(Charles Trainor Jr./Miami Herald/Tribune News Service via Getty Images). You make that decision. Can you point out a single instance anytime anywhere where any person has been prosecuted for mere posession. The 11th Circuit Court of Appeals dashed former President Donald Trump's hopes that his attorneys could review the 100 documents marked classified that the FBI seized during a raid of his Mar-a . Latest Published Opinions. UNITED STATES COURT OF APPEALS . Market data provided by Factset. There is no legal problem with Trump having access to copies of ALL seized material. A judge read the entire affidavit and determined that there was probable cause that these crimes had been committed. You are claiming that Trump legally possessed these documents up until the moment that Biden took the oath of office and that DOJ has themselves between a rock and a hard place. The appeals court also granted the DOJ's motion to expedite the appeal, which Trump's lawyers opposed. Because you are sending it to Mar-a-Lago or where ever you are sending it. A three-judge panel of the U.S. Court of Appeals for the 11th Circuit agreed to put on hold a lower court's order that kept the subset of sensitive records off-limits for the Justice. Petitioner began supporting the Nepali Congress Party ("NCP") in 2013. 2022 FOX News Network, LLC. the Department of Justices (DOJ) request to expedite its challenge to the legality of having a special master review documents that were retrieved in August from former President Donald Trumps Mar-a-Lago residence in Palm Beach, Florida. Turley reveals some scepticism about the Presidents executive authority over declassification, but avoids the alternative question: which bureaucrat has been bestowed with the executive authority to contradict the President on a matter or manner of declassification? You can reach her at Brooke.Singman@Fox.com or @BrookeSingman on Twitter. Failure to comply with 11th Cir. What is occuring with Trump right now is much like DeSantiss exposure of the hypocracy of the elites at Marthas vineyard. You have problems with dates. In the interview, Trump suggested that he could declassify any or all documents with a thought. It is a position likely to further alienate both the Special Master and the appellate court, which have already expressed frustration with the lack of support offered for declassification claims. Thanks to the 11th Circuit stay, the FBI can now continue its investigation. Many legal experts believe the appointment was unnecessary, as the DOJ already had a separate team of researchers determining whether or not the documents were privileged. Nor did I opine as to govts use of such documents for criminal investigation, -I was expressly talking about the constant back and forth ON THIS BLOG SITE about the classification or declassification of documents (and parallels to national arguments among legal experts). . CNN A federal appeals court is allowing the Justice Department to continue looking at documents marked as classified that were seized from former President Donald Trump's Mar-a-Lago resort. Yet, again it is NOT an illegal act. Focusing on both national and local topics since the early 2000s, he has produced thousands of articles analyzing the issues of the day and their impact on the American people. Rules 26.1-1 through 26.1-4 may result in dismissal of the case or appeal under 11th Cir. But all laws and norms have been flipped on their heads to get Trump. It may shed light on, for example, how the materials bearing classified markings were transferred to plaintiffs residence, the DOJ said. I would further note that the PRA bars the Current president from access to the records of the prior president even if they are classified without going to court. But that has never been necessary to an investigation. The Justice Department can then submit its final reply by Nov. 17. You keep missing the fact that neither NARA, nor DOJ nor FBI, nor the WH have actually gotten a court order. However, Trump is stating that he may not even have to utter a word of declassification to effectively negate the process of declassification as well as the status of documents. That has not occured. The pressure is now on the Litigant-in-Chef to convince the Court the process is warranted. The United States Court of Appeals for the Eleventh Circuit is a federal appellate court with appellate jurisdiction. DOJ is appealing an order restricting the review of records seized from Trump's Mar-a-Lago estate. magically Bidens act caused Trump to have committed a crime without acting. You are, of course, free to indulge that red herring here. Case No. Conversely, it could take this strong language as an indication that the panel could be skeptical of the very appointment itself. for the Southern District of Florida _____ INITIAL BRIEF OF INTERESTED PARTY-APPELLANT, INSTITUTO COSTARRICENSE DE ELECTRICIDAD . Get daily news, in-depth reporting and critical analysis from the journalists, activists and thinkers who are working to improve our world.. Thomas was the sole dissenter in a case involving Trump and presidential records earlier this year. I would further note you are making a ridiculously stupid legal argument. Plaintiff likewise fails to rebut the motions showing that the injunction is irreparably harming the government and the public. Judge Cannons order on the classified documents was the most controversial element of her appointment. 2. No decision made on whether Michigan candidate who attempted to gain access to voting machines will be charged, What to watch in the high-stakes 2022 midterm elections, Colorado voters take on the states soaring housing costs, Sabato makes final calls for control of US House, Senate, gubernatorial races. None of the know facts supports a warrant. finds declassification irrelevant to access for criminal investigation. The big picture: The 11th U.S. OUTSIDE of my original comment and your irrelevant comment, we both agree that the 11th Cir. This material may not be published, broadcast, rewritten, or redistributed. 11-12802-GG . . There doesnt have to be a process. My guess is that he has shown how corrupt every institution of government in the US is and he, in his second term was going to dismantle the corrupt agencies and either fire or prosecute the guilty traitors in the bureaucracies. Before you drain your brain thinking of the crime you need to get your dates straight. Trump had asked the Supreme Court to intervene, requesting that Justice Clarence Thomas, who has jurisdiction over the 11th Circuit, reverse the courts ruling that allowed the Justice Department to continue its review of classified documents seized by the FBI, and instead direct Dearie to review those records. 404-335-6100 Candor Tribunal. The U.S. Court of Appeals for the 11th Circuit has agreed to the Department of Justices (DOJ) request to expedite its challenge to the legality of having a special master review documents that were retrieved in August from former President Donald Trumps Mar-a-Lago residence in Palm Beach, Florida. In the filing U.S. Court of Appeals for the 11th Circuit filing, the DOJ said the circuit court should pause part of the lower court decision that prevents prosecutors from relying on the . Recall JFK showing classified photos of Cuban missile sites on national television. Brooke Singman is a Fox News Digital politics reporter. There is a real legal standard to be met that establishes whether an act that has political benefits is otherwise legitimate. However, the resulting order to expedite the case still doesn't allow the government to move as fast as it desired. It would be like saying SCOTUS judges must go to prison for ruling one of Congress laws unconstitutional Congress literally has no power to pass such a law, so in the case of a POTUS giving themselves documents to take into retirement it MUST be presumed they performed all the actions (declassification, authorization to possess the documents) to do so. It is nonsense like that that is a direct consequence of the stupid interferance by the 11th circuit court of appeals. The 11th Circuit Court of Appeals ruled to grant the DOJ's request to expedite its appeal, setting a schedule that requires Trump and the DOJ to finish submitting legal briefs to the court by . 56 Forsyth Street, N.W. Trumps teams response should be Prove I didnt. As previously discussed, this was the smart move by the Justice Department to first seek access to this small group of documents with classified markings, the strongest of its arguments against the order. She was not prosecuted for possession because that is NOT enough. Appeal from the United States District Court . [1] https://justthenews.com/sites/default/files/2022-09/gov.uscourts.flsd_.618763.125.0.pdf, https://www.documentcloud.org/documents/22924672-motion-for-extension-of-time. Your comment is wholly non-responsive to the gist of mine. In the meantime, former President Donald Trump gave a full hour-long interview with Foxs Sean Hannity, a risky decision in a case with potential criminal charges. The damning evidence of prior politicization of the FBI/DOJ requires that DOJ/FBI prove their actions are not political to the PUBLIC, NOW. Powered and implemented by FactSet Digital Solutions. (d) The governments position is that FPOTUS was not lawfully in the possession of these documents. ", WASHINGTON, DC - AUGUST 11: U.S. Attorney General Merrick Garland explains to reporters that he will not take questions after he delivered a statement at the U.S. Department of Justice August 11, 2022 in Washington, DC. It is not about admitting it. The DOJ must submit a brief arguing why it believes a special master isnt needed by October 14, while Trumps lawyers must submit a brief by November 10. The application to vacate the stay entered by the United States Court of Appeals for the Eleventh Circuit on September 21, 2022, presented to Justice Thomas and by him referred to the Court is denied. The 11th circuit appeal court erred, but ultimately the FBI was getting the material marked classified. I say appears to be because this is conjecture on my part, I had a security clearance years ago when I clerked for the DOD, but that was in the 90s. For there to be a crime The question now is whether the Justice Department will push forward to seek to challenge the rest of the order and the very basis for the appointment of the Special Master. More than 11,000 government documents 300 of which were classified have been retrieved from Mar-a-Lago in 2022. These are all ACTS. https://www.onenewspage.com/video/20220923/14956099/Guess-Where-Obama-Clinton-and-Both-Bush-apos.htm. Julie Elizabeth Carnes. Trump must have moved the documents AFTER he was no longer president, This was a very strong opinion, though the panel emphasized that We stress the limited nature of our review: this matter comes to us on a motion for a partial stay pending appeal. I did not say a word about the 11th Cir. As I said: there are ALLEGED crimes that were the basis for the warrant. Will criminal charges be filed in the Trump-Mar-a-Lago investigation? Now on a more practical note, it does stand to reason that if POTUS literally wants mountains of classified material in the possession of government declassified then he must communicate that decision so those in possession of those documents are aware and may re-file them appropriately. The 11th Circuit in the Wednesday filing also set the deadline for all briefs to be submitted to the court by Nov. 17. (Photo by Drew Angerer/Getty Images) [e] Charges of mishandeling sensitive information are based on national defense information. Trump is appealing that ruling to the U.S. Supreme Court, but he is widely expected to lose that appeal. Yesterday, FNN aired two episodes about this legal saga: 1.in a 5 segment On Sunday Night in America, former AG Bill Barr weighed in with his opinion [1]: If these documents are the collusion delusion documents that Trump declassified THIS GOVERNMENT MUST FALL. You really think ordinary people Trust the FBI/DOJ or the courts on this ? It is likely more important that the people KNOW that our law enforcement is not corrupt, than protecting whatever secrets these documents contain. Dearie was tasked with reviewing approximately 11,000 records seized by the FBI during its raid of Trumps private residence. The president is authorized to possess NDI anywhere. ", Ex-CIA director and an MSNBC contributor suggest the execution of Former President Donald Trump after Washington Post claim that the FBI raid sought out "nuclear" documents. On Wednesday, the United States Court of Appeals for the Eleventh Circuit narrowed the order of U.S. District Judge Aileen M. Cannon by allowing the Justice Department to regain access to the roughly 100 classified documents seized among roughly 11,000 documents at Mar-a-Lago. An Oct. 5 order assigned the appeal to an 11th Circuit special merits panel and gave the DOJ until Friday to file its initial brief, with Trump's response due Nov. 10. Had anyone else done that, they would have been committing multiple felonies. A panel of judges on the 11th U.S. 2. Truthout is a nonprofit and depends on your financial support. As the government has explained (Mot. Though the DOJ is now allowed to look at the classified documents, the department stated in its brief why it believes examining all of the material is important. A federal appeals court is allowing the Justice Department to continue looking at documents marked as classified that were seized from former President Donald Trumps Mar-a-Lago resort and home, upending a trial judges order over those documents that had blocked federal investigators work on them. Friday, October 14, 2022, 5:50 PM. And thus far they have not shown anything. Donations are down across the board, making it absolutely imperative that we raise what we need to meet our news production costs this month. October 5, 2022 The 11th Circuit Court of Appeals has granted a request from the Justice Department for an expedited schedule for dealing with an appeal from the department of the selection of what's called a special master to take over key components of dealing with records seized by FBI agents from Mar-a-Lago. There is so far not an actual crime alleged regarding Trump. Jun. Trumps lawyers had argued against the DOJs claims that a special master was unnecessary in a brief they submitted earlier this week. The FBI allowed Her lawyers to review the contents of her server and decide what government was allowed to have. Again this was beaten to death when Mueller idiotically tried to speculate that Trump engaged in obstruction of justice. SPECIAL MASTER TAPS RETIRED JUDGE WITH TOP SECRET CLEARANCE TO AID IN REVIEW OF SEIZED MAR-A-LAGO RECORDS. The authorization existed. Further, nearly all appeals and particularly this one on on the LAW, issues of fact must all be assumed in favor of the non-moving party. You are wrong. The 11th Circuit Court of Appeals issued an order shortening the timeline for the Justice Department and Trump's lawyers to finish submitting legal briefs to the court by November 17 after the DOJ . Citing the Musical Hamilton, Crickets: Illinois Professor Publishes Racist Attacks Against Herschel Walker With No Outcry from the Faculty or Media, Biden's "Bottomless Pinocchio": Washington Post Hits the President With Rare Rebuke for Repeated False Claims, Constitutional Defamation: Democrats, not Democracy, are in Danger this Election. Where is a law that says: The FORMER President is not authorized to possess NDI.? Published Those photos were pulled from an envelope with Top Secret markings, and they were the Crown Jewels of our spy satellite programs. Mere posession particularly authorized possesion which you clearly have in Trumps case absent proving actual theft AFTER Bidens inauguration, She should have been prosecuted for butting those documents onto the internet, for providing the to unauthorized people, for acquiring them illegally, for allowing them to be copied to Huma Adedins laptop. Trumps possession does not become unauthorized because Biden takes the oath of office. , but he is widely expected to lose that appeal. He can no longer declassify or classify anything. CNN Sans & 2016 Cable News Network. While the government must show a knowing violation (as opposed to classified status), the Trump team has repeatedly declined to produce evidence of such a written or oral order, including any declaration from Trump or staff on such a decision. Former deputy assistant attorney general Tom Dupree weighs in after a special master was appointed to review the seized Mar-a-Lago documents on 'Your World.'. Pray for Courts! The decision on the motion pending appeal could give the DOJ an insight on whether the court is willing to go further on a more general rejection of the order.. appreciated. It is more important that the people KNOW that our law enforcement is not tainted by political corruption that that a dozen criminals go free. or redistributed. Marjorie Taylor Greene v. Secretary of State for the State of Georgia, et al. A crime is still AN ACT. thanks anyway, (and I will, as always, let you get the last word in, so you will not erroneously interpret my subsequent silence as acquiescence.) ( 1950-10-31) October 31, 1950 (age 72) Atlanta, Georgia. It was not unexpected. Follow us for first access to the latest news and analysis. Youve created your own red herring with your numerous comments about Trump being in possession of stolen classified documents. That is how our system of justice is supposed to work. The filing in the U.S. Court of Appeals for the 11th Circuit came hours before attorneys for Trump and the DOJ were set to appear in federal court in Brooklyn, New York, to speak with. . Had the court sided with Trump, the process to determine the need for a special master would likely have lasted well into next year. It may shed light on, for example, how the materials bearing classified markings were transferred to plaintiffs residence, the DOJ said. Per the new schedule, the DOJ will present its brief on Oct. 14.. By Josh Kovensky | October 14, 2022 6:02 p.m. 121 The Florida judge who blocked the DOJ's investigation into classified records held at Mar-a-Lago undermined her own ruling, prosecutors said in a. You've successfully subscribed to this newsletter! Now Biden is using the actual power and tools of the executive DOJ/FBI to go after a political enemy WITHOUT evidence. This was the most likely outcome all along. POTUS can not declassify with a thought, because even the constitution requires the president to ACT to excercise power. Those inanimate documents were in the same place as they were one second later when the Presidency changed hands. The announcement from the 11th Circuit Court came on Wednesday. No. In this case Trump, but the standard for civil cases is low, and for non-final motions even lower. The FBI picked up records after the Grand Jury Subpoena. Will Trump be indicted for these crimes? The former presidents failure to support his declassification claims only magnified the problem with that part of the order. It is not good to show partiality in judgment. The special masters deadline to review the documents twas extended from 11/30 12/16/22. The only punch they pulled in that sentence was the word may in modifying the word unlawfully, which they felt necessary given the fact that determining whether someone has acted unlawfully must be determined by trial. by Sabrina I. Pacifici on Sep 19, 2022 On Friday September 16, 2022 the DOJ submitted its appeal to the 11th Circuit Court of Appeals IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT DONALD J. TRUMP, Plaintiff-Appellee, v. UNITED STATES OF AMERICA, Defendant-Appellant. If the DOJ chooses to respond to that brief, it must submit its response within a week. The District of Northern Georgia's 11th Circuit Court of Appeals then ruled Graham must testify and the questioning of the senator must be kept specifically to his efforts to persuade Raffensperger on the election results. All rights reserved. The Justice Department asked a federal appeals court Friday to lift a judge's order that temporarily barred it from reviewing a batch of classified documents seized during an FBI search of Donald Trump's Florida home, Mar-A-Lago, last month.. In a Friday filing with the United States Court of Appeals for the Eleventh Circuit, the Department of Justice is proposing that the appeal's legal briefing conclude by Nov. 14, with.
Singapore Comic Con 2022 Tickets,
Physics Wallah Class 11 Physics Notes Pdf,
What Makes A Person A Hero,
Cooking Oil Hardener Ingredients,
Matlab Logic Analyzer,
Impressed Current Cathodic Protection Testing Must Occur When,
Vividly Differentiate Between Sewage And Sullage,
Linguine Pasta Salad Recipe,