Drudge Retort: The Other Side of the News
Wednesday, September 21, 2022

Judge Raymond Dearie pushed Trump's lawyers repeatedly for not backing up the former president's claim that he declassified the highly sensitive national security-related records discovered in his residence.



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There is little more amusing in life than watching bad people get hoisted by their own petard.

#1 | Posted by Tor at 2022-09-20 05:24 PM | Reply


Dearie to Trump: you are the plaintiff, you have the burden of proof, you have set forth no evidence that the docs are not classified, whereas the govt has set out proof they are. So unless you overcome that proof, you are not getting classified docs returned to you. Case closed.

Andrew Weissmann

#2 | Posted by tonyroma at 2022-09-20 10:02 PM | Reply | Newsworthy 1

Special master to Trump's lawyers: You can't have your cake and eat it'

He's having to talk to them like children... my apologies to children everywhere for the comparison.

#3 | Posted by Corky at 2022-09-21 01:07 AM | Reply | Newsworthy 3

SM: The DOJ has stated the documents are classified, the papers are marked classified, the folders are marked classified. It is the plaintiffs burden to prove they were declassified.

Dotard legal team: Nuh-uh. We don't have to.

SM: If you don't prove they were declassified, you can't have them as they are classified.

DLT: We don't want to as it might implicate our client is guilty.


Everything fat donnie fail touches...dies.

#4 | Posted by Nixon at 2022-09-21 09:15 AM | Reply

"Everything fat donnie fail touches...dies"

It doesn't die, it just rots and remains in a state of being rotten-- like a zombie.

I could huff a gasoline-soaked rag in a plastic baggie or I could join the MAGAt cult. Either way, instantaneous brain damage and intellectual rot will inevitably occur.

#5 | Posted by NerfHerder at 2022-09-21 09:43 AM | Reply | Newsworthy 1

I really don't think Trump's lawyers expected any other outcome. They weren't even minimally prepared. I think they want it to go back to Judge Cannon for another one of her very inventive legal (cough, cough) rulings.

Trump wants to chase this case all the way to the U.S. Supreme Court. It's his last, best and only hope for exoneration.

The question is: Would they dare?

#6 | Posted by Twinpac at 2022-09-21 10:42 AM | Reply

Classified or not they are stolen property. Mishandling classified defense information is a separate crime.

#7 | Posted by TenMile at 2022-09-21 11:33 AM | Reply | Newsworthy 5

Orange Jesus is getting nailed to the cross. No, it's not the Rapture.

#8 | Posted by Jaspar at 2022-09-21 12:49 PM | Reply


"Classified or not they are stolen property. "

Agreed! It appears that fact gets lost in the shuffle of court filings.

#9 | Posted by Twinpac at 2022-09-21 03:36 PM | Reply

The Search Warrant specified 3 crimes

1. Theft of government records-any document belonging to the USG-classified or not
2. Retention and mishandling of National Defense Information (Espionage)-his mishandling of NDI including Top Secret, Top Secret Compartmentalized documents
3. Obstruction-Not returning all documents MARKED as classified in response to a subpoena-meaning declassification is pointless if the documents still retained TC designation.

------- needs to walk a tightrope, he can't have declassified some of the documents and not declassified others-that would be admission of obstruction. He can't have declassified all of them because he may need some to be personal documents (i.e. not subject to the subpoena). He can't have NOT declassified them as he cannot claim personal ownership of classified documents. Likewise with Executive Privilege-his claims are mutually exclusive. He cannot claim EP on personal documents, and he cannot claim personal documents on EP material. He also (likely) does not want the documents to be declassified (unless he can control access to them) because that would allow FOIA requests to get them-which could embarrass or open him to criminal liability-ex. if he has classified documents related to 1/6 or quid pro quo pardons or the emoluments clause corruption. So, he needs the documents to be personal documents which no one can control, but they can't be personal documents if they were classified or are classified-so they have to be Presidential Records that the DoJ cannot access-but he can't allow that decision to be made because then the records go to the archives where the DoJ can get them (unless they are protected by EP). that EP of Presidential Records is the sticking point from a holding him accountable standpoint.

EP is a prerogative not a law. EP stands with the current President. EP as it applies to former presidents is, less adjudicated. Which unfortunately gives the SC an opening to let ------- off, BUT, even this SC may be leery about allowing former presidents the ability to dictate national security through EP claims. Imagine if they find the DoJ (an executive branch group) cannot access Executive Branch records (presidential records) and something nasty happens as a result of -------'s handling of the documents.

Of course, ------- tends to never be held accountable.

this whole process is a fountain of education on civics and the judicial system and let's just say that Cannon is taking a cannon on the courts and if the 11th or the SC don't stop her the rule of law is essentially dead.

#10 | Posted by truthhurts at 2022-09-21 03:54 PM | Reply

Looks like the 11th circuit has given the answer to the classified documents issue - and left no doubt that Trump does not have authorized access to these documents, nor does he have any right or reason to have them, or to even speak about what's in them. Of the three judges that threw that smackdown on the Trump lawyers two were appointed by Trump.

What a bad week this has been for Trump and his 3 crooked children.

#11 | Posted by YAV at 2022-09-21 09:19 PM | Reply

"Of the three judges that threw that smackdown on the Trump lawyers two were appointed by Trump."

Fascists never think the other fascists will turn on them.

#12 | Posted by snoofy at 2022-09-21 09:23 PM | Reply

It's fine that Dearie isn't tolerating Trump's obfuscation attempts, but the damage done by a special master isn't his adverse inferences or decisions - it's the delay caused by the entire process in the first place. Dearie can decide 100% of issues within his purview against Trump and it will still take months and open the opportunity for more briefing about every decision he makes before Judge Cannon.

#13 | Posted by JOE at 2022-09-22 11:50 AM | Reply

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