The government will file an emergency motion to stay in the 11th Circuit almost immediately if this Motion is denied
. Well written motion: translated. The government doesn’t care about the non-classified documents. It’s investigation is narrowly tailored to those documents. That is the subject of the ODNI review and criminal investigation. This gives us much more clarity into what the case is about
Nah. I'm running out of crazies; plus, I am more or less dabbling until the basketball boards pick up. Then, I can start blocking those crazies.
Or, at a minimum, where the immediate risk lies. Notice how often the DOJ is catching Cannon talking out of both sides of her mouth?
Judge Cannon seems to be standing her ground wrt the Special Master if I understood this correctly - mentioning the SM’s schedule. Seems to want to give trump what he wants. OK DOJ time to blow this up.
I blocked Cinci on and off, but he was right inn2 things he said to me. One was that AN would get more than 32 minutes of playing time as a sophomore. I said no way with Glover and Mann being added to the roster. He was right. Damn, that Mike White didn’t have a clue as to how to utilize his roster. His second point was that my disdain for White was based on my own personal experience playing basketball. Damn, if he wasn’t right on point. That doesn’t take away from the fact that White is a mediocre coach.
So she wants a special master to review our top secret documents.Wow! I heard that the Trump team has proposed Putin as the special master.
The professional resume of the judge before she was a judge is, to be generous, lacking. She now has life time tenure. Read the whole string
The DOJ could have sought rehearing of all of it and could have appealed all of it. Her procedure is unprecedented. And it likely will appeal ore of it than the parts it wants stayed. But the stay motion is narrowly focused in the major issues: the investigation of the taking and possession of the classified documents. Unlike others here, I would expect 11th Circuit to reverse the order because it is a conservative court. There is a difference between a conservative court and a political court. The ruling opens the door to any citizen fueling a civil suit to enjoin investigations arising from searches. This case is intruding on a grand jury investigation and the court that issued the warrant. But the government kept the Motion to stay to the narrow issue. And there is no one competent to be a special master with the most highly classified documents. There is no neutral non-executive branch employee who is cleared to read these.
. A special master will be appointed for the non-classified documents because the government did not move to stay as to that issue. She is asking about how to possibly carve out the 100 documents represented to be classified. Her paperless order does not acknowledge classification even though there was no contention by Trump in his papers he declassified them. Sadly, no criminal defendant would be treated this way. This is special treatment for the privileged and powerful. This order is a bizarre outlier by a judge who never should have heard this case. She hasn’t cited one case imposing a civil injunction on a criminal case and there are lots of cases where this has been tried and dismissed— not in a long time. And to be clear: while her law clerk wrote this order, her law clerk would have found this law. This judge simply rejected it in favor of protecting the powerful and privileged. When she admitted in her order that when she referred to the “stigma” of the search. My criminal defense attorney friends are going to try this— looking forward to the rulings trust distinguish the case because Trump is a former president. In otter words, because he is among the powerful and privileged. Different rules for the true “elites.”
. This doesn’t bear on her qualifications much. She has civil litigation experience and clerked for a federal appellate judge. She needs to learn to handle trials. But this os not a trial. It is a matter of applying the law, including respect for matters pending in other courts. This is just a matter of proper research. She can read Nixon and the Presidential Records Act. Both Nixon cases. Instead, she cited them and ignored the holdings of both cases and the express terms of the statute. And her justifications about the appointment of a special master are weak for classified documents and a privilege that doesn’t exist— rejected 8-0 on Nixon I.
No. Happens all the time. Always has. The problem with this order is that it does damage to orderly precedent.
Normally it’s a matter of nuance, or simply that the “elite” can afford better/more expensive lawyers to make their argument seem more compelling to a jury. Yes, this is a flaw in the justice system. Often times “justice” is about money and who can afford better lawyers (vs. the poor whose only advocacy may be a public defender or lawyers working on contingency). In this case there is little doubt the govt has the stronger lawyers and precedent is on their side. This is not the systemic inequity issue. The problem rests solely with the judge. This judge basically just said different rules apply to Trump in her ruling (in lieu of any actual legal argument).
Her single most important credential as far as Trump was concerned was her membership in the Federalist Society. Although most Americans have never heard of him, Leonard Leo head of the Federalist Society was probably the most influential individual in Trump's remaking of the Federal judiciary. While his most notable achievement was the overturning of Roe v. Wade Leo's influence will be manifested in multiple court decisions from the District Court level up to the SCOTUS for years if not decades to come.
Yep, 6 of the 9 Supreme Court justices are Federalist Society members and a new dark money fund started and run by Mr Leo was just gifted $1.6 billion by 1 very wealthy individual. Wonder what that billionaire expects for his money and what hell that will mean for the constitution and the rule of law?
She did read them, and she did so carefully. She just ignored the holdings. I think she bought into Trump’s lawyers claims that the special master is necessary to bring a semblance of apolitical objectively to the search, and balanced the harm of appointing the master under these unusual circumstances against the harm or strictly following the law (which she took an oath to follow). Regardless, as stated many times, she should never have exercised ANY jurisdiction in this case. And her decision failed to follow the law. I think the 11th Circuit will reverse or severely limit the facts to this case.