Judge Approves Trump's 'Special Master' Request

[konradv]

Why did the DOJ object?

Didn’t I just say “delays”?

 

[jc456]

Didn’t I just say “delays”?

Funny

 

[Seymour Flops]

are you drunk alread today? The judge did no such thing....and remember both sides have to agree on who the special master is, thus it cannot be a Trump loyalist.

I'm not so sure that is true. The part about that they have to agree, not the part about it being a Trump loyalist. Although it would be more than a little ironic for the DNC/DOJ/FBI to object to someone for being loyal to the DNC's opponent.

A special master is basically a delegate of the judge for specific actions. Since the DNC/DOJ/FBI do not want a special master in the first place, it would be illogical to give them the power to simply veto every master the judge proposes.

I'm sure that they have the right to object for cause to any that seem particularly inappropriate, but the judge will rule on their objection.

 

[scruffy]

Who owns government documents?

Silly libtard.

We do, of course.

We the People paid for them, therefore We the People own them.

Any more stupid questions?

 

[WEATHER53]

They are government property....not trump's.

Those black pens so many former employees have is going to land them all in jail
Your hysterical wussing is fun to watch

 

[Mac1958]

Silly libtard.

We do, of course.

We the People paid for them, therefore We the People own them.

Any more stupid questions?

No, I try to keep everything simple for you folks.

I'm glad you agree with the search and seizure.

 

[Clipper]

Maybe now we'll get to the bottom of Trump's explanations, in chronological order:

1. There's nothing there!
2. The FBI planted them!
3. If only you had asked!
4. They're mine!
5. I declassified them!
6. They were for my library!

DOJ should let the decision by that idiot judge ride. An appeal will take months which is what Trump wants. The sooner that Trump is indicted & slapped with a gag order to shut his big mouth, put on trial & locked up as a traitor the better off this Country will be. His cult can eat shit if they don't like it.

 

[scruffy]

Given the discretion with which Garland has proceeded to date there is no reason to believe he would have followed the DoJ protocol on prohibiting announcements concerning ongoing investigations 6 weeks prior to elections. The protocol Comey violated, costing Hillary the election.

lol

Hillary cost Hillary the election.

 

[MAGA Macho Man]

The nice looking judge. Great jawline features. Nice skin tone.

 

[Mac1958]

DOJ should let the decision by that idiot judge ride. An appeal will take months which is what Trump wants. The sooner that Trump is indicted & slapped with a gag order to shut his big mouth, put on trial & locked up as a traitor the better off this Country will be. His cult can eat shit if they don't like it.

A little delay won't hurt. This is just one case, as well. The rubes are getting more feral and angry by the day, so just observing them will keep us occupied as we wait.

 

[Meathead]

Agreed the DOJ and the courts have zero credibility at this point.

Given how compromised the DOJ, FBI and the Democrat party are, justice demands this.

 

[berg80]

big win for the rule of law, huge blow to the xiden regime

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.

 

[Care4all]

The judge is another MAGA cult member. The special master will change nothing.

Simply a stall tactic....

 

[struth]

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.

yeah the judge tossed the xiden regime silly arguments…what’s your point? and the judge correctly highlighted the lack of transparency and lack of trust in the regime and begged them to try and help restore those basic things that the public demands on our republic

we shall see.

 

[Coyote]

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?

I think it is a good idea in that it will eliminate questions of bias or claims of violating privelege.

 

[berg80]

Anyone interesting can read the government's total dismantling of Team Trump's argument here.

Justice Department Files 40-Page Opposition to Mar-a-Lago Special Master Request

The 40-page response outlined the government's position as to why a special master should not be appointed, though outlining limitations that should apply should the request be granted.

www.lawfareblog.com

Cannon's ruling being the most recent example of the price the country is paying for Don bending over while blindly accepting Leonard Leo's list of appointees to the Federal bench.

 

[berg80]

yeah the judge tossed the xiden regime silly arguments

I'm impressed that you were able to read them so quickly before you rendered your expert legal opinion. (wink)

 

[berg80]

No they do not... no one in the government can look in the boxes until the special master is finished....

Nope.

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.” Her order would not, however, affect a separate review of the documents being led by the Office of the Director of National Intelligence.

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

 

[struth]

I'm impressed that you were able to read them so quickly before you rendered your expert legal opinion. (wink)

you thought that was quick?

 

[berg80]

The nice looking judge. Great jawline features. Nice skin tone.

Trump always had a tendency to chose form over function.