The Government’s response to Trump’s objection regarding the Stay & Appeal. Five additional sealed filings now unsealed.

I should warn you that this is a particularly long and detailed article. My suggestion is that you might want to read it in sections otherwise you might find yourself in Info Overload,

As many of you know this week is quasi chaotic for me. And the typically free time isn’t as readily available. While previously I noted I’d be out of pocket from Sept 12th thru the 15th —I still managed to carve out time to keep my readers abreast and hopefully better informed.

With that said, I do not have any plans to revisit Trump’s most recent opposition, which was filed late yesterday. Mainly because I already dissected it and I’m not in the mood to lose what little functioning brain cells I have left, by rereading Trump’s novel legal arguments.

As I mentioned on September 12, 2022 Trump speciously raised the specter that the “classified documents might not be classified (according to Mr “I Alone Can Fix it” —conversely frankly speaking Trump’s intentional mischaracterization that “this is simply a storage issue” is incredibly myopic and highly inaccurate. Again you can read the previous dissection in it spicy entirety here

• Filed September 12, 2022 RESPONSE to Motion re 69 MOTION to Stay Pending Appeal filed by Donald J. Trump. See SDFL-ECF

Newly unsealed less redacted Mar-A-Largo Affidavit

As many of you might know on September 13, 2022 the release of a less redacted affidavit which was presented to the Magistrate Judge, in which Judge Reinhart stated the Government met the probable cause threshold. Contrary to what some on social media are incorrectly stating, it was not Judge Cannon who authorized the release of a lesser redacted affidavit. Nope. Dead Wrong. See the second bullet point because there are a few things on this particular docket I’d like to point out, that typically I attempt to write in a quasi orderly fashion but I’ll warn you that in this rare instance I’m going to go straight to Exhibit A. Mainly because it opened a pretty large door of the DDC Grand Jury.

• ORDER to Unseal re: 129 Motion to Unseal 129 . DE # 122, 123, 124, and 125 shall be unsealed. Signed by Magistrate Judge Bruce E. Reinhart on 9/13/202 -see ECF

• MOTION to Unseal Notice Regarding Additional Partial Unsealing-by USA as to Sealed Search Warrant:

  • Main Document (Doc # 129) filed by USA - Unsealed Document. See SDFL-ECF

  • Exhibit A -IN RE APPLICATION OF USA FOR ORDER PURSUANT TO FED. R. CRIM. NO. 22-GJ-37 P. 6(e)(3)(E)(i) FOR LIMITED DISCLOSURE OF MATTER FILED UNDER SEAL OCCURRING BEFORE A GRAND JURY —see SDFL ECF

• September 7, 2022 DDC Order authorizing the release of Grand Jury Materials, specifically the two aforementioned subpoenas,

Specifically, the government seeks to disclose the existence of grand jury subpoenas out of this district issued to (1) the Custodian of Records for the Office of Donald J. Trump on May 11, 2022, and (2) the Trump Organization on June 24, 2022, in connection with In re Sealed Search Warrant, No. 9:22-cv-08332-BER…

I’d urge you to please pay close attention to Exhibit A of Document No 129. Because this one is supremely important given we knew the following facts. Those who might have said I was wrong about two grand jury subpoenas, I’d now like to refer you to pages 2 and 3 of Exhibit A -Document No 129-1 —furthermore in late August 2022 the Court Ordered the (heavily) redacted Affidavit to be unsealed (should you be inclined you can read more here) and given the intense mainstream media “interest” in this criminal matter —of which Trump only has himself to blame, plus this’d who aided and abetted him in the theft of classified documents and subsequently playing the game of “hiding the (burnt) sausage” game. Ame

With all that said, I genuinely believe that my readers now have a fortified contextual understanding of previous filings. Thusly we can now move on to a more fulsome discussion concerning the recently unsealed affidavit. At the time I believe I set my readers expectations that it would be highly likely the Judge would (at a later date) would) ultimately issue an order, which unsealed of a lesser redacted Affidavit. But to properly set your expectations, the second release of the redacted affidavit, it is still heavily and I mean heavily redacted. Notwithstanding let’s quickly dive into what was recently unredacted:

Silence is the refuge of the wise unless you’re #SpyDipShit007

…I don’t know any of the current attorneys representing Trump in the Classified-Materials-Gate. But in my industry if your client is “that client” then eventually your relationship will be classified under the irreconcilably differences bucket of “no you’re fire” or “no I fired you first” —but there’s something I’d like to share with you. If I queried this correctly, this link will land you on the US District Court-District of Columbia. If you click that aforementioned/embedded link you landing page should look like this, minus the red color box.

The reason I put those five recently uploaded filings is a red box is I wanted you to know exactly what you are looking for. Also I’m a super type A personality - boarding on compulsive (OCD) organizer. The point? This is me literally showing you where and what to look for. If you don’t really understand the Federal Judicially System, it can be really confusing and finding the documents you want can be an arduous task. More importantly what this tells me is the DOJ Prosecutors are doing this by the book and the fullest extent of rules (both civil and criminal of Federal Procedure)

That’s a very important fact-nugget, but then again back on August 11, 2022 during Attorney Garland presser explained to the American people the DOJ’s standing policy. AG Garland further explained that Trump used his social media platforms —I’m pretty sure I informed my readers that the DOJ rarely talks about ongoing criminal investigation, unless of course the target of said investigation thinks he’s going to outsmart the men and women of the FBI and more broadly the DOJ. Again “silence is the refuge of the wise” but apparently Trump thinks he is way smarter than everyone else.

On August 30, 2022 the Government included in their response that Chief Judge Howell had ordered the very limited release regarding Grand Jury Number 22-GJ-37. Said disclosure was made by the USA in their response in a footnote. Again this is one of many reasons I will concerning to say “read the goddamn footnotes” (snort) because that’s almost always where you can find pertinent facts disclosed.

Back in August I opined that it’s possible that there might be a different grand jury seated in the SDFL. Simply put that was me speculating, but now we have the facts as part of the Public Docket. The reasonable assumption is there are several grand juries in DC that are investigating Trump.

• Emergency Application for Order Pursuant to FED. R. CRIM. P. 6(E)(3)(e)(i) for limited disclosure of matter occurring before a grand jury

• Order Granting the Government’s Emergency Request

• Supplemental Notice Regarding Proposed Redactions with Attachments by USA

• September 7, 2022 -Second Application for Order Allowing Disclosure filed by USA and subsequent Order granting the Government’s motion

  • The May 11, 2022 Grand Jury Subpoena 1) the Custodian of Records for the Office of Donald J. Trump on May 11, 2022, and

  • (2) the Trump Organization on June 24, 2022, in connection with In re Sealed Search Warrant, No. 9:22-cv-08332-BER, in the Southern District of Florida.

Doc # 128 & 128-1 appear to have been erroneously filed under the Sealed Search Warrant, No. 9:22-cv-08332-BER

In the process of my due diligence, I almost always do a secondary sweep of {insert case number} docket and yes I actually do read every page of almost every filing. And I’m not going to pretend for a brief nanosecond, my heart literally skipped a beat when I pulled down (previously sealed filing) Document Nos: 128 & 128-1 —not to be a spoiler but I’d hazard an educated guess and say this is most likely a simple filing error, on the part of the US Treasury. Notice the case number (I’m not talking about the auto populated bates numbering header, I’m talk about the red arrow:

• MOTION to Intervene by U.S. Department of the Treasury. See SDFL-ECF for Doc No 128

• See SDFL-ECF for Attachment/Exhibit to Doc No: 128-1 it’s not until you read Doc No 128-1 do you realize this is likely a human error. Because setting aside the bates header, notice the case number I highlighted in yellow? Well it’s :1:21-cv-00717 and it appears this filing was loaded to the incorrect docket.

Like I said it, it certainly appears that document no 128 & 128-1, respectively were incorrectly filed under 9:22-mj-08332.

Lesser redacted Affidavit RE Trump search warrant…

Again I’m pretty sure most of my readers expected the additional release(s) of the redacted affidavit. Notwithstanding I’d like to walk you through what I think might be important. Additionally I’m preemptively proving you with the first version of the redacted affidavit.

• NOTICE of Filing of Redacted Search Warrant Affidavit and Redacted Ex Parte Memorandum of Law concerning Proposed Redactions by USA as to Sealed Search Warrant (most will incorrectly assume Exhibit A is the newly unsealed lesser redacted affidavit. Don’t be like most people

  • Exhibit #1 lesser redacted Affidavit -38 pages

  • Exhibit,# 2 Ex Parte Memorandum of law -13 pages

  • Exhibit # 3 - Inventory Log abbreviated explanations, as to why the Government opted to (currently) withhold production to Trump (it’s not marked as a privilege log but one could infer it is)

• The newly unsealed lesser redacted affidavit is actually document no 125 - (Unsealed) Sealed Document/Affidavit in Support of an Application Under Rule 41 for a Warrant to Search and Seize… Modified on 9/13/2022 to unseal, per Order DE # 130 .

What new, if any facts disclosed in the lesser redacted Affidavit?

Off the bat when you compare the previously unsealed Affidavit alluded to what some might infer that some of the classified documents encompassed our Country’s most secret and sensitive classified documents. This would include the following acronyms:

• “HCS” = Human Control System. Specifically our IC relies upon actual human sources, or what’s colloquially known as: spies, think of clandestine actives of the CIA. Also see 2015 ODNI-FOIA release

• “SI” = signals intercepts, largely used by the NSA

“FISA” Foreign Intelligence Surveillance Act of 1978 -this is public law that allow for the domestic surveillance and wiretaps related to counterintelligence. See NSA Resource Page

Previously the general public was already aware of the ORCON and NOFORN (see DOD-OIG 2021 Audit which discuss both ORCON & NOFORN) so the disclosure on the newly unsealed lesser redacted Affidavit. Speaking see Page 17 is relatively important.

Heavy emphasis on Trump et al Obstructing the Investigation & zero evidence proffered that Trump properly sent documents for a declassification review…

As in the overwhelming majority of the time classified documents, go through an exhaustive review process, with the Agency who created said classified documents. As a gentle reminder, I previous researched the declassification process and guidelines to the teeth. I provided more than half a dozen agency guidelines. So just ICYMI, you can read more directly here. I could see the tsunami of misinformation and disinformation on the horizon and I wanted my readers to have unfettered access to factual documents. I mean what else would I do during the weekend, aside from doing heavy research lifts. However, if I’m going to be frank I’m so here for the “Dark Brandon Moments” President Biden has a very particular sparkle in his eyes when he’s about to say or do something mischievous.

Again the very inconvenient fact is at no time (applicable with NARA) and subsequently with the FBI and more broadly the US Attorney’s office did Trump or any of his staffers produced any kind of evidence that; Trump waved his imaginary magic wand and some how declassified any of these documents. As previously mentioned the original unsealing of the redacted affidavit (see Scribd) had redacted so many sections it was hard to make a determination. I now refer you to pages 17 & 18 of the September 13, 2022 affidavit -the following subsection title was completely redacted.

“Grand Jury Subpoena, Related Correspondence, and Production of Additional Classified Documents” additionally the entirety of paragraphs 51 and 52, respectively, are now complete unredacted.

“When producing the documents, neither [Trump] COUNSEL 1 nor INDIVIDUAL 2 asserted that [Trump] had declassified the documents. The documents being in a Redweld envelope wrapped in tape appears to be consistent with an effort to handle the documents as if they were still classified,"

…permitted alternative compliance with the subpoena by "providing any responsive documents to the FBI at the place of their location" and by providing from the custodian a "sworn certification that the documents represent all responsive records. " The letter further stated that if no responsive documents existed, the custodian should provide a sworn certification to that effect.

Grand Jury Subpoena RE Mar-A-Largo’s CCTV.

I genuinely think this is important both in terms of the DOJ and Trump. Until this less redacted Affidavit was unsealed, the general consensus was the Grand Jury Subpoena for the CCTV footage was likely only a few months. Approximately in the ballpark of 2 or 3 months. Importantly though, we, the general pubic still don’t if Trump Organizations fully and I mean fully complied with the Grand Jury subpoena, specifically surveillance footage.

Any and all surveillance records videos images, photographs, and/or CCTV from internal cameras located on ground floor (basement) - on the Mar-a-Lago property located at 1100 S Ocean Blvd. Palm Beach, FL 33480 from the time period of January 10, 2022 to present. (emphasis added)

Given Trump’s long and documented history of not only moving evidence, but willfully and knowingly destroying said evidence. The newly unreadacted affidavit, one doesn’t require a law degree —because it is abundantly clear with the most recent removed redactions. Hey remember that time a random twitter account said “that jackhole is known for tampering with evidence, in contravention of various coir’s orders” —to wit that tweet was immediately met with hostility. Super fun times, I tell you.

Trump absolutely knew stealing these highly classy documents from the Government wasn’t a violation of his oath of Office. This kind of reckless disregard for our Intelligence Communities’ sources and methods of unlawfully shared could only fact cost our human assets their lives.

…On July 6, 2022, in response to this subpoena, representatives of the Trnmp Organization provided a hard drive to FBI agents…

As reflective on page 23 of the Affidavit…I mean this particular page is a two for one. A BOGO =-because not only do we now know the previous subpoena for Mar-A-Largo CCTV went all the way back to January 10, 2022 to present. But the double bonus here, is the Government disclosed on July 6, 2022 Team Trump handed over a hard drive…

..which I find incredibly interesting. I mean I don’t think Trump is smart enough to scan a document into the Workcentre 7970 and then transfer onto an external hard drive. But I suppose I could be wrong.

And if you’ve made it this far into the article, below is your reward for muscling through this incredibly long article. Not that this matters but I like printing out both affidavits, then place them side by side. I’m oddly old school, I like the tactile interactions of manual highlights and the papers in my hands. Again you can pull down both redacted affidavits below👇🏻

• Separate 13, 2022 the lesser redacted Affidavit

• August 30, 2022 first release of the (heavily) redacted Affidavit (also see previous dissection, found here)

And naturally your saltwater therapy IG reel, this particular sunrise was incredibly beautiful to watch (and record) I had the aperture wide open. Thus letting in a lot more light during the Nautical Twilight. This particular sunrise ranks in the top 5.

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Unfortunately I really doubt that I’ll have free time to publish an article later today and most likely won’t be free until Friday. As many of you know this is the time of year that my schedule tends to be overextended. And it’s a mad rush to October. I suppose the one benefit of insomnia is, I can hyper-focus on writing/publishing for my readers.

Until then; Be Well -Filey