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As for the impact of the Presidential Records Act on this prosecution, any argument that it mandates dismissal of the Indictment or forms a defense to the charges here borders on frivolous. The PRA is not a criminal statute, and in no way purports to address the retention of national security information. The Defendants are, of course, free to make whatever arguments they like for dismissal of the Indictment, and the Government will respond promptly. But they should not be permitted to gesture at a baseless legal argument, call it “novel,” and then claim that the Court will require an indefinite continuance in order to resolve it.
Defendants’ alleged inability to use contract personnel to assist in unclassified document review is puzzling. They claim the reason is that “all the discovery materials are sensitive and high-profile,” (Resp. at 5) but discovery materials are sensitive in any criminal case, and courts routinely enter protective orders covering defense document reviewers. Magistrate Judge Reinhart entered such an Order here, with no opposition from the Defendants. ECF No. 27. The Order specifically authorizes disclosure to “persons employed to assist in the defense,” id. at 2, and Defendants offer no explanation of why they could not engage such personnel here.
The need for CIPA proceedings is also not a justification for a period of uncertain delay. The Government’s proposed CIPA schedule (Exhibit B to ECF No. 34) remains viable, even with the delay caused by counsel’s late submissions of their SF-86 Forms. Counsel will have almost two months to review the initial production of classified discovery before having to file any notices under CIPA Section 5. The two cases Defendants reference as examples of cases involving CIPA that had trial dates further from arraignment do not support their position.
originally posted by: Threadbare
a reply to: frogs453
As expected. There's no grounds or precedent to indefinitely postpone a trial.
originally posted by: Threadbare
a reply to: JinMI
If law and order were important to you, you wouldn't find yourself rooting for a demonstrably criminal former President.
originally posted by: matafuchs
a reply to: Threadbare
Trying to find someone else who will flip huh? Usually they do that BEFORE an indictment. They...have...nothing.
The target letter is aimed at a low-level employee of Trump’s family business who had dealings at Mar-a-Lago, the former president’s Florida home and private club. The worker is not an executive or someone with significant decision-making authority, said the person, who spoke on the condition of anonymity to discuss an ongoing investigation.