This needs to go to the 11th Circuit immediately. And why she should have stayed out of this. She just enjoined proceedings by a grand jury in DC administered by another federal judge and jurisdiction over this warrant rests with another federal judge. And her reading of Nixon v GSA literally reads its holding out of existence. There is no executive privilege from the executive branch, among other reasons. This is in the SD Florida because the search warrant was issued here. And the archivist has not made a determination to allow public dissemination of this information. This is a criminal investigation.
After the Dobbs decision and this bit of legal sophistry I don’t want to hear any mention of judicial activism from a R ever again.
Which would take longer, filing an appeal or going along with her ruling? Not seeing how a special master will alter the outcome. It’s just unnecessary after the filter team went through everything.
I am fine with the ruling. Let the process run its course and this is just part of that. I am doubtful this really changes anything, other than to drag it out a bit longer. Most of records at the center of the charges have nothing to do with attorney-client and or even executive privilege where the document has to generate within his former office. Most classified documents would have been generated from other agencies (which is why he can't just nonchalantly say he declassified them, by the way).
This order has to be taken up. It is unprecedented for a federal court to issue an injunction over a criminal investigation being run out of another court and a search warrant in another division of the same court. There is a whole lot more in there.
That is not right. The presence of personal documents mixed in with government and secure and national defense secrets is evidence of personal dominion and control. And the law is clear that there is no executive privilege against the executive branch. Nixon is clear on that. And there is no basis for a court to enjoin a criminal investigation pending is a sister court in another District. Or to assume jurisdiction over a search warrant issued by another court with another duty District Court Judge sitting in review if the magistrate. She ignored a major holding of both Nixon opinions on executive privilege and misread other aspects of both holdings.
Just like it was unprecedented search of our former President home. This was a great ruling and should have been done sooner
As a practical matter, this won’t make much difference. As a legal matter, it should be appealed and reversed post haste.
This is why the Republicans worked so hard to deny Obama's judicial picks and stack the judiciary with their own. Many of these FedSoc "judges" aren't like judges of the past. They don't care about the oath of office they took. They don't care about their duty to be impartial. They're Republican politicians who see their job as furthering the power of the party that appointed them. Cannon also recognizes that by proving herself to be a hack who will bend over backwards to rule for the Republican Party, she's setting herself up to be promoted to the Eleventh Circuit under the next Republican President. I wouldn't hold my breath on the Eleventh Circuit doing anything. It's also controlled by FedSoc hacks. It doesn't matter what the law says.
And Bill Pryor, while not a Trump appointee, is the most odious Republican hack on the court, outside of Barbara Lagoa.
They should have asked for it sooner. Why did it take Trump’s lawyers two weeks to as? FYI, this was an unnecessary step since a filter team had already gone through the documents.
The opinion offends comity between sister spurts, allows for civil jurisdiction over a criminal matter, and is contrary to 2 decisions of the US Supreme Court. You can’t reconcile Nixon I (the tapes case) on executive privilege giving way in a criminal investigation or Nixon v GSA, which holds that executive privilege is not applicable as to the executive branch. I suppose you might say that the presentation to the grand jury is a disclosure in the judicial branch, but then you run up against the fact that there is already a judge overseeing the grand jury. But then, If one maintains that view of disclosure of the documents, then the objection has to be filed in the DC Circuit.
Duchen, the issue isn't whether you're correct on the law. The issue is that I don't trust most of these FedSoc "judges" to actually care.
I'm not a Democrat so I am looking at this objectively. Maybe......just maybe it was the first time a president did something so egregious that their home needed to be searched. The fact he is a former president is why they tried to do it in a way that didn't draw attention. It's also why he hasn't been detained. Any one of us would have been. Probably without bail due to the fact it's a national security issue. Im sure there's something in the Patriot Act that makes sure of that. We'd be sitting in jail having to prove our innocence to be freed.