Re tfg's sharpie doodles on "classified" docs

[intrepidity]

Can tfg claim that any docs with his sharpie scribbles on them are subject to review by his team? IOW, since DOJ wants to keep ALL (or at least, about 100) of these most highly sensitive docs away from tfg's team's eyes, could those markings render them sufficiently in dispute that his team *must* view them in order to be able to make any claims about them, eg, relative to whether tfg supposedly declassified them, or if they somehow became "personal records."

I'm speaking in the context of the issue before Dearie, which is civil, not criminal.

I wouldn't be surprised if the tfg had been counseled at some point in the past to make these markings for just such a purpose--to confound things in the event they came under scrutiny.

[getagrip_already]

1. deerie can figure that out - that's what he is there for.......

Tfg's team doesn't need to see the markings. Deerie can determine if they are privileged. Unless tfg wants a special master to review the special master?

Deerie also hinted that he didn't believe they had a need to know what was in the docs regardless.

[intrepidity]

2. So, what was the point of today's hearing? nt

[getagrip_already]

3. to establish the schedule and process to conduct the review... n/t

[intrepidity]

4. Tell me more about the "process" part, please. nt

[getagrip_already]

5. I wasn't on the call, but you can get a partial description here...

https://threadreaderapp.com/thread/1572289852376334337

The process part, as near as I can tell, focussed on what the judge could do given that tfg wasn't claiming he declassified the docs.

He said he (and I'm wicked bad paraphrasing here) was inclined to accept as fact that the documents were classified. He also said he hoped he could rule without actually looking at the classified docs, and that he was leaning to tfg's lwyers not having a need to know what was in them.

Process stuff.

[intrepidity]

6. OK, thanks for the summation

It all seems so rather circular to me, or as Dearie put it, wanting to eat their cake and have it, too.

Since Dearie is tasked with sorting out which things belong to whom, I still don't understand just how the issue of declassification became entangled--the docs were not tfg's property to take, regardless of status.

But I see they are trying to wiggle into that space where perhaps declassified records become personal or at least, subject to some privilege, but without first having to prove that they were, in fact, declassified.

I wonder how soon tfg's team will invoke Schroedinger's Cat?

[ultralite001]

7. Some light reading from the Department of State...

Foreign Affairs Manual

"STORING AND SAFEGUARDING CLASSIFIED MATERIAL"

https://fam.state.gov/FAM/12FAM/12FAM0530.html


Not to be confused with

"WHITE HOUSE PROCEDURES FOR SAFEGUARDING CLASSIFIED MATERIAL"

https://archive.org/details/gov.gpo.fdsys.CHRG-110hhrg38579/page/n9/mode/2up

(updated in 2010)


That is all...