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Come forth in their pleadings or with their witness testimony or anyone they have been willing to offer under oath who's willing to go on record and say that there actually was a declassification either before or recorded, memorialized after the fact. so it doesn't seem like they actually have facts upon which to make that argument. and i think they are in this difficult position arguing about classification, when really the justification that they offer for requesting a special master to begin with had to do with issues of executive privilege and attorney client privilege, not classified info...

Today, they will make the same request to the appeals court in atlanta. so there is a number of scenarios that could happen here. she does grant the doj what they want, they still intend to appeal her whole order. they filed a notice to do that. but this would give them the latitude to start using those classified documents in their investigation and resume the damages assessment which they say is on hold right now and which is harming national security. she could rule against them and decline to grant the stay in which case they will take it right up to the appeals court. i guess it is also p...

Special place. because donald trump had no right to them. they are not his personal records. they're government records. there's no possible claim of attorney/client privilege, the justice department is saying. though the judge held out some theoretical possibility that some of them could be covered by executive privilege, the justice department says, even if that were true, the nixon supreme court watergate case says a criminal investigation holds sway here. we need these documents. interestingly, in this request to the judge to stay, part of her order, there is an affidavit from the head of ...

Before, that they are very, very high-level, highly classified documents found in mar-a-lago, nuclear secrets are among the most closely held in government, of course. this is consistent with what's been held out there, but with more detail i wonder how it's getting, out and who is leaking it. i think it's problematic that those are coming from inside the government. but in terms of the government's case, listen, this is the kind of document that you would charge a case about, and it's not a document that will be subject to any sort of executive privilege or attorney client privilege. you thin...

They should be able to find someone who can do this and the request he is which of these saps do they need to be read into to even look at these classified documents which inherently are not subject to executive privilege or attorney/client privilege. we can just put that aside, but the special master in theory would look at all of them and would need to be read into some of these very fightly held compartments. >> david, in the doj filing it made last week one of the things things it said in its filing was that they had retrieved documents that even its own agents did not have clearance to lo...