11th Circuit on "Why does Trump need classified documents?"

[Effete Snob]

Lol....


---------

For our part, we cannot discern why Plaintiff would have an
individual interest in or need for any of the one-hundred docu-
ments with classification markings. Classified documents are
marked to show they are classified, for instance, with their classifi-
cation level. ...

They are “owned by, produced by
or for, or . . . under the control of the United States Government.”
And they include information the “unauthorized disclo-
sure [of which] could reasonably be expected to cause identifiable
or describable damage to the national security.”

For this reason, a person may have access to classified information only if,
among other requirements, he “has a need-to-know the information.”
Id. § 4.1(a)(3). This requirement pertains equally to former Presidents,
unless the current administration, in its discretion,
chooses to waive that requirement.

Plaintiff has not even attempted to show that he has a need
to know the information contained in the classified documents.
Nor has he established that the current administration has waived
that requirement for these documents. And even if he had, that, in
and of itself, would not explain why Plaintiff has an individual in-
terest in the classified documents.

Plaintiff suggests that he may have declassified these docu-
ments when he was President. But the record contains no evidence
that any of these records were declassified. And before the special
master, Plaintiff resisted providing any evidence that he had declas-
sified any of these documents.See Doc. No. 97 at 2–3., Sept. 19,2022, letter from
James M. Trusty,et al., to Special Master Raymond J. Dearie, at 2–3.

In any event, at least for these purposes,
the declassification argument is a red herring because declassifying
an official document would not change its content or render it per-
sonal. So even if we assumed that Plaintiff did declassify some or
all of the documents, that would not explain why he has a personal
interest in them.

[Uncle Joe]

1. Kicked and recommended.

Thanks for the thread Effete Snob

[TheBlackAdder]

54. Wow! That I assume is just part of the smackdown, it doesn't even mention Judge Cannon... yet.

[alwaysinasnit]

2. I think tfg's balls have been metaphorically cut off.

[KPN]

43. Or at least put in a vice.

[Justice matters.]

44. Yeah, but let's wait to see what his supremely corrupt court will do (or not do)

before the big xmas celebration.

They should hold the appeal's court unanimous decision but... maybe 8 to 1?

[DallasNE]

56. What Would Be The Basis For Appeal

This would seem to close that door. Indeed, I doubt the Supreme Court would agree to take this matter up. But then, I'm not a lawyer.

[Justice matters.]

57. It's stunning to think we can't be sure they will...

The mcturtle court is corrupt as f*ck.

[Joinfortmill]

45. I do hope so.

[certainot]

58. according to new book by old dick morris trump needs the docs to expose FBI plot to overthrow his

presidency.....

no kidding, i heard old dick on a local rw radio show doing a book tour

these stories, like the whole deep state russia hoax story, are far too imaginative, complex, and infused with actual cia FBI employees who no one but an another countries spy agencies would know of. but somehow guys like dick morris and jerome corsi etc weave them into stories that end up repeated all over rw radio

[ShazzieB]

60. Dick the Dick Morris is what he should be called.

Truth in labeling!

[certainot]

61. i couldn't believe i was hearing that voice again, just doing a once a week check in

Last edited Sat Sep 24, 2022, 11:41 AM - Edit history (1)

[calimary]

79. That was my first reaction.

“Aw crap… HIM again?”

[Mad_Machine76]

3. OUCH!!!

That’s gonna leave a mark!

[Cha]

4. EXACTLY!!!!

TY!

[C_U_L8R]

5. Trump is having a very bad no good day.

And tomorrow is only going to get worse for him.

Pray for those poor ketchup bottles.

[drray23]

8. I think it's how it reads at least for people in the legal profession.

even if they did not say she is a fool it's strongly implied.

[Lonestarblue]

34. Perhaps she will learn a lesson from all this.

Supporting a criminal is not a good look for a federal judge.

[KPN]

50. I think this could cause the end of her career as a federal judge. She will resign

her position at some point or continue to be the the object of unspoken but otherwise and nevertheless messaged ridicule among peers. That’s what I think. Her career is toast. She tried to finesse a solution without arousing MAGAt animus toward herself rather than perform the duty to which she was sworn. She was in way over her head to begin with; it’s no wonder she miscalculated by a mile.

[Liberty Belle]

42. A fool, and a crook.

[Justice matters.]

49. I think she was intimidated by the Furhair's violent black shirts Qs

I think she is scared of them.

She doesn't want to receive thousands of death threats forever.

She wants to keep her quiet life, with a great paycheck quiet?

[barbtries]

71. i was thinking blackmail.

she has a dirty secret and trump knows what it is.

could also be that she sincerely believes that he deserves special treatment because she is a full on cult member. i don't know, but she clearly has no business being a judge.

[Effete Snob]

10. They did

In sum, none of the
Richey factors favor exercising equitable
jurisdiction over this case. Consequently, the United States is sub-
stantially likely to succeed in showing that the district court abused
its discretion in exercising jurisdiction over Plaintiff’s motion as it
concerns the classified documents. 5

(footnote 5)

5 The district court referred fleetingly to invoking its “inherent supervisory
authority,” though it is unclear whether it utilized this authority with respect
to the orders at issue in this appeal. Doc. No. 64 at 1, 7 n.8. Either way, the
court’s exercise of its inherent authority is subject to two limits: (1) it “must
be a reasonable response to the problems and needs confronting the court’s
fair administration of justice,” and (2) it “cannot be contrary to any express
grant of or limitation on the district court’s power contained in a rule or stat-
ute.”
Dietz v. Bouldin, 136 S. Ct. 1885, 1892 (2016) (quotation omitted).

The district court did not explain why the exercise of its inherent authority con-
cerning the documents with classified markings would fall within these
bounds, other than its reliance on its Richey-factor analysis. We have already
explained why that analysis was in error.

[Marius25]

14. Ah I missed that. Good. Aileen Cannon is corrupt garbage and should be impeached.

[Effete Snob]

86. Here's the thing

In the decision, the 11th Circuit discusses what would be needed for Trump to win this round.

Typically, as here, there are a couple of laws and prior decisions where they will come up with "Here's the list of things you have to prove in order to win."

In a normal appeal, things will shake out like "They got things 1 through 4 nailed down, but kind of missed on thing 5" and the appeals court will send the matter back to the district court for "further consideration of thing 5."

That's what a normal appellate decision looks like.

The 11th Circuit goes through that list like a buzz saw. The decision ticks off all the things the plaintiff needs to show, which the district court found, and the 11th Circuit says "You didn't get ANY of them."

The 11th Circuit is not saying, "here's what you got wrong", they are saying "you completely screwed the pooch and didn't get one thing right!"

It's an ass-whooping of epic proportion.

[ZonkerHarris]

23. That is a public spanking for a judge

[rubbersole]

27. "Harder, Daddy, I've been a bad girl.."

[Joinfortmill]

47. Lol

[Hassin Bin Sober]

26. Here too

Consequently, the United States is sub- stantially likely to succeed in showing that the district court abused its discretion in exercising jurisdiction over Plaintiff’s motion as it concerns the classified documents.5

[obamanut2012]

87. They did, read their decision

[UTUSN]

7. K&R for, woo HOO!!!!!

[LetMyPeopleVote]

9. DOJ can resume criminal probe of classified documents from Mar-a-Lago, appeals court says

TFG is having a great day in court

Link to tweet

https://www.cnn.com/2022/09/21/politics/appeals-court-mar-a-lago-criminal-classified-documents/index.html

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 home and resort.

The emergency intervention upends a trial judge's order over those documents that blocked federal investigators' work on the documents.
This story is breaking and will be updated.

Here is a link to the opinion
https://www.politico.com/f/?id=00000183-625b-da48-a3e3-e2ff83050000

[Joinfortmill]

48. And not just any federal appeals court.

[GB_RN]

11. That's About As Ironclad As It Gets...

(In)Justice Clarence “Uncle Slappy” Thomas would have to stand on his head, in all kinds of legal gymnastics to overturn this.

[Ray Bruns]

67. I thought it was justice Uncle Ruckus.

[GB_RN]

83. "Uncle Slappy" Is The Nickname BartCop (RIP) Called Him

He also had Thomas photoshopped in clown makeup with a "?" in a 🚫 on his forehead, because Slappy doesn't believe in asking questions from the bench. So, "Uncle Slappy", as in Uncle Slappy the Clown. 😂

[wiggs]

12. To SCOTUS now? nt

[Effete Snob]

13. That's up to Trump and his lawyers

[NullTuples]

19. Anything to stall the process & the GOP would appreciate if it's stalled past the elections.

[rubbersole]

29. Please do what you can, Lil donnie, to keep this story on the front page...

Your unbelievably corrupt treasonous fat ass is exposed to the low information voter. No matter what their politics are. Keep sinking the gop. Couldn't happen to a nicer bunch of weirdo assholes

[Effete Snob]

33. One other option

Is to move for an “en banc” decision - ie to get the entire bench of the 11th Circus to chime in, before going to the Supremes.

[Justice matters.]

53. And a couple of days later, risk a unanimous opinion smacking him down again

because it stands to be self-evident that NOBODY IS ABOVE THE LAW and nobody can cause irreparable harm to the National Security of the US of A because the Furhair wants money, fame, and power.

[deRien]

68. if two of the six

Trump appointed and one Obama judges ruled this way, then if the other four non-Trump judges affirmed this ruling it would be a 7-4 decision. Hopefully, it would be a 11-0 decision if an "en band" request is made.

[CatWoman]

15. K; R

[paleotn]

16. I think we all know the answer to that one.

[BlueCheeseAgain]

17. The three-judge panel includes two Trump appointees and an Obama appointee.

So TFG can't argue that they're biased.

[Johnny2X2X]

18. This is the hammer

Basically said this is a slam dunk case.

[Effete Snob]

20. yup

[Johnny2X2X]

21. They all but convict him in this decision

Jeesh.

[Effete Snob]

22. Yup

"the declassification argument is a red herring" is the iceberg they've run into.

[cilla4progress]

24. I dont know whether to break down in tears,

dance or beat my bongos.

Would love a bookend to my raging of 11/8/16.

[Bernardo de La Paz]

36. Dance. . . . nt

[cilla4progress]

40. Haha. Just did!

[EnergizedLib]

28. It sounds to me like

He makes these claims but doesn’t make any effort to substantiate them.

Now he’s finding out.

[Laura PourMeADrink]

30. Thank you for synthesizing that !!! nt

[James48]

31. Well, you see, your Honor, I needed them for retirement income.

I just was selling them when I needed a few million more to cover other projects… (Trump pleads the 5th)

[orleans]

32. link ?

[gademocrat7]

35. K&R!

[AmBlue]

37. CANNOT!!!

Rec this hard enough!!! The rule of law holds the line...

[Tommy Carcetti]

38. Moreover, what does God need with a starship?

[Uncle Joe]

39. ...

[Uncle Joe]

41. Actually, I'm thinking to be used

for blackmail purposes to stay out of jail.

[Goodheart]

51. While I applaud the ruling I just can't abide this opening sentence:

"For our part, we cannot discern why Plaintiff would have an individual interest in or need for any of the one-hundred documents with classification markings."

They really can't? Because even lowly old me can discern why he'd have an interest in those.

[intrepidity]

65. Yeah, seems they left out one word

"Legit"

[GopherGal]

82. You mean these reasons aren't legit?

1) Because I was (illegitimately) elected president once, so I'm now King of All I Survey forever and ever. So they're MINE! MINE! MINE! MINE!
2) I got bills to pay and I need something to sell to the foreign governments who kept my businesses afloat all these years and, upon giving up on that futile task, installed me as King of All I Survey.

[orangecrush]

52. KICK

[usaf-vet]

55. Simple! IMHO it the monetary value of each document. The monetary worldwide value.

With TFG, it is always about how much I can get for this. Who will the highest bidder be? How much will their enemy give to keep it away from the enemy?

[barbtries]

72. you know, maybe

he just likes having them around so he can play president whenever he feels like it. like playing house, or school, when we were 6 years old and under.

just kidding. worst case says people have already been murdered because of his sale of these documents. and who fucking knows.

[Blue Owl]

59. K&R

[live love laugh]

62. This is HUGE! Reason prevails!!

[SunSeeker]

63. Why isn't everyone asking this question? nt

[mwb970]

64. Did the ahole really think he would get away with this?

The level of hubris is staggering.

[onetexan]

66. Has anyone ever asked the Con why he took the documents and for what purpose?

I've yet to read such an article.

[Goodheart]

69. Did Hannity do so last night?

[Effete Snob]

70. Yep

He said that the National Archives and Records Administration was run by a bunch of radical leftists, and that they are probably hiding Hillary Clinton’s emails.

In a nutshell.

Link to tweet

?s=46&t=tEpuZXg70zKQpTYzAhh46g

[onetexan]

80. Complete whacko

[spanone]

73. Now that the 11th circuit has ruled, is Judge Dearie finished?

[Effete Snob]

74. In relation to papers marked classified, yes.

This was an application for a partial stay in relation to those documents in particular.

[spanone]

75. Thanks!

[PatrickforB]

76. Whoa! Trumpy is probably hitting the gosh darn it trail about now.

Imagine!

Walls covered with ketchup from plates of food he's thrown. Lots of yelling. Staff hiding from the wrath of Donny.

It is great theater, but very serious for the republic. If we do not prosecute this traitor and his enablers, we can never again say that no one in America is above the law.

[Effete Snob]

77. He doesn't understand any of it

He figures the Supreme Court will eventually save his sorry ass.

[PatrickforB]

78. He is the poster-child for denial, for sure.

Probably because he's a sociopath. He is literally incapable of seeing any perspective but his own.

[wryter2000]

81. This is wonderful

However, none of those documents belong to him. Not even the White House lunch menu belongs to him.

[Justice matters.]

84. Answer: "To sell them to the highest bidder."

Since Hair Furor doesn't understand the meaning of the words they contain (no pictures), there's obviously no other valid reason.

[usonian]

85. Kicking this thread because it answers a lot of questions that pop up. nt