T'he Day In Performative Litigation

Special Master to Trump lawyers: “If the government gives me prima facia evidence that they are classified documents, and you don’t advance any claim of declassification, I’m left with a prima facia case of classified documents, and as far as I’m concerned, that’s the end of it,”

— Ana Cabrera (@AnaCabrera) September 20, 2022

IOW: evidence is evidence, and non-evidence is…nothing. And as Lear said: “Out of nothing nothing comes.”

And trying to say they can't produce the evidence they need to prove the claim they brought, but you can't hold that against us because we can't incriminate our client, is not exactly the legal argument of the ages:

NEW: Special master in Trump Mar-a-Lago docs case chides Trump lawyers for declining to produce evidence of declassification. Judge Dearie: 'You can't have your cake and eat it, too.' More from Brooklyn. w/@kyledcheneyhttps://t.co/urQaYOP1F7

— Josh Gerstein (@joshgerstein) September 20, 2022

But Trump's entire case is built on eating his cake and having it, too. His argument now is that, by putting his pen to paper, Trump renders all documents his personal property. Isn't that enough?

If you write notes on a top secret classified document (which really makes me shudder) or take notes on one, those notes stay in the SCIF you're using. You don't get to take them with you, because....they're classified.

— Joyce Alene (@JoyceWhiteVance) September 20, 2022

Which is why Trump declassified them, but he can't present evidence of that because it might harm his criminal defense later, so you just have to believe him that the documents are his and he should get 'em back!

Yes, in essence, that is Trump's legal argument before the Special Master right now.

You really don't have to be a lawyer to know it doesn't work like that.  You do have to wonder about lawyers who would try to make those arguments in court.  Yeah, and about any Judge who would take them seriously.  And I don't mean the Special Master.

We’ve reached the stage where performative litigation includes filing pro-se-style rants in strangers’ cases. https://t.co/9xhZzciNk2

— ResponsibleDispatchHat (@Popehat) September 20, 2022

Ken Paxton isn't ashamed because you can't shame a whore.

He’s so close to getting it… https://t.co/XFVqTeHGOv

— Steve Vladeck (@steve_vladeck) September 20, 2022

And why, Mr. Turley, wouldn’t they present that evidence?  No, don't tell him!  Let him figure it out.  Let's go away quietly so he can.....