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Trump Sweeps Evidence of Obstruction under the Appellate Rug

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emptywheel
Trump's response to the government's motion for a stay of some of Judge Cannon's order ignores (or misrepresents) a bunch of factual issues. But it also makes an appellate claim DOJ did not address.
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Don't Analyze Trump Legal Filings Based on the Law, Analyze Them Based on Power

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emptywheel
Seven years into the Trump phenomenon, commentators are still treating Trump and his advocates as if they care about the law or the truth. They don't. They care about sustaining a narrative of grievance that might allow him to resume power.
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Trump Wants Two Weeks to Review 64 Documents; DOJ Expects Review of 500 Documents a Day

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emptywheel
Trump's team is wailing that Raymond Dearie is going to adhere to the law during his Special Master Review.
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"The Rule of Law is not assured:" The Cascading Constitutional Crisis Judge Aileen Cannon Deliberately Created

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emptywheel
By ordering Raymon Dearie to prioritize documents marked as classified in his Special Master review, Judge Aileen Cannon hastened the moment where we'll have a series of contentious fights about the Separation of Powers.
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On the Belated Education of John Durham

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emptywheel
The education of John Durham as he has struggled to provide discovery to first Michael Sussmann and now Igor Danchenko has been painful and damaging for those charged. But along the way he's debunking many of the conspiracy theories he was hired to sustain.
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Only Eric Herschmann (and Maybe Christina Bobb) Learned the Steve Bannon Lesson

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emptywheel
Even after Evan Corcoran's legal advice about Executive Privilege led Steve Bannon to be found guilty for contempt, he continued to try to push others, including Eric Herschmann, to follow the same advice.
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In Motion for a Stay, DOJ Raises Prospect that Trump Leaked Classified Documents

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emptywheel
In its motion for a stay before the 11th Circuit, the government hinted that the investigation into Trump's document theft has expanded to consider whether and to whom he leaked these documents.
[Photo: National Security Agency, Ft. Meade, MD via Wikimedia]
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Trust: In Bid for Stay, DOJ Likened Trump to Catastrophic Intelligence Compromise

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emptywheel
In a footnote of their motion for a stay, DOJ analogized Trump to Nghia Pho, who by bringing files home from work is believed to have contributed to two global malware attacks.
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That Other Bitter Jan6er about to Start Trial for Bringing Classified Documents Home from Work

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emptywheel
The trial for a different embittered former government employee who allegedly brought classified documents to his home in Florida, Oath Keeper Jeremy Brown, is due to start in October. It provides a glimpse at the kinds of issues that come up in Espionage Act prosecutions.
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Aileen Cannon's Special Master Is Designed to Preempt Decisions Reserved for a Jury

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emptywheel
A number of details about Judge Aileen Cannon's plans for a Special Master provide ways to pre-empt decisions a jury in a Trump trial would make.
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Judge Aileen Cannon Deems Grand Jury Subpoenas Toilet Paper

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emptywheel
Judge Cannon makes no mention of the specific crimes under investigation in her order denying a stay of her Special Master order. That's telling, because the documents marked as classified at issue are either evidence of a violation of the Espionage Act or evidence of obstruction.

Judicial Tyranny And The Atomized Society

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Ed Walker
Courts don't protect democracy. They protect a status quo that favors the filthy rich.
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Evan Corcoran's Two May 25 Stall Letters

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emptywheel
The letters -- two of them! -- Evan Corcoran wrote on May 25, the day after the original subpoena deadline for all remaining documents with classification marks in Donald Trump's possession, seemed focused on staving off the search that ultimately happened.
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Durham Admits He Has No Real Evidence on Four Millian Counts against Igor Danchenko

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emptywheel
When I scoffed that John Durham's key witness was the Twitter account purporting to be run by Sergei Millian, I didn't imagine how desperate he would be for some evidence -- even emails that show Millian returned to the US early in what would be ample time to meet with Igor Danchenko.
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Yes, Trump Was Making Notes on Classified Documents

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emptywheel
The confirmation that Trump took notes on classified documents makes it more likely that Trump is claiming he can't be prosecuted for stealing classified documents because he exploited US intelligence products for his own personal benefit.
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"A Coat Rack with Suit Jackets, as Well as Interior Décor Items Such as Wall Art and Frames"

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emptywheel
Trump stored his stolen documents alongside " a coat rack with suit jackets, as well as interior decor items such as wall art and frames."
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Carolyn Maloney Provides NARA Cause to Assert Standing

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emptywheel
Carolyn Maloney just made a request of Acting Archivist Debra Steidel Wall -- that she provide a report on any documents still missing from Donald Trump's stash by September 27 -- that may give NARA cause to intervene to access the documents seized last month.
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DOJ Prepares to Pull Multiple January 6 Threads Together

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emptywheel
Last week, DOJ served legal process to keep them busy through the election and, quite possibly, enough to emerge on the other side with the ability to start demonstrating how all these parts fit together: a scheme to attack our democracy and get rich while doing it. 
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Donald Trump Agrees He Is Living By Barack Obama's Rules

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emptywheel
In a bid to argue that he gets to decide if he can access classified information, Donald Trump admits he's still bound by Barack Obama's rules which say he can only access that information if Avril Haines agrees.
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