Last night around 9PM my time, the DOJ filed a 36-page response (plus 18 pages of appendices) to Hair Füror demanding a special master to handle the documents that, you know, HE STOLE from the US Government. It took about an hour to read it, and to quote the latin, alea iacto est (he’s boned).
It argues the case that a special master is not appropriate because of 1) lack of necessity B) existing legal precedent, and iii) the documents are highly classified and cannot be viewed by just any ol’ mug.
But then we get to the fun stuff that Hair Füror actively obstructed justice when he hid classified material after the first round of turning over the stuff he stole:
Through further investigation, the FBI uncovered multiple sources of evidence indicating that the response to the May 11 grand jury subpoena was incomplete and that classified documents remained at the Premises, notwithstanding the sworn certification made to the government on June 3. In particular, the government developed evidence that a search limited to the Storage Room would not have uncovered all the classified documents at the Premises. The government also developed evidence that government records were likely concealed and removed from the Storage Room and that efforts were likely taken to obstruct the government’s investigation.
And that really is the shocking new stuff in the filing. They really have him nailed for obstruction. From the filing:
The FBI, in a matter of hours, recovered twice as many documents with classification markings as the ‘diligent search’ that the former President’s counsel and other representatives had weeks to perform.
The DOJ had enough evidence before the search to convince a judge that Obstruction of Justice charge would stand. Now, they have 15 boxes of additional evidence, and nothing the DoJ found has caused it to back off.
There’s a lot we can say about the secrecy of the documents, but the main theme to keep your eyes on is obstruction.
As we said above, alea iacto est.