I'm good.
No worries, I've sat in on a few federal trials. I'm not an expert on procedure, but I'm familiar with procedure and a lot of dirty things lawyers do to manipulate outcomes.
When you said that they were still "in discovery" I thought you had switched cases lol.
Let's be clear, the Florida case wasn't "in discovery". On July 18th when the prosecutor informed the court he had turned over all evidence, and likewise the defense confirms they have received all evidence or otherwise files motions to request, suppress, or delay the indictment...but regardless of what motions the defense files, a tentative date is set to move to the next phase of trial. It's typically negotiable depending upon the amount of evidence and other external factors and blah blah blah...
Anyway, a few weeks later, after claiming that the defense had all the evidence, the prosecutor said "Oops, here's some evidence we forgot about and here's the new indictments." This is not considered the "discovery period" anymore. The judge could have, if they chose, told the prosecutor that any new evidence is inadmissible or declared a mistrial. He ran a risk. But the trick here is to give the defense time to consider the arguments they intend to make and how they intend to address the evidence and then throw them a curveball at the last minute that forces them to start over, frustrate, and stress out the defense as they may now have to start over in planning the defense from scratch. It's not a super common trick because it's risky and it matters if you know how the judge will likely decide to proceed.
Regardless, it is a Brady violation, and can overturn any conviction on appeal.
The judge decided to continue and likely will allow the defense as much time as they want now....to avoid any potential overturn.
But it's not a matter of opinion. The prosecution had stated they turned over all evidence, and I imagine the defense agreed they had it. Discovery was over. The prosecutor admitted to making false statements. This is not going to matter for the trial...but it's a point in Trump's favor for any appeals if he's convicted.
Yes, it was a whole 10 days later -- that doesn't make it a Brady violation for a case that isn't going to be tried until at least January and maybe far longer. Yes, if it had not had been turned over until a week before the trial, that would be something completely different but no court is going to charge a Brady violation on what appears to be a mistake of 10 days -- and beyond that, over a recording that the Defendant made and so the Defense
should have already had available.
Ok....well here's where your cognitive dissonance kicks in and I don't know how you resolve it. If you believe that Biden has staff move his possessions out of one office and into another (and I agree he probably does) and somehow, some way, he never noticed the highly classified documents in his possession for whatever reason you imagine (maybe you picture these sitting in boxes in the new office for six years never being unpacked).
Yes, that is exactly what I think happened. I recently moved and had to go through boxes that I hadn't looked at for over 20 years; I can understand why the former VP hadn't felt he needed to go through boxes of personal papers (such as the various preparation and financials of Beau's funeral) since he left the White House.
Of course, I also think it is the same with former VP Pence -- it appears he also had his personal papers removed from the White House and put them directly in storage. It would appear that he also had seen no reason to look at them, until Biden found Classified documents, at which point he decided he better check to ensure he had no classified documents. If Biden hadn't have looked at his boxes and found documents then I'm guessing that Pence may have waited over six years without every opening the boxes.
Seriously, how often do you go through documents from the past, such as bank statements, loan agreements, etc, unless you are getting audited?
Why did he call his lawyer to move these contents six years later?
I can think of a few reasons -- but basically because he wanted the lawyers to go through the papers and destroy any personal documents no longer needed (such as bank statements that are past the limitation of being audited), maybe keeping items from Beau's funeral, etc. You would want lawyers doing that and boxing up and then giving the boxes to whatever company is moving them, since they have the expertise to understand what documents still could be needed legally and what could be trashed.
We already know he has staff that does this for him. He certainly has even more staff available as president. He didn't call them though, he called someone who he has attorney-client privileges with.
Using Presidential staff would be illegal, since they are personal records before his time as President. Also, most "staff" would not know what records might need to be kept and what could be trashed.
Why did he do that? How would the lawyer know what documents were in what locations?
He was moving out of the office. I'm sure much of the thought was to limit the future moving and storage of documents; if he could take 20 (or how many boxes were in the office) and whittle them down to 5, that makes it much easier to move and store. And particularly at Biden's age, I'm sure he is interested in removing as much of the "trash" that we accumulate over our lifetime as he could.
And I'm not sure what you mean by, "How would the lawyer know what documents were in what locations?" What location was there other than his office at the Penn Biden Center? My understanding is that the lawyers were readying the boxes of documents to get them moved out.
It was the FBI, specifically invited to search Biden's home after the documents were found at the Penn Biden Center, that found the remainder of the Classified Documents.
I don't even think the lawyer moved anything from the office. He simply gathered up the documents Joe told him to grab, because they knew once Republicans had the House....they're going to search his offices and home. They know he has classified documents.
I'm sorry, no. Congress cannot authorize search warrants. If Biden was really worried about that, he could have just followed Trump's example and ignore any subpoenas issued by Congress due to "executive privilege" or similar argument.
Do you really think his lawyer showed up with a moving van, a moving dolly, and started rolling filing cabinets across campus (wasn't the office in a university?) and down to the moving van....you know, because the staff he typically has move classified documents for him was busy that weekend lol.
It's a hilarious image to think of but I don't think anyone older than a little child would believe it. So just be honest...
I put it above -- I think the lawyers were going through the boxes eliminating old documents that were no longer needed, to reduce the amount to be moved. They then, after putting documents they believed needed to be kept back in boxes, they turned the boxes over to the movers.
In fact, the lawyers would likely be the last people Biden would want "finding" the Classified documents, if he were trying to hide them. This is because his lawyers would have legally been required to report the documents, both because it is a violation of law for them to see and possess the documents as well as it would make them guilty (and remove privilege) of hiding the documents from the government, along with Biden. Your argument only makes sense if you think Biden was intentionally wanting to be caught with Classified documents.
You don't actually believe that story do you? You just want Trump out of the picture politically...for whatever reason....and it doesn't matter to you if Biden is clearly guilty of exactly the same thing.
The key difference here -- despite your belief that Biden "had to know all along" -- is that you have zero evidence for your belief; just as there is no evidence that former VP Pence knew he had documents. If Biden actually knew, do you honestly think he would have invited the FBI to search his home for documents? Would he have immediately instructed his lawyers -- when they found the documents -- to turn them over to the government?
Seriously, I don't think you can honestly believe what you are saying -- you are saying that Biden, in an attempt to "hide" documents from Republicans -- specifically sent his lawyers to get them and turn them over to the government. Wasn't that just giving Republicans the ammo they wanted, without them even to have to try to find them?
Wouldn't it logically make more sense to have the sealed boxes just moved to the White House? Then he could either remove the documents and include them with other "presidential records" that would get turned over to NARA when he leaves, if he no longer cared to have them, or just have them moved out along with his other personal records when he leaves the White House. After all, no one is going to authorize a search warrant for the White House, and he could have even ensured they were stored in a secure area where it would be legal for them to be stored (no evidence of a violation of the law).
But again, the evidence suggests (since there is no actual evidence to the contrary) that Biden turned over the papers as soon as they were found, even inviting the FBI to ensure there were not any other documents included in other boxes from his time in office. Trump, by contrast, refused to turn over the documents, had his lawyers swear he'd turned them all over, all the while hiding documents from the government -- there is a huge difference there.
I can at least understand that...I can understand the problem of admitting it because it's so blatantly hypocritical. I can also appreciate that if both presidents are corrupt or dangerous to national security....you're still just trying to think of who you consider the bigger danger, and perhaps that justifies an unfair application of justice in your mind.
I don't agree with you, but I can at least understand that sort of reasoning.
But please, don't tell me you believe that story. It's not just a bad lie....it's an obvious lie. It was always going to be a bad lie...but to sit there and defend it is insulting to not just my intelligence, but yours as well. There was never going to be a really good or even kinda good explanation for why top secret and higher classified documents were in his possession for six years....in multiple locations. It's not as if you, me, and everyone else with even average intelligence can't see the giant gaping holes in that story.
So please, just admit you know that's untrue....and make some sort of moral argument for this uneven application of justice. I certainly can't think of any plausible explanation why Joe sent his lawyer to move his office, why his lawyer agreed, and how his lawyer came to find classified documents in the process, that doesn't involve the fact that Joe knew he had those documents.
Just admit that you can't think of any explanation either and you can make whatever moral arguments you have for why we should throw Trump in jail and not Joe.
I can't think of any way to proceed with this discussion in good faith. To do so without having any acknowledging of what we must both surely know to be true...is akin to you thinking I'm some sort of mentally impaired buffoon....or me going home tonight and trying to explain Schrodinger's box to my dog and it's corollary to particle physics. It's either wildly insulting or entirely pointless.
Sorry, I've explained my thinking. Again, if you have evidence that Biden knew he had the documents, I'm sure the Special Counsel appointed to look for violations of the law committed by Biden in regards to the documents would love to hear from you. My hope is that the Special Counsel is doing a full investigation and will issue a report of what he finds and if Biden broke any laws. At this point, I don't know of any and, to the best of my knowledge, you have no evidence of violations of the law (just your presumptions), either.
By contrast, we seemingly have clear evidence former Pres. Trump knowingly held on to documents he was told he had to turn over, had workers hide them, and even more recently his IT person appears to be claiming that Trump had subpoenaed video erased that showed documents being moved to hide them from searchers. I'm not sure what cognitive dissonance you are going through to try and pretend those to things are exactly the same, much less that I don't care if Biden violated the law. I'm just stating, as of now, there is no evidence and even your "straw man" of what happened doesn't make sense.