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Why wouldn’t Trump’s attorneys say the documents are declassified while Trump says it?

Posted on 9/22/22 at 9:20 am
Posted by loogaroo
Welsh
Member since Dec 2005
30380 posts
Posted on 9/22/22 at 9:20 am
I’m trying to see the strategy here.
Posted by BengalOnTheBay
Member since Aug 2022
3855 posts
Posted on 9/22/22 at 9:29 am to
Is not the onus on the Justice Department to PROVE or SHOW that they are still classified (beyond some markings on a document)? Or that Trump even knew what was in boxes packed BY THE GSA?

The attorneys may just be interested in seeing the DOJ make certain statements that they can't walk back before they have a "defense" strategy.
Posted by cwill
Member since Jan 2005
54752 posts
Posted on 9/22/22 at 9:30 am to
quote:

The attorneys may just be interested in seeing the DOJ make certain statements that they can't walk back before they have a "defense" strategy.


His clown car of sole practitioner real estate attorneys don't have a coherent strategy.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 9/22/22 at 9:31 am to
quote:

Why wouldn’t Trump’s attorneys say the documents are declassified while Trump says it?
Smart attorneys do not make claims in the press that they will be unable to prove at trial.
Posted by Decatur
Member since Mar 2007
28719 posts
Posted on 9/22/22 at 9:34 am to
quote:

Why wouldn’t Trump’s attorneys say the documents are declassified while Trump says it?


Because what they say in court is subject to legal consequences.
Posted by ezride25
Constitutional Republic
Member since Nov 2008
24272 posts
Posted on 9/22/22 at 9:36 am to
Is everyone still tap dancing around how they label the documents that are central to the DOJs ill fated attempts to justify themselves?

The super duper secret documents that only the DOJ can see but which are simply “documents with classified markings?”

Posted by Vacherie Saint
Member since Aug 2015
39388 posts
Posted on 9/22/22 at 9:37 am to
HIs attorneys really havent said anything
Posted by Jack Bauers HnK
Baton Rouge
Member since Jul 2008
5702 posts
Posted on 9/22/22 at 9:38 am to
I’m still trying to understand how a president, who can unilaterally declassify anything by merely handing a document to someone or allowing someone to remain present while classified information is discussed, can ever run afoul of any rules regarding classified information.

I gather there are a lot of procedures on which all other people would need to rely in their handling of classified info (if they disclosed previously classified information, they better have something which memorializes the prior declassification), but how can any such procedural rules ever apply to the one person with unilateral authority to declassify?
Posted by Auburn1968
NYC
Member since Mar 2019
19366 posts
Posted on 9/22/22 at 9:39 am to
quote:

Memorandum on Declassification of Certain Materials Related to the FBI’s Crossfire Hurricane Investigation


LINK /
Posted by loogaroo
Welsh
Member since Dec 2005
30380 posts
Posted on 9/22/22 at 9:52 am to
quote:

but how can any such procedural rules ever apply to the one person with unilateral authority to declassify?


Exactly!
Posted by jawnybnsc
Greer, SC
Member since Dec 2016
4939 posts
Posted on 9/22/22 at 9:55 am to
They're playing it cagey. Let the DOJ stand out on that limb as long as they like. Everyone has their own hand to play . . . including 45. BELIEVE THAT!!!
Posted by imjustafatkid
Alabama
Member since Dec 2011
50304 posts
Posted on 9/22/22 at 9:57 am to
They don't have to say it. Who is above the president to declassify documents?

The DOJ honestly has to argue there is a position above president for declassification if they want their case to be successful.
Posted by BengalOnTheBay
Member since Aug 2022
3855 posts
Posted on 9/22/22 at 9:59 am to
quote:

His clown car of sole practitioner real estate attorneys don't have a coherent strategy.



I've looked for a list of litigation against Trump over the last six years that he has lost, but I could not find it. I'm sure you have one available?
Posted by TigerAttorney
Member since Nov 2017
3799 posts
Posted on 9/22/22 at 9:59 am to
quote:

I’m trying to see the strategy here

The whole thing is a sham. DOJ can’t prove a President did not declassify.

If the documents belong in the archives it’s a Presidential Records Act issue, which is not criminal. Trump simply gives the documents back the archives.

Don’t try and figure out a political hit job. It make zero legal sense all the way around.
Posted by Indefatigable
Member since Jan 2019
26056 posts
Posted on 9/22/22 at 10:00 am to
quote:

They don't have to say it.

Correct, but why wouldn't they if they had proof of declassification? There is a reason every judge this has been in front of has commented how peculiar it is that the Trump team will not come out and say whether he declassified them or not.

It would immediately put the entire ordeal to rest.

If they believed he declassified them, and had proof of that, they would have put it in their pleadings. There is nothing to be gained by not doing so.
Posted by cwill
Member since Jan 2005
54752 posts
Posted on 9/22/22 at 10:01 am to
quote:

I've looked for a list of litigation against Trump over the last six years that he has lost, but I could not find it. I'm sure you have one available?


How about the litigation by and on behalf of Trump re election.
Posted by TBoy
Kalamazoo
Member since Dec 2007
23650 posts
Posted on 9/22/22 at 10:02 am to
quote:

Why wouldn’t Trump’s attorneys say the documents are declassified while Trump says it?

Trump will never say that under oath.
Posted by Dday63
Member since Sep 2014
2297 posts
Posted on 9/22/22 at 10:04 am to
quote:

HIs attorneys really havent said anything


In response to the DOJ's motion to amend Judge Cannon's order, Trump's attorneys suggested some of the documents may have been declassified.

When Judge Dearie asked them for details on that, since weeding out the declassified documents would make his job much easier, they refused. They said any claims of declassification would be an affirmative defense if Trump is indicted.

So, essentially, with the DOJ attorneys sitting right next to them, they said, "if you want to know which documents are declassified, then indict our client."
Posted by 19
Flux Capacitor, Fluxing
Member since Nov 2007
33161 posts
Posted on 9/22/22 at 10:05 am to
quote:

How about the litigation by and on behalf of Trump re election.


This is your GOT HEEM?

How pussiesque.

Posted by imjustafatkid
Alabama
Member since Dec 2011
50304 posts
Posted on 9/22/22 at 10:06 am to
The problem is your idea of "proof." All he has to do is say "I declassified it." He doesn't even need a paper trail. He didn't need to file a memo.
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