Judge Cannon Orders Trump Lawyers and attorneys for Walt Nauta, to Obtain Security Clearances
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and who exactly gives these security clearances? what happens to the defense if they are denied clearance?
It's the same security clearance process, if you worked for NSC or the DOD.
When the search warrant was carried out they had to find FBI agents with the proper clearance level.
Your second question is a really good one.
Perhaps they could only discuss/review the evidence in a non classified way. Even some classification markings are classified. I believe for TC/SAP documents, or special access programs, the program name is a codeword and that codeword can be classified.
It appears that she isn't going to throw out the case.
If she threw out the case 2 bad things would happen...
Maybe because we need it for a little bit longer, to prime the normies for what will REALLY come from it.
She has to go through all the process or they will scream.. they will of course scream anyway, but at least there won't be any "appearance" of a fix...
Imma wait a bit...
Sounds like she is clearing obstacles, but for whom? Prosecutors or Defense, they both could use no clearance in their favor.
Prosecution will have clearance. There's a division in DOJ that deals with stuff like this and they are involved in the case.
Theoretically, members of Jack Smith's legalized lynch mob had to have 'em to be on Team Commie to begin with.
This is standard in any case involving classified information. There is really nothing to see here. This is just the Hofts normal sensationalism.
Why are security clearances necessary to see unclassified documents?
My guess?
Discovery. Documents they MAY come across from the other side.
The indictment lists 31 documents that certainly going to be part of discovery.
Just found a good explanation of how cases like this work.
Before the trial CIPA applies
Apparently the courthouse doesn't have a SCIF, but a building close by does.
Maybe so no one can say the judge didn't do her due diligence to make sure the trial goes by the book, no one can say she allowed classified information into the courtroom without making sure the lawyers who view the information had clearance. Whether the information was classified or not.
The DOJ claims the case involves classified documents. That's the basis of the indictment. There's a section in the indictment that lists each document and its classification marking like TOP SECRET//SI/TK//NOFORN.
The DOJ says this is the current classification status.
I cannot wait for the security camera footage to admitted as evidence, this fuckery is getting old
Some of it already has. The indictment contains specific times and details that almost certainly comes from video footage.
I’m confused. Does this mean the documents ARE still classified? Wtf
Yes.
How do you introduce evidence...Legally??
What the fuck is actually going on here?
I think the Judge is going to open some of the files and let the lawyers read what Trump had stored in his home. Then she is going to ask the Prosecution "What the heck is in this file that needs to be so secret?" If the Prosecution shrugs their shoulders then the Judge might dismiss the case.
And possibly to have Trump's team defend themselves, they'll need the proper clearance to deal with the contents of the documents?
the document had been declassified prior to trump leaving office.?
Yeah that's why I'm confused AF over this requirement....
Basically Trump's lawyers can't even be in the room with the documents until they have clearance.
It seems odd to me that she would force them to get clearances before settling the matters of law: does the Espionage Act apply to the documents in question, based on what the prosecution has stated? Was the evidence obtained appropriately (IIRC they flipped one of Trump's attorneys to turn over written notes from client discussions).
Ultimately it's not at all far fetched that they'd need clearances though. It doesn't read well as far as them being able to mount an effective defense dealing with secure documents when they don't even have clearances.
This boils down to do the documents contain national defense information?
The charge is "willfully retaining national defense information." The indictment rests on the basis that these documents are currently actively classified. (Classification is not used in the Espionage Act because this law was writing before the modern classification system, which is WWII era, was set up.)
But basically if you prove classification, you prove national defense information, so they are connected. The government would have had to provide testimony to the grand jury about this.
This already went before a judge. They didn't flip the attorney. The judge agreed with the DOJ that in this case the lawyer should be compelled to testify about his audio notes. This relates to the obstruction charges. He is still Trump's lawyer on another case. So this lawyer will have to testify at trial.
I'm hopeful this means they are going to allow the presentation of all DJT's crossfire hurricane docs in the proceedings
The judge has clearance by virtue of her position as judge of this case. She will not need to gain clearance.
What? She has has to have clearance if she is looking at classified docs. I know some federal judges have security clearances. Does she?
There used to be a huge backlog in getting clearances (thanks Hillary Clinton!!) but I think they’ve reduced it by not doing active re-investigations of those long-time clearance holders who have a low risk to national security.
So I am wondering how long it will take them. And if they need more than TS (which is likely) that normally takes those in the federal contractor world forever to get! I’m sure these guys will get priority in the queue though as the Trump-haters in government push to get this trial going quickly…
From the article I linked to
A judge hearing a classified documents case, by virtue of their position, is giving the necessary access. Members of Congress also don't need to gather a security clearance, I believe. The President, of course, also does not.
Thanks! I learned something new. Makes sense given their background investigation though. However, there is a flaw in that. They are not subject to periodic investigations like the rest of us. And do they have to sign same document that others do, swearing not to divulge? I haven’t read link as I’ve been running errands but I will!