special master” is necessary for document review.
Most of the media’s reaction to the filing is, of course, on the DOJ’s evidence. They are largely devoted to the idea that Trump is guilty of all things, and as such, they need to focus on the evidence. As my colleague Bonchie discussed earlier, legal experts like Jonathan Turley have laid out the case that the DOJ’s argument is weak. Others are particularly interested in the arguments that the former president can’t claim privilege to avoid criminal prosecution, that he didn’t claim privilege in his original conversations with the National Archives, and that he does not own the documents because they are property of the United States government.
But Trump’s claim that there needs to be transparency is not off-base. In this one massive filing, we have more information now than we ever had before, and some of it undermines the previous reporting on the matter between the FBI and Trump.
Earlier this month, when the raid was fresh on our minds and when the DOJ was apparently just flooding the zone with leaks to the media, I got frustrated with how much confusing information was out there. Now, not only is it confusing, but some of it is contradicted by this filing. Originally, the leaks said this was about stuff that needed to be turned over to the National Archives. Then, it was about nuclear secrets. Then it was obstruction of justice.
The media reporting on the raid and the FBI’s justification changed numerous times. Some of it is upheld in last night’s filing. Some of it is contradicted or scaled back a bit. But still, some of it is just wrong.
That is where the need for transparency that Trump called for needs to come in. Had the DOJ been more forthcoming (yes, I know it was about preserving the integrity of the investigation but you’re raiding the home of a former president and quite possibly a future candidate for president) then those reports would not have been needed, and anonymous leakers from the DOJ would not have needed to drop salacious information to reporters. Had Merrick Garland not waited five days and had a statement ready to go, explaining what happened and what they were looking for, this would have become a much less confusing news story.
But because the DOJ withheld so much, and because they weren’t doing anything to stop the internal leaks to the media, what we got was a winding road of this and that and a lot of angry people shouting talking points that are no longer valid.
This is the type of transparency that is desperately needed, and it goes beyond Trump.
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