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Credit Claims For Boston Professionals: Attorney Guidance For Career Advancement – WASHINGTON – Former President Donald J. Trump said on Wednesday that when he was in the White House, his powers were so broad that he could remove almost any document with “just a thought.”
That argument — which came as he defended his decision to keep government documents at his Florida home in an interview with Fox host Sean Hannity — underscored the widening gap between the former president and his lawyer. On the contrary, until now, Mr. Trump on classification in court, as they oppose a federal investigation into the handling of government documents.
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Last week, the federal appeals court in Atlanta – with the choice of Mr. Trump to be personally responsible for reviewing the documents seized last month – undermined the defense of his efforts to justify his actions: Both said there was no evidence to support him. the claim that Mr. Trump has said everything – in writing, orally and without words – despite what the former president may have said on television.
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On Thursday, the special counsel, Judge Raymond J. Dearie, appeared to be targeting one of Mr. Trump’s other excuses — that federal agents planted some of the records when they searched his property. Mar-a-Lago. In an order issued after the high court’s ruling, Judge Dearie instructed Mr. Trump’s lawyers to notify him if there were any discrepancies between the documents stored at Mar-a-Lago. and documents held by the F.B.I. said that he had run away.
By the time Hannity’s interview aired late Wednesday, a three-judge panel of the U.S. Supreme Court had blocked portions of a lower court ruling in favor of the former president. of the 11th Circuit – which included two judges appointed by Mr Trump. The panel rejected suggestions that the 100 highly sensitive documents found at his residence and storage facility were both unreasonable and irrelevant.
The court wrote that there was “no evidence that any of these records were classified” and noted the fact that, when Mr. Trump’s lawyers appeared before Judge Dearie this week, they “did not object that they gave evidence that he had revealed one of these. these documents.”
The impeachment panel has repeatedly said that the classification issue, which Mr. Trump has repeatedly made central to the case, is a “red herring” that will not be included in his ruling even after much debate before him. even those. Even if Mr. Trump had marked the records, the judges wrote, he was still bound by federal laws, including the Presidential Records Act, which required him to turn over the documents. ‘all governments, classified or unclassified, when he left office.
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Classifying an official document does not “make it personal” or turn it into property he can keep after leaving office, the court said.
A day earlier, Judge Dearie had expressed similar doubts. He made it clear to Mr. Trump’s legal team that because the documents were clearly classified as classified, he intended to treat them as classified — unless he provided evidence to the contrary.
Research by the F.B.I. last month sparked several legal battles, including whether to release materials related to government research.Credit… Saul Martinez for The New York Times
Wednesday’s ruling was a major victory for the Justice Department, which upheld an earlier decision by Judge Aileen M. Cannon, who was appointed by Mr. Trump to the Federal Court in of the Southern District of Florida, hindered his investigation and interfered with intelligence agencies. ability to conduct personal intelligence assessments.
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On Thursday, Judge Cannon modified his order for a special review to exclude classified documents, consistent with the appeals court’s decision.
However, the order seems to have raised new questions. Judge Cannon did not issue a written opinion explaining why he took that step before Mr. Trump said whether he would appeal the case to the Supreme Court. By vacating the portion of the restraining order before the high court, it could have held another hearing on the matter. Mr Trump’s lawyer did not respond to a request for comment.
Shortly after Judge Cannon’s order was issued, Judge Dearie issued his own scheduling order for the review that would focus only on the approximately 11,000 documents that were not classified. to be classified.
Under his plan, the two sides will determine any dispute over whether the records are state or private property, with or without privilege, by October 21.
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After Judge Cannon ruled on the disputed documents, Judge Dearie said he would file an action, if Mr. Trump wanted to file one, to return the seized items. Judge Dearie also said he would not seek compensation because he is still active in hearing cases, but he would hire retired Eastern District of New York Magistrate Judge James Orenstein to assist him at a fee of $500 per hour.
Mr. Trump will still have to pay the bill, according to Judge Cannon’s earlier ruling.
It is also possible that Mr. Trump’s lawyers will appeal the case to the Supreme Court, hoping to get the court’s conservative majority to impose a broad new definition of presidential power. -national that the government says is contrary to legal rules and regulations. But lawyers may also pursue a narrower strategy, seeking to delay the investigation in hopes of shielding Mr. Trump from legal liability, rather than trying to allow the constitution to stand still.
Lawyer for Mr. Trump, from left, Lindsey Halligan, Christopher Kise and James Trusty, arrived to meet with the special owner assigned to view the seized equipment. Credit… Sarah Yenesel/EPA, via Shutterstock
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During questioning before Judge Dearie, Mr. Trump’s attorneys offered a glimpse of what the declassification game might be about. It appears to be a strategy employed by the former president’s legal team if the legality of the Mar-a-Lago research is challenged by a motion to suppress or file a writ — known as motion 41 — to get some of the confiscated equipment back from the Department of Justice.
James Trusty, one of the lawyers of Mr. Trump, hinted at what he and his co-conspirators planned, told Judge Dearie that they might give evidence at a time when Mr. Trump the document. But to do this, said Mr. Trusty, the legal team needs to look at the classified materials first.
While Judge Dearie welcomed the idea that Mr. Trump’s lawyers might one day prove their claims, he seemed less than happy to hear them argue instead of providing evidence.
The idea of a magical process by which a president can exercise power and absolve himself of legal responsibility holds a deep appeal for Mr. Trump, people close to him say. And while many legal experts have rejected such a broad definition of presidential power, many of the former president’s key allies — including former White House aide first Kash Patel; journalist John Solomon; and Tom Fitton, who runs Judicial Watch, a conservative legal group – urged him to take up that protection.
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Mr. Trump’s legal team has only hinted at the possibility of the documents being exculpatory, without taking a firm position in court, where making false statements could have professional consequences.
In a letter to the Department of Justice in May, Mr. Trump’s legal team put forward the ridiculous argument that Mr. Trump might have noted the whole thing — if he hadn’t. but did it. At the time, Mr. Trump had just received a grand jury subpoena for any sensitive records left at Mar-a-Lago, and the letter asserted that he could not be charged under a law that criminalizes withholding information. Mr. Trump is classified.
Despite this, there were indications that the debate on classification, even in the mind of the former president, was limited to his lawyers.
No credible evidence has emerged to support Mr Trump’s claim, but even if it is found to be true, legal experts say it will not get him out of legal trouble.
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When the Justice Department later obtained a search warrant for Mar-a-Lago, it cited three other statutes that prosecutors did not need to prove were classified as an element of the offense as grounds for investigation. a document. These include the Espionage and Interdiction Acts.
The F.B.I. went down to former President Donald J. Trump’s Mar-a-Lago home in Palm Beach, Fla., and retrieved government documents, some of which are classified.Credit… Saul Martinez for The New York Times
Mr. Trump has continued to insist publicly that he disclosed everything the government seized from his residence.
But if the former president is serious about using this claim as the cornerstone of his defense, he will have to take the risk of eventually backing up those claims in court — under oath.
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Mr. Trump’s lawyers could also submit a sworn statement, though it’s not clear if they are willing to do so; Federal investigators are now investigating whether members of his legal team falsely certified that they had previously returned sensitive materials to the government.
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