Trump’s horrible, bad and otherwise shitty week ends with a whimper. UPDATED as promised. 2nd Update
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Trump’s horrible, bad and otherwise shitty week ends with a whimper. UPDATED as promised. 2nd Update
The affidavit (even in its redacted form) is not good for Trump, his Mar-A-Largo attorneys and anyone who’s defending the indefensible. This is very and I mean very bad for Donald Trump
Editorial Note: the first, published at 6PM EST, which drills down on new facts contained herein, continues at the end of the original article, below. Whereas the second update (published at 11:03PM EST) strictly focuses on Trump’s Court Ordered filing. Incidentally if there isn’t a specific time specified by the Court’s Order, generally speaking that party has until 11:59PM on the day they were ordered to file. And just before 11PM Trump’s Kracked-Legal-Kraken Team filed. Also I don’t understand why #SpyDipShit007 isn’t trending on social media (read more here, here and here) I make zero apologies for the spicy vernacular. By now many of you might recall my various nicknames: 🍊💩🐵 (Orange Shit-Gibbon), #SwampDonkey #TryantCheeJesus, #RottenMango, #CheetoRatFucker etc —don’t judge me, that’s the only way I could cope with five years of Trump-Gates. The second update can be viewed at the end of this article too.
Before you read, I promise that after COB tonight I’ll update this article. Right now I don’t have the required bandwidth to do a deep dive …so BOLO for an updated this evening.
But flashback to August 2016 —oh dear this did not age well, at all
Look I get it that tiny details are often overlooked. And within minutes of Magistrate Judge Reinhart’s Aug 25th Order… the anticipation grew to a fever pitch. However one thing I know for sure, the anticipation might be overly dramatic. Given this is “an ongoing criminal investigation” —then the Government will not only protect the various witnesses but the integrity of the investigation. Yes of course we might learn new additional facts, but the reality is much of the affidavit is redacted and I’m pretty sure the “good stuff” is under those redactions…
ORDER granting in part4 Motion to Unseal. On or before noon Eastern time on Friday, August 26, 2022, the Government shall file in the public docket a version of the Affidavit containing the redactions proposed in ECF No. 89-1. Signed by Magistrate Judge Bruce E. Reinhart on 8/25/2022. See SDFL-ECF
And as noted in yesterday’s abbreviated Order —Magistrate Judge Reinhart “Granted IN PART” (emphasis added) and if you’ll note three of the four areas the Court took into consideration —is all but affirmed in the August 25th Order
I find that the Government has met its burden of showing a compelling reason/good cause to seal portions of the Affidavit because disclosure would reveal (1) the identities of witnesses, law enforcement agents, and uncharged parties, (2) the investigation’s strategy, direction, scope, sources, and methods, and (3) grand jury information protected by Federal Rule of Criminal Procedure 6(e)….
I had predicted that the Government would either file a Motion of Stay pending appeal and/or just a straight up appeal to a district court judge . What some might not actually understand is the Magistrate Judge is essentially the bottom of the judicial triangle. That if a Magistrate Judge issues an Order that’s unfavorable to the Government/Prosecution. Then the Government can in fact file an appeal to have a Federal District Court Judge review. Apparently the Government declined to appeal the Aug 25th Order —but the redactions are pretty damn heavy. Before we get into that I think a quick class in basic federal courts might be beneficial…
Basic Federal Courts hierarchy…
Again if you have a basic understanding of the Federal Criminal Justice System, then you likely already know:
At the Bottom of the triangle is a Magistrate Judge —who predominantly hear search warrant arguments —which are required to meet the “probable cause threshold”
In the Middle of the triangle is a Federal District Judge —this is where the majority of criminal proceedings occur.
In the second hierarchical position is the US Federal Circuit Court of Appeals —this particular position is where Federal District Court’s rulings are reviewed (on appeal)
And the Top position is the Supreme Court of the United States, which is self explanatory
As for the specious narrative that Trump really wants the full affidavit unsealed, is absurd on its face. This is mainly because an affidavit is known as an “adversarial” filing. Meaning the Government/Prosecution are attempting to sway a magistrate judge that they have met the “probable cause threshold”—which is also why I pointed out that Trump “didn’t join” the copious 3rd party intervenors.
Hell he didn’t even file a Memorandum of Law in support of the MSM’s motion to unseal. I understand that’s a hard nuance to understand by those who aren’t adept in our Federal Criminal Justice System. And why I’ve repeatedly suggested you bookmark the NARA webpage, pertaining to records from the Trump administration. Because that’s an open source Fact jackpot.
Acknowledgment of Receipt of NOA from USCA as to Sealed Search Warrant re 84 Notice of Appeal - Other Order, date received by USCA: 8/24/2022. USCA Case Number: 22-12791-J. See SDFL-ECF to be clear that’s a non-party appeal not the Government’s appeal
Unsealed) Sealed Document/Notice of Filing of Redacted Memorandum. (Attachments: # 1 Exhibit B) (jmd) Modified on 8/26/2022 to unseal, per Order DE # 99 —see SDFL-ECF —this filing specifically Exhibit B shows the areas of redactions
Document No 98 is the Government’s NOTICE OF FILING OF REDACTED :MEMORANDUM and this is an important read. Mainly because it details why the Government’s redactions are necessary
Look I’m not going to torture you -you can buy it via the SDFL-ECF or you can save yourself a few bucks and pull it down via my Scribd Account —unfortunately I’m on a very tight work deadline, so I don’t have the bandwidth to do a deep dive.
But this particular paragraph on page 2 will help you understand the full context and content leading up to the August 8th search and seizure warrant…there’s a lot to unpack in this paragraph. Because a plain reading of it actually provides a pretty detailed scope of the investigation. And it actually answers (or at least partially) why the FBI (via a Grand Jury) sent two subpoenas to Trump for CCTV footage of Mar-A-Largo. Pay attention to the text in bold. Again as previously noted this is what we call an “adversary filing” because nothing, even in its heavily redacted form equates to exculpating evidence for Trump. It’s the opposite
…determine whether the storage location(s) at the PREMISES were authorized locations for the storage of classified information;
determine whether any additional classified documents or records may have been stored in an unauthorized location at the PREMISES or another unknown location, and
whether they remain at any such location; and identify any person(s) who may have removed or retained classified infmmation without authorization and/or in an unauthorized space. … (emphasis added)
If you are paying attention to a Twitter Blue QANON —do me a huge favor —read the affidavit. Because the breathless “OMG there’s FISA shit in the affidavit” literally makes me want to create a new Twitter account and then take the Blue QANON-clowns to task. Mainly because DUH yes FISA is noted but that’s largely due to the Affiant reiterating the classifications of TS/SCI SAP ←swear to Christ I will rejoin twitter just to shut the Blue QANON-sense down. Stop believing what they tweet, they are only making you more stupid. For Example: well holy Shittlestix that seems important (read more here -also see See the February 2022 PRA Article or read the half a dozen previous articles here)
February 18, 2022, the Archivist of the United States, chief administrator for NARA, stated in a letter to Congress's Committee on Oversight and Reform Chairwoman The Honorable Carolyn B. Maloney, "NARA had ongoing communications with the representatives of former President Trump throughout 2021, which resulted in the transfer of 15 boxes to NARA in January 2022 .... NARA has identified items marked as classified national security information within the boxes." The letter also stated that, "[b]ecause NARA identified classified information in the boxes, NARA staff has been in communication with the Department of Justice." The letter was made publicly available at the following uniform resource locator …
Do not overlook footnote #2 in the affidavit
The footnotes, oh glory to the glorious footnotes. Many might overlook the citation of (and this is important, please pay attention) —I’m talking specifically about 18 USC §793(e) —You might feel the urge to ask; So what is the reason for particular footnote is hugely significant. In previous disclosures/filings, the DOJ didn’t attribute to the subsection (e) —and that’s why I think you shouldn’t overlook this tiny details. Because 18 USC §793(e) specifically states the following:
Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it;
18 U.S.C. § 793(e) does not use the term "classified information.'' but rather criminalizes the unlawful retention of "information relating to the national defense." The statute does not define "information related to the national defense." but courts have construed it broadly…
I will provide a much more comprehensive update after COB -I promise
But I absolutely need to get back to my actual J-O-B again you can pull down the 38 page (heavily) redacted Affidavit from my Scribd Account and of course your daily saltwater therapy …full disclosure yesterday I returned to my former boss’ grave. It’s the second time in 121+ days since his suicide. I cussed him out for not being here and cried, a lot. I’m still not in a good head space and I honestly don’t know when I’ll be okay —but I have to say it, yet again: I am so grateful to my readers who gently pushed me to seek a grief counselor. I’m not sure I would have survived this endless ocean of grief. I’m working on it but this has likely been one of the hardest things I’ve endured. My former boss was like a father figure and his suicide left a hole, greater than the Grand Canyon in my heart, soul and mind…
Again I’ll update with a far more comprehensive article after COB but I had a few moments in between video conference calls and figured I’d get the affidavit out to my readers as quickly as possible
Updated August 26, 2022
at 9:45PM DC local time —the update can be found below -but my work day ended early so I was able to publish the update shortly after 6PM DC Local Time
What is the DOJ trying to protect?
While that is a fairly simple question, based on a plain reading of the redacted affidavit and previous filings by the Government, there are five distinct areas of protection and/or concern (previously noted last week, read more here)
Witness information,
Investigation Road Map
Grand Jury Info,
Safety of Law Enforcement, and
other 3rd party privacy interest
Trump’s recklessness could result in Intelligence Assets being killed…
See page 8 of the affidavit—it’s there in black and white —irrespective of Trump’s ever evolving explanations/excuses —there’s literally no defending this kind of reckless disregard to not only our collective National Security but to the nameless men/women of our intelligence community
NARA Referral stated that according to NARA's White House Liaison Division Director, a preliminary review of the FIFTEEN BOXES indicated that they contained "newspapers, magazines, printed news articles, photos, miscellaneous print-outs, notes, presidential correspondence, personal and postpresidential records, and 'a lot of classified records.' Of most significant concern was that highly classified records were unfoldered, intermixed with other records, and otherwise unproperly [sic] identified."
But before we do a deeper dive into the Affidavit, I went ahead and decided to do a reach back of Donald Trump and his campaign stump speech concerning classified documents, his oath of office and the “lock him up” ←originally Trump’s Domestic Terrorist, damnit I mean MAGA-QANON-GOP supporters chanted the “lock her up” (Hillary Clinton) but then their Burnt-Umber Dear Leader indoctrinated them into say “lock him up” with the “him” being President Joe Biden.
Karma and Turnabout Fair play is delicious (also YouTube put me in a 1 week time out because Mark Finchem and an Oath Keeper apparently didn’t like my research that proved one of them is a convicted child molester) —me slow clapping at their mendacity…
Does the DOJ know for sure they clawed back ALL the classified documents? That’s a serious question:
Because if you read page 37, Attachment A —do you see what I redlined? To my trained eye that tells me that not all of Mar-A-Largo’s premises were searched. Coupled with Trump’s proclivity of chaos, recklessness and pitiful “absolute (insert immunity, power etc) —it doesn’t seem far fetched that there could still be classified documents in Trump’s possession (cough BedMinster, Trump Tower etc) When you are talking about highly classified documents, especially those with National Security implications and our Intelligence Communities “sources and methods” and that’s not good.
Trump’s unlawful retention of National Defense Information, Human Intelligence
Just when you attempt to wrap your head around Trump’s latest dirty deeds, then a court unseals the heavily redacted affidavit and only then do you realize just how badly and recklessly Trump handled classified documents. Again I’m not an intelligence or counterintelligence expert, nor have I ever committed actual wire fraud (like charging $10/mo for zero tweets), but I digress. Even though English is my second language, I can read. In a closer examination of the Affidavit, it sure seems that there is ample and good cause to be very concerned about Trump and our Country’s most secret, secrets. I think it’s a safe assumption to assume just how bad this is for Trump.
To be clear the vast majority of this redacted affidavit drills down on the fifteen boxes that the NARA managed to clawback from Trump, in January/February 2022. The level of “kit gloves” and the DOJ’s “differential treatment” towards Trump. This was after over a year of “negotiating” with Trump and his legal team (you can read the February 2022 article here) —if you or I ever had classified documents in our home, I can assure you that the DOJ/FBI nor NARA would “negotiate” with our attorneys. Muchless negotiating for over 16+ months. No you or I would likely been sitting in Jail and facing a multi count indictment. So Trump’s ever changing “excuse” strains credulity and commonsense.
…”evidence of obstruction -other classified defense documents”
To further aggregate the timeline because Trump’s pivot to the Deep State “broke in to my home” is utter nonsense. I now refer you to paragraph 47 —citing in May 2022 the FBI’s preliminary review. Just to reiterate paragraph 47 pertains to the fifteen boxes NARA clawed back
May 16-18, 2022, FBI agents conducted a prelimina1y review of the FIFTEEN BOXES provided to NARA and identified documents with classification markings in fourteen of the FIFTEEN BOXES. A prelin1ina1y triage of the documents with classification markings revealed the following approximate numbers: 184 unique docmnents bearing classification markings, including
67 documents marked as CONFIDENTIAL,
92 documents marked as SECRET, and
25 documents marked as TOP SECRET…
…the FBI agents observed markings reflecting the following compartments/dissemination controls: HCS, FISA, ORCON, NOFORN, and SI. …I know that documents classified at these levels typically contain NDI. Several of the documents also contained what appears to be FPOTUS 's handwritten notes.
In short but to reiterate the redacted affidavit primarily discussed the fifteen boxes recovered by NARA. Which included 184 Unique Documents with the aforementioned classified, classifications. The categories of the documents Trump unlawfully had like includes foreign intelligence signals (like intercepts and/or intel from our Allies) —this means that if released or unlawfully shared with foreign governments and foreign individuals would actually lead to the death of American assets. Again none of the documents detailed within the Affidavit include the documents clawed back in June 2022 and the subsequent August 2022 search warrant. In short Trump stole a ton of highly and gravely damaging documents that could put countless human intelligence assets at mortal risk. (I was originally going to let that typo stand but in good conscious I couldn’t let it stand)
“HCS” also known as HUMINT Control System -this indicates that the material concerns human sources and are assets. See 2013 DNI Memorandum
“ORCON” infers the document is extraordinarily sensitive that its originator (Agency) must approve any request to share it aka access and control. See 2013 ODNI guidelines
“NOFORN” means material(sP what can not be shared/disclosed with any foreign entities, even to our allies, without the prerequisite permission of the Agency.
“SI” -Special Intelligence, these are typically signals intercepts, and predominantly handled by the National Security Agency.
This National Archives link will take you to each Originating Agency’s policies and guidelines for classified documents. Also see 32 CFR PART 2001, ISOO IMPLEMENTING DIRECTIVE Updated on JUNE 25, 2010 —again we do know that in 2019 Mar-A-Largo was outfitted with a SCIF but a closer reading of the redacted affidavit, indicates that Trump wasn’t just sloppy with classified documents, he was absolutely reckless. I expect Trump to argue “but I didn’t mean to take those documents“ and let me tell you that’s when “actual or constructive possession” will come into play
Trump’s Motion for Special Master:
To be clear Trump’s August 22, 2022 Motion/Complaint requesting a “special master” and his claim of Executive Privilege (you can read more here) —the Court ordered Trump to file an amended/supplemental filing. However I’d like to refer you to pages 31 & 32 attached to the redacted affidavit, titled:
As you’ll note the Government’s (redacted) Affidavit included actual procedures for any documents where Attorney-Client Privilege could come in to play. As for Trump’s assertion of Executive Privilege
At time time of publication of this update, Trump nor his legal team in case styled as; Trump v. United States Case No: 9:22-cv-81294has yet to docket the amended complaint or supplemental motion. See ECF for recent docket report but again I’m not going to spend my Friday night constantly hitting refresh in the ECF.
And then just like that you notice a few additional entries in Trump’s far fetched complaint. Gosh who’s Raj Patel? Well he’s a litigation interloper that continually filed Motions to Intervene
One logical explanation why Trump failed to comply with the August 23rd Paperless Order -one could argue with the release of the redacted affidavit then Trump’s August 22 complaint is moot. But there’s a slight problem with that conclusion Trump should know the Rules of the Federal Civil Procedure, he would have to file the Motion (as prescribed by the Aug 22nd order) or he would be required to file a voluntary Motion to Dismiss his civil complaint. So we’ll have to take the wait and see approach. Although I do think the sloppy lawyering is emblematic of the “seriousness” of Trump’s Kraken-Legal-Team 2.0. —in short I’m telling you that Trump really does not have the caliber of attorney(s) he needs to fight the criminal investigation into the classified documents. And no I do not feel the least bit sorry for Trump. He did this to himself and he is going to be forced to be held accountable for his dangerous and reckless acts.
Kash Patel really needs to shut his mouth;
I’ll totally own that my fascination with all things Kash Patel is largely an unhealthy obsession. But if you thought I was off the mark about Patel, I now refer you to paragraphs 52 and 53 of the affidavit —I mean it’s pretty clear that investigators also have Patel on their radar. I’d actually argue that the HSCJ6 is far more precarious to Patel than his “alleged” involvement with the Mar-A-Largo unlawful retention and storage of classified documents. But then again I might be wrong but I don’t think I am given when the HSCJ6 returns in September there’s going to be focus on the DOD and 25th Amendment.
“President has absolute authority to declassify documents” (shitty legal argument)
FPOTUS COUNSEL asked DOJ to consider a few "principles," which include FPOTUS COUNSEL l's claim that a President has absolute authority to declassify documents. In this letter, FPOTUS COUNSEL 1 requested, among other things, that "DOJ provide this letter to any judicial officer who is asked to rule on any motion pertaining to this investigation, or on any application made in com1ection with any investigative request concerning this investigation."
Kash Patel, who is desc1ibed as a former top FPOTUS administration official, characterized as ''misleading" reports in other news organizations that NARA had found classified materials among records that FPOTUS provided to NARA from Mar-a-Lago. Patel alleged that such repot1s were misleading because FPOTUS had declassified the materials at issue.
If the HSCJ6 can prove that Patel either mislead or flat out lied to then acting .defense secretary and/or he was intimately involved in the hours long delay of giving the DC National Guard the “green light for go” to knock down the hundreds of domestic terrorist on Jan6th. I also dislike the fact that Kash Patel is profiting off indoctrinating young children with his insane and dangerous children’s book —I’m at the point to surrender and “let the chips fall as they may” with respect to Patel. Lady Justice is coming for him
Shocker Trump didn’t exactly vet his newest kraken-legal-team but if that name oddly rings a bell —well it should because most recently Corcoran represented Steve “Slovenly” Bannon.
“There was no vetting done by the president…"The president got on the call, asked him his name, and if he wanted to do this work, and he said yes."
I wanted you to have those tiny facts before we discuss the most audacious May 2022 letter from Trump to the DOJ. For a split second I laughed… until I got to pages 2 and 3…
President Has Absolute Authority To Declassify Documents. Under the U.S. Constitution, the President is vested with the highest level of authority when it comes to the classification and declassification of documents. See U.S. Const., Art. II, § 2 ("The President [is] Commander in Chief of the Army and Navy of the United States[.]"). His constitutionally-based authority regarding the classification and declassification of documents is unfettered. See Navy v. Egan, 484 U.S. 518, 527 (1988) ("[The President's] authority to classify and control access to information bearing on national security ... flows primarily from this constitutional investment of power in the President and exists quite apart from any explicit congressional grant."). (2) Presidential Actions Involving Classified Documents Are Not Subject To Crimin
But it’s page 3 that’s the trifecta of subterfuge and illogical arguments —mainly because I don’t think anyone is questioning the constitutional authority vested in the Office of the President of the United States. Moreover the Presidential Records Act was codified post Nixon Administration. Read the Feb 11, 2022 article here —because these arguments are not at all persuasive and it fails to properly read the plain text of the Espionage Act. To be clear in May of 2022 Trump’s attorneys made two very specific requests and I think it’s important enough to highlight Trump’s May 2022 “asks”
We request that DOJ adhere to longstanding policies and procedures regarding communications between DOJ and the White House regarding pending investigative matters which are designed to prevent political influence in DOJ decision-making.
…we request that DOJ provide this letter to any grand jury considering evidence in connection with this matter, or any grand jury asked to issue a subpoena for testimony or documents in connection with this matter.
With respect to Trump’s (hilarious) request that the DOJ should essentially stand down this investigation —you do understand how absurd that is, right? See July 19, 2022 Washington Post explainer concerning Attorney General Garland’s;
To say Donald J Trump is in serious criminal jeopardy—this might be an understatement. Conversely Trump (via his attorneys) still believe and act like he’s still the president. Nonetheless in January of 2022 I literally asked: Why has Donald Trump, Mark Meadows, Kash Patel and others not been indicted? And that was before we knew about Trump’s large cache of highly classified documents. The implications can not be emphasized enough. Especially the types of National Defense Information contained in what appears to be hundreds of pages of highly classified materials. Last week I rhetorically asked if Mar-A-Largo still has the SCIF and if Trump’s (current) Attorneys have the prerequisite security clearances required to even handle Top Security, Top Secret/ Sensitive Compartmented Information (aka SAP documents)
And this is actually pretty damn important, among Trump’s legal filings and various public comments, do you know what they’ve failed to produce? Any and I mean any (exculpatory) evidence that Donald Trump followed protocols and/or Agency guidelines to “declassify” documents. While most might overlook that, I personally think the lack of Trump’s strong and evidentiary proof that “he had a standing order” is something you shouldn’t ignore.
In short I do not think Trump is treating the gravity and solemnity of just how onerous his actions are. Some might argue that it’s just Trump being sloppy. I’d argue that Trump never fully understood or respected the “awesomeness” that comes with the Office of the President of the United States. That alone should be enough to disqualify him for all of eternity from ever holding any public office, what so ever. Because that’s just how serious, grave and utterly reckless Trump and his local attorneys behaved in their defense of the indefensible…
However (and I apologize if this is a bit of disheartening) given Trump’s track record, we haven’t surpassed the “it was a prefect call” ridiculousness that Trump uses to defend his indefensible actions. We’ve completely blown past that trite pivot. We are in fact in “uncharted Accountability Waters” and while intellectually I want that POS indicted. If past is prologue then I think it’s pragmatic to wait to believe it when you see it. Also unlike Trump I actually trust President Biden that he’s not leaning on our Department of Justice but the screaming Trump-MAGA-GOP goats are working overtime to discredit the incredibly serious nature and the facts that precipitated the August 8th warrant. And don’t get me started on my purported employee Judicial Watch—where we can observe Tom doing backflips trying to justify Trump’s actions.
Given for years we were all told that “XYZ would take Trump down” and until this nearly catastrophic National Security blunder I genuinely held out hope that the Senate would convict Trump (during both impeachments) and yet it was like Trump truly is “Teflon-Don” —but this is a completely new level of criminality facing Trump. Candidly that brings me incandescent joy. I genuinely hope that none of our human intelligence assets are KIA based on Trump’s irresponsible and reckless handling of highly classified documents. I also find a lot of satisfaction knowing Trump is under at least five criminal investigations.
🌶Spicy Sidebar 🌶The baseless accusation that I’d work for a shit organization like judicial watch is hilarious. Largely because I know they can not afford me and I’m not that desperate for work to ever work for an organization like Judicial Watch. A few years ago I tweeted a picture of the US Capitol from a client site. No really that’s what my insane stalkers tried to claim —“as proof I work for Judicial Watch” which it still makes me chuckled at the absurdity of this straight up lie. I mean the level of deep stupid to not acknowledge there are literally 14+ sky scrapers in the proximity of our Capitol isn’t lost on me. But hell I thought I worked for the DNC, while simultaneously working for the RNC, Claude and/or Louise. Where are my paychecks? Where are the FEC reports showing a distribution to me as an employee for the PAC? Also since Judaical Watch is a Tax Exempt Organization how come there’s no payment to me in their Taxes Filed? Well DUH because I’ve never worked for any of the organizations or individuals some claim I did…
Whispers Trump still has yet to file what the Judge Ordered him to file (see August 23, 2022 paperless order) and I’m not ready to spend the rest of my Friday night racking up PACER charges via docket reports —at any rate the promised update has now been delivered (about 3+hours ahead of time) because my work load allowed me to end my workday at 4PM. And I like to keep my promises.
/FIN -Filey
2nd Update -Trump’s supplemental filing
As previously noted the Court issued a paperless order on August 22, 2022 (read more here) as noted at the time of filing I figuratively said: WTF is this madness _-I also noted just how ridiculous Trump’s Motion was/is —setting aside the massive “jurisdictional” issue that Trump’s new legal team completely ignored. I don’t know if it’s pure incompetence or swinging out of the litigation league. Either way I noted that Trump’s Motion was one the shiftiest ones I’ve read in a long time. And that was after pontificating on just how bad Trump’s new attorneys are.
To better assist you with the actual content of the Judge’s paper order, I’d recommend you briefly read this subsection of a recent article. But good lord the amount of rank subterfuge in Trump’s Supplemental Filing —see SDFL-ECF or via my Scribd account
Here, once again Trump makes minimal effort to explain the jurisdictional concern (raised by the District Court Judge) moreover Trump completely conflates the cited SDNY case …setting aside the fact that the subject matter here involves Criminal Rules of Procedure and ongoing Grand Jury activities —I can’t wrap my head around why Trump is citing civil rules. I can only surmise this is the Trump-Litigation-Chaos Strategy. Banking on muddying the waters to the point up is no long up and down is no longer down. Also apparently Trump’s Petty University degree earned him a masters in pettiness because he should and could have used the Michael Cohen Special Master Appointment —how ever he opted to cite the Giuliani search warrant and it reminded me that there’s also an investigation in the SDNY and it’s possible a Grand Jury subpoena was also issued in late 2021 and early 2022.
This Court has jurisdiction to provide the equitable relief sought by Movant pursuant to the Court’s equitable and ancillary jurisdiction, as well as Federal Rule of Civil Procedure 53. In May 2021, the Government pursued a similar avenue for requesting the appointment of a Special Master in In re Search Warrants Executed on April 28, 2021, No. 1:21-mc-00425 because that particular case
The aforementioned case concerns the late 2021 Giuliani and Toensing search warrants. Which incidentally is yet another separate criminal investigation concerning Trump’s attempts to Defraud the United States of America and/or inciting an actual insurrection. But I digress
‘…equitable and ancillary jurisdiction…”
Moving on to pages 3 & 4 —it’s important that you know: Rule 41 of the Federal Rules of Criminal Procedure. —because here we can observe Trump’ complete misrepresentation of Rule 41 (g) 1specifically he failed t( distinguish how the August 8th execution of a lawful search and seizure warrant was an “unlawful search” —Trump’s response reads in part part:
Movant seeks an order directing the appointment of a Special Master to oversee the review of materials seized from Mar-a-Lago on August 8, 2022 and enjoining the Government from engaging in any further review of those materials.
Second, Movant requests an order directing the Government to provide a more detailed account of the materials seized from on August 8, 2022, and to return any seized items that fall outside the scope of the Search Warrant.
…Fourth Amendment concerns underlying Movant’s requests, the requested relief is necessary to ensure that Movant can properly evaluate and avail himself of the important protections of Rule 41 of the Federal Rules of Criminal Procedure, particularly the ability to move for the return of seized property under Rule 41(g).
Because what Trump also fails to clearly articulate, assuming arguendo, the SDFL District Court buys his lack luster jurisdictional arguments of “equitable and ancillary jurisdiction” then possibly he might have a strong argument. Unfortunately this supplemental filing is worse than the original filing. Here’s something you might not know, when it comes to “shall” versus “should” if you are a competent attorney you never argue the “should” you always argue the shall. To be fair I do think Trump does make a particularized argument with respect to the Magistrate Judges limitations. But again this does come back to “always know your local rules” and if your attorney repeatedly conflates Criminal versus Civil Rules of Procedure —I sure hope Trump’s new attorney demanded a nice big fat retainer fee upon execution of the letter of engagement (snort)
Here’s the thing Trump’s main argument hinges on the District Court exercising; equitable and ancillary jurisdiction (on the latter Trump’s filing pivots to ‘anomalous’ which is interchangeable see pages 4, 7 and 8 —the conundrum is in one breath Trump argues Magistrate Judges are not authorized to appoint a Special Master — only later to acknowledge the Magistrate Judges have in fact appointed special master(s). With regards the other extraordinary relief Trump is seeking, I can’t in good faith say his Supplemental Filing was better than the original complaint
Honestly I feel less smart after reading that hot mess. (See Scribd) and I definitely need to find a much better way to spend my Friday Nights. I’m taking the rest of this weekend off and possibly won’t return to Substack until after Tuesday of next week. But I think it’s long over due for this gif…
Again I’ve done my best to upload the various filings concerning the lawful August 8, 2022 search warrant to my Scribd account —all said can we all agree that Trump is now (finally) in serious criminal jeopardy and that absolutely delights me. Between the ongoing
USAO-DC criminal investigations (Jan6th Attack, Trump & his cohorts attempting to “obstruct an official government proceeding”
HSCJ6 returns to DC in a matter of days and I’m fairly certain they’ve received additional information from a flood of new witnesses —concerning Trump’s attempts at defrauding the United States of America via his fake electors scheme
Fulton County District Attorney —you can read more here, the October 2021 Senate Judiciary Report, found here, July 2021 House Oversight released the handwritten notes, found here and more recent articles here and lastly Trump’s cohort Sen Graham’s fighting the Subpoena, here
—whoa that was a lot of supplemental information, my brain now hurts, so I’ll bid you a fond good night and I’ll see you early next week…
g) Motion to Return Property. A person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property’s return. The motion must be filed in the district where the property was seized. The court must receive evidence on any factual issue necessary to decide the motion. If it grants the motion, the court must return the property to the movant, but may impose reasonable conditions to protect access to the property and its use in later proceedings
Writing notes on classified top-secret documents in his own handwriting. Priceless. lol. The black sharpie strikes again. Such a dumbshit!!
Thank you for the appetizer!
Good luck with the rest of your day.