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kentuck

(111,110 posts)
Thu Sep 8, 2022, 08:22 AM Sep 2022

If the DOJ chooses the Special Master over the appeals process?

Perhaps they could have a questionnaire for all the candidates? Although, with the secrecy requirements, the list is probably very short.

The tough part of the decision is that even if the case is appealed to the Supreme
Court, who knows how the SC will rule? They are as big a part of the cult as is the Judge in Florida. It is a gamble to appeal the decision, for that reason alone.

Even though the Special Master is considered illegal by many, in this instance, the DOJ may be forced to go along. If so, maybe they can get some commitments from the Special Master before they agree to him/her? There has to be respect for the authority of the Executive Branch to do their job and respect for the law, in regards to the theft of national secrets.

Neil Katyal has stated that they may move the case to DC? IF they do that, is there still not the gamble that it will go to the Supreme Court?

7 replies = new reply since forum marked as read
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If the DOJ chooses the Special Master over the appeals process? (Original Post) kentuck Sep 2022 OP
There is no question SCOTUS will decide this issue...just a matter of when. CincyDem Sep 2022 #1
Any legal opinions out there? Eyeball_Kid Sep 2022 #2
Certainly could get a change in venue but... CincyDem Sep 2022 #7
All avenues are kick the can down the road. GreenWave Sep 2022 #3
It would seem that Cannon doesn't have the authority to rule on the matter. LiberalFighter Sep 2022 #4
But the property in question is in Florida... 2naSalit Sep 2022 #6
I will be shocked, as it will have implications for the rule of law moving forward. Nt Fiendish Thingy Sep 2022 #5

CincyDem

(6,407 posts)
1. There is no question SCOTUS will decide this issue...just a matter of when.
Thu Sep 8, 2022, 08:32 AM
Sep 2022

TFG’s entire legal strategy is delay delay delay. The appointment of a special master isn’t about the outcome of their decisions…it’s about adding extra steps to the process. No matter who the SM is, if TFG doesn’t get the answer he likes, he’ll be headed to the 11th Circuit.

District/appellate/SCOTUS = X months
District/special master/appellate/scotus = X+??? Months.

As long as the issue is “in process”, TFG can frame the issues on his terms to the cult.

Eyeball_Kid

(7,434 posts)
2. Any legal opinions out there?
Thu Sep 8, 2022, 08:52 AM
Sep 2022

If the DOJ moves the case to the DC Court, is there precedent for the defense to demand that an appeal goes to the 11th Circuit, or the DC Court of Appeals? It appears as if once the case (if it happens) moves to DC, and an appeal is issued, the case would move up to the DC Court of Appeals, not the 11th Circuit.

OT: the sentiments of the nation may be shifting away from the Republican Party in a decisive way. As we read news releases and the popular opinions about Trump's continuing coup attempts, people in general are upset and angry that the GOP is eager to end democracy. We're likely to see a tidal wave of non-GOP electoral victories. Voters are getting the message, and a true one at that, that voting rights for ALL citizens are in jeopardy if they allow the Trump Party to gain a foothold. Trumpers are fascists. Fascism will ruin the Constitution, the concept of the Rule of Law, and THE ECONOMY. Fascism abandons self-government and won't recede until the nation is either in tatters or is overtaken by a foreign power. Fascism demands complete obedience to the head of government in the classic Trumpian model, with no redress of grievances, no peaceful transfer of power-- if it ever occurs. The Dems will open up the dialog in haste because they have to. They must hold the House and gain in the Senate for the nation to have a chance at surviving this crisis.

CincyDem

(6,407 posts)
7. Certainly could get a change in venue but...
Thu Sep 8, 2022, 11:05 AM
Sep 2022

…either way, DC or 11th, it’s going to SCOTUS. Just a difference in who might be the appellant who takes it there.

IMHO.

GreenWave

(6,777 posts)
3. All avenues are kick the can down the road.
Thu Sep 8, 2022, 09:02 AM
Sep 2022

A nuclear secret went out. KO is right. Arrest Trump now and do not allow Trump and/or future incompetent Scrotus nominee to dictate our safety and the world in general.

LiberalFighter

(51,167 posts)
4. It would seem that Cannon doesn't have the authority to rule on the matter.
Thu Sep 8, 2022, 09:09 AM
Sep 2022

If I hear correctly. As it involves presidential and government documents it has to be heard in the DC court.

2naSalit

(86,834 posts)
6. But the property in question is in Florida...
Thu Sep 8, 2022, 11:00 AM
Sep 2022

Which, I think, is why he was able to file (whatever the hell you call what they filed) there when shopping for an ally on the bench.

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