The FBI just raided Mar-A-Lago

blackbull1970

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Prosecutors in Trump classified docs case plan to call digital forensics experts as witnesses

The five witnesses named in court documents work for the FBI and specialize in digital forensics or cellular analytics.

By Katherine Doyle and Megan Lebowitz
Jan. 12, 2024

 

blackbull1970

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Special counsel mounts forceful — and unusual — defense of Trump classified documents case

The routine filing features a public rebuttal of “misimpressions” allegedly fueled by the former president.

JOSH GERSTEIN and KYLE CHENEY
02/02/2024


90

The 68-page document began with what special counsel Jack Smith’s team described as an effort to correct false assertions the former president had made about the nature of the case against him.
 

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Joe Biden Classified Documents Report To Be Released

By Aliss Higham
February 6, 2024


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Former United States Attorney for the District of Maryland Appointed By President Trump, Robert Kyoung Hur
 

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Trump plans to press immunity defense in classified documents case despite defeat in appeals court

In a filing Tuesday, Trump’s attorneys asked Judge Aileen Cannon, who is presiding over the Florida case, for more time to follow certain pretrial motions they’re considering, including to suppress discovery and allege prosecutorial misconduct.

By Holmes Lybrand and Katelyn Polantz
February 7, 2024

 

blackbull1970

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Biden won’t be charged in classified docs case; special counsel cites instances of ‘poor memory’

The decision caps off a yearlong saga and means Donald Trump remains the only president in history to face criminal charges.

By Ryan J. Reilly, Ken Dilanian and Megan Lebowitz
Feb. 8, 2024


Special counsel Robert Hur has declined to prosecute President Joe Biden for his handling of classified documents but said in a report released Thursday that Biden’s practices “present serious risks to national security” and added that part of the reason he wouldn't charge Biden was that the president could portray himself as an "elderly man with a poor memory" who would be sympathetic to a jury.

“Our investigation uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen,” the report said, but added that the evidence “does not establish Mr. Biden’s guilt beyond a reasonable doubt.”

The report from Hur — who previously appointed by former President Donald Trump as one of the country's top federal prosecutors — also made clear the "material distinctions" between a theoretical case against Biden and the pending case against Trump for his handling of classified documents, noting the "serious aggravating facts" in Trump's case.

Biden said in a statement after the report became public that he was “pleased to see they reached the conclusion I believed all along they would reach — that there would be no charges brought in this case and the matter is now closed,” adding that he “cooperated completely, threw up no roadblocks, and sought no delays.”

Hur’s report included several shocking lines about Biden’s memory, which the report said “was significantly limited” during his 2023 interviews with the special counsel. Biden’s age and presentation would make it more difficult to convince a jury beyond a reasonable doubt that the now-81-year-old was guilty of willfully committing a crime.

“We have also considered that, at trial, Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory,” it said. “Based on our direct interactions with and observations of him, he is someone for whom many jurors will want to identify reasonable doubt. It would be difficult to convince a jury that they should convict him — by then a former president well into his eighties — of a serious felony that requires a mental state of willfulness.”

Later in the report, the special counsel said that the president’s memory was “worse” during an interview with him than it was in recorded conversations from 2017.

“He did not remember when he was vice president, forgetting on the first day of the interview when his term ended (‘if it was 2013 — when did I stop being Vice President?’), and forgetting on the second day of the interview when his term began (‘in 2009, am I still Vice President?’),” the report said.

Biden also had difficulty remembering the timing of his son Beau’s death, as well as a debate about Afghanistan, the report said.

“He did not remember, even within several years, when his son Beau died,” the report said.

Defenders of the president quickly pointed out that he sat for the interview in the days after Hamas’ Oct. 7 attack on Israel. Biden, giving previously scheduled remarks on Thursday, appeared to nod to that, saying, “I was in the middle of handling an international crisis.”

He also added that he was “especially pleased” that the special counsel “made clear the stark differences between this case and Donald Trump.”

Andrew Weissman, who served on special counsel Robert Mueller’s team, said on MSNBC on Thursday that Hur’s decision to lodge criticisms of Biden’s memory problems was “gratuitous” and reminded him of when former FBI Director James Comey held a press conference criticizing Hillary Clinton in the months before the 2016 election.

“This is not being charged. And yet a person goes out and gives their opinion with adjectives and adverbs about what they think, entirely inappropriate,” he said. “I think a really fair criticism of this is unfortunately, we’re seeing a redux of what we saw with respect to James Comey at the FBI with respect to Hillary Clinton in terms of really not adhering to what I think are the highest ideals of the Department of Justice.”

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"Facts First" folder found in a box in a Wilmington, Del., garage that contained documents with classified markings inside.

In a Monday letter to Hur and his deputy special counsel, Richard Sauber and Bob Bauer, Biden’s personal counsel, disputed how the report characterized the president’s memory.

“We do not believe that the report’s treatment of President Biden’s memory is accurate or appropriate,” Sauber and Bauer wrote in the letter, which was also released on Thursday. “The report uses highly prejudicial language to describe a commonplace occurrence among witnesses: a lack of recall of years-old events.”

Separately, Sauber responded to the report by saying the White House is “pleased” it has concluded and that there were no criminal charges.

“As the Special Counsel report recognizes, the President fully cooperated from day one,” he said in a statement. “His team promptly self-reported the classified documents that were found to ensure that these documents were immediately returned to the government because the President knows that’s where they belong.”

Sauber went on to appear to criticize the report but raised no specific points.

“We disagree with a number of inaccurate and inappropriate comments in the Special Counsel’s report,” Sauber said in his statement. “Nonetheless, the most important decision the Special Counsel made — that no charges are warranted — is firmly based on the facts and evidence.”

Hur’s report said there were “clear” material distinctions between a potential case against Biden and the pending case against Trump, noting that unlike “the evidence involving Mr. Biden, the allegations set forth in the indictment of Mr. Trump, if proven, would present serious aggravating facts.”

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The top photo shows a damaged box recovered from President Joe Biden's garage. The bottom photo shows the contents from the top photo in a new box.

Most notably, the report said, “after being given multiple chances to return classified documents and avoid prosecution, Mr. Trump allegedly did the opposite.” In contrast, it said, “Mr. Biden turned in classified documents to the National Archives and the Department of Justice, consented to the search of multiple locations including his homes, sat for a voluntary interview, and in other ways cooperated with the investigation.”

Some of the report focuses on documents about Afghanistan, from early in Barack Obama’s presidency. About a month after Biden left office as vice president, in a recorded conversation with his ghostwriter in February 2017, Biden remarked that he “just found all this classified stuff downstairs,” the report said. He told him, “Some of this may be classified, so be careful," in one recording. Biden was believed to have been referring to classified documents about the Afghanistan troop surge in 2009, which Biden opposed.

The announcement tops off a lengthy saga that began in November 2022, after one of Biden’s personal attorneys found classified documents that appeared to be from the Obama administration at the Penn Biden Center for Diplomacy and Global Engagement, which Biden had used as a personal office after his vice presidential term concluded. Classified documents were later also found at Biden’s Delaware home.

The existence of classified documents at Biden’s home and former office were first reported in January 2023. CBS News first reported the existence of the documents at the Penn Biden Center.

Attorney General Merrick Garland in January 2023 announced that he would appoint Hur as special counsel to oversee the investigation into Biden, saying the appointment authorized him “to investigate whether any person or entity violated the law in connection with this matter.”

Biden was interviewed in October as part of the investigation, the White House said. The interview was voluntary, according to White House spokesman Ian Sams.

“As we have said from the beginning, the President and the White House are cooperating with this investigation, and as it has been appropriate, we have provided relevant updates publicly, being as transparent as we can consistent with protecting and preserving the integrity of the investigation,” Sams said at the time.

NBC News has also previously reported that the special counsel had interviewed Hunter Biden as well, according to a source familiar with the matter.

With Hur’s announcement, Donald Trump remains the only president in history to face criminal charges, which include seven criminal charges in connection with mishandling classified documents found at Mar-a-Lago. According to the indictment in that case, Trump had more than 100 classified documents at his Florida home, including documents with “Top Secret” classification markings.
 

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Trump Erupts At Biden Documents Probe Report: ‘Two-Tiered System Of Justice’

"I did nothing wrong, and I cooperated far more," said the ex-president facing 40 criminal charges for mishandling and refusing to turn over classified documents

By Sanjana Karanth
Feb 8, 2024

 

blackbull1970

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Special counsel says Trump and co-defendants 'will stop at nothing' to delay classified docs trial

Jack Smith accuses Trump of a "relentless" ploy to delay their trial.

ByMike Levine
February 9, 2024



Special counsel warns of 'significant and immediate' threat to Mar-a-Lago case witnesses

Jack Smith's team also said that sealed documents contain speculation about witness tampering.

By Katherine Doyle
Feb. 9, 2024

 

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Judge Cannon rejects Trump’s evidence request in classified docs case

After sealed hearings to discuss classified evidence, the federal judge in Florida rules against the former president

By Devlin Barrett and Perry Stein
February 28, 2024


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This image, contained in the indictment against former President Donald Trump, shows boxes of records stored in a bathroom and shower in the Lake Room at Trump's Mar-a-Lago estate in Palm Beach, Fla.

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Trump Appointed U.S. District Judge Aileen M. Cannon
 

blackbull1970

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Federal prosecutors propose pushing back Trump’s classified documents trial to July 8

Smith said he believes that Trump and his two co-defendants, Walt Nauta and Carlos De Oliveira, should go to trial on July 8. Attorneys for the three defendants proposed that Trump and De Oliviera’s trial begin on August 12, while Nauta’s trial begins September 9.

By Hannah Rabinowitz, CNN
February 29, 2024


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Special counsel Jack Smith and former President Donald Trump
 

blackbull1970

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Prosecutors press judge for summer trial for Trump in classified docs case, but no date set

Federal prosecutors have pressed a federal judge to schedule a trial for this summer in the classified documents case against former President Donald Trump, while defense lawyers sought to put it off until after the election

ERIC TUCKER, ADRIANA GOMEZ LICON and FREIDA FRISARO Associated Press
March 1, 2024

 

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Intel agencies eye brief for Trump, amid fears he could spill secrets

It’s standard practice to share classified information with presidential nominees, but the decision to brief Trump if he becomes the GOP nominee this year is loaded with political and potentially legal risks.


Bradford Betz Fox News
March 7, 2024


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blackbull1970

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Judge in classified documents case will hear Trump motions to dismiss next week

Lawyers for Trump and the special counsel will each present arguments about whether the judge should dismiss the charges.

By Katherine Doyle and Daniel Barnes
March 7, 2024


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Judge Aileen Cannon and former President Donald Trump.
 

easy_b

Look into my eyes you are getting sleepy!!!
BGOL Investor
Judge in classified documents case will hear Trump motions to dismiss next week

Lawyers for Trump and the special counsel will each present arguments about whether the judge should dismiss the charges.

By Katherine Doyle and Daniel Barnes
March 7, 2024


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Judge Aileen Cannon and former President Donald Trump.
The DOJ is watching her closely so she better make the right decision.
 

blackbull1970

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Adam Schiff: ‘Dumb down’ the briefing for Donald Trump

“I have to hope — and knowing the intelligence community, as I do — that they will dumb down the briefing for Donald Trump. That is, they will give him no more information than absolutely necessary,” said Schiff, a California Democrat who previously served as the Democratic chairman of the House Intelligence Committee, until Kevin McCarthy, then the Republican House Speaker, kicked him off.

By KELLY GARRITY
03/10/2024


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Rep. Adam Schiff (D-Calif.) speaks with reporters outside the U.S. Capitol on June 13, 2023.
 

T_Holmes

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Adam Schiff: ‘Dumb down’ the briefing for Donald Trump

“I have to hope — and knowing the intelligence community, as I do — that they will dumb down the briefing for Donald Trump. That is, they will give him no more information than absolutely necessary,” said Schiff, a California Democrat who previously served as the Democratic chairman of the House Intelligence Committee, until Kevin McCarthy, then the Republican House Speaker, kicked him off.

By KELLY GARRITY
03/10/2024


90

Rep. Adam Schiff (D-Calif.) speaks with reporters outside the U.S. Capitol on June 13, 2023.
I get what he's saying, but I think "dumb down" is the wrong term. Restricting overall information is fine, but making it simple to understand just increases the overall chance that Trump would actually get some understanding of it and manage to spill the info to someone else.

If anything, overcomplicate the briefing. Trump will ignore it because it isn't about him and it uses big words.
 

blackbull1970

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Ex-Trump employee says ‘anybody’ could access Mar-a-Lago rooms where records were stored

Brian Butler, a former employee of the US president, speaks out, saying ‘I don’t believe that he should be a presidential candidate’

Ramon Antonio Vargas
12 Mar 2024


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blackbull1970

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Trump Florida Judge Cannon seems to hint dismissal unlikely

Judge Cannon stated, "I don't see how it leads to a dismissal... Maybe a defense at trial..."

By Jake Gibson , Heather Lacy Fox News
March 14, 2024


After lunch, defense attorney Todd Blanche argued the Trump position is that the Presidential Records Act gives the president the authority to retain documents he sees fit, and essentially take them home or out of the White House, and if that's accurate, that alone is "fatal" to Special Counsel Jack Smith’s indictment.

"Presidents since George Washington have taken material out of the White House," said Blanche, adding that the PRA was passed in the late 70s and nothing in the statute says anything about documents with markings or anything that gives the National Archives (NARA) the ability to challenge a president's decision about which documents are personal versus presidential.

Team Trump also points out often that then-President Trump caused these boxes to be moved while he was still president and that this is the first time NARA has challenged a decision made by a president about which documents are personal versus presidential. They claim NARA only took this action because the president in question was Donald Trump.

US District Court Judge Aileen Cannon told Mr. Blanche, "All that might be right. But I don't see how it leads to a dismissal of the indictment...Maybe a defense at trial..."

Blanche replied that this was a "proper" avenue for a dismissal because the government must prove that the possession of the documents was unauthorized.

However, Judge Cannon seemed to double down, saying the arguments might have, "some force at trial, but it's hard to see how it gets you to a dismissal."

Judge Cannon at one point remarked that the Trump defense team's view of the Presidential Records Act would essentially, "Gut the PRA," giving presidents the unfettered ability to classify clearly presidential records as personal.

Mr. Blanche replied that it is up to Congress to change the law. "That's what's supposed to happen. DOJ can't just decide..." [what is personal versus presidential]. "We don't have a lot of case law on this because this has never been done before," added Blanche. "While he was the president he took records, like many presidents... For the first time ever NARA took a different path and made a criminal referral," instead of negotiating with the president as had been done in the past.

Judge Cannon at one point said, "Correct... the seizure of a president's records was seen to be an extraordinary act."

Blanche pointed out that in the aftermath of the Clinton presidency, "President Clinton hid tapes in his socks and NARA said there's nothing we can do about that."

Judge Cannon asked if those tapes contained any classified information. Blanche said no one knows because the tapes were never recovered from President Clinton.

"They can't have it both ways," said Blanche. "No effort to investigate whether there was national defense information in President Clinton's socks," but still referring the Trump matter to the DOJ for a potential criminal prosecution.

DOJ prosecutor David Harbach told Judge Cannon that the documents seized at Mar-a-Lago, "were not personal, nowhere close to that.. The only inference is that they were presidential, not personal."

Harbach also went back to one of Judge Cannon's questions to the defense, "Our view is that President Trump's position would completely gut the PRA."

Mr. Harbach also took pains to stress the independence of Special Counsel Jack Smith's team, "We are not appendages or puppets of the Biden Administration."
 

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Judge rejects Donald Trump's vagueness argument for tossing out Florida documents charges

Aysha Bagchi
USA TODAY
March 14, 2024


A Florida federal judge rejected former President Donald Trump's bid to toss out many of the charges in his classified documents case, but left the door open for the 2024 Republican frontrunner to try again.

Trump's legal team argued that 32 of the counts in his lengthy indictment over hoarding classified documents at his private club fell under a law — the Espionage Act— that was too vague to be applied to his case. Trump is accused of illegally retaining documents after his presidency and obstructing justice.

In rejecting the Trump team's request to toss out those charges, Judge Aileen Cannon made it clear that Trump can have another bite at the apple once other aspects of the case have taken shape.

Resolving the overall question "depends too greatly on contested instructional questions about still-fluctuating definitions of statutory terms/phrases as charged, along with at least some disputed factual issues as raised in the Motion," Cannon wrote in a two-page order.

Cannon also said Trump's team had raised "various arguments warranting serious consideration" in the motion, even though she was rejecting it for now.

The Espionage Act bars the “unauthorized possession” of documents that relate to national defense when a person willfully retains the documents and has reason to believe they could be used to hurt the United States or help a foreign country.

Trump's lawyers argued the law includes "confusing and complex" phrases that, when applied to his case, violated his constitutional right to due process.
 

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Judge in Trump classified documents case proposes 'insane' jury instructions, experts say


U.S. District Judge Aileen Cannon proposed to instruct jurors a president has sole authority to declare records personal, which legal experts say would amount to dismissing the case against Trump.

Bart Jansen
USA TODAY
March 19, 2024

 

T_Holmes

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Judge in Trump classified documents case proposes 'insane' jury instructions, experts say


U.S. District Judge Aileen Cannon proposed to instruct jurors a president has sole authority to declare records personal, which legal experts say would amount to dismissing the case against Trump.

Bart Jansen
USA TODAY
March 19, 2024

This is just a fancy setup for jury nullification. No, "fancy" is the wrong word. Blatant. This is a blatant setup for jury nullification.
 

blackbull1970

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Cannon largely sides with prosecutors in bid to limit sharing of classified evidence

“No classified information not already agreed to be released by the Special Counsel shall be disseminated as a result of this unclassified Order,” Cannon wrote.

BY REBECCA BEITSCH
03/22/24

 

easy_b

Look into my eyes you are getting sleepy!!!
BGOL Investor
Cannon largely sides with prosecutors in bid to limit sharing of classified evidence

“No classified information not already agreed to be released by the Special Counsel shall be disseminated as a result of this unclassified Order,” Cannon wrote.

BY REBECCA BEITSCH
03/22/24

She didn’t have no choice. I think somebody got in her ear from the justice department and told her to behave for a minute.
 

blackbull1970

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Judge Aileen Cannon reportedly had clerks quit in latest twist for Trump judge

It's unclear why exactly they reportedly left, but it's another mystery and the latest odd news coming out of Cannon's chambers.

By Jordan Rubin
March 21, 2024

 

blackbull1970

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Special counsel rips judge's jury instructions request in Trump classified documents case

Jack Smith said Judge Aileen Cannon's request for jury instructions was based on a "fundamentally flawed legal premise" and threatened to appeal if she rules against the prosecution.

By Summer Concepcion and Dareh Gregorian
April 3, 2024


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Special counsel Jack Smith in Washington D.C., on Aug. 1, 2023.
 

blackbull1970

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Judge denies, for now, a Trump bid to dismiss charges that he hoarded classified documents

But Judge Aileen Cannon left open the possibility for Trump to continue to argue that a presidential record keeping law allowed him to keep the documents. Cannon's rulings mean the case can move forward; however, she has yet to decide on a trial schedule. Prosecutors want the trial to start this summer, while Trump's lawyers think it should be put off until well after the November presidential election.

By JOSH GERSTEIN and KYLE CHENEY
04/04/2024

 

easy_b

Look into my eyes you are getting sleepy!!!
BGOL Investor
Judge denies, for now, a Trump bid to dismiss charges that he hoarded classified documents

But Judge Aileen Cannon left open the possibility for Trump to continue to argue that a presidential record keeping law allowed him to keep the documents. Cannon's rulings mean the case can move forward; however, she has yet to decide on a trial schedule. Prosecutors want the trial to start this summer, while Trump's lawyers think it should be put off until well after the November presidential election.

By JOSH GERSTEIN and KYLE CHENEY
04/04/2024

She’s crazy, but she’s not that crazy.
 

blackbull1970

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'The nuclear button': Special counsel could seek removal of judge in Trump classified docs case, attorneys warn

“He is close to pushing the nuclear button,” said Palm Beach County State Attorney David Aronberg. “It is a high burden to reach, and it is rarely done, but her proposed jury instructions may have pushed him to the breaking point.”

By Katherine Doyle
April 5, 2024


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U.S. District Judge Aileen Cannon is hearing the classified documents case against former President Donald Trump.
 

easy_b

Look into my eyes you are getting sleepy!!!
BGOL Investor
Siding with special counsel, Cannon agrees to keep witness identities secret

Despite sharp words for prosecutors, the Trump-appointed judge in the classified documents case said they presented evidence to justify the sealing.

By JOSH GERSTEIN and KYLE CHENEY
04/09/2024

Yep, somebody very powerful (CIA) had a little word with her. They told her….. look bitch we can make your expiration look like an accident ;)
 
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