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Major Legal Win for President Trump

Sekulow Radio Show / Jay Sekulow & Jordan Sekulow
The Truth Network Radio
September 6, 2022 3:15 pm

Major Legal Win for President Trump

Sekulow Radio Show / Jay Sekulow & Jordan Sekulow

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September 6, 2022 3:15 pm

A federal judge yesterday granted President Trump's request for an independent special master. The special master will be a third-party assigned to review evidence seized by the FBI in their raid on Trump's Mar-a-Lago home that may be covered by executive privilege or attorney-client privilege. Jay, Jordan, and the Sekulow team break down the ruling and what it means for the case moving forward. This and more today on Sekulow.

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Now you call what would zero in what is idea bigger victory for Pres. Rob that is really actually been reported so far this happened yesterday, so again on Labor Day would not a lot of people obviously watching the news or analyzing the dues, but the judge the case for granted are the Trump legal team's request for special master. What this does is sing more significant, even the special master itself because of where the FBI Department of Justice. The investigation is there's a lot to break down here to take your phone calls to help you through this continuing complicated legal process at 1-800-684-3110. It's 100 684 31 to because this is a bigger deal than the medial is reporting.

Also some of the facts that are now allegations but there in the Dr. themselves. We got for the part of justice, of how the FBI did not handle these documents correctly the first place. They did not, in fact, as we will get to we break this down for you documents that were noted as privileged either attorney-client privilege and probably not case attorney-client release was a new thing executive privilege applied.

The judge takes a very different view. But I will tell you this, and this is what so I think interesting about this is the fact that that information that was privilege was shared with the investigators, which is exactly why you have a taint team to not do that for me to get into the specifics of this but they actually showed the information to the investigators. I gave them the information and at least two occasions so but let me start with what the judge said here. The judge said that you had to be mindful of the need to ensure at least she said the appearance of fairness and integrity under the extraordinary circumstances that were presented so the court authorize the appointment of a special master to review the seized property for personal items and documents, and potential privilege. Subject to both attorney-client and or executive privilege.

The government argued that there should be no special master review of executive privilege material that was material letting the President may have had when he was President and this judge said no that issues not been addressed and finally adjudicated by this report yet there's enough there to say you can't do that.

She also stop the government from utilizing this information for the purposes of their investigation so they can continue to investigate what they can't do is take the information I gathered from this search and use it in a grand jury proceeding or anything else.

So that's kind of the scope of what's happening on meaning to the specifics of bugs, some of this I tell you is pretty breathtaking.

The fact that the government once again cannot get even this right. This shows you how bad this valuable little Littles okay so it's up I went through the order page by page. If you get to pages 14, 15, 16. This is what ever we do this because process shows you how dangerous. What is happening here really is an unprecedented so it says that the judge says, as reflected in the privilege review team's report, they give a lot of the privileged documents. They said that the investigative team has already been exposed to potentially privilege material and then she said, without delving into the specifics on at least two instances in which members of the investigative team were exposed material that was then delivered to the privilege team and following another review designated as potentially privilege. She then says even accepting the government print premise. I get up with the premises in the next segment. She says there is no explanation how qualifying material ended up in the hands of the investigative team when it should've been maintained by the tape and filter team that is the critical part of this post, and that's why this is a major victory for the President and his lawyers form present as lawyers on this again stop the investigation as relates to documents doesn't stop investigation as relates to overall effect. Yes, I gathered that is probably the most significant part within is already an FBI admission, they don't get into great details, judge notes, they messed this process up the party. If a member that their whole argument was work done process may be going that fast rushing through is the reason why is now special master be right back on second the secular were tearful close to others.

1-800-684-3110 2064 3116. I usually will not play Andrew McCabe's take on anything. The FBI's up to. But I he does admit when they lose what it means to take a list. This is CNN and Andy McCabe on the significance of the special master to get this just happened yesterday. You might just be here this there's a diving into some of the legal processes behind this and what it means meticulousness online. Andrew is this a win for Trump in your view of no question is a huge win for trout are primarily two reasons right strategy here so strategically and strategies to play for delay and he gets that either with appointment of the special master or intentionally even much larger delay. If the government decides to appeal this ruling, the much larger delay. There she circulated some highly complicated privilege discussion, which I battled all the way the sprinklers executive privilege.

There's there is Presidential privileges that play happy there to attorney-client privileges apply here yet. This is also this busy all the privilege than courts haven't waited and probably are reluctant to weigh in if they don't have it and I think so and what's interesting here is the government asserted a couple things I want to go through first multi-here's what the judge did the judge said because of the appearance of fairness and integrity being required under the extraordinary circumstances of this case that the special master should be appointed so the court authorized the appointment of a special mass for the court also temporarily enjoined the government when we did exactly for you from reviewing and using the seized materials for investigative purposes. Pending the completion of the special masters review or further court order so you have those two things, then the judge trace the history of the case. What's interesting that she says the government contends that after further investigation.

The FBI uncovered multiple sources of evidence indicating that the responses was the May 11 responsible grand jury subpoena was incomplete and this goes to the fact that they were in ongoing negotiations over these documents. But then the critical aspect of this. I think the most telling aspect of this in about the thing you have to be always concerned about the government concedes this is on page 13 of the document. The government concedes that the seized property included personal effects 520 pages of potentially privilege material and at least some material that is in fact privilege so that's what they they noted at the outset, and by the way of the 500. They also got documents involving his taxes for the President's taxes and tax returns which interesting that that is it's well-known that the presence been underwater with the IRS for a long time, and the idea that the department just as they went in under the pretext of the search warrant that they had for this privileged or this national security information from the national archives but invent also grab tax information is ever grabbing everything. Let's be clear. But here's what's critical okay and this is what the judge really gets into this, the government, since she says to begin the government's argument assumes that the privilege review team's initial screening for potentially privilege material was efficient, so that was what the government argued that that what they did was sufficient for the purposes of screening this out.

Then she says, yet there is evidence from which to call that premise in question. Bring it to you from the opinion itself. We broken this down. She said, as reflected in the privilege review team's report they put a report of what's privilege. What's not. She said the investigative team already has been exposed to potentially privilege material with that means is that that investigative team, which should not have gotten that material was given the material that was privilege material.

Then she goes without bill, the judge says without delving into specifics investigative teams in this. What's so interesting of the privilege review report indicates at least two instances in which members of the investigative team were exposed material that was then delivered to the privilege review team and following another review designated as potentially privilege. The judge then says those incidents alone yield questions about the adequacy of the filter review process now here's the next part of the novel will talk about this. Then in footnote 13, at 300 footnotes folks as we do his lawyers. It says in explaining these incidents of the hearing. In other words, the incidents when they taint team allowed the investigators.

Those are two different teams to review this information. Since counsel from the privilege review team characterized them as examples of the filter process working not think about that for a moment documents that were filtered out as tainted or potentially tainted were not normally then given to the investigators but in this case they work but they said that's the that shows that the process was working. This is the Department of Justice argument. This witness is broke so absurd.

The court is not so sure this which he writes these instances certainly are demonstrative of the investigative team trying to return potentially printed material, but they also indicate that on more than one occasion the privilege review team's initial screening failed to identify potentially privilege material brother the government's other explanation that these instances were the result of adopting and overinclusive.

You will potentially privilege materials out of an abundant car consonant words we said things that were privilege that may not of been just to be cautious. She says that does not satisfy the court either this which he says even accepting the government's untested premise. This is a real rebuke of the department of justice. The use of a broad standard for potentially privilege material does not explain how qualifying material ended up in the hands of the investigative team.

Perhaps most concerning is the filter teams report does not indicate that any steps were taken after these incidents of exposure to wall off the tainted members of the investigative team total failure and collapse of the Department of Justice process complete failure and collapse of what the Department of Justice was doing here and they went into court heavy-handed and came out admonished guy that that's why that they now the situation and people are asking to who selects the special mass facility in the court into the opinion each the both parties get support for like a list of people that cultivates up to the judge yet so the belt she's giving till Friday. The judge is going to Friday for both parties to agree on.

Usually, a former judge that has security clearance work and get security clearance quickly if they don't agree. By Friday, the judge will appoint the person in that process then is you go document we done this before is document by document and I got in on behalf of the President before its document by Dr. this person doesn't have like a giant staff of Dell usually give them some administrative staff knowledge. The Lord works in the butt, but nobody misses this is now the government is talking about the possibility of appealing this job people To because of that, the idea is that if you don't. This process is completely change in like it talks about like you're just reading this takes their hands and we divorce now control the evidence. Whitman judge Nelly may lose control of the evidence judge that they cannot use this evidence at any of their proceedings right now this this is so that's why this is a significant when there's a lot more to go through are also getting calls coming in 800 684 30 went in one thing: shirts arguments on the alligator with Sheila in California online.

One hey Sheila, I Text. Total document all over the place all over the media. Currently still worried or classified alchemy and skill: clarify what they don't show the contents of the documents liquidate that dental publicity photo stunt was like if you get a drug bus and you put up all the paraphernalia that you got on a drug bust that failed they got roundly criticized for that politically something else. This judge said which goes right to the heart of this folks. She says on page 16 of the opinion concerns about the perception of fair process or heighten here where the privilege review team in the investigative team contain members from the same section with in the Department of division Department of Justice division, even if they were quote separated for reporting purposes, and then she quotes this prosecutors have a responsibility not only see that justice is done, but also ensure that justice appears to be done that to the appearance of this is a problem. So I judge God could totally correct here in the government, I'm not. I mean, think about this.

Folks the government here has a taint team set up, but a review team but yet documents from that review team end up in the hands of who the investigators and that was not supposed to happen that we go to the stress factors with the FBI with apartment justice.

This speaks to a directly again another time there caught red handed with the cutterhead indicate its appears and that's what the judge said you could say this is accident but does not say look that way to to that to outside service of this idea that what we have such a vigorous process that we we catch our own mistakes or you got caught right and and someone on that team said hate. We should have this answer. Just like we heard about your there's these there are individuals in the FBI try to do the right thing.

And here they were coming from the same division. That's the weird part of me. I think that this is all a good lesson for people to understand why we talk about the mistrust the FBI, such as to mistrust to mistrust the government it's these kind of examples that make people so angry that judges point out to the issues, why not have a separate team at Siamese epic there so big there so many bureaucracies of her team in place yet that these the same investigative tapes say people should have a raw office single time on this is involved, the former President, let me tell you what we'd like you to do folks there are a lot of you do will really stay alive during the break unit} they live okay severe on any of our social media platforms were in the same way like I want to go through some issues to clarify some things. You have a good understanding if you're on Facebook share if you're on YouTube.

It's thumbs up if you're on rumble. It's plus year and alert share the speed with your group very important. Got a lot of you watching right now, we encourage you to do that worry me taking a break from for radio audience. You have a two minute commercial break for our our social media viewers and television viewers working to stay alive and wording take more calls at 800-684-3110 everybody right now would share this with your friend if you're on YouTube that thumbs up very very important to do that we need to do that right now. Same thing with rumble. Same thing with Facebook and that's 100 681102. Try to give Zeus a people come out of the fog of the long weekend and this idea of a special mass, which was already discussed a lot in the news was played down because everyone expected the government to come back and say after two weeks later would we done a document review of this is now the investigative team. What came out of that. Is it in within those two weeks at least twice in the judge about going into great detail the government and go to great delete either they messed up privilege so that his whole team in place. This was to go through the first set of documents for the criminal investigative team listed documents to take out the documents that would cause them to basically be tainted. That's the word that we can start to see things they shouldn't see that they don't have the privilege to see that would be protected by the attorney-client privilege when writing about executive privilege and there's a lot of discussions here back. Mary Ellen is pointing to this online to someone who the skunk is. This does get hard about where this all starts with these privilege discussions jump online to a male will value. Dr. Mark found I had the opinion highlighted that it I don't know exact exact words that essentially, the lighthouse had ordered they were involved in this in online admin town. I found nothing about a leading senior nearly and then what's his name Mary Gallant.

I was the one who was the one who justice the Atty. Gen. He knows that he in fact authorized the obtaining of the search warrant. The White House can't claim we'll know anything because he actually tried to waive the former Presidents executive privilege.

She's going to, which is set as it is Dr. refinancing the current Pres. Biden said no more, no privilege of this data waived executive and the question is of the judged Institute.

These are all questions not been decided by Cornell that Brett cabin on the recent opinion thought that executive privilege may well apply apply to a former President that the current occupant of the White House doesn't get to waive it, but all of this comes up in the now. The contact slogans joining us of this at the populace that people viewing and listening the American people trying to absorb this and you realize something really bad happened here. Yeah I think so. And when you have the news media the way it is. A lot of these things get swept on the rug and you're even hear about them. I think the new story headline they make it easy to understand as possible. Sometimes the easiest thing is to tell people hey the special master was aborted, but what they don't say these details that you all have uncovered. I think that's a much bigger story that should be the story were hearing, which is look this is a ago when we said it's a major victory for the truck But it also doesn't come without faults doesn't come without problems and that is that the truth. Every time in the situation. Yes, every single investigation that is gone on in the former President has had irregularity. Let me be clear and we know irregularities from the moment the investigation starts until they end up concluding here you had. We can retrace it. They go Mama guy that's involved in all these investigations got all this antitrust up a business FBI assistant director of the field office in Washington DC, Special Agent Tebo. He is one initiates a lot of his NEP's Welch is the hundred bind investigation. It's all going on and in the election. Okay, 20, 20 then you have this investigation start to get behind partner, just as go to a judge or magistrate who had on his Facebook page is social media antitrust statements just right before he became a magistrate judge, but they go to him, then the information they grab everything including stuff in the bedrooms and all this okay now they've acknowledged that included personal information tax return information attorney-client information and over 500 personal ones that have nothing to do with anything that they spew the pictures out Logan as if those pictures were exactly how the former President left the documents that got them a lot. It's getting a lot of flak for showing about what those pictures just like a drug bust. Yeah, I think a lot of people took that different ways.

Some people saw that and said a look at maybe it's mishandling with some examples, the photos I took today just throw them around. Take photos of people similarly know the answer to that but we do know that it seemed illogical.

I find that I could fill it is not the day-to-day date. They decided that photo to make up her phone. So this is like people don't trust them because it's like okay so so what had something why did you go to the next level to defame the person or disparage the person you have brought charges against them. So you make everything look like yet it like you found in this. It's like you want to know something nonsense or something else. If this is not as if they said it was in a carton.

They took that effort fell apart.

Then with the ring on the ground. Yes, they're the ones choosing this camera angle and is the reason why people don't respect right now these federal law enforcement divisions because the same data reported this news. They reported the same like your type at the same FBI guys are interviewing hundred bind's business partner who turned out hundred bind and turn on the Biden family and they literally is the headline here is squelched or is it. Is it just your buried head Intel is the FBI hiding information on the that the weather not the court that at the time a President candidate was compromised by the Chinese government and that was the agent in charge and he was the assistant agent in charge that entire field office in the Washington field office is probably the biggest field office and has the most rates now let's try to grab one more call working clear lines that were taking calls, 1-800-684-3110 got another half-hour. The broadcasters try to grab this call before you going come from Georgia online. Three. Hague went combo jerk or in about yes the judge is wondering how contract staff will hear something about a special message better than one sustained by the just, you will actually have proceedings is usually a former judge retired judge and the have proceedings in which you can make arguments about why documents privilege. My document may not be privileged does executive privilege apply does attorney-client privilege apply does not apply to you actually can make arguments before it was the FBI reviewing the FBI in the next 30 minutes I would go back into what that end up looking like here, which frankly, it looked like a disaster. The taint team.

Frankly, was tainted.

The very purpose for which they were set up. They could not accomplish. So the good thing about having a special master and at the same time telling the Justice Department. You cannot proceed with this evidence in your investigative process.

For now, I know she can't take this to grand jury is very very important will take calls we come back from the break at 1-800-684-3110, another half-hour the program but you know that spewing of those photographs only go back to the minute, why did they think that is going to be okay that the American people are can figure that out, because in the quick reaction of the world of social media. It was about mocking the carpet that that's what he got to that. That's what people I think forget that this is a criminal charge against the foreign press United States is what the tribe and it was a guy that lets out is that this about the idea that that that again every step you would think if you care about the country which the FBI should these federal officials care is that you also look at what this makes the country look like. But when you put together the Biden speech with the imagery of that the imagery of that the photograph is if you know you walked in the former President's office Got a bunch of file at all over spew out of the ground with top-secret view notification to be just again, it's because the guys leaving the FBI and women leave the FBI in Washington DC are no good to be totally corrupted by the political process is that's not most folks working for them even if that's what you had the importance say we should have the stuckness of the people I the underneath that group probably find that group that is risen to the top and in doing now to get TV contracts right and educate doesn't matter, they lose a picture. Get the picture.

If I go to court over that is the bigger picture is how you have a start of the left I would take a break will be back with portable decades ACLJ has been on the frontlines protecting your freedom is defending your rights in court in Congress and in the public arena.

The American Center for Law and Justice is on your side, you're already a member thinking. If you're not well this is the perfect time to stand with us, ACLJ.org, where you can learn more about her life changing become a member today ACLJ keeping you informed and now is Jordan secular singularity are close to 100 684 31 two that's 163, 110 were getting into the news like just yesterday the court order out of out of the case of the bilateral rate case for President that a special master which most people thought it was too far. The process and if you just didn't have the specifics it would think that yeah there was that the FBI would come back in the apartment. Justice with exactly what they try to come back with the witches were done with us already were to move in on what they said but with added to it which they had to add to us by the way, we did a couple of times, the same team who was reviewing for privilege information and to exclude that did actually give it over to the investigative team and I like a special master who just be going through this.

To say okay what can the investigative team have they returned to the simultaneous and I guess they can't walk and chew gum at the same time. Evidently not. So I would go through in the next segment.

What this actually how it all plays out in the fact that the taint team actually received evidence they weren't supposed ab but the public reaction Logan and what were getting already on social media has been pretty significant. But let me just say this in the beginning they acknowledge the governors acknowledge that they have 520 pages of potentially privileged material for court review pursuant to the previously approved a filter process that was what they previously did.

That's not including executive privilege. With this judge says may well apply connectors attorney-client privilege, and then it doesn't mention the hundreds of personal documents including articles of clothing tax return information that was also the President, former President's possession that they talk that was what supposedly filter team on and that doesn't explain why the filter team and let the investigative team have it with him and we get into in the next segment but you have all of these happening simultaneously and I think it sending it. If you're concerned about that process. This is just made it a lot worse. Yeah, I think that if value arts or the process. Like you said it.

The details are there have to spend the time to really dig into that because most networks are going to do this. They're not going to spend the time and then that's what we do the show here is a really good fight. Join our luncheon podcast next week is so you have a much better full picture. 360 picture of what's actually happening is very easy lost in the headlines when there's so much going on. Whether it's in a day than the blood red stage of of Joe Biden's last speech over the just happened that only was it four days ago. It feels like a year ago. You know on in the office and you have all different prices that have happened any director to look at what the positives are these the big victory, but then don't be blind to a positive and see what actually coming yet and what it can actually meet now. We got logged when try to grandma calling one weight every gram, 164 3110 to brighten your car line to a bright cool guy President, Billy go after the FBI to get you now can he sue them or any take over again in 20 24th Bayou everybody. Well here's the thing he did sue them. So let us be clear, that's what this was. That's what this loss.

This was a lawsuit which was entitled Tromp okay saving the lives let's be clear what happened is a good question from Donald J. Tromp versus United States of America.

They took him a while but you know, there may been a reason for that. Now I'm I been concerned about that I thought should happen sooner, but maybe they knew about some of the stained information, but it doesn't curate so the President's actions have been fact been a lawsuit initiated to a stop to get a special master and be to stop them from using the information. While the mask special Masters determining whether in fact what's privilege and what's not and the judge granted both of those three come back from break to it as a lesson there and there's Artie been discussions about how more of the bureaucracy could be cleared out. I think we that will help that will be discussion happens after midterms immorally focusing in fact general election because the second half of Joe Biden in the White House.

As a matter what happens. If it is especially that of reclassifying so these folks were put in policymaking so that they can be removed easier by the incumbent presence because if they're in policymaking fish.

They policies that are against the ministry. She think they these the people that are standing in the way the political policies also encourage good ACLJ action.org review to a little bit later in the week. You have until September 12 to take action here, but it's on title IX and pro-life speech to get another attempt by the Biden administration to silence pro-life speech encourage good ACLJ external goods. We need you to take action doesn't cost a thing. We need your way in ACLJ action.org] I think people move tried to move quickly from this issue what it happened a Labor Day to I don't think the significance of this is to be overstated enough by help that poorly. This reflects on the apartment just the FBI and how changes their investigations so significantly takes it out of the realm where that they were continuing their criminal investigation and has to stop.

I think that's that it is is key here is that they have an ongoing criminal investigation is halted by the judge in Florida and and there were multiple reasons to halted one of the reasons we found out that we would've known. Without this process is that the FBI had Artie said already messed up the review process is allowing privilege information to go team that should not have privileged information that was getting through. So I think the above.

If she questions a cause because this is getting into some legal issues that don't always make it a guide to TV. The biggest incident complicate what we want to break it down. Here's what it says. The government system. Page 14 of the opinion that the judge has the government's position is that another round of screening would be unnecessary, which is what they argued.

Then she writes the court takes a very different view on this record, let me take what that means. That means were not just talk about hypothetically. But on this record, it is necessary. It's not a necessary and then she says to begin the government's argument assumes that the privilege refused teams initial screening for potentially privileged material was sufficient men. She says yet, there is evidence from which to call that premise into question here and then she said, as reflected in the privilege review teams report the investigative team has already exposed to potentially privileged materials of the investigative team has already been exposed to privileged material that the taint team allowed them to have. Without delving into the specifics you know why she's not delving into the specifics because classified information that kind of things without delving into the specifics. The Plimmer privilege review teams report references at least at least two instances in which members of the investigative team were exposed to material that was then delivered to the privilege review team and following another review designated as potentially privileged those instances alone yield questions about the adequacy of the filter process then it says in explaining the is is is this came up at the hearing during the hearing, counsel for the privilege review team at the Department of Justice characterized them as examples of the filter team process working the court the judge right is not so sure these instances and then she talked about the investigative team members to return potentially privileged material, but they also indicate that more than one occasion the privilege review teams initial screening failed to identify potentially privileged material. Then she said the government's prison untested premises, the use of a broad banner for potentially privileged material does not explain how qualifying material ended up in the hands of the investigative team. In other words documents that were clearly privilege. According to the government's own view ended up with the investigators and that Logan and Jordan is why people are saying hold it timeout what is going on here is not a common same answer came in from Rob listen to the delay the process to expect it will start seeing a lot more leaks with the documents. The FBI took were. I don't know they have been there. You know that, but the picture situation had me very concerned when they put that out there like they did so I would put nothing by the processes another under the microscope of a judge and a special master yet. I think that that made its prevent a lot of these leaking because the documents were being reviewed by this best gifting. They're not able to move forward with that so that it is the documents they would have to leaker that being taken away from them.

I all of it gets to the fact remember the also we have to be really transparent with this. To be really open, honest, the American people about this and they were already so it but for this filing. I don't think you ever learn necessarily about the issues they had, because they try to do a paper over it is just all this because we have a intensive process and occasionally things get through this is UK. This is unprecedentedly after former Pres. states as a current political figure in the country cases that just a former presidency foster current political figure the country and she you would think with the unprecedented nature they would take unprecedented steps of the treating it later than unprecedented step. They allow the taint team to get evidence into the hands of the investigators is pretty unprecedented, even for them. Yes it just it reeks of the corruption at the FBI and the problematic nature of any of these investigations.

First, for good or for ill is that who, why would you trust the and again this whole idea that were not allowed to question when allowed to question the people we pay their salaries for that we pay the bills. We are the reason why they exist there to protect us from from bad actors whether broader at home and you wonder maybe that's why the these crisis is a happier country with drug crisis immigration crisis is they are at their attention is in the wrong place. Their attention is in national archives documents instead of drug cartels and fennel.

The judge also said that you know the other irony of this and this is what she says is that concerns about the perception of fairness or heighten here when the privilege review team investigative team of containment members from the same section within the Department of Justice.

So even if they were quote separate teams.

They're all part of the same group of DOJ, so they took no precautions in any of this. You had to call a single go to Jim his calling in Florida frustrated a lot of people are generally on their Jim with all the little labor inhabitant a general project on hold to see the get the item in question was not Abraham I said hey did you wait on hold for 30 minutes to get sale on the air but he said, is there any action to be taken prior to the midterms. It seems like nothing's happened when the something big is happened to meet the President's lawyers filed a lawsuit against the department against the United States anyone.

I think that's something that it's just not getting through the people that they don't understand that with this product is its processing. It was, you know, the term special master they don't know these things, including myself and educate yourself to figure out what were talking about. He actually took it out of the hands of the FBI and put in the hands of the special master will be appointed by a judge, so he found the former President filed a lawsuit against the United States of America. It's Donald J. Trump versus the United States of America and he want in the taint team process is stopped and the evidence can't be used right now to grand jury any special masses can be appointed to review all of this and the judges already pointed out that it's been acknowledged here that documents that were privilege were shared with the taint word share with the investigative team that tend to happen and she points out that it also interestingly here amazingly in shocking the Department of Justice is a big organization so as the FBI happens beneath people, investigators, and the so-called taint team to review team out of the same department same division so that tells the whole thing.

So the I know people are frustrated but any I was frustrated. It took him three weeks to do it with the end result was very good, the came on you to cut a counterbalance at this.

It is their likelihood of the DOJ appeals disorder to use air. It is there way to keep this ongoing like this, their talk about Jordan yeah Darius. There was a lot of talk yesterday.

This again is on holiday but but there's a lot of history that this would so significantly slow down their investigation at the have to appeal but I think there's a big question that they start appealing this you get into the other issues which we just keep in which the judge barely touches here, which is all the privilege issues not just the normal attorney-client privilege.

We know, but executive privilege and whether that this waiver of executive privilege by the lottery but could Donald Trump waive the classified.

That is what he did. That is also a question about whether or not the fork that current President can waive the privilege for the former President and also that if that's the case then it becomes a weaponization of by political parties.

Yet, if you came in.

He would always do this to whoever was the incumbent if they were in a different party to try and hurt the wealthy and the judge points out that the justice capital had written an opinion. Call Trump versus Thompson that a former President must be able to successfully invoke the Presidential communication privilege for communications that occurred during his presidency. Even if the current President does not support the privilege claim, which is exactly what happened here concluding otherwise would eviscerate the executive privilege for Presidential communications. So they are stiff. The Department of Justice login enjoyment decide they want to appeal this. This is a Supreme Court case.

Let me tell you what. That doesn't happen in an hour or week or month it would be months. So they got a big big decision here and there is it's a question of whether that that be current occupant of the White House can waive the executive privilege of the previous present. I think that's open for series review right one 800 684 31 two that's 100-684-3110 fatherly talk about.

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According to episode will drop and you guys all under podcast fees and it really. We really appreciate if you went ahead and subscribe because it is all the other day, hundreds of subscriber may be really confused a lot more heading into this lunch and we really appreciate again the secular brothers.com. If you do describe semi screenshot tag week Valencia touches on secularist phone calls to 164 3110 people to questions I would've bought a Colorado online. One hey Bob, I thank you very much for taking my call. I retired 32 years law enforcement from LAPD Everett warranted than on searches like this in the one thing I don't see discussed very much in the media so far as violation of fourth amendment is essentially if you going and you see something you're really not able to see which it sounds like that was done quite a bit.

You start to crumble your entire case when you have a team set in place as a dead cannot just go in and just go take anything you feel like taking without looking at it. It's hard to say what was taken back. It involves but state tax records puts a medical record does more more and more that's going to get into fourth amendment violations, and if you get enough of them. You can literally lose your entire case, regardless of to be a motion to quash the entire indictment that is not been filed yet, so there's not been a move to quash the indictment, the judge says as of right now. She does not see a callous disregard for constitutional rights. But Bob, you bring up a question which is the another series of motions I can be filed which would be to quash the entire it. Basically, the search warrant and you guy God start with the judge. He should've been disqualified as he disqualified himself in the civil case involving Trump and Clinton.

He should disqualify himself strictly from signing a search warrant, but here the this is not a due process challenge in that sense, this is the tainted issues which is all part of due process. By the way, but it's not a quashing of the subpoena and there were already accidentally audios are important when people got to see see the search warrant and you got pretty close, almost charming size of Marla Ivanov this, but it wasn't like what it what my room and one kind of documents was always different kind of documents that say passports to take it 500 pages of personal documents. That's a good attorney-client privileged documents is even after working there and they Artie worked there and that you're going through document.

I just to get it was this this heart of this whole idea that we are. We live in a modern world and they're still tracing paper, there still chasing paper. They don't know how to handle the paper there chasing and any McCarthy as friend of ours, a former US attorney on the Southern District of New York. An interesting take on this which was that the government should have done three steps before they got into this because of the privileges you both attorney-client privilege and the executive proceed attorney-client privilege or familiar with you communications with the attorney it's privilege zoned off, executive privilege is different. That's conversation the President had knowledges attorneys with his advisers that should be then privileged is when any McCarthy essay the problem as it states not 100% settled so I thought it was incumbent on them to get a ruling from the court on that question before they hauled off and did what they did, which was have the privilege team go through all of the seized documents assuming that Trump only had attorney-client privilege, and then allowing all of the potentially executive privilege documents to go to the prosecution team, which, if it turns out that there privilege that contains the prosecutors are reviewed them and it could also obtain their investigation because they are now conducting an investigation. Remember this they got these documents two weeks ago and they've had these documents the prosecution team has for about a week. So here's what's interesting the judge and page on page 17 of her apprentices. The question whether in what circumstances, a former President may obtain a court order preventing disclosure of privileged records from his tenure in office in the face of determination by the current President incumbent President to waive the privilege are unprecedented and raise serious and substantial concerns exactly what any McCarthy was talking about and then she says," Justice Cavanaugh saying a former President must be able to successfully invoke the Presidential communications privilege for communications that occurred during his presidency. Even if the current President does not support the privilege claim.

Justice Cavanaugh then goes on to write, concluding otherwise would have this rate, the executive privilege for Presidential communications. So any McCarthy's right so is the judge and I think there is Presidential communication here that privilege because or else it would be meaningless in the next President comes in, say, will all the information you relied on.

I will make it public is not the way I and executive functions so these are really serious issues and the judge looked like the door and said they would appeal this. It's got Supreme Court written all over it was grand technical got Teresa in Illinois on 928 Teresa available Apple question quickly will write correctly okay. We agree on a master what FBI or that backside intimidating special map like a track to do with the judge is all about the way so here's the differential you actually have the proceeding here.

Okay, so the more the fort was the FBI checking the FBI. Now you got another judge. That's the determinant making the determination whether documents privilege executive or attorney-client, not the FBI and the lawyers for both sides get to actually make arguments of this is it totally new process. It takes a lot longer, but it's the right process to put in place in these unprecedented situation, especially when you know that there's at least two incidences where the paint team that is the team reviewing the information game that document or documents which were privileged to the investigators which they should not have done. They also would not be making decisions about right or wrong aware that there was criminal conduct that is not a special master job so that that's what I think takes a meta-public pressure is much. It's not like Alaska to be safe, find him guilty because that's not their job here.

Their job is safe. What's the appropriate documents that should be reviewed by a criminal investigation team and it goes back to that side adding that's that's it point important clarification for this person that deciding guilt or innocence of anyone that is purely document review, which is document review at the highest possible level, because what you're dealing with is is privilege information so over told his classified information is questions about that as well. 164, 31 to listing her final call, the day that met Mary and Marilyn online for a married primary document with documents, then why are they doing this now put a lock on that room. Don't people that were in that room back in gear and important I can then use interesting dialogue that took place in the series of events was a subpoena that was issued by a grand jury documents in this time.

And then there was evidently a certification on the details of this by then Presidents, former presence lawyer or lawyers saying hey, we've reviewed it. There's nothing privilege here in MN. There were witnesses that came forward and said to the FBI and to the grand jury. There are documents there that are privileged that are part of our national security. So I think that's what precipitated all this, but something obviously broke down in the communication. I mean, I can't really speculate on that but that's another reason why it's good to have a special master. What doesn't make sense though is that of when they got the authority going within the rave search warrant on a Friday after they still waited for your four days and with people from the Nash security three wave of the city you know if you really have this security issue. Like you go to music at work.

You've Artie got the rating on comparative IQ going to get the work and you'll wait for days if it if it is something there that could put our safe faith are significant questions there. We really got into that with the with the level of the Syrian. It looks like now. This could be a huge delay by the effects now. They've lost control. We have yet to include in their of their own making their the ones that share it with the investigators attentive happened and it happened on more than one occasion.

Some they reap what they so here folks gave the breakdown line by line, and that's what we do here at the ACLJ that we do in secular support the work of theaclj@aclj.org and sign up for their podcast secular brothers Jordan Logan podcast coming out next week secular brothers.com


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