FBI Executed a Warrant at Mar a Lago; the Investigation Continues

Well, she didn’t ignore them; she got the holdings wrong. Perhaps intentionally.

But the gist of her orders is that this is a politically charged investigation, which requires at least the air of independence so that a large segment of the population does not lose trust in the government.

As far as a stay of her order, she might be right, particularly as clarified, that there’s no urgency for a stay.

I think the 11th Circuit will ultimately reverse her, based on clear precedent, or take great pains to limit the case to the particular facts. But I’m skeptical as to whether there will be a stay.

 

None. Business litigation. But to your point, if I filed a motion in one court asking a judge to stop another judge in another court from exercising its own jurisdiction over its case,I know I would be writing a check.

 

By the way, to the extent anybody truly believed Cannon’s rulings are not politically based, look no further than her order appointing the special master today, where she asked him to complete his work by … November 30th — right after the midterm elections.

 

NPR article on the appointed special master paints judge Dearie as an ideal professional for this task.

What to know about Judge Raymond Dearie, the Mar-a-Lago search special master

 

Haha! This is so true if one is following the trump claims.

 

Another well written, simple amicus brief. This one to the 11th District in respect to the Government's appeal of Cannon's last denial of use of the classified docs for investigation.

It's worth a read

Proposed Amicus Brief to 11th Circuit Appealing Judge Cannon's Special Master Order.pdf

 

This certainly makes Judge Cannon appear to be a first year law student at an online law school. LOL

 

Yes, and I didn’t see that the brief mentioned Judge Cannon by name. That was nice of them.

 

I'm no lawyer but the brief sure made some claims that seemed irrefutable.

 

A thread from a former CIA lawyer describing how it's going to be difficult for trump even with the special master. What a mess.

"I've spent quite a bit of time outlining all the legal & practical problems presented by Cannon's order wrt the classified docs, but remember that if the stay isn't granted, Trump will have an uphill climb on the merits, so much that he might just take his ball & go home. Why?"

Thread by @secretsandlaws on Thread Reader App

 

Without reading the briefs, I will note that Marcy Wheeler, whose opinion I respect, thinks that Judge Cannon's order is not necessarily dumb, simply lawless. She thinks the order is deliberately drafted in a way to try to sabotage the prosecution. It's completely lawless and unsupportable, she doesn't think we should label it as reflecting ignorance so much as malice

 

I would highly recommend this post by Marcy Wheeler, which points out a lot of the practical issues and supports her claim that Judge Cannon's ruling is intended to create problems of her own creation

"The Rule of Law is not assured:" The Cascading Constitutional Crisis Judge Aileen Cannon Deliberately Created - emptywheel

 

That makes sense. Like I said, I've learned to trust Marcy and she thinks the opinion is far from dumb. She just thinks it's lawless and intended to protect Trump

 

So it would seem. I wonder if Cannon is getting "advice and counsel" from outside? Was heartened by the excerpt from Garland's speech on Saturday that she quoted:
"The Rule of Law means that the law treats each of us alike: there is not one rule for friends, another for foes; one rule for the powerful, another for the powerless; a rule for the rich, another for the poor; or different rules, depending upon one’s race or ethnicity or country of origin.

That we will uphold the Rule of Law and seek to make real the promise of equal justice under law. That we will do what is right, even if that means doing what is difficult."


I am starting to believe he means it.

 

I have strong suspicion that she was getting guidance from outside, especially after her first order really question why it was even filed with her