Just within the last week, Trump was on Truth Social, complaining about the picture of the files on the floor, saying that it was terrible that people could see the information on the cover sheet (Only classifications, HIC, etc.), and Trump said it was a good thing he had declassified the documents. Trump floated the “universal declassification” defense from the day of the search. The defense was meaningless because, under the warrant, the government didn’t even list keeping classified files as one of the crimes. They did list espionage and obstruction of justice, neither of which necessitate a finding that the files are classified. Regardless, it had been one of Trump’s own stated defenses. And yet, Trump’s attorneys’ filings yesterday implicitly acknowledge that some files remain classified, and thus, it would seem, the assertion is dropped.
From the New York Times:
“The two sides also clashed substantially over the duties of the special master. Mr. Trump’s lawyers argued that the arbiter should look at all the documents seized in the search and filter out anything potentially subject to attorney-client or executive privilege. By contrast, the government argued that the master should look only at unclassified documents and should not adjudicate whether anything was subject to executive privilege.”
Trump’s attorneys didn’t argue that every document is declassified, and so the classified/declassified distinction remains. The sides disagree as to whether there remains an executive privilege. The argument that Trump declassified all the documents now seems to be foreclosed.
Good thing. Trump’s attorneys faced serious consequences if they asserted that all the documents remained classified, a fact noted by many legal experts this morning.
With yet another court filing, it is increasingly clear there is no evidence of Trump’s alleged “standing declassification order”, and no evidence that these particular classified records were ever declassified.
— Bradley P. Moss (@BradMossEsq) September 10, 2022
Gosh, I wonder why President Trump’s side did not claim he declassified MAL documents, and instead just said this milquetoast line.👇
Easy bet: Because they do not want to be caught in a false statement to a court – subject to sanctions and 18 USC 1001.
New Friday night filing: pic.twitter.com/g5tX4gKXqb
— Ryan Goodman (@rgoodlaw) September 10, 2022
@JasonMiciak believes a day without learning is a day not lived. He is a political writer, features writer, author, and attorney. He is a Canadian-born dual citizen who spent his teen and college years in the Pacific Northwest and has since lived in seven states. He now enjoys life as a single dad of a young girl, writing from the beaches of the Gulf Coast. He loves crafting his flower pots, cooking, and currently studies philosophy of science, religion, and non-math principles behind quantum mechanics and cosmology. Please feel free to contact for speaking engagements or any concerns.
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