This is what happens when your reputation is so bad all you can get for legal representation is the bottom-feeders who found their law licenses at the bottom of a box of Cracker Jacks.
Judge Dearie, aka “the special master,” left the legal eagles of El Jefe Del Marde A Loco pretty disappointed in today’s hearing.
U.S. District Judge Raymond Dearie for the Eastern District of New York surprised them by injecting normalcy into FPOTUS’s civil case against the Justice Department, chastising El Jefe’s attorneys during the hearing, which was held in federal court in Brooklyn, for refusing to produce any evidence that the records seized by the FBI had been declassified, remarking at the opening that Judge Lucy Cannon had ordered him to assess a motion from Trump for the return of seized property and noting that, “it has not yet been made.”
"This is not a criminal case. The plaintiff has the burden of establishing his right to relief," Dearie said, signaling early on that the Trump team would face an uphill climb.
El Jefe attorney Jim Trusty (boy, there’s an ironic name, huh?) told Dearie, “I follow directions, I do what I’m told.” He then said he wanted to examine the records taken by the government as he decided whether to make that assertion.
“You can’t have your cake an eat it too,” Dearie told him.
Oops!
Dearie exhibited skepticism of the classification arguments made by El Jefe’s team elsewhere in the hearing, repeatedly asking them versions of the same question: “If I’m going to verify the classification, what am I looking for?”
Trusty suggested Dearie should not rely on “he-said-she-said prima facie evidence,” objecting to the idea that El Jefe should have to claim the records were declassified, instead demanding repeatedly to “inspect” the records taken by the FBI, claiming he couldn’t fully claim that the records needed to be returned without inspecting them.
Julie Edelstein, deputy chief of the DOJ’s counterintelligence section, told Dearie at one point that some of the records seized were so sensitive that “even members of the investigating team have not been provided clearances” to view them. She later referenced that comment, saying that the government’s position is that classification is an “executive branch determination only” while reiterating the “need-to-know basis” for classified info, in reference to Dearie’s earlier remark that classification is provided on a “need-to-know” basis — “if you need to know, you will know,” he said.
Trusty replied that it was “astounding to hear the government say the President’s attorney doesn’t need to know.”
“I didn’t hear her say that,” Dearie replied.
“We have a need to know,” Trusty retorted.
“You did bring the lawsuit and make that claim,” Dearie said. He finally concluded that his only option was to accept “prima facie evidence” of classification from the government.“That’s the end of it.”
At times, it felt like Trusty wanted to convey that Trump was still, somehow, in office. At one point, he attempted to dissuade Dearie from implementing a point in Cannon’s order that allows the Special Master to consult with the National Archives, calling the archives a “highly politicized” organization that had affixed a trigger warning label to the Constitution, among other things.
The amazing thing is that these morons asked for Dearie after convincing themselves that his involvement with the FISA court and the Carter Page case had turned him into an anti-Deep State zealot, or an “FBI-skeptic,” as the Trumpers described it. That is now shown to be quite a silly surmise, to put it mildly.
Now they’re finding out that he’s your average federal judge, who goes in with the assumption that classified documents are classified rather than owned by former Presidents, not one who assumes the FBI is run by Antifa.
And what’s hysterically funny about all this is - it’s all being done on El Jefe’s dime! He’s on the hook for the whole cost, and the federal government has more options in the case of non-payment than Polish contractors brought illegally into the country have when it comes to full recovery of every penny.
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Ya know, I’m not an attorney, nor am I a particularly deep thinker. I do, however, have a moral compass, which is something that the troglodytes in the RepubloQan sphere seem to be completely without.
I know I can say this here: What. The. Actual. Fuck?!?
Dearie is playing chess.
Merrick Garland is playing chess.
El Jefe is playing with himself.