This is nuttier than hell, but like everything else that has happened in Trump world, it’s entirely plausible that this happened. Raw Story is reporting that Overstock CEO Patrick Byrne filed a motion today in Florida, seeking the unsealing of the affidavit that preceded the execution of the search warrant on Mar-a-Lago last week.
According to Byrne, Donald Trump went ahead and appointed Sidney Powell as Special Counsel and granted her Top Secret clearance, but then Rudy Giuliani talked him out of it. When Rudy is the voice of reason in a situation, you know things are well and truly phuqued.
“White House General Counsel Pat Cipollone grew frustrated with the topic of conversation and made it clear that he did not want any involvement with the proposed courses of action, eventually stating, ‘Hey if you want to do this you don’t need my permission. You don’t even need a pen or a piece of paper. You can just say, I hire Sidney Powell as White House Special Counsel, and it’s done,'” Byrne stated.
Byrne, who is representing himself in the matter, claimed the discussions went on for about a half hour longer before Trump decided to make the move.
‘You know Pat? A few minutes ago you said that I can make it happen just by saying it,'” Trump said, according to Byrne’s filing. “Well …. OK. I have decided, now I’m saying it. ‘Sidney Powell is hereby appointed as White House Special Counsel.'”
He may very well have said it. That was a wild night, as you may recall, with Rudy Giuliani finally being escorted off the White House grounds in the wee hours of the morning. He was escorted off in order to make sure that he left.
“Immediately thereafter President Donald J. Trump stated to his White House lawyers, ”I grant Sidney Powell a Top Secret security clearance,'” Byrne stated. “Whereupon the White House counsels were angry, but did not dispute Trump’s actions, but instead left the room angrily.”
“In this case, President Trump’s Mar-a-Lago residence was raided for alleged violations of the Presidential Records Act,” Byrne argued. “However, President Trump verbally declassified all of the records in question and that were targeted in said search warrant. As Marbury v. Madison makes clear, the final act is all that is required before the presidential act is complete. President’s Trump’s lawyers advised him that he can speak into existence the powers of the President, which would then be evidenced by a subsequent document, commission, etc.”
I love that line, “He can speak into existence the powers of the president.” Why, that’s positively God-like isn’t it? “Behold. Sidney Powell is now whatever I say she is, Special Counsel, Lord High Poo Bah, the Rock of Gibraltar. Whatever I say.”
“Evidence that the President has the power to verbally appoint special counsel has been lawfully exercised and upheld in my presence,” he added. “The power of the President to verbally grant/appoint any security clearance level by speaking it into existence has been lawfully exercised and upheld in my presence. The verbal exercise of presidential power is nothing new; it is the requisite final act.”
And then along came Kill Joy Rudy and quashed the whole thing — again, according to Byrne.
“In January 2022, I had the opportunity of a social visit with the Honorable Rudy Giuliani,” Byrne claimed. “Over the course of lunch, I asked him what happened such that our conversation in the White House had not been implemented. Mr. Giuliani told me that after our party had left the White House at approximately 12:15 AM December 19, 2020, he spoke to the President for an additional 2-3 minutes whereupon the President verbally reversed his decision and instructions. and that is why those earlier decisions were never implemented.”
Let us get this straight: This was a whole big deal, this appointment of Sidney Powell to powers of greatness. The legitimate legal talent in the White House had already stormed out in disgust and would have no part of it. But then Rudy talked to Donald for two minutes and – poof — it all disappeared in smoke? Apparently so. I would love to know what magical words Rudy spake, I’ll say that much.
RudyRudyRudy didn’t have legal power. And it requires being on paper, with notice to agnecies and the like, to be official.
Trump supporters (suckers/losers)
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I’m sorry, but under exactly WHAT legal standard does Patrick Byrne have to filing anything with a court in regards to the FBI’s search of Mar-a-Lago?
Unless he was Trump’s legal counsel at any point (hard to imagine the CEO of Overstock would have the time for), the court should thank him for his interest but kindly tell him to go home and have a *real* lawyer explain what he did wrong. (Byrne MIGHT be able to file an amicus brief but, again, unless he knows his name is in the files as a collaborator in the Insurrection, he really doesn’t even have the legal standing to do that. Amicus briefs are typically filed by individuals who have actual skin in the legal matter in question–but they’re more commonly filed by groups and organizations that have some genuine interest in the case at hand.)
Yes, what standing does he have to be filing anything other than, as you said, an amicus brief. Honestly, my initial reading of the article had me saying “who in the fuck is Patrick Byrne”? Has that monstrosity in FL been sold to Byrne? That’d be the only way I can figure he would have standing.
Hasn’t it got through to any of then that rhat the theft (which, in the end is what it was)l of ANY government papers is a crime, irrespective of the classificaion?
They can file all the motions they like but the removal of ANY document from the White House was a breach of the Presidential Records legislation
Tsk.tsk.tsk. As Reagan, the evil idiot, used to say…there you go again using knowledge & facts with cult members.