Just As We Said, Aileen Cannon’s Goofy Order Is Stayed, While The Appeal Works Its Way Through The Eleventh Circuit.

This means, unsurprisingly, that the FBI and DoJ may continue the investigation, present evidence to the grand jury — and formally indict Donald Trump on a series of 20 year felonies… just as we said.

This is very likely to be all over, before the last brief in the Eleventh Circuit is filed. Trump will be indicted, and fighting a series of up to 101 18 USC § 793(e) charges, that each carry 20 year sentences. Couldn’t happen to a nicer guy. Here’s that stay order, signed by three Judges; two of whom were appointed by. . . Donald Trump (how’za ’bout them apples!?):

…For our part, we cannot discern why [Donald Trump] would have an individual interest in or need for any of the one-hundred documents with classification markings. Classified documents are marked to show they are classified, for instance, with their classification level. Classified National Security Information, Exec. Order No. 13,526, § 1.6, 3 C.F.R. 298, 301 (2009 Comp.), reprinted in 50 U.S.C. § 3161 app. at 290–301. They are “owned by, produced by or for, or . . . under the control of the United States Government.” Id. § 1.1. And they include information the “unauthorized disclosure [of which] could reasonably be expected to cause identifiable or describable damage to the national security.” Id. § 1.4. For this reason, a person may have access to classified information only if, among other requirements, he “has a need-to-know the information.” Id. § 4.1(a)(3). This requirement pertains equally to former Presidents, unless the current administration, in its discretion, chooses to waive that requirement. Id. § 4.4(3).

[Donald Trump] has not even attempted to show that he has a need to know the information contained in the classified documents. Nor has he established that the current administration has waived that requirement for these documents. And even if he had, that, in and of itself, would not explain why Plaintiff has an individual interest in the classified documents.

[Donald Trump] suggests that he may have declassified these documents when he was President. But the record contains no evidence that any of these records were declassified. And before the special master, [Donald Trump] resisted providing any evidence that he had declassified any of these documents. See Doc. No. 97 at 2–3., Sept. 19, 2022, letter from James M. Trusty, et al., to Special Master Raymond J. Dearie, at 2–3. In any event, at least for these purposes, the declassification argument is a red herring because declassifying an official document would not change its content or render it personal. So even if we assumed that [Donald Trump] did declassify some or all of the documents, that would not explain why he has a personal interest in them….

Prepare to be indicted, Tangerine.

नमस्ते