Register a SA Forums Account here!
JOINING THE SA FORUMS WILL REMOVE THIS BIG AD, THE ANNOYING UNDERLINED ADS, AND STUPID INTERSTITIAL ADS!!!

You can: log in, read the tech support FAQ, or request your lost password. This dumb message (and those ads) will appear on every screen until you register! Get rid of this crap by registering your own SA Forums Account and joining roughly 150,000 Goons, for the one-time price of $9.95! We charge money because it costs us money per month for bills, and since we don't believe in showing ads to our users, we try to make the money back through forum registrations.
 
  • Post
  • Reply
Tiny Timbs
Sep 6, 2008

Angry_Ed posted:

The one constant about Republicans and their allies: they don't want to do work. They would rather hand it off to someone else (projection again of course) and then whinge when they don't get the results they imagined

Bad leaders imagine that leadership is a hands-off process where you hire someone to do a thing and report back without any engagement on your part. It's the same for politics as it is in the military, the corporate environment, etc. This is normally something that requires a lot of training to address so I'm not exactly shocked that those in elected positions are prone to taking the laissez-faire approach.

Adbot
ADBOT LOVES YOU

Gort
Aug 18, 2003

Good day what ho cup of tea
I guess the theory is that if you hand off all the work to someone else then Trump's supporters will go after that person instead of you

idiotsavant
Jun 4, 2000
I mean, not doing the work is possibly part of it but I think most of the Trumpists involved are mainly just desperately trying to cover their own asses as hard as they can

Jaxyon
Mar 7, 2016
I’m just saying I would like to see a man beat a woman in a cage. Just to be sure.

Angry_Ed posted:

The one constant about Republicans and their allies: they don't want to do work. They would rather hand it off to someone else (projection again of course) and then whinge when they don't get the results they imagined. Shirking responsibility so they can yell at someone for not going along with the masquerade.

This is true of nearly everyone in any position of power these days.

I see it in republicans, I see it in democrats, I see it in business leadership at all levels.

Nobody wants to do anything at all. They want to criticize and any part of the actual job that they would be responsible becomes someone else's problem.

Piell
Sep 3, 2006

Grey Worm's Ken doll-like groin throbbed with the anticipatory pleasure that only a slightly warm and moist piece of lemoncake could offer


Young Orc
Hearing with the special master didn't seem to go well for Trump
https://twitter.com/Jose_Pagliery/status/1572297392279404564

Piell fucked around with this message at 20:31 on Sep 20, 2022

Meatball
Mar 2, 2003

That's a Spicy Meatball

Pillbug

Piell posted:

Hearing with the special master didn't seem to go well for Trump
https://twitter.com/Jose_Pagliery/status/1572297392279404564

Trumps going to attack the special master he wanted by lunchtime tomorrow. Is he going to be corrupt? A democrat? Corrupted by the deep state? All of them?

crime fighting hog
Jun 29, 2006

I only pray, Heaven knows when to lift you out

Meatball posted:

Trumps going to attack the special master he wanted by lunchtime tomorrow. Is he going to be corrupt? A democrat? Corrupted by the deep state? All of them?

The Clintons got to him!

MrMojok
Jan 28, 2011

Meatball posted:

Trumps going to attack the special master he wanted by lunchtime tomorrow. Is he going to be corrupt? A democrat? Corrupted by the deep state? All of them?

He most certainly will. I wouldn't even be surprised by another veiled threat of violence, like a "Truth" saying "The people of the United States won't stand for another hoax investigation of your Favorite President (me!) You'll have problems in this Country like nobody's ever seen before."

That's how bad things are for him right now. He may also go back to Cannon and ask her to dismiss the Special Master he worked so hard to get appointed.

Paracaidas
Sep 24, 2016
Consistently Tedious!

Piell posted:

Hearing with the special master didn't seem to go well for Trump
It's going swimmingly as far as his intent to delay. Even the 10/7 "deadline" folks are crowing about (e: on social media) is weeks of delay and postponement, and is simply a landmark on Dearie's journey to a conclusion.

quote:

Although Cannon ordered Dearie to finish his review by Nov. 30, court filings reveal that Dearie actually wants all records labeled and ready to review by Oct. 7.

Even the best case scenario for Justice here (Cannon getting stayed en route to being overruled ASAP) is still a rousing success for Trump's desire to postpone until his defenders have a chance to seize the House.

I mean, it's great that the Reaganite SM isn't immediately overturning law and reason to aid Trump and things could be worse, but keeping it in context is great.

mdemone
Mar 14, 2001

Most of legal Twitter (former AUSAs, etc.) seemed to think Dearie would be disastrous for Trump for exactly this reason: he's going to ask the questions Cannon didn't, and consider the issues she didn't.

Her ruling was unlawful but not as stupid as many might think. On the slim chance it's upheld by the 11th Circuit, it would have been worth the try.

PhantomOfTheCopier
Aug 13, 2008

Pikabooze!
Time is set, the 28th at 1pm (eastern presumably, until they change it). Next January 6th hearing. https://twitter.com/lukebroadwater/status/1572296976384794624

OgNar
Oct 26, 2002

They tapdance not, neither do they fart
Lets just hope that someone actually does something with all of this info.
At least it will be remembered.


That is, until GOP gets back in power and wipes it all out of every history book.
Guessing Florida and Texas will be vying to be the first one to do that.

cr0y
Mar 24, 2005





Enjoy (at your own risk)
https://patriots.win/search?params=dearie+&community=TheDonald

Judge Schnoopy
Nov 2, 2005

dont even TRY it, pal

Trump nominated Dearie and the chudge appointed him. This is admitting that Trump got beaten by the deep state, no?

mobby_6kl
Aug 9, 2009

by Fluffdaddy

Judge Schnoopy posted:

Trump nominated Dearie and the chudge appointed him. This is admitting that Trump got beaten by the deep state, no?
Wouldn't be the first time either! There were all those judges he appointed that then threw out his stupid election lawsuits. RINOs!


PhantomOfTheCopier posted:

https://www.nytimes.com/2022/09/19/us/politics/trump-herschmann-documents.html?searchResultPosition=1

Pay/regwalled, but Herschmann, sr WH advisor, told Mr Peach that he faced investigation and legal liability if he did not return presidential records.

Also Dearie set a self imposed schedule of October 7. :dance:

And just think, in another eight days there's another Jan 6 hearing. Mr Impeachment is going to be spewing fecalundity all over every online site available. (Amusing that the DeSantis thing is timed to serve as a distraction; is De S taking one for the team?)
This somehow flew under the radar when juicy SM started to come out, but this seems like pretty bad news for our big wet boy!

E: now that I think about it, the relevant charges probably don't require proving corrupt intent

mobby_6kl fucked around with this message at 00:32 on Sep 21, 2022

Clarste
Apr 15, 2013

Just how many mistakes have you suffered on the way here?

An uncountable number, to be sure.

Judge Schnoopy posted:

Trump nominated Dearie and the chudge appointed him. This is admitting that Trump got beaten by the deep state, no?

He has been beaten by the deep state at literally every turn, no one cares.

snorch
Jul 27, 2009
I read somewhere that "the deep state" is just a euphemism for "competent administrators executing the rule of law" and so far it tracks perfectly.

snorch fucked around with this message at 00:54 on Sep 21, 2022

The Lone Badger
Sep 24, 2007

So if I understood the Trump position is that he telepathically declassified the documents, except nobody is allowed to know which ones are declassified, except his Twitter followers they can know.

Paracaidas
Sep 24, 2016
Consistently Tedious!

mobby_6kl posted:

E: now that I think about it, the relevant charges probably don't require proving corrupt intent
This, from congressional research service, is a great way to familiarize yourself with the listed charges and their legal history and context (IANAL so i found it especially helpful)

In short, state of mind is a key element of all three crimes on the warrant.

18 U.S.C. § 793 (Espionage Act - in Trump's case, most likely the retention of National Defense Information from (e)):

quote:

or willfully retains [national defense information] and fails to deliver it to the officer or employee of the United States entitled to receive it
As the CRS notes, the courts have decided that the "willfully" makes up for the extremely vague definitions of National Defense Information.

18 U.S.C. § 2071 ("concealment, removal, or mutilation, generally")

quote:

To be convicted of a violation of Section 2071, one must also act with the requisite state of mind— “willfully and unlawfully.” This requirement appears stringent. According to the Ninth Circuit, the standard requires one to act “intentionally, with knowledge that he was breaching the statute.” Under this standard, belief in the lawfulness of one’s actions could negate the state-of-mind requirement.

18 U.S.C. § 1519 (Obstruction)

quote:

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

There's a case that the June trip to Mar A Lago was specifically to hamper any state of mind defenses, and as such we will only see charges for after. "An adviser told you it could be bad" is a good start for proving proof of mind but is nowhere near "Feds repeatedly made clear you had documents you shouldn't have in places you shouldn't have and you held onto them even though you told them you gave them everything".

BiggerBoat
Sep 26, 2007

Don't you tell me my business again.

Meatball posted:

Trumps going to attack the special master he wanted by lunchtime tomorrow. Is he going to be corrupt? A democrat? Corrupted by the deep state? All of them?

It's pretty wild just how many lying coffee boy washed up has been lying deep state losers there are who are lying that find themselves in Trump's inner circle even though he surrounds himself with the best most amazing people. To still be all in on trump these days you have to believe that every single solitary person other than Donald is making poo poo up and constantly lying. For some reason.

and yeah, it'll be something dumb and childish like "turns out they weren't very special at all and they were a master at losing"

I've written it before but I 100% that Trump doesn't even know what a special master is or even does and just wanted one because he likes the words "special" and "master"

BiggerBoat fucked around with this message at 01:16 on Sep 21, 2022

OgNar
Oct 26, 2002

They tapdance not, neither do they fart

The Lone Badger posted:

So if I understood the Trump position is that he telepathically declassified the documents, except nobody is allowed to know which ones are declassified, except his Twitter followers they can know.

He's not on Twitter.
They are followers of the Truth.
The Trump Truth.

Shooting Blanks
Jun 6, 2007

Real bullets mess up how cool this thing looks.

-Blade



BiggerBoat posted:

It's pretty wild just how many lying coffee boy washed up has been lying deep state losers there are who are lying that find themselves in Trump's inner circle even though he surrounds himself with the best most amazing people. To still be all in on trump these days you have to believe that every single solitary person other than Donald is making poo poo up and constantly lying. For some reason.

and yeah, it'll be something dumb and childish like "turns out they weren't very special at all and they were a master at losing"

I've written it before but I 100% that Trump doesn't even know what a special master is or even does and just wanted one because he likes the words "special" and "master"

His lawyers decided this was the best way to delay things as much as possible and told Trump this would allow him to win. More importantly, the SM they suggested was appointed by Saint Reagan and would never rule or act against a true American Patriot and Republican like Trump.

Murgos
Oct 21, 2010
Dearie is turning out better than I thought.

“The government says all these are classified, if so then by definition they belong to the government. Otherwise give me proof that they aren’t classified. No? Easy peasy.”

It’s going to be interesting to see Cannon’s response once Trump crawls back to her whining about the mean old FISA court judge who won’t play his game right.

Cannon over ruling a former Chief Justice of the EDNY for not understanding the subtle point that Trump is still president is going to be hilarious.

Herstory Begins Now
Aug 5, 2003
SOME REALLY TEDIOUS DUMB SHIT THAT SUCKS ASS TO READ ->>
A former FISA judge is about as close to definitionally deep state as you can get so it's a stopped clock situation. lol that they loving nominated a guy who worked closely with intel community for years because they thought he'd be likely to stall a counter-intelligence investigation

Shooting Blanks
Jun 6, 2007

Real bullets mess up how cool this thing looks.

-Blade



The single best piece of news so far was the original deadline of 11/30 getting moved to an intended finish by 10/7. It's probably going to be a very tough argument to make that Dearie should take more time than he himself believes is required.

Paracaidas
Sep 24, 2016
Consistently Tedious!

Shooting Blanks posted:

The single best piece of news so far was the original deadline of 11/30 getting moved to an intended finish by 10/7. It's probably going to be a very tough argument to make that Dearie should take more time than he himself believes is required.

This is incorrect. Dearie seeks all records labeled and ready to review by Oct. 7.

He's still moving faster than Trump would like, but that's extremely different than being done by 10/7.

Shooting Blanks
Jun 6, 2007

Real bullets mess up how cool this thing looks.

-Blade



Paracaidas posted:

This is incorrect. Dearie seeks all records labeled and ready to review by Oct. 7.

He's still moving faster than Trump would like, but that's extremely different than being done by 10/7.

I initially misread it then, thanks for the clarification!

Paracaidas
Sep 24, 2016
Consistently Tedious!
All good, you're far from the only one. Lots of false and misleading poo poo spread by folks who (mostly) know better, figure we may as well try to keep this space accurate!

cant cook creole bream
Aug 15, 2011
I think Fahrenheit is better for weather
Question which has probably come up before.
If the American justice system is insane enough to agree that a magic (former) presidents handwave makes stuff declassified, without any procedure, does that mean the general public gets to know what's inside these documents?
Obviously none of this will hold with regards to nuclear stuff.

Automata 10 Pack
Jun 21, 2007

Ten games published by Automata, on one cassette
The Special Master thing is currently Very Funny but if Dearie won’t face any repercussion for their actions (outside of decorum) this is all feels destined to get clogged up in the courts and shot down by Trump judges.

I mean why not just shoot everything down?

Fart Amplifier
Apr 12, 2003

Automata 10 Pack posted:

The Special Master thing is currently Very Funny but if Dearie won’t face any repercussion for their actions (outside of decorum) this is all feels destined to get clogged up in the courts and shot down by Trump judges.

I mean why not just shoot everything down?

I don't think it's clear what you're actually asking

Mirotic
Mar 8, 2013




https://twitter.com/Tom_Winter/status/1572610024442105857?t=oSJ0gewHBTgxDmjCFegPIQ&s=19

She also made criminal referrals to SDNY and the IRS (as this is a lawsuit).

mobby_6kl
Aug 9, 2009

by Fluffdaddy
An update of "cleanup on aisle 45" about the DoJ's appeal and some other news: https://mswmedia.com/show/clean-up-on-aisle-45/

Jaxyon
Mar 7, 2016
I’m just saying I would like to see a man beat a woman in a cage. Just to be sure.

cant cook creole bream posted:

Question which has probably come up before.
If the American justice system is insane enough to agree that a magic (former) presidents handwave makes stuff declassified, without any procedure, does that mean the general public gets to know what's inside these documents?
Obviously none of this will hold with regards to nuclear stuff.

No. The decision would only apply to getting trump out of consequences and not in any real way, because everyone knows that this is all play-acting within the framework of partisan politics

PhantomOfTheCopier
Aug 13, 2008

Pikabooze!

Automata 10 Pack posted:

The Special Master thing is currently Very Funny but if Dearie won’t face any repercussion for their actions (outside of decorum) this is all feels destined to get clogged up in the courts and shot down by Trump judges.
I suspect that's a misunderstanding of the SM role in all this. Allow me to share my understanding! :pseudo: ianal

The only role the SM fills is vetting artifacts as valid for use as evidence. By definition, the job is reductive in the sense that they can only declare artifacts as privileged to the aggrieved (not "defendant", since there have been no charges). The DOJ was already in possession of the documents, "their" documents; this is only about identifying any that shall not be used for the ongoing investigation.

This is why the DOJ filed the 11th appeal. Certain categories of documents by definition belong to the executive branch; they neither need review nor is there any possible legal claim to them from an individual. If documents are declassified, that doesn't mean they cannot be taken in an investigation, simply that material was collected that may be beyond the scope of the warrant.

The SM though, in this scenario, is appointed to protect the rights of the aggrieved. It's of no possible value to the DOJ, except to prevent a future appeal that might be based on artifacts that shouldn't have been used as evidence. (Even after all this they'll still appeal.)

Koos Group
Mar 6, 2013

Jaxyon posted:

No. The decision would only apply to getting trump out of consequences and not in any real way, because everyone knows that this is all play-acting within the framework of partisan politics

Please refrain from saying "everyone knows" about any assertion. To make an argument persuasive and falsifiable you should talk about specific credible people who know, polls that show it's the majority opinion, demonstrations of your own reasoning for it, etc.

PhantomOfTheCopier
Aug 13, 2008

Pikabooze!
Something I had forgotten. It's not permitted to draw inferences from testimony when the individual pleads the 5th in criminal trials, but the same testimony in a civil case can be used to establish inferences if there's other evidence. https://www.lanepowell.com/Our-Insights/221205/Taking-the-Fifth-in-a-Civil-Context

Fart Amplifier
Apr 12, 2003

PhantomOfTheCopier posted:

Something I had forgotten. It's not permitted to draw inferences from testimony when the individual pleads the 5th in criminal trials, but the same testimony in a civil case can be used to establish inferences if there's other evidence. https://www.lanepowell.com/Our-Insights/221205/Taking-the-Fifth-in-a-Civil-Context

Yes, that's why typically you wouldn't start a civil trial before a criminal trial. Usually you'd delay the civil trial until after, because you can be compelled to testify.

Murgos
Oct 21, 2010
DoJ only really cares about the classified documents, the executive privilege vs NARA fight isn’t really their dog in this fight.

Not saying they’ll bow out once dearie or the 11th settle it but I doubt they care if Trump spends years trying to convince various courts that he really does control the presidential records from his time in office despite what the PRA says.

Speaking of the 11th, Trumps response to the DOJ appeal was due yesterday but I haven’t seen any news of it. Did they just decide not to contest the stay?

Edit: no they did respond. Just same old nonsense that DOJ has to prove the documents are classified before they can have them. Which is all kinds of non-causal. The whole point of seizing them was to evaluate their classification status. Which is why the subpoena and search warrant were not for, “classified documents” but were for “documents with classification markings”

Murgos fucked around with this message at 23:39 on Sep 21, 2022

Adbot
ADBOT LOVES YOU

mdemone
Mar 14, 2001

Murgos posted:

DoJ only really cares about the classified documents, the executive privilege vs NARA fight isn’t really their dog in this fight.

Not saying they’ll bow out once dearie or the 11th settle it but I doubt they care if Trump spends years trying to convince various courts that he really does control the presidential records from his time in office despite what the PRA says.

Speaking of the 11th, Trumps response to the DOJ appeal was due yesterday but I haven’t seen any news of it. Did they just decide not to contest the stay?

They're letting it ride, as the metaphor goes. I don't believe the 11th will set this precedent, but hell I don't know nothin, to go by prior evidence.

  • 1
  • 2
  • 3
  • 4
  • 5
  • Post
  • Reply