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Trump's lawyers are again asking Judge Cannon to throw out the classified-documents case against him, this time because they say the FBI did not document the precise order in which documents were found in the boxes the government seized from Mar-a-Lago. storage.courtlistener.com/recap/gov.us...
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Trump's lawyers are making the argument that he didn't know there were classified documents strewn among his other papers. Which would seem to run contrary to their argument that he declassified them or designated them as his personal property.
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Wait, you mean the serial lying convicted felon, couldn’t just think in his own mind, that the classified documents were unclassified, and make it so ? Is that what you’re telling me?
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I guess the real question is whether Judge Cannon claims to see some novel and unanswered questions in this motion and adds another 6 weeks of delays to consider them.
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Completely insane argument even by their own unusually low standards bsky.app/profile/pwna...
Your honor, if the document order is forgit, you must acquit
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They do at least cite a case where failure to preserve evidence in the original form led to dismissal. But it still seems like more of a thing they could argue at trial to contest the government's case.
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Here's the case they cite: scholar.google.com/scholar_case.... it's pretty clearly distinguishable: There, the gov't basically destroyed all the physical evidence without making any record of what it was. Here, there are lots of scans, photos, lists, etc.
US v. Soriano, 401 F. Supp. 3d 396 - Dist. Court, ED New York 2019 - Google Scholarscholar.google.com
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I'm actually more sympathetic to this arg than any of their prior ones. Though partly bc Hur's case against Biden should have relied on doc order in That One Box In His Garage, and FBI fucked that up too.
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to point out one of many pieces of evidence that don't fit with this narrative: classified documents were found in his fucking desk.