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Hello and welcome to the Daily Beans for Wednesday, September 14, 2022. Today, the Department of Justice is filed to Trump's reply about their emotion to stay part of Judge Cannon's decision.

The Department of Justice also unsealed more of the search warrant affidavit, including details about the Mar-a-Lago video surveillance subpoena. The House Oversight Committee is asking the National Archives to determine whether any of Trump's White House records were still unaccounted for, the Senate Judiciary Committee has launched an investigation into allegations that Trump's DOJ sought to use the Southern District of New York to do Donald's bidding, and Oathkeeper Leader Stuart Rhodes has filed a motion for a special master of his very own.

I'm Allison Gill, and I'm Dana Goldberg.

Who, we were close to a minute on that one Dana, how are you? I'm that was good. We've got a busy news day, but I'm doing well. How are you?

Oh, I am so wonderful. I got to go to the White House to the South Lawn today to celebrate the passage of the Imflation Reduction Act. The President spoke Senator Schumer spoke Speaker Pelosi spoke VP Harris gave some words. James Taylor opened with fire and rain. I saw that.

Yeah, and then we all sang along. Oh, it was just absolutely wonderful. I got to meet Liz Warren, which was great Malcolm Kenyatta, Senator White House Bluebenthal, Representative Cohen, Schiff. I got close to Biden. It was about 10 feet away while he was meeting and greeting folks.

It was just an amazing celebration. It was just totally awesome. It was a beautiful day here in DC. So I'm so honored that I got to go. I feel like everyone, I feel like y'all were there with me, truly.

I was much deserved. So I'm glad you got to experience that as well. Thank you very much. My friend. All right. We've got a lot of late breaking news today. So let's hit the hot notes hot notes.

All right. First up, Department of Justice has filed a reply to Trump's response to the DOJ motion to stay judge cannons order to stop the criminal investigation into the stolen classified documents.

And of course they cover there's no executive privilege. Of course they go into the fact that the criminal investigation and the National Security Risk Assessment are inextricably linked.

And here's some quotes from the filing. The government seeks to stay only as to a discrete set of just over 100 records marked as classified.

That is records that were specifically sought by a prior grand jury subpoena whose unauthorized retention may constitute a crime under 18 US code 793 espionage.

And with markings signifying that their unauthorized disclosure quote reasonably could be expected to result in damage to the national security, including exceptionally grave damage.

The government's stay motion demonstrates that the government is likely to succeed on the merits. Trump argued that they weren't with a bunch of bullshit arguments, but they say were likely to succeed because Trump can't plausibly establish any property interest in or privileged claim as to the seized records marked as classified that the government and the public are irreparably harmed while the courts order as to those records remains in effect.

And that a partial stay would impose no cognizable harm on Trump. Trump's response largely ignores those showings instead he principally seeks to raise questions about the classification status of the records and their categorization under the Presidential Records Act.

But plaintiff does not actually assert much less provide any evidence that any of the seized records bearing classification markings have been declassified.

More importantly, the issues plaintiff attempts to raise are ultimately irrelevant, even if Trump had declassified these records.

And even if somehow had categorized them as his personal records for purposes of the Presidential Records Act, neither which has been shown nothing in the Presidential Records Act or any other source of law establishes a plausible claim of privilege or any other justification for an injunction restricting the government's review.

And use of the records at the center of an ongoing criminal and national security investigation.

And nothing in the plaintiff's response rebuts the compelling public interest in granting the limited stay the government seeks.

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