Former’s latest profile President Donald TrumpYour legal team is more of a “pretend” children’s game than a legal filing.
Trump’s attorneys filed in response Special Master Raymond Dearie asked Trump and the DOJ to brief him on the so-called “global issues” in the case, meaning extensive legal issues could help guide Dearie’s slogan through the thousands of documents recovered in the FBI search warrant executed at the Mar-a-Lago estate. of Trump.
Trump’s lawyers have apparently interpreted “global” as a license to make legal arguments so broad that they would make the Presidential Records Act (PRA) as well as legal doctrines such as privilege. law becomes meaningless.
A good example of the childish “let’s pretend” in the case of Trump is debate that the PRA could not apply to any of the documents he had obtained because they were personal documents. Trump briefly cited the PRA requiring that “documents created or received by the President…, to the extent practicable, be classified as Presidential or personal records as they are obtained.” created or received” but concluded that Trump had not taken any steps to classify the document. documents just as he classified the documents as personal documents.
Such a conclusion would eliminate PRA altogether and replace the “whatever the president thinks” theory as the law that preserves our national history. If this sounds familiar, chances are you Memorize Trump claimed that he could declassify documents just by “thinking about it”.
Same concept: “just pretend.”
The legal doctrine of executive privilege is similarly treated. Recall that executive privilege is intended to protect Executive Branch advice and discussions from unnecessary disclosure; so obviously documents that are purely personal by definition don’t fall into this category.
However, Trump argued that only in the event that the Special Master decides that the documents obtained by Trump are not personal documents will they be protected by executive privilege.
Trump’s lawyers call this an alternative argument. It cannot. That is an inconsistent argument. The fact that the documents would be personal — newspaper clippings or mementos, for example — would make them unlikely to fall under executive privilege. This is how Trump’s lawyers explain that: “Simply put, assuming … that the documents are not designated as personal documents during Plaintiff’s presidency, they should be treated as Presidential documents protected by privilege executive.”
There is no discussion of how the same characteristics that make documents private can also make them privileged documents. In other words, if the documents are not personal, just pretend they are privileged documents.
The Department of Justice doesn’t believe in fabrication when it comes to search warrants and criminal prosecutions. In the newly sealed November 8, 2022 filing, the DOJ argues that Trump “cannot argue that a document is ‘completely private or non-public’ under PRA while simultaneously claiming, as a backup, that it reflects the confidential communications of the management.” Surname featured Trump’s alternative arguments that the documents he obtained were personal documents or executive privilege documents were a “cover game” and were a document that “special owners shouldn’t be” fondness.”
But buried in this back and forth between Trump’s legal team and the DOJ are two growing threats to Trump.
The first threat arises from the DOJ asking Trump to file an affidavit confirming or denying the accuracy of the Mar-a-Lago archive. Such an affidavit is likely to thwart Trump’s assertions that the FBI installed the documents.
The second threat is for the DOJ to request the lifting of any restrictions on its use of any material not deemed privileged under attorney-client or executive privilege. DOJ succinct statement “classification of problematic records as those of the President or individuals ultimately does not affect the government’s ability to use and review them for criminal investigation purposes.” .”
It’s a stark reminder to Trump that all his bogus arguments will eventually disappear in the face of a criminal case because you can’t pretend to get away with an indictment.