DOJ Filing Before Eleventh Circuit Only Seeks to Stay of Part of Special Counsel Order

This image contained in a court filing by the Department of Justice on Aug. 30, 2022, and redacted by in part by the FBI, shows a photo of documents seized during the Aug. 8 search by the FBI of former President Donald Trump's Mar-a-Lago estate in Florida. On Thursday, a federal judge appointed a special master to review the documents. 

Late Friday, the Justice Department filed its long-awaited appellate filing related to the special master order of United States District Judge Aileen Cannon. While the Administration previously argued that the appointment itself is a threat to national security and unsupportable, it notably dropped its opposition to the appointment on appeal and only appealed one aspect of the order.  In its motion for a stay pending appeal, it is only asking the 11th Circuit to allow it to continue using classified documents seized from former President Donald Trump’s Mar-a-Lago property in a criminal investigation. The filing may reflect that time is running out for the Administration since a special master is now in place and is likely to prioritize (and release) these very documents. The motion pending appeal does not prevent the DOJ from later challenging the whole appointment but it will come after the special master has begun his work.

While legal experts pushed the department to challenge the entire order, the Department is seeking a smaller target.  In litigation the rule is the same as in hunting: “aim small, miss small.”  The DOJ could have just asked for a stay based on the arguments that a special master is facially improper. Instead, it focused on access to these documents in the first filing.

Despite a chorus of legal experts claiming that the entire order is legally unfounded and unsupportable, the DOJ is not making those arguments in court.  Indeed, it is not making the sweeping demands that it presented before Judge Cannon. It is only seeking access to roughly a hundred out of the thousands of documents seized in the Mar-a-Lago raid.

The filing states

“Although the government believes the district court fundamentally erred in appointing a special master and granting injunctive relief, the government seeks to stay only the portions of the order causing the most serious and immediate harm to the government and the public by (1) restricting the government’s review and use of records bearing classification markings and (2) requiring the government to disclose those records for a special-master review process.”

However, retired judge Raymond Dearie is now in place and was reportedly asked to prioritize those documents. It is likely that he would finish his review of the small number of documents relatively quickly. That would leave the Justice Department potentially with access as Dearie worked through the rest of the thousands of documents seized.

The filing seems intended to not just secure a victory before that release but also to abandon its prior sweeping legal claims. It is a smart move.  The first such move in this litigation by the Justice Department.  The Eleventh Circuit could always go further on its own to strike down the order or indicate unease with the order as a whole but the Justice Department is only seeking a narrow remedy on the strongest claim dealing with classified documents. The decision on the motion pending appeal could give the DOJ an insight on whether the court is willing to go further on a more general rejection of the order.

That is a change from the prior litigation. Media pundits mouthed the same exaggerated claims and challenged those of us who argued that it was clearly possible to release a redacted affidavit; liberals suddenly shuddered at the thought of doubting the Justice Department.  Then the government produced a redacted version that caused no such harms while confirming important facts in the case. The DOJ then made the same claims in opposition to a special master; claiming that the appointment would threaten national security.

The same breathless coverage followed the order that we have seen in prior Trump-related matters. AEI’s Neil Ornstein suggested that Judge Cannon is now engaged in obstruction by simply ordering a third-party review. The over-wrought response to this order is par for the course over the last six years.

Harvard Professor Laurence Tribe (who recently said that Trump could clearly be charged with the attempted murder of former Vice President Michael Pence) declared that an order to appoint a special master to review the documents is analogous to the Dred Scott decision as an abuse of judicial power.

Others have impugned Judge Cannon’s integrity and dismissed her as a “Trump judge.” Ironically, many of these same experts denounced Trump for such attacks on “Obama judges” when they ruled against him.

Most are dismissing the order as utterly without legal merit. Stephen I. Vladeck, a law professor at University of Texas and CNN contributor, expressed outrage at “an unprecedented intervention by a federal district judge into the middle of an ongoing federal criminal and national security investigation.” (Vladeck was one of the experts who previously supported an array of criminal allegations against Trump and pushed a false claim related to the clearing of Lafayette Park). While it is admittedly less common to use a special master in a criminal case, it is not “unprecedented” for a court to conduct in camera reviews of seized material. In this case, the court wants to use a special master to perform that function. Moreover, special masters are commonly appointed in the federal courts in an array of cases where judges need assistance in creating a record for a ruling on motions.

Now, after all of those over-wrought claims, the DOJ is only asking for access to the 100 documents — which is precisely where Dearie is expected to begin.

The DOJ would clearly like to eke out a victory before the Special Master rules. He is likely to give access to the documents as legitimately in the possession of the government. That would not only allow the use of the documents in the criminal investigation but it would blunt any negative ruling over other material that may have been improperly seized or retained. The DOJ itself acknowledged not just errors in its filtering process but also the seizure of potentially attorney-client protected material.

The question now will be whether the Eleventh Circuit wants to expedite the matter to order the access or give Dearie a chance to release the documents after a review. If Dearie were to act quickly, it could moot the appeal.

The only delay might be a challenge over the executive privilege claims that President Trump has raised with the Court. Judge Cannon has noted that the Court has never conclusively held that a former president cannot raise such privilege arguments. However, access could be restored before that question is resolved by the trial court though the Trump team could still object.  Conversely, it is not clear if the 11th Circuit will view that question as a threshold matter to be resolved before any access is given. If so, there would be a need for a full briefing and argument on the constitutional and statutory issues.

Here is the filing: DOJ Motion Pending Appeal

This blog was edited to add a copy of the motion pending appeal and add to the discussion of the options following the filing.

377 thoughts on “DOJ Filing Before Eleventh Circuit Only Seeks to Stay of Part of Special Counsel Order”

  1. “Hullbooby gets in line and apes “

    Anonymous the Stupid is demonstrating his Nazi tendencies. ATS, we are used to it.

  2. “There’s an election coming up, which is apparently the point of this entire exercise.”

    Yep. These politically motiavted “investigations” are yet another “insurance policy” for the DOJ/FBI. And they’re a double insurance policy.

    One for the midterms: “Do you really want to vote for a party where so many of its leadership and prominent supporters have been issued subpoenas and are under investigation?”

    And a second “insurance policy” for the 2024 presidential election. The Left’s desire is to make Trump so toxic that conservatives reject him — or, at the very least, so that there is a bloodbath for the nomination.

    1. Yeah, it couldn’t possibly be that he committed a crime involving national defense information.

      1. But he didn’t, and DOJ is going to have a hard time trying to use any document from the raid to prove he nonetheless did.

        One reason they’ll fail here, is that upon any indictment, Team Trump will immediately sue and win to quash the Warrant and all evidence illegally seized therefrom; bc Warrant & Search was far too broad & unconstitutional – ie fruit of the poisonous tree.

        But even before then, Special Master may advise courts to NOT let DOJ have any of the docs it took from ML bc DOJ could not show that at least 1 “marked classified” document they took from ML was a super-secret & still-classified, non-privileged agency doc. (Special Master may just ask DOJ for this on Tuesday, btw. Good luck with that! 😁)

        PS: Even if DOJ can produce such a doc (and prove it was actually within the docs they took from ML, also wasnt declassified or privileged, etc), DOJ still has a sh*t-ton of major uphill court battles to get through bf any Court will ever allow them to use such a document as basis for any criminal charges against a FPOTUS.

        – For example, one of many issues DOJ will have to prove & win, is that said Agency Doc isnt covered by Executive Privilege. And guess what? BAD NEWS FOR DOJ & ITS BIDEN MASTER: The Presidential Records Act (PRA) shoots down all the Lib TV & Twitter lawyer claims that this Privilege doesnt apply anymore as to a FPOTUS. Here’s the language from the PRA that you & the DOJ won’t like:

        [PRA] “Codifies the process by which former and incumbent Presidents conduct reviews for executive privilege prior to public release of records by NARA (which had formerly been governed by Executive order 13489).”

        PPSS: Further language from the PRA will also tank some of DOJs other positions, eg:

        [PRA] “Establishes procedures for Congress, courts, and subsequent Administrations to obtain “special access” to records from NARA that remain closed to the public, following a privilege review period by the former and incumbent Presidents; the procedures governing such special access requests continue to be governed by the relevant provisions of E.O. 13489.”

        HAVE A GREAT DAY! 😁

        1. While I think that you SHOULD be right in much of what you say.

          It is not likely the courts will do as you claim – even if they should.

          But you are still correct this is going nowhere.

          There are several reasons for that.

          The classified document issue is a red herring. Ex-presidents can access and possess classified documents.
          That is a double edged sword because they retain a duty to protect them that people without clearances do not have.
          But in the context of criminal allegations, storing them in the presidential office within the presidents home, secured by the FBI within a private gated community is going to be more than enough.

          If these documents are actually classified – Biden can PROBABLY demand them returned, but resisting through he law is not a crime.

          I expect the courts are likely to find.

          The documents are Trump’s – But DOJ can demand access,
          The documents are subject to executive priviledge – but the Current administration can go to court and gain access.

          1. Agree. But, I will take a “gentleman’s” bet 🙋🏼‍♀️ (or like to hope) that someone in the chain uses this PRA language to support these conclusions in it’s ruling shooting down the DOJ’s muck up of what little, actual ”law” or guidance we have on some of these issues.

            Also, I think DOJ is going to have to produce, to the SM, at least 1 super-secret Agency doc seized from ML (eg US Nuke secrets), or else SM may end up advising Judge Cannon to return everything to Trump absent DOJ being able to PROVE to the Courts that there is some eg National Security or other exigent, significant reason to keep stomping on Trump’s rights here.

            Finally, this repeated, blanket “Natl Security Threat” claim is also where I think DOJ messed up; they’re not the DoD or Congress or the NSA, and DOJ are not the arbiters of what constitutes a dire Natl Sec Threat. DEMS have already admitted that they INTEND to investigate this matter re docs seized from Trump. Cannon has highlighted this fact by allowing DEMs to continue w that. Clearly, this step should have been done first bf seeking the warrant based on such a claim. If, instead
            of an independently-verified concern or threat, the DOJ used its own assumptions or rumors or reporting or fear of such a threat, as basis for pretty much all their claims here, then I really hope the Courts finally set some precedent by calling this out.

            This blanket ”Natl Sec Threat” claim based on innuendo, rumor, biased-fear and/or intentional malpractice has been the predicate for most of the legally-unfounded, weaponized LEO attacks on Trump. “Orange Man Bad” and “Politico said” or imbuing intent to some else’s actions simply bc it’s “obvious what a criminal means with his words or behavior” are insufficient bases to ever begin a government investigation into any US citizen, and somebody needs to finally say this out-loud & in a way that makes in difficult for anyone to use it as a defense or predicate for illegally investigating anyone, and most especially one’s political opponents.

            Apologies the typos, heading out for a swim!

            1. I think it is highly unlikely that the SM is going to wade into the debate over whether documents marked classified are actually classified.

              That said he has essentially been directed by the court to look for executive priviledge material – and he is likely to do that.

              On each of these the SM is not going to dig deeply. Anything that is marked classified – he will treat as classified.
              Anything that is communications between Trump and a presidential advisor he is going to treat as having executive privilege. That could be alot of documents.

              The left has been legally stupid about all of this from the start.

              They keep making impossible logical and legal leaps.

              They keep trying to reason from outcomes.
              It is likely that Trump has a legitimate claim of priviledge. It is also likely the courts will eventually give DOJ the executive priviledge documents. Those on the left reason from the courts have always found something else trumps priviledge to there is no priviledge and Trump was obligated to provide the documents.
              That is false. Biden was obligated to get a court order if he wanted priviledged documents.
              He likely will get them. but DOJ/FBI/NARA skipped steps all over.
              Courts are not likely to look freindly at being sidestepped.

      2. “[T]hat [Trump] committed a crime involving national defense information.”

        As with the boy who cried wolf, such claims come with the stain of a history of lies.

  3. Jonathan: I know it’s Sunday but the news won’t wait. On Saturday the fearless leader spoke at a rally for JD Vance in Youngstown, Ohio. If there was any doubt about Trump’s embrace of QAnon that was erased on Saturday. You would have loved the speech. Trump talked about Ukraine, “fake news” and even Hunter Biden’s laptop. There was something for everyone–all the while the QAnon theme song played in the background. Trump’s rally supporters pointed their index fingers skyward in a QAnon finger salute which means “Where We Go 1 We Go All” or simply “America First”. On Tuesday Trump posted himself on Truth Social wearing a Q pin with the words “The Storm is Coming” which refers to a day of violent retribution when Trump’s enemies will face televised mass executions.

    Not to be outdone right-wing GOP Rep. Lauren Boebert, a big Trump supporter, spoke at the “Truth and Liberty Coalition” last week. Her theme? She said: “It’s time for us to position ourselves and rise up and take our place in Christ and influence this nation…We know that we are in the last of last days”–invoking Christian nationalist ideology. Boebert said she was “tired of this separation of Church and State junk” and that “the Church is supposed to direct the government”. So for Boebert the apocalypse is coming and “Christians need to be prepared”–a veiled call for violence.

    Although Trump doesn’t to have any religious beliefs he’s welcoming Christian nationalists and QAnon followers to join his “good vs evil” epic struggle. He needs their supporter to fight being indicted for all his crimes. Jan 6 was just a precursor of what Trump is planning. This time it will be a violent assault on the FBI and DOJ buildings. For those on the blog who are loyal Trump followers you need to sharpen your pitchforks!

    1. The THC you are full of (in addition to other smelly material) has rotted your brain. It’s not too late to get sober. Well, in the general sense. Not for you Marxists though.

    2. Let me guess, you’re still under the misguided belief that the “Laptop from Hell” isn’t real, right? The FBI and major news outlets have all confirmed it is real; aka Biden & his band of “Intel Officials” all lied when they swore to us that the Laptop was a fiction created by Russian Misinformation.

    3. Dennis, since you don’t know the difference between Nazi death camps and Martha’s Vineyard, how would you know anything about QAnon? You hear people that were stupid when they related Nazi death camps to Martha’s Vineyard. Do you now want to believe the same people concerning QAnon?

      You fit Einstein’s definition of insanity.

  4. what difference, at this point, does it make?
    The DOJ already knows what’s on every page. They simply don’t want anyone else to know.

    1. @Carolyn,

      The DoJ doesn’t know everything… and with a Special Master in place… they can’t touch the documents that they do have.

      The other issue here. The DoJ wants to claim that everything is classified and should be treated classified based on the markings on the documents.
      Trump could have very well declassified these docs which is something that will become an issue later once the special master goes through and provides an inventory.

      The rush for the DoJ is so that they could have an ‘October Surprise’. If not from a formal press release, but via leaks. If they suffer any leaks now… it would go badly for them. Very badly.

      Regardless of how you feel about the Orange Man, he still has the same rights and there has to be due process.

      The funny thing… The FBI confiscates a phone from a Trump confidant. If they routinely back their phones up… they could easily spend the $$ go to Apple, get a new one and then restore their phone from a backup.

      What I wonder is if they could legally brick their phone after its confiscated by the FBI.

      But I digress.
      The DoJ is being stupid here.
      They are obviously within their rights, but the potential blow back can be deadly to their careers. Of course… if the GOP retakes the House and Senate… some of these people could face legal issues of their own. Or be asked to resign….

      -G

      1. The documents in question are COPIES if originals! These are not singular documents the DoJ wants to access, these copies are evidence of their corruption and wrongdoing against Trump, his voters, the Constitution and American tax payers.

      2. I think the “marked classified” issue is a distraction. Presidential Records, Libraries etc contain tons of docs “marked classified”. Seems the only exception where a POTUS or a FPOTUS should not have equitable ownership or retain even a copy of such a marked doc is if its some kimd of super-secret agency doc (ie, “US Nuclear secrets”).

        Hopefully, the Special Master can ask DOJ to pony up here on Tuesday, and if they cant produce a single super-secret agency doc from the ML raid, I think they’re toast. Further, even if they can, it just means SM may advise the Cannon court that everything else should be returned to Trump as Personal or Presidential Papers to work w NARA on storing/securing, and then there will likely be a ton of litigation re privileges, constitutional issues, etc as to said super-secret doc. – Just my two cents.

  5. My conclusions are well founded.

    If I say I am going to fill your house with Bubble Bath – is that an inconvenience ? Yes.
    Is it a threat ? Yes.

  6. So they have yet another “criminal investigation”? What’s that take? Five minutes based on someone’s professed “information and belief”? And for this latest “criminal investigation” to proceed they have to use President Trump’s copies of documents (that they have the originals of) that they speciously claim he should not have had. And no one, mind you, including ordinary DC citizens sitting on a Grand Jury, will be permitted to see these documents, because “classified” (or something). “Just trust us”…

    What a convenient way for the DOJ/FBI continuously to hide their dirty doings.First the Mueller, then Durham cover operations. Now this, motivated by the hysteria surrounding the potential release of the Russia hoax et al. in the now-dismissed Trump v. Clinton et al. lawsuit. Because releasing the information that would (they claim) disclose “sources and methods” (read: lying, corruption, and illegal acts in a politically-motivated witch hunt) would be “obstruction of justice”! “Just trust us”…

    Please stop giving credit to the criminal cabal that now controls our intelligence communities. The President of the United States does not ever have to get permission from his underlings in the executive branch of government to possess or to release ANYTHING he wants to. Constitutionally, he IS the executive branch of the government. It is sheer lunacy that these shenanigans by unelected bureaucrats even are taken seriously.

  7. If a President, as Commander and Chief, has the Ultimate Authority to Classify or to Declassify and cannot be inhibited or parsed by Any minion or rule…All seized documents were Declassified by POTUS. No crime.
    Also, Mar Lago is secured by the Secret Service and there are U.S.A government employees, with clearances, on premises to manage Presidential documents. Again, No crime.

    1. None of the alleged crimes depend on the classification status of the documents. You should read them: 18 USC 9793, 2071 and 1519.

      The Secret Service protects people, not documents.

      1. You should read the Presidential Records Act. Here’s some language from it that you & the DOJ/Biden/DNC won’t like:

        “ Codifies the process by which former and incumbent Presidents conduct reviews for executive privilege prior to public release of records by NARA (which had formerly been governed by Executive order 13489).

        Establishes procedures for Congress, courts, and subsequent Administrations to obtain “special access” to records from NARA that remain closed to the public, following a privilege review period by the former and incumbent Presidents; the procedures governing such special access requests continue to be governed by the relevant provisions of E.O. 13489.”

        Ouch!

    2. Don’t forget Trump’s SCIF, in which to access these and other highest classified documents, as per the norm for former presidents.

  8. So now, other than the hoard of nony mice, there are 3 commenters who file multiple comments in short intervals, ones to be skipped as well: George, John Say and now “Jaelyn unafraid”. 🙁

    1. And what do you think? Should this case be decided from supreme orbited dicta or a last president’ eo? You are concerned ppl besides you post….what do you think benson?

    2. I feel for you. But why do you care so much what other ppl say? Benson? Why do you want George jae!yn and John skipped over? Unless you are a shinkwrapper…you should enjoy their comments. That proof In the first instance

  9. S So tell us does orbiter dicta trump obama’s executive order order? I want a special master to decide the law of the case.

  10. Let’s hear what the master says…..does he take orbited dicta from the supreme court……or does he take a past presidents eo? Let’s give him a chance on this unprecedented front. To see where our republic stands.

    1. Or, does the SM follow the clear language of the Act that governs these documents; ie the Presidential Records Act – which states, in part, that it:

      “ Codifies the process by which former and incumbent Presidents conduct reviews for executive privilege prior to public release of records by NARA (which had formerly been governed by Executive order 13489).

      Establishes procedures for Congress, courts, and subsequent Administrations to obtain “special access” to records from NARA that remain closed to the public, following a privilege review period by the former and incumbent Presidents; the procedures governing such special access requests continue to be governed by the relevant provisions of E.O. 13489.”

      Check-mate/ Team Trump will win.

      1. You shouldn’t assume that these docs are Presidential records. Many are instead government records that fall under the Federal Records Act.

  11. The DOJ waited nearly 2 years to get a search warrant for these documents. Now they are stating that if the 11th Circuit does not stay the special master ruling that time is running out??? With them waiting this long to go after these documents they should wait until the special master has a chance to review each and every document.

    My bet is that they already disclosed the information to grand juries to persuade them into indicting Trump. So with out getting the stay the Grand Juries are now null and void by being tainted with undisclosable information.

  12. To the extent that the courts worry that there may be merit in the charges that the DOJ is acting in the capacity of a partisan political player, i.e. using the courts as a prop in a PR stunt meant to affect the upcoming election, the courts may wish to not be used in that manner. Pausing these proceedings and appointing a Special Master who is given until after the election to complete his review, has the delightful side effect of keeping the courts out of the election without seriously impeding the DOJ in its quest to Fight Crime, if in fact that is what it is doing.

  13. Zoe Tillman (Bloomberg News): “Update: The 11th Circuit gives Trump’s legal team until Tuesday at noon to respond to DOJ’s petition to resume using seized Mar-a-Lago docs with classified markings in the criminal probe/not include those in the special master review.”

  14. It would appear the J Turley uses a broad stroke of mind, pinpointing finitely the varied legal possibilities, while reserving depth of evidence when it comes calling out the atrocities this current administration has ownership of.

  15. This is an entirely moot children’s game in a kindergarten sand box; a tempest in a teapot.

    At the point in time when the president conceived declassification of any or all material, that material was declassified.

    Classification and declassification of material is an exclusive function of the executive branch.

    No legislation to affect classification or declassification of material of the executive branch is possible or constitutional.

    The legislative branch has no power to usurp the power of the executive branch.

    Power of the executive branch may only be transferred to the legislative branch through amendment.

    The legislative branch may attempt to impeach a sitting president for any reason.

    Ideations of members of the legislative or judicial branches do not bear and do not prevail over the dominion of the Constitution.

    1. I read the Obama exec order 13526…..re: classified to put the ultimate authority in the president and vice president….only “delegate-able” from them. I think the May 16 2017 “abc” news article repeats this with reference to a navy supreme court case….about the plenary power of the president….re: classification or not. Then there is Hillary who said @ Sept 7 2022…. “.let’s wait for the facts”….(Sarah Burris raw news article). Because when Hillary was there…..a guy with a brief case cuffed to his wrist would show her top secret ….made….her sign ….then ….leave with the document….so Hillary wonders how docs even got to mara lago….in the first instance? …. And in 2017 article hr McMaster was like….the president gets to say. What is classified or not. But it’s worth thinking about how the fbi cited an “eo”…..of a guy who is not president….(like a dead guy wielding power over a legacy from the grave”. .) To The 11 th circuit. As though Obama’s eo was “law”….. The then used his eo.. of Obama! This is not the law of the case! …and even if it were …. it contemplates “unbiased review” regarding classifications……not the fb i “filter team”…..so obviously a special master needs to be here; now in this case and controversy….lest Obama rule from the grave. The other path is follow Obama’s stale eo….which will take a a lot longer…than the special master……and just because the walrus in his 11 months was unaware….doesn t mean his predec like type hr McMaster wasn’t aware!

      1. DOJ has missed very important language in the Presidential Records Act, which governs these documents. The PRA states (in part):

        “Codifies the process by which former and incumbent Presidents conduct reviews for executive privilege prior to public release of records by NARA (which had formerly been governed by Executive order 13489).

        Establishes procedures for Congress, courts, and subsequent Administrations to obtain “special access” to records from NARA that remain closed to the public, following a privilege review period by the former and incumbent Presidents; the procedures governing such special access requests continue to be governed by the relevant provisions of E.O. 13489.”

  16. When are judges going to punish the DOJ for the practice of leaking to the media? This is a denial of due process and of the doctrine of assuming innocence until guilt is proven!

    1. BEWARE THE “BOY FROM BAKERSFIELD”

      Corrective action will be effected and political retribution administered when conservatives (i.e. Americans) (i.e. republicans?) take the House and Senate.

      It ain’t never gonna happen under the “RINO Reign” of the Anti-Trump, Democrat-In-Republican-Clothing “Boy From Bakersfield.”

      Every communist (liberal, progressive, socialist, democrat, RINO) and every communist (liberal, progressive, socialist, democrat, RINO) law and program must be impeached, convicted and abrogated immediately, and with extreme prejudice, in perpetuity.

    2. More over the w/o they cite says specifically….even if it’s leaked its still classified….but in their filings the cite articles purporting to say it’s NIW in the public domain….blah blah

      1. How does that work? The do they cite says even if it’s leaked and in public domain it is still classified. But in their folk vs they always use the press and say walla….it’s in public so it’s not class. So are the using the so or not? Bc of not then they lie to the 1@th circuit by voting the eo.

        1. They lie to the 11th circhit. Their “eo” they apparently follow specifically says…they should think about that. In their filings….if they are relying on Obama’s eo. …to the 11th circuit…pretsnding on o e hand the so says xyz…on the other is not law. The feds need to determine before they make added of themselves…what is the law of the case? What is the law of the case? They sang leak and have the at sT now that it’s leaked….bc so 13526 doesn’t permit that. Declassification. Like that. What is the law of the case?

  17. What the DOJ has going against them is they took items like gifts newspaper clippings besides personal medical records and privledge documents . Besides a track record that makes them look political .

  18. This is a cringeworthy fed god in it’s over reach and subtle court arguments after the fact it did what it unlawfully did. Garland is a poison pill we dodged in the long term , but we still have his poison for another 2 years. I hope our representative republic can survive this toxin(s).

  19. It’s important that this review be concluded quickly, so the FBI can leak the most salacious details to the New York Times and the Post. There’s an election coming up, which is apparently the point of this entire exercise.

  20. No its not a smart move, these are THUGS and you ought to call their azzes just that Mr Turley. Why are you giving thugs any cred at all? They are destroying our constitution with this Lawfare BS. They stole the Election, and you know damned well they did. Try getting sack for once sir.

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