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Another good source of information for those who ‘want to know”

By islander
August 23, 2022 8:12 am
Category: Law

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The source is called, “empty wheel”. Marcy Wheeler, like Heather and Teri, has all the credentials to be an expert in her field and it shows once you start reading her posts. They are really written for lawyers so her posts can sometimes make a bit of what she talks about seem a somewhat unfamiliar but it is not at all impossible to understand.

This is just an excerpt from the the post for which I provided the link.

FILTER REVIEW

”There are two kinds of reviews that the FBI will do of this material: A filter review and a scope review (though these words are getting muddled in the coverage, including in this piece, which is the only one that has reported on the process).

The filter review is done by agents who are not part of the investigative team. They make sure that nothing privileged gets to the investigative team.

According to reports — and Bratt’s email to Trump’s lawyers — at least some of the agents who did the search at Mar-a-Lago were a filter team (which makes sense, because they were sorting through the contents of boxes onsite). According to Fox News, the materials on one of two receipts — what I call the SSA receipt — included privileged material.

In other words, the FBI had cause to seize stuff that involves Trump’s communications with his lawyers. That’s not surprising. Among the crimes under investigation is the destruction, alteration, or concealment of materials to obstruct an or multiple investigations. I’ve previously pointed to a number of instances where Trump did that with the assistance of lawyers (I’ve taken out a paragraph of Trump Organization examples, because only government documents were permitted to be seized on the search warrant):

One thing Trump is likely to have withheld is the Perfect Transcript between him and Volodymyr Zelenskyy, which is something Congress was entitled to get during impeachment. That transcript was hidden from Congress by White House lawyer John Eisenberg, among other lawyers, thereby according the transcript a weak privilege claim, but one easily overcome by the obstructive nature of the choice to withhold it.
While one draft of Trump’s termination letter to Jim Comey was ultimately turned over to Mueller (after reports that the only extant copy was one preserved by DOJ lawyers), the Mueller Report narrative surrounding it makes it clear that Trump and Stephen Miller worked over several drafts before the one shared with others. Those earlier drafts were likely not turned over, in part because White House Counsel lawyers advised Trump that these drafts should “[n]ot [see the] light of day.” Again, that’s legal advice, but also proof of documents that were illegally withheld from the Mueller investigation.”


Click on the link to read the rest.

I also provided a link to Marcy’s background from Wikipedia*


Cited and related links:

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Comments on "Another good source of information for those who ‘want to know”":

  1. by islander on August 23, 2022 8:16 am
    Again, if the links don't work try these.
    emptywheel.net
    en.wikipedia.org


  2. by HatetheSwamp on August 23, 2022 8:28 am

    isle,

    There's either sanctimony or self-delusion in your "want to know” shtick...or both. What it is, is, "want to be updated on the latest propaganda." But, go for it. You embrace your subjectivity more passionately than anyone here...save pondy.

    "There are two kinds of reviews that the FBI will do of this material: A filter review and a scope review (though these words are getting muddled in the coverage, including in this piece, which is the only one that has reported on the process).

    That is, of course, if the fibbies and DOJ aren't corrupt...and there's ample reason not to trust them.

    That's the reason for the creation of a Special Master.

    Remember. No DOJ in all these of American history has invaded the home of a former President, let alone go sniffing through his wife's undies!

    It's not safe for anyone to give a single aspect of this search the benefit of the doubt.


  3. by islander on August 23, 2022 9:33 am
    As is quite obvious, in desperation Trump is throwing everything has can against the wall hoping something sticks.

    This latest effort is to attack the FBI and The Justice Department, and the filters who are in no way connected to the investigation (the conspiracy theorists will of course find this a brilliant defense).

    

What Trump proposes now is that our Justice Department, the FBI, and the filters who have no role in the investigation itself are all corrupt. Trump wants to create a Special Master to take over the job of inspecting the documents seized in the search to make sure there is nothing our Justice Department shouldn’t see. Of course Trump proposes that the ‘Special Master‘ be a Federal Judge ( Aileen Cannon) that he himself nominated while he was president and

 I'm not making this up!😁


  4. by HatetheSwamp on August 23, 2022 9:47 am
    As is quite obvious, in desperation Trump is throwing everything has can against the wall hoping something sticks.

    Really? You honestly think so? The sense over here is that Trump's done almost nuthin so far.

    Requesting a Special Master? That's a desperate act?

    What Trump proposes now is that our Justice Department, the FBI, and the filters who have no role in the investigation itself are all corrupt.

    No, no, no, no...no no no no.

    What Merrick Garland has done is without precedent in our entire history.

    Trump is not PROPOSING anything. He's asking for an objective observer, outside of the Executive Branch, to oversee the handling of the document seized.

    If you think these are acts of desperation, I hope Trump does, at some future time act desperately.


  5. by HatetheSwamp on August 23, 2022 10:17 am

    BTW, I'm listening to Clay and Buck, the show that took over Rush's show.

    Buck's off for the day. Clay's been commenting on the NYT article. Clay's sharp. Next to that gay Guy Curt never heard of, he's the sharpest voice I know of on right wing talk radio. The gay Guy is anti-Trump. Clay is very pro Trump.

    Clay's a lawyer and he understands this raid on Trump very well...as a lawyer.

    Clay has three takes on the unprecedented raid.

    1. If the NYT story is bang on, there's nuthin about J6 in the documents seized in the raid.

    B. There's no there there as far as Trump commenting crimes.

    3. Merrick Garland should be impeached for what he's done in this raid fiasco.

    Good stuff.


  6. by islander on August 23, 2022 11:01 am

    Here are some of the nonsense things Trump has tried to throw at the wall so far. None of them stuck so far.I wonder why Lol !!

    Trump says the documents are declassified
    Trump suggests the FBI planted evidence
    Trump says the search was for political, not legal reasons
    Trump says the boxes contained privileged information
    Trump says he was cooperating fully
    Trump says Obama took documents that may have been classified
    Trump questions search of Melania’s closets 


  7. by islander on August 23, 2022 11:05 am

    This is hilarious, I guess this pretty much confirms that Trump (for multiple obvious reasons) can no longer find any good lawyers willing to represent him. This sounds like it was written by Trump himself. Actually it reads like one of his tweets!

    Click the link to read Trump's motion for a "Special Master" !!
    storage.courtlistener.com


  8. by HatetheSwamp on August 23, 2022 11:05 am

    isle,

    From what I know, all of those assertions by Trump or his representatives are valid.


  9. by HatetheSwamp on August 23, 2022 11:07 am

    isle,

    I agree that Trump has not been well served by his legal representatives.


  10. by oldedude on August 23, 2022 12:47 pm
    Isle- "Here are some of the nonsense things Trump has tried to throw at the wall so far. None of them stuck so far. I wonder why Lol !! Bold
    This is just another proof that TDS is real and when we say someone is TDS, it isn't like the sheep calling us racists (which is now just a term of endearment).

    Trump says the documents are declassified
    If the FBI feels documents have been "miss classified," they would feel they are still classified. This is a point I got laughed at about but is a real thing. To the sheep. Buy a clue.

    Trump suggests the FBI planted evidence
    Accusing a department or agency of planting evidence is a common move. Really hard to prove though and without the video which the FBI had turned off, would be hard to prove.

    Trump says the search was for political, not legal reasons
    Given the sordid history of the FBI who ran a completely fabricated campaign against Trump for years, I don't think that is the least bit paranoid. As a matter of fact, Like I have said 3+ times now, he clearly could have had that information in his possession. and that's why the FBI did the raid.

    Trump says the boxes contained privileged information
    We've talked about this, don't you remember? Either executive privileged or client/ lawyer privilege? The Bureau and DOJ admitted there is that possibility.

    Trump says he was cooperating fully
    Until they raided his house, he could say that. It really depends on definitions. That goes to the judge to decide. Not you. Once they raided the house, screw them. They want him to answer a question, or to return a favorite pen or a pair of the agents jockey shorts from Melania's closets? go through my lawyer. Period. Get another warrant.

    Trump says Obama took documents that may have been classified
    So far, he's shown to be wrong.

    Trump questions search of Melania’s closets
    I admit that the 2 hours they spent in the "closets" would give ample time for the agents to carry on the FBI's decades old "crossdressing" fantasy. If I were Melania, I'd be checking the dirty laundry to make a list of what was missing and start checking on the dark web to see who's selling the items.



  11. by oldedude on August 23, 2022 12:51 pm
    And what you have here is an opinion, with no more knowledge of facts than anyone else has. And I take it as that. Opinion.


  12. by HatetheSwamp on August 23, 2022 12:57 pm

    Thanks for going to all that trouble, OD.


  13. by oldedude on August 23, 2022 1:47 pm
    Easy day.


  14. by islander on August 23, 2022 3:02 pm
    It wiould really be difficult for Trump to prove that the FBI planted evidence (conspiracy stuff) since the FBI ordered Trump to turn off the security cameras !! Lol

    Fact, the FBI requested that the security cameras be turned off but Trump refused to do so. In fact, five days ago Trump threatened to release the videos but has since wisely decided, or someone wiser than him told him not to, since it might prove damaging to him..


  15. by HatetheSwamp on August 23, 2022 3:34 pm

    It wiould really be difficult for Trump to prove that the FBI planted evidence (conspiracy stuff) since the FBI ordered Trump to turn off the security cameras !! Lol

    We've been here before isle.

    Trump don't have to prove nuthin. He's the citizen with liberties and a presumption of innocence.

    Not that this will ever go to trial, but, c'mon man, gimme a break, if it did, all Trump'd have to do is achieve reasonable doubt. Proof of this will never be an issue.

    The way the Gestapo ran the search, there's already circumstantial evidence that the Man planted evidence.


  16. by islander on August 23, 2022 4:08 pm
    I f Trump makes an accusation that the FBI planted evidence, then he absolutely would have to prove it. What I was referring to in my post went right over your head. Read the rest of the post and you might get it . Lol


  17. by HatetheSwamp on August 23, 2022 4:13 pm

    I f Trump makes an accusation that the FBI planted evidence, then he absolutely would have to prove it.

    If it's in his trial and he's claiming that he didn't put that there, it seems to me that Big Brother would have to prove he did.


  18. by islander on August 23, 2022 4:41 pm
    This isn't a trial and even in a trial the accussed can't just say, Joe killed the guy I'm accused of killing so I'm innocent and then just walk away even though there was no evidence that Joe killed the guy. And in this case, the FBI did not turn off the security cameras so the search was filmed and there is no evidence that the FBI planted any of all that evidence demonstrating Trump's guilt. That's why Trump just saying so wouldn't hold up in court.


  19. by oldedude on August 23, 2022 8:26 pm
    "I f Trump makes an accusation that the FBI planted evidence, then he absolutely would have to prove it. What I was referring to in my post went right over your head. Read the rest of the post and you might get it . Lol"
    If you had read my post, you would see that I agreed with you. Oh. Yeah. TDS.

    This isn't a trial and even in a trial
    Interesting, because you're hoping it is. And you treat it as such. You're not interested in due process or availing the accused of any of the rights you might want to have as an American citizen (if you are) This is very much a trial in a monarchy, maybe France where the guilty have to prove innocence (illegal in the US).

    And in this case, the FBI did not turn off the security cameras so the search was filmed and there is no evidence that the FBI planted any of all that evidence demonstrating Trump's guilt.
    Proof? You know I'll accept it if you can show it from a "reasonable source.

    Fact, the FBI requested that the security cameras be turned off but Trump refused to do so. In fact, five days ago Trump threatened to release the videos but has since wisely decided, or someone wiser than him told him not to, since it might prove damaging to him.
    During the invasion of his house, DOJ demanded to turn off the cameras. Which was done.


  20. by islander on August 24, 2022 4:49 pm

    The real question is, if Trump has the tapes are they any good to him ? What could he do with them

    “Yet when asked earlier this week by Fox's Sean Hannity whether the footage would be released, Trump's son Eric said, "Absolutely Sean, at the right time. 

    Some of Trump's aides and allies have encouraged the former President to make some of the footage available to the public, believing it could send a jolt of energy through the Republican Party's base. One person familiar with the conversations said there have been discussions about featuring the August footage in campaign-style ads, believing the footage could bolster Trump's claims of political persecution.

    Another person close to Trump said it's not a matter of if the former President and his team release any of the footage, but when, noting it could be released before he makes a campaign announcement.

Others in Trump's orbit have warned of the potential risks to the former President if he does release the tapes. A second person close to Trump cautioned that releasing the footage could backfire by providing people with a visual understanding of the sheer volume of materials that federal agents seized from his oceanfront residence, including classified materials."


    cnn.com


  21. by oldedude on August 24, 2022 8:22 pm
    Yet again, there's a lot of "what if's" and nothing substantial. What if pigs could fly and liberals could reason?

    My biggest issue is yet to come. Notice that I don't predict an outcome of worry about the "what if's." What felony did they have reasonable "probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The rest of this will iron itself out during the trial. If all this is for the J6 committee, I'm very afraid of the status of the Republic being able to withstand that violation. If it's just for the National Archives, it's a misdemeanor. Big oops.

    My bet, this won't even start until after the elections. Maybe 2024...




  22. by Donna on August 24, 2022 9:49 pm
    Trump shoukdn't have been in possession of any of those documents. They're all property of the US Government. We The People.

    Trump believes they all belong to him. Because he's a nutcase. A sane person wouldn't think that.


  23. by oldedude on August 25, 2022 4:20 am
    It's a misdemeanor. NOT a felony. Period. Something we've gone over and over again. You're basing a violation of the fourth and sixth amendment (which is what a warrant does) on your TDS. I know you don't care about the law, but I've been harping on this a lot. IF the issue is he took things out of the National Archives, it's a misdemeanor. Like Sandy Berger, working for cliton.

    "Fifty-eight year old Sandy Berger, the former National Security Adviser under the Clinton Administration, illegally took classified documents from the National Archives on more than one occasion. During his visits to the Archives, it was determined that Berger folded the documents in his clothes, walked out of the National Archives building in Washington, D.C., and placed them under a nearby construction trailer for retrieval later on. Two years later Berger was sentenced to 100 hours of community service and probation and fined $50,000. He also had to pay $6,905 for the administrative costs of his two-year probation. Berger also lost his security clearance and license to practice law."

    "Former national security adviser Sandy Berger removed classified documents from the National Archives in 2003 and hid them under a construction trailer, the Archives inspector general reported Wednesday. The report was issued more than a year after Berger pleaded guilty and received a criminal sentence for removal of the documents.

    Inspector General Paul Brachfeld reported that when Berger was confronted by Archives officials about the missing documents, he said it was possible he threw them in his office trash. The report said that when Archives employees first suspected that Berger – who had been President Clinton’s national security adviser – was removing classified documents from the Archives in the fall of 2003, they failed to notify any law enforcement agency."

    archives.gov
    outsidethebeltway.com


  24. by islander on August 25, 2022 6:26 am

    Two problems that I see. Violation of the forth and sixth Amendments are not what the Warrant does and the crimes Trump is being investigated for are not misdemeanors.


  25. by oldedude on August 25, 2022 7:10 am
    "Two problems that I see. Violation of the forth and sixth Amendments are not what the Warrant does and the crimes Trump is being investigated for are not misdemeanors."

    Like I said three times before this one. All warrants are seen as an exception to the fourth and sixth amendments. When you do these, anything outside of the narrow parameters is considered a violation of those amendments. So as you write the warrant, the court requestor and the court must make sure the exception is as small as possible. Had you not read the other posts, this sounds like I'm calling this warrant a violation. The fact is that all warrants are considered a legal violation of the amendments and therefore must be as narrow as possible. The issue of this warrant exceeding those perimeters hasn't been mentioned in court. So as of now, it is a non-issue.

    What are the charges? Please be specific, and cite.


  26. by HatetheSwamp on August 25, 2022 7:22 am

    OD,

    Doesn't it strike you that the progressives here care so little about individual liberty?

    My guess...only a guess...is that don't want Trump to have rights but, if say, Ron DeSantis is elected in 024, and his AG does to the Former Truck Driver what's been done to Trump, they'd be ready to join the riots.

    There's a reason I think of them as Good Germans. If Jews can be stripped of their rights, you can, too.


  27. by islander on August 25, 2022 10:46 am

    “all warrants are considered a legal violation of the amendments!” ---od

    Nonsense !

    A legally executed search warrant is NOT a legal violation of the law...Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.

    Trump has not been charged with a crime and is not on trial so the Sixth Amendment has nothing to do with the legally executed Mar a Lago search warrant...


  28. by oldedude on August 25, 2022 2:01 pm
    Doesn't it strike you that the progressives here care so little about individual liberty?

    My guess...only a guess...is that don't want Trump to have rights but, if say, Ron DeSantis is elected in 024, and his AG does to the Former Truck Driver what's been done to Trump, they'd be ready to join the riots.

    There's a reason I think of them as Good Germans. If Jews can be stripped of their rights, you can, too.

    Before I saw your post, I actually felt that way and said it in different words. It's almost like Griner. She actually waited for the Russians to "read her rights to her." If I wouldn't have had a bourbon right then, it would have been all over the room.
    I agree with the riots. They've already proven that at an instant, they can firebomb offices, and set fires to police precincts along with murdering store owners that are just trying to keep their family business alive. It's a very short step from this to "re-education" camps.

    "Nonsense !
    A legally executed search warrant is NOT a legal violation of the law...Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law."


    You've never answered me if you're from around Ottawa. I'd really like to know. It would make so much more sense in these stupid conversations.

    And yes, that's how you treat a warrant. I know you don't believe this, but the Constitution has to be followed more than the warrant. And you just said it a different way, and damn near quoted me. So. Do us a favor. Fix your cranial/ rectal inversion.


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