Quote (bogie160 @ Aug 31 2022 05:31pm)

Here's the quote.



That's oddly specific language for a general warning. What dump were they on notice for that they're referring to?

The FBI doesn't have a role in recommending that social media sites censor content. It's an election, it will always have a political impact. In this case, Facebook incorrectly deprioritized, and Twitter outright banned, a legitimately accurate news article that would otherwise have been highly damaging to one of the candidates.

In the long-run, nothing good can come from "experts" using their platforms to give authoritative recommendations based on disingenuous motives. Health-care experts did it when they concluded that protesting in close proximity was "ok" so long as you held a BLM flag, former intelligence officials did it when they told media sites that the story had "all the hallmarks" of Russian disinformation. And journalists do it when they re-envision themselves as moral crusaders with free reign to curate facts to fit a narrative. The FBI has been caught red-handed far too many times to count over the past few years. Lying on FISA applications, doctoring emails, lying to their own agents about the origins of oppositional research, alongside multiple agents fired or otherwise removed from their posts for impermissible bias in the course of their duty. But has anyone gone to jail? Of course not, they're the FBI. They're building a case for the next Republican government to take an axe through the bureaucracy and fire the lot of them. That would be disastrous in its own right, but they'll do it, because if the rules based order is collapsing, its at least better to be on the winning side.

Quote

First, the Government has publicly announced through its Response (Dkt. 48)
and recent “Notice” (Dkt. 31) that, in a moment of astonishing efficiency, it has completed the
filter team review and shared what the filter team deemed “non-privileged” with the investigative
team, and that it was “currently facilitating” a classification review of the materials seized during
the search. In other words, even after this Court issued its Preliminary Order providing notice of
the Court’s preliminary intent to appoint a special master in this matter, the Government has
expeditiously “facilitated”2
an Office of the Director of National Intelligence (“ODNI”) review of
documents that Movant intends to challenge as seized in violation of the Fourth Amendment and
the Presidential Records Act and thus subject to return (to the Movant or to his designee) under
Federal Rule of Criminal Procedure 41(g). Second, the Government now has the temerity to argue
that any involvement by a Special Master will “interfere” with the now ongoing Intelligence
Community review of the materials. Never has an argument against “interference” better
underscored the need for judicial involvement. All of this in the context of a unilateral filter team
operation that to-date has never made any contact with counsel for the Movant, another historic
first for DOJ. Left unchecked, the DOJ will impugn, leak, and publicize selective aspects of their
investigation with no recourse for Movant but to somehow trust the self-restraint of currently
unchecked investigators.

Quote (Goomshill @ Aug 31 2022 07:06pm)

https://storage.courtlistener.com/recap/gov.uscourts.flsd.618763/gov.uscourts.flsd.618763.58.0_1.pdf

Full text of Trump lawyer's retort
its quite a long read
but in particular, it draws attention to executive order 13489, issued by barack obama the day he took office, which explicitly says that former presidents may assert executive privilege in connection with the release of Presidential records by the National Archives and Records Administration (NARA) pursuant to the Presidential Records Act of 1978

https://obamawhitehouse.archives.gov/the-press-office/presidential-records

that's kind of hard to argue with when it comes with Trump's ability to assert executive privilege for his documents, as a former president, nevermind the claims of a standing order of declassification
since that order was never revoked by any president since, its law of the land.

most of it goes into tearing down the arguments by the DoJ. Saying that by claiming that the existence of potential classified documents negates standing, regardless of whether they actually are classified as a matter of law or whether they constitute the whole of the search, would set a precedent where courts could have not only their entire mechanism of relief but even standing for judicial review, effectively nullifying the fourth amendment. Any prosecutor could just make any claim of illegally possessed documents in any search by inverting the precedent in Wong Sun and saying that potential possession of illegal materials negates standing for claims of wrongful search.

Quote (thundercock @ Aug 31 2022 10:19pm)

I'm not a lawyer but every lawyer familiar with the case seems to believe that this response is hilarious/pathetic/nonsensical. It's hard to imagine how badly Trump fucked himself here when it was completely unnecessary. I'm sure if he just handed over the docs back when he should have, there wouldn't have been any controversy

Quote (thundercock @ Aug 31 2022 10:19pm)

I'm not a lawyer but every lawyer familiar with the case seems to believe that this response is hilarious/pathetic/nonsensical. It's hard to imagine how badly Trump fucked himself here when it was completely unnecessary. I'm sure if he just handed over the docs back when he should have, there wouldn't have been any controversy

Quote (Ghot @ Aug 31 2022 10:24pm)

Great!
I've got this bridge I want to sell you. :)


No. Matter. What. Trump. Does. The. Left. Will. Find. Something. Else. To. Hang. On. Him. They are making it up as they go along.
The ONLT reason, this country hasn't simply removed the left from office, is because the left control the media.

Quote (Ghot @ Aug 31 2022 07:24pm)

Great!
I've got this bridge I want to sell you. :)


No. Matter. What. Trump. Does. The. Left. Will. Find. Something. Else. To. Hang. On. Him. They are making it up as they go along.
The ONLY reason, this country hasn't simply risen up and removed the left from office, is because the left control the media.

Quote (KrWWW @ Aug 31 2022 10:26pm)

it's starting to seem blatant that Trump just has a bunch of yes men/women around him, but has a following for his speeches that make him think he's invincible

Quote (Ghot @ Aug 31 2022 10:31pm)

At the present time... the left sure thinks they are invincible.
They're breaking laws so fast, people need a score card to keep up.