How the Special Master screwed Trump over.

[yellowcanine]

https://www.rawstory.com/judge-dearie-bypassed-cannon/

Trump demanded a special master in the court, and even went so far as to ask for Judge Raymond Dearie. After the DOJ agreed to Dearie, Trump's legal team is refusing to cooperate ahead of the first meeting Tuesday afternoon.

"Part of the reason Judge Dearie is doing this is I'm sure he saw what order he was given from Judge Cannon. I'm sure he looked at the filing and said 'enough is enough, I'm not dancing around this,'" said Moss. "It's really simple. Either you've got the evidence or you don'

He went on to say that he Trump will have to produce the affidavit that the documents were declassified to prove the documents could even be taken outside of the Oval Office, much less the White House.

It's the easiest way to prove that the documents aren't Trump's because there's no document proving it. The second battle that Trump's lawyers will have to fight to prove that Trump owned the documents, which will also be difficult since they were generated by the government for the government.


I don't want to hear anything else about Garland not knowing what he is doing because once again he gave Trump and his lawyers exactly what they asked for and it is going to bite them in the ass.

[Ferrets are Cool]

1. I think that is the wrong terminology.

Getting screwed over usually means that one is getting conned.

[Martin68]

54. I believe the term "screwed can be used to mean "soundly defeated," "cheated," or

"damaged/injured." It depends on the context. Trump definitely was soundly defeated, and probably damaged politically, legally, and personally.

[TigressDem]

57. How about, simply "Served tRump a little justice with a side of humble pie?"

tRump damaged his OWN reputation when he stole from the White House.

The President is ONLY a Resident at the discretion of We The People.

IT IS OUR HOUSE.

And now it's Joe Biden's, because WE said it is.

[Bucky]

67. I'd go with "simply upheld the rule of law"

Dearie is being something Republicans can't handle: a simple arbiter of truth.

[pnwmom]

2. Unfortunately, Cannon gave herself the right to fire Dearie at any point. nt

[Rebl2]

3. Didn't

realize that. Very disappointed.

[dalton99a]

5. +1

[msfiddlestix]

6. Really? I didn't know that. damn.

[Septua]

11. Some say Cannon passed the buck...

..with the special master. If Dearie rules against Trump, she doesn't take a hit. "Trump asked for a Special Master and I gave him a Special Master. The Special Master made a ruling."

If that was her strategy all along, she'd be really stupid to reject it.

[NH Ethylene]

30. This makes the most sense. She has her whole career to think about.

She doesn't owe anything to Trump for appointing her. I don't know why Trump thinks he owns all these judges.

[Nasruddin]

31. She probably is

Career to think about?

She has a lifetime appointment. Nobody supervises her. Impeachment is impossible.

She can do anything she dares, for as long as she wants - total freedom!

On the other hand ... think of the book contracts, speaking tours, & other benefits that might come her way.....

[thesquanderer]

33. re: "Impeachment is impossible"

While highly unlikely, impeachment for a judge is not impossible.

[Demsrule86]

34. There are rules for lower court judges...so she does have some risk...and if she fires a judge

on Trump's behalf and is scorched in the 11th even if it is conservative which I think she would be, she faces consequences ...judges can be disbarred and impeached.

[Mr.Bill]

51. She can't violate the law. n/t

[TigressDem]

59. + 1000 nt

[LiberalArkie]

35. I don't think Trump or any mob boss would ever appoint or trust anyone that he doesn't

have information to blackmail that person.

We can thank the Patriot act and the "Total Information Awareness" part of that and Petraeus for passing it along to Trump.

[ananda]

43. Because, basically, he does.

He's their mob boss.

[Novara]

45. She also put in a provision that she can disagree with the Special Master

I believe she can reverse his findings if she doesn't agree.

The orange motherfucker should have taken the hint that if the DOJ agreed with his choice of a Special Master, it was going to bite him in the ass. But he's too arrogantly stupid to see that.

[TigressDem]

60. I did not see that part.

What the hel!

BUT HOW can you reverse "findings" when all he is doing is ASKING FOR THE FACTS to make the determination?

[PortTack]

26. She fires him...and picks another, it's just going to get that much worse for her

[forgotmylogin]

32. Seriously, someone can't just keep firing judges until they get the ruling they want.

Although I know Trump thinks that's how it works. And TRUMP'S SIDE SUGGESTED DEARIE.

[Grins]

40. A nuclear fireball if she did that.

WORSE than Nixon and the “Saturday Night Massacre!”

If she did - even the Reich-Wing - would be faced with the truth that the authoritarian Reich has taken the country.

[Thunderbeast]

61. Why would you think that?

The MAGA crowd eats ANY dog food served up by ORANGE JESUS!

[TigressDem]

58. Where did it say that? nt

[msfiddlestix]

4. This isn't judicially "screwing" anyone. In this instance, Judge Dearie seems to be appropriately

and simply being straightforward, calling out the fact that Trump''s peeps need to Put Up or Shut Up.

And If I understand it correctly, by Noon today.

So that's NOT screwing anyone, Trump's is masterbating himself at the expense of the united states.

that's not the judge doing it.

And I don't recall anyone saying "Garland doesn't know what he is doing".. except maybe rethuglicans

those asswipes saying it, doesn't make it true.

[yellowcanine]

8. Well I have seen plenty of second guessing of Garland by Dems also.

Not so much on DU, though. True that.

[msfiddlestix]

9. I've been very frustrated with seemingly slow walking

I'm still frustrated with that. so many crimes to arrest him with, we can't keep track. but he's still free to incite violence and hate.

Free Speech doesn't entitle one to incite violence against America. or hate against others.

He should be arrested immediately, in my mind for so many crimes, let the investigations continue and prosecute as they conclude, but arrest, charge, prosecte, and convict him now for so many other crimes.

[jaxexpat]

13. Slow walking?

So you're saying the fact the DOJ hasn't indicted Trump and other highly ranked GOP operatives even with all the evidence and even almost 21 months after the fact is a sign that they are slow walking?

Well I'm here to tell you.......you're exactly right!
By any metric (except terminal judicial senility) they are, and probably for political reasons.

[Steve Canuck]

21. It can't be overstated how Garland was forced.

After reading every scrap of info I can find and listening to the legal experts. It's clear Garland was stuck with a choice:
Ignore Trumps criminality once again or put some of the most important secret documents at serious risk of falling into the wrong hands.

[jaxexpat]

49. Before the secret docs were on the news cycle......

Was Garland's rectitude due to the secrecy of those documents then as well? Which ignites the fireworks question: why was Trump allowed possession to them for a year and a half after he left office?
The answer is easy. The cow was already out of the barn, the damage done. What remained about them was to assess the extent of the damage already done. If damage was done to our national security by the private citizen then that citizen is liable for incarceration, yet he haunts the world freely.
It is time for honest citizens to admit that Trump has successfully compromised our justice system and we're all just hoping the midterms take some of the uncertainty away. Meanwhile, he is Damocles' sword hanging over our heads with impunity.

[Codifer]

18. I share your frustration.

Then I remember an old joke. (Apologies for language)

On a fine spring day an old bull and a young bull stood atop a hill gazing at a group of cows in the meadow below.

The young bull says, "Let's run down the hill and fuck a couple of them cows".

The old bull responded, "I have a better idea, let's walk down and fuck them all!"

I figure that Garland is an old bull.

I live for the day that all these treasonous bastards go down.

[msfiddlestix]

47. LOL! Hilarious!

That was a great laugh,,, I hope the metaphor applies in this case... xing fingers is all I hae the power to do about any of it.

just xing fingers, hoping he's that bull.!

[LakeArenal]

10. Plenty on DU.

[Farmer-Rick]

12. I'm sure TFG will whip up a document or two

For the judges. He still has that sharpie he used, where he showed us how he decided where the hurricane was going to move because he couldn't nuke it.

So, a couple of documents showing he blessed the documents for distribution to the Saudis, Putin and North Korea would be easy enough to create for a judge. I'm sure his hand picked judges will all pat him on the back for those documents.

[getagrip_already]

14. 12:00 is the deadline for tfg to respond to the appelate court, not deerie...

Deerie is holding a public hearing at 2:00 to discuss the schedule. There is a call in number drifting around.

Open and transparent.

Wonder how long cannon can keep her gucci's out of this?

[msfiddlestix]

48. good to know... I hope to see it posted. should be happening shortly?

[muriel_volestrangler]

50. See this thread

https://www.democraticunderground.com/100217175373

One of their claims is that if Trump scrawled on it, it may have become a "personal document", even if it was classified. By "Trump magic", it seems.

[calimary]

62. Okay then let's see him and raise him.

BY THAT LOGIC:

Some designated official with easily defensible credibility scrawls on the deed to Mar-a-Lago, deeds to his other properties, and a few cars and golf carts, and then makes the same claim.

“MINE now!”

If THAT’S the assertion you’re making, donald, well okay then. You will be barred from using or otherwise accessing said properties while this is FULLY litigated. Let’s tie YOU up in court for awhile then, mmmm-K?

I’m not a lawyer. But neither is he.

[msfiddlestix]

65. ✔️ Thank you. I think I read he has several weeks to respond to Dearie

[JI7]

7. I wonder what they thought would happen with this Judge Dearie

I'm guessing if not for outright corruption where he does whatever they want they were hoping it could at least delay everything and put a stop or pause on anything for a while.

[getagrip_already]

15. It's simple - they have been living in a bubble for so long, they convinced themselves...

They are convinced (through isolated feedback loops) that deerie is so frustrated over the carter paige warrant that he is angry at the fbi.

In reality, the criticism of the fbi over the fisa warrant was entirely cosmetic, and if they ad followed proper procedure they still would have gotten the warrant. It was a tempest in q-land.

But they were convinced he was angry and would be an ally.

[JI7]

16. I haven't been reading details about this and didn't know about the Carter Paige connection

but it totally makes sense . It's like how he thought Democrats would support firing Comey because of what he did during the campaign .

[Justice matters.]

20. Can't be a FISA judge AND a cover-up one over National Security classified docs

STOLEN for no other alleged reason than to either sell them to the highest bidder or destroyed (or even looked-at from visiting spies at MAL).

Covering-up (alleged) treasonous activities? I don't think so (except for A lean QAnnon incompetent stooge).

[grantcart]

37. Yep and it was an idiotic bubble

Putting aside the Paige warrant Deerie as a FISA judge has seen hundreds of affidavits (including pre FISA) from the FBI and the quality of their paperwork.

Within the federal LEO community the FBI is known as being extremely particular on their paperwork.

No judge with a permanent bias against the FBI could stay as a FISA judge. The fact that the judge was upset about non material issues but "cosmetic" issues as you inform means that he is particularly strict on procedures which couldn't be worse for Trump on classified documents.

Good points.

The cherry on top? Trump has to pay for it.

[Demsrule86]

36. It had to do with the FISA court which is a different thing...but Trump is dumb and his lawyer are

likely not familiar with this situation.

[Tree Lady]

41. Maybe all they were hoping to do

Was stall a long time and get it into the courts where they could go up to supremes. Had no idea the special master would go so fast.

[JohnnyRingo]

17. The truth will win out, but only when pressed hard enough.

The DOJ will have to foil obvious stall tactics and push for hard evidence to back what Trump says in public.

None of this nonsense like saying the defense has more important things to do and can't get around to satisfying court orders until next June.

[inthewind21]

24. Dearie

in his what 3 days of being appointed, just got Trump to PUT IN WRITING they won't providing any evidence the docs were de-classified because, wait for it, this one floored me, they are holding that as a defense in any subsequent Indictments. Well, that gives Dearie the green light to say, here ya go DOJ have them all.

[JohnnyRingo]

28. In poker parlance it's holding your hand close to the vest.

But it's now to the point of saying "Trust me that I have four aces, and we'll let just the pot ride until the next hand."

[getagrip_already]

38. his new lawyer may not be willing to make claims he can't back up....

He may have asked trump to prove he declassified the docs, and if not provided with a strong enough argument, could refuse to put his name to it.

Strike 1 - he got paid up front so he doesn't trust his client
Strike 2 - If he he is not willing to put p paper tiger arguments he can't substantiate
Strike 3 - he doesn't seem to be taking actual lead on the case, but acting more as a case manager for theother attorneys

It's possible trump may have accidentally hired a scrupulous atty?

[muriel_volestrangler]

19. Dearie hasn't "screwed Trump over" yet, and he hasn't "bypassed" Cannon

despite the headline Raw Story wrote. We know that there was "a request from Dearie that they disclose to him and to the Justice Department information about the classification status of the seized documents". That's actually necessary to follow Cannon's instructions:

Judge Dearie will now have the authority to sift through more than 11,000 records the F.B.I. carted away from Mr. Trump’s estate, Mar-a-Lago, on Aug. 8. The move was a blow to the Justice Department, almost certain to significantly delay its investigation into whether the former president unlawfully retained national defense records or obstructed repeated attempts by federal officials to retrieve them.

The department had asked Judge Cannon to lift restrictions on its use of documents with classification markings and set a Thursday deadline for her to respond before it said it would ask an appeals court to intervene. The department is now planning to appeal the decision, and top officials were meeting to discuss the timing of their filing, according to a senior law enforcement official.
...
While Judge Cannon’s order was a victory for Mr. Trump and his legal team, she also made two significant concessions to the government.

She said, for instance, that Judge Dearie should first look at the classified documents and “thereafter consider prompt adjustments to the court’s orders as necessary.” That raised the possibility that Judge Dearie might quickly clear the items and the F.B.I. would then regain unrestricted use of them in its criminal inquiry. In her order, Judge Cannon said the special master should try to finish his review by Nov. 30.

https://www.nytimes.com/2022/09/15/us/politics/trump-documents-special-master.html

If Cannon says "first look at the classified documents", then it's quite reasonable to ask Trump's lawyers which documents they think are classified.

[LetMyPeopleVote]

22. Trump scored some Mar-a-Lago probe wins. The venue's now shifted.

This will be fun to watch

Link to tweet

https://www.politico.com/news/2022/09/19/trump-mar-a-lago-probe-00057621

Donald Trump put the Justice Department on its heels, courtesy of a single federal judge who gave him the benefit of almost every doubt as he fought against the FBI’s probe of documents seized from his Mar-a-Lago estate.

Now, his team of lawyers is preparing to test whether they can replicate their fortune in front of a potentially more skeptical audience. And the first indication, offered in a filing on Monday night, suggests a tougher road ahead.

The court-appointed “special master” reviewing documents the FBI seized during the Aug. 8 search has asked the former president to disclose details about any materials he claims to have declassified before calling them his property.

In a court filing Monday, Trump’s attorneys urged Raymond Dearie, the senior federal judge based in Brooklyn, to drop a component of his plan that includes asking Trump for those details. Disclosing those during the review, Trump’s attorneys said, was not a requirement of U.S. District Court Judge Aileen Cannon’s order appointing Dearie as special master. And, they added, it could harm Trump’s defense against any forthcoming criminal charges.

“[T]he Special Master process will have forced the Plaintiff to fully and specifically disclose a defense to the merits of any subsequent indictment without such a requirement being evident in the District Court’s order,” the attorneys wrote.

Trump’s team’s comments came in response to a request from Dearie for a proposed agenda when he convenes the parties Tuesday for a preliminary conference in his Brooklyn courtroom. And it wasn’t their only gripe with Dearie’s “draft management plan” for the Mar-a-Lago review — which Trump himself demanded and for which his team picked Dearie as one of two acceptable options for the special master role......

Trump’s attorney, Evan Corcoran, is among those who may be considered a witness in the matter. Having visited Mar-a-Lago on June 3, Corcoran assured investigators that all of the potentially classified material was stored in a basement storage room,facilitating the provision of a signed declaration that all materials sought by DOJ had been turned over.

Another Trump attorney, to whom Trump’s political action committee has set aside $3 million for services rendered, is Chris Kise. Federal records show that Kise briefly worked on behalf of an official with the Venezuelan government. Federal foreign agent registration forms show him among officials with the firm Foley & Lardner who agreed to represent Venezuela’s top prosecutor, Reinaldo Pedroza, in 2020.

The firm terminated its relationship with Pedroza just weeks after filing. DOJ has not publicly raised concerns about the prospect of Kise being privy to the sensitive material seized at Mar-a-Lago.

[Joinfortmill]

23. Thank you. Garland will get his man.

Sometimes we just need to trust that an honorable man will behave in an honorable manner.

[getagrip_already]

25. wonder if these guys know they will have to answer questions under a polygraph?

For ts/sci access, polygraphs and "lifestyle" investigations are required.

That should be interesting.......

[TigressDem]

69. Where's my popcorn?

[louis-t]

27. I noticed that this morning. First thing he does is piss off

the 'special master'. Nice going.

Tfg just thinks any judge appointed by him will just roll over and give him what he wants. They seem shocked when that doesn't happen. Then he turns on the judge. Rinse and repeat.

[getagrip_already]

39. a judge like deerie doesn't get pissed off and show it.....

A judge like deerie speaks through his rulings, which are based on the facts and the arguments. Being pissed off just makes him work harder.

[paparush]

29. "Trump's legal team is refusing to cooperate"..

Will be the inscription on the headstone of this decade.

[bucolic_frolic]

42. TDFG thinks Federal government runs like a corporation, appointment equals hire, and hired by him

Amazingly stupid man

[Lucinda]

44. ❤️ ✿❧🌿❧✿ ❤️

[Pepsidog]

46. Before Dobbs I think many of us thought that the Federal courts would hold the line. Dobbs has

destroyed the expectation that the courts will “hold”. Cannon, who literally owes Trump nothing went rogue for political reasons. Dearie looks to me to be a more serious and mature judge who has experience in these matters whereas Cannon had none. At first glance it appears Dearie will “hold” and any attempt by Cannon to fire him will be devastating to the courts, it’s legitimacy, and most importantly, the rule of law.

[Cha]

52. TY yellowcanine!!!

Hope it All Actually happens with Judge Dearie!

[LetMyPeopleVote]

53. Special Master expresses skepticism with Trump team's assertions

I could not get onto the call in for the special hearing and evidently the people who were on the call were not muted. One person wat at the hearing and here is their report

Link to tweet

https://www.politico.com/news/2022/09/20/trump-special-master-judge-mar-a-lago-00057805

NEW YORK — The senior federal judge tasked with reviewing the materials seized by the FBI from Donald Trump’s Mar-a-Lago estate sharply questioned the former president’s attorneys Tuesday during their first hearing before his courtroom.

Judge Raymond Dearie pushed Trump’s lawyers repeatedly for refusing to back up the former president’s claim that he declassified the highly sensitive national security-related records discovered in his residence.

“You can’t have your cake and eat it too,” said Dearie, the “special master” picked by U.S. District Court Judge Aileen Cannon to vet Trump’s effort to reclaim the materials taken by federal investigators.

Trump has argued that the 11,000 documents taken from Mar-a-Lago were rightfully in his possession, including about 100 bearing classification markings that suggest they contain some of the nation’s most closely guarded intelligence.

[czarjak]

55. Be Smarter Than

[867-5309.]

56. Garland didn't "give them" a special master

The DOJ fought it tooth and nail. I wouldn't make him some 3-D chess grandmaster over this.

I also don't think it's a question of Garland not knowing what he's doing. He's too timid.

[keithbvadu2]

63. Dotard's lawyers proclaim loudly on social media that he declassified them but don't seem to want to

Earlier articles mentioned that Dotard's lawyers proclaim loudly on social media that he declassified them but don't seem to want to say that under oath or affidavit.

[Kablooie]

64. but now Trump can start the long months appeals up to SCOTUS.

And if they decide against him he will have a different frivolous complaint and will be given the opportunity to run that through all the appeals for months up to SCOTUS.

It never ends.

I do not believe he will ever go to trial over the government documents. He knows how to keep the ball spinning for years and as soon as a Republican, or Trump himself, is president the whole thing disappears.

Our legal system offers an infinite amount of options to delay an indictment and Trump uses them all in every single case he's involved in. That's how he's avoided being indicted his whole life.

[Bucky]

66. Definitely not "screwed over" -- Judge Dearie simply ruled on the law

Trump living in his own reality might work at a neonazi rally, but it doesn't fly in a court of law.

[Saoirse9]

68. 45 screwed himself over

Like he always does.

He’s too stupid to commit crimes at this level. In order to do it successfully he would have had to cover his tracks carefully and he just doesn’t know how. He could’ve copied the docs and NARA wouldn’t have known. Just so stupid.

Dearie hasn’t ruled yet. It looks like he will rule in DOJ favor but we thought that about Cannon at first.

I don’t trust the judiciary anymore.

[LetMyPeopleVote]

70. Dearie asks Trump lawyers whether they believe FBI lied about seized documents

The special master is going to force TFG's attorneys to answer some key questions. This will be fun

Link to tweet

https://www.washingtonpost.com/national-security/2022/09/22/dearie-trump-order-declassify/

The Mar-a-Lago special master on Thursday ordered Donald Trump’s lawyers to state in a court filing whether they believe FBI agents lied about documents seized from the former president’s Florida residence in a court-authorized search last month, or claimed to have taken items that were not actually in Trump’s possession.

In a Thursday afternoon filing, U.S. District Judge Raymond J. Dearie — the special master — told Trump’s legal team to state by Sept. 30 whether they believe any of the seized items were incorrectly described in the Justice Department’s 11-page inventory list, which said some of the documents were highly classified.

Dearie also told them to say whether they are claiming that any items on the inventory list were not in fact taken from the premises.

Trump has said on social media and in television interviews that the FBI planted items when they searched his Mar-a-Lago residence and private club on Aug. 8. He also claimed to have declassified documents found in that search that were marked classified and were highly sensitive. His lawyers have not made similar assertions in court, however, instead saying they have not reviewed the seized materials and are unable to confirm whether the government’s inventory list is accurate.

Dearie’s order, in essence, demands that Trump’s lawyers back up their client’s claims. “This submission shall be Plaintiff’s final opportunity to raise any factual dispute as to the completeness and accuracy of the Detailed Property Inventory,” he wrote.

At a hearing Tuesday, Dearie pressed Trump’s lawyers to take a position on whether the classified documents were, as Trump has said, declassified, but they demurred.