Entries by emptywheel

18 USC 793(g): Aileen Cannon’s Order Would Not Forestall Flipping Trump’s Custodian of Records

DOJ doesn’t intend to entirely halt the investigation into violations of the Espionage Act and obstruction while Aileen Cannon delays the other part of the investigation. And they have described next steps to include obtaining information uniquely available to Trump’s Custodian of Records. 

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Perfect Specimen: Government Records about the Mazars Lawsuit and Trump’s COVID Treatment Would Be Government Records

Even amidst several other dishonest claims on which Judge Aileen Cannon rested her decision to intervene in the Trump search, she did not claim that the medical, accounting, and tax records described in a still-sealed privilege review status report were not government documents.

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The Tactics of DOJ’s Request for a Partial Stay of Judge Cannon’s Order

DOJ’s motion for a partial stay pending appeal strikes me as an effort to improve their tactical position going forward. To refuse this order, Aileen Cannon would have to assert that the Federal Government doesn’t own its secrets. I don’t rule out that she’ll do so. But if she does, it’ll make an appeal far more modest, and her malign intent far more obvious. 

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