The proposed SOW for the Special Master & let the games begin…

In a completely expected move Trump & the Government are a chasm a part. Exactly what you should have expected. Because they don’t call Trump a vexatious litigant for nothing

Friday late night Court Filings…

Is a super way to spend a Friday night —note mah snark but in all seriousness I think most of my readers know I have alerts set up and just after 10:19PM my phone alerted. I really think I need to do something else (albeit likely less productive) on a Friday night.

Clearly it’s not a normal Friday night (in Trump-mania) unless I’m refreshing the ECF every five minutes or so. Below I’ve provided you with both the ECF links and links to my Scribd account. Because there’s no sense in you spending >$2.40 when I’ve already purchased them for my readers. Thank you and make sure you tip your waitress on the way out

• See ECF Link to document # 83 -Joint Status Report regarding the appointment, scope and duties of a Special Master (also available via my Scribd account)

• By all appearances the parties are in complete agreements with having Fed. R. Civ. P. 53(c). as the guidepost -this official SDFL Court link will take you to the most current (local rules) of Federal Civil Procedures or this direct link to Rule 53(c) which itemizes the power vested in a Court appointed Special Master

• Document # 83-1 -Exhbit A via SDFL-ECF is Trump’s Scope/Statement of Work (SOW) for the special master. A highlighted and redlined copy can be downloaded from my Scribd Account —take note of the redlines and my spicy annotations (it’s Friday night and here I am working, for free, so my Spicy cup runneth over)

• Document # 83-2 -Exhibit B via SDFL-ECF is the Government’s proposed SOW. Again you can pull down a highlighted and annotated copy from my Scribd account

However (and this is extremely important), I’d like to refer you to footnote #1 of the Government’s proposed Order. There’s something really important in it —and it addresses the distinct possibility that there are other classified documents co-mingled in Trump’s insanely disorganized “filing system” —but it certainly raises the specter that investigators might not have clawed back all the Classified documents and/or the possibility Trump et al moved said documents from Mar-A-Tackyhole-Largo. (see previous discussion regarding the Mar-A-Largo SCIF) —additionally less than 48 hours ago the Government filed both their Notice of Appeal and Stay Pending Appeal. Just to reiterate I explained (I think in decent detail) why the DOJ’s Appeal was secular to the 100+ classified sets of documents. Especially since Trump’s lack of standing regarding the classified docs and glaring lack of any evidence (whatsoever) that he declassified said documents, read more here

Is the Government sure they clawedback all the classified documents?

Like many of you I’m not at all convinced that the Government has actually clawed back all the classified documents Trump stole. And that’s why I think the footnote in the Government’s proposed order are improperly. It’s also worth reminding you that the Government found some 40+ empty classified folders. Widespread public reporting suggest the DOJ might not know the contents of these empty classified folders were. That in of itself is hugely problematic. I believe that the Chain of Custody will not be exculpatory for Trump, at all.

In the past we’ve talked about the Agency SAP guidance/protocols. see here and here. My educated guess is the Agencies SAP protocols will help investigators figure out the chain of custody and contents of both the empty folders. But again that’s an assumption on my part, so it’s okay to be skeptical.

Incidentally if any of you can find the blatant error in Trump’s proposed Order, I’ll gladly send you a $50 Apple iTunes card. Because the sloppy lawyering by Team Trump is beyond sad, it’s hilariously sad. I’m not joking if you can find the error then I’ll either wire you an Apple Gift card or I’ll mail you one because I’m pretty sure only an attorney, paralegal and/or legal secretary will find it.

And now that you have full (and zero cost) access to document 83, 83-1 and 83-2, so let’s go ahead and do a speed walk through tonight’s late night filing. However when I say that there is a chasm greater than the Grand Canyon between parties that’s because, well DUH there are several large areas of disagreement. Primarily the classified documents, workflow of the Special Master, and Timeframe.

The (Proposed) Special Master candidates:

Both parties nominated two individuals. However if the name (former Judge) Barbara Jones rings a bell —well it should. As she was ultimately appointed as the Special Master in both Michael Cohen and Rudy Giuliani search warrants. Frankly of the four candidates, Jones is probably the most qualified. Yes I’m saying of the 4 candidates to fulfill the role of special master, proffered by both parties. She is absolutely not partisan and she’s likely one of the most ethical and fair guardians of our Country’s judicial system. Yes I’ll admit that I’m biased when it comes to Barbara Jones.

The proposed special master for Trump -suffice to say his candidates are underwhelming and in fact I’d say Paul Huck, Jr.— should be immediately disqualified given his close ties to Governor #DeSatan & glaring conflict of interest. Largely because Trump contemplated naming his wife Barbara Lagao to fill the venerable Justice RGB seat on the bench. Moreover in 2020 the Washington Post published an article where a colleague referred to Paul Huck Jr as “the godfather of the Federalist Society in Miami,” -also see his archived Miami Law School biography —To say Huck, is one of the most partisan nominations Trump could have possibly made, is an understatement. As for the other individuals, I really do not have an opinion. Hence why I’m largely silent on the two other proffered as the Special Master. Worse is Huck’s wife Barbara Lagao current sits in the very same Federal Circuit Court of Appeals that the parties would (potentially) file an appeal. Talk about a Trump-titanic conflict of Interest…

Timetable proposed;

The Government believes that the special master should only take five weeks, with a hard stop deadline of late October 17, 2022. Whereas Trump’s team wants upwards of 3 months. Again that’s a pretty big disparity among the parties. Given that parties seemed to reach an agreement (see page 2) “The parties agree on reducing the default 21-day review period in Civil Rule 53(f)(2) to 10 days.”

If I’m going to be cynical, then DUH of course Trump wants the review to exceed 90-days because (he thinks) that will insulate him from being indicted. Given Attorney General Garland has been largely reticent about this ongoing criminal investigation. Again AG Garland only held a press conference after Trump announced to the world that the “FBI raided, broke in to my home” —when we know that’s not even remotely accurate or true.

A few areas where the parties disagree

Before we dive into the areas of disagreement, one very important factor to consider is the Special Master will have to have the prerequisite TS/SCI-SAP clearance. And their legal support staff will also be required to obtain one of the highest security clearance. Sans TS/SCI (and SAP) clearance, they would be prohibited from handling/reviewing, the highly classified documents seized by the Government, pursuant to the lawful search warrant.

Incidentally remember how I keep saying: “to date Donald J Trump has not argued the validity of aforementioned search warrant and/or proffered any evidence to suggest he had (preemptively) declassified those documents via his sharpie” Most expected him to challenge the warrant with the general consensus being Trump would argue “the warrant was too broad and vague” —so I do find it intriguing that to date Trump hasn’t taken that litigation side road.

• Government does not believe it’s appropriate for the Special Master to review the classified documents, whereas Trump wants the classified documents reviewed in a piece meal fashion.

• If I’m cynical my assumption is Trump wants the detailed inventory receipt because he wants to figure out if (assuming here) he had squirreled away Classified documents at any one of his properties. My guess is, well duh of course he did.

Trump doesn’t want the Special Master to engage the NARA (and/or archivist)…

And I know exactly why he is so resistant to the Special Master including the NARA during their deliberation, and subsequent Special Master review and/or reports to the court. You’ll have to wait until tomorrow for me to lay down my cards to prove “I know why Trump doesn’t want the SM to interact with NARA” —because that the softest of soft underbelly for Trump. I will drag him kicking and screaming into the blazing hot sun. You intractable ignoramus. You think you’re Roy Cohn tricks would work in this situation? <snort and snickering>

Additionally it’s notable that Trump submits to the Court the Special Master need not consult with the NARA (and the archivist) —which is extremely telling. Mainly because it’s oddly nonsensical that Trump doesn’t want the Special Master to consult with NARA. Remember it was NARA who sent a criminal referral to the DOJ in Feb 2022… tomorrow I’ll publish my receipts which will give you a factual “reason why” Trump included this in his proposed order.

Once again Trump failed to particularize any evidence that he declassification of these documents.

Again I would recommend that you take a moment to watch Secretary Clinton’s recent appearance on The View —because her interview gives you a pretty accurate Agency (specific) protocols/guidelines.

The View @TheView

.@HillaryClinton tells #TheView the classified documents seized from Trump's Mar-a-Lago estate "should concern every American" because information “essential to our country’s defense” could be included. "People literally die to get our government information," she adds.

Because Sec Clinton relays a pretty detailed (like step by step) process she went through when a TS/SCI SAP documents were in play. But the crazy thing is Trump sure seems to (unintentionally) argue that of course he stole classified documents “because they are mine” ←like a lawless man-child. Below is a very generalized summary of the (rather limited) scope. Which reads in part:

…should review all Seized Materials, including documents with classification markings. Plaintiff also contends that the Special Master should examine the documents to evaluate potential Executive Privilege claims. The Plaintiff does not believe that the Special Master should, or needs to, consult with the National Archives and Records Administration…

If I’m going to be intellectually honest I think it’s nonsense that Trump wants the Special Master to adjudicate on Trump’s (feigned) “blanket Executive Privilege” in my non-binding opinion, that is Trump attempting to take multiple bites at the apple. However I do think to some degree it might be judicially efficient & economical for the Special Master to opine on specific (and extremely narrow) Executive Privilege claims made by Trump. Yet Trump is a slave to his incomprehensible doctrine is “everything is declassified —everything is cloaked by absolute Executive Privilege” I’m not kidding about that. Trump has verbatim used those statements countless times. Think about it; it’s been over a month and to date;

• Trump has failed to proffer any evidence that he declassified said documents.

• Trump hasn’t challenged the validity and constitutionality of the search warrant

• Nor has he denied that he was in actual possession (we’ve talked about this, read more here) of numerous classified documents.

Workflow aka Documents

Now in an unsurprising move Trump wants to fully by-pass the Government. Meaning Trump wants to have direct access to the Special Master. More importantly, Trump wants an open Ex Parte communications established as part of the scope of duties for the Special Master. Whereas the Government believes that they should review the designations and thus would limit the amount of disagreements. To be fair the Government is effectively unopposed to an Ex Parte channel between the Special Master, Trump and themselves. generally speaking if you see “ex Parte” that typically means minimal transparency to the General public. In short the Government wants a fair but accelerated track, whereas Trump want to add unnecessary steps which would add additional time and all but bypass the Government. Not exactly “in good faith”

Who’s picking up the expenses of the Special Master

In an expected move the Government argues since Trump requested the Special Master than he, and he alone should shoulder the entirety of the special master’s fees and related expenses (this is also applicable to any legal support staff and/or expenses) which will occur should the special master needs staff and/or subject matter experts. Pardon my salty language but screw that. Trump demanded the special master and he alone should have to pay 100% of the cost. As a tax payer I’m tired of having to foot the bill for Trump’s vexatious litigation, especially the ones he initiates. Notwithstanding is more than likely Judge Cannon will (note my extreme sarcasm) strive for a fair and equitable solution for the parties. Meaning she’ll likely order a 50:50 split. Because Donald J Trump is one cheap motherfucker, who doesn’t pay his attorneys (and contractors he hires), apparently the grift is strong with the Orange Dear Leader.

As noted in the Joint Status report, each party attached a “proposed order” (Exhibits A & B, respectively) —which particularizes the scope and statement of work…

Government’s Proposed Order re: Special Master

When reading Trump’s proposed Order -Doc # 83-1 —a cursory read of it, well there are disagreements specifically over classified documents and Executive Privilege. Sweet Baby CheeJesus Trump truly believes he’s the current executive and therefore the actual Executive, President Biden is not the incumbent privilege holder —but again Trump wants the Special Master to adjudicate regarding Executive Privilege (whispers that’s not good for Trump, back in January 2022 I walked you through the SCOTUS ruling, read more here)

Trump essentially wants to have the Special Master in a position where they will make determinations on the category of documents. This review includes the 100+ sets of classified documents, some of which could hugely impart our National Security and he’s still on the “Executive Privilege” hill —I suppose if that’s the hill Trump wants to die on, so be it. I’m specking metaphorically not literally. As I’ve said I want Donald Trump to live a long time, because it brings joy to my tiny cold heart that the specter of Trump sitting in a federal prison, that brings me incandescent joy.

However I’d like to draw your attention to Document 83-2 —this is the Government’s proposed Order regarding the Special Master. There a few fun-nuggets, for example

For any documents identified as Presidential records – not claimed by Plaintiff as subject to Executive Privilege, those documents shall remain in custody of the government, with copies sent to the Archivist of the United States, and may be used by the government forthwith for any lawful purpose, including in the government’s criminal investigation…

Look I need to find a much better way to spend my Friday Nights —because even after an insanely busy week, here I am reading, highlighting and spreading my spicy-ness.. Today’s daily saltwater therapy is dedicated to my readers who have been hurt and you’re stuck in purgatory. I know how it feels. I’m an over-thinker and I can obsessively analyze the “why, what, how, when” —But that video spoke to me and helped me get off the never ending hamster wheel. The older I get the more I realize just how powerful it is to preemptively extend forgiveness. I’m learning that you can forgive someone even if they well never ask for forgiveness or apologize for their insanely hurtful behavior. So if you’re struggling, trust me on this, watch the video.

Again I promise that I’ll publish a follow up article, where I will lay down my fact/document based cards on the figurative table. I’ll give you a hint, in late August I was like “oh dear, now that’s really interesting” — the thing about the DC-Machine, there’s always a paper trial. And unlike some I enjoy reading said paper trail while preemptively connecting dots. I like dots. I like playing connect four but I also like “you sunk my battleship, again”

file411_dc

A post shared by File411 (@file411_dc)