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kpete

(72,005 posts)
Mon Sep 5, 2022, 12:42 PM Sep 2022

This ruling is ridiculous and will be immediately appealed by DOJ.

1) the standing argument makes no sense with respect to any executive privilege invocations and Cannon barely addresses it.

2) is Trump arguing every classified document is subject to executive privilege?

This ruling is preposterous—especially the part where it blocks the government from continuing to use materials already in its possession.

At the very least, that last ruling creates an immediately appealable injunctive-like order, which DOJ can now take to the Eleventh Circuit.



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https://storage.courtlistener.com/recap/gov.uscourts.flsd.618763/gov.uscourts.flsd.618763.64.0_2.pdf

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This ruling is ridiculous and will be immediately appealed by DOJ. (Original Post) kpete Sep 2022 OP
It seems to me the intelligence review is investigation of a crime? Walleye Sep 2022 #1
Yes, he no longer has "executive privilege." GoCubsGo Sep 2022 #2
👆🏻👆🏻 onecaliberal Sep 2022 #4
Executive Privilege documents (created during a POTUS term) belong to the NARA Justice matters. Sep 2022 #29
Should the Republican "members" of Congress meet the sharp edge of the 14th Amendment... HariSeldon Sep 2022 #45
A Federalist Society approved judge.... SergeStorms Sep 2022 #54
I am done posting for a while. fightforfreedom Sep 2022 #3
He's not going to be held accountable. BlackSkimmer Sep 2022 #7
I heard you the first time. How many times are you going to say it? fightforfreedom Sep 2022 #10
You're very defensive. BlackSkimmer Sep 2022 #11
You are asking someone "how many times are you going to say it?" And then you Scrivener7 Sep 2022 #20
Every freaking day too. Kingofalldems Sep 2022 #33
Do you now? BlackSkimmer Sep 2022 #56
This message was self-deleted by its author CrispyQ Sep 2022 #12
Curious where you bought your crystal ball. Phoenix61 Sep 2022 #21
I will be very happy to be proven wrong. BlackSkimmer Sep 2022 #24
I'm on record ForgedCrank Sep 2022 #49
Lol, I hear you. BlackSkimmer Sep 2022 #53
Oh.... You're just guessing. I thought you might have in. nt Phoenix61 Sep 2022 #64
I wish ForgedCrank Sep 2022 #5
Well, they could just stop fucking around, charge him with espionage maxrandb Sep 2022 #39
I'd like to ForgedCrank Sep 2022 #41
Seems like the DOJ should have already charged Trump with insurrection. sop Sep 2022 #52
No one understands this. sop Sep 2022 #46
Please let us know when it's appealed. Treefrog Sep 2022 #6
Does an appeal give Trump an avenue to take it to the Supreme Court? kentuck Sep 2022 #8
Yes. The party that loses in the 11th Circuit (7R/4D) can appeal to the USSC (6R, 3D). If kelly1mm Sep 2022 #36
Can this judge be investigated for obstruction of justice? Generic Brad Sep 2022 #9
I have to believe grumpyduck Sep 2022 #13
That was my first thought as well. crickets Sep 2022 #23
As a civilian, I'm confused how one judge can undo the work of another? lindysalsagal Sep 2022 #14
She was appointed by Trump, I'm sure there was some sort of "GET OUT OF JAIL FREE" in the pre-nup BamaRefugee Sep 2022 #40
I'm shocked, I say, shocked! n/t malthaussen Sep 2022 #15
Going to be a lot of Trump Judges being appealed and overturned in the next 30 years. aeromanKC Sep 2022 #16
appeals will take a LOOOoooooong time...... getagrip_already Sep 2022 #17
This is about NATIONAL SECURITY getting played with for partisan tactics, can you imagine?? Justice matters. Sep 2022 #30
not disagreeing..... getagrip_already Sep 2022 #31
The 11th Circuit is made up of 7R, 4D Judges. After that it will go to the USSC (6R, 3D). While kelly1mm Sep 2022 #38
He went judge shopping to get this RocRizzo55 Sep 2022 #18
I thought the same thing gab13by13 Sep 2022 #28
apparently..... getagrip_already Sep 2022 #32
Who appoints the Special Master? Is it this same Judge? Midnight Writer Sep 2022 #19
I'd like to know that too. Will the SM be appointed by this Acosta appointee? Scrivener7 Sep 2022 #22
Yes, this is frightening. BlackSkimmer Sep 2022 #27
Who is surprised that a Trump stooge on the bench dobleremolque Sep 2022 #25
Treason and espionage are usually met with stiff or worse penalties. GreenWave Sep 2022 #26
Wonder how many phone calls TFG made to her to get her do his bidding? thenelm1 Sep 2022 #34
This message was self-deleted by its author thenelm1 Sep 2022 #35
And the corporate media will gleefully embrace the controversy, turning the issue into the jalan48 Sep 2022 #37
That's the whole point, isn't it? Yet another Trump spectacle to boost ratings. sop Sep 2022 #59
How is any SM going to be able to do the appointed job of determining what is privileged in2herbs Sep 2022 #42
They can be read into a higher security clearance. Jon King Sep 2022 #44
Did aileen actually graduate from law school, let alone pass the bar? niyad Sep 2022 #43
Judging by some of the lawyers I have known in my lifetime, Mr.Bill Sep 2022 #55
If traitor bastard Trump was charged with something this shit might stop. hadEnuf Sep 2022 #47
If my understanding is correct any appeal will go to the Eleventh, the court Thomas is in2herbs Sep 2022 #48
STOP THE STALL!! BidenRocks Sep 2022 #50
How does this judge have jurisdiction over the original judge overseeing this case? UCmeNdc Sep 2022 #51
My question, too. lindysalsagal Sep 2022 #57
I do not understand this either. bluestarone Sep 2022 #61
The little "I told you so!" / 'He'll skate FUHREVURRRRR!' brigade's LowerManhattanite Sep 2022 #58
No one here on DU is celebrating this ruling, I have no clue what the hell you are talking about NewsCenter28 Sep 2022 #62
Thank you for your concern. LowerManhattanite Sep 2022 #63
What if the NSA has been surveilling Trump for months and knows that he's tried to sell secrets? Mr. Ected Sep 2022 #60

GoCubsGo

(32,086 posts)
2. Yes, he no longer has "executive privilege."
Mon Sep 5, 2022, 12:46 PM
Sep 2022

If he doesn't have it, there is no fucking way any of those documents are subject to it. I have no doubt it will be appealed for that reason alone.

This judge is an idiot. She not only needs to be removed from the bench, she should be disbarred.

Justice matters.

(6,937 posts)
29. Executive Privilege documents (created during a POTUS term) belong to the NARA
Mon Sep 5, 2022, 02:20 PM
Sep 2022

after the POTUS term is over anyway.

Obstruction of Justice is when a DOJ Subpoena is told to go f**k itself for AnY reason.

HariSeldon

(455 posts)
45. Should the Republican "members" of Congress meet the sharp edge of the 14th Amendment...
Mon Sep 5, 2022, 03:27 PM
Sep 2022

...(that is, be found guilty of insurrection or aiding/supporting an insurrection, and therefore ejected from Congress), I expect that the list for judicial impeachment and removal now goes Thomas, Kavanaugh, Alito, then Cannon.

SergeStorms

(19,204 posts)
54. A Federalist Society approved judge....
Mon Sep 5, 2022, 03:51 PM
Sep 2022

appointed by Trump who is in so far over her head she doesn't know which way is up.

And there are so many others with the same "qualifications" appointed by republicans around the country.

It certainly doesn't make me feel comfortable about certain voting cases likely to be coming up in the future.

 

fightforfreedom

(4,913 posts)
3. I am done posting for a while.
Mon Sep 5, 2022, 12:48 PM
Sep 2022

This decision has put me over the edge. I cannot continue to discuss when will Trump be held accountable. We have been discussing this for five years and the same thing happens over and over again. When stealing top secret documents doesn't change things, good luck everyone.

 

fightforfreedom

(4,913 posts)
10. I heard you the first time. How many times are you going to say it?
Mon Sep 5, 2022, 01:13 PM
Sep 2022

Do you want a medal? Do you enjoy pushing members so they will post in anger and get banned. Is that you're game? Because that's what you did to me.

 

BlackSkimmer

(51,308 posts)
11. You're very defensive.
Mon Sep 5, 2022, 01:20 PM
Sep 2022

You've attacked me personally twice now; why not admit you were wrong? Another poster just sent me some of your choice posts from an earlier thread. Interesting reading.

Next time, perhaps don't chastise people who have different opinions than you.

What goes around...

Scrivener7

(50,986 posts)
20. You are asking someone "how many times are you going to say it?" And then you
Mon Sep 5, 2022, 02:10 PM
Sep 2022

are suggesting that their saying it has something to do with you and your reaction.

Reflect.

Response to BlackSkimmer (Reply #7)

Phoenix61

(17,009 posts)
21. Curious where you bought your crystal ball.
Mon Sep 5, 2022, 02:11 PM
Sep 2022

Mine has been on the fritz lately. It told me Kansas would vote against keeping their abortion rights. It said Palin was going to win in Alaska. Anyway, I’m looking to buy a replacement and welcome your suggestions.

 

BlackSkimmer

(51,308 posts)
24. I will be very happy to be proven wrong.
Mon Sep 5, 2022, 02:15 PM
Sep 2022

Current events lead me to believe I won't be.

No crystal ball needed.

ForgedCrank

(1,782 posts)
49. I'm on record
Mon Sep 5, 2022, 03:41 PM
Sep 2022

promising to eat my hat if I'm wrong.
Normally, I would not look forward to eating my hat, but in this instance, I would be more than happy to figure out a way if I'm proven wrong.

 

BlackSkimmer

(51,308 posts)
53. Lol, I hear you.
Mon Sep 5, 2022, 03:45 PM
Sep 2022

I have a quite substantial bet with an optimist friend of mine. I'll lose a fair amount if I've bet wrong.

But nothing could make me happier than to lose that bet.

ForgedCrank

(1,782 posts)
5. I wish
Mon Sep 5, 2022, 12:54 PM
Sep 2022

I knew more about law to understand this one.
I would think that DOJ has no real option other than to go along with any legal route Trump takes just in order to avoid poisoning the entire case with even a single mistake. But I have no earthly idea if this is proper or not. I tend to ignore everything told to me by media and twitter blue-checks because most of it is garbage with a slant sprinkled on top.
So I'm stuck waiting until it's over and seeing what courts ultimately decide.

maxrandb

(15,344 posts)
39. Well, they could just stop fucking around, charge him with espionage
Mon Sep 5, 2022, 03:02 PM
Sep 2022

invoke the Patriot Act and put him out of reach of his corruot judicial appointees.

Find it hard to support rendition and the Patriot Act, but when someone is more of a threat than the folks rotting in Gitmo...

And make no mistake. Osama Bin Laden, in his wildest dreams, could not have imagined inflicting the damage to America that Donnie Short Fingers has done, and continues to do.

ForgedCrank

(1,782 posts)
41. I'd like to
Mon Sep 5, 2022, 03:15 PM
Sep 2022

discuss all the reasons why, but when I start talking about actual facts, i get slammed and alerted on for "right-wing talking points". It can't be discussed with raw honesty here unfortunately.
I will say that I agree, the FBI and DOJ have had the materials for damn near a month, what is the holdup? They've absolutely had time to go through everything they confiscated with a fine-toothed comb.
The condensed version is that I look at it through a lens filtered with absolutes and current known facts. When I do that, the situation doesn't look very promising for justice. He's a greasy, slippery SOB and always has been.

sop

(10,224 posts)
52. Seems like the DOJ should have already charged Trump with insurrection.
Mon Sep 5, 2022, 03:43 PM
Sep 2022

We just need to be very, very patient.

sop

(10,224 posts)
46. No one understands this.
Mon Sep 5, 2022, 03:28 PM
Sep 2022

None of this Special Master and Executive Privilege crappola makes any sense, unless it's viewed as just another Trump delay tactic helped along by a partisan judge. This issue will now have to be appealed to a higher court, then possibly to the Supreme Court. It's what Trump does...every single f***ing time.

kentuck

(111,106 posts)
8. Does an appeal give Trump an avenue to take it to the Supreme Court?
Mon Sep 5, 2022, 01:06 PM
Sep 2022

Which should be finished in a few years or upon the death of the Plaintiff, whichever comes first.

kelly1mm

(4,734 posts)
36. Yes. The party that loses in the 11th Circuit (7R/4D) can appeal to the USSC (6R, 3D). If
Mon Sep 5, 2022, 02:52 PM
Sep 2022

delay was DJTs goal he has certainly accomplished that ......

crickets

(25,981 posts)
23. That was my first thought as well.
Mon Sep 5, 2022, 02:14 PM
Sep 2022

Up to now, every response has been in the "careful what you wish for" category. I'm hoping they have another one lined up, but given the circumstances it's less likely. Still, fingers crossed.

lindysalsagal

(20,714 posts)
14. As a civilian, I'm confused how one judge can undo the work of another?
Mon Sep 5, 2022, 01:26 PM
Sep 2022

This ruling means the judge who approved the search was wrong. Which has been disproved because the illegal docs were there.


The docs were there.

How does a judge allow criminal behavior? Doesn't his make her complicit?

aeromanKC

(3,326 posts)
16. Going to be a lot of Trump Judges being appealed and overturned in the next 30 years.
Mon Sep 5, 2022, 02:07 PM
Sep 2022

Today's ruling just underscores the damage to the Judiciary that Trump did. It will take a generation to fix.

getagrip_already

(14,800 posts)
17. appeals will take a LOOOoooooong time......
Mon Sep 5, 2022, 02:07 PM
Sep 2022

Unless the appeals court issues an immediate injunction, this will take a year or more to work through.

Even then, it's a 3 month process. Once the doj files, tfg has 30 days to respond, and then the court will take months to get to it.

In the meantime; the doj is stopped cold.

Justice matters.

(6,937 posts)
30. This is about NATIONAL SECURITY getting played with for partisan tactics, can you imagine??
Mon Sep 5, 2022, 02:28 PM
Sep 2022

The PRESSURE to speed it up will reach a million degrees, and if they drag their corrupt feet and anything bad happens to this nation because of that orange grifter's treachery, fingers will know WHERE to point.

getagrip_already

(14,800 posts)
31. not disagreeing.....
Mon Sep 5, 2022, 02:32 PM
Sep 2022

But the process is slow. Even an expedited appeal is not fast. It just goes faster than slow.

The appeals court at the very minimum needs to provide immediate injunctive relief to allow the DNI review to continue. It should also strikedown the EP argument.

Ideally, they will throw the whole ruling out saying there was no jurisdiction.

But again, months.

kelly1mm

(4,734 posts)
38. The 11th Circuit is made up of 7R, 4D Judges. After that it will go to the USSC (6R, 3D). While
Mon Sep 5, 2022, 02:57 PM
Sep 2022

that is not dispositive and like 99% of DJTs election related court cases were tossed even by R judges I think he may find a sympathetic ear or 3 ......

gab13by13

(21,378 posts)
28. I thought the same thing
Mon Sep 5, 2022, 02:19 PM
Sep 2022

but I'm told she got the random draw. I wasn't present for the drawing but I assume it was done properly.

getagrip_already

(14,800 posts)
32. apparently.....
Mon Sep 5, 2022, 02:34 PM
Sep 2022

No other judge was available, so it was a pool of one.

Heard that on msnbc so take it with a shot of tequila.

Scrivener7

(50,986 posts)
22. I'd like to know that too. Will the SM be appointed by this Acosta appointee?
Mon Sep 5, 2022, 02:13 PM
Sep 2022

She is tied in to the creepy network of Acosta, Epstein, Trump and who knows who the hell else?

We don't know who they are, but we see the results of their actions. And they have a lot of pull, and they generally get things their own way.

dobleremolque

(492 posts)
25. Who is surprised that a Trump stooge on the bench
Mon Sep 5, 2022, 02:16 PM
Sep 2022

acted to protect her Lord and Master?

And BTW, does anyone else find it strange that the order was released on a national holiday?

thenelm1

(854 posts)
34. Wonder how many phone calls TFG made to her to get her do his bidding?
Mon Sep 5, 2022, 02:45 PM
Sep 2022

Because the judge's ruling is ridiculous, not to mention that it stomps all over another judge's case.

Response to kpete (Original post)

jalan48

(13,876 posts)
37. And the corporate media will gleefully embrace the controversy, turning the issue into the
Mon Sep 5, 2022, 02:53 PM
Sep 2022

court process rather than the theft of classified documents. After awhile most Americans will lose sight of the real crime and instead be entertained by the Perry Mason like political thriller playing out nightly on their Tee Vee.

in2herbs

(2,947 posts)
42. How is any SM going to be able to do the appointed job of determining what is privileged
Mon Sep 5, 2022, 03:15 PM
Sep 2022

material without also viewing the classified docs? And what if the SM doesn't qualify for the requisite security clearance?

Jon King

(1,910 posts)
44. They can be read into a higher security clearance.
Mon Sep 5, 2022, 03:22 PM
Sep 2022

The SM will have a level of security clearance and if needed, be read into a higher level of clearance.

DOJ should just let the SM do their thing, the filter team already pulled out the documents it felt were off limits.

Just give the SM the pulled out pile, and the rest, and let them go through it. I doubt it will be a long process as some guidelines will be submitted to the judge by both sides by Friday.

Just get it over with and move on with the investigations.

niyad

(113,496 posts)
43. Did aileen actually graduate from law school, let alone pass the bar?
Mon Sep 5, 2022, 03:21 PM
Sep 2022

Last edited Mon Sep 5, 2022, 04:01 PM - Edit history (1)

Mr.Bill

(24,311 posts)
55. Judging by some of the lawyers I have known in my lifetime,
Mon Sep 5, 2022, 03:53 PM
Sep 2022

that'a not as big a deal as we sometimes make it out to be.

Remember, at every trial, 50% of the lawyers are wrong.

hadEnuf

(2,201 posts)
47. If traitor bastard Trump was charged with something this shit might stop.
Mon Sep 5, 2022, 03:33 PM
Sep 2022

Most would think that a judge would be deeply, deeply concerned with what Trump has done, but then again MAGATs are all about selling this country out to Trump and Putin.

How can they call themselves Americans? They are not even close. They are enemies.

in2herbs

(2,947 posts)
48. If my understanding is correct any appeal will go to the Eleventh, the court Thomas is
Mon Sep 5, 2022, 03:34 PM
Sep 2022

in charge of. So arrest Ginni Thomas for her part in the insurrection instead of appealing the Cannon ruling, cuz once Thomas rules, it goes to USSC and game over.

Arrest Ginni!!!

UCmeNdc

(9,600 posts)
51. How does this judge have jurisdiction over the original judge overseeing this case?
Mon Sep 5, 2022, 03:43 PM
Sep 2022

I don't understand this?

bluestarone

(17,004 posts)
61. I do not understand this either.
Mon Sep 5, 2022, 05:46 PM
Sep 2022

I just wonder if the DOJ. could go back to the original judge and ask for clarity, or a stay of this judges order?

LowerManhattanite

(2,390 posts)
58. The little "I told you so!" / 'He'll skate FUHREVURRRRR!' brigade's
Mon Sep 5, 2022, 04:51 PM
Sep 2022

…out in full, gleeful force today over it too.

Definitely taking notes on the celebrants. LOL

NewsCenter28

(1,835 posts)
62. No one here on DU is celebrating this ruling, I have no clue what the hell you are talking about
Mon Sep 5, 2022, 06:06 PM
Sep 2022

You need to fucking apologize to your DU compatriots. Everyone here is shocked and appalled at this disgusting decision.

Mr. Ected

(9,670 posts)
60. What if the NSA has been surveilling Trump for months and knows that he's tried to sell secrets?
Mon Sep 5, 2022, 05:33 PM
Sep 2022

Would they be permitted to arrest Trump for espionage in spite of this judge's ruling today?

Wouldn't it be great to see him lead off in shackles for attempting to commit a crime rather than simply absconding with the files?

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