Trump finally files 'crucial' notice on use of classified material as part of Mar-a-Lago defense
Source: Law & Crime
Jun 18th, 2024, 8:23 am
After Donald Trumps lawyers successfully pushed back a key deadline to file a linchpin notice for moving the Mar-a-Lago case toward trial, having cited the Manhattan hush-money case that has since ended with 34 felony convictions, the attorneys finally revealed their intent on the use of classified documents as part of the defense.
A brief Monday filing from Trump attorneys Todd Blanche, Emil Bove, and Christopher Kise alerted U.S. District Judge Aileen Cannon and the Special Counsels Office that they followed the jurists June 14 order and submitted their first notice under § 5(a) of the Classified Information Procedures Act, otherwise known as CIPA. The notice, the Trump team disclosed, was handed to the Classified Information Security Officer in Fort Pierce, Florida.
While the notice itself contains no public specificity as to which document or documents obtained through discovery are involved its classified, after all the filing shows that Trump lawyers will, either pretrial and/or during trial, use classified material as part of their defense.
Special counsel Jack Smith complained in April that the defense was dragging its feet and must stop pushing reflexively for open-ended delay in meeting the notice deadline that he called crucial for getting the case to trial. The special counsel also noted that the original deadlines had been set for November 2023.
Read more: https://lawandcrime.com/high-profile/trump-finally-files-crucial-notice-on-use-of-classified-material-as-part-of-mar-a-lago-defense/
Link to filed CIPA § 5(a) NOTICE (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.625.0.pdf
republianmushroom
(22,325 posts)40 months and counting (includes foot dragging)
gab13by13
(32,319 posts)republianmushroom
(22,325 posts)40 months and counting (includes foot dragging)
BumRushDaShow
(169,748 posts)If so, then there's that old bridge in Brooklyn up for sale.
News flash - this was NARA's jurisdiction and NARA did what NARA's procedures had set forth for requesting return of materials. And when they exhausted their own procedures' options, only THEN did they refer to DOJ who acted immediately on it.
THAT is how ALL regulatory agencies operate in the federal government.
republianmushroom
(22,325 posts)I'll sell you.
Time did mater, but, not to the DOJ, so it seems.
$0 months and counting (includes foot dragging)
BumRushDaShow
(169,748 posts)Turtle made sure to pack the courts including the 11th Circuit and its district courts where this classified docs case is taking palce.
I posted the below timelines elsewhere and am not sure if you saw it. This was right after January 6 and DOJ's response - BEFORE Biden's inauguration and Garland's nomination.
From here - https://www.democraticunderground.com/?com=view_post&forum=1014&pid=3242217
Transcript of January 15, 2021 DOJ PRESS CONFERENCE (PDF) - Press Conference Friday, January 15, 2021, 1:00 PM Eastern
Press Conference
Friday, January 15, 2021, 1:00 PM Eastern
PARTICIPANTS
Marc Raimondi - Spokesman
Michael Sherwin - Interim United States Attorney for the District of
Columbia
Steven D'Antuono - FBI Assistant Director in Charge of Washington Field
Officer
Ashan Benedict - Special Agent in Charge of ATF Office in Washington
PRESENTATION
Operator
Good day, and welcome to the Department of Justice media call. All participants will be in listen-
only mode. Should you need assistance, please signal a conference specialist by pressing " * "
followed by 0. After today's presentation, there will be an opportunity to ask questions. You
may join the queue at any time during the presentation by pressing " * " then 1 on your
touchtone phone. To withdraw your question, please press " * " then 2. Please note this event is
being recorded.
I would now like to turn the conference over to Marc Raimondi. Please go ahead.
Marc Raimondi
Thank you, and thank you all for joining us. We are a few minutes late because we wanted to
wait until the mayor of DC was able to finish her press conference because I think hers went a
little late.
We have three speakers today that will give brief remarks, and then we have time for a few
questions, and then we will let these guys that are leading the investigations and the
prosecutions get back to work. The first that is going to speak is the Acting U.S. Attorney for the
District of Washington, Michael Sherwin. He is going to be followed by the FBI Assistant
Director in Charge of the Washington Field Office Steven D'Antuono, and then we have an
individual, Ashan Benedict, who is the Special Agent in Charge of the ATF Office here in
Washington. Again he hasn't been one on these calls previously. It is Ashan, A-S-H-A-N
Benedict, B-E-N-E-D-I-C-T.
Without further ado, I'm going to turn it over to Michael Sherwin, but I would ask that if you do
think you're going to ask a question, start queuing up now, I believe it is " * " 1 to queue up so
we can get right into the Q&A phase and then let these guys get back to their day job. Thank
you. Go ahead.
Michael Sherwin
So hello, everyone. It is Mike Sherwin here. So a quick update with where we are at in terms of
prosecution and the investigation, and then I will turn it over to my colleagues here with the
Bureau and ATF.
So as of this morning 8 AM, we have currently 175 open investigations that are subjects that we
are currently looking at related to the violence in the capital. That would include cases of
violence outside the Capitol and also on the Capitol grounds, and also inside the Capitol. Of--as
related to those 275 open investigations, we anticipate that that is going to grow easily past 300
probably by the end of the day and then exponentially increase into the weekend and next
week.
So again, as of 8 AM this morning, in terms of cases, prosecutions we have opened 98 criminal
cases in terms of criminal cases that have been filed, and the majority of those cases are
federal felony cases, so I think I tried to articulate this earlier this week that, initially, we were
looking to fix, fine and charge the low hanging fruit, the individuals that we could easily roundup
in charge. A great bulk of those were misdemeanor cases, but as the investigation continues, as
the days and weeks progress, we are looking at more significant federal felony charges, and
that is exactly what we are doing in partnership with our local and federal partners.
So some of the cases that I think want to just highlight, they are emblematic of what we are
trying to do here are the following in terms of trying to really focus on some of the violent
offenders both inside and outside the Capitol. Some of these cases include Mr. Peter Stager;
this was the individual out of Arkansas. He was charged with a federal felony and arrested
yesterday in Arkansas, and this was the individual I think that's really the height of hypocrisy
that was beating an MPD officer with a flagpole, and at the other end of that flagpole was
attached the American flag and look as a veteran I found that case even more egregious, the
act of again just the hypocrisy of Mr. Stager's actions.
Another case focusing on violence that was Mr. Steger's case was violence on law
enforcement, and we are specifically focusing on that but also, unfortunately, as this case goes
on, we are seeing indications that law enforcement officers, both former and current, may have
been off duty and participating in this riot activity and I think as we said earlier, we don't care
what your profession is, who you are, who you are affiliated with if you were conducting or
engaged in criminal activity we will charge you, and you will be arrested, and that is exactly what
we are doing.
(snip)
Much more in PDF...
And this was right after Garland was sworn in. From here - https://www.democraticunderground.com/?com=view_post&forum=1014&pid=3243366
By Glenn Thrush and Adam Goldman
Reporting from Washington
Published March 22, 2024 Updated March 27, 2024
After being sworn in as attorney general in March 2021, Merrick B. Garland gathered his closest aides to discuss a topic too sensitive to broach in bigger groups: the possibility that evidence from the far-ranging Jan. 6 investigation could quickly lead to former President Donald J. Trump and his inner circle. At the time, some in the Justice Department were pushing for the chance to look at ties between pro-Trump rioters who assaulted the Capitol on Jan. 6, 2021, his allies who had camped out at the Willard Hotel, and possibly Mr. Trump himself.
Mr. Garland said he would place no restrictions on their work, even if the evidence leads to Trump, according to people with knowledge of several conversations held over his first months in office. Follow the connective tissue upward, said Mr. Garland, adding a directive that would eventually lead to a dead end: Follow the money. With that, he set the course of a determined and methodical, if at times dysfunctional and maddeningly slow, investigation that would yield the indictment of Mr. Trump on four counts of election interference in August 2023.
(snip)
People around Mr. Garland, who like others interviewed for this article spoke on the condition of anonymity to discuss Justice Department affairs, say there would be no case against Mr. Trump had Mr. Garland not acted decisively. And any perception that the department had made Mr. Trump a target from the outset, without exploring other avenues, would have doomed the investigation. Dont confuse thoughtful with unduly cautious, said a former deputy attorney general, Jamie S. Gorelick, who sent Mr. Garland, then her top aide, to oversee the prosecution of the 1995 Oklahoma City bombing. He was fearless. You could see it then, and you could see it when he authorized the search at Mar-a-Lago.
Mr. Garlands allies point to how, by the summer of 2021, the attorney general and his powerful deputy, Lisa O. Monaco, were so frustrated with the pace of the work that they created a team to investigate Trump allies who gathered at the Willard Hotel ahead of Jan. 6 John Eastman, Boris Epshteyn, Rudolph W. Giuliani and Roger J. Stone Jr. and possible connections to the Trump White House, according to former officials. That team would lay the groundwork for the investigation that Mr. Smith would take over as special counsel a year and a half later. But a host of factors, some in Mr. Garlands control, others not, slowed things down.
(snip)
Much more... https://www.nytimes.com/2024/03/22/us/politics/trump-jan-6-merrick-garland.html
No paywall (gift link)
THIS is your Garland timeline.
republianmushroom
(22,325 posts)farther down this road than we are now with out delays
And not where we are at this point in time. Possible where we will be in 6 months or a year if
Biden is re-elected. But that is all speculation because we did have the delays by the DOJ. Speculating even more the Cannon may not of been the judge appointed if there had not been delays, etc.
Garland in his own word stated he delayed the issuing of the search warrant for Mar-a-largo for weeks.
BumRushDaShow
(169,748 posts)The timeline I posted WAS during that "6 months to a year or more" timeframe that you cite. Literally starting right after he was sworn in. As it was, there were months of time wasted in court arguing about some kind of "Executive Privilege" that didn't exist.
But guaranteed that a "delay" would have been there for all that time.
The proof?
Note that Fani Willis was elected to D.A. in Fulton County GA in November of 2020 and assumed office Jan. 1, 2021. After the phone call to Raffesperger was revealed, she started her investigation in February 2021 -
By Danny Hakim and Richard Fausset
Published Feb. 13, 2021 | Updated July 6, 2022
After six weeks as a district attorney, Fani T. Willis is taking on a former president. And not just that. In an interview about her newly announced criminal investigation into election interference in Georgia, Ms. Willis, the district attorney of Fulton County, made it clear that the scope of her inquiry would encompass the pressure campaign on state officials by former President Donald J. Trump as well as the activities of his allies.
An investigation is like an onion, she said. You never know. You pull something back, and then you find something else. She added, Anything that is relevant to attempts to interfere with the Georgia election will be subject to review.
Ms. Willis, whose jurisdiction encompasses much of Atlanta, has suddenly become a new player in the post-presidency of Mr. Trump. She will decide whether to bring criminal charges over Mr. Trumps phone call to Georgias secretary of state, Brad Raffensperger, asking him to find votes to erase the former presidents loss there, and other efforts by Trump allies to overturn the election results. The severity of the legal threat to Mr. Trump is not yet clear, but Ms. Willis has started laying out some details about the inquiry.
She and her office have indicated that the investigation will include Senator Lindsey Grahams phone call to Mr. Raffensperger in November about mail-in ballots; the abrupt removal last month of Byung J. Pak, the U.S. attorney for the Northern District of Georgia, who earned Mr. Trumps enmity for not advancing his debunked assertions about election fraud; and the false claims that Rudolph W. Giuliani, the presidents personal lawyer, made before state legislative committees.
(snip)
https://www.nytimes.com/2021/02/13/us/politics/fani-willis-trump.html
She and her staff began interviews through 2021 and then she had a special grand jury empaneled in early 2022, hauling people in throughout the rest of that year until they finished their report. A regular grand jury was then empaneled in 2023 to bring charges. And with that, she got indictments for 19 defendants including 45 in August 2023.
So where is that case now?
DELAYED.
It was started Feb. 10, 2021.
The only ones to nail his ass (not including E. Jean Carroll) were his hometown/home state prosecutors - Manhattan D.A. Alvin Bragg and NY AG Letitia James.
republianmushroom
(22,325 posts)BumRushDaShow
(169,748 posts)We will have to see what the SCOTUS says about the "immunity" thing. Many expect they won't allow "total immunity" but would send something back to a lower court to deal with what would be some kind of "limited immunity" for certain circumstances.
If that happens, Smith would have to work around that by dropping certain charges for either or both federal cases but whatever remains will probably go through the courts once more because 45 will claim those activities being charged should be covered under "limited immunity".
Wash. Rinse. Repeat.
And in the GA case, it was expected that it would be broken up into smaller groupings for multiple trials once it gets shaken loose from the bullshit being leveled against Willis.
republianmushroom
(22,325 posts)slightlv
(7,790 posts)that classified information into the courtroom for defense purposes? I've read the information here, but I'm missing something. I've got a family problem happening so my attention is necessarily split, but I don't understand how they can be allowed to bring TS info into a courtroom that's not set up for it.
BumRushDaShow
(169,748 posts)absolutely not. But I believe they can create some kind of "summary outline" of it for reference.
slightlv
(7,790 posts)I've got family drama going on here between daughter and her sons, and I find myself in the middle of it, pulling out my hair.
agingdem
(8,849 posts)yes, I would have preferred Trump on a never-ending trial loop in multiple courtrooms..and yes, Cannon is so obviously corrupt as to define the word, but while Trump, with Cannon's assist, is stalling until after the election, Jack Smith has wisely concluded that as long as the stolen documents case does not go to a jury trial Jack can live with that..because if the case goes to a jury and the jury finds Trump not guilty double jeopardy comes into play and he can't be tried again...however, when Trump loses the election (and he will) Trump is going to trial with or without Judge Aileen Trump Ass-kisser Cannon...
Hermit-The-Prog
(36,631 posts)ffr
(23,398 posts)I picture him pouring caviar on a cracker and laughing it up with Judge Cannon there with him.
JoseBalow
(9,488 posts)More like dipping a McNugget in barbecue sauce
vapor2
(4,509 posts)trump fangirl and Judge Pryor refuses to dismiss her. Sad for our justice system
onenote
(46,140 posts)How long do you think it would take for Trump's crazies to gin up 10,000 complaints against Judge Chutkan?
Following the law matters. And the law governing complaints of judicial misconduct is clear.