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In reply to the discussion: Trumps lawyers are telling us they have no defense in the secret document investigation. [View all]Jarqui
(10,537 posts)9. Even Dershowitz conceded they had probable cause for the warrant and enough to indict
https://www.axios.com/2022/08/27/alan-dershowitz-doj-donald-trump-indictment
And that was three weeks ago.
More evidence has come out since.
Many other legal experts had similar sentiments on probable cause and indictment.
I previously covered why Trump's declassified claim is BS
https://www.democraticunderground.com/100217173984#post15
In that thread, they now have a credible lawyer who warned Trump not to take the docs - on top of Trump ignoring the subpoena and his lawyer's letter swearing they had returned all the documents that had been marked classified (not necessarily still classified). And then the search warrant proved otherwise.
Beyond that, even if Trump had declassified the documents, they still belong to the US government (NARA) so the Special Master can't give those back to Trump - they don't belong to him.
Deliberative process privilege is only applicable in civil matters. This is a criminal case. So that won't work.
Executive privilege was settled by the Presidential Records act - the incumbent President prevails over the former President.
So the question is: who is guilty of what. Christina Bobb, who signed the letter, got a lawyer for that reason - she could be charged. Other members of Trump's staff may be guilty of crimes for mishandling these documents. Trump is bound to be looking for a fall guy. Aside from the national security issues, that is part of what the DoJ has to sort out and they need access to the documents to do their jobs.
And that was three weeks ago.
More evidence has come out since.
Many other legal experts had similar sentiments on probable cause and indictment.
I previously covered why Trump's declassified claim is BS
https://www.democraticunderground.com/100217173984#post15
In that thread, they now have a credible lawyer who warned Trump not to take the docs - on top of Trump ignoring the subpoena and his lawyer's letter swearing they had returned all the documents that had been marked classified (not necessarily still classified). And then the search warrant proved otherwise.
Beyond that, even if Trump had declassified the documents, they still belong to the US government (NARA) so the Special Master can't give those back to Trump - they don't belong to him.
Deliberative process privilege is only applicable in civil matters. This is a criminal case. So that won't work.
Executive privilege was settled by the Presidential Records act - the incumbent President prevails over the former President.
So the question is: who is guilty of what. Christina Bobb, who signed the letter, got a lawyer for that reason - she could be charged. Other members of Trump's staff may be guilty of crimes for mishandling these documents. Trump is bound to be looking for a fall guy. Aside from the national security issues, that is part of what the DoJ has to sort out and they need access to the documents to do their jobs.
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Trumps lawyers are telling us they have no defense in the secret document investigation. [View all]
fightforfreedom
Sep 2022
OP
There is no honor in endangering the National Security of the US of A.
Justice matters.
Sep 2022
#29
Even Dershowitz conceded they had probable cause for the warrant and enough to indict
Jarqui
Sep 2022
#9
That's an argument that hasn't been challenged and upheld in court in similar circumstances
FBaggins
Sep 2022
#23
re: "prosecution's job to prove that they had not been. And, legally, they have a point."
thesquanderer
Sep 2022
#46
The PRA isn't written so ambiguous as to make any document TFG can think of a "personal record" ...
uponit7771
Sep 2022
#24
Under PRA (link) "Personal records" are defined and not willy nilly anything a president claims.
uponit7771
Sep 2022
#38
Jackson's ruling in regards to Clinton tapes in "sock drawer" case Clinton's tapes were CLEARLY ...
uponit7771
Sep 2022
#48
We agree that NARA doesn't have authority to designated records but that's not ...
uponit7771
Sep 2022
#64
Why does everyone keep forgetting Donald Trump has an army of judges on his side?
Heather MC
Sep 2022
#13
America has had 3 people @ the level of espionage that Trump might have been at and they were:
Botany
Sep 2022
#27
"All Trump and his lawyers can do is delay, create chaos in the justice system."
progressoid
Sep 2022
#34
I have had the thought that Cannon doesn't believe what she says, but rather...
thesquanderer
Sep 2022
#50
re: "irrelevant when it comes to the possible charges listed in the warrant. It is not a defense"
thesquanderer
Sep 2022
#49
You'd almost think they're just wanting to delay, delay, and milk the rubes.
Beartracks
Sep 2022
#73