Here's the NYT article he's talking about: "Trump Had More Than 300 Classified Documents at Mar-a-Lago/The National Archives found more than 150 sensitive documents when it got a first batch of material from the former president in January, helping to explain the Justice Department’s urgent response."
Turley: "It is litigation by leak where the government prevents others (including the target) from seeing key representations made to the court while releasing selective facts to its own advantage. It shows utter contempt for the court and the public."
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Time was of the essence, but Garland dithered for weeks on the decision. Time was of the essence, but the FBI waited three days before executing the warrant. Quick, pull the other one!
I doubt that this particular Magistrate Judge will be annoyed— unless DOJ’s misconduct makes him look bad.
Sounds as if Turley took the red pill.
Oh the affidavit will be released alright, it will look like a black sheet sheet of paper with only the "a's" and "the's" exposed. Sources and methods ya know.
Democrats, and those voting for Democrats, have no actual respect for "rule of law".
Neither aristocrats, nor Democrats, should be "above the law" - but top Dems are, de facto.
Civilization developed as rule of law was applied against the rich and powerful who abused their power. Trump haters are willing to destroy law in order to punish Trump ...
for being successful for America.
And the American workers & their families.
Watch 'em shut down all discussion of the goons enforcing this with the mighty "Harm to Ongoing Matter" Hammer O'Malarkey!
"It shows utter contempt for the court and the public."
So what you're saying Jonathan is that it's tradition mostly...yes?
The leaks feed the gadflys of the world. It gets them all excited about voting for more authoritarian control over the people they hate. It also keeps people from reading the details of the Orwellian named "Inflation Reduction Act". They paraded Garland to make a few comments that this was all professional, yet all of the information about the persecution of Trump comes from leaks to the NYT and WaPo. This is the same play book used in Watergate. The lead investigator couldn't make a case in court, so he leaked to WaPo until it brought down Nixon. Then bragged about it decades later to leave an inheritance to his family.
The problem with Turley and his writing and opinions is he still pretends that the United States is still governed by the rule of law, or that there is such thing as an impartial judge. The law doesn't apply to the DOJ, the FBI, the IRS, established Dem and GOP politicians, nor the MSM.
Laws don't even apply to the way elections are run in this country. The only citizens required to obey the laws are the serfs.
Once you accept that reality, it becomes much easier to see the truth and analyze what is REALLY going on. At this point, I don't think you can even call it cynicism. It's just reality.
Maggie Haberman is one of the authors. She was one of the main people behind the Russian collusion hoax. She's a known stenographer of the Dems.
My San Franciso leftwing brother thinks that Trump had documents that proved he withheld documents from Mueller and that Trump and Russia actually did collude. I kid you not. Maggie will be putting out that lie next.
Trump promised to "drain the swamp." The swamp creatures love the swamp and don't want to die. They are behaving in the fashion that got them hired and got them promoted. They previously did this all the time in the shadows against powerless citizens.
A leopard can't change its spots. A snake, spider, or crocodile needs to kill to live.
In D.C. you are either a predator or prey. If you don't know that, then someone has you in a pen with a numbered ear tag. And they set the abattoir's schedule.
WE all know the FBI is full of Peter Strokes. And the hack press is delighted to aid the democrat party corruption-leaker apparatus.
If investigations into the FBI and DOJ leading to major reforms and possibly criminal referrals aren't the first thing on the Republican's To Do list after they take congress, then there is no hope and no future for them as a party.
"It is litigation by leak where the government prevents others (including the target) from seeing key representations made to the court while releasing selective facts to its own advantage. It shows utter contempt for the court and the public."
The funny thing is the utter contempt this regime has for it's supporters.
They really think democrat voters are stupid. They are making democrat voters look like fascist shitheads that support political persecution, censorship and state propaganda.
Because now it is obvious to everyone, including the democrat voters themselves, that democrat voters are stupid fascist shitheads that support political persecution, censorship and state propaganda.
It is about time for you all to jump ship and say you never really supported the regime.
It will be fun to watch the supporters of the regime claim they never supported Biden in 10 years.
"Most judges would be a tad annoyed by the contradiction"
Not Dem judges. Have any of them held any Russia hoaxers accountable yet? Apart from some FISC finger-wagging, has any FBI person been punished for their FISA fraud?
"as the government continues to frame the public debate with its own selective leaks while using secrecy to bar other disclosures."
Right. But Truly is not surprised, is he? This is how political persecutions work.
"It shows utter contempt for the court and the public."
Well, yes. He sounds indignant. But for progs, it's a bonus. We're gonna hound you, and we're gonna trample any norms, and whatchagonna do about it? Huh?
Per Merrick Garland, these leakers should be prosecuted:
"Since I became attorney general, I have made clear that the Department of Justice will speak through its court filings and its work."
"Faithful adherence to the rule of law is the bedrock principle of the Justice Department and of our democracy. Upholding the rule of law means applying the law evenly, without fear or favor."
"Federal law, long standing department rules and our ethical obligations prevent me from providing further details as to the basis of the search at this time."
Spoiler: The leakers will not be prosecuted.
The approval for the raid came from the White House, not DoJ. Someone in the admin found out about the spat and thought that it would embarrass the GOP. When the blowback was more than what they expected, they sent Garland out to take the blame. He couldn't admit that he wasn't in the loop, because it would make him look like a weak figurehead, that the DoJ was politicized, and that, because the admin had already claimed that Biden didn't know, there were serious legal questions about who was giving orders in the WH.
No one cares about leaks. If there is one thing non-lawyers like me have learned about high-profile legal actions, it's that no one cares about leaks.
If the leaks benefit "our side" we like them. If not, we hate them. But no one ever faces consequences for leaks. And no one ever will.
Turkey is trying out for Emile Zola’s role: . Accusing the Dems of persecuting an innocent man. And like the French Military, they laughed. Everyone knows that Trump and Jews are traitors. It’s the script.
The question is whether Turley will be arrested for Espionage.
"It shows utter contempt for the court and the public."
The DOJ were under the impression that this judge was in the tank. Their behavior is only contemptuous if he has some different understanding of the situation. When you're a tool, you get used.
Do judges not understand incentives?
Make it like a non-disclosure agreement between two private parties.
If the FBI/DOJ leak any more information, then the entirety of the warrant and the underlying affidavit will be published in the public sphere.
If the FBI and DOJ are honest parties only seeking justice, then they should have no problem with that arrangement!
Mr. Wibble at 9:08 AM
The approval for the raid came from the White House, not DoJ. ... When the blowback was more than what they expected, they sent Garland out to take the blame. He couldn't admit that he wasn't in the loop ... because the admin had already claimed that Biden didn't know, there were serious legal questions about who was giving orders in the WH.
That is basically what I think.
For what reason did the initial leak say that Garland did not know about the planned raid? The reason was that he indeed did not know!
========
I do not like this system:
* DOJ/FBI cannot inform the public, because the investigation is being done.
* DOJ/FBI leaks to favored journalists about that investigation.
Why does DOJ/FBI think that is a good system?
"But no one ever faces consequences for leaks. And no one ever will."
That depends upon which side the leaks help. Seth Rich ring a bell?
"Why does DOJ/FBI think that is a good system?"
It's good for the DOJ/FBI. They don't give a crap about the country.
The MAGAt tears of rage on this are telling; it’s definitely a cult. Trump is a criminal, a traitorous, grifting pos and now the walls are closing in. All of his cult members’ objections to enforcing the law are based on how he’s being treated NOT on his actual guilt or innocence. He’s got his rubes wrapped around his stubby little finger. As we learn more details of his selling out this nation, the cognitive dissonance required to defend his actions are going to get even more interesting, “b-b-but her emails….” maybe is not the adequate defense his sycophants believe it to be
Did they find the Supreme Court ruling leaker yet? Lots of leaks with no sources.
What Mr Wibble said at 9:08. Klain and Susan Rice are running this White House and they are letting people know about it. Garland is a stooge.
Teabag. Selling out the country is now a Bad Thing? When did this happen? Why wasn't I told? Come to think of it, how come nobody's told the Biden family?
It would appear the judge in question was one of the few people with some authority who don't show up in Epstein's flight logs.
"300 classified documents!" OMG. Because Biden retroactively reclassified them in May, according to former WH counsel John Wu. Trump declassified them because he is suing the DOJ over Crossfire Hurricane, and the DOJ is playing dirty in this court fight by using unconstitutional powers to attack Trump.
So much for norms or normal. This is the lawless bullshit Inga and her communist party wanted. Winter is coming, dudes.
Let's see. The Feds get a hot tip, raid Mar-a-Lago, crack a safe, and search Melania's undies. All the while the cameras are running. I'm getting strong vibes of a Roadrunner cartoon here.
The shoe that hasn't dropped yet is likely to be this- the documents that were classified were only so because Biden explicitly reclassified the material at some point after January. That is what is being hidden.
Blogger TeaBagHag said...
The MAGAt tears of rage on this are telling; it’s definitely a cult.
This is who is running the country now. We'll be lucky to avoid nuclear war.
TeaBagHag: "The MAGAt tears of rage on this are telling; it’s definitely a cult. Trump is a criminal, a traitorous, grifting pos and now the walls are closing in. All of his cult members’ objections to enforcing the law are based on how he’s being treated NOT on his actual guilt or innocence. He’s got his rubes wrapped around his stubby little finger. As we learn more details of his selling out this nation, the cognitive dissonance required to defend his actions are going to get even more interesting, “b-b-but her emails….” maybe is not the adequate defense his sycophants believe it to be"
Stelter, is that you?
I see someone already pointed this out. I now do think this is about the Crossfire Hurricane documents that Trump tried to declassify for the last two years of his administration, but kept getting blocked by his DoJ. The DoJ first tried to gather them up in January, but Trump and his lawyers refused to turn them over with the claim they were declassified properly. So, Biden reclassified them, and the subpoena for them was issued, but Trump's lawyers again refused, so the raid was authorized by the White House and/or the DoJ
I suspect they have been copied already, and if they weren't, then Trump's own lawyers are in on it with the DoJ, and one of them might even be the affidavit's source.
The documents are described as "sensitive." One useful question is how many were at each classification level. 300 "Top Secret / Sensitive Compartmentalized Information" would be a big deal. 300 "Classified" would be a much smaller deal. (This is all aside from the fact that the President has the power to declassify on a whim.)
Achilles: "They really think democrat voters are stupid."
And you think they aren't? Consider that Midterm elections are reportedly neck and neck despite:
- 4.5 million illegal immigrants in 18 months.
- Unprecedented inflation, crime, gas prices, etc.
- A ridiculously simplistic foreign policy giving billions to Ukraine, Afghanistan to the Taliban and nukes to Iran.
- Corruption of federal law enforcement.
- Etc.
I know you know this and the obvious conclusion that Democrat voters are either stupid or deliberately destructive.
Interesting that Turley is being villified for observing what ought to be obvious to any competent lawyer or decent human being while Larry Tribe is being deified for indulging in unprofessional ravings as a demented old fool.
Release all the docs and end this ridiculous fake-legal dance…. We’re all being played and it’s disgusting. Enough already.
Fake News and now Fake Law just to spin us up.
Most voters are unaware of leaks. They believe this info is due to rough, tough investigative journalism.
While we here read of F.B.I. malfeasance average person watches TV shows portraying FBI as heroic. Here is first season trailer:FBI
In my opinion, timing is not coincidental.
The big lie- There were classified documents at Mar a Lago.
In case you don't understand that- the big lie is- there were classified documents at Mar a Lago.
Trump declassified all documents going there- That was well withing his authority. Retroactive reclassification doesn't reclassify the ones he has. That would be a big no go in any court. "Well, he had them- and we needed tpo make possession of them a crime!" Yeah, no.
You'd almost think that courts would actually rule on this. Oh, wait! They have! Fpr previous presidents. That particular bit of knowledge has already been linkede in previous comment threads- if you don't recall, you have selective recall.
TEABAG; the true sign of a loser is the use of 'the walls are closing in' at any time.
The big lie- There were classified documents at Mar a Lago.
In case you don't understand that- the big lie is- there were classified documents at Mar a Lago.
Trump declassified all documents going there- That was well withing his authority. Retroactive reclassification doesn't reclassify the ones he has. That would be a big no go in any court. "Well, he had them- and we needed tpo make possession of them a crime!" Yeah, no.
You'd almost think that courts would actually rule on this. Oh, wait! They have! Fpr previous presidents. That particular bit of knowledge has already been linkede in previous comment threads- if you don't recall, you have selective recall.
TEABAG; the true sign of a loser is the use of 'the walls are closing in' at any time.
The article mentions Obama's inauguration day note to his successor as a missing document. But Trump was not yet a government employee at the time.
"Trump is a criminal, a traitorous, grifting pos and now the walls are closing in."
Holy cow. I never ever thought I would see an unironic "walls are closing in" in the wild. What a privilege. Put me in the screencap.
I feel like Sir David Attenborough witnessing a genuine bird of paradise in its native habitat for the first time. A real, honest to god, genuine "walls are closing in"! I'm giddy! Schoolgirl giddy! PINCH ME I MUST BE DREAMING!!!
Readering: "The article mentions Obama's inauguration day note to his successor as a missing document. But Trump was not yet a government employee at the time."
There was this modest period of 4 years when Trump was President after that, so thanks again for playing. Please accept another parting gift on your way out the Clueless Door.
Yancey Ward said...
The shoe that hasn't dropped yet is likely to be this- the documents that were classified were only so because Biden explicitly reclassified the material at some point after January. That is what is being hidden.
Already there.
And when it comes out that those documents were legally unclassified by Trump and then Biden illegally ordered them classified again in order to persecute Trump using the DOJ we will see who people really are.
We already know for the most part really.
Congress wrote a specific law called the Presidential Records Act. The Regime is pretending like it doesn't exist.
But it is right there and the Supreme court has already ruled on this subject. There are several decisions by leftist judges that would directly support Trump's case already in the books.
This raid was a desperate act of a desperate regime.
The congressional hearings airing this out are not going to be controlled by McConnell or any of the other traitors.
TeaBagHag said...
The MAGAt tears of rage on this are telling; it’s definitely a cult. Trump is a criminal, a traitorous, grifting pos and now the walls are closing in. All of his cult members’ objections to enforcing the law are based on how he’s being treated NOT on his actual guilt or innocence. He’s got his rubes wrapped around his stubby little finger. As we learn more details of his selling out this nation, the cognitive dissonance required to defend his actions are going to get even more interesting, “b-b-but her emails….” maybe is not the adequate defense his sycophants believe it to be
Pretty sure this is a moby trying to make progs look bad.
Asking the important question, was TeaBagHag being ironic? I used to be a regular warrior on this blog but have read fewer of the comments in the past several years. And my previous schtick of attacking the left from the left is damned near impossible anymore. Either way, TBH needs to learn Poe's Law:
Poe's law is an adage of Internet culture stating that, without a clear indicator of the author's intent, every parody of extreme views can be mistaken by some readers for a sincere expression of the views being parodied.
If an average reader assumes that your comment is a parody then you might want to rethink the screed.
If they had specifics, we'd already know about them.
That alone should tell you how full of crap they are.
I wonder if Turley recognizes that very same behavior in the J6 committee?
Gusty Winds @8:46am… well said, sir!
Drago said...
Readering: "The article mentions Obama's inauguration day note to his successor as a missing document. But Trump was not yet a government employee at the time."
There was this modest period of 4 years when Trump was President after that, so thanks again for playing. Please accept another parting gift on your way out the Clueless Door.
*************
According to your reasoning, EVERY government document sent to Trump before he became POTUS would become a "presidential" document, no?
Another blow to "The Rule of Law" as the 2nd trial of the "Whitmer Kidnapping" guys just resulted in two guilty verdicts. The judge limited the defense cross examination time. Judge shopping pays off.
Did they find the Supreme Court ruling leaker yet? Lots of leaks with no sources.
Lot's of unfinished business. Still looking for the guy that planted the DC pipe bombs, (using 12 hour kitchen timers....which would mean the should have went off next morning.) Those crack FBI's can track down grandpa in Alaska, but the guy they have on video still a ghost.
I used to be a regular warrior on this blog...
Let me guess, irony?
Until judges start throwing prosecutors in jail for leaking this will never end. Judges should make it clear that leaks will be treated as criminal contempt.
Just for this alone I will vote for Trump in the primary if he chooses to run.
"The article mentions Obama's inauguration day note to his successor as a missing document. But Trump was not yet a government employee at the time."
Notes, once given to the intended recipient, become the recipient's document. You are not so dopey that you don't understand this, but you are *at least* disingenuous enough to pretend you've made an important point.
"According to your reasoning, EVERY government document sent to Trump before he became POTUS would become a "presidential" document, no?"
If they were sent to him after he was president-elect, then yes. See my comment above.
Trial by press in the modern model of the democratic/dictatorial duality.
effinayright: "According to your reasoning, EVERY government document sent to Trump before he became POTUS would become a "presidential" document, no?"
If Trump designated it so during his presidency, then yes. As multiple previous court cases have demonstrated.
The President has complete and total authority to declassify and designate records personal and presidential records.
Which is why Biden's Earpiece and his "team" of corruptocrats and Vindman 2.0 over at the National Archives have slime-ily clearly attempted to reclassify previously declassified documents that Trump had in his possession so as to create the basis for the corrupt FBI/DOJ to craft the basis for Sham-peachment III.
Michael K: "Another blow to "The Rule of Law" as the 2nd trial of the "Whitmer Kidnapping" guys just resulted in two guilty verdicts. The judge limited the defense cross examination time. Judge shopping pays off."
This will be overturned on appeal but for now the New Soviet Democraticals have their hoaxed up "convictions" for their narrative purposes.
Rocketeer said...
"The article mentions Obama's inauguration day note to his successor as a missing document. But Trump was not yet a government employee at the time."
Notes, once given to the intended recipient, become the recipient's document. You are not so dopey that you don't understand this, but you are *at least* disingenuous enough to pretend you've made an important point.
>>>>>social notes given to a person not yet an official are NOT "official records." They don't become "official" records once their recipient becomes an elected POTUS. Go look at the PRA statute definitions.
"According to your reasoning, EVERY government document sent to Trump by a federal official before he became POTUS would become a "presidential" document, no?"
If they were sent to him after he was president-elect, then yes. See my comment above.
>>>>>No. The Presidential Records Act covers official records, not social notes from the POTUS, an official, to a President-elect, who is not yet an official.
>>>> Do you really think Trump has to preserve birthday cards from well-wishers in Congress while he is in office, and hand them over?
>>>>For that matter, did Obama have to make a copy of his note and turn it over to the Archives as an "official" record?
"If they were sent to him after he was president-elect, then yes. See my comment above."
>>>>I can't find the sockpuppet you are referring to. Please offer some legal evidence for your position. Here's mine, from the statute, referring to personal records NOT covered by it:
(3) The term "personal records" means all documentary materials, or any reasonably segregable portion thereof, of a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President. Such term includes--
(A) diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal which are not prepared or utilized for, or circulated or communicated in the course of, transacting Government business;
(B) materials relating to private political associations, and having no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; and
(C) materials relating exclusively to the President’s own election to the office of the Presidency; and materials directly relating to the election of a particular individual or individuals to Federal, State, or local office, which have no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President.
The score thus far:
Me: Infinity
You: Dick
"The MAGAt tears of rage on this are telling; it’s definitely a cult."
For the 4329th time, I am not a fan of Orange the Clown. I am on the other hand a fan the rule of law and liberal democracy. Neither of those are served by going after a former POTUS and possible future political opponent of the current POTUS. We really are seeing Beria's "show me the man and I will show you the crime" in action here. I am guessing that if they probe hard enough, most of us could be charged with something. That's not a way for any free society to live.
It appears some people are so in love with their hatred of Trump and (more accurately) Trump supporters that they are willing to burn it all down just to prove their point. They aren't thinking beyond their petty victory to see what precedent they are setting. They can't imagine a world where another Trump would use the tools they have given him or her to suppress them. They don't understand that tyranny has been the natural order among humans and that our experiment in liberal democracy is the exception. The smug arrogance of it all makes Trump look like Mr. Rogers.
Well if them's the rules, I pity Fallacious Fauci before a Republican House. His nuts will get roasted next spring. He's trying to get out of Dodge, but I don't think it will work for him.
I mean both parties can play at this game. The Rethugs won't impeach Biden however--he's too valuable as an object lesson that the Dems are really Dim.
Yancey Ward said...
The shoe that hasn't dropped yet is likely to be this- the documents that were classified were only so because Biden explicitly reclassified the material at some point after January. That is what is being hidden.
8/23/22, 11:01 AM
Biden signed a stack of papers some one put in front of him, with no more knowledge of what he was doing than at the signing party on the afternoon of Jan 20, 2021.
tim maguire said...
"If investigations into the FBI and DOJ leading to major reforms and possibly criminal referrals aren't the first thing on the Republican's To Do list after they take congress, then there is no hope and no future for them as a party."
I don't claim to be too good to relish vengeance, but it must wait. The number one priority has to be to subdue the bureaucracy. Fire everyone who can be fired outright. Reassign the others to such places as Nome and Iraan, Texas. Eliminate departments and spread the rest across the country to make it harder for the administrative state to self-reinforce.
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