DOJ Appeals Trump Judges Special Master Ruling

[ColonelAngus]

The DOJ is trying to hide shit.

The dumb fucking cult loves it.

Why?

 

[C_Clayton_Jones]

Open borders clown. National security is nil.

This is a lie.

There are no ‘open borders.’

 

[Marener]

Please read the articles in my post-174 above. There are issues with the search warrant.

The Townhall Op-Ed is pretty stale. It does not benefit from the significant amounts of information we now have that they didn’t a month ago when it was written.

It’s entire basis is that the DoJ should assume that Trump declassified the documents. You can’t violate someone’s fourth amendment right because of a failure to assume something for which there is no evidence.

To put it another way, they say the DoJ shouldn’t ever suspect Trump committed a crime because Trump has the power to not commit a crime. It’s recursive and silly.

 

[Indeependent]

Republicans usually "protest" by shooting up churches and running down crowds of peiople in their cars.

Once in 50 years.
You really want to compare blood shed by party affiliation?!

 

[Indeependent]

The fuck they were.

And more importantly the ballots were there to be counted

Jesus ya lying fuck

You have proven time and again that you know zero current events on a daily basis.
You do know DailyKOS events.

 

[kyzr]

The Townhall Op-Ed is pretty stale. It does not benefit from the significant amounts of information we now have that they didn’t a month ago when it was written.

It’s entire basis is that the DoJ should assume that Trump declassified the documents. You can’t violate someone’s fourth amendment right because of a failure to assume something for which there is no evidence.

To put it another way, they say the DoJ shouldn’t ever suspect Trump committed a crime because Trump has the power to not commit a crime. It’s recursive and silly.

Its silly until a court rules that Trump did in-fact declassify what he claimed as president.

Its not silly to say when you have the power not to commit a crime, why wouldn't you use it?

 

[Marener]

Its silly until a court rules that Trump did in-fact declassify what he claimed as president.

Its not silly to say when you have the power not to commit a crime, why wouldn't you use it?

For a court to do so, Trump would first have to claim it. So far he’s been meticulously avoiding doing so.

It would be grossly irresponsible if he did.

 

[berg80]

We'll see how the appeal process works out.

Thus far the DoJ is asking Cannon directly that she reconsider her highly flawed ruling.

To put the matter simply, Cannon’s analysis here has turned a rule designed to offer a pre-indictment remedy for Fourth Amendment violations into a vehicle for people who have not yet even been indicted to file collateral challenges that have the capacity to prohibit the government from conducting the very investigation that would otherwise properly result in their indictment.

 

[berg80]

Cannon begins by disclaiming the need to even conduct an analysis of whether this measure is appropriate, observing that “a temporary restraint on use naturally furthers and complements the appointment of a special master” and citing two instances in which courts did not discuss Federal Rule of Civil Procedure 65, the rule governing injunctions, when issuing them in similar contexts.

Nonetheless, “for the sake of completeness and prudence,” she chooses to lay out her Rule 65 analysis anyway. She badly bungles this analysis too. The standard here is well-known. To get an injunction, Trump needs to show (1) a substantial likelihood of success on the merits, (2) that he will suffer an irreparable injury in the absence of relief, (3) that this injury outweighs the damage that granting relief will cause the government, and (4) that the public interest is not adverse to an injunction.

The judge spends exactly one sentence on Trump’s likelihood of success on the merits. It reads as follows: “As discussed above ... the Court is satisfied that Plaintiff has ‘a likelihood of success on the merits of [his] challenge to the [Privilege Review Team] and its [p]rotocol.’” The phrase “as discussed above” refers back to the following passage earlier in the opinion:

But Rule 41(g), the supposed jurisdictional basis for Cannon’s opinion, does not authorize a “challenge to the [Privilege Review Team] and its [p]rotocol.” It authorizes a challenge by “a person aggrieved by an unlawful search and seizure of property or by the deprivation of property” in order to effectuate “the property’s return.” And Cannon nowhere even suggests that Trump has a substantial likelihood of success on the merits in establishing that the government has acted improperly in conducting the search or in seizing the material.

Indeed, Trump’s briefs do not even purport to establish a likelihood of success on the merits of the point on which Cannon credits them with doing so. Rather, Trump claims that the government’s review should be overseen by a special master to “preserve the sanctity of executive communications and other privileged materials.” They argue that the search warrant might be overbroad or improperly executed (while offering no evidence that either is true), the filter team protocol was procedurally deficient, and the government’s team might include “FBI agents involved in the Russia defamation matter” or other biased personnel from a “government that has long treated [Trump] unfairly.” They invoke the need for the appearance of fairness given that “this matter has captured the attention of the American public.” More bizarrely, Trump argues that a special master is necessary to “provid[e] defense counsel with information needed to support any Rule 41(g) filing.” In other words, the judge has found that Trump has established a likelihood of succeeding on the merits of a claim he believes he cannot make until a special master is appointed to help him decide whether such a claim is worth bringing.

 

[berg80]

There are issues with the search warrant.

No, there aren't.

The judge spends exactly one sentence on Trump’s likelihood of success on the merits. It reads as follows: “As discussed above ... the Court is satisfied that Plaintiff has ‘a likelihood of success on the merits of [his] challenge to the [Privilege Review Team] and its [p]rotocol.’” The phrase “as discussed above” refers back to the following passage earlier in the opinion:

But Rule 41(g), the supposed jurisdictional basis for Cannon’s opinion, does not authorize a “challenge to the [Privilege Review Team] and its [p]rotocol.” It authorizes a challenge by “a person aggrieved by an unlawful search and seizure of property or by the deprivation of property (of which there is none )” in order to effectuate “the property’s return.” And Cannon nowhere even suggests that Trump has a substantial likelihood of success on the merits in establishing that the government has acted improperly in conducting the search or in seizing the material.

 

[kyzr]

For a court to do so, Trump would first have to claim it. So far he’s been meticulously avoiding doing so.
It would be grossly irresponsible if he did.

Yep, Biden said you can't declassify documents by waving a wand, there are procedures to be followed.
That said, the courts give presidential authority "mass quantities" of leeway based on his Constitutional authority. Like when the court said that Bill Clinton's tapes were his personal property.

 

[kyzr]

Thus far the DoJ is asking Cannon directly that she reconsider her highly flawed ruling.

To put the matter simply, Cannon’s analysis here has turned a rule designed to offer a pre-indictment remedy for Fourth Amendment violations into a vehicle for people who have not yet even been indicted to file collateral challenges that have the capacity to prohibit the government from conducting the very investigation that would otherwise properly result in their indictment.

Sounds okey-dokey to me.
Cannon is protecting Trump's Constitutional rights from an illegal search and seizure.
The judge is NOT prohibiting any investigation, she is delaying the investigation until she is sure that only documents that the DOJ is entitled to are used. The DOJ has many documents that they have no right to.

 

[kyzr]

No, there aren't.

The judge spends exactly one sentence on Trump’s likelihood of success on the merits. It reads as follows: “As discussed above ... the Court is satisfied that Plaintiff has ‘a likelihood of success on the merits of [his] challenge to the [Privilege Review Team] and its [p]rotocol.’” The phrase “as discussed above” refers back to the following passage earlier in the opinion:

But Rule 41(g), the supposed jurisdictional basis for Cannon’s opinion, does not authorize a “challenge to the [Privilege Review Team] and its [p]rotocol.” It authorizes a challenge by “a person aggrieved by an unlawful search and seizure of property or by the deprivation of property (of which there is none )” in order to effectuate “the property’s return.” And Cannon nowhere even suggests that Trump has a substantial likelihood of success on the merits in establishing that the government has acted improperly in conducting the search or in seizing the material.

Please re-read my post-174 for two articles that say that the warrant was illegal.
Which is what your above post disputes.

Your post is well written, but its your interpretation of the legal situation. Today the Trump lawyers have to reply to the DOJ's 24-page appeal. We'll see where the appeal is headed very soon.

 

[Marener]

Yep, Biden said you can't declassify documents by waving a wand, there are procedures to be followed.
That said, the courts give presidential authority "mass quantities" of leeway based on his Constitutional authority. Like when the court said that Bill Clinton's tapes were his personal property.

I’m eager to see Trump try to claim they’re declassified in court. It opens himself up to questioning on that matter.

The DoJ appeal appears to be baiting him into saying definitively one way or another.

Of course, if you have a hack of a judge who is willing to ignore reality and precedent, Trump gets to do whatever he wants because nothing means anything anymore.

 

[Lastamender]

This is a lie.

There are no ‘open borders.’

Then how did over 4 million people get into this country in the last two years?

 

[LEFT=POISON]

Of course the DoJ would appeal.
Judge Cannon's ruling would stall and impede the Federal investigation of Trump.

"The U.S. Dept. of Justice on Thursday filed a notice of appeal against U.S. District Judge Aileen Cannon’s ruling allowing Donald Trump the “special master” his legal team requested. The order also halted DOJ from taking any investigative steps in conjunction with the 13,000 items, including more than 100 classified documents federal agents seized during the August 8 search warrant execution of Mar-a-Lago"

"“The Justice Department also argued that a former president cannot assert executive privilege after he leaves office, and that it is not possible for one part of the executive branch to assert privilege to shield documents from another part,” The Washington Post reports, but notes that the “appeals process could take longer than any document review by the special master.”

DOJ appeals Trump judge’s special master ruling: 'Irreparably harm the government and the public'

The U.S. Dept. of Justice on Thursday filed a notice of appeal against U.S. District Judge Aileen Cannon’s ruling allowing Donald Trump the “special master” his legal team requested. The order also halted DOJ from taking any investigative steps in conjunction with the 13,000 items, including...

www.rawstory.com

You applaud the waste of tax dollars

 

[jknowgood]

Nazis like you don't care about the rule of law.

If we actually had a rule of law. There wouldn't of been a Mueller investigation, about a made up Russia collusion conspiracy.

 

[Fort Fun Indiana]

You applaud the waste of tax dollars

No, you do,by supporting the orange slob 's frivolous filings.

 

[Lastamender]

You applaud the waste of tax dollars

He applauds anything that helps to destroy this country.

 

[okfine]

You applaud the waste of tax dollars

I do? Give an example.