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obiterdictum

09/29/19 1:09 AM

#565659 RE: Dax1 #565647

It sounds like there are some of these secret documents, still undisclosed (500)?!

The number of documents that have not been disclosed or examined in camera is unknown. "Quick peek" documents numbered 1,500 out of 11,000. 3,500 additional out of the 11,000 documents were released to attorneys. Perhaps, more have been released. Case Filings indicating remaining numbers seen and unseen have not yet been found.

See: https://gselinks.com/Court_Filings/Fairholme/13-465-0392.pdf

Are these executive privilege, or classified..

The United States Court of Appeals for the Federal Circuit (CAFC) selected exemplars of bank examination privilege and deliberative process privilege documents. These exemplars were used as a measure for the selecting similar documents out of the 11,000-12,000 documents previously undisclosed to attorneys. Presidential communication privilege documents were barred by the CAFC from disclosure. Only those type of documents cleared by CAFC are available for examination.

See: https://gselinks.com/Court_Filings/Fairholme/17-1122-0018.pdf

There has been no public release of most of these documents. Here is a privilege log to given an idea of the documents in Fairholme et al.

https://investorsunite.org/wp-content/uploads/2016/03/FHFA-final-master-privilege-log-6-1-2015.pdf

Could Trump release them?

That would controversial under the Presidential Records Act (PRA). Release depends on the statutory provisions of the PRA and how Bush and Obama invoked the PRA regarding their Presidential Records.

See: § 2204. Restrictions on access to Presidential records
- https://www.archives.gov/about/laws/presidential-records.html -

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