Judge Approves Trump's 'Special Master' Request

[jc456]

The 2nd circuit court of appeals says NO.

They specifically said: Because declassification, even by the President, must follow
established procedures.
and: second, that such statements
subsequently triggered actual declassification.

Or what?

 

[jc456]

Yes. Yes, they are.

The demofks think declassified is classified!!! Goofy huh?

 

[meaner gene]

And whether the PRA claims that all of the paperwork belongs to the United States or not is debatable — even within the four corners of the Act.

If I retained the files from my office once I retired, the office would have a very good gripe that I should return them. But once again, this wouldn’t be a one size fits all situation necessarily. Suppose I have a claim that some of the work product is mine, not theirs. Why, we might engage in a period of even protracted “negotiation” over that question of entitlement. Funny enough, that’s what our government’s lawyers were doing with former President Trump and his lawyers: negotiating

The PRA, like your company should have done. Specifies that you're to keep company records separated from personal records. You don't store your private papers in company file cabinets. So at the time of your departure you can clean out your desk of personal paperwork. But you can't go through company file cabinets for additional documents to take home.

 

[struth]

But Trumps friends and family do. And his hotel staff, and his aides, and his lawyers.

sure so? only people invited in do. what’s your point?

you know the NA is actually a public building

 

[jc456]

It's been posted a million times.

There aren’t a million posts, so I don’t believe you

 

[meaner gene]

Or what?

The court has spoken.
Even presidential declassification takes more than just saying the words.

 

[BackAgain]

The demofks think declassified is classified!!! Goofy huh?

They ain’t exactly the sharpest balloons at the circus.

 

[C_Clayton_Jones]

It is, of course, nothing of the kind. Your Pavlovian response is noted.

Here's a summary of a part of the government's case.

Jay Bratt trudges to the podium to respond for the government. He begins by reminding the court that this is a pre-indictment challenge to a search warrant and that, at this stage, the plaintiff thus has relatively limited rights. There are only two bases for the court’s jurisdiction at this point, he explains. First, there’s Rule 41(g) of the Federal Rules of Criminal Procedure, which allows a “person aggrieved by an unlawful search and seizure of property or by the deprivation of property [to] move for the property's return.” But 41(g) doesn’t apply here, he argues. A second basis for jurisdiction, he continues, is found in the court’s “equitable” or “anomalous” jurisdiction. But that would trigger certain burdens that the Trump team simply has not put forward sufficient evidence to overcome.

Delving deeper into the jurisdictional issues at play, Bratt argues that Trump’s motion is “really a 41(g) motion.” But a key factor under 41(g) is a possessory property interest, he says. And because former presidents don’t have a possessory interest in presidential records, “that ends the analysis under 41(g).” In other words, as the government put it in its brief, “Plaintiff has no property interest in any Presidential records (including classified records) seized from the Premises. The PRA provides—under a heading entitled “Ownership of Presidential records”—that “[t]he United States shall reserve and retain complete ownership, possession and control of Presidential records.”

Cannon interrupts to ask whether Bratt is “putting the cart before the horse.” She wonders why, as a matter of Fourth Amendment law, a possessory interest must be established at this stage. In reply, Bratt first reminds the court that Trump had no “reasonable expectation of privacy” because the search was conducted pursuant to a search warrant based on judicial finding of probable cause. He again emphasizes that this proceeding is pre-indictment. If a Fourth Amendment claim needs to be made, then the appropriate time to make it is later in the process—with a motion to suppress evidence or some similar motion.

A Mar-a-Lago Showdown in Federal Court

At least one judge seems to be taking former President Trump’s motion for a special master pretty seriously.

www.lawfareblog.com

In her order, issued on the Labor Day holiday, Judge Cannon said she made her decisions “to ensure at least the appearance of fairness and integrity under the extraordinary circumstances.”

Judge Grants Trump’s Request for Special Master to Review Mar-a-Lago Documents (Published 2022)

The ruling also effectively barred federal prosecutors from using key pieces of evidence as they continue to investigate whether Mr. Trump illegally retained national defense documents at his estate.

www.nytimes.com

Despite having no legal ground to stand on the judge Trump appointed, persuaded by theatrics,

"With housekeeping matters behind her, Cannon now has Kise rise to argue the merits of Trump’s “Motion for Judicial Oversight and Additional Relief.” He begins by observing that there is a “lack of trust” between the parties, a “lack of transparency” in the investigation, and a resulting “lack of faith” in the administration of justice. He implores Cannon to “help restore public confidence” by acceding to Trump’s “modest” request for a special master."

rather than precedent and the government's legally compelling arguments, granted Trump's meaningless notion.

There was no need to “help restore public confidence” – the people are perfectly confident of the government’s investigation into Trump, save for dishonest Trump supporters/defenders propagating lies of government ‘misconduct.’

 

[skews13]

A federal judge has granted a request by former President Donald Trump’s legal team to appoint a special master to review documents seized by the FBI during a search of his Florida home last month.

WASHINGTON (AP) — A federal judge on Monday granted a request by former President Donald Trump’s legal team to appoint a special master to review documents seized by the FBI during a search of his Florida home last month.

The decision by U.S. District Judge Aileen Cannon came despite the objections of the Justice Department, which said an outside legal expert was not necessary in part because officials had already completed their review of potentially privileged documents. The judge had previously signaled her inclination to approve a special master, asking a department lawyer during arguments this month, “What is the harm?”

The appointment may slow the pace of the department's investigation into the presence of top-secret information at Mar-a-Lago, but it is unlikely to affect any investigative decisions or the ultimate outcome of the probe.

JUDGE GREEN-LIGHTS TRUMP’S ‘SPECIAL MASTER’ REQUEST

Not a surprise from a Trump-appointed judge. However, this won't affect the final outcome. What do you think?

This is troubling, and great at the same time. For one, it's troubling that she took the case in the first place. Another judge was already involved. This judge could find herself in an obstruction of justice case of her own. Contrary to popular belief, being a judge doesn't shield her from that possibility.

The DOJ will probably appeal her ruling, so I doubt seriously they will stop the investigation, in light of her stay.

It's great in the fact this keeps Trump front and center in the news cycle, taking all of the oxygen out of the room for Republicans in the midterms. Now Democrats control the campaign messaging space in the news cycles, with President Biden out front leading, and pro choice candidates, now being the loudest voices.

Kind of hard to mount an offense with Trump having whine and cry rally, after whine and cry rally over his 2020 election landslide loss, and trying to make those top secret documents less important than Melanias underwear.

I'm not seeing any downside to this for Democrats.

I'm not seeing any upside to this for Trump, or his judge.

And the Judiciary just took another hit to it's already dwindling credibility.

 

[meaner gene]

There aren’t a million posts, so I don’t believe you

Learn idioms.

 

[jc456]

Learn idioms.

I post to you idiots constantly

 

[jc456]

They ain’t exactly the sharpest balloons at the circus.

They are full of hot air

 

[jc456]

The court has spoken.
Even presidential declassification takes more than just saying the words.

Odd then why isn’t trump arrested?

 

[BackAgain]

This is troubling, and great at the same time. For one, it's troubling that she took the case in the first place. Another judge was already involved. This judge could find herself in an obstruction of justice case of her own. Contrary to popular belief, being a judge doesn't shield her from that possibility.

The DOJ will probably appeal her ruling, so I doubt seriously they will stop the investigation, in light of her stay.

It's great in the fact this keeps Trump front and center in the news cycle, taking all of the oxygen out of the room for Republicans in the midterms. Now Democrats control the campaign messaging space in the news cycles, with President Biden out front leading, and pro choice candidates, now being the loudest voices.

Kind of hard to mount an offense with Trump having whine and cry rally, after whine and cry rally over his 2020 election landslide loss, and trying to make those top secret documents less important than Melanias underwear.

I'm not seeing any downside to this for Democrats.

I'm not seeing any upside to this for Trump, or his judge.

And the Judiciary just took another hit to it's already dwindling credibility.

Poor ^ befuddled screwy libtard. A judge applies logic and reason and fairness and skewed13 criticizes the legal system.

But for the Brandon DOJ to be politicizing the entire thing and for a magistrate judge to have signed that absurd general warrant doesn’t get criticized by skewed13 at all.

 

[jc456]

There was no need to “help restore public confidence” – the people are perfectly confident of the government’s investigation into Trump, save for dishonest Trump supporters/defenders propagating lies of government ‘misconduct.’

Straight faced that one did you?

 

[C_Clayton_Jones]

i’m not sure your point…nobody ever suggested he owns Govt property

A violation. of the PRA isn’t a crime

No one said it was.

But violating the Espionage Act and obstruction of justice are crimes.

“…the three laws cited as the basis for the warrant make it a crime to mishandle government records, regardless of whether they are classified. As such, Trump's claims that he declassified the documents would have no bearing on the potential legal violations at issue.”

FBI seized top secret documents at Trump's home; Espionage Act cited

FBI agents in this week's search of former U.S. President Donald Trump's Florida home removed 11 sets of classified documents including some marked as top secret, the Justice Department said on Friday, while also disclosing it had probable cause to conduct the search based on possible Espionage...

news.yahoo.com

 

[jc456]

No one said it was.

But violating the Espionage Act and obstruction of justice are crimes.

“…the three laws cited as the basis for the warrant make it a crime to mishandle government records, regardless of whether they are classified. As such, Trump's claims that he declassified the documents would have no bearing on the potential legal violations at issue.”

FBI seized top secret documents at Trump's home; Espionage Act cited

FBI agents in this week's search of former U.S. President Donald Trump's Florida home removed 11 sets of classified documents including some marked as top secret, the Justice Department said on Friday, while also disclosing it had probable cause to conduct the search based on possible Espionage...

news.yahoo.com

Straight faced that one too?

 

[skews13]

Poor ^ befuddled screwy libtard. A judge applies logic and reason and fairness and skewed13 criticizes the legal system.

But for the Brandon DOJ to be politicizing the entire thing and for a magistrate judge to have signed that absurd general warrant doesn’t get criticized by skewed13 at all.

Judge shopping for a judge you appointed, for no other reason than to buy time, in a situation you are not going to win in the end anyway, is the definition of politicizing the entire thing dimwit.

All while the biggest criminal president to ever disgrace the office and the country, continues politicizing it in another whine and cry rally.

Whining, crying, lying, and politicizing. It's what he does.

And dimwits like you shit on the country, and suck his dick.

It's what you do.

 

[berg80]

Legal experts were left reeling on Monday after a judge approved ex-President Donald Trump’s request for a special master to review the documents the FBI seized from Mar-a-Lago as Trump insists the materials are covered by executive privilege (actual sitting President Joe Biden has not claimed executive privilege over them).

Legal Experts Slam Judge’s Approval Of Trump’s Special Master Request

Legal experts were left reeling on Monday after a judge approved ex-President Donald Trump’s request for a special master to review the documents the FBI seized from Mar-a-Lago as Trump insists the…

talkingpointsmemo.com

This ruling is preposterous—especially the part where it blocks the government from continuing to use materials already in its possession. At the very least, that last ruling creates an immediately appealable injunctive-like order, which DOJ can now take to the Eleventh Circuit.


This judge basically did Trump’s lawyers’ work for them, making arguments under the 4-part Richey test which Trump did not brief or argue, making executive privilege arguments that Trump did not press fully in the hearing, and granting an injunction when one wasn’t requested.


Given
@POTUS
decides application of Executive Privilege, I am hard pressed to understand how Special Master can presumably overrule sitting President. Expect any adverse decision to be appealed by Govt.


Even though this Judge’s Order appointing a special master won’t stop the very serious Trump stolen docs investigation, having been the decider of whether DOJ should appeal various cases in the past, I think DOJ has to appeal here. Sets a terrible precedent. That’s what I’d do.


Katyal served as an attorney in the Solicitor General's office, was the acting Solicitor General, and as Principal Deputy Solicitor General in the U.S. Justice Department. Katyal has argued more U.S. Supreme Court cases than any other minority lawyer in American history.

 

[jc456]

Legal experts were left reeling on Monday after a judge approved ex-President Donald Trump’s request for a special master to review the documents the FBI seized from Mar-a-Lago as Trump insists the materials are covered by executive privilege (actual sitting President Joe Biden has not claimed executive privilege over them).

Legal Experts Slam Judge’s Approval Of Trump’s Special Master Request

Legal experts were left reeling on Monday after a judge approved ex-President Donald Trump’s request for a special master to review the documents the FBI seized from Mar-a-Lago as Trump insists the…

talkingpointsmemo.com

This ruling is preposterous—especially the part where it blocks the government from continuing to use materials already in its possession. At the very least, that last ruling creates an immediately appealable injunctive-like order, which DOJ can now take to the Eleventh Circuit.


This judge basically did Trump’s lawyers’ work for them, making arguments under the 4-part Richey test which Trump did not brief or argue, making executive privilege arguments that Trump did not press fully in the hearing, and granting an injunction when one wasn’t requested.


Given
@POTUS
decides application of Executive Privilege, I am hard pressed to understand how Special Master can presumably overrule sitting President. Expect any adverse decision to be appealed by Govt.


Even though this Judge’s Order appointing a special master won’t stop the very serious Trump stolen docs investigation, having been the decider of whether DOJ should appeal various cases in the past, I think DOJ has to appeal here. Sets a terrible precedent. That’s what I’d do.


Katyal served as an attorney in the Solicitor General's office, was the acting Solicitor General, and as Principal Deputy Solicitor General in the U.S. Justice Department. Katyal has argued more U.S. Supreme Court cases than any other minority lawyer in American history.

Utter nonsense