| | https://www.archives.gov/files/foia/obama-digitization-mou-executed-2-15-19.pdf (last accessed, October 1, 2022). In contrast, almost from the outset here, the Government feigned concern about purported classified records to justify commencement of a criminal investigation (not even contemplated under the Presidential Records Act) and then raided President Trump’s personal residence (a secure compound protected by U.S. Secret Service agents and used during the Trump Presidency to conduct the official business of the United States). This disparate treatment of President Trump is suggestive of a Government that has “pick[ed] the man and then search[ed] the law books . . . to pin some offense on him.” Morrison, 487 U.S. at 727 (Scalia, J., dissenting). But our courts “do not countenance” political judicial theater. See United States v. North, 910 F.2d 843, 865 (D.C. Cir. 1990).}} | | https://www.archives.gov/files/foia/obama-digitization-mou-executed-2-15-19.pdf (last accessed, October 1, 2022). In contrast, almost from the outset here, the Government feigned concern about purported classified records to justify commencement of a criminal investigation (not even contemplated under the Presidential Records Act) and then raided President Trump’s personal residence (a secure compound protected by U.S. Secret Service agents and used during the Trump Presidency to conduct the official business of the United States). This disparate treatment of President Trump is suggestive of a Government that has “pick[ed] the man and then search[ed] the law books . . . to pin some offense on him.” Morrison, 487 U.S. at 727 (Scalia, J., dissenting). But our courts “do not countenance” political judicial theater. See United States v. North, 910 F.2d 843, 865 (D.C. Cir. 1990).}} |
| − | {{cquote|Since President Trump had absolute authority over classification decisions during his Presidency, the | + | {{cquote|Since President Trump had absolute authority over classification decisions during his Presidency, the current status of any disputed document cannot possibly be determined solely by reference to the markings on that document. (Application p. 35}} |