And two days after that article was published, Bornstein later told NBC News, a White House official and two others conducted a raid on his office to obtain the presidents medical records, which he said made him feel raped, frightened and sad. The White House responded at the time that it was standard operating procedure to obtain the documents and denied that it was a raid.
seems takes *some* official seriously.
It should also be noted that the (PRA) is a .
The PRA is from Title 44 of the Code (USC) which has to do w/the role of public printing & .
The is Chpt 22 of 44 USC & has 9 sections: 2201-2209
Judge Training Wheels used the word "unjust" toward prosecutors
Jack Smith is being "unfair" to her
Stop, you're killing me
via Anna Bower:
JUST IN: Judge DENIES s motion to dismiss the classified case based on the presidential records act.
In the same order, Judge Cannon also denies the special counse s request for a prompt ruling on jury instructions prior to trial.
She calls the special counsel's request "unprecedented and unjust."
Trump special counsel fires back at Cannon order that could disrupt case
Special counsel warned the judge overseeing Donald Trumps case that
she is pursuing a legal premise that is wrong
and said he would probably to a higher court if she rules that a federal records law can protect the former president from prosecution.
In a near-midnight legal filing, Smiths office pushed back hard against an unusual instruction from U.S. District Judge M.
one that veteran national security lawyers and former judges have said badly misinterprets the Presidential Records Act and laws related to classified documents.
Smiths filing represents the most stark and high-stakes confrontation yet between the judge and the prosecutor,
illustrating the extent to which a ruling by Cannon that legitimizes the as a defense could eviscerate the historic case.
It sets up the possibility that a government appeal of such a ruling could delay the trial well beyond Novembers presidential election, in which Trump is the presumptive Republican nominee.
In an open display of frustration, federal prosecutors on Tuesday night told the judge overseeing s classified case that a fundamentally flawed order she had issued was causing delays & asked her to quickly resolve a critical dispute about 1 of Trumps defenses leaving them time to appeal if needed.
The unusual & risky move by the prosecutors, contained in a 24-pg filing, signaled their mounting impatience w Judge
Gift link
Just Joke Documents
Great piece on better writing, by Anil Dash
Wut.
Via Roger Parloff:
Undocketed filings in US v (M-a-L) are stacking up. Yesterday the govt sought permission to file a surreply relating to a reply that isn't docketed yet, which related to a response that isn't docketed yet, which related to a motion that isn't docketed yet.
One advantage Huawei had was the backing of its government.
US and European observers say China packs standards meetings with engineers who can be eyes and ears on the ground.
Rivals also complain that Chinese companies work together in lockstep even ostensible competitors will set aside differences to support a compatriot business.
For a brief moment in the middle of 2016, it looked as if that national wall of support wouldn't hold.
In a preliminary round of the 5G New Radio standards process, the Chinese company expressed its preference for LDPC, because it was a more familiar technology.
That didn't last long.
Lenovo changed its opinion later that year.
Lenovo's founder, Liu Chuanzhi, called Ren Zhengfei to make sure that no offense was taken by the original stance.
Liu and other executives even drafted an open letter that read like a forced confession.
We all agree that Chinese enterprises should be united and not be provoked by outsiders, Liu and his colleagues wrote. Stick to it raise the banner of national industry, and finally defeat the international giants.
Thus united behind polar codes, Chinese industry prepared to do battle at the final, critical stage
the November 2016 engineering standards meetings held in Reno, Nevada.
The venue was the Peppermill resort and casino. Engineers, hunkered in hotel conference rooms arguing about block codes and channel capacity, had little time to enjoy the craps tables or eucalyptus steam rooms.
Simultaneous meetings to determine a number of standards kept engineers hopping from one conference room to the next, says Michael Thelander, a consultant specializing in wireless telecommunications.
But polar coding versus LDPC, that was the hot topic, he says.
On the night of Friday, November 18, the conference room was packed, and the meeting, which began in the evening, turned into a standoff.
Each company presented its work, including its testing results.
The battle was pretty well drawn, with most of the Western vendors lining up behind LDPC, says Kevin Krewell, a principal analyst at Tirias Research, who follows 5G.
Some Western companies backed polar codes too, but, significantly, all the Chinese companies did.
There was no obvious winner in the whole game, but it was very clear that Huawei was not going to back down, says Thelander, who was on the scene as an observer.
Neither would the LDPC side. So we can sit there and spend six months fighting over this thing and delay 5G, or we compromise.
So they did.
The standards committee split the signal-processing standard into two parts.
One technology could be used to send the .
The other would be applied to what was known as the , which manages how that data moves.
The first function was assigned to LDPC, and the second to polar codes.
It was well into the wee hours when the agreement was finalized.
Huawei was ecstatic.
But it was not just Huawei's win it was China's too.
Finally, a Chinese company was getting respect commensurate with its increasingly dominant power in the marketplace.
Huawei-backed polar code entering the 5G standard has a symbolic meaning, one observer told a reporter at the time.
This is the first time a Chinese company has entered a telecommunications framework agreement, winning the right to be heard.
Qualcomm professes to be fine with the result.
It was very important for Huawei to get something, says its CEO, Steve Mollenkopf.
Huawei is actually quite good. They are a formidable company. And I think that's one thing that people need to acknowledge.
Reaching consensus on the parts of a mobile platform is complicated. Decisions have to be made about dozens of specifications for transmission speeds, radio frequencies, security architecture, and the like.
To make that happen, engineers gather in a series of meetings every year to choose which new technologies will be deemed in the next generation.
The stakes are high: The companies that provide the fundamental technology for 5G will be embedded in a global communications system for years to come.
So in the background are financial, nationalistic, and even geopolitical considerations.
From the year 2001 to the presentthree administrationsnot enough attention has been paid to this, says , a former Federal Communications Commission chair during the Clinton administration.
Hundt is one of a number of current and former officials alarmed that the United States has no equivalent to Huawei
that is, a major telecommunications company that both develops next-generation technology and builds it into equipment.
In Europe, they have an Ericsson.
In Japan, they have companies.
And in China, they have not just Huawei but also ZTE.
But Huawei is the one that covers the whole range of products.
All of this made Huawei's 5G standards bid an alarming prospect.
Huawei's IP and standards are the wedge they intend to use to pry open the Western computing world, Hundt says.
The body that develops 5G standards, the 3rd Generation Partnership Project ( ), is an international umbrella organization of various telecommunications groups.
In 2016, it made a key decision on what was called
the part that helped determine how data would be sent over 5G and how it would be checked for accuracy.
After spending millions, undergoing years of testing, and filing for multiple patents, Huawei was not going to pull punches at the critical juncture. It needed the certification of an official standard to cement its claim.
The problem was that reasonable people argued that other techniques would work just as well as polar codes to achieve error correction in the new framework.
Some suggested that a revamp of the current 4G protocol, turbo codes, would be sufficient.
Others, notably San Diego-based , which makes chipsets for mobile technology, liked a third option:
Robert Gallager's old idea, the one that had nearly reached the Shannon limit and had inspired Arkan on his own intellectual journey.
Since the early 1960s, when Gallager proposed LDPC, technology had improved and the cost of commercial production was no longer prohibitive.
Qualcomm's R&D team developed it for 5G.
Though Erdal Arkan did not know it at the time, his work would be squared off against that of his mentor in a competition that involved billions of dollars and an international clash of reputations.
Today Huawei holds more than two-thirds of the polar code patent families
10 times as many as its nearest competitor.
The general feeling in the field, Vardy said, was that Huawei invested a lot of research time and effort into developing this idea.
It seemed all the other companies were at least a few years behind.
But all that work and all those patents would be wasted if the technology didn't fit into the 5G platform.
It has to be adopted by everybody, Tong says.
You have to convince the entire industry that this is good for 5G.
If polar codes were to be the symbol of Huawei's superiority, there was one more hurdle:
I had the responsibility, Wen Tong says, to make it a standard.
In 2009, Nortel filed for bankruptcy.
It had failed to adapt, disappointed its customers, and was ill-prepared to respond to new Chinese competition.
And there was that hack.
Huawei seized the moment.
Nortel's most valuable asset was the unmatched talent in its Ottawa research lab, known as the Canadian equivalent of the legendary Bell Labs.
For years, Huawei had been building up its research capacity, trying to shed its reputation as a low-cost provider whose tech came from purloining the discoveries of others. It had a number of R&D labs around the world.
Now, with Nortel's demise, it could pursue a bigger prize than market share:
technical mastery. And respect.
The head of research at Nortel's lab in Ottawa, , grew up in China and joined Nortel's wireless lab in 1995 after earning a doctorate at Concordia University in Montreal.
He had contributed to every generation of mobile technology and held 470 patents in the US.
If telecommunications companies staged a research scientist draft in 2009, Wen Tong would have been a first-round pick.
Now he was a free agent, and Google, Intel, and others courted him.
Tong picked Huawei. He wanted to keep his networking scientists together, and the team didn't want to leave Canada.
The Chinese company was happy to recruit the group and let them stay in place.
Huawei also promised them freedom to attack the signature challenge for networking science in the 21st century:
creating the infrastructure for .
In this iteration of mobile platforms, billions of mobile devices would seamlessly connect to networks. It promised to transform the world in ways even the scientists could not imagine, and it would mean vast fortunes for those who produced the technology.
The race for would be intense, a matter not only of profit but also national pride.
Not long after Tong joined Huawei, in 2009, a research paper came to his attention.
It was Erdal 's discovery of .
Tong had helped produce the technology that provided the radio-transmission error correction for the current standard, known as turbo codes.
He thought the polar codes concept could be its replacement in 5G.
But the obstacles were considerable, and Tong originally couldn't interest his Canadian researchers in attacking the problem.
Then, in 2012, Huawei asked Tong to restructure its communications lab in China.
He took the opportunity to assign several smart young engineers to work on polar codes.
It involved the none-too-certain process of taking a mathematical theory and making it actually work in practical design, but they made progress and the team grew.
With each innovation, Huawei rushed to the patent office.
In 2013, Wen Tong asked Huawei's investment board for $600 million for 5G research.
Very simple, Tong says. 20 minutes, and they decided.
The answer was yes, and a good deal of that money went into polar codes.
After Huawei came up with software that implemented the theory, the work shifted to testing and iterating. Eventually hundreds of engineers were involved.
Tong was not the only information scientist who had seen Arkan's paper.
of the Jacobs School of Engineering at UC San Diego says the paper achieved something that people were trying to do for 60 years.
The challenge was that polar codes were not suited for 5G's short blocklengths
the amount of 0s and 1s strung together.
Vardy and his postdoc, of the -Israel Institute of Technology, modified the error-correcting technology so it outperformed other state-of-the-art codes when applied to 5G's short blocklengths.
Vardy says he presented his findings in a conference in 2011.
Huawei was there in the audience, and right after that they ran with it, he says, seemingly without rancor.
(UC San Diego owns Vardy and Tal's patent and has licensed it to Samsung on a nonexclusive basis.)
IN 1987, AROUND the time Arkan returned to Turkey, , a 44-year-old former military engineer, began a company that traded telecom equipment.
He called it , which translates roughly to China has a promising future.
Ren tried to distinguish his company by maintaining a fanatical devotion to customer service.
Frustrated with the unreliability of suppliers, Ren decided that Huawei would manufacture its own systems. Thus began a long process of building Huawei into a company that built and sold telecom equipment all along the chain, from base stations to handsets, and did so not only inside China but across the globe.
The rise of Huawei is painstakingly rendered in a small library of self-aggrandizing literature that the company publishes, including several volumes of quotes from its founder.
The theme of this opus is hard to miss, expressed in a variety of fighting analogies. In one such description, Tian Tao, the company's authorized Boswell, quotes Ren on how the company competed against the powerful international elephants that once dominated the field.
Of course, Huawei is no match for an elephant, so it has to adopt the qualities of wolves:
a keen sense of smell, a strong competitive nature, a pack mentality, and a spirit of sacrifice.
The hagiographies omit some key details about how the wolf got along.
For one, they dramatically underplay the role of the , which in the 1990s offered loans and other financial support, in addition to policies that favored Chinese telecom companies over foreign ones.
(In a rare moment of candor on this issue, Ren himself admitted in an interview that Huawei would not exist if not for government support.)
With the government behind them, Chinese companies like Huawei and its domestic rival came to dominate the national telecom equipment market.
Huawei had become the elephant.
Another subject one does not encounter in the company's library is the alleged use of ,
a charge the company denies.
If you read the Western media about Huawei, you will find plenty of people who say that everything from Huawei was begged, borrowed, or stolen. And there is absolutely no truth in that, says Brian Chamberlin, an executive adviser for Huawei's carrier group.
But in one notorious 2003 case, Huawei admitted using router software copied from , though it insisted the use was very limited, and the sides negotiated a settlement that was mutually beneficial.
More recently, in February, the US of filed a suit against the company charging it with growing the worldwide business of Huawei through the deliberate and repeated misappropriation of intellectual property.
The indictment alleges Huawei has been engaging in these practices since at least 2000.
The Chinese government also provided support to help Huawei gain a foothold overseas, offering loans to customers that made Huawei's products more appealing.
One of Huawei's biggest foreign competitors was , the dominant North American telecom company based in Canada.
But Nortel's business was struggling just at a time when competition from Chinese products was intensifying.
Then, in 2004, a Nortel security specialist named Brian Shields discovered that computers based in China, using passwords of Nortel executives, had been hundreds of from the company.
There's nothing they couldn't have gotten at, Shields says.
Though no one ever publicly identified the hackers, and Ren denied any Huawei involvement, the episode added to the suspicion in the West that Huawei's success was not always achieved on the up and up.
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"Denied"
"Cannon refuses to dismiss Trump Espionage Act indictment"
Promptly for Cannon is, what A month
Via Kyle Griffin:
Judge tells lawyer Todd Blanche his argument that the classified case is the fault of the National Archives is a "red herring."
"NARA is not sitting at the table over there," she added.
Cannon says she'll rule "promptly."
She may be suggesting he should upgrade his counsel moving forward.
"Judge in Trump's classified documents case criticizes his lawyer for making 'red herring' argument"
"Trump's lawyers said the case should be thrown out because of the Presidential Records Act. Prosecutors said that the law only applies to personal records, not classified national secrets."
Via Kyle Cheney:
NEW: Judge has offered no hints so far Thursday about the timing of Donald 's classified / obstruction trial.
Trump in court for hearing on classified documents charges
Presumptive GOP presidential candidate D. J. Trump attended a court hearing Thursday where his lawyers tried to convince a federal judge to throw out the charges against him for highly at his Mar-a-Lago home and private club.
At the hearing, U.S. District Court Judge Aileen M. heard from prosecutors and defense lawyers about Trumps claim that he is protected from prosecution by the Presidential Records Act, and what his legal team says is the unfairly vague language of the federal law on national defense secrets.
National security law experts say Trumps arguments about the records act misstate the law. But Trump has made that argument central to his defense, since FBI agents searched his home in 2022 and found more than 100 classified documents he had not turned over to the government, even after being subpoenaed for them.
Cannon could schedule hearings in coming weeks to deal with other the defendant has filed.
"Jack Smith shreds Stephen Miller legal groups complaint about NARA criminal referral with absurd example of how untenable theory would apply in real world"
Via former CIA atty Secrets & Laws: 1/
's separate pres immunity motion hinges on this PRA argument. It's the "official act" underlying the immunity assertion. If thinks it's a close call, that means a stay is likely coming.
When we eventually get to Trump's pres immunity assertion, even if Cannon denies it, she will stay the case unless she finds that the assertion is "frivolous." So today will be the early tell as to how she's leaning on this question.
Gotta be there to intimidate Cannon.
attends critical hearing: Trump is in court as the federal judge presiding over the classified case against him and his two co-defendants is hearing arguments this morning on motions focused on dismissing the charges brought by special counsel .
Via Pagliery:
In the Mar-a-Lago classified case, Donald 's lawyers double down on their request for a special court hearing about his super secret "Q" security clearance.
Energy Dept Read: nukes.
How to make better documents
A really common anti-pattern that I often see is needless inconsistencies. For example, people will vary the size, color or emphasis of titles across different slides in a presentation. Sometimes, this is an artifact of their creationslides with this font came from this team that was working together, but slides with this other font were
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Checklist For Buying a Flat 2024
In this blog, we will check legal documents checklist for buying an apartment in kanjurmarg. Make your apartment buying process in hassle-free.
Read on:
Of course.
Via Anna Bower:
Judge has granted s request for a 10 day extension to file replies to some of his motions to dismiss charges in the classified case.
Previously, the deadline for Trump to file replies was set for March 14. But Trumps attorneys asked to extend that deadline to March 24, citing the need to travel to an upcoming hearing in Ft. Pierce and to prepare for Trumps trial in New York.
Former Employee Who Moved Boxes of Tells He Suspected Was Up to Something
From CNN "A longtime Mar-a-Lago employee who is a central witness in the investigation into former President Donald Trumps handling of classified documents is now speaking publicly because he believes that voters should hear the truth about his former boss and the case before the November election."
Bombshell interview sees Trump witness reveal he loaded boxes of documents onto plane
, an employee at Mar-a-Lago serving as a witness in the case against former President Donald Trump, told his side of the story to CNN's Kaitlan Collins in an interview released on Monday.
Butler, identified in court records only as "Trump Employee 5," said he was asked by the former president's body man Walt , also charged in the indictment from special counsel Jack Smith, to help him load boxes onto Trump's plane.
"They were the boxes that were in the indictment, the white banker's boxes," Butler told Collins.
"That's what I remember loading."
Butler told Collins this after explaining the journey from Mar-a-Lago that included a motorcade and a text message alerting Trump's valet that he on his way.
"He followed me, he pulled out and got behind me," Butler said. "I ended up loading all the luggage I had, and he had a bunch of boxes."
Collins demanded to know if Butler understood that there might be U.S. national security secrets in the boxes he was told to handle.
"No, I had no clue," Butler said. "We were just taking them out of the Escalade, piling them up. I remember they were all stacked on top of each other and then we're lifting them up to the pilots."
"How many boxes was it" asked Collins.
"They asked me in the interview, and I believe it was I tend to 15, is what I remember," said Butler.
Butler didn't realize until later that the boxes would end up at the heart of special counsel Jack Smith's Florida federal court case, in which Trump has pleaded not guilty to charges that include conspiracy to obstruct justice and corruptly concealing a document or record, he said.
"There were a few different things that happened that kind of opened my eyes to, you know, something's going on here," Butler said.
"So you get that unusual request," Collins said. "Did you ever think to yourself, why were there so many boxes at Mar-a-Lago"
"For me, I'm just thinking, oh, the former president has a lot of stuff he likes to lug around with him," he said. "I never would've thought it was anything like what we see."
1/... "Brian Butler, Trump Employee 5 in the classified indictment brought by .. doesnt believe the criminal case against is a witch hunt:...Butler..unknowingly helped Nauta deliver boxes of classified information from Mar-a-Lago to the former presidents plane in June 2022 the same day that Trump and his attorney were meeting with DOJ at Mar-a-Lago about the classified docs"
A requisite timeline to keep up with the former Republican president's many court demands.
"Keeping Up With the Trump Trials"
Via Lisa Rubin: 1/2
Some of these excuses are running thin. lawyer Chris Kise, for example, lives in , as does Sasha Dadan, FL counsel for Walt Nauta.
Katie Phang:
NEW: All of the MAL defendants seek an extension of time to file certain Reply briefs to various Oppositions filed by Special Counsel that responded to Defendants multiple motions to dismiss.
Follow up to my last posting...
Floyd's Island
Via Kyle Cheney:
filed response to 's claim he= entitled to declare classified he tk home w him as "personal" records.
Says Trump's claim to possess DOE security clearance after leaving office is incorrect.
Prosecutors got *lots* of warrants on Walt Nauta..say Nauta brought Trump boxes to review, but Trump cut off review after lking at 15 boxes & ordered only those shipped to NARA, even though there were another 70-80 left in storage
Via Kyle Cheney:
JUST IN: Prosecutors say they've provided another small batch of discovery to in his case, including "the memorialization of an interview conducted on March 6, 2024."
Via Emptywheel: 1/...
Aside from hour improper this is and the likelihood that it'll work, if the appointment thing works, then Hunter Biden's far better appointment claim gets fast-tracked.
Hugo Lowell:
New: Judge in classified case accepts two amicus briefs filed by Trump-adjacent lawyers that may be of considerable help re Trump motions to dismiss ominous for Special Counsel. 1st says NARA referral flawed and 2nd says improperly appointed.
The coup leader/rapist/fraud is blocking a bipartisan border reform bill this month that wouldve provided billions for our border security. He blocked it.
The entire GOP has bent the knee and given allegiance to a man who is charged with , adjudicated fraud, adjudicated rapist, bragged about grabbing women by the genitals, engaged in numerous adulterous affairs, was held liable for sexually assaulting a woman, and is proud of helping kill Roe v Wade.
Republicans are weak and in profound moral collapse.