JUST IN: Trump files 21-page opposition to DOJ request for a stay of Judge Cannon's order.
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The filing, for the nth time, dances around the idea of whether Trump actually declassified any of the records in question.
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Here, Trump's lawyers directly contradict Trump by saying the issue of whether the docs remain classified is "to be determined later."
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Trump team also hammering on this notion that Trump may have categorized some records as "personal" during his tenure. But they don't actually assert he did this. It's a parallel to the declassification question.
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This line is just outright "false" when you stick the word "former" in it.
MORE: Trump's lawyers seems to be contemplating the prospect of a jury trial for their client, referencing the possibilty twice: DOJ "would presumably be prepared to share all such records publicly in any future jury trial."
politico.com/news/2022/09/1…
MORE: Trump's team is leaning heavily on a 2012 ruling by Judge Amy Berman Jackson — who Trump once derided for her handling of Roger Stone's trial — contending that audio recordings kept by Bill Clinton after his presidency were "personal," not PRA.
politico.com/news/2022/09/1…
But DOJ notes that material marked as classified has inherent value to the govt, not the type of record that can just be kept by a former president, even if law gives broad discretion.
politico.com/news/2022/09/1…
UPDATE: Trump objects to DOJ proposed special masters but doesn’t want to explain why publicly. “There are specific reasons,” his lawyers say.
JUST IN: DOJ says agrees that one of Trump’s special master picks, Raymond Dearie, is an appropriate choice.
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DOJ also notes that Dearie isn’t retired, despite Trump team’s claim that he is. Rather he’s on senior status. All three - Jones, Griffith and Dearie — are available.
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