Agreed, Garland doesn't want even the
appearance of politics, even in a case such as "Vice President Harris carjacks a minivan on CNN's live feed". Trump will be asked,
politely, to come fill out a deposition personally. Trump will refuse. Then one day, a dozen men in black suits will be between the 15th and 16th holes, so Ivana can see Trump led away in handcuffs.
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In a filing that surprised
me, at least,
Trump lawyers tell the "special master" that Trump made the stolen items his own personal property by just taking them when he left.
So, basically, now that we have proof Trump directed the packing
personally, they're left with "Okay fine he did it, but it was legal". Simply by virtue of taking them with him, the in-court filing claims, Trump made them personal and not WH property.
I believe I have the DOJ counter-argument here...
Okay okay I have the
real response here.
Trump's lawyers are claiming that Trump didn't need to declare anything, anything. He could just do whatever he wanted, and the law would make what he did legal.
That's not how the law works. Like, very specifically, this law, and the declassification thing that still hasn't come up...has it? Did I miss when Trump said, under oath, that he declassified anything? Or is it the same "I don't have to prove it" garbage?
The DOJ also used the term "shell game" exact words, to describe what Trump is doing. First, they're trying to argue that Trump didn't steal because it was his own personal property, in a way that fits the facts -- namely, that no evidence of Trump doing anything
other than stealing exists. When that fails, they'll claim Executive Privilege. This could explain why the DOJ wants Trump to sign off on the evidence list. Maybe. Not sure, to be honest.
"I didn't know I had them." Ah, is Trump really going to try the "It's not mine, officer, I'm holding it for a friend", a doobie-ous attempt at best?
Now like I said, this filing surprised me. Yes, I know what's left of Trump's lawyers who haven't been arrested or disbarred are throwing every handful of feces Trump gives them at the courthouse walls and seeing what sticks. Maybe they would have gotten to this eventually.
But, and please @
cubby correct me if I'm wrong, but...isn't this filing, under oath, Trump's admission he took them? Like, admission of guilt, literally? I mean, say what you want about "the FBI planted them", it's bullshit and you should get held in contempt for that shit, but at least it's not admission Trump stole directly from the WH.
In any event, even for a team as desperate as they are, I just don't see the benefit here. "It was legal for Trump to take them" is an affirmative defense, if I'm using that correctly. As Trump signed no record to the effect of claiming the items as his own personal property (if he did, it would have been introduced into evidence by now) they're trying a defense which is based on the lack of records -- even though that's the opposite of how the laws in question work. Team Trump will need to show legal precedent that what Trump is now claiming he did is allowed, and I'm just going to say, I don't believe such exists.
I could not find Trump's court filings -- I swear I looked.
I found the DOJ's response but I cannot 100% prove from that that Trump asserted no law, no precedent, other than "It was legal because I'm Trump". But in that DOJ filing I just linked, they rebutt Trump's argument six times in three pages. Five of those six cite precedent. The last one simply says "see above" so it's basically 6-for-6 anyhow.
But I like the last two.
The fifth, the DOJ says "Trump should be required to file a declaration of affidavit regarding the government's inventory as set forth by etc etc" which is a direct reference to that other filing I mentioned earlier.
The sixth, the DOJ says that because 2800 of the 2900 items weren't called any kind of privilege, then the ban on reading those should be lifted. This is, of course, a direct referral to the "shell game". Rather than waiting for the "special master" to rule one way so they can claim the other, the DOJ is claiming Trump palmed the ball, and that there aren't any protected items at all. Enough stalling, they refused to put up, now they must shut up.
Oh, and the DOJ cite cases Nixon lost, and redacted multiple pages of inventory. These are both bad signs for Trump. Not only is bringing up Nixon bad, because Nixon's the closest we've had to this issue and Nixon lost, but redactions mean we still have classified info in play, which Trump isn't allowed to have in his unsecured basement.
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The House Oversight Committee reports that Trump, while in the WH, directly took $750,000 from foreign governments. Because they stayed at the most expensive rooms -- Trump's.
An elected official taking money directly from someone is called "bribery". Foreign nationals aren't allowed to give money to US political causes. But, hey, at least the UAE were smart enough to keep the receipt.