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A story about a pathetic man's downfall [34 Felony Convictions]


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Just now, Beau Vine said:

OTOH, if he died, it would be extremely easy to convince his cult to go to the voting booth and write "Donald J. Trump" in as a write-in candidate for every single race on the ballot as a tribute to him.

I am dead serious that this should be an effort we make in multiple races.  Especially the Florida governor's race.  What percentage of people who would otherwise vote for DeSantis will obey a command to write in Cheeto Benito instead?  As little as 1-2% could turn the tide, statewide races in Fla have been that close as of late.  Nothing would make me laugh harder than an outcome of Charlie Crist 49%, DeSantis 48.5%, Trump write-in 2.5%.  I might actually need oxygen to recover from my laughing fit if that happened.

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2 hours ago, lemonlime said:


Why would Biden have weighed in on executive privilege? Trump never actually asserted it. He never identified any documents or even topics that are privileged. Why would Biden have to affirmatively waive a privilege that has never been properly invoked? Trump only filed a nonsense shit flinging motion in a different court than the one overseeing the investigation in which his lawyers argued for a special master over stolen records under dubious grounds of executive privilege, again without identifying any items that are actually subject to the privilege. It’s not some magic phrase that you can wave around to stop investigations. The next time I’m stopped for speeding I’m gonna argue that attorney client privilege applies. Which makes exactly as much sense as what trumps legal team is arguing here

Unquestionably, Trump has asserted it now, he asserted it even in that original gobbledygook of a motion.

The usual process is:

NARA takes possession of all Presidential Records at the end of the term.

Someone, Congress, the public, Fart Barf and Itch requests Presidential Records from NARA (any executive privilege document is pretty much automatically a Presidential Record, but the converse is not true).

The sitting President determines whether an assertion of executive privilege should be made or if applicable, waived.

The former President gets to object, sitting President reconsiders and if waiver maintained, former President gets to sue, in D. D.C.

This whole search warrant thing has turned it on its head, and that's 100% Trump's fault, but the last two steps need to be observed and resolve the issue of whether FBI can have the documents:  the only thing about executive privilege that matters.

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3 minutes ago, trauma babe said:

But he isn't the fucking president, so how does he invoke privilege now?!

The process is upside down at present, but PRA provides an avenue for a former President to assert privilege.  The common law provides for a former President to assert privilege.

That's a way DOJ could have approached this, but didn't:

As these documents are Presidential Records (that's perhaps a bit of a stretch as to all of them), we are forwarding them to the Biden Administration for determination of executive privilege issues, for the sitting President to assert or waive.  At that point, former President Trump will be notified and will have the opportunity to object/assert privilege in the face of waiver.

That only got a passing glance from either side.

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40 minutes ago, TwiceHorn said:

As these documents are Presidential Records

They are not. If they were, there would be record of POTUS declassifying them before he left office. There is none. He can’t just magically declassify them. There is an actual process that must be followed. Even if he did follow actual procedures, he is still not allowed to take them to his golf resort. Not to mention, he never once claimed executive privilege on any record yet in any communication with NARA, the DOJ. Etc.  
 

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3 hours ago, Ghost of LL said:

Let me take a slightly contrary position.

I was talking about this with Mrs.LL over the weekend, as she was looking gleefully as Trump's recent picture in which he looks unhealthy.  She was speculating about his possibly imminent death, and I told her to tap the brakes.  I think we might have crossed the tipping point at which he is now doing so much harm to the GQP that he's actually now a net-benefit to the country.

Think about his impact on the midterms.  It has only been negative for the GQP, primarily in two ways:

1) Candidates can only get the GQP nomination if they have Trump's endorsement, and Trump is a shitty evaluator/recruiter of candidates.  Trump is the entire reason we have Blake Masters and Mehmet Oz running in Arizona and Pennsylvania, respectively.  Those should be very winnable seats for Republicans.  Now, they're almost certainly going to be Democratic wins.  Trump is the reason Alaska now has a Democratic representative.  He's the reason that Georgia seat is competitive.  He has singlehandedly absolutely fucked the GQP out of the Senate based on candidate recruitment alone.

2) And now, as their shitty candidates get into the stretch run for the midterms, they'd love to be talking about all the ways in which Biden supposedly sucks.  They'd love to be talking about inflation, or something something taxes.  Or I'm sure there's some caravan coming.  Or whatever they tell their band of idiots that motivates them to show up.  But they can't do that right now, and it's entirely because of Trump. 

Anytime any GQP candidate is interviewed right now, the first question s/he gets is "was it ok for Donald Trump to take classified documents."  And . . . and I have to tell you right here, if I had a heart at all, I might have some sympathy for the poor fuckers . . . they have no choice but to defend Trump.  Because Trump's band of idiot followers demand it.  But right there, the campaign message is derailed.  The appeal to Independents is right out the window.  Suddenly, there was no fucking point to granting the interview to begin with--which is why you see so few Republicans granting interviews (though going radio-silent is a shitty way to make your case to undecided voters).

That's all fucking Trump.

And it's not going to end.  Because after Congress comes back into session, the January 6 Committee is going to fire back up.  And so Republican candidates are going to have to defend Trump on that front, as well.  And so they're forced to talk about Trump constantly.

And Trump is the last fucking thing they want to talk about, because . . . and here's the real dirty secret . . . his fucking low-information voters only show up when Donald Trump is on the fucking ballot.  So they have to defend him because they will vote against them if they betray Trump.  But they're still not going to show up to support a Republican candidate not named "Donald Trump" no matter how obsequious they are to him.

It's fucking great, and we might ought to hope it never ends.

 

All very good points, congrats on a well thought out and written post. 

Now allow me to retort:

The sooner that fuck dies the sooner I can shit on his grave.

 

 

 

 

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55 minutes ago, TwiceHorn said:

The process is upside down at present, but PRA provides an avenue for a former President to assert privilege.  The common law provides for a former President to assert privilege.

That's a way DOJ could have approached this, but didn't:

As these documents are Presidential Records (that's perhaps a bit of a stretch as to all of them), we are forwarding them to the Biden Administration for determination of executive privilege issues, for the sitting President to assert or waive.  At that point, former President Trump will be notified and will have the opportunity to object/assert privilege in the face of waiver.

That only got a passing glance from either side.

It's like you haven't even read the letter from the Archivist of the United States.

4 minutes ago, High Plains Drifter said:

 

All very good points, congrats on a well thought out and written post. 

Now allow me to retort:

The sooner that fuck dies the sooner I can shit on his grave.

 

 

 

 

And that's fair.

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2 hours ago, Beau Vine said:

OTOH, if he died, it would be extremely easy to convince his cult to go to the voting booth and write "Donald J. Trump" in as a write-in candidate for every single race on the ballot as a tribute to him.

 

does the ballot count if they misspell his name or write using a shitty sharpie knock off that  smears all over the page?

 

 

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The election would take three days due to all the nitwit MAGAts trying to figure out how to "write in" a candidate on an electronic voting machine. They'd write all over the screen, then the officials would have to clean it with a magic eraser or something that would eventually destroy the touch pad. 

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9 hours ago, Brisketexan said:

There's nothing to set (and, it turns out, the fracture is right at the radial head, at the elbow -- it's hairline (almost impossible to see, which is good), and most likely nothing that needs to be set or get further treatment other than a sling and not using that arm for much for some weeks).  Lovely bruising, though.  And wearing a sling makes her feel like some car wreck scam artist, so that's fun.

Just saw this glad she’s not hurt worse than that. Don’t be surprised if other areas start to get sore after a few days esp w that long a flight coming up

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21 minutes ago, Captainant said:

You're leaving out the part where trump was holding TS/SCI/HCS intel that he was not legally allowed to have. An ex-post-facto assertion of executive privilege after he is no longer the executive is just hot air. I really don't understand how you're consistently overlooking that aspect. 

Executive privilege is not a panacea for giving away our national secrets or improperly storing them at your golf resort. I don't get why you constantly get distracted by trump's jangling keys. Stop treating his bad faith weaponization of our legal system as if it's a reasonable and justified grievance. It's not.

Even bill fuckin barr thinks trump's executive privilege claim is horseshit lol

 

I'm not giving Trump any credit whatsoever. 

The fact is, pending an appeal, we're fucking stuck with this, so I am finding the ok to good in it.  You can flail and bitch and moan about it all you want.  I'm trying to be realistic.

I am saying that, other than delay, this special master process is not objectionable.  There is actually one thing I like about it and that is: before any indictment, the privilege issues will be thoroughly sorted instead of left in the dark to be the subject of a potentially winning motion to dismiss an indictment.  Katyal, unbelievably, acknowledges that possibility and for some unfathomable reason thinks it's better than this.  He's fucking high.

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14 minutes ago, Ghost of LL said:

It's like you haven't even read the letter from the Archivist of the United States.

And that's fair.

I have indeed read the letter.  And it is reflective of the PRA process.  It is also dated 90 days before the search and seizure, and pertains only to the original 15 boxes recovered in February.

I have addressed the letter.  See above.

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2 hours ago, Pato del Muerto said:

And not just for one race, for all of them. 
 

president:  dj trump

senator:  dj trump

State leg: dj trump

city manager:  dj trump

dog catcher: dj trump

 

This has so many possibilities. The obvious ones are him pulling votes from a senator or a governor, but what about those dog catcher races? He might actually have enough write in votes to beat either of the candidates. I'd love for him to have to serve in some super low level menial government job.

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6 minutes ago, TexLonghorn said:

 

Apart from any inherent power to declassify, I think he's have a bitch of a time credibly proving that he did actually declassify, mentally or some shit.

And, it just legally doesn't matter.  It's not an element of any crime under investigation.

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6 minutes ago, HenryJames said:

 

It's certainly plausible.  My guess would be North Korea.  He truly believes that he saved the world from nuclear war with North Korea, and that he was the only person who could have done so.  I could absolutely see him taking top secret nuke assessments as a trophy - to show interested parties how close we were to nuclear war.  I mean, finally a fucking motive for this stupidity that makes sense, in the way anything Trump does makes sense.  

That being said, "people familiar with the matter" equates to the Trump camp.  Nobody else who knows anything can talk to reporters.  And this is a plausible explanation that is certainly foolish and vain, but isn't nefarious.  This isn't something that loses Trump's base.  So, grain of salt. Also, could be a red herring. 

 

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11 minutes ago, Grade of D as in David said:

This has so many possibilities. The obvious ones are him pulling votes from a senator or a governor, but what about those dog catcher races? He might actually have enough write in votes to beat either of the candidates. I'd love for him to have to serve in some super low level menial government job.

 

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1 hour ago, Neonmoon said:

They are not. If they were, there would be record of POTUS declassifying them before he left office. There is none. He can’t just magically declassify them. There is an actual process that must be followed. Even if he did follow actual procedures, he is still not allowed to take them to his golf resort. Not to mention, he never once claimed executive privilege on any record yet in any communication with NARA, the DOJ. Etc.  
 

Dude.  You don't know what you're talking about.  I recommend that you familarize yourself with the Presidential Records Act. https://www.archives.gov/about/laws/presidential-records.html#2201

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5 minutes ago, Neonmoon said:

Always a tweet for everything 

 

By the end of the week he'll be claiming that he wasn't lying. You see in the above post he capitalizes Hoax which gives it a completely different meaning. This usage is actually the opposite of the common held definition of hoax and references something he absolutely 100% did.

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49 minutes ago, TwiceHorn said:

I have indeed read the letter.  And it is reflective of the PRA process.  It is also dated 90 days before the search and seizure, and pertains only to the original 15 boxes recovered in February.

I have addressed the letter.  See above.

It does not. It plainly says that that the former president—i.e., a prime citizen—cannot asset executive privilege against the chief executive. You can’t them just say “ok, but what about as to these documents?”.  The answer is still “no.”

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4 minutes ago, HenryJames said:

Because that’s all they thought there were at the time. It’s ridiculous to think that the additional boxes that Trump lied about would be treated differently.

True enough.  But the letter reflects that Biden delegated the privilege waiver issue to the Archivist, advised by White House counsel, as to the 15 boxes.

No such procedure has operated on these documents.  The Archivist hasn't even seen these documents.

That's why I say it's nothing more than an argument.

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15 minutes ago, Ghost of LL said:

It does not. It plainly says that that the former president—i.e., a prime citizen—cannot asset executive privilege against the chief executive. You can’t them just say “ok, but what about as to these documents?”.  The answer is still “no.”

That's not actually what it says.  This is what it says:

"The Counsel to the President has informed me that, in light of the particular circumstances presented here, President Biden defers to my determination, in consultation with the Assistant Attorney General for the Office of Legal Counsel, regarding whether or not I should uphold the former President’s purported “protective assertion of executive privilege.”See36 C.F.R. § 1270.44(f)(3). Accordingly, I have consulted with the Assistant Attorney General for the Office of Legal Counsel to inform my “determination as to whether to honor the former President’s claim of privilege or instead to disclose the Presidential records notwithstanding the claim of privilege.” Exec. Order No. 13,489, § 4(a)."

She goes on to argue, correctly, in my view:

"It is not necessary that I decide whether there might beanycircumstances in which a former President could successfully assert a claim of executive privilege to prevent an Executive Branch agency from having access to Presidential records for the performance of valid executive functions. The question in this case is not a close one. The Executive Branch here is seeking access to records belonging to, and in the custody of, the Federal Government itself, not only in order to investigate whether those records were handled in an unlawful manner but also, as the National Security Division explained, to “conduct an assessment of the potential damage resulting from the apparent manner in which these materials were stored and transported and take any necessary remedial steps.” These reviews will be conducted by current government personnel who, like the archival officials inNixonv. GSA, are “sensitive to executive concerns.” Id.at 451. And on the other side of the balance, there is no reason to believe such reviews could “adversely affect the ability of future Presidents to obtain the candid advice necessary for effective decisionmaking.”Id.at 450. To the contrary: Ensuring that classified information is appropriately protected, and taking any necessary remedial action if it was not, are steps essential to preserving the ability of future Presidents to “receive the full and frank submissions of facts and opinions upon which effective discharge of [their] duties depends.”Id.at 449. "

Her decision to waive or otherwise ignore Trump's assertion of privilege is an opinion, an argument, much like Biden's decision to waive privilege on the 1/6 documents.  That decision was reviewed and upheld by the DC district court, court of appeals, and Supreme Court.

She has not made such a decision on these documents, in particular.  Nor is it clear that Biden delegated to her for the subpoena response documents or the seized documents.

If the delegation still holds, she would probably make the same decision.  But she hasn't made any decision, nor has the Biden administration.  And we both know that courts aren't going to predict a decision that hasn't been made.

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2 minutes ago, TwiceHorn said:

That's not actually what it says.  This is what it says:

"The Counsel to the President has informed me that, in light of the particular circumstances presented here, President Biden defers to my determination, in consultation with the Assistant Attorney General for the Office of Legal Counsel, regarding whether or not I should uphold the former President’s purported “protective assertion of executive privilege.”See36 C.F.R. § 1270.44(f)(3). Accordingly, I have consulted with the Assistant Attorney General for the Office of Legal Counsel to inform my “determination as to whether to honor the former President’s claim of privilege or instead to disclose the Presidential records notwithstanding the claim of privilege.” Exec. Order No. 13,489, § 4(a)."

Her decision to waive or otherwise ignore Trump's assertion of privilege is an opinion, an argument, much like Biden's decision to waive privilege on the 1/6 documents.  That decision was reviewed and upheld by the DC district court, court of appeals, and Supreme Court.

She has not made such a decision on these documents, in particular.  Nor is it clear that Biden delegated to her for the subpoena response documents or the seized documents.

If the delegation still holds, she would probably make the same decision.  But she hasn't made any decision, nor has the Biden administration.  And we both know that courts aren't going to predict a decision that hasn't been made.

That’s absurd. There’s nothing to waive. Nor does it need to be waived, because only the executive can assert the privilege. Trump can’t assert executive privilege any more than he can assert attorney-client privilege on a communication between me and my lawyer.

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1 hour ago, TwiceHorn said:

 

I'm not giving Trump any credit whatsoever. 

The fact is, pending an appeal, we're fucking stuck with this, so I am finding the ok to good in it.  You can flail and bitch and moan about it all you want.  I'm trying to be realistic.

I am saying that, other than delay, this special master process is not objectionable.  There is actually one thing I like about it and that is: before any indictment, the privilege issues will be thoroughly sorted instead of left in the dark to be the subject of a potentially winning motion to dismiss an indictment.  Katyal, unbelievably, acknowledges that possibility and for some unfathomable reason thinks it's better than this.  He's fucking high.

You're finding a way to justify an objectively terrible ruling from that 11th hour recess appointment fedsoc judge, not finding the "ok to good". The special master process in a vacuum is not objectionable, but when you add in all the actual facts from reality, there is no reasonable justification. Anything else is a lie to yourself and only makes room for more trump fascist fuckery.

Goddamn nuclear secrets aren't a matter of executive privilege. Stop lying to yourself as if this is anything but a corrupted judiciary acting as trump's personal attorneys

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History will view Kevin McCarthy truthfully as the modern Benedict Arnold!

 

 

 

 

 

 

 

 

 

 

Or if the Republicans can hold the courts and take control for even an instant in the next 6 years of the Senate and Congress...Kevin McCarthy will get a statue... and we will get our Putin.

 

 

Wish like fuck what I typed was not true. But kids that's where we are. MOST of your Republican friends now believe more false shit that true shit.  And that is exactly how our democracy will die.

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TwiceHorn keeps telling us to wait and see and argues in good faith based on his interpretations of the law and doesn't want to give into that Trump has never been held accountable to any law and won't be held to any standards or precedent that has been set regardless. And even if the DOJ or anyone else makes it through all the bullshit ways the law can be delayed/interpreted and manages to bring ol' Donny to justice he'll still avoid any actually consequences of his actions (or his supporters) and nobody will give a shit either way. 

 

 

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  • immamac changed the title to A story about a pathetic man's downfall [34 Felony Convictions]


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