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Tag Archives: Treason

“…The answer is no…”

01 Thursday Dec 2022

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

11th Circuit Court of Appeals, classified documents, Donald Trump, Fascist pig, Grifter, insurrectionist, lawsuit, right wingnut, search warrant, seditionist, theft, Treason

The prohibition of the theft and hoarding of classified documents (along with other publically owned materials) in the law applies to everyone.

TrumpvUnitedStates11thCircuitCourtAppeals202213005

…This appeal requires us to consider whether the district court had jurisdiction to block the United States from using lawfully seized records in a criminal investigation. The answer is no.

Former President Donald J. Trump brought a civil action seeking an injunction against the government after it executed a search warrant at his Mar-a-Lago residence. He argues that a court-mandated special master review process is necessary because the government’s Privilege Review Team protocols were inadequate, because various seized documents are protected by executive or attorney-client privilege, because he could have declassified documents or designated them as personal rather than presidential records, and—if all that fails—because the government’s appeal was procedurally deficient. The overnment disagrees with each contention.

[….]

In considering these arguments, we are faced with a choice: apply our usual test; drastically expand the availability of equitable jurisdiction for every subject of a search warrant; or carve out an unprecedented exception in our law for former presidents. We choose the first option. So the case must be dismissed…

[….]

…Indeed, Plaintiff does not press the district court’s theory on appeal. Instead, he argues that the Presidential Records Act gives him a possessory interest in the seized documents. This argument is unresponsive. Even if Plaintiff’s statutory interpretation were correct (a proposition that we neither consider nor endorse), personal interest in or ownership of a seized document is not synonymous with the need for its return.3 In most search warrants, the government seizes property that unambiguously belongs to the subject of a search. That cannot be enough to support equitable jurisdiction….

(footnote) 3 During discussion of this factor at oral argument, Plaintiff’s counsel noted that the seized items included “golf shirts” and “pictures of Celine Dion.” The government concedes that Plaintiff “may have a property interest in his personal effects.” While Plaintiff may have an interest in these items and others like them, we do not see the need for their immediate return after seizure under a presumptively lawful search warrant.

….Having failed to show his own need, Plaintiff attempts—as he did in the district court—to reverse the standard, arguing that the government does not need the non-classified documents for its investigation. This is not self-evident, but it would be irrelevant in any event. Plaintiff’s task was to show why he needed the documents, not why the government did not. He has failed to meet his burden under this factor….

….Plaintiff’s alternative framing of his grievance is that he needs a special master and an injunction to protect documents that he designated as personal under the Presidential Records Act. But as we have said, the status of a document as personal or presidential does not alter the authority of the government to seize it under a warrant supported by probable cause; search warrants authorize the seizure of personal records as a matter of course. The Department of Justice has the documents because they were seized with a search warrant, not because of their status under the Presidential Records Act. So Plaintiff’s suggestion that “whether the Government is entitled to retain some or all the seized documents has not been determined by any court” is incorrect. The magistrate judge decided that issue when approving the warrant. To the extent that the categorization of these documents has legal relevance in future proceedings, the issue can be raised at that time….

….The law is clear. We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so. Either approach would be a radical reordering of our caselaw limiting the federal courts’ involvement in criminal investigations. And both would violate bedrock separation-of-powers limitations. Accordingly, we agree with the government that the district court improperly exercised equitable jurisdiction, and that dismissal of the entire proceeding is required.

The district court improperly exercised equitable jurisdiction in this case. For that reason, we VACATE the September 5 order on appeal and REMAND with instructions for the district court to DISMISS the underlying civil action.

Dayam.

Bad combover. Check. Too long red tie. Check. Orange spray tan. Check. Tiny hands. Check. Cluelessness. Check…

No one is above the law. No one.

Previously:

Schadenfreude-a-Lago (August 8, 2022)

Barking out approved talking points with the rest of the MAGA seals (August 9, 2022)

Tell us you don’t know how search warrants actually work without telling us you don’t know how they work (August 9, 2022)

Former County Sheriff Publicly Denounces “No one is above the law” (August 10, 2022)

He was framed! (August 11, 2022)

And your point is? (August 11, 2022)

Proliferation (August 12, 2022)

Now what, Josh (r)? (August 12, 2022)

Lock him up (August 31, 2022)

“He went to Jared…” (September 2, 2022)

The Special Counsel always rings twice (November 18, 2022)

He only plays one on TV

22 Thursday Sep 2022

Posted by Michael Bersin in social media, US Senate

≈ Leave a comment

Tags

Donald Trump, Eric Schmitt, Fascist pig, missouri, national security, right wingnut, social media, Spencer Toder, sycophant, Treason, Twitter, U.S. Senate

Eric Schmitt (r) [2022 file photo].

Last night:

Spencer Toder @SpencerToder
Hey @Eric_Schmitt you’re supposedly a legal scholar. Can a former President declassify nuclear secrets by thinking about it? Asking for your friend.
10:00 PM · Sep 21, 2022

Magical thinking. Go figure.

Bad combover. Check. Too long red tie. Check. Orange spray tan. Check. Tiny hands. Check. Cluelessness. Check…

Pillow talk

14 Wednesday Sep 2022

Posted by Michael Bersin in social media, Uncategorized

≈ Leave a comment

Tags

Donald Trump, FBI, investigation, phone, pillow talk, sedition, social media, subpeona, Treason, Twitter

Today, some serious corporate shade:

Hardee’s @Hardees
Now that you know we exist… you should really try our pillowy biscuits.
8:04 AM · Sep 14, 2022

Virtuoso trolling:

Joyce Alene @JoyceWhiteVance
Replying to @Hardees
Oh look! I’ve got Hardee’s & still had my phone to take a picture of it with.
[….]
11:55 AM · Sep 14, 2022

Heh.

Bad combover. Check. Too long red tie. Check. Orange spray tan. Check. Tiny hands. Check. Cluelessness. Check…

What’s up?

12 Monday Sep 2022

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

Donald Trump, Fascist pig, schadenfreude, sedition, subpeonas, The Postman Always Rings Twice, Treason

Do you smell fear?

Bad combover. Check. Too long red tie. Check. Orange spray tan. Check. Tiny hands. Check. Cluelessness. Check…

Who goes golfing in the rain without golf clubs?

Heh.

The great circle

04 Sunday Sep 2022

Posted by Michael Bersin in Uncategorized

≈ 1 Comment

Tags

Donald Trump, Melania, national security, search warrant, Treason, we don't really care

Entitlement. Arrogance. Karma.

Yesterday:

@297_Aruba_Lover @297_ArubaLover
Melania said she felt violated by FBI agents “contaminating” her bedroom while they were at Mar-a-Lago.

“I Don’t Really Care, Do U?”
10:24 AM · Sep 3, 2022

June 22, 2018 – Overland Park, Kansas

Previously:

Schadenfreude-a-Lago (August 8, 2022)

Barking out approved talking points with the rest of the MAGA seals (August 9, 2022)

Tell us you don’t know how search warrants actually work without telling us you don’t know how they work (August 9, 2022)

Former County Sheriff Publicly Denounces “No one is above the law” (August 10, 2022)

He was framed! (August 11, 2022)

And your point is? (August 11, 2022)

Proliferation (August 12, 2022)

Now what, Josh (r)? (August 12, 2022)

Lock him up (August 31, 2022)

“He went to Jared…” (September 2, 2022)

Just shopping around (September 3, 2022)

Lock him up

31 Wednesday Aug 2022

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

classified documents, Donald Trump, Fascist pig, obstruction of justice, search warrant, theft, Treason

Late last night, an image in the Department of Justice court filing in response to Donald Trump’s “Special Master” attempt in the aftermath of the classified document search warrant:

In his office at his resort in Florida.

If you’re really stupid you’ll respond, “But they showed a photo of the classified documents.”

Bad combover. Check. Too long red tie. Check. Orange spray tan. Check. Tiny hands. Check. Cluelessness. Check…

Lock him up.

Previously:

Schadenfreude-a-Lago (August 8, 2022)

Barking out approved talking points with the rest of the MAGA seals (August 9, 2022)

Tell us you don’t know how search warrants actually work without telling us you don’t know how they work (August 9, 2022)

Former County Sheriff Publicly Denounces “No one is above the law” (August 10, 2022)

He was framed! (August 11, 2022)

And your point is? (August 11, 2022)

Proliferation (August 12, 2022)

Now what, Josh (r)? (August 12, 2022)

Today in America

27 Saturday Aug 2022

Posted by Michael Bersin in media criticism, social media

≈ Leave a comment

Tags

affidavit, Donald Trump, Faux News Channel, media criticism, national security, search warrant, Treason

“Faux News channel, fascist groupies” – protest sign, circa 2003- 2004.

Yesterday:

Windsor Mann @WindsorMann
Fox News is frantically looking for a Mexican caravan right now.
11:35 AM · Aug 26, 2022

“Make America Great Again” – in Russian.

Previously:

The season to expose treason (August 25, 2022)

The season to expose treason

25 Thursday Aug 2022

Posted by Michael Bersin in social media

≈ 1 Comment

Tags

affidavit, Donald Trump, ketchup, national security, search warrant, social media, Treason, Twitter

Today:

Heh.

Call it as it is

28 Saturday Nov 2020

Posted by Michael Bersin in social media

≈ Leave a comment

Tags

corruption, Donald Trump, Elizabeth Warren, pardon, social media, Treason, Twitter

Senator Elizabeth Warren (D) [2019 file photo].

Elizabeth Warren @SenWarren
Donald Trump is the most corrupt President in American history.
[….]
4:46 PM · Nov 25, 2020

Bad combover. Check. Too long red tie. Check. Orange spray tan. Check. Tiny hands. Check. Cluelessness. Check…

He’s Number One!

“We have a transnational crime syndicate masquerading as a government…”

25 Wednesday Nov 2020

Posted by Michael Bersin in social media

≈ Leave a comment

Tags

corruption, Donald Trump, felon, Michael Flynn, pardon, Sarah Kendzior, social media, Treason, Turkey, Twitter

Sarah Kendzior has always called it.

This afternoon:

Donald J. Trump @realDonaldTrump
It is my Great Honor to announce that General Michael T. Flynn has been granted a Full Pardon. Congratulations to @GenFlynn and his wonderful family, I know you will now have a truly fantastic Thanksgiving!
3:08 PM · Nov 25, 2020

Bad combover. Check. Too long red tie. Check. Orange spray tan. Check. Tiny hands. Check. Cluelessness. Check…

Earlier this afternoon:

General Flynn @GenFlynn
Jeremiah 1:19
Translate Tweet
1:27 PM · Nov 25, 2020

Translation? We don’t need a translation.

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