Last week, the DOJ asked Cannon to overturn its decision to ban the FBI and DOJ prosecutors from using material taken from Trump’s home until the special master — a third party appointed to oversee evidence — had vetted. She argued that the ban posed an unacceptable threat to national security. Most immediately, the Trump team faces a 10 a.m. Monday deadline to respond to the Justice Department’s request that Cannon suspend portions of her special master order while the appeal continues.
More legal files could bring the investigation closer to the 2024 presidential campaign — a sensitive political issue as Trump gives every sign he intends to run for office and has claimed the drama is a politically motivated attempt to dissuade him from running for office. second White House win term.
Trump has the right to fight for a special master, even though many legal experts argue that it is clear that the information he had belongs to the government and not his. But the former president also has a long track record in his political and business career exhausting the appeals system to the full extent of the justice system, often delaying a moment when he could be held accountable. His latest scandals and some of Cannon’s own writings in the case have led to criticism that he is receiving special treatment.
“I really think like any American, that evidence should be pursued,” Clinton, who defeated Trump in 2016, told DailyExpertNews’s Dana Bash on “State of the Union” on Sunday.
In Cannon’s injunction last Monday, she had said that although prosecutors were not allowed to use material taken from Trump’s resort until they were reviewed by the special captain for legal and executive privileges, an intelligence agency investigation into possible damage to national security could be continued. However, the DOJ argued that this was impractical.
In the filing late Thursday, which amounted to an extensive criticism of Cannon’s reasoning, the department argued that it and the FBI’s work on the criminal investigation could not be separated from the parallel investigation by the intelligence community. Essentially, they argued that the FBI and DOJ are an integral part of the intelligence community. And they warned that the loss of the ability to investigate whether critical intelligence had been compromised by Trump could cause serious damage.
“The government and the public are irreparably injured when a criminal investigation into matters posing risks to national security is imposed,” the ministry said when announcing the appeal. And it has also announced that the DOJ will seek the intervention of the 11th Circuit Court of Appeals if Cannon does not grant his request to suspend parts of her ruling by Sept. 15.
Senate Intelligence Committee expects briefing
Democratic Senator Mark Warner, the chairman of the Senate Select Committee on Intelligence, said on DailyExpertNews’s “State of the Union” on Sunday that key congressional leaders had still not been informed about potential intelligence vulnerabilities in Mar-a-Lago due to the struggle over the special master going on in Cannon’s court.
“We have not been informed. We do expect to be informed,” the Virginia Democrat told Bash. “I think we’ll get clarity on that in a few days, and we expect to get that briefing,” he added.
But the latest legal bickering between Trump’s team and the DOJ is, to some extent, obscuring the core question on the case: why did Trump keep classified documents, some of which bore the mark of the administration’s best-kept secrets in apparently unsecured conditions in a private residence. ?
The mystery became even more acute when the Washington Post reported last week that the documents the FBI had taken from Mar-a-Lago contained details of a foreign power’s nuclear program. The way Trump kept such documents, whether in a storage room or in his office of personal memorabilia, according to unsealed court records, could be very invasive. In some circumstances, even the possibility that classified information has been compromised could cause intelligence agencies to suspend operations abroad to protect resources and methods or even foreign assets that may need to be rendered inactive or removed from vulnerable positions.
A deadline on Monday morning
Cannon gave Trump’s legal team until 10 a.m. Monday to file a formal response to the DOJ’s request to suspend portions of its special master order.
“The application of the ban on classified information would thus frustrate the government’s ability to conduct an effective national security risk assessment and classification evaluation and could prevent the government from taking necessary corrective action in light of of that review — at the risk of irreparable harm to our national security and intelligence interests,” the DOJ wrote in its request for a deferral.
The department also argued that the warrant prevented the FBI from identifying additional classified records that were not properly stored at Mar-a-Lago and pointed to empty folders marked with “classified” banners found during the FBI’s search for the Trump’s home.
“The FBI would be primarily responsible for investigating what materials were ever stored in these folders and whether they may have been lost or compromised — steps that, again, could involve the use of grand jury subpoenas, search warrants and other criminal investigative tools and lead to evidence that would also be highly relevant to advancing the criminal investigation,” the DOJ said in its filing with the judge.
The department’s argument implicitly makes it clear to the judge that classified documents themselves belong to the US government and not the former president. Some of Trump’s allies have suggested that he previously released all documents found at Mar-a-Lago. But there is no evidence that this ever happened. In fact, 18 former top Trump administration officials told DailyExpertNews that they have never heard of such an order issued during their time for Trump, and that they believe the claim is false.
And even if Trump had released material, US law states that presidential documents do not belong to the person who sat in the Oval Office, but must be sent to the National Archives when a presidency expires.
Trump has not been charged with any crime. But the unsealed FBI search warrant of his home revealed the investigation is linked to at least three possible violations of the law, including the Espionage Act, obstruction of justice and criminal handling of government records.
Clinton lashes out at Trump
The extraordinary spectacle of a former president’s home being searched by the FBI — after lengthy efforts by the government to recover classified and other material — has raised the question of whether Trump can face criminal charges. This is not the only investigation involving the former president. The Department of Justice also has a separate investigation into the events leading up to and surrounding the Capitol uprising. And another investigation is underway in Georgia into Trump and his team’s alleged attempts to negate President Joe Biden’s victory in a critical record.
The possibility of Trump’s possible criminal liability was raised Sunday by Clinton, who Trump often said should be incarcerated after some classified material was found on her private email server dating emails sent to her by staff. sent when she was Secretary of State.
The FBI said in 2016 that of the 30,000 emails Clinton provided to the State Department from her server, 110 contained classified information at the time they were sent or received. Then-FBI Director James Comey criticized Clinton for carelessness, but concluded that no reasonable accuser would bring a case against her based on evidence found and applicable laws.
While Trump’s supporters have argued that he should receive the same treatment as Clinton, things don’t seem directly analogous.
“He’s not the president and we have some special exceptions for someone who is actually in office,” Clinton said of “State of the Union,” referring to the former president. “So I think, like any American, if there is evidence, that evidence should be pursued,” Clinton said.
“I know it’s not an easy decision. And so I don’t want to put my opinion into that difficult calculation. Because I don’t know all the facts. And unlike people who jump to conclusions, I don’t want to do that,” Clinton said.
“But if the evidence shows or seems to show that there are allegations that need to be leveled, then I think the rule of law should apply to everyone.”