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‘That’s Not How It Works’: Legal Experts, DOJ Slam Trump ‘Shell Game’ Claim He Owns Classified Docs

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Legal experts and even the U.S. Dept. of Justice are once again denouncing Donald Trump‘s attempts to avoid possible criminal prosecution and to keep mountains of classified and top secret documents he absconded with from the White House and stored at his Mar-a-Lago resort and residence.

Trump’s latest claim, according to Politico’s Kyle Cheney’s reporting, is that the ex-president is arguing in a “legal brief that the mere [fact] he transported sensitive records to Mar-a-Lago while he was president means he automatically designated them as ‘personal’ while still in office, a designation he says [cannot] be challenged in court.”

“Meanwhile,” Cheney continues, “DOJ says Trump is engaged in a ‘shell game,’ attempting to claim records seized from him are ‘personal’ but, if the judge disagrees, they’re also shielded by executive privilege. DOJ says Trump can’t have it both ways.”

Legal experts agree with DOJ.

READ MORE: Senate Democrats Expected to Pass Bipartisan Bill Codifying Same-Sex Marriage Rights Amid Some GOP Objections: Report

“That’s not how it works,” says former FBI Special Agent Asha Rangappa, an attorney and legal and national security analyst. “The designation of records as presidential or personal happens upon creation or receipt. Seems like they were initially designated as the former because NARA has a record of them. Changing designation after that requires notifying archivist 44 U.S.C. 2203.”

Also agreeing with the DOJ’s assessment, former FBI General Counsel Andrew Weissmann, who spent 20 years at DOJ, writes: “A new shell game by Trump and his counsel is exactly right.”

“So great that Judge Dearie,” Weissmann adds, referring to Trump’s hand-picked special master, “and not [Trump appointed Judge] Cannon, will have the first crack at this– if 11th Circuit doesn’t make this all moot soon by ending the whole claim before Canon.”

Top national security attorney Bradley Moss adds, “That’s not going to hold up. That’s not what came out of the Clinton tapes decision.”

Attorney Luppe B. Luppen notes that Trump’s argument “would nullify the PRA entirely,” referring to the Presidential Records Act.

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“The outgoing president could just stuff any records he wanted in his pants,” Luppen suggests, if Trump’s legal theory were valid, “regardless of whether they were nuclear submarine secrets, pardons, or original copies of international treaties, and the people wouldn’t own them anymore.”

But Brad Heath, Reuters’ DC reporter for crime and justice offers a big picture overview, saying, “It’s hard to see why the personal/presidential categorization matters very much right now. The government routinely seizes personal records pursuant to search warrants; that’s basically why search warrants exist.”

Trump had at Mar-a-Lago more than 300 classified documents, The New York Times reported in August. Late Sunday night The Guardian reported Trump had “documents bearing classification markings” in his Mar-a-Lago office desk drawer. That could upend his claims he had declassified all the documents at Mar-a-Lago.

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Platner Scorched Over ‘Taking Time’ Video After New Accusation

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Maine Democratic U.S. Senate nominee Graham Platner is under fire after releasing a video declaring that new allegations against him are false, yet he is “taking time to reflect” on a path forward.

Politico on Monday afternoon reported that a woman who dated Platner, Jenny Racicot, “says he forced her to have sex with him nearly five years ago despite her repeated objections, an allegation Platner denies.”

“Racicot said she had an on-and-off relationship with Platner,” Politico reported, “for more than two years before he entered her rural Maine home uninvited one night in late 2021, deeply intoxicated, and forced himself on her while she repeatedly told him to stop. She said she cut off contact with him after telling him the encounter was not consensual.”

In a video posted to social media eleven minutes after the Politico story dropped, Platner says, “I wanted to directly address the troubling, serious, and false allegations against me. Any accusation of nonconsensual behavior is categorically false.”

He said he and his supporters “were united in a love of Maine, a belief that our politics must change, in a focus on defeating Susan Collins.”

“So, regardless of the inaccuracy of the reporting, but mindful the political reality will inflict, we are taking the time to reflect on the best path forward for the state that I love, the people that I love, the movement I belong to, and the goal of defeating Susan Collins.”

“Those were the goals when we launched this campaign. And they remain my goals today.”

“Throughout it all, you never turned your back on me. And I will not turn my back on you now. Every one of you deserves to see that vision come to fruition and see Susan Collins defeated. And we will use every tool at our disposal to do so.”

The Bulwark’s Tim Miller, a political commentator who served as the communications director for the Jeb Bush 2016 presidential campaign, blasted Platner.

“I’m sorry but ‘we are taking time to reflect on the best path forward’ is not an option on the table,” Miller wrote. “Either it’s false and you campaign with vigor or it’s true and you get out / apologize to everyone you let down.”

Journalist Ryan Grim, commenting on Platner’s video, noted that Platner “strongly suggests he is considering dropping out. Already Troy Jackson and Chellie Pingree, both gubernatorial candidates, are being kicked around in Maine circles as potential replacements.”

Several others, including Puck News’ Peter Hamby, predicted Platner will be dropping out.

Platner had postponed several campaign events before the Politico story was published.

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Trump Sparks Fury Online After Posting Unblurred Video of Muslim Kindergartners in Hijabs

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President Donald Trump is facing backlash after posting a video of children — including showing their unblurred faces — graduating from kindergarten, with some of the girls purportedly wearing hijabs.

“President Trump posted a captionless video of graduating kindergarteners on Truth Social on Monday, goading his supporters into verbally attacking little children simply for being Muslim,” The New Republic reported. “The clip is from Gateway STEM Academy, a majority-Black K-8 public charter school in St. Paul, Minnesota. It shows about 21 children in caps and gowns on stage singing a song together. Most of the girls are wearing hijabs.”

The original post of the video which Trump reposted reads: “Public school in St. Paul, Minnesota. Every girl is in a hijab … in kindergarten.”

Trump did not add any comments. TNR called the post “Islamophobic, weird, and creepy,” while noting that the comments section of Trump’s post was filled with calls “by racist, xenophobic MAGA supporters” to “deport the children and ban hijabs.”

TNR also noted that it “should come as no surprise that Trump isn’t above attacking children who just learned how to read, but this post is still particularly discomforting—and will certainly contribute to the already potent level of anti-Muslim sentiment in the U.S. and in Minnesota.”

Critics blasted Trump.

“There is something deeply unsettling about the president of the United States—the most powerful person in the world—going after kindergarten schoolchildren in Minnesota because they wore hijabs, as Trump has done this morning on his website,” The Bulwark’s Sam Stein wrote.

One social media commentator wrote, “Trump posted an unblurred video of more than a dozen Muslim kindergartners to Truth Social, exposing the children’s faces while targeting them for their religion.”

Another added, “Trump is a bigot. The president took to Truth Social to attack kindergarteners in hijabs. These are little kids. The president isn’t just a bigot, he’s also a coward.”

The original video was posted to the X social media platform in June.

U.S. Rep. Nancy Mace (R-SC) at the time commented, “If you are in a public school in America, you should be speaking english.”

 

Image via Reuters 

 

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One Legal Maneuver Threatens to Undo Everything E. Jean Carroll Won

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President Donald Trump’s apparent efforts to delay releasing the $5.8 million civil judgment to E. Jean Carroll are being met with a warning by the journalist’s legal team, who suggest there could be a legal maneuver for Trump to employ to forgo paying the judgment in either of the two cases he lost.

According to The Guardian, on July 4, U.S. District Judge Lewis Kaplan ordered Trump to release the $5.8 million judgment, which is in escrow, to Carroll by this coming Tuesday — or explain why he would not do so.

Carroll’s attorneys think Trump may be trying to buy time to mount another legal strategy, telling the judge that Trump’s request for an extension “appears to be little more than yet another play for time.”

“The case is separate from Trump’s appeal of a Manhattan civil jury’s 2024 award of $83.3m to Carroll for defamation,” The Guardian explains. “But her lawyers have suggested a legal scenario in which the president might seek to conjoin the cases and further delay payment of both.”

Carroll’s attorney Roberta Kaplan (no relation to the judge) wrote, “We can only assume that defendant is seeking … to buy time so he can try to concoct some new basis to put off paying plaintiff presumably in connection with his forthcoming petition and motion for a rehearing.”

Trump’s former attorney, Justin Smith, in one of his final acts, wrote to the Supreme Court suggesting that his client would be appealing the $83.3 million civil judgment.

Smith argued that the Supreme Court “may wish to consider the petitions together,” given they involve the same parties.

The larger judgment case involves possible questions of presidential immunity, and that has Carroll’s attorneys concerned.

“A conjoined case, Carroll’s lawyers fear, could result in both judgments being wiped out,” The Guardian reports.

The president has also made clear he is no fan of Judge Kaplan, after the jurist made several rulings that “angered” Trump.

“What else can you expect from a Trump Hating, Clinton appointed judge, who went out of his way to make sure that the result was as negative as it could possible be,” Trump wrote on Truth Social in 2023, “speaking to, and in control of, a jury from an anti-Trump area which is probably the worst place in the US for me to get a fair ‘trial’.”

 

Image via Reuters

 

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