DOJ's likely strategy to appeal/nullify Cannon's ruling:

[Fiendish Thingy]

Link to tweet

?

Marcy Wheeler of emptywheel agrees.

[PJMcK]

1. Good plan

Shut down this errant judge.

[Novara]

2. If this can be done, then it definitely SHOULD be done.

[sop]

6. Anything to get this case out of Cannon's court.

[JustAnotherGen]

3. What is their Twitter handle?

I can't see the tweet. Tky - looking for any good news on this that I can get

[soldierant]

17. @ArmandoNDK

[FBaggins]

4. Nope - won't work

The law "Armando" is considering deals with PRA materials that someone requests from the archives and that the related former president does not want to be released. It doesn't have anything to do with determinations related to documents not in NARA's possession that they think should be.

Also - the judge just told DOJ that they can't do anything with the documents while the review is going on... that would certainly include asking NARA to review the documents.

[onenote]

9. there also is the issue of 44 USC 2205( 3)

Which provides that "Notwithstanding any restrictions on access imposed pursuant to sections 2204 and 2208 of this title— (3 ) the Presidential records of a former President shall be available to such former President or the former President’s designated representative."


So if the documents were transferred to NARA at this point, Trump would have access to them under the PRA.

[Fiendish Thingy]

12. "Notwithstanding such restrictions"...

Such restrictions such as not having security clearance.

It’s not a blanket loophole in any case.

[onenote]

15. Yes, sort of.

As the Archives said in its May 10 letter to Trump's counsel: "Please note that, in accordance with the PRA, 44 U.S.C. § 2205(3), the former President’s designated representatives can review the records, subject to obtaining the appropriate level of security clearance."

[Fiendish Thingy]

11. Have the documents not already been returned to the archives?

Copies retained by DOJ, for sure, but the originals are in the possession of the legally established owners, NARA, no?

We shall see.

[Kingofalldems]

5. Great news!

[Sneederbunk]

7. Hopefully DOJ will ask for an appeal on as n expedited basis.

[FBaggins]

8. What would be the reason for expediting? nt

[obamanut2012]

10. National security

[Fiendish Thingy]

13. Same reason as the expedited appeals for Trump's EP claims last year

Plus national security.

[FBaggins]

14. I don't see how either works

DOJ has everything that they're currently fighting over. It isn't as though they go back to Trump while a determination is made. There's no national security need to changes between now and, say, six months from now.

Last year's situation dealt with an ongoing Congressional investigation, but (while we suspected a potential link with 1/6 investigations), everything we've seen argued so far deals with documents that TFG had that he shouldn't have.

[Jarqui]

16. Couple that with a declaration from the White House claiming executive privilege

over the Presidential documents for National Security investigative purposes.

That's a 1-2 combination knockout.
That obliterates any executive privilege Trump might claim.
Courts can't mess with another branches investigations - especially where the nation's security is at stake.

Trump other personal documents/belongings are evidence of what the classified docs were found with.
Maybe he can have those back now that they've been cataloged as evidence if he signs off on them.

All Trump would have left are the 64 documents that MIGHT come under attorney client privilege .... Let the Special Master knock themselves out over those.

[Ford_Prefect]

18. NONE of the documents in question were ever Presidential records.

The judge and Trump have conflated documents once in the White House with remarks and notes which record decisions and conversations made by a former president or his staff. The documents NEVER belonged to Trump. The judge has ignored this fact.

[Joinfortmill]

19. Whatever works, just indict the Treasonous M*F*cker.

[doc03]

20. At this point if anyone still thinks Trump will ever be indicted for

any of his crimes, I have a bridge to sell you. It looks like all the Trump crazies got together and wrote
Cannon's ruling. It is obvious this stuff will go on for years eventually ending up in the Trump SCOTUS and
nothing will ever be done.