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‘Insultingly Stupid’: Trump’s Move to Toss Out Classified Docs Case Torn Apart by Experts

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Lawyers for Donald Trump late Thursday night launched a multi-pronged effort to toss out of court Special Counsel Jack Smith’s prosecution of the ex-president in the classified documents case, which includes charges under the Espionage Act. Many legal experts were stunned, not only by the move, but by the shallowness of the arguments.

The motions will be decided by U.S. District Judge Aileen Cannon, appointed by then-President Donald Trump during his last year in office.

“Mr. Trump’s lawyers made a barrage of legal arguments in seeking to circumvent a criminal case that many legal experts consider the most ironclad of the four against him,” The New York Times reported just past midnight, observing that some of the claims presented by attorneys for the indicted ex-president “tested the bounds of credulity or clashed with prior court rulings.”

“They attacked the law he is accused of violating, questioned the legality of the special counsel prosecuting him and argued that he is shielded from prosecution by presidential immunity,” the Times reported, adding that many of the arguments “appeared designed to delay the case from moving toward trial, a strategy that Mr. Trump has pursued in all of the criminal proceedings he is facing.”

READ MORE: ‘Reached His Limits’: Engoron ‘Brings the Hammer Down’ on Trump Attorney

Politico late Friday morning added the seven different motions filed were “a grab bag of arguments that the charges are legally faulty, that prosecutors have targeted him for political reasons and that the special counsel spearheading the case had no legal authority to bring it.”

Nearly two weeks ago Trump, citing his claim of “presidential immunity,” asked the U.S. Supreme Court to delay proceedings in Special Counsel Smith’s other court case against him, the election interference trial. The Court agreed to take up the case but has not released its decision.

Now, citing the same or similar arguments, Trump is plowing forward.

“Trump claims that he designated the classified materials ‘personal’ and he took his ‘personal records’ to Mar-a-Lago with him,” MSNBC legal contributor Katie Phang reported Thursday night.

Phang points to this section, the opening of Trump’s motion:

“President Donald J. Trump respectfully submits this motion seeking dismissal of Counts 1 through 32 on the basis of presidential immunity, as these charges stem directly from official acts by President Trump while in office,” it reads. “Specifically, President Trump is immune from prosecution on Counts 1 through 32 because the charges turn on his alleged decision to designate records as personal under the Presidential Records Act (‘PRA’) and to cause the records to be moved from the White House to Mar-a-Lago. As alleged in the Superseding Indictment, President Trump made this decision while he was still in office. The alleged decision was an official act, and as such is subject to presidential immunity.”

READ MORE: ‘Handmaid’s Tale’: Biden Campaign Blasts Trump Christian Nationalism Plans

After the FBI executed a legal search warrant of Trump’s Mar-a-Lago residence and resort in 2022, agents retrieved “11 sets of classified documents, including some marked as top secret and meant to be only available in special government facilities,” The Wall Street Journal reported at the time.

The federal government, in total, has recovered from Trump “more than 300 classified documents” with classified markings, totaling over 700 pages, The New York Times reported in August of 2022.

“Material about nuclear weapons is especially sensitive and usually restricted to a small number of government officials, experts said,” The Washington Post also reported at the time. “Publicizing details about U.S. weapons could provide an intelligence road map to adversaries seeking to build ways of countering those systems. And other countries might view exposing their nuclear secrets as a threat, experts said.”

Back in October, NBC News reported, Trump “allegedly shared sensitive information about U.S. nuclear submarines with an Australian billionaire who is a member of his Mar-a-Lago club.”

Meanwhile, legal experts were stunned by Trump’s attorneys’ overnight motion to toss the case.

“This motion is insultingly stupid,” wrote national security attorney Brad Moss. “Trump is arguing he designated all these highly classified records as PERSONAL records, and that he therefore had the right to keep them. Even if that was a plausible argument, this is a motion to dismiss: he can’t introduce news facts.”

Former U.S. Ambassador and former Obama “Ethics Czar” Norm Eisen, an attorney and CNN legal analyst, Thursday night wrote, “I just finished reading Trump’s absolute immunity motion in the MAL [Mar-a-Lago] docs case.”

“If this were allowed, POTUS could declassify all of our most sensitive secrets when leaving office & sell them to Putin 5 minutes later,” he noted, adding: “As bad as Seal Team 6 hypo[thesis] in 1/6 case.”

In a more in-depth examination, Moss explained, “If Trump’s immunity arguments in the DC and FL cases actually succeed, Joe Biden can do the following: 1) declare Trump a threat to election integrity and have him imprisoned immediately, at a minimum, 2) declare the entire Trump Org a threat to national security and seize all of its assets.”

He continues: “3) cancel the election, 4) if, by some chance, he is forced out of office, he can walk out of the White House with 15 moving vans full of every classified secret he wants and sell them to the highest bidder. And no one could do anything to prosecute him for any of it. He can pardon anyone he wants while in office and who helped him commit any illegal act he could think of to do #1-#3, and he can then claim immunity for himself if he is later indicted.”

READ MORE: MAGA Is a ‘Russian Intel Op’: Experts Respond to Allegation GOP Using Kremlin Propaganda

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‘New MAGA Slush Fund’ Could Hand Trump Coalition ‘Cut of the Spoils’: Columnist

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President Donald Trump reportedly may drop his $10 billion lawsuit against the IRS in a settlement handing him control of a $1.7 billion “MAGA slush fund” to compensate victims of government abuse, according to The New Republic‘s Greg Sargent, who calls it a “Shakedown.”

Citing an ABC News report, Sargent explains that the proposed settlement “would create a ‘commission’ with ‘total authority’ to settle ‘claims’ brought by those who allege such weaponization. Per ABC, this not only includes the insurrectionists; it could even settle purported claims by ‘entities associated with President Trump himself.’ By all indications it would operate with little-to-no congressional oversight.”

U.S. Rep. Jamie Raskin (D-MD) told Sargent it is “a shocking new betrayal of the Constitution.”

This “new MAGA slush fund,” Sargent says, would come from an existing Justice Department fund that has strict controls, including transparency requirements. But “Trump would wield quasi-direct control” over the $1.7 billion, including being able to fire commission members “without cause,” and “it wouldn’t be required to disclose its decision-making involving who gets awarded compensation.”

Raskin told Sargent, the “Judgment Fund exists to settle valid judgments against the United States government.”

Raskin said that Trump and his allies are “trying to take money from the Judgment Fund while eliminating any controls and oversight” and put it under Trump’s “direct unilateral control.”

Because Congress did not set up any fund like this it could be unconstitutional.

“Congress never would have passed a $1.7 billion slush fund for his friends—this is completely outside of our constitutional framework,” Raskin said. He called it “an outrageous desecration of congressional power of the purse.”

Raskin also noted that the Constitution’s 14th Amendment prohibits government from assuming any “obligation incurred in aid of insurrection or rebellion against the United States.”

So if Trump wants to use the $1.7 billion to compensate the January 6 rioters, he will be “using federal taxpayer dollars to compensate people who participated in insurrection,” according to Raskin.

Trump and his lawyers “are figuring out a way to refund the January 6 militia, presumably to get them ready for the next round of battle,” Raskin said.

“So at bottom,” Sargent concludes, “payments from this fund might ultimately serve as a form of coalition management: They’ll keep large swaths of his coalition persuaded that a win for Trump, no matter how illicit or ill-gotten, is a win for them. That his corruption isn’t just in his own interests, but in theirs, too. Because, after all, they’re getting a cut of the spoils.”

 

Image via Shutterstock

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CNN Analyst Stunned Bottom Has ‘Completely Fallen Out’ For Trump

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CNN analyst Harry Enten is stunned at how far President Donald Trump’s approval rating has fallen, especially among Latino voters.

“The bottom has completely fallen out when it comes to Donald Trump and Latino voters,” Enten said on Friday.

“What a different world,” he exclaimed. “Oy vey, if I’m the president of the United States, because just take a look here.”

Trump won a “record share” of Latino voters for a “Republican presidential nominee, 46 percent of the vote,” Enten said, “going all the way back since we had the advent of exit polls back in 1972.”

Trump’s job approval rating, in an average of CNN polls, is 28 percent — “an 18 point drop,” Enten explained.

Latino voters from 2024 “have abandoned him with the utmost, just, dislike of what he is doing so far — just 28 percent, a drop of 18 points.”

And with Latino men, Enten said, “Oh, my goodness gracious.”

Trump is at -41 points, a “movement of 51 points, a shift away from the president of the United States.”

“Again, the bottom has just completely fallen out, and, of course, when you look across that political map, there are so many races that will be involving a lot of Latino voters, and when you see numbers like this, I just go, ‘Uh oh,’ if I am a Republican running for Congress,” he said.

Enten also said that one of the reasons Trump had “record performance with Latinos back in 2024, was because the issue of the economy. They trusted Donald Trump by a three-point margin against Kamala Harris.”

But his net approval on the economy now? “Minus 46 points.”

“No wonder the bottom has fallen out with Latino voters and Latino men in particular,” he added.

 

Image via Reuters 

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Alito Refuses to Recuse From Supreme Court Case Despite Stock Ownership in Industry

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Supreme Court Justice Samuel Alito is refusing to recuse himself from a major climate case despite owning stock in several energy companies, although none in the two that are parties in the lawsuit the court will hear next term.

Citing his energy stock ownership, liberal groups have been calling for the conservative justice to recuse, and they have asked the Senate Judiciary Committee to investigate Alito’s involvement, NBC News reports. But the Supreme Court says Alito is not obligated to do so.

“Justice Alito does not have a financial interest in any party” involved in the case, a court spokesperson told NBC News in a statement. The court’s legal counsel advised that “his recusal is not required.”

ExxonMobil and Suncor Energy are fighting to have dismissed a lawsuit involving damages for climate harms, NBC News reports.

Justices are not required to recuse unless they have a direct conflict, such as specific stock ownership, a personal relationship, or a history with the case prior to their appointment to the Supreme Court.

In their letter, the liberal groups say that justices should recuse if their “impartiality might reasonably be questioned” by an “unbiased and reasonable person who is aware of all relevant circumstances.”

The liberal groups also say they have “deep concerns” about Alito’s “inconsistent history of recusals from cases from which he should be compelled to recuse under long-standing federal law.” They cite “his substantial holdings in individual oil and gas companies and other personal ties.”

They point to what they call Alito’s “irregular recusal practice in oil and gas industry-related cases,” saying that it is “undermining public confidence in the impartiality of the Court.”

NBC notes that “in 2023, Alito did recuse himself when the court turned away an appeal from the companies in the Colorado case.” That same day, “the court rejected appeals in similar cases involving other companies, including ConocoPhillips and Phillips 66. Alito also did not participate in those cases.”

But the court’s spokesperson said that Alito was “inadvertently recused” from the Colorado case.

 

Image via Reuters 

 

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