DOJ files BRUTAL appeal brief of the entire Special Master Shenanigans

[Effete Snob]

(added a TLDR at the bottom of this post)

DoJ has filed with the 11th Circus to vacate the special master appointment in its entirety. This is in addition to the partial recision already granted by the 11th Circus, which tested the waters.

One of the clearest takeaways - he's guilty of obstruction and they have all the evidence they need to prove that without question.

Here is the intro:







Full doc here:
https://www.documentcloud.org/documents/23132504-trumpdocsdojbrfca11101422

I will update the OP with choice nuggets as I dig deeper.

Edit:

If you liked Cobbledick, wait until you get a load of Hunsucker:




The outline here is itself a joy. What's amazing is the thorough treatment that the following bleedingly obvious propositions receive:

A. Plaintiff Has No Plausible Claims of Executive Privilege


1. Plaintiff cannot invoke executive privilege to bar the Executive Branch’s review and use of its own records

2. United States v. Nixon forecloses any executive privilege claims

B. Plaintiff Has No Plausible Claims of Attorney-Client Privilege That Would Justify an Injunction


D. Plaintiff’s Purported Factual Disputes Are Irrelevant

1. Plaintiff’s suggestion that he might have declassified the seized records is irrelevant

2. Plaintiff’s suggestion that he might have categorized seized records as “personal” records under the PRA only weakens his executive privilege claims


TLDR: The DoJ has taken the ball handed to them by (1) the 11th Circuit's previous partial reversal, as requested, of part of the special master order and (2) SCOTUS' refusal to bother with that 11th Circuit decision; and has decided to simply apply the same reasoning to the entirety of materials seized in the Mar-a-lago search.

Filing this AFTER SCOTUS said it wasn't going to touch the first decision indicates a very cautious approach by the DoJ to see if SCOTUS was inclined to deal with this case and how. SCOTUS passed on that, so it increases the confidence level by at least some increment they aren't going to bother with the marginally broader general objection to the Special Master. It also separates the eggs and baskets with respect to the types of documents seized.

Here's the key point:

[Tetrachloride]

1. A-1 BBQ sauce on one side. Siracha on the other.

The question is rare, medium, well-done, black out, charcoal or ashes.

[Warpy]

18. Hold the Sriracha, don't waste it

The factory has suspended production due to a chile shortage.

https://www.verifythis.com/article/news/verify/food-verify/sriracha-production-suspended-chili-pepper-shortage-huy-fong-foods-mexico-fact-check/536-b02b3274-bc39-490e-83ca-0d66822eb5aa

If that doesn't convince people climate change is real, nothing will.

[malaise]

2. The Slobfather is going to be indicted

That is all

[ShazzieB]

20. I agree.

I don't see any way he can NOT be.

No doubt gloom and doormers are going to post (if they haven't already started) that it will never happen, our democracy is doomed yada yada, but they will be wrong.

They. WILL. Be. WRONG.

[Effete Snob]

5. It is neither positive nor negative

I don't stay up worrying about what people's wishful thinking leads them to believe. I take a lot of shit here for that.

The OP is about a current fact, not hopes and dreams.

[spanone]

4. Special Master was bullshit from the start.

[bucolic_frolic]

6. DOJ has played this like the masters they are, leaving the heavyweight appeal for last

After all the bullshit, there is copper-bottom gravitas.

AG Garland is doing more for the country than if he were on the Supreme Court.

Mitch, you ok man?

[Effete Snob]

7. I added a TLDR with my opinion of the timing and substance

[Cha]

8. Well said.. I use to get so

upset when there were those who were always dragging on AG Garland.. like they knew better than he did what was going on and How to Do IT.

[DET]

9. Deja vu all over again...

I could have sworn that they did that a couple of weeks ago.

[Hermit-The-Prog]

14. You may be thinking of the DoJ's motion for stay pending appeal

This, perhaps?
https://s3.documentcloud.org/documents/22418133/trumpdojstaymotca11091622.pdf

[DET]

16. Thanks, But Not That

It may be that DOJ announced its intention to file but didn’t do so until today. In any case, I hope that it’s expedited.

[onenote]

22. Today was the deadline for DOJ to file its brief under the expedited schedule.

[Hermit-The-Prog]

10. Thanks! Please let "11th Circus" not be a typo. :)

Appreciate the link to the full doc as well as the highlights and commentary.

[Fiendish Thingy]

11. Thanks so much for posting and summarizing!

A great service to the DU community.

Looks like a shrewd and savvy move by DOJ.

[ejbr]

12. Interesting

Thanks for posting!

[LetMyPeopleVote]

13. Thank you for the link to the filing

I have some fun reading this weekend

[Hamlette]

15. thanks for posting.

[ffr]

17. SLAMMMMMMMMMMMMMMMMMMMMMMM!

[SergeStorms]

19. Thanks for the "light reading"....

I'll enjoy it with tomorrow morning's coffee.

[Hermit-The-Prog]

21. My favorite part ...

Finally, to the extent Plaintiff eventually intends to seek return of property, his hypothetical, prior designation of records as “personal” records would still be unavailing. It was Plaintiff’s burden to establish a possessory interest in the seized records when he brought this suit, and he cannot rely on threadbare insinuations to establish yet another “dispute” that must be adjudicated before a special master. Further, Plaintiff plainly would not be entitled to the return of evidence solely on the ground that the evidence belonged to him when it was seized. If that were the case, evidence rooms nationwide would soon be emptied.

(Bold added).
https://s3.documentcloud.org/documents/23132504/trumpdocsdojbrfca11101422.pdf
ppg. 46, 47, (pdf ppg. 60, 61)

[Effete Snob]

23. Lol yeah

[Hermit-The-Prog]

24. This one feels like the gloves came off. I'm hoping the 11th again chastises Cannon.

[chriscan64]

25. Trump's defenses look so lame when extended to regular criminals.

"My lawyer's business card was in the box of jewelry I stole, so it's protected by attorney client privilege."

"This selfie of me with the brick of coke proves that it's MY coke and should be returned forthwith."

[Hermit-The-Prog]

27. I can't tell you how those jewels became my property or it might reveal my secret defense strategy.

[GoneOffShore]

26. Oh, this is wonderful! I'm going to celebrate at lunch.