Merrick Garland to appeal court ruling for Special Master.

[CowboyTed]

delay tactic by the xiden admin

Most legal experts think Cannon is getting at least partially over turned.

 

[Rogue AI]

Medical records and attorney client privilege documents were being sorted out by the filter team and going to be returned to Trump.

The former president does not get to exercise executive privilege against the current president. That's also in Nixon. That's absolutely bonkers to think he could do so. This would be Trump trying to keep administration documents from the administration. It makes zero sense but here we are.

The FBI should have only taken relevant documents in the first place, this whole thing reeks of witch hunt.

 

[struth]

Most legal experts think Cannon is getting at least partially over turned.

maybe…what part?

 

[CowboyTed]

What law school did you graduate from?

This is a delay tactic by the Trump team but it basically gives the ground that the documents are the property of the US people.

By Trump claiming Executive Privilege he is admitting they were apart of his work as President and as such the property of the US people.

 

[CowboyTed]

maybe…what part?

Hard to know...
Legal experts have a number issues with verdict from just a legal perspective.

Everything Wrong With Judge Cannon’s Ruling

Judge Aileen Cannon’s opinion in the Mar-a-Lago matter actually defies defense.

www.lawfareblog.com

There is a lot there but basically can't assert executive privilege on the executive branch of government for starters...

 

[CowboyTed]

The FBI should have only taken relevant documents in the first place, this whole thing reeks of witch hunt.

Search warrant allowed them to take anything they want and return unrelated stuff later. That is standard in any investigation.

 

[struth]

Hard to know...
Legal experts have a number issues with verdict from just a legal perspective.

Everything Wrong With Judge Cannon’s Ruling

Judge Aileen Cannon’s opinion in the Mar-a-Lago matter actually defies defense.

www.lawfareblog.com

There is a lot there but basically can't assert executive privilege on the executive branch of government for starters...

he’s not, that’s not the point of the special master

 

[Rigby5]

Cannon's ruling was nearly incoherent. It was going to add far more delay to the investigation than people expect. Just finding the special master and figuring out the parameters for executive privilege was going to take weeks upon weeks of negotiations.

Bad ruling and needs to be overturned at least in part.

The search warrant should never have been granted without a special master already being in place.
There was never a legal reason for a fishing expedition into a private residence like that.

 

[Rigby5]

Search warrant allowed them to take anything they want and return unrelated stuff later. That is standard in any investigation.

No its not.
The search warrant legally has to be exact and explicit.
They can pick up other things they see if they are blatantly illegal, but they can NOT at all take any docs that are not specifically labeled as government property.

 

[Rogue AI]

Search warrant allowed them to take anything they want and return unrelated stuff later. That is standard in any investigation.

Wrong. There are specific limits which were clearly violated.

 

[BWK]

Breaking news, Trumps lawyers refuse to answer whether Trump de-classified documents. That SOB is going to be indicted.

Eric Hershmann told Trump to return those documents before he left office, and he didn't do it.

 

[Rigby5]

What precedent did she cite for a special master to review documents for executive privilege of a former president over the objection of a current one?

There is none. She made it up.

Wrong.
There are lots of precedents for a special master where the rights of individuals need to be protected.

{...
A "special master" is appointed by a court to carry out some sort of action on its behalf. Theoretically, a "special master" is distinguished from a "master". A master's function is essentially investigative, compiling evidence or documents to inform some future action by the court, whereas a special master carries out some direct action on the part of the court. It appears, however, that the "special master" designation is often used for people doing purely investigative work, and that the simple "master" designation is falling out of use.

Activities carried out by special masters are as diverse as the actions taken by courts. They are often appointed as facilitators in child custody cases, for example, but the term "special master" was also used to describe the person appointed by Congress to administer compensation for the victims of the 9/11 terrorist attacks in New York. The term often appears in original jurisdiction cases decided by the Supreme Court ; these are often cases involving boundary disputes between the states, with a special master appointed to resolve questions of geography or historical claims. See, for example, New Jersey v. New York, 523 US 767 (1998)

In U.S. v. Microsoft, Judge Jackson appointed Lawrence Lessig as a Special Master to advise the court about technical issues, and to investigate certain claims, such as Microsoft's assertion that removing Internet Explorer from the Windows operating system would make the system slower.

Infrequently, attorneys taking a deposition in a distant, non-courthouse, location may anticipate that a witness will refuse to testify, or that some other problem will come up. For good cause shown, judges may appoint a Special Master to appear at the deposition to make evidentiary rulings on the spot.
...}

There is no reason to be against a special master, and being against one pretty much is evidence of guilty by the FBI.

 

[Indeependent]

No its not.
The search warrant legally has to be exact and explicit.
They can pick up other things they see if they are blatantly illegal, but they can NOT at all take any docs that are not specifically labeled as government property.

Every Liberal is a lawyer who specializes in the topic at hand.

 

[Rigby5]

Breaking news, Trumps lawyers refuse to answer whether Trump de-classified documents. That SOB is going to be indicted.

Read the laws.
Presidents do not have to "declassify" docs, since they are above the laws on classified docs, can ignore the law on classified docs, and can do anything at all they want with classified docs.

{...

Security Clearances and Presidential Authority​

By Steven Aftergood • November 18, 2016

“Security clearances are not mandated for the President, Vice President, Members of Congress, Supreme Court Justices, or other constitutional officers,” a recent Congressional Research Service report explains. “The criteria for election or appointment to these positions are specified in the U.S. Constitution, and except by constitutional amendment, no additional criteria (e.g., holding a security clearance) may be required.”
In fact, the security clearance system itself is an expression of presidential authority. Its scope and operation are defined in an executive order (EO 12968), and its terms can be modified by the President at will.
And if the President wished to grant access to classified information to a family member, for example, there would be no legal barrier to doing so. See “Trump Will Have Wide Latitude to Let Family Into Government’s Secret Circles” by Mark Landler, New York Times, November 16.
...}

 

[Nostra]

Justice Department asks appeals court to revive its criminal probe into classified Mar-a-Lago docs Garland is calling them out again. The documents are not subject to executive privilege.

What Cannon has done, is embarrassing to judges all across this country.

Justice Department files motion for partial stay to appeals court in Mar-a-Lago documents case

Judge Aileen Cannon's order effectively froze the government's ability to use the contents of the seized records, including classified documents, as part of its criminal investigation.

abc7chicago.com

Gestapoland really doesn’t want a neutral person to look at these docs. I wonder why

 

[Nostra]

The physical evidence against Trump is overwhelming. All news networks are telling us this. Even FOX. Next stupid observation?

What evidence? DOJ leaks aren’t evidence, Simp.

 

[Nostra]

Cannon doesn't have a clue.

Irony.

 

[Nostra]

You are ignorant and a childish fool.

Double irony.

 

[Nostra]

She's an idiot.

Triple irony.

 

[Rigby5]

Medical records and attorney client privilege documents were being sorted out by the filter team and going to be returned to Trump.

The former president does not get to exercise executive privilege against the current president. That's also in Nixon. That's absolutely bonkers to think he could do so. This would be Trump trying to keep administration documents from the administration. It makes zero sense but here we are.

Wrong.
Nixon was proven to have committed crimes first.
No such crimes have been proven about Trump.
Possession of classified docs is perfectly legal.
The only crime would if Trump were trying to remove docs that were required by the FOIA to be kept by NARA.
So far, there is zero evidence of a crime by anyone but the FBI.

And YES, former presidents still do have the right to claim "executive privilege", in that if aids can be compelled to tell all after the term in office is over, then they would be reluctant to speak freely while the term of the president was still valid.