Reply to thread

Message: <blockquote data-quote="728ups" data-source="post: 5413649" data-attributes="member: 33372">I believe that will be discussed again in the future,but the 11th Circuit Appeals court ruled thats a "red Herring" .This has been discussed many many times before,try and keep up:The appeals court pointed out that the record in court “contains no evidence that any of these records were declassified.”The court highlighted the lack evidence showing the documents being declassified, even as the court had determined that whether the materials had been declassified was irrelevant to the department’s bid to revive its investigation.Key to the dispute before the appeals court was whether the materials were possessions of Trump’s that had a level of personal significance that would justify keeping them out of the Justice Department’s hands.The arguments Trump was making about why those materials should be withheld from investigators were so far-fetched, that few court observers were surprised that his claims ran into a buzzsaw at the appeals court.The 11th Circuit was “responsive to both the framing of the issue and the issue itself,” said Steve Vladeck, a CNN legal analyst and a professor at the University of Texas School of Law. The court was saying, “This isn’t the right way to think about it, but if it were, Trump would still lose.”“For our part, we cannot discern why Plaintiff would have an individual interest in or need for any of the one hundred documents with classification markings,” the appeals court said.<a href="https://www.cnn.com/2022/09/22/politics/mar-a-lago-special-master-trump-fbi-planting-evidence/index.html" target="_blank">Mar-a-Lago special master orders Trump team to back up any claims of FBI 'planting' evidence</a>The appeals court opinion included an explanation of what the classification markers signal, citing an executive order that establishes that classified documents are “owned by, produced by or for, or … under the control of the United States Government.”Declassifying those documents would not change their content or render it personal, the appeals court said.“So even if we assumed that Plaintiff did declassify some or all of the documents, that would not explain why he has a personal interest in them,” the 11th Circuit wrote.“What they’re saying here is that Trump’s claim to the return of the documents turns on whether or not the documents are personal to him – his medical records for example, if they had been seized, or maybe attorney client-privilege,” Paul Rosenzweig, a national security law expert, said Thursday on CNN’s “At This Hour with Kate Bouldan.”“But classified information by its nature – even if it is declassified – still remains government information and not personal to the president of the United States. And he can’t convert that, even in his own mind, just by saying so,” said Rosenzweig, who is a former prosecutor and also worked at the US Department of Homeland Security.The 11th Circuit was able to act quickly to resolve the dispute because the Justice Department turned to the appeals court with a very narrow and clear-cut request, according to Brandon Van Grack, a former attorney in the national security division at the Justice Department.“The singular issue was if there was any reason that DOJ cannot possess and use these documents marked as classified,” Van Grack said. “Legally it was so clear that there cannot and should not be that restriction”<h2>The 11th Circuit dismantles the declassification argum</h2>[URL unfurl="true"]https://www.cnn.com/2022/09/22/politics/trump-declassification-11th-circuit-opinion/index.html[/URL]</blockquote>

Verification