General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWHO decides what the SPECIAL MASTER can remove from the DOJ case?
The courts?
If the Special Master can say "these docs are his and you cant have them, you cant use them in a case against him" WHO decides WHICH docs those are and are not?
Poiuyt
(18,123 posts)TexLaProgressive
(12,157 posts)Justice matters.
(6,929 posts)It's also the concealment and the obstruction.
Thomas Hurt
(13,903 posts)write a report to the judge and the judge issues an order.
Eliot Rosewater
(31,112 posts)a problem.
Thomas Hurt
(13,903 posts)if it isn't someone the Pig knows is a magat he will screeching about as soon their name is released.
gab13by13
(21,345 posts)and there is no executive privilege.
Thomas Hurt
(13,903 posts)She should have made him file proper complaints and serve the DOJ. She is already bending over backwards to give him fodder for his scams if nothing else.
FloridaBlues
(4,008 posts)Eliot Rosewater
(31,112 posts)GP6971
(31,159 posts)regulations and procedures concerning the handling and storage of classified documents. I'm sure they will take precedent (or I least I hope so).
elleng
(130,908 posts)without DoJ's approval.
Eliot Rosewater
(31,112 posts)lets remember, hundreds of judges who are not really judges, like this one, are in our courts now
brush
(53,778 posts)since the FBI/DOJ has the docs back. All trump will get back, as per the Presidential Records Act, will be any personal effects like his passports, newspapers, magazines or greasy Big Mac wrappers he left in boxes as her browed through them to see which ones he could sell.
Eliot Rosewater
(31,112 posts)return it and NO CASE could be brought!
We are dealing with MAGA, that is why I am asking.
NOTHING is off the table with them.
brush
(53,778 posts)smuggled them to Florida. Giving him back top secret/sci and even higher classification, himint docs...I don't think so. They belong to the government, not him.
SheltieLover
(57,073 posts)Eliot Rosewater
(31,112 posts)That is why I am asking.
Because we DO AGREE that as INSANE as it would be YES OF COURSE a maga judge would UNCLASSIFY docs if it meant protecting him.
If no court including the SC can change classification of a document, then justice might be done.
IS THAT THE CASE?
SheltieLover
(57,073 posts)I'm not a lawyer but I readin another thread that there is no such thing for such highly classified documents.
Makes sense really.
Eliot Rosewater
(31,112 posts)Like in this case a judge deciding before hearing from both sides.
SheltieLover
(57,073 posts)Against and for, respectively, SM to be allowed.
Why a judge tfg appointed would be allowed onthis case is way beyond reason imo.
Eliot Rosewater
(31,112 posts)SheltieLover
(57,073 posts)I've not seen that. Only that she was inclined to consider it.
Eliot Rosewater
(31,112 posts)Judge plans to appoint special master in Trump records case
https://news.yahoo.com/judge-plans-appoint-special-master-221833479.html
SheltieLover
(57,073 posts)Not a done deal, not by a long shot.
It would have to be a very special master - an experienced lawyer or judge with top level of security clearance.
That's why the FBI used a filter team, designed for such an occasion, independent of the investigation, on the documents from outset.
Eliot Rosewater
(31,112 posts)hearing from only one side, appoints a maga SM...then what happens to the docs?
The real question is can any court DEclassify the docs, say they ALL belong to him, etc? Not would any court do that, let's hold off on that for a while. Can they?
gab13by13
(21,345 posts)whether they are classified or not.
If Trump left his Hustler magazines with or Big Uns magazines with the government documents, he can have those magazines returned to him.
Eliot Rosewater
(31,112 posts)MAGA judges dont care about any of that.
So my question still stands, if a court wanted to, could they deem the docs HIS?
IDK the answer.
gab13by13
(21,345 posts)No. That answer I heard from numerous experts on the TV. As a matter of fact, if Trump wrote notes on classified documents he broke the law by altering government documents. I heard that from experts on TV.
Eliot Rosewater
(31,112 posts)SheltieLover
(57,073 posts)Some of the documents are said to be so sensitive they cannog even be put on a list.
I've also read that nobody, not even a president, can declassify these documents.
I know what you are saying, because pootin's playbook calls for the utterly ridiculous & delay after delay, but I don't think it will be allowed.
Jarqui
(10,125 posts)That Maga either has to have top level security clearance or they're not going to see all the documents.
I can't imagine a circumstance where a court could declassify a document. Maybe they could request a second opinion on the classification? Even then ... I have doubts. Probably have to move it to a court set up to deal with classified material.
Part of the problem is that Trump was lax on procedures. A bunch of his documents that were not marked classified because of lax procedures should have been and will be as they get reviewed.
That happened with Hillary's emails. Only 3 were classified when they were sent or received. 110 emails got classified after the fact.
The reality is they probably scooped thousand of pages of classified documents between the 15 boxes Trump originally sent and the 45 boxes or collections they got with the search warrant.
Magistrate judge Reinhart probably cannot see this case through a trial. Something will change if it progresses in the courts.
It will probably get moved if Trump doesn't cop a plea ..
https://www.uscfc.uscourts.gov/sites/default/files/Classified-Case-Guidelines-Final-Version.pdf
Eliot Rosewater
(31,112 posts)Jarqui
(10,125 posts)Loved Kurt Vonnegut books
Eliot Rosewater
(31,112 posts)Jarqui
(10,125 posts)Link to tweet
Brandon Van Grack
@BVanGrack
That leads DOJ and Intelligence Community to look for Goldilocks docsnot so sensitive that the Intel Community would prohibit disclosure to defense counsel/jury and not so bland that they dont appear to implicate national security. 11/
9:13 AM · Aug 28, 2022·Twitter Web App
(for more check out the thread)
Link to tweet
emptywheel
@emptywheel
Apparently DOJ calls those "just right" docs that can be declassified for prosecution and that capture the gravity of the compromise w/o doing more damage "Goldilocks" docs.
The classification review Avril Haines confirmed Friday may include discussion of this.
12:36 PM · Aug 28, 2022·TweetDeck
babylonsister
(171,066 posts)I never heard this term until recently. How was 'special master' ever used prior to now?
And fwiw, I hate it.
Eliot Rosewater
(31,112 posts)gab13by13
(21,345 posts)involving attorney-client privilege or in cases of executive privilege or in cases where there is an enormous volume of documents or computer files. None of those cases I cited apply here.
Eliot Rosewater
(31,112 posts)Our system of justice is unraveling when you have a SC just sitting there waiting to destroy it.
gab13by13
(21,345 posts)judge Cannon can appoint a SM because of the former president being involved making it a very serious case.
onenote
(42,703 posts)it's not that unusual in cases where a search warrant may sweep up documents protected by attorney client privilege (such as a search of the office of an attorney, like Cohen).
Not sure if it has ever been used in a case where the review is aimed at whether the documents enjoy executive privilege (and documents implicating national security almost certainly do not enjoy that protection).
Deuxcents
(16,221 posts)That dont belong to him or any one person. Why does he get to have a special master if the law is that specific.
Brainfodder
(6,423 posts)Laughing at them trying, in fact!
gab13by13
(21,345 posts)the MSM is already moving into Kornacki time.
Eliot Rosewater
(31,112 posts)Brainfodder
(6,423 posts)Half of congress is missing, hmmm: GREAT START!
gab13by13
(21,345 posts)Blue Owl
(50,379 posts)mopinko
(70,107 posts)she was just appointed, and if she does him a favor, she'll never live it down.
WarGamer
(12,444 posts)If the Judge decides to do this...
It will be some respected person with a nice pedigree, not a politician.
They will simply decide what was proper and improper to seize and what must be returned and or struck from the legal record.
Maybe NOTHING was seized improperly?
rownesheck
(2,343 posts)or does that title "special master" sound really stupid?
Also, I have never heard of a special master until that orange bastard mentioned it a couple weeks ago.
Kablooie
(18,634 posts)He intends to keep throwing up roadblocks until hes president again.
The infuriating thing is the DOJ always agrees to his delays. They always let Trump control the situation and they are doing oit again.
Dont count on Trump being taken down anytime in our lifetimes.
Eliot Rosewater
(31,112 posts)elections.
Then it goes to a court system packed with moscow mitch sycophants including the SC....
Traitor himself is hoping the courts will do what the cons want and if they dont, he will tell his followers to attack. Then we have to wonder how many in the police and military are patriots and how many support mr. traitor.
NONE Of this can happen if the non MAGA repubs leave the party and make a lot of noise about it when they do.