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Trash Talk: Not Exactly Favre-nügen

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Rayne
Notes from a golf widow on the third week of the NFL season. This is an open thread.
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John Durham Wants to Lecture EDVA Jurors about Being Played by Foreign Spies

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emptywheel
John Durham says that "it is appropriate and necessary for the FBI to consider whether information it receives via foreign nationals may be a product of Russian intelligence efforts or disinformation." Yet he himself never made that same consideration.
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Three Questions at the Start of an Intelligence Review

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Peterr
The intelligence review of of the Mar-a-Lago documents begins with three questions: Why did Trump take documents in the first place? Why these documents? Why not those?
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Just Following Orders: Raymond Dearie's Strict Compliance with Aileen Cannon's Orders

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emptywheel
By strictly following Aileen Cannon's order, Special Master Raymond Dearie may well make Trump's attempt to dodge the law more difficult.
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Cause the Harm, and Then Say Nothing: Trump Has Had Aileen Cannon's Proof of His Injury for a Week and Said Nothing

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emptywheel
Trump has had the documents that Aileen Cannon used to claim he was harmed by the government seizure for a week, with no protective order prohibiting him from speaking about them. And he has been silent.
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Granting Stay, 11th Circuit Scolds Aileen Cannon for Ignoring Executive Assertions on National Security

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emptywheel
In rebuking Aileen Cannon for her injunction on DOJ's investigation into the classified files Trump stole, the 11th Circuit reminded her that courts grant the [current] Executive great deference on matters pertaining to classification and national security.
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DOJ Raises Prospect that Trump Continues to Obstruct Investigation, Including of Empty Folders

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emptywheel
With each new filing, the government gets closer to suggesting they need to execute additional search warrants to find the contents of the empty folders found at Trump's beach resort.
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Trump Sweeps Evidence of Obstruction under the Appellate Rug

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emptywheel
Trump's response to the government's motion for a stay of some of Judge Cannon's order ignores (or misrepresents) a bunch of factual issues. But it also makes an appellate claim DOJ did not address.
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Don't Analyze Trump Legal Filings Based on the Law, Analyze Them Based on Power

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emptywheel
Seven years into the Trump phenomenon, commentators are still treating Trump and his advocates as if they care about the law or the truth. They don't. They care about sustaining a narrative of grievance that might allow him to resume power.
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Trump Wants Two Weeks to Review 64 Documents; DOJ Expects Review of 500 Documents a Day

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emptywheel
Trump's team is wailing that Raymond Dearie is going to adhere to the law during his Special Master Review.
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"The Rule of Law is not assured:" The Cascading Constitutional Crisis Judge Aileen Cannon Deliberately Created

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emptywheel
By ordering Raymon Dearie to prioritize documents marked as classified in his Special Master review, Judge Aileen Cannon hastened the moment where we'll have a series of contentious fights about the Separation of Powers.
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On the Belated Education of John Durham

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emptywheel
The education of John Durham as he has struggled to provide discovery to first Michael Sussmann and now Igor Danchenko has been painful and damaging for those charged. But along the way he's debunking many of the conspiracy theories he was hired to sustain.
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Only Eric Herschmann (and Maybe Christina Bobb) Learned the Steve Bannon Lesson

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emptywheel
Even after Evan Corcoran's legal advice about Executive Privilege led Steve Bannon to be found guilty for contempt, he continued to try to push others, including Eric Herschmann, to follow the same advice.
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In Motion for a Stay, DOJ Raises Prospect that Trump Leaked Classified Documents

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emptywheel
In its motion for a stay before the 11th Circuit, the government hinted that the investigation into Trump's document theft has expanded to consider whether and to whom he leaked these documents.
[Photo: National Security Agency, Ft. Meade, MD via Wikimedia]
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Trust: In Bid for Stay, DOJ Likened Trump to Catastrophic Intelligence Compromise

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emptywheel
In a footnote of their motion for a stay, DOJ analogized Trump to Nghia Pho, who by bringing files home from work is believed to have contributed to two global malware attacks.
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That Other Bitter Jan6er about to Start Trial for Bringing Classified Documents Home from Work

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emptywheel
The trial for a different embittered former government employee who allegedly brought classified documents to his home in Florida, Oath Keeper Jeremy Brown, is due to start in October. It provides a glimpse at the kinds of issues that come up in Espionage Act prosecutions.
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Aileen Cannon's Special Master Is Designed to Preempt Decisions Reserved for a Jury

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emptywheel
A number of details about Judge Aileen Cannon's plans for a Special Master provide ways to pre-empt decisions a jury in a Trump trial would make.
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Judge Aileen Cannon Deems Grand Jury Subpoenas Toilet Paper

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emptywheel
Judge Cannon makes no mention of the specific crimes under investigation in her order denying a stay of her Special Master order. That's telling, because the documents marked as classified at issue are either evidence of a violation of the Espionage Act or evidence of obstruction.

Judicial Tyranny And The Atomized Society

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Ed Walker
Courts don't protect democracy. They protect a status quo that favors the filthy rich.