Can you point out a single instance anytime anywhere where any person has been prosecuted for mere posession. Guess Where Obama, Clinton and Both Bushs Had Their Presidential Documents Stored: Please, do what you can to help us get through this trying time. Trumps teams response should be Prove I didnt. Only Biden has the power to say no. It is not good to show partiality in judgment. Trumps possession does not become unauthorized because Biden takes the oath of office. . Clinton had actual unauthorized posession of thousands of classified documents and was not prosecuted. So when you send it, it is declassified. A three-judge panel of the U.S. Court of Appeals for the 11th Circuit agreed to put on hold a lower court's order that kept the subset of sensitive records off-limits for the Justice. The Eleventh Circuit Court of Appeals is made up of Active Judges and judges who retired to Senior Status but remain on the bench. There are roughly 11,000 documents and 1,800 other items being held from the search on Mar-a-Lago. Dearie was tasked with reviewing approximately 11,000 records seized by the FBI during its raid of Trumps private residence. finds declassification irrelevant to access for criminal investigation. To donate by check, phone, bitcoin, or other method, see our, Chomsky: Midterms Could Determine Whether US Joins Ominous Global Fascist Wave, Georgias Governor Deputized GOP Vigilantes to Challenge 149,000 Voters, Report: Big Shipping Companies Profits Increased 30,000 Percent Amid Inflation, Twitter Suspends Comedian Kathy Griffin After She Mocks Elon Musk, Abortion Bans Are a Direct Threat to Economic Security, The 2022 Midterms Are a Referendum on the Future of Democracy in the US, Calls Grow for Clarence Thomas to Recuse Himself From Trump Mar-a-Lago Docs Case, Trump Lawyer Refused Trumps Request to Say All Documents Were Returned, National Archives Says Its Still Missing Docs Trump Removed From White House. [1] https://justthenews.com/sites/default/files/2022-09/gov.uscourts.flsd_.618763.125.0.pdf, https://www.documentcloud.org/documents/22924672-motion-for-extension-of-time. Those inanimate documents were in the same place as they were one second later when the Presidency changed hands. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to the Supreme Court of the United States. The decision by the Atlanta-based 11th Circuit Court of Appeals represents a setback to the 45th president, whose legal team asked the court on Monday to hold off hearing oral arguments. But all laws and norms have been flipped on their heads to get Trump. Yes: https://www.washingtontimes.com/news/2022/aug/22/tapes-stored-bill-clintons-sock-drawer-could-affec/ It does not include exerising every legal option available to you to protect your rights. On Wednesday, the United States Court of Appeals for the Eleventh Circuit narrowed the order of U.S. District JudgeAileen M. Cannon by allowing the Justice Department to regain access to the roughly 100 classified documents seized among roughly 11,000 documents at Mar-a-Lago. You can reach her at Brooke.Singman@Fox.com or @BrookeSingman on Twitter. The DOJ then strongly implies that when the matters before the 11th Circuit are complete, they plan to charge the former president with unlawfully retaining government records that do not belong to him and very possibly making them easily available to persons without authorization by the current administration to see or handle them. Sarah Rice for The Washington Post via Getty Images, The U.S. Court of Appeals for the 11th Circuit. The 11th Circuit in the Wednesday filing also set the deadline for all briefs to be submitted to the court by Nov. 17. by Sabrina I. Pacifici on Sep 19, 2022 On Friday September 16, 2022 the DOJ submitted its appeal to the 11th Circuit Court of Appeals IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT DONALD J. TRUMP, Plaintiff-Appellee, v. UNITED STATES OF AMERICA, Defendant-Appellant. The announcement from the 11th Circuit Court came on Wednesday. (Photo by Drew Angerer/Getty Images) Petitioner sought relief based on his political opinion. What is clear is that the investigation can now proceed with the full use of these classified documents to try to establish knowing violation by either Trump or his aides, including lawyers who certified or stated that there were no further classified documents at Mar-a-Lago. You are, of course, free to indulge that red herring here. Citations Copy Citation. The notion that that can somehow be a crime requires the extremely delusional assumption that, in the exercise of their recognized Constitutional powers, POTUS (or any other elected official) could make a mistake placing them in legal jeopardy from another branch of government. (d) The governments position is that FPOTUS was not lawfully in the possession of these documents. It was not unexpected. It may shed light on, for example, how the materials bearing classified markings were transferred to plaintiffs residence, the DOJ said. The FORMER President is not authorized to possess NDI. The Justice Department late Tuesday evening told the 11th Circuit Court of Appeals that former President Trump failed to show he declassified documents seized from Mar-a-Lago. If the court eventually sides with the DOJ and determines that a special master was improperly granted or is unnecessary, it could result in a quicker DOJ decision. Special Master Dearie has already lost patience with the Trump team in failing to support declassification claims and, correctly, said that he will proceed under the view that these documents remain classified in the absence of such proof. We will have to wait and see. While the government must show a knowing violation (as opposed to classified status), the Trump team has repeatedly declined to produce evidence of such a written or oral order, including any declaration from Trump or staff on such a decision. That is more than a legal burden that can be met in secret with a magistrate. No. A panel of judges on the 11th U.S. 12 comments Last night, surprising absolutely no one, the Department of Justice filed an appeal with the Eleventh Circuit Court of Appeal. The only punch they pulled in that sentence was the word may in modifying the word unlawfully, which they felt necessary given the fact that determining whether someone has acted unlawfully must be determined by trial. Good luck. 11th Circuit: 2010). None of the know facts supports a warrant. In an appeal the burden of proof is on the moving party also but it is a much higher burden. Dont quote statute numbers quote the law that mentions the former President and its link. 45 - Oral Arguments By Audio or Video Conferencing. The Burden is solely and completely on the DOJ to disprove that. Because you are sending it to Mar-a-Lago or where ever you are sending it. The question now is whether the Justice Department will push forward to seek to challenge the rest of the order and the very basis for the appointment of the Special Master. Circuit Court of Appeals has granted a request from the Justice Department to stay portions of a ruling by U.S. District Judge Aileen Cannon that had. A crime is still AN ACT. Date published: Jun 3, 2022. Trump had asked the Supreme Court to intervene, requesting that Justice Clarence Thomas, who has jurisdiction over the 11th Circuit, reverse the courts ruling that allowed the Justice Department to continue its review of classified documents seized by the FBI, and instead direct Dearie to review those records. Failure to comply with 11th Cir. You have problems with dates. Focusing on both national and local topics since the early 2000s, he has produced thousands of articles analyzing the issues of the day and their impact on the American people. On Appeal from the United States District Court for the Southern District of Florida MOTION FOR PARTIAL STAY PENDING APPEAL JUAN ANTONIO GONZALEZ United . The alleged crimes are refusing to return documents with classified markings that were subpoenaed by a grand jury and obstruction. The special masters deadline to review the documents twas extended from 11/30 12/16/22. Worse the immplication LITTERALLY is that DOJ is seeking to recover declassified crossfire huricane material. The FORMER President is not authorized to possess NDI.. DOJ Eleventh Circuit Appeal Contributed by Kevin McCoy (USA Today) p. 1. Trumps lawyers had argued against the DOJs claims that a special master was unnecessary in a brief they submitted earlier this week. Had the court sided with Trump, the process to determine the need for a special master would likely have lasted well into next year. , but he is widely expected to lose that appeal. It is nonsense like that that is a direct consequence of the stupid interferance by the 11th circuit court of appeals. By Josh Kovensky | October 14, 2022 6:02 p.m. 121 The Florida judge who blocked the DOJ's investigation into classified records held at Mar-a-Lago undermined her own ruling, prosecutors said in a. . 404-335-6100 Candor Tribunal. Appeal from the United States District Court . That is clearly not going to go over well with the courts. Will Trump be indicted for these crimes? Even the portion of the law you hang you hat on unauthorized possession is ONE element, The 11th circuit court of appeals improperly elected to accept an appeal by DOJ. The only means by which an ex-president could commit the crime you are alleging would be if NARA went to court, won, and Trump refused a court order to turn over the materials. Petitioner began supporting the Nepali Congress Party ("NCP") in 2013. Those photos were pulled from an envelope with Top Secret markings, and they were the Crown Jewels of our spy satellite programs. She was not prosecuted for possession because that is NOT enough. Would it be proven as an exercise of disgression to bring charges against FPOTUS? I do not know whether Trump will be indicted. The Eleventh Circuit is one of the thirteen United States . No one would know that there was declassification other than the fact the he removed the documents or treated them as declassified., And yet, if you read the SCOTUS decision on Navy vs Egan, that is precisely what they are saying. There doesnt have to be a process. Yet, again it is NOT an illegal act. But following the law would openly admit that Trump was ALWAYS allowed to possess this material Regardless of what it is. Thanks to the 11th Circuit stay, the FBI can now continue its investigation. On Friday afternoon, the Justice Department filed its opening brief in the Eleventh Circuit for an appeal of U.S. District Court Judge Aileen Cannon's Sept. 5 order appointing a special master to oversee privilege claims of documents seized during the Aug. 8 search of former President Donald Trump's Mar-a-Lago . She said there shall be no separate requirement for Trump at this stage, prior to the review of the Seized Materials, to lodge ex ante final objections to the accuracy of Defendants Inventory, its descriptions, or its contents.. Misleading headline. One of Trumps lawyer, James Trustym sounds off on Life, Liberty & Levin. The 11th Circuit Court of Appeals on Wednesday agreed to fast-track a U.S. Department of Justice appeal of a case involving allegedly classified and secret documents recovered from Donald Trump's Mar-a-Lago home and resort. In the filing U.S. Court of Appeals for the 11th Circuit filing, the DOJ said the circuit court should pause part of the lower court decision that prevents prosecutors from relying on the . (Felipe Ramales / Fox News Digital). That is normal for warrants. Our daily email newsletter will keep you up to date. Again, Plaintiff offers no response. The 11th Circuit Court of Appeals issued an order shortening the timeline for the Justice Department and Trump's lawyers to finish submitting legal briefs to the court by November 17 after the DOJ . Please. . Trump has filed a claim in civil court. The announcement from the 11th Circuit Court came on Wednesday. thanks. Eleventh Circuit Court of Appeals Eleventh Circuit Court of Appeals Eleventh Circuit Court of Appeals . October 5, 2022 The 11th Circuit Court of Appeals has granted a request from the Justice Department for an expedited schedule for dealing with an appeal from the department of the selection of what's called a special master to take over key components of dealing with records seized by FBI agents from Mar-a-Lago. The U.S. Court of Appeals for the 11th Circuit granted the request from federal prosecutors to shorten the timeline for the Justice Department and Trump's lawyers to file briefs in the. Thanks to the 11th Circuit stay, the FBI can now continue its investigation. [2] https://www.msn.com/en-us/news/politics/trump-lawyers-pressed-on-seized-mar-a-lago-documents-by-special-master-in-nyc/ar-AA123pPF, Is this true? As previously discussed, this was the smart move by the Justice Department to first seek access to this small group of documents with classified markings, the strongest of its arguments against the order. This was the most likely outcome all along. Now Biden is using the actual power and tools of the executive DOJ/FBI to go after a political enemy WITHOUT evidence. It is not about admitting it. Your effort and contribution in providing this feedback is much The original deadline was Nov. 30. If a president could declassify with a thought, he could literally declassify every document in the possession of the U.S. government with a constitutional Jedi-like power. APPEALS COURT WILL EXPEDITE REVIEW OF SPECIAL MASTER APPOINTMENT IN TRUMP DOCUMENTS CASE, But on Friday, the Justice Department challenged the appointment of Dearie altogether, arguing that Trump has not "asserted a claim of personal attorney-client privilege that would justify the district courts order. Powered and implemented by FactSet Digital Solutions. CNN Sans & 2016 Cable News Network. Enter your email address to subscribe to this blog and receive notifications of new posts by email. Brooke Singman is a Fox News Digital politics reporter. Updated September 16, 2022 at 9:34 PM ET. Trump must have moved the documents AFTER he was no longer president, On Wednesday, the United States Court of Appeals for the Eleventh Circuit narrowed the order of U.S. District Judge Aileen M. Cannon by allowing the Justice Department to regain access to the roughly 100 classified documents seized among roughly 11,000 documents at Mar-a-Lago. Discovery Company. Now on a more practical note, it does stand to reason that if POTUS literally wants mountains of classified material in the possession of government declassified then he must communicate that decision so those in possession of those documents are aware and may re-file them appropriately. It was not unexpected. Mere posession particularly authorized possesion which you clearly have in Trumps case absent proving actual theft AFTER Bidens inauguration, She should have been prosecuted for butting those documents onto the internet, for providing the to unauthorized people, for acquiring them illegally, for allowing them to be copied to Huma Adedins laptop. Again this was beaten to death when Mueller idiotically tried to speculate that Trump engaged in obstruction of justice. My guess is that he has shown how corrupt every institution of government in the US is and he, in his second term was going to dismantle the corrupt agencies and either fire or prosecute the guilty traitors in the bureaucracies. They should have waited for the SM to resolve the issue, which he was doing. Quotes displayed in real-time or delayed by at least 15 minutes. That is how our system of justice is supposed to work. Before you drain your brain thinking of the crime you need to get your dates straight. Whether youre able to make a $5 monthly donation, or give more we need you. The Attorney General has delegated this discretion to the IJs within the United States Citizenship and Immigration Services. All Rights Reserved. Former president Donald Trump's Mar-a-Lago resort in Palm Beach, Florida. But that has never been necessary to an investigation. 22-13005-F IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT DONALD J. TRUMP, Plaintiff-Appellee, v. UNITED STATES OF AMERICA, Defendant-Appellant. Appeals are heard in the Elbert P. Tuttle U.S. Court of Appeals Building in Atlanta . It is ordered that the following allotment be made of The Chief Justice and the Associate Justices of this Court among the circuits, pursuant to Title 28, United States Code, Section 42 and that such allotment be entered of record, effective September 28, 2022. But were still facing an existential threat to our survival, and we cant keep publishing without your support. Cannons order to appoint a special master prevented the DOJ from examining all of the documents they had retrieved from Trumps estate. 2022 Cable News Network. All rights reserved. Dearie has scheduled next status conference for 10/6/22. All rights reserved. The DOJ has through Nov. 17 to file an optional reply. The former presidents failure to support his declassification claims only magnified the problem with that part of the order. Plaintiff likewise fails to rebut the motions showing that the injunction is irreparably harming the government and the public. Yesterday, FNN aired two episodes about this legal saga: 1.in a 5 segment On Sunday Night in America, former AG Bill Barr weighed in with his opinion [1]: You really think ordinary people Trust the FBI/DOJ or the courts on this ?