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    I got your taint right here

    This shit ain't going nowhere.

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    Default THE TRUMP PRESIDENCY

    Quote Originally Posted by bklynboy68 View Post
    According to Bret Tolman it's not 100% they used a Taint Team.




    But you mentioned something to my producer called a taint team. T-A-I-N-T, team. What is a taint team?



    "You know, the Department of Justice, when they execute a search warrant and they anticipate that there may be privileged documents - and I can't imagine that they did not anticipate you had either executive privilege or attorney client privilege - when you're going to seize documents prior to the search warrant, you have to designate a team of lawyers and investigators from the FBI and the Department of Justice who are not part of your investigation of Donald Trump, who know nothing about it, who are separate. They will actually take into custody all evidence, all documents brought in, and they will review it. Or, did we gather privileged documents? If they did, then they will separate those out. They will return those documents, unless they can show that there's a crime fraud exception, which there wouldn't be in this, in this instance. So the fact that they did not do that when when Donald Trump's lawyers-."



    Wait, how do you know the FBI didn't send in a taint team?



    "What we know is the lawyers for the former President had reached out to the Department of Justice and indicated that they have gathered privileged documents. The fact that the department's response, allegedly, the department's response on that is that we don't think we did. And that Trump's lawyers requested a special master be appointed. What they're really requesting is that taint team, is it in place? The Department's response seems to justify the concern that they didn't establish that team before going in and searching that Mar-a-Lago.



    How big an error would that be?



    "It can be a catastrophic error. This country preserves the Attorney/Client privilege and requires that investigators do not review Attorney/Client privilege. That's the essence of the privilege. But what it does is, is, is why it's called a taint team - is, does the review, does it taint the other evidence based on the review of that evidence? Did they see things they're not supposed to see? Because when you review privileged information, you can reveal strategy, you can reveal, you know, confessions and issues that are revealed to attorneys."


    Sure, a whole bunch of stuff could be in there about, about not national security, but personal things, and all of that. So a judge, if the taint team was not put into place - and I can't imagine that Christopher Wray, the head of the FBI, wouldn't know what you just told us - that you should have had a team go in ahead of time that was not associated with any investigation of Donald Trump and look for privileged correspondence. He would have had to know that, right?



    "Yeah, he would have had to know. And what they jeopardized, Bill, is the admissibility of any other case. If they brought a case."



    Yeah, the judge could throw the whole thing out, illegal search.



    "So it makes, it makes you question if they really just didn't want the spectacle only."



    But why wouldn't they do the taint team?



    "It's such an easy decision. [Laughter]"



    Yeah, right? You want a clean raid? You want a clean raid? One that would hold up in court, right? That's what the Justice Department is in business to do with our tax dollars. And you make a botch like that?



    "And what I - yeah, it's stunning. What I've seen - and I've seen some cases where, you know, unintentionally they have gathered privileged documents, investigators have. And what happens is they throw their hands up and they say, okay, we're no longer going review any of this. Immediately they establish a taint team and they, they shift it all over to that that other team to review. Don't know if that's happening here. My guess is the Department of Justice is scrambling a bit and on their heels, because they did not, they did not do what they were supposed to do prior to the search warrant."


    https://www.billoreilly.com/b/Trump-...042791785.html
    The way I understand this works is that the taint team puts documents in 3 privilege categories: clearly, arguably, clearly not. Before anything else happens, Trumpís team would be allowed to review them. They may argue items in the 2nd or 3rd category should be in the 1st. After that all category 1 items are returned. On the others, the court overseeing the case would make the final decision on a document by document basis. The court rules and anything else moved to category 1 is returned.

    Trumpís team has asked for a special master to review the documents.

    Maybe they didnít use a taint team. However, Iím trying to find where the DOJ says they donít think they took any privileged documents, and I canít find it. Closest I can come is the Fox News report that the DOJ opposes using a special master to review the documents. This seems like a decent sized leap to assume there was no team.


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    DOJ admits taking Trump's passports, offers to return them
    FBI may also have mistakenly collected privileged documents and plan to return those

    August 15, 2022 - 8:57pm



    In an acknowledgment the FBI over-collected evidence during the Mar-a-Lago raid, the Justice Department informed Donald Trump's team Monday that agents seized the former president's passports and are obligated to return them, Just the News has learned.

    The department was making plans Monday evening to return the passports and has also alerted defense lawyers the FBI may have obtained materials covered by various privileges that will be returned in the next two weeks, two sources told Just the News.

    DOJ has designated a process for separating materials that could be covered by executive privilege or attorney client privilege, the sources said.

    The sources spoke only on the condition of anonymity because the communications between the two sides are confidential.

    The revelation came as Trump lawyers are discussing whether to go to court to demand a special legal officer be designated to review Trump evidence that was seized that was outside the scope of the warrant.

    https://justthenews.com/government/c...rs-return-them


    Oh boy
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    Default THE TRUMP PRESIDENCY

    Well, now we know there was a taint team or as they referred to it, a ďfilter team.Ē And as I relayed how I understand it, anything dubbed obviously privileged is returned. So this isnít unusual; thatís why the team is in place. We know there was one because itís mentioned in the email. What email? The email about the passports.

    How often something gets accidentally taken, like a passport, I donít know, but the DOJ alerted Trump the filter team had accidentally taken them and would return them right away. Trumpís post about it is because he learned about it from the government letting them know.

    As far as the broad warrant, Cal Law Professor Orin Kerr explains here how relevant case law ties broad language in a warrant to the surrounding scope. Specifically in cases involving documents, the government may not know the exact form. So a warrant will describe a category of information as well as examples. SCOTUS has ruled that the form should be limited by the category. So they arenít actually asking for ďanything,Ē and this language is not uncommon. Paul Manafortís warrant had similar language and made this exact argument, too broad. His asked for ďany and all financial records.Ē But the court cited SCOTUS that it was bound by the surrounding language. This just substitutes ďgovernmentÖrecordsĒ for ďfinancial records.Ē

    https://twitter.com/orinkerr/status/...44vvJiv-YS1o5A


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    Which Mcarthy disputes.

    We’ll see.
    †"He has a swaggering retro machismo that will give hives to the Steinem cabal" -Camille Paglia on Donald Trump

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    "My beef is people thinking Bon Jovi is good cuz they sold lots of records to housewives." -tango

    "But being number one doesnít really mean jack fuck all. We sold twice as many records as other records that year (1984) that landed in the Number One position." ~Eddie Van Halen

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    Trump calls for immediate release of affidavit justifying FBI search of Mar-a-Lago

    https://www.foxnews.com/live-news/pr...ago-house-news


    Also calling for recusal of the judge. He’s got a good argument there since the judge recused himself from the lawsuit against Hillary because he couldn’t be impartial towards….Trump.


    Judge has a paper trail of anti Trump rhetoric among other things. But nooo, nobody went judge shopping on this one.



    †"He has a swaggering retro machismo that will give hives to the Steinem cabal" -Camille Paglia on Donald Trump

    "But, fucking with Brook is like fucking with hot shit on and ax handle. You just don't get a grip"-track5

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    "My beef is people thinking Bon Jovi is good cuz they sold lots of records to housewives." -tango

    "But being number one doesnít really mean jack fuck all. We sold twice as many records as other records that year (1984) that landed in the Number One position." ~Eddie Van Halen

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    Quote Originally Posted by lovemachine97(Version 2) View Post
    Well, now we know there was a taint team or as they referred to it, a “filter team.” And as I relayed how I understand it, anything dubbed obviously privileged is returned. So this isn’t unusual; that’s why the team is in place. We know there was one because it’s mentioned in the email. What email? The email about the passports.

    How often something gets accidentally taken, like a passport, I don’t know, but the DOJ alerted Trump the filter team had accidentally taken them and would return them right away. Trump’s post about it is because he learned about it from the government letting them know.

    As far as the broad warrant, Cal Law Professor Orin Kerr explains here how relevant case law ties broad language in a warrant to the surrounding scope. Specifically in cases involving documents, the government may not know the exact form. So a warrant will describe a category of information as well as examples. SCOTUS has ruled that the form should be limited by the category. So they aren’t actually asking for “anything,” and this language is not uncommon. Paul Manafort’s warrant had similar language and made this exact argument, too broad. His asked for “any and all financial records.” But the court cited SCOTUS that it was bound by the surrounding language. This just substitutes “government…records” for “financial records.”

    https://twitter.com/orinkerr/status/...44vvJiv-YS1o5A


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    It is not as straight forward issue for either side. So privileged, docs relating to the attorney who signed off June 8th are no longer under privilege due to fraud committed so privilege is pierced. If other personal attorneys it is 100% still privilege and needs to be returned ASAP and any fruit of that tree will be inadmissible If from White House counsel and older materials it is simply not Trumps property and right to take it.
    So "lawyer" docs in of itself is great for broad headlines but it gets a lot more complicated when you pull the details.

    Passports, there are 2 different ones. If his personal passport unless identified as a flight risk by the court then it is wrong to take it and return ASAP. However Presidents are issued Diplomatic Passports while in office. Unlike the typical dark blue it is black and says right on it President of the United States. It was made illegal during Nixon to have it outside of non official use and legally required to hand it in. It is usually part of the transition leading up to inauguration of the new POTUS. There is no official policy on gathering it as no president has ever taken it before. Simply put it never occurred to someone at POTUS level would steal it. So if it is that one then Trump should not bluster too much as it is admitting yet another crime.

    Again nothing here is as straight forward as anyone would like it to be. Not releasing the full affidavit is standard procedure in cases relating to intelligence methods and procedures. Looking at footnotes in the filings it is also clear many witness intimidation stuff from organized crime was also cited as concern re witness. Given ongoing investigations, the fact he took payroll of assets, and precedent Garland is 100% legally correct.

    However he will be devoured politically by Trump on this and should not underestimate Trump's ability to consume him politically.
    Trump should realize legally his ground is nowhere as solid as it is politically and really listen to good legal cousel on how far to go with his mouth. It is his best asset but too much of a good thing becomes bad real quick. Also whoever was the legal agent who handled the moving 37 Trump entities transfer agent to Mar Largo LLC on June 8th, get the fuck out of the country on vacation. A paper jockey is not going to defend Trumps honor and you likely do not want those folks subpoenaed.

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    https://www.msn.com/en-us/news/polit...id/ar-AA10C6qI


    We have such a toxic atmosphere, it is sad commentary on both

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    Both sides won't be happy until there is a bloodbath. That's what they want. Assholes
    10-6-2020 RIP King of sixstrings.

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    Quote Originally Posted by edwardv View Post
    Both sides won't be happy until there is a bloodbath. That's what they want. Assholes
    If the other guy would just cease to exist all would be fine. How has that worked in the middle east for thousands of years? Somehow we think it will work here?
    The stupidity of that mentality is mind blowing

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    Its all about respect or the lack of it from both sides. This listing of FBI agents is a bad look. Just like people supporting listing hte Supremes addresses. Or listing addresses for cops.

    Neither side is innocent. However that is our society today. Lack of accountability and respect for the fellow man

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    We have went through so many leaks of information while Trump was in office which led to similar names and even addresses being published. After reading the above article and tweets, are those tweeting really surprised? They act as if they didn't expect any of this. Did any of those geniuses condemn any of that when their side was doing it?...bet not.

    After all the bullshit the Democrat side pulls, the Republicans standing down doesn't work....yeah, I know....Jan 6th.

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    Default THE TRUMP PRESIDENCY

    Quote Originally Posted by ziggysmalls View Post
    Its all about respect or the lack of it from both sides. This listing of FBI agents is a bad look. Just like people supporting listing hte Supremes addresses. Or listing addresses for cops.

    Neither side is innocent. However that is our society today. Lack of accountability and respect for the fellow man
    I agree with you. It does seem particularly egregious, however, for ex-President Trump to leak it to Breitbart after the DOJ motioned to release it, which we knew would redact the names, yet do so with the names listed and do so after a guy on his website posted he was going to attack the FBI for the raid and then actually did. Plus his site sent out a push notification for the story and that dude isnít the only dude on that site threatening violence against the FBI.

    Again, not saying there arenít multiple versions of this. But thatísÖreally bad.


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    Last edited by lovemachine97(Version 2); 08.16.22 at 10:55 AM.

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    So I guess it would not be cool to hold any protests outside FBI agents houses.

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    Quote Originally Posted by lovemachine97(Version 2) View Post
    I agree with you. It does seem particularly egregious, however, for ex-President Trump to leak it to Breitbart after the DOJ motioned to release it, which we knew would redact the names, yet do so with the names listed and do so after a guy on his website posted he was going to attack the FBI for the raid and then actually did. Plus his site sent out a push notification for the story and that dude isnít the only dude on that site threatening violence against the FBI.

    Again, not saying there arenít multiple versions of this. But thatísÖreally bad.


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    Kind of right up there with a guy wanting to kill Brett Kavanaugh and not a word out of Biden or Merrick Garland and they continued to protest outside their homes which is prohibited under federal law .
    The left hates it when they get a dose of their own medicine
    Riding with Biden in his 18 wheeler

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