Trump’s new attorneys can’t get their act together…and it’s hilariously bad. NARA’s May 2022 letter: over 700 pages…updated with the Court’s order to Trump

Always and I mean always follow your local rules. Failure to do so will likely earn you a spicy burn from a cantankerous File. Sweet baby Jesus you can’t make this up

Editorial Note: The update can be found at the bottom of this article and trust me —it’s delicious. I also included yesterday’s order regarding the unsealing of the Affidavit. The judge did not mince words. The update is the spiciest way possible…the original article continues below…

The Trump attorney clown car delivers, yet again.

During my lunch hour I noticed a hilarious infirmity in Trump’s new attorneys. Specifically (see SDFL-ECF for docket report) but it’s the paperless order that had me howling…

As I explained yesterday Trump’s Motion, untimely much? I suppose Trump’s new Kraken-Legal-Team is outdoing themselves, with supersonic speed. I swear to CheeJesus you can not make this incompetence up. It’s like a bad remake of “Better Call Saul” —and just when you think it’s not possible for Trump’s attorneys to phuck it up, oh yes they do… and their incompetence is exposed for all to see or those who actually know how to read and use PACER -snort- sans “I’ll be your PACER guide” said faux counterintelligence “expert” who’s never held any security clearance what so ever. But I digress…

Pro Hac Vice DENIED -know your local rules…

Sometimes I feel sorry for Trump’s attorneys. I mean imagine having Trump as a client. Trump is literally “that client”, you know the one that can give grown-ass attorneys (and their support staff) sleepless nights and crippling heartburn. Especially given Trump’s long documented history of nonpayment. Coupled with Trump’s eradicate behavior. Some of you might recall in early 2017 that the DMV (DC MD VA) legal community “hard pass” on representing Trump. In sum: Trump is a nightmare of a client and it’s better to not represent a client who seemingly undermines various legal strategies.

I’m not kidding I actually LLOLs (legal laughed out loud) when I saw this Clerk’s Notice. Because it’s hilariously brutal and indicative of caliber of legal counsel now representing Trump —like worse than tier 3 legal team.

Clerk's Notice of Filing Deficiency Re: 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for M. Evan Corcoran. Filing Fee $200.00 Receipt #15943 filed by Donald J. Trump, 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James M. Trusty. Filing Fee $200.00 Receipt #15943 filed by Donald J. Trump. Document(s) were filed conventionally that should have been filed electronically (CM/ECF Administrative Procedures). (jas) (Entered: 08/23/2022)

This is why I’ve always maintained:

…know you’re local rules, failure to do so can result in a humiliating beclownment…

To be fair errors like this do happen, more frequently than most would think. I just happen to be oddly fixated on tiny details. Don’t judge me because that particular skill set is highly honed with my neat one and a half decades in the legal community. The paperless order is like the jurisprudence “chef’s kiss” of all chef’s kisses… the Order reads in part:

Aug 23, 2022 PAPERLESS ORDER denying without prejudice 5 6 Motions to Appear Pro Hac Vice, Consents to Designation, and Requests to Electronically Receive Notices of Electronic Filing for M. Evan Corcoran and James M. Trusty. Local counsel is instructed to refile the motions in strict accordance with Local Rule 4(b) of the Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys. A sample motion can be found on the Court's website at https://www.flsd.uscourts.gov/pro-hac-vice-appearance. Signed by Judge Aileen M. Cannon on 8/23/2022 (emphasis added)

Donald Trump the “thief in chief”…

If we can agree to drop the illogical pretextual arguments proffered by Trump and Patel —and strip away the fancy legalese and incredulous “excuses” of how Trump unlawfully retained some 300+ classified documents. Additionally there are several individuals who likely “aided and abetted” -cough looking at you Kash Patel (see his August 21, 2022 TV Appearance —I’m not joking Patel needs to shut up because his comments are going to come back and haunt him, given he’s also implicated in the unlawful retention of classified docs) Mark Meadows (that’s an October 2020 Affidavit from Meadows regarding Trump’s Oct 2020 declassification tweet —you can more here ) Christina Bobb

In layman’s terms, Trump stole classified documents that he had zero authority to retain, Thus I’m going to call it: Donald Trump STOLE classified documents and then he (and his attorneys signed an affidavit) which should be viewed as: the affidavit is hard evidence that Trump & his attorneys lied to the Department of Justice

In some respects, particularly if the recent public reporting concerning Trump is accurate. Then logically speaking one could infer that Donald J Trump either; aided & abetted and conspired to unlawfully retain said classified documents.

• Conspired to violate the espionage act, by “knowingly and willfully disclosing aforesaid classified information to any unauthorized person, or its use in any manner prejudicial to the United States or beneficial to any foreign government to the detriment of the United States; or

• The willful violation, attempted violation, or conspiracy to violate regulations of the National Archives and Presidential Records Act. Undoubtedly the SAP documents likely pertain to the security of government facilities or equipment and likely include “sources and methods” our intelligence agencies rely upon. In short they don’t call these SAP documents for nothing.

• stealing highly classified documents, thereby weaponize our Country’s most guarded secret information, and did so with absolute malice.

As noted by several members of Congress (specifically the HPSCI) have requested that our Intelligence Community provide Congress with a classified briefing. Moreover back in May 2022 the National Archives (see letter) also voiced grave concerns, going as far as requesting a “risk assessment” —again I’m not an intelligence or counterintelligence expert, but it’s reasonable to assume the IC is operating under the conclusion that nearly all the TS/SCI-SAP documents have already been shared. My guess is the risk assessment will likely drill down on who Trump et al shared that highly sensitive materials.

Constructive Possession versus Actual Possession…

It occurred to me that some of my readers might not fully understand the types of “possession” and how that can affirm a target’s criminal intent. So it makes sense to quickly explain the variant “possessions” and what those mean in the criminal justice system. So let’s quickly go over the types of possession:

Actual Possession

The term “Actual possession” is sometimes referred to as “possession in fact” — this means the person has physical custody of said documents. But in the legal community actual possession tends to be very limited. However it’s very cut and dry, as in black and white with minimal to zero gray area.

Actual possession is what most of us think of as possession—that is, having physical custody or control of an object" (United States v. Nenadich, 689 F.Supp. 285 [S.D. N.Y. 1988]).

In actual possession, prosecutors typically must develop a certain set of facts. Which clearly and unambiguously indicate that aforesaid individual”actually’ has possession of an object and/or documents. And this distinction is important and the subtext of Trump and his go to mouth piece Kash Patel (see his website because I’m fairly confident investigators are archiving his prolific and ever changing excuses:

“…Trump declassified whole sets of materials in anticipation of leaving government that he thought the American public should have the right to read themselves,” Patel told Breitbart News in a phone interview.

Constructive Possession

Unlike actual possession, constructive possession also known as “possession in law," and typically used in criminal proceedings. That said constructive possession does have a few gray areas.

“Constructive possession is a legal doctrine used to extend possession to situations where a person has no hands-on custodyof an object”

Most courts say that constructive possession, also sometimes called "possession in law," exists where a personhas knowledge of an object plus the ability to control the object, even if the person has no physical contact with it (United States v. Derose, 74 F.3d 1177 [11th Cir. 1996]).

Intent -specifically criminal intent

This isn’t an abstract argument.What you need to know is prosecutors must prove actual “criminal intent” and it makes sense to now refer you to the Department of Justice’s United States Attorney Manual 2475- Intent. Which reads in part:

The intent requirement for aiding and abetting has been described in different ways. One court has ruled that it must be shown the defendant intentionally became involved in the substantive crime. United States v. Perry, 643 F.2d 38, 46 (2d Cir.), cert. denied, 454 U.S. 835, 102 S.Ct. 138, 70 L.Ed.2d 115 (1981). Another court has stated the government must prove beyond a reasonable doubt the defendant wilfully associated himself in some way with the criminal venture. United States v. Indelicato, 611 F.2d 376, 385 (1st Cir. 1979). Another has said the charge of aiding and abetting requires proof that the defendant had a purposeful attitude. United States v. Crow Dog, 532 F.2d 1182, 195 (8th Cir. 1976), cert. denied, 430 U.S. 929, 97 S.Ct. 1547, 51 L.Ed.2d 772 (1977).

Here understanding the types of possession (in layman’s terms) the Government is required to prove that Donald J Trump “knowingly and willfully” knew that it was unlawful for him to retain hundreds of classified documents. Moreover Trump’s ever changing “the dog ate my homework “ could be summed up by Trump’s overt consciousness of guilt behavior. Additionally criminal intent, the Government must meet various elements, beyond reasonable doubt, see DOJ-OJP

Three types of criminal intent exist:

1. general intent, which is presumed from the act of commission (such as speeding);

2. specific intent, which requires preplanning and presdisposition (such as burglary); and (

3. constructive intent, the unintentional results of an act (such as a pedestrian death resulting from the actions of a negligent driver).

As CNN reported, last week the excuse or feigned excuse, that “Trump had a standing order regarding declassified documents” — Anyone who believes Trump’s latest iteration of excuses, is either willfully ignorant or does understand the gravity of Trump’s dirty deeds. Which clearly have National Security implications.

In sum based on Trump’s behavior, it is clear that Trump knew retention of highly classified documents was in fact unlawful. See the February 2022 PRA Article

National Archives TS/SCI SAP Documents…

Did some of you think that my odd “Special Access Program” (read more here and additional research here) and while it’s heartening to see the MSM now drilling down on the TS/SCI SPECIAL ACCESS PROGRAM documents. I know that my readers have a ton of factual information, mainly because I spent hours researching and procuring countless Government documents. Because SAP documents are largely regulated by the CFRs of the Agency that owns those documents…

As previously noted did some think the research wasn’t pulled from thin air? I can assure you that it was not, for example this May 2022 National Archives Letter, the pertinent part can be found on page 2 et seq. I’ve repeatedly suggested that my readers should bookmark the following National Archives website: Records Released In Response to Presidential Records Act (PRA) questions under the Trump Administration —let me tell you from my vantage point Trump doesn’t want any investigator to interact with NARA. In some respects you could consider NARA as a whistleblower because they are the ones who first identified Trump’s unlawful retention and improper storage of highly classified documents. For now put a pin in that because I’m telling you this is the hill that Donald Trump wants to die on (figuratively speaking I want that POS to live a long life, especially if that means the sunset of his life will be in a federal prison)

That said the “new” letter isn’t new —again this letter was posted on NARA’s website in May of 2022. However the pertinent portion of the letter reads in part:

As the Department of Justice’s National Security Division explained to you on April 29, 2022:

There are important national security interests in the FBI and others in the Intelligence Community getting access to these materials. According to NARA, among the materials in the boxes are over 100 documents with classification markings, comprising more than 700 pages. Some include the highest levels of classification, including Special Access Program (SAP) materials. Access to the materials is not only necessary for purposes of our ongoing criminal investigation, but the Executive Branch must also conduct an assessment of the potential damage resulting from the apparent manner in which these materials were stored and transported and take any necessary remedial steps.

Accordingly, we are seeking immediate access to these materials so as to facilitate the necessary assessments that need to be conducted within the Executive Branch.

To be clear the National Archives posted the May 2022 letter to their website —thusly the reporting that Trump leaked this via his social media website is inaccurate. Again the archivist posted this on the NARA Trump Presidency webpage, months ago and it was in response to several Congressional communications…

The Court specifically noted that an “incumbent President should not be dependent on happenstance or the whim of a prior President when he seeks access to records of past decisions that define or channel current governmental obligations.” Id. at 452; see also id. at 441-46 (emphasizing, in the course of rejecting a separation-of-powers challenge to a provision of a federal statute governing the disposition of former President Nixon’s tape recordings, papers, and other historical materials “within the Executive Branch,” where the “employees of that branch [would] have access to the materials only ‘for lawful Government use,’” that “[t]he Executive Branch remains in full control of the Presidential materials, and the Act facially is designed to ensure that the materials can be released only when release is not barred by some applicable privilege inherent in that branch”; and concluding that “nothing contained in the Act renders it unduly disruptive of the Executive Branch”)

Lastly this helps aggregate the timeline. Yes I know there’s a lot of skepticism and questions concerning why it took the DOJ so long to clawback the documents. What needs to be emphasized here is; 1) the National Archives attempted, for over a year to get the documents, 1a) if you read the May 2022 letter you’ll note the urgency and concerns, 2) the DOJ met with Trump in early June 2022, 3) a few days later Trump’s attorneys signed an affidavit purporting “there are no classified materials at Mar-A-Largo” and 4) the FBI executed a lawful search and seizure warrant on August 8, 2022 —therefore the timeline must be viewed in that context. Mainly because it’s intellectual lazy to “feign outrage” on social media. Whereas some of us have been quietly pumping out actual facts with supporting documents, weeks and often times months ahead of the mainstream media. I know that as far back as January 2021 I repeatedly recommended that my readers bookmark this NARA-Trump Records webpage

…DOJ has been exclusively responsible for all aspects of this investigation…

Case in point -hello did any of y’all notice the August 16, 2022 NARA letter? I mean I did and thought it was pretty clear. Mainly because the facts are elucidated in black and white and plain English, specifically the last paragraph, which reads in part:

When NARA identified items marked as classified national security information within the 15 boxes, NARA referred this issue to the Department of Justice (DOJ). Since that time, DOJ has been exclusively responsible for all aspects of this investigation, and NARA has not been involved in the DOJ investigation or any searches that it has conducted

Again facts are out there, you just need to know where to look and have a basic understanding of reading the English language… me canz readz and so can you.

Bookmark this NARA webpage, or else…

Imma gonna go full on Spicy, because it’s extremely frustrating knowing where the facts can be found and yet then screaming goats on social media apparently really do drown out facts. I’m stone cold serious bookmark this link —or imma gonna reach through the internet and start throat punching (I’m kidding violence is never the answer) but if you sense my frustration —well that’s intentional because I’m not acquiring these facts from some super secret database… largely because I don’t have access and no patriotic American would “knowingly and willfully” disclosed or hoard highly sensitive documents… unless of course you’re Donald Trump.

https://www.archives.gov/foia/pra-trump-admin

And your requisite daily saltwater therapy…of the hundreds, possibly thousands of sunrises/sunsets I’ve filmed this one is one of my favorites. I affectionately call it “the fireball sunrise” for obvious reasons

file411_dc

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I’m taking tomorrow off because I have previous engagements that will make me unavailable for the majority of the day. Like I said yesterday, I realize that there was a reason my former boss loved these candies, they are bittersweet, kind of like the memories I have of him…

…and for now I’m not going to cancel the monthly order. Mainly because I’m not ready to let go of him. But I’m working my way through what seems like an endless ocean of grief. Admittedly yesterday was like a gut punch; but I’m realizing that the journey of grief is way harder than most might assume. However note the aggressive anger as I’m unboxing his monthly delivery. I wasn’t joking that I was mad that his candy was delivered.

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Be well -and I’ll see y’all on Thursday or Friday

-Filey

-Article Updated below -

August 23, 2022 at 9:15PM EST (DC local time)

---

In the matter styled as:

Trump v. United States (S.D. Fla. 2022) -Case No 9:22-cv-81294 —if you thought my article last night was off the mark…

There it is, 2 weeks after the fact. Trump’s legal strategy is shitty…

I regret to inform shortly after COB DC local time the following paperless order was docketed. And with the Court’s newest order it essentially confirms my observations and I find it hilarious

The paperless order reads (see SDFL-ECF for actual docket report) in part:

PAPERLESS ORDER: The Court is in receipt of 1 Plaintiff's Motion for Judicial Oversight and Additional Relief.

To facilitate appropriate resolution, on or before August 26, 2022, Plaintiff shall file a supplement to the Motion further elaborating on the following:

1. the asserted basis for the exercise of this Court's jurisdiction, whether legal, equitable/anomalous, or both;

2. the framework applicable to the exercise of such jurisdiction;

3. the precise relief sought, including any request for injunctive relief pending resolution of the Motion;

4. the effect, if any, of the proceeding before Magistrate Judge Bruce E. Reinhart; and

5. the status of Plaintiff's efforts to perfect service on Defendant.

Signed by Judge Aileen M. Cannon on 8/23/2022

Docket Report re Trump’s Motion

With respect to Judge Aileen M. Cannon. In general I tend to bristle at the new normal of XYZ President nominated. Because judicial appointments are lifetime appointments (lest I need to remind you of the countess twitter threads where I repeatedly warned that the Trump Administration was on pace to out preform previous administration’s judicial nominees) Notwithstanding there are a few facts you should know:

• On April 29, 2020 Trump officially nominated her, see Trump White House Archive, here

• On May 21, 2020 the Senate officially received the nomination and concurrently sent her file to the Senate Committee on the Judiciary. See the Senate Judiciary Committee Questionnaire Also see the Questions For The Record

  • Additionally see the August 5, 2020 Responses by nominee Cannon, found here

• On November 12, 2020 her nomination was confirmed by the Senate by Yea-Nay Vote. 56 - 21. Record Vote Number: 228.

But the paperless order only accentuates the observations made (yesterday about the latest Trump judicial subterfuge) and frankly it really proves just how poorly argued (and written) Trump’s motion really was/is —and with that I believe you are now mostly caught up. Remember that Trump must file a far more detailed Motion by Friday August, 26, 2022 AND there is still a deadline from Magistrate Judge Reinhart. Below are the recent filings:

• ORDER as to Sealed Search Warrant, memorializing and supplementing oral rulings at August 18, 2022, hearing. Signed by Magistrate Judge Bruce E. Reinhart -see SDFL-ECF or via my Scribd Account

While most won’t take the time to explain why the August 18, 2022 Order is particularly important. I’d like to briefly explain what that order means. In short Trump actually failed to file a motion (in support of the 3rd party intervenors motion to unseal the affidavit) —while generally that’s not an issue. My rebuttal argument is if you know “procedure” then you’d know it’s kind of a BFD that Trump seemingly does not want the Affidavit unsealed. Meaning if Trump truly wanted the affidavit unsealed he would have joined the 3rd party intervenors, either with a Memorandum of Law in Support of unsealing or simply filed a Motion on his own accord. For Example: this assertion is validated on pages 1 & 2 -see what I highlighted? Yup that’s pretty darn important…

I also would like to draw your attention to pages 7 and 8 —you do understand that this is considered the “pre-indictment phase” assuming arguendo that the SDFL Grand Jury might (operative word) hand down a True Bill aka indictment. This isn’t an esoteric argument, it’s about the Rules of Federal Criminal Procedure and determinative phase of the investigation. In short the 3rd party intervenors request could be construed as “not ripe” but the Court is clearly being pragmatic and requested additional briefings while instructing the Government to file “proposed redactions” by August 26, 2022

More specifically there’s a fun fact nugget contained on page 8. Which reads in part ( I want you to pay attention to the text in bold, it’s pretty important)

As the Government aptly noted at the hearing, these concerns are not hypothetical in this case. One of the statutes for which I found probable cause was 18 U.S.C. § 1519, which prohibits obstructing an investigation. Also, as some of the media Intervenors have reported, there have been increased threats against FBI personnel since the search…

This factor weighs in favor of sealing… read the damn August 22nd Order, please & thank you

Repeat after me: sources and methods, but more specifically on pages 9 and 10 —you’ll note that the Court elucidated the four general areas/factors for or against unsealing the affidavit. Of the four areas, the Court has already made the determination three of the factors weighs in favor of sealing….because as previously mentioned the “phase” of the ongoing criminal investigation is colloquially known as the “pre-indictment phase” and like I said that’s pretty important. Additionally the Court articulated the concerns and growing threats towards the FBI Special Agents. Which is why last week I was hair-on-fire pissed that Trump & his Alt-Right media know exactly what they were doing. You can read more here

Given the public notoriety and controversy about this search, it is likely that even witnesses who are not expressly named in the Affidavit would be quickly and broadly identified over social media and other communication channels, which could lead to them being harassed and intimidated.

Again you can pull down yesterday’s order from the ECF or via my Scribd account —in short I predict that Friday August 26, 2022 will be a very bad day for Donald Trump and his Kraken-Legal-Team 2.0 because if past is prologue then Trump’s week will end with the mighty lady-Justice (potential) rebuke of Trump and his judicial subterfuge. And with that you should be mostly caught up