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‘Ultimately Irrelevant’: DOJ Destroys Trump’s Claims as It Tries to Convince Judge of Urgent Need to Use Classified Docs

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The U.S. Dept of Justice is trying once again to convince a Trump-appointed judge that it has an urgent need to continue its investigation of the 100 or so classified documents it seized from the former president’s Mar-a-Lago resort and residence.

Tuesday evening DOJ filed a motion explaining why Trump’s legal arguments don’t hold water.

Trump, the Dept. of Justice tells Judge Aileen Cannon, has never officially told the court that he declassified the 100 documents in question, while he has asserted that they are his, or more specifically, his records under the Presidential Records Act.

National security attorney Brad Moss says the DOJ is “smacking Trump for dancing around declassification and executive privilege issues without actually invoking them.”

By the language they are using, it appears they are almost mocking him and his attorneys.

READ MORE: Judge Unseals More of Mar-a-Lago Search Affidavit That Appears to Confirm Trump ‘Did Play a Role’: Fmr. Fed. Prosecutor

Attorney Gabriel Malor suggests that DOJ is taking “a shot at Judge Cannon for doing Team Trump’s work for them.”

It appears DOJ has found the flaw in Trump’s argument that tries to leverage the Presidential Records Act (PRA).

If Trump, the plaintiff, is claiming he has declassified the documents then there is no reason DOJ should not be allowed to use them in furtherance of its investigation. Right now Judge Cannon is blocking them from using the 100 documents in any way to further their investigation. DOJ is seeking what it calls a “limited stay.”

READ MORE: ‘Illegally Removed’: House Dems Direct National Archives to Review Records to Determine if Trump Still Has More

If Trump, as he has suggested, declassified them and is now claiming they are his personal records, then there is no possibility of any “executive privilege” claim whatsoever,” DOJ argues. Executive privilege only covers areas related to “performance of his official duties.”

Trump’s “suggestion that he ‘may have categorized certain of the seized materials as personal [records] during his presidency’ … if true, would only supply another reason that he cannot assert executive privilege with regard to those records,” DOJ states.

“If Plaintiff truly means to suggest that, while President, he chose to categorize records with markings such as ‘SECRET’ and ‘TOP SECRET’ as his personal records for purposes of the PRA, then he cannot assert that the very same records are protected by executive privilege—i.e., that they are ‘Presidential communications’ made in furtherance of the ‘performance of his official duties.'”

Trump, the DOJ says, “does not actually assert—much less provide any evidence—that any of the seized records bearing classification markings have been declassified.”

“More importantly, the issues [Trump] attempts to raise are ultimately irrelevant. Even if Plaintiff had declassified these records, and even if he somehow had categorized them as his ‘personal’ records for purposes of the PRA—neither of which has been shown—nothing in the PRA or any other source of law establishes a plausible claim of privilege or any other justification for an injunction restricting the government’s review and use of records at the center of an ongoing criminal and national security investigation.”

“And nothing in Plaintiff’s Response rebuts the compelling public interest in granting the limited stay the government seeks.”

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No ‘Semblance of a Campaign’: Five of Trump’s Candidates for Governor Air Zero TV Ads Combined

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Former President Donald Trump’s picks for governor in five states are facing media scrutiny after failing to air a single television advertisement since winning their primaries.

In a report on Monday, The New York Times revealed that Pennsylvania candidate Doug Mastriano “is being heavily outspent by his Democratic rival, has had no television ads on the air since May.”

“There’s no sign of cavalry coming to his aid, either: The Republican Governors Association, which is helping the party’s nominees in Arizona, Michigan and six other states, has no current plans to assist Mr. Mastriano, according to people with knowledge of its deliberations,” the paper added.

Matt Brouillette, the president of a conservative advocacy group, slammed Mastriano in remarks to the Times.

“I can’t even assess things because I don’t see a campaign,” Brouillette said. “I’ve not seen anything that is even a semblance of a campaign.”

According to the report, Mastriano’s lackluster campaign is not unusual among Trump’s preferred candidates.

“Along with Mr. Mastriano in Pennsylvania, Trump-backed candidates for governor in five other states — Arizona, Illinois, Maryland, Massachusetts and Michigan — have combined to air zero television advertisements since winning their primaries,” the report said.

Over the weekend, Rep. Liz Cheney (R-WY) vowed to campaign against Mastriano and other Trump-endorsed candidates who push lies about the 2020 presidential election.

“I think we have to do everything we can in ’22 to make sure those people don’t get elected,” she told the Texas Tribune Festival. “We have to make sure [Doug] Mastriano doesn’t win.”

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‘We Have Incredible Things’: Trump Surprised NYT Reporter Last Year by Boasting He Kept White House Documents

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Former President Donald Trump surprised New York Times reporter Maggie Haberman by casually mentioning that he had kept White House documents after leaving office.

The New York Times reporter revealed in her forthcoming book, “Confidence Man: The Making of Donald Trump and the Breaking of America,” that the former president told her Sept. 16, 2021, at his club in Bedminster, New Jersey, that he mentioned that he had held onto some government records that should have been sent to the National Archives, according to excerpts published by Axios.

“He demurred when I asked if he had taken any documents of note upon departing the White House — ‘nothing of great urgency, no,’ he said, before mentioning the letters that Kim Jong-un had sent him, which he had showed off to so many Oval Office visitors that advisers were concerned he was being careless with sensitive material,” Haberman reported.

Haberman expressed surprise that he took those letters, which he eventually returned months later after the National Archives demanded them.

READ MORE: Trump’s delay tactics pushed special master Dearie to respond with a ‘master stroke’ that helps the DOJ

“He kept talking, seeming to have registered my surprise, and said, ‘No, I think that’s in the archives, but … Most of it is in the archives, but the Kim Jong-un letters … We have incredible things,'” Haberman wrote.

The FBI searched Trump’s home last month at Mar-a-Lago, where they seized more than 11,000 documents and 1,800 other items, including about 100 classified materials — including some marked “top secret,” and the search warrant shows investigators believe he may have violated the Espionage Act and other laws.

 

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‘Pretty Big ‘A-Ha’ Moment’: J6 Staffer Reveals White House Switchboard Called Rioter’s Cell Phone During Insurrection

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On Friday, 60 Minutes revealed that Denver Riggleman, a key staffer for the House Select Committee on January 6, discovered the White House switchboard patched through to the phone of a Capitol rioter — while the attack was in progress.

“Riggleman, an ex-military intelligence officer and former Republican congressman from Virginia, oversaw a data-driven operation for the January 6 committee, pursuing phone records and other digital clues tied to the attack on the Capitol. He stopped working for the committee in April,” reported Keith Zubrow.

“You get a real ‘a-ha’ moment when you see that the White House switchboard had connected to a rioter’s phone while it’s happening,” said Riggleman to 60 Minutes’ Bill Whitaker. “That’s a big, pretty big ‘a-ha’ moment.”

He added that “I only know one end of that call. I don’t know the White House end, which I believe is more important. But the thing is the American people need to know that there are link connections that need to be explored more.”

This comes after a series of damning revelations about the involvement and support of former President Donald Trump in encouraging the people storming the Capitol.

One of the biggest allegations to come out of the public hearings by the select committee was the claim by former White House staffer Cassidy Hutchinson that Trump demanded the rioters be allowed onto the premises because “they’re not here to hurt me” — and that he lunged at his security detail in the car after they refused to take him to the Capitol to join the attackers.

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