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Mon Aug 29, 2022, 10:00 AM

Re Trumps Request for Special Master .. DoJ has already done that



NEW: Trumpís Mar-a-Lago documents already examined by filter team, Justice Dept. tells judge. Officials say the attorney-client privilege review was completed even before the judge's weekend ruling suggesting a special master might be appointed.


https://storage.courtlistener.com/recap/gov.uscourts.flsd.618763/gov.uscourts.flsd.618763.31.0_6.pdf

Although the government will provide the Court more detail in its forthcoming
supplemental filing, the government notes that, before the Court issued its Preliminary
Order, and in accordance with the judicially authorized search warrant's provisions,
the Privilege Review Team (as described in paragraphs 81-84 of the search warrant
affidavit) identified a limited set of materials that potentially contain attorney-client
privileged information, completed its review of those materials, and is in the process
of following the procedures set forth in paragraph 84 of the search warrant affidavit to
address potential privilege disputes, if any.


The DoJ response tomorrow will deal with some of the other bogus claims like those related to executive privilege (already waived in writing by the White House and backed up by a SCOTUS decision against Trump last winter) and the Presidential Records Act Trump pretending it applies when the warrant did not rely on it nor need to.

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Reply Re Trumps Request for Special Master .. DoJ has already done that (Original post)
Jarqui Aug 2022 OP
Justice matters. Aug 2022 #1
Jarqui Aug 2022 #2
Justice matters. Aug 2022 #4
2naSalit Aug 2022 #5
Jarqui Aug 2022 #7
2naSalit Aug 2022 #9
Probatim Aug 2022 #18
2naSalit Aug 2022 #3
getagrip_already Aug 2022 #6
Jarqui Aug 2022 #8
former9thward Aug 2022 #10
inthewind21 Aug 2022 #12
Jarqui Aug 2022 #13
former9thward Aug 2022 #15
Jarqui Aug 2022 #17
onenote Aug 2022 #20
getagrip_already Aug 2022 #11
Jarqui Aug 2022 #14
LetMyPeopleVote Aug 2022 #16
Starfury Aug 2022 #19
world wide wally Aug 2022 #21

Response to Jarqui (Original post)

Mon Aug 29, 2022, 10:13 AM

1. Of course they did... no need to waste taxpayers' money to do it again...

But... republiQon judges don't care about wasting taxpayers' money, eh?

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Response to Justice matters. (Reply #1)

Mon Aug 29, 2022, 10:15 AM

2. or buying him time

But she's going to have some trouble doing that with the DoJ responses.

I won't say it can't be done but ..

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Response to Jarqui (Reply #2)

Mon Aug 29, 2022, 10:18 AM

4. We'll see soon.

I don't really think DoJ stopped (or will stop) working on the case while a taxpayers' money waste would occur.

It's not like a million docs to go through.

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Response to Jarqui (Reply #2)

Mon Aug 29, 2022, 10:20 AM

5. She'd need...

The coaching of someone far more experienced to come up with anything to counter this! And I wonder who might provide such a service?

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Response to 2naSalit (Reply #5)

Mon Aug 29, 2022, 10:27 AM

7. With Epstein and his young girls gone, Alan Dershowitz might have some extra time ...

what a crazy situation to even say something like that ..

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Response to Jarqui (Reply #7)

Mon Aug 29, 2022, 10:54 AM

9. I was thinking more along the lines of...

Ginni Thomas and her best friend.

They are known to go RV traveling in the off season for the court. Wonder where they are this week.

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Response to Jarqui (Reply #2)

Mon Aug 29, 2022, 12:37 PM

18. Buying time was the first purpose of that motion.

The second was to show his base that he's a victim. A victim of the Deep State and Democrats.

He needs to go to prison for a long time.

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Response to Jarqui (Original post)

Mon Aug 29, 2022, 10:26 AM

6. she will, of course, want her own master to review all of the docs.....

she will come up with a reason, or just issue an order. It doesn't mean anything to her that the fbi already did it.

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Response to getagrip_already (Reply #6)

Mon Aug 29, 2022, 10:38 AM

8. DoJ will rightfully call her and Trump on that

Trump's lawyers haven't even provided a signed declaration or affidavit
On that basis alone, she has a problem.

DoJ will show Trump's claims of executive privilege are BS because they already have authorization from the White House to waive executive privilege and the SCOTUS decision over Trump to back that up.

The DoJ is providing some breakdown of their findings.
They will rightfully put the onus on Trump to identify what else is in their records that justifies such a step.
Trump should have done that already - or at the very least provided examples.

DoJ will also machine gun holes in Trump's reliance on the Presidential Records act.

Basically, Trump is asking a judge to not trust law enforcement in this case. He needs to back that up.

This is a court of law that operates on testimony and evidence.
This isn't the office water cooler or coffee room for idle gossip.

And she has to know her decision is going to get reviewed on appeal. And from this case, it is very unlikely that Trump will be picking any more judges.

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Response to Jarqui (Reply #8)

Mon Aug 29, 2022, 11:00 AM

10. You seem to think the DOJ and the FBI are neutral agencies.

They are not. They are on one side of the case and they have that bias. Also you are ignoring the attorney-client privilege which the White House can't waive.

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Response to former9thward (Reply #10)

Mon Aug 29, 2022, 11:14 AM

12. And you're

Missing the part where they addressed that.

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Response to former9thward (Reply #10)

Mon Aug 29, 2022, 11:14 AM

13. No. That is not accurate

Some attorney client documents have been found and reported by the DoJ in that link.
Those are the one set of privilege docs where Trump has a legitimate claim.

Special Master is usually for a situation where they search someone's lawyer's office.

You do not see a special master every time the FBI does a search.

Where was Gen Petraeus's Special Master? Or Hillary Clinton's?

If the Dept of Justice has sunk to where nothing they do is trustworthy, then it is time to pack up the country and start over. You start doing this in every case, people will die before they ever get their day in court.

If Trump wants something exceptional like this, he has to man up and make the legal argument - that isn't based on Hunter Biden's laptop and insane conspiracy theories.

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Response to Jarqui (Reply #13)

Mon Aug 29, 2022, 11:27 AM

15. They didn't search Clinton's house or Petraeus's house.

So those examples don't fit. The DOJ is not the one to decide whether a document has attorney-client privilege.

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Response to former9thward (Reply #15)

Mon Aug 29, 2022, 12:17 PM

17. That is not entirely accurate or fair

In 2013, they searched Petraeus house in Virginia
https://www.washingtonpost.com/world/national-security/how-david-petraeus-avoided-felony-charges-and-possible-prison-time/2016/01/25/d77628dc-bfab-11e5-83d4-42e3bceea902_story.html
and recovered his girl friend's journals there.

In 2016, there were four different search warrants related to Clinton's emails.
One of them was for her personal server with personal documents - pretty darn close to going through her personal paper documents because they were her personal electronic documents (though she cleared a bunch of them). Attorney-client privilege was raised a few times.



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Response to former9thward (Reply #10)

Mon Aug 29, 2022, 12:38 PM

20. The courts are skeptical of the use of "taint teams" to resolve attorney-client issues

Indeed, one court of appeals has stated that "the use of the taint team in any form was inappropriate because it delegated judicial power to the executive branch, which was particularly problematic "when the executive branch is an interested party in the pending dispute."

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Response to Jarqui (Reply #8)

Mon Aug 29, 2022, 11:12 AM

11. this judge has broken from precedent and normal court practice multiple times alrady.....

She issued a preliminary intention to rule without ever seeing the doj's response, she allowed the case t proceed even though the trump team never provided notice to the doj nor did it sign it's own paperwork, and coached them along as what they needed to do to file the case.

None of this is how things are supposed to work.

I have no faith she will take the fbi's word for it. She will want her own master to see everything. She will provide detailed information to his attorneys. She may even reject the claim that there is no executive privilege here.

Sure, the doj can appeal, but damage can still be done. She could for example release the full affidavit to tfg's team.

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Response to getagrip_already (Reply #11)

Mon Aug 29, 2022, 11:22 AM

14. She issued and intent to rule a certain way but left it pending

what the DoJ had to say.

I agree - she is not operating her court the way it should. No proper service. No signed declaration. No affidavits. No evidence. It is not supposed to work that way.

I have a feeling she's getting a pretty intense education on what she's getting into since issuing that order.

I'm reserving judgment until all the evidence is in and her final decision is rendered.

It might go the way you think. It might not. We'll see soon enough.

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Response to Jarqui (Original post)

Mon Aug 29, 2022, 12:12 PM

16. DOJ says the filter team reviewing the records seized from Mar-a-Lago has completed its review

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Response to Jarqui (Original post)

Mon Aug 29, 2022, 12:38 PM

19. Maybe I missed it, but...

When did Trump become a lawyer? And who's his client? Isn't that the implication of his spurious claim of attorney-client privilege?

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Response to Jarqui (Original post)

Mon Aug 29, 2022, 12:54 PM

21. This is obviously just another stalling tactic.

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