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Conrad Teves
Byrne Robotics Member
Joined: 28 January 2014
Location: United States
Posts: 2230
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| Posted: 30 August 2022 at 3:42am | IP Logged | 1
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>>Allow Trump and his lawyers to identify documents they believe are privileged.<<
Unless it's a document that was written after he was president there are none. Anything he did while he was president are not his. Those scraps of paper he tore up and flushed down the toilet? US Government property. The ones (according to some sources e.g., Omarosa) that he ate? Government property.
Even the stuff that was legally in his custody as president becomes the custody of the archivist upon his leaving office.
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Michael Roberts
Byrne Robotics Member
Joined: 20 April 2004
Location: United States
Posts: 14859
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| Posted: 30 August 2022 at 4:05am | IP Logged | 2
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"In the filing, lawyers at the department disclosed that its privilege review team had finished its assessment of the documents and set aside a limited set of materials that potentially contain attorney-client information"
Setting aside that its Trump, does anyone think this is unfair? By conducting this review, the same agency that has the power to prosecute Trump has now seen what should have been privileged information.
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Since Trump was requesting a special master based on executive privilege and not attorney-client privilege, does it even matter? The investigative team and the privilege review team are separate. If we can trust the chain of custody for regular law enforcement, why can't we trust the chain of custody for the FBI?
Executive privilege is meant to shield communications in the executive branch from the legislative and judicial branches. Can a former president claim that against the incumbent president and the DOJ, a department within the executive branch?
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Tim O Neill
Byrne Robotics Security
Joined: 16 April 2004
Location: United States
Posts: 10940
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| Posted: 30 August 2022 at 6:31am | IP Logged | 3
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Brian, perhaps you're not clear on what a "link" is?
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Eric Ladd
Byrne Robotics Member
Joined: 16 August 2004
Location: Canada
Posts: 4505
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| Posted: 30 August 2022 at 12:21pm | IP Logged | 4
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"does anyone think this is unfair?"
I think it was unfair to have the judge rule on the request for an independent master without the DOJ lawyers opportunity to respond to the request by Trump lawyers. The judge's appointment has some very interesting chronology and the process of approving the request without allowing the other side's lawyers an opportunity to respond is not normal procedure.
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Brian Floyd
Byrne Robotics Member
Joined: 07 July 2006
Location: United States
Posts: 8628
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| Posted: 30 August 2022 at 4:12pm | IP Logged | 5
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Brian, perhaps you're not clear on what a "link" is?
+++++++++++++++++++++++++++++++++++ Tim, you need a NYTimes account to read articles. That's why I quoted rather than posting a link. Because not everyone is going to have an account, or get one just to read it.
I don't have an account, but I quoted it from a post at another forum after two people who do have accounts confirmed it.
Edited by Brian Floyd on 30 August 2022 at 4:15pm
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Brian Floyd
Byrne Robotics Member
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Location: United States
Posts: 8628
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| Posted: 30 August 2022 at 4:42pm | IP Logged | 6
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What I find disturbing is Lindsey Graham's claims that there will be riots in the streets if Trump is indicted.
And the person he told that to isn't exacly a beacon of truth and integrity to begin with....
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John Wickett
Byrne Robotics Member
Joined: 12 July 2016
Location: United States
Posts: 865
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| Posted: 31 August 2022 at 12:12am | IP Logged | 7
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"Since Trump was requesting a special master based on executive privilege and not attorney-client privilege, does it even matter?"
I don't think a special master is necessary to determine whether executive privilege applies. The judge is perfectly qualified to make that decision.
But that's not what I was referring to. The post I was responding to said the compliance team "set aside a limited set of materials that potentially contain attorney-client information."
That means the DOJ, which is the agency with prosecutorial discretion, has seen the attorney-client information. And I don't think that's good (regardless of who the target of the investigation is).
Is it the end of the world? No.
Does it mean the integrity of investigation has been compromised? Probably not. But it opens the door for questions that could otherwise have been avoided.
The best practice here would have been for the DOJ to take steps to avoid exposing themselves to any attorney-client information, so as to avoid any appearance of impropriety or bias; especially in a such a high profile case, and one where its clear the defendant (if there are charges) will accuse the department of being politically motivated.
Edited by John Wickett on 31 August 2022 at 12:39am
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John Wickett
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Joined: 12 July 2016
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| Posted: 31 August 2022 at 12:17am | IP Logged | 8
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"I think it was unfair to have the judge rule on the request for an independent master without the DOJ lawyers opportunity to respond to the request by Trump lawyers."
I agree that would be unfair to the State, but that's not what's happening.
As far as the judge being a Trump appointee is concerned, I think the most ethical thing would be for the judge to recuse himself.
Edited by John Wickett on 31 August 2022 at 12:21am
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John Wickett
Byrne Robotics Member
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| Posted: 31 August 2022 at 12:26am | IP Logged | 9
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"What I find disturbing is Lindsey Graham's claims that there will be riots in the streets if Trump is indicted."
Yeah, that was pretty bad.
When people said there would be riots if Chauvin was not convicted, commentators on the right accused them of jury tampering. That begs the question, what was Graham trying to do here?
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Brian Floyd
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Joined: 07 July 2006
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Posts: 8628
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| Posted: 31 August 2022 at 1:01am | IP Logged | 10
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The really disturbing part of the article is the very last part of it, John.
QUOTE:
| “Most Republicans, including me, believes when it comes to Trump, there is no law. It’s all about getting him,” Graham said. “I’ve never been more worried about the law and politics as I am right now,” he added. |
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So lets just ignore the Godzilla sized mountain of evidence against Trump, because its all about politics, not anything the orange egomaniac and narcissist has done wrong, which may or may not include treason. Riiiiiiight.
Edited by Brian Floyd on 31 August 2022 at 1:03am
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Michael Roberts
Byrne Robotics Member
Joined: 20 April 2004
Location: United States
Posts: 14859
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| Posted: 31 August 2022 at 12:16pm | IP Logged | 11
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Easy to see how these documents were overlooked and how much effort it would take to sort them out. This was all just a big misunderstanding and the Trump team genuinely thought they had turned over all classified documents. /sarcasm
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Conrad Teves
Byrne Robotics Member
Joined: 28 January 2014
Location: United States
Posts: 2230
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| Posted: 31 August 2022 at 3:25pm | IP Logged | 12
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Oddly appropriate (framed) cover of TIME there...
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