I’m Trying To Make Sense Of This…

Brief -- which is to keep an expansive ambit for Special Master because Trump doesn't trust the government -- ends with saying that they...trust the government to be "judicious" to use docs for the purpose of a nat sec review even if that incidentally yields criminal evidence pic.twitter.com/8CBERm7dDJ

— Asha Rangappa (@AshaRangappa_) September 12, 2022

...from people I respect on Twitter, rather than reading the pleadings (life’s too short to waste on Trump’s pleadings. In a proper court this mess would have been tossed before DOJ got involved). This turns out to be a big mistake.

In any event, the declassification red herring is obscuring the main (new?) argument that Trump is making: He's claiming that he categorized ALL of these docs as "personal records" while he was president so they belong to him, not NARA. This is the crux of their position pic.twitter.com/8RMi0Jv9Sj

— Asha Rangappa (@AshaRangappa_) September 12, 2022

See what I mean? That’s just dumb. EOD.

Trump claims that he has the right to restrict access to his presidential records (to DOJ, presumably). Oops! That part is addressed by the PRA, which makes an exception for restricted access for ongoing criminal proceedings or incumbent President's business (i.e., nat sec) pic.twitter.com/AKF1dPUw8F

— Asha Rangappa (@AshaRangappa_) September 12, 2022

I’m quoting all this just to get to the issue of the PRA; and the stupidity of Trump raising it. And for one specific reason. The PRA requires that any dispute over documents covered by the PRA must be filed in D.C. federal court. No discretion, no alternative.

Trump’s lawyers, if they did raise PRA as an affirmative defense (see above; I’m assuming at this point), just blew a hole in their boat big enough to sink it. If this case raises questions of PRA enforcement, it has to be removed to D.C. Even if he isn’t explicitly raising it, that’s how the relief he seeks is allowed under law: the PRA. Either way, he’s screwed.

If Cannon doesn’t dismiss now for lack of jurisdiction, the 11th circuit is bound to.

Which is the last things Trump wants.