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BumRushDaShow

(129,279 posts)
Mon Sep 5, 2022, 12:03 PM Sep 2022

Judge grants Trump bid for special master in document search

Last edited Mon Sep 5, 2022, 12:38 PM - Edit history (1)

Source: AP

WASHINGTON (AP) — A federal judge on Monday granted a request by former President Donald Trump’s legal team to appoint a special master to review documents seized by the FBI from his Florida home last month and also temporarily halted the Justice Department’s use of the records for investigative purposes.

The decision by U.S. District Judge Aileen Cannon came despite the objections of the Justice Department, which said an outside legal expert was not necessary in part because officials had already completed their review of potentially privileged documents. The judge had previously signaled her inclination to approve a special master, asking a department lawyer during arguments this month, “What is the harm?”

The appointment is likely to slow the pace of the department’s investigation into the presence of top-secret information at Mar-a-Lago given the judge’s directive that the Justice Department may not for the moment use any of the seized materials for investigative purposes. But it is not clear that it will have any significant effect on any investigative decisions or the ultimate outcome of the probe.

Cannon, who was nominated to the bench by Trump in 2020, said she would permit the continuation of a risk assessment of the documents being conducted by the U.S. intelligence community.

Read more: https://apnews.com/article/donald-trump-mar-a-lago-government-and-politics-bc980316f80f88620b92e5666f96251c



Link to order (PDF) - https://s3.documentcloud.org/documents/22275109/specialmaster_order0905.pdf

Article being updated. Original article and headline -

Judge grants Trump bid for special master in Mar-a-Lago case

WASHINGTON (AP) — A federal judge on Monday granted a request by former President Donald Trump’s legal team to appoint a special master to review documents seized by the FBI during a search of his Florida home last month.

The decision by U.S. District Judge Aileen Cannon came despite the objections of the Justice Department, which said an outside legal expert was not necessary in part because officials had already completed their review of potentially privileged documents. The judge had previously signaled her inclination to approve a special master, asking a department lawyer during arguments this month, “What is the harm?”

The appointment may slow the pace of the department’s investigation into the presence of top-secret information at Mar-a-Lago, but it is unlikely to affect any investigative decisions or the ultimate outcome of the probe.
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Judge grants Trump bid for special master in document search (Original Post) BumRushDaShow Sep 2022 OP
Here's the document. pnwmom Sep 2022 #1
NOT GOOD TigressDem Sep 2022 #19
I wish to believe that Garland anticipated this from a MAGAT judge and will take immediate in2herbs Sep 2022 #26
Yes yes and yes n/t Lulu KC Sep 2022 #73
We're in it now. Joinfortmill Sep 2022 #92
I seriously doubt he can. Or will try Evolve Dammit Sep 2022 #105
Not if there's a crime committed Novara Sep 2022 #29
Questions of attorney/client privilege are normally brought up during a trial or via pre-trial in2herbs Sep 2022 #80
This will blueknight73 Sep 2022 #109
And then on to the SCOTUS, where... Wednesdays Sep 2022 #113
We need to win in November and then expand SCOTUS NYC Liberal Sep 2022 #116
Do they really want to open it up to where VMA131Marine Sep 2022 #119
This current SCOTUS will twist themselves into a pretzel Wednesdays Sep 2022 #123
Theoretically, criminal evidence can't have privilege William Seger Sep 2022 #79
Rich crybaby little boys always get what they want. That's the American way Walleye Sep 2022 #2
Putin isn't a crybaby. gab13by13 Sep 2022 #11
That's pretty good. I forgot Putin appointed this judge Walleye Sep 2022 #27
I used to post on my local Magat web site, gab13by13 Sep 2022 #52
Yes the truth is like kryptonite to the Republican Party Walleye Sep 2022 #54
Review for "attorney-client and/or executive privilege" lostnfound Sep 2022 #3
The person who currently holds executive privilege is Joseph R. Biden. Lonestarblue Sep 2022 #35
Yes the DOJ can appeal. Either side was probably going to appeal and this, in effect, helps DJT kelly1mm Sep 2022 #69
Her opinion is pretty broad, and very bad for us. Calista241 Sep 2022 #134
This is the Big Lie for legally and successfully executed search warrants, thanks Judge Idiot bucolic_frolic Sep 2022 #4
Of course she did. Judge shopping. LoisB Sep 2022 #5
How peculiar for this judge to announce her decision on a holiday. n/t SoFloDenny Sep 2022 #14
I didn't think about that but you're right, that is odd. LoisB Sep 2022 #18
Actually, she announced her decision EndlessWire Sep 2022 #89
Is anyone surprised? More delay and more time for Republican's to message on the jalan48 Sep 2022 #6
Not surprised one iota. hamsterjill Sep 2022 #41
Yes, the longer the delay the more time for Republican's to propagandize. The outrage at jalan48 Sep 2022 #49
yep llashram Sep 2022 #86
It is nice to be able to hand-select your own judge from among your appointees. That Presidency Chainfire Sep 2022 #7
others have pointed out this was a random selection, but.... getagrip_already Sep 2022 #88
"It's good to be king!" Nasruddin Sep 2022 #97
The Next Thing kairos12 Sep 2022 #8
I agree, gab13by13 Sep 2022 #55
This message was self-deleted by its author Chainfire Sep 2022 #9
And tRump just keeps on winning. old guy Sep 2022 #10
No, he doesn't keep on winning, and he faces multiple investigations. CBHagman Sep 2022 #39
He may not be winning, but he is not in jail for his crimes. Ferrets are Cool Sep 2022 #62
Lucky for him he's not been treated like a Black man sellimg indiv cigs on corner SheltieLover Sep 2022 #66
Yes, that was a shame on our country. Joinfortmill Sep 2022 #95
Exacly msfiddlestix Sep 2022 #143
✔️ ✔️ ✔️ ✔️ ✔️ n/t msfiddlestix Sep 2022 #144
Hey Judge, Trump doesn't have "Executive Privilege" emulatorloo Sep 2022 #12
Even if he did, you can't claim executive privilege against the executive, rsdsharp Sep 2022 #68
Right, and DOJ carefully explained that to her in their filing. emulatorloo Sep 2022 #70
She's repaying her debt! atreides1 Sep 2022 #81
She owes them nothing, she is supposed to be impartial and uphold the law. emulatorloo Sep 2022 #84
Plenty of them did uphold the law atreides1 Sep 2022 #94
"The appointment may (will) slow the pace of the department's investigation." Botany Sep 2022 #13
A disappointing number of Democrats voted FOR her, or didn't vote at all. FoxNewsSucks Sep 2022 #112
So arrest him NOW. According to all reports there is enough evidence to arrest him on in2herbs Sep 2022 #15
No surprise yankee87 Sep 2022 #16
I'm thinking...so what? agingdem Sep 2022 #17
There was a former case in the USSC that Thomas was a decider on and he discussed in2herbs Sep 2022 #32
It will be tough to bring an indictment without evidence.... getagrip_already Sep 2022 #34
the DOJ has the evidence... agingdem Sep 2022 #75
but they can't present it to a gj or likely, in a court..... getagrip_already Sep 2022 #83
As of today, the order appointing the Special Master also precludes the DOJ from using those kelly1mm Sep 2022 #126
Garland will appeal and soon agingdem Sep 2022 #127
Yes, the DOJ will probably appeal and it will most likely go through the 11th Circuit (R leaning) kelly1mm Sep 2022 #131
Doesn't matter. Closing the barn door when the horse is in the next county. paleotn Sep 2022 #20
Tell that to our overseas intelligence agents, gab13by13 Sep 2022 #30
A quick stay and then slapped down on appeal, but regardless,.... paleotn Sep 2022 #37
I REALLY hope this isn't an open-ended thing packman Sep 2022 #21
Here we are at DU gab13by13 Sep 2022 #22
It's a failure of imagination all over again by these "experts." /nt spudspud Sep 2022 #98
About Judge Cannon Ponietz Sep 2022 #23
And who says crime doesn't pay! peppertree Sep 2022 #43
Lock the Special Master in a SCIF with a bottle of water Submariner Sep 2022 #24
"it is unlikely to affect any investigative decisions or the ultimate outcome of the probe." brooklynite Sep 2022 #25
Who is Eric Tucker? I never heard of him. Is he a Republican? gab13by13 Sep 2022 #51
That is only true if we win in 2024 dsc Sep 2022 #130
Expect this TrumpTweet in just a few days after the SM starts working jmowreader Sep 2022 #28
Yup. orangecrush Sep 2022 #38
Don't know what to think orangecrush Sep 2022 #31
I'm sure there Appeal is 90% done.... getagrip_already Sep 2022 #44
Trump appointed judge comes through for Trump. Gives him a massive delay in a criminal investigation Baitball Blogger Sep 2022 #33
2 Questions BlueIdaho Sep 2022 #36
Who appoints the special master people Sep 2022 #108
So the Trump appointed Judge will appoint a SM... BlueIdaho Sep 2022 #111
Meaningless. The DOJ has already looked at everything they took. oldsoftie Sep 2022 #40
She ordered the doj to stop using info to prosecute.... getagrip_already Sep 2022 #45
Nope. Novara Sep 2022 #50
isn't the grand jury an investigation forum? getagrip_already Sep 2022 #85
They can still search his other properties too VMA131Marine Sep 2022 #120
I'm hoping that, IF there was ever a time for a fast appeal (FINAL appeal) bluestarone Sep 2022 #42
Guys, this isn't for executive privilege - he doesn't have that. This is for ... Novara Sep 2022 #46
uhmm, no, she specifically said for EP...... getagrip_already Sep 2022 #93
Doesn't matter what this idiot judge SAID, executive privilege rests with the executive, Joe Biden Novara Sep 2022 #141
This ruling will be appealed LetMyPeopleVote Sep 2022 #47
She wants to advance as a judge in future R administrations and wouldn't Tadpole Raisin Sep 2022 #48
Fuck this shit. (nt) Paladin Sep 2022 #53
Well said, gab13by13 Sep 2022 #59
So outrageous, judge should be recused from case wildman76 Sep 2022 #56
Can a judge Traildogbob Sep 2022 #63
A Judge that was appointed AFTER TRUMP LOST Heather MC Sep 2022 #57
McConnell put her there as a safety valve Ponietz Sep 2022 #58
Mcconnell is worst than Trump. Heather MC Sep 2022 #61
Trump will have a hayday with this. Kablooie Sep 2022 #60
There is no such thing fof high level classified material SheltieLover Sep 2022 #64
indict him for obstruction now moonshinegnomie Sep 2022 #65
AGREED. Clearly an Obstruction of Justice case. Justice matters. Sep 2022 #99
Ami I correct in believing the affidavit request was ignored? Raven123 Sep 2022 #67
If he has personal documents intermingled ET Awful Sep 2022 #71
Ya think??!! WestMichRad Sep 2022 #87
She'll probably appoint Putin orangecrush Sep 2022 #72
has to be someone not connected to either party.... getagrip_already Sep 2022 #91
She's gonna pick the SM EndlessWire Sep 2022 #102
I'm sure Garland anticipated this orangecrush Sep 2022 #106
Well well well. colorado_ufo Sep 2022 #74
SSDD mn9driver Sep 2022 #76
Well that sucks! vlyons Sep 2022 #77
Popehat discusses the decision at length (well, for a Twitter account). mahatmakanejeeves Sep 2022 #78
Supreme Court Nasruddin Sep 2022 #96
Hey, I have an idea! orangecrush Sep 2022 #82
Doubling down every time is the only sensible strategy Ponietz Sep 2022 #100
I'm sure Garland anticipated this orangecrush Sep 2022 #104
+1. Just do it. dalton99a Sep 2022 #122
LOCK HER UP...........Judge Aileen Cannon KS Toronado Sep 2022 #90
I believe the proper spelling is Judge Aileen Qannon. nt SunSeeker Sep 2022 #133
Sorry my mistake, I'll do better next time. KS Toronado Sep 2022 #136
Corrupt judge lees1975 Sep 2022 #101
Very hard to prove though Polybius Sep 2022 #115
Appoint a special master to review her bank accounts and contacts on this case GreenWave Sep 2022 #103
This orangecrush Sep 2022 #107
"What. Is The Harm" DallasNE Sep 2022 #110
I've heard of thank-you notes. But THIS is ridiculous! calimary Sep 2022 #114
Fuck it arrest the asshole now! BlueJac Sep 2022 #117
Unfrickingbelieveable ificandream Sep 2022 #118
Look, the military, the CIA, the FBI and Garland will never allow a special master to look at all.. machoneman Sep 2022 #121
The SCOTUS: "Hold my beer!" Wednesdays Sep 2022 #124
The judge should clearly have recused herself from the case as she cstanleytech Sep 2022 #125
Nope. onenote Sep 2022 #147
Fine I will amend it and say in my opinion she should have recused herself from the case as her cstanleytech Sep 2022 #148
Trump will get a happy ending from this one dalton99a Sep 2022 #128
Does Hillary Clinton still have her security clearance? Bayard Sep 2022 #129
MAGAt intimidation of an ignorant judge appeared to work, in this case n/t AntiFascist Sep 2022 #132
No intimidation. She is MAGA Trash herself JI7 Sep 2022 #137
She is also a pure IDIOT! This is the idiocracy many of us were concerned about... AntiFascist Sep 2022 #139
Delay, then claim "deep state special master" 867-5309. Sep 2022 #135
Judge Aileen Cannon is a member of the Taint Team. LudwigPastorius Sep 2022 #138
We need another judge to look at this. truthisfreedom Sep 2022 #140
And he slithers away again. zanana1 Sep 2022 #142
Copied from someone many months ago. "The Judiciary branch is strong and will hold." spike jones Sep 2022 #145
Cool UT_democrat Sep 2022 #146

TigressDem

(5,125 posts)
19. NOT GOOD
Mon Sep 5, 2022, 12:17 PM
Sep 2022

the Court also temporarily enjoins the Government from reviewing and using the seized materials for investigative purposes
pending completion of the special master’s review or further Court order.


IF IN ANY OF HIS "PERSONAL or ATTY PRIVILEGED ITEMS" he basically confesses to wrong doing... those can be removed and he can hold up use of the findings.

in2herbs

(2,947 posts)
26. I wish to believe that Garland anticipated this from a MAGAT judge and will take immediate
Mon Sep 5, 2022, 12:24 PM
Sep 2022

action to render her decision moot, either by arresting tfg or by arresting the higher ups on his food chain and offering them a plea in exchange for their evidence.

IMO this decision cannot be decided by this current USSC. Garland must do whatever is necessary to render this judge's decision moot ASAP.

Novara

(5,846 posts)
29. Not if there's a crime committed
Mon Sep 5, 2022, 12:26 PM
Sep 2022
https://www.nolo.com/legal-encyclopedia/the-crime-fraud-exception-the-attorney-client-privilege.html?pathUI=button

The attorney-client privilege protects most communications between clients and their lawyers. But, according to the crime-fraud exception to the privilege, a client's communication to her attorney isn't privileged if she made it with the intention of committing or covering up a crime or fraud.

Because the attorney-client privilege belongs to the client, the client's intent determines whether the exception applies. Most courts will apply the exception even if the attorney had no knowledge of, and didn't participate in, the actual crime or fraud.

The crime-fraud exception applies if:

the client was in the process of committing or intended to commit a crime or fraudulent act, and

the client communicated with the lawyer with intent to further the crime or fraud, or to cover it up.


There's more n the link.

in2herbs

(2,947 posts)
80. Questions of attorney/client privilege are normally brought up during a trial or via pre-trial
Mon Sep 5, 2022, 01:30 PM
Sep 2022

motions for a crime that a person is accused of and the trial judge decides whether privilege exists and whether or not that particular piece of evidence can be allowed to convict the person. There is no trial currently pending for any of tfg's crimes. If allowed to proceed the SM can conduct a trial about executive privilege but the SM can also delay the whole process leaving tfg free to continue his crimes.

I don't know what international court could do it, but if there is one (Hauge??) maybe tfg's espionage should be taken out of USA control. Just wondering .....

NYC Liberal

(20,136 posts)
116. We need to win in November and then expand SCOTUS
Mon Sep 5, 2022, 02:53 PM
Sep 2022

That’s the only way.

This election is as important and the last one was. If not even more so.

VMA131Marine

(4,145 posts)
119. Do they really want to open it up to where
Mon Sep 5, 2022, 02:58 PM
Sep 2022

Every previous president can exert executive privilege over the incumbent?

Plus if SCOTUS upheld this they would be overturning their own precedents; not that that has stopped them before. However, the Constitution is very clear that there can be only one President at a time so it should be obvious that no previous president can claim executive privilege without the consent of the current executive … and Joe Biden has said he does not consent.

William Seger

(10,779 posts)
79. Theoretically, criminal evidence can't have privilege
Mon Sep 5, 2022, 01:29 PM
Sep 2022

... but the special master won't have to justify any decisions.

gab13by13

(21,378 posts)
52. I used to post on my local Magat web site,
Mon Sep 5, 2022, 12:41 PM
Sep 2022

I got tossed because I called Trump a Putin puppet. I guess I touched a nerve with them?

Lonestarblue

(10,038 posts)
35. The person who currently holds executive privilege is Joseph R. Biden.
Mon Sep 5, 2022, 12:29 PM
Sep 2022

It is not Donald Trump, and Biden has already said that he will not use executive privilege to shield Trump. One one hope a federal judge would follow this rule, but of course she’s a Trump flunky.

Can the DOJ appeal this decision?

kelly1mm

(4,734 posts)
69. Yes the DOJ can appeal. Either side was probably going to appeal and this, in effect, helps DJT
Mon Sep 5, 2022, 01:11 PM
Sep 2022

as the appeals process takes time (months usually) and will probably be appealed from the Circuit Court to the USSC after that.

The notion that executive privilege (the legal precept that conversations/notes/documents between the President and his/her advisors that are done during the Presidency and that the President whishes to keep private) 'expire' the minute the President leaves office is not correct. If so, the day after President Obama left office all conversations/notes/documents pertaining to advice by his advisors would have been subject to subpoena/congressional review. If that was the case it would defeat the purpose of executive privilege which is to have frank, honest deliberations/debate with the President. If that ONLY would be in effect while that President was in office it would severely limit the quality of the conversations.

Obviously any conversations/notes/documents prepared pre or post Presidency are not subject to executive privilege.

In any event I foresee these issues going all the way to the USSC for clarification. I also think DJT may well pass on before this is fully adjudicated.

Calista241

(5,586 posts)
134. Her opinion is pretty broad, and very bad for us.
Mon Sep 5, 2022, 05:09 PM
Sep 2022

She talks about how the SC heard a case just this year, and that implies that former presidents can assert exec privilege, even though Biden won in that specific case.

That’s going to have to be litigated to overcome this judge’s opinion on appeal.

hamsterjill

(15,223 posts)
41. Not surprised one iota.
Mon Sep 5, 2022, 12:33 PM
Sep 2022

Totally expected this. This is why some of us here have been and continue to insist that time is of the essence!

jalan48

(13,877 posts)
49. Yes, the longer the delay the more time for Republican's to propagandize. The outrage at
Mon Sep 5, 2022, 12:39 PM
Sep 2022

what Trump has done gets watered down with the passing of time and the argument becomes a legal back and forth.

llashram

(6,265 posts)
86. yep
Mon Sep 5, 2022, 01:36 PM
Sep 2022

leaves a lot of room to spin, spin, spin 'their truth' until one pie hits the wall and sticks. I do have some faith the DOJ anticipated this early outcome and has all the proof it needs, no matter a so-called
'special masterba'...oh sorry I digress. All this is a trump diversion and fading hail mary hopes for safety. I just don't believe this decision by a trump judicial sycophant will alter trump's ultimate early fate.

He's still going down!!! Our experiment in Democracy has just grown stronger over the centuries against all enemies foreign and domestic.

Chainfire

(17,582 posts)
7. It is nice to be able to hand-select your own judge from among your appointees. That Presidency
Mon Sep 5, 2022, 12:11 PM
Sep 2022

thing is the gift that keeps on giving.

getagrip_already

(14,816 posts)
88. others have pointed out this was a random selection, but....
Mon Sep 5, 2022, 01:39 PM
Sep 2022

It does appear no other judges were available at the time and it was a pool of one.

Hardly random.

Response to BumRushDaShow (Original post)

CBHagman

(16,987 posts)
39. No, he doesn't keep on winning, and he faces multiple investigations.
Mon Sep 5, 2022, 12:30 PM
Sep 2022

We voted his rear end out of office, and since that time there has been a stream of revelations about his various corrupt activities. None of this is going away with the granting of a special master, and that can be appealed anyway.

We shouldn't make Trump more powerful than he is or has been. He does not in fact get away with everything, and his sleazy delaying and obstruction tactics work until they don't.

Here's a bit of what's going on. It's not the most updated list, but it covers a lot.

https://www.theguardian.com/us-news/2022/aug/08/donald-trump-fbi-raid-explainer

SheltieLover

(57,073 posts)
66. Lucky for him he's not been treated like a Black man sellimg indiv cigs on corner
Mon Sep 5, 2022, 01:08 PM
Sep 2022

Now there's a threat to our country!



msfiddlestix

(7,284 posts)
143. Exacly
Tue Sep 6, 2022, 09:30 AM
Sep 2022

I have to say, that it appears (to this reader) this decision reported out on a major national holiday is no coincidence.

Someone mentioned, she handed that down before the DOJ was able to file a response to the previous motion?


Not surprised, but terribly disappointed and does nothing to advance what little optimism I attempted to hang on to and nurture.



rsdsharp

(9,189 posts)
68. Even if he did, you can't claim executive privilege against the executive,
Mon Sep 5, 2022, 01:11 PM
Sep 2022

which is what he’s trying to do. He thinks executive privilege means the documents are his. We’ll see what the 11th Circuit has to say. However, Trump appointed six of the current judges — half the court, not counting senior members.

emulatorloo

(44,164 posts)
70. Right, and DOJ carefully explained that to her in their filing.
Mon Sep 5, 2022, 01:19 PM
Sep 2022

Seems like she is in over her head or fears some deranged MAGA will murder her.

atreides1

(16,087 posts)
81. She's repaying her debt!
Mon Sep 5, 2022, 01:31 PM
Sep 2022

She owes Trump and the Federalist Society...that's how she got the nomination...now is the time to pay back what she owes!!!

emulatorloo

(44,164 posts)
84. She owes them nothing, she is supposed to be impartial and uphold the law.
Mon Sep 5, 2022, 01:34 PM
Sep 2022

Plenty up Trump judges upheld the law when it came to his baseless lawsuits claiming the election was stolen.

But I guess this one doesn’t see it that way.

atreides1

(16,087 posts)
94. Plenty of them did uphold the law
Mon Sep 5, 2022, 01:46 PM
Sep 2022

Unfortunately she isn't one of them...and she comes off as stupid, because she doesn't seem to understand what the concept of Executive privilege is...even after it was explained to her by the DOJ!

Judges are suppose to be impartial and uphold the law...but as we saw with the Dobbs decision...that ideal doesn't exist among some federal jurists...yes they all took an oath...but an oath is only effective when the person taking it, intends to honor that oath!!!

Botany

(70,551 posts)
13. "The appointment may (will) slow the pace of the department's investigation."
Mon Sep 5, 2022, 12:14 PM
Sep 2022

And that is the point. End of story.

A fucking Trump judge.

"Aileen Mercedes Cannon is a judge on the United States District Court for the Southern District of Florida. She was nominated by President Donald Trump (R) on May 21, 2020, and confirmed by a U.S. Senate vote of 56-21 on November 12, 2020."

https://ballotpedia.org/Aileen_Cannon

in2herbs

(2,947 posts)
15. So arrest him NOW. According to all reports there is enough evidence to arrest him on
Mon Sep 5, 2022, 12:15 PM
Sep 2022

espionage charges. If we can't get all offenders in the espionage food chain we need to get him and the American people deserve to be assured that the law applies to all.

yankee87

(2,175 posts)
16. No surprise
Mon Sep 5, 2022, 12:16 PM
Sep 2022

45 is still the petulant man-child getting his way. Like what was said before, come on McDonalds, do your thing

agingdem

(7,851 posts)
17. I'm thinking...so what?
Mon Sep 5, 2022, 12:16 PM
Sep 2022

the DOJ appeals, maybe...but a special master does not prohibit an indictment...a special master does not negate espionage, stealing classified documents...executive privilege does not apply to a former president...lawyer/client sort of...

should be interesting to see who Judge Trump Kiss-Ass Aileen appoints as a special master..

in2herbs

(2,947 posts)
32. There was a former case in the USSC that Thomas was a decider on and he discussed
Mon Sep 5, 2022, 12:27 PM
Sep 2022

his thought process about how executive privilege has some application to presidents even after they leave office. So, there's a real risk of this gets to the USSC on the basis of executive privilege.

getagrip_already

(14,816 posts)
34. It will be tough to bring an indictment without evidence....
Mon Sep 5, 2022, 12:29 PM
Sep 2022

It is essentially the same thing as conducting a search and finding nothing.

No obstruction, no espionage, no theft of govt property.

Evidence is the linchpin of an indictment.

getagrip_already

(14,816 posts)
83. but they can't present it to a gj or likely, in a court.....
Mon Sep 5, 2022, 01:32 PM
Sep 2022

Simple case. They seized something that is clearly att-client priv that discusses his guilt.

It would be deemed privileged and the govt couldn't even mention it. If that was all they had, it couldn't be used. They couldn't even use what was in it as the basis to investigate other avenues to get to the same point.

So with the judge refusing to allow them to use it in investigations, she has effectively stopped them cold.

The grand jury is technically an investigation forum.

kelly1mm

(4,734 posts)
126. As of today, the order appointing the Special Master also precludes the DOJ from using those
Mon Sep 5, 2022, 03:42 PM
Sep 2022

seized documents in any prosecution until the Special Master reviews them and clears them as not being privileged.

agingdem

(7,851 posts)
127. Garland will appeal and soon
Mon Sep 5, 2022, 04:01 PM
Sep 2022

we can express our outrage but we have no choice but to allow Garland to do his job...today is a holiday..courthouses are closed so to speak (yes, I know filings are done online)..let's see what shakes out tomorrow...

kelly1mm

(4,734 posts)
131. Yes, the DOJ will probably appeal and it will most likely go through the 11th Circuit (R leaning)
Mon Sep 5, 2022, 04:31 PM
Sep 2022

on its way ultimately to the USSC. All the while time keeps slipping by and this process (just the Special Master appointment and review) could easily take years, and even if fast tracked it could take many months. Then, assuming the Special Master gets appointed and says 90% of the documents are not privileged. That too will get appealed which again could easily take years, and even if fast tracked it could take many months. I am certainly seeing a good possibility that we won't have a resolution to just the privilege questions on these seized documents till after the 2024 elections .....

paleotn

(17,937 posts)
20. Doesn't matter. Closing the barn door when the horse is in the next county.
Mon Sep 5, 2022, 12:18 PM
Sep 2022

Documents were recovered. It's known what he had. For all practical purposes, this is moot and delays nothing. Appoint 10K "special masters" and nothing in the equation changes. Bad lawyers and a dumb client. Thus, what's the harm? None really.

gab13by13

(21,378 posts)
30. Tell that to our overseas intelligence agents,
Mon Sep 5, 2022, 12:26 PM
Sep 2022

who are in the process of being outed.

What this will do is further erode the trust that our foreign allies have in us. The rest of the world is watching what is happening to our country, they get it, they indict their leaders when they commit crimes, our country protects law breakers with partisan judges.

paleotn

(17,937 posts)
37. A quick stay and then slapped down on appeal, but regardless,....
Mon Sep 5, 2022, 12:30 PM
Sep 2022

it in no way hampers ongoing investigations. Investigations into exactly what you mentioned. Plus, we've had lunatic judges sprinkled around the country since the Republic was founded.

 

packman

(16,296 posts)
21. I REALLY hope this isn't an open-ended thing
Mon Sep 5, 2022, 12:18 PM
Sep 2022

Or are we going to have another example of his , yet to be shown, tax returns. Delay, delay , delay,etc.

gab13by13

(21,378 posts)
22. Here we are at DU
Mon Sep 5, 2022, 12:21 PM
Sep 2022

arguing over whether a traitor should be indicted within 60 days of an election when he isn't even on the ballot and meanwhile one of his fascist judges makes a totally partisan decision.

This will fucking delay things, fuck the AP writer who wrote this. Why don't they invoke executive privilege for Trump, a fucking private citizen, and then we can just allow him to keep the documents?

The Magats are playing by different rules. How many former experts were wrong in saying that judge Cannon was going to drop the special master? She is owned by Trump and we don't have a MSM that will report the truth, report what is happening, report that we are sliding into fascism.

peppertree

(21,648 posts)
43. And who says crime doesn't pay!
Mon Sep 5, 2022, 12:33 PM
Sep 2022

If deSatan gets in, my money's on her being kicked up all the way to the Supreme Court.

Submariner

(12,506 posts)
24. Lock the Special Master in a SCIF with a bottle of water
Mon Sep 5, 2022, 12:24 PM
Sep 2022

for 8 hours a day and make sure his rest breaks are a minimum.

dsc

(52,166 posts)
130. That is only true if we win in 2024
Mon Sep 5, 2022, 04:20 PM
Sep 2022

if not since this will help delay the investigation so that no indictment and trial are possible until after 2024 it will prevent the trial forever and ever and ever.

jmowreader

(50,561 posts)
28. Expect this TrumpTweet in just a few days after the SM starts working
Mon Sep 5, 2022, 12:26 PM
Sep 2022

“The Special Master is not being given access to any of the documents I declassified after leaving office. This witch hunt must end immediately and the rightful winner of the 2020 election must be allowed to take office today!”

Or, if they find someone cleared high enough to review all the SCI Trump stole…

“The Deep State ‘special master,’ a puppet of Illegitimate So-Called President Sleepy Joe Biden, refuses to return to me all the documents I declassified after leaving office. This witch hunt must end immediately and the rightful winner of the 2020 election must be allowed to take office today!”

Six months from now, we will read this TrumpTweet:

“I’m waiting in my cold cell as the bell begins to chime. Reflecting on my past life and it doesn’t have much time for at five o’clock they take me to the gallows pole. The sands of time for me are running low thanks to Illegitimate President Sleepy Joe and the Deep State, who have always hated me. This witch hunt must end immediately and the rightful winner of the 2020 election must be allowed not only to take office immediately but I must be allowed to serve ten more terms because of all the harassment and abuse Your Favorite President has been put through!”

At 5:15 pm, the following TrumpTweet will be issued:

“Ding dong, the witch is dead. Signed, Dark Brandon.”

orangecrush

(19,587 posts)
31. Don't know what to think
Mon Sep 5, 2022, 12:27 PM
Sep 2022


I know it's bullshit, but can DOJ appeal?

How can a judge shut down a criminal investigation?

Can they have the judge sanctioned?

getagrip_already

(14,816 posts)
44. I'm sure there Appeal is 90% done....
Mon Sep 5, 2022, 12:34 PM
Sep 2022

They needed the order to issue it.

But it's a slow.process to a conservative court. First a 3 judge panel that will take months to get to a ruling.

Best case is they side with doj and the full court and scotus decline to hear further appeals. Up to a year.

Worst case is they side with carrol, even if just partially, and then it goes to the full court and then scotus.

Years.

people

(627 posts)
108. Who appoints the special master
Mon Sep 5, 2022, 02:22 PM
Sep 2022

Judge ordered the parties to meet and confer as to who should be the special master and, if they can't agree, each of them should submit names to her and she will decide who the special master should be and then appoint that person.

BlueIdaho

(13,582 posts)
111. So the Trump appointed Judge will appoint a SM...
Mon Sep 5, 2022, 02:40 PM
Sep 2022

Given her track record, there is no reason to believe she will be impartial in this matter.

oldsoftie

(12,582 posts)
40. Meaningless. The DOJ has already looked at everything they took.
Mon Sep 5, 2022, 12:32 PM
Sep 2022

idiot trump should have asked for one on the first day. But he's an idiot & he hired real estate lawyers who also didnt know to do it

Novara

(5,846 posts)
50. Nope.
Mon Sep 5, 2022, 12:39 PM
Sep 2022
The appointment is likely to slow the pace of the department’s investigation into the presence of top-secret information at Mar-a-Lago given the judge’s directive that the Justice Department may not for the moment use any of the seized materials for investigative purposes. But it is not clear that it will have any significant effect on any investigative decisions or the ultimate outcome of the probe.


Emphasis mine. They can still indict.

getagrip_already

(14,816 posts)
85. isn't the grand jury an investigation forum?
Mon Sep 5, 2022, 01:35 PM
Sep 2022

They hear evidence, ask questions, get more information, and finally vote on an indictment. But at the heart of what they do is investigate.

The doj can't present it to them, or even to a court, until the master determines if it is protected.

They are stopped colduntil an appeal goes their way and they get an injunction freeing them from the order.

Novara

(5,846 posts)
46. Guys, this isn't for executive privilege - he doesn't have that. This is for ...
Mon Sep 5, 2022, 12:35 PM
Sep 2022

... attorney-client privilege, and it doesn't apply in the commission of crimes.

There's a good chance the DOJ ALREADY KNOWS which crimes are included in the material. They've already reviewed it themselves and they know what evidence of criming is there. They don't have to stop their review because they've already completed it.

However, it does slow shit down because I would assume this special master person needs to be vetted for security clearance. For this reason alone this decision is a complete farce. The fact that the material has already been reviewed just adds to the farce.

I want to see if Garland has the guts to indict now or let himself be pushed around by this baby-man's tantrums. I'm hoping for the former but I'm afraid of the latter.

getagrip_already

(14,816 posts)
93. uhmm, no, she specifically said for EP......
Mon Sep 5, 2022, 01:44 PM
Sep 2022

It doesn't matter what the law is apparently, she ruled it so.

Maybe it will get changed on appeal. But that could take a year.

Novara

(5,846 posts)
141. Doesn't matter what this idiot judge SAID, executive privilege rests with the executive, Joe Biden
Tue Sep 6, 2022, 07:00 AM
Sep 2022

Ummm, no. That is the law. A judge can't change the law.

This will be appealed.

Tadpole Raisin

(972 posts)
48. She wants to advance as a judge in future R administrations and wouldn't
Mon Sep 5, 2022, 12:38 PM
Sep 2022

if she rejected the request.

May an appeal court slap her down for stupidity.

gab13by13

(21,378 posts)
59. Well said,
Mon Sep 5, 2022, 12:52 PM
Sep 2022

I should be golfing but it's raining.

When will people understand that the tactic is to delay, it has nothing to do with evidence. There is more than enough evidence to indict Trump on obstruction re: the stolen documents and lying to the FBI. This decision puts a hold on that.

Traildogbob

(8,788 posts)
63. Can a judge
Mon Sep 5, 2022, 01:05 PM
Sep 2022

Be charged with obstruction, collusion and accessory to espionage??
I know the answer, Justice and laws only apply to minions that pay the salaries of all these traitorous pricks from local government to the Fucking top.
Fuck the National Anthem, Fuck the Pledge, and even seeing the flag anymore only makes me feel nauseous of GQP MAGA’s taking it over. It would not surprise me anymore if the Military arrests all Dems in power and installs trump for life with his slimy spawn appointments to every position. MTG will be AG.
I am afraid we slept way too long over the last 50+ years to ever wake. This is what we WOKE up to. This damn AMERIKKKa.

 

Heather MC

(8,084 posts)
61. Mcconnell is worst than Trump.
Mon Sep 5, 2022, 12:56 PM
Sep 2022

He gets to be slee,y in background will Trump is the loud distraction

He and Lenard Leo are responsible for the horrible White Supremacist Court
err Supreme Court

Kablooie

(18,637 posts)
60. Trump will have a hayday with this.
Mon Sep 5, 2022, 12:53 PM
Sep 2022

He will get a MAGA jerk to keep this spinning in the courts until after 2024 when he expects to be president again.

It’s way to early to celebrate his downfall. It still may never come.

moonshinegnomie

(2,462 posts)
65. indict him for obstruction now
Mon Sep 5, 2022, 01:07 PM
Sep 2022

no need to know the actual contents of any documents. he was subpoenaed to deliver any docs marked classified. he refused and so they got the search warrant.

it doesnt matter the contents of the docs ,he failed to turn them over despite an subpoena. thats obstruction
arrest him and hold him without bail as a flight risk

Justice matters.

(6,939 posts)
99. AGREED. Clearly an Obstruction of Justice case.
Mon Sep 5, 2022, 01:53 PM
Sep 2022

Whether his dirty underwears were subpoenaed by the DOJ or his love letters to Kim Jung Un is irrelevant.

He refused to send them back when ordered to. The legal procedure is to obey the subpoena and THEN litigate to get them back all he wanted up to the supremely corrupt six to his treasonous heart's content.

Charge the orange danger to National Security and democracy NOW. Bring him in and interrogate him about what he did with the missing documents and why he stole them, and refused to comply with the DOJ Subpoena (and he better not LIE again).

Raven123

(4,862 posts)
67. Ami I correct in believing the affidavit request was ignored?
Mon Sep 5, 2022, 01:10 PM
Sep 2022

Not sure how big a deal this is . No indictment likely until after the 2022 election, anyway. Intelligence review continues. No matter what she rules, it’s possible they may develop evidence regarding the espionage case just through this review.

The question will be how fast the special master is forced to act.

ET Awful

(24,753 posts)
71. If he has personal documents intermingled
Mon Sep 5, 2022, 01:20 PM
Sep 2022

With classified government documents, wouldn't that, in itself, help prove a case for mishandling of classified materials?

getagrip_already

(14,816 posts)
91. has to be someone not connected to either party....
Mon Sep 5, 2022, 01:41 PM
Sep 2022

But that doesn't mean there aren't magats all over the country with legal degrees and security clearances.

Mike flynn's brother, people of millers staff, former doj toadies.

Lots of places she can find a worm.

EndlessWire

(6,551 posts)
102. She's gonna pick the SM
Mon Sep 5, 2022, 02:08 PM
Sep 2022

from amongst the list of proposed candidates. I'll bet that the two lists will be so opposed that we will see her pick someone from Plaintiff's list, stating what's the harm...and then she'll get to confer with the SM and rule in his favor.

Somewhere in those papers it was stated that the SM could be vetted for clearances, which would account for a substantial delay. That's not how it should work. I am also concerned with paper duplication. There should be no copying of papers.

In view of this tainted process, which of course I am only anticipating, I say we ask Hillary to serve. I rally trust no one now, but I trust her. I'd take Bill, but I don't think he looks well.

The SM will be no one we've ever met before.

mahatmakanejeeves

(57,564 posts)
78. Popehat discusses the decision at length (well, for a Twitter account).
Mon Sep 5, 2022, 01:29 PM
Sep 2022
I don’t think the absolute freakout over this is warranted. I don’t think it’s the right outcome, equitably, but numerous elements of the written decision don’t support it being the catastrophe people are saying. But there seems to be very little point in saying so.


Nasruddin

(754 posts)
96. Supreme Court
Mon Sep 5, 2022, 01:46 PM
Sep 2022

What this does is it gets the case caught in the gears of our ponderous judicial system.
Which was probably going to happen eventually anyway, but maybe it would have been better after the indictment.

The best thing that could happen is that the investigation is delayed for months or perhaps even years while litigation over appeals and findings takes place.

The worst thing that could happen is that the eventual arrival of the case before the SC could allow this partisan band to find a way to rule in such strong favor of Trump's position that the evidence is impossible to use - in other words, exonerating him.

DallasNE

(7,403 posts)
110. "What. Is The Harm"
Mon Sep 5, 2022, 02:28 PM
Sep 2022

The FBI announced that they would be fingerprinting each item to see who may have had access to the data. That takes time when 11,000 items are involved. Will the Special Master and staff know how to handle the material without compromising the fingerprints and possible DNA? Inadvertent alteration of evidence is still obstruction. Who would want the job under the circumstances?

calimary

(81,392 posts)
114. I've heard of thank-you notes. But THIS is ridiculous!
Mon Sep 5, 2022, 02:44 PM
Sep 2022

She was appointed to that bench by trump. She got that job from him. he asked forAnd the first chance she gets, she gives him the favorable ruling he asked for (and was probably expecting because of his sense of eternal entitlement). I CANNOT see this as anything but a thank-you note to her "benefactor."

ificandream

(9,385 posts)
118. Unfrickingbelieveable
Mon Sep 5, 2022, 02:57 PM
Sep 2022

I honestly thought Trump's request was too ridiculous to be accepted. Totally insane.

machoneman

(4,007 posts)
121. Look, the military, the CIA, the FBI and Garland will never allow a special master to look at all..
Mon Sep 5, 2022, 03:03 PM
Sep 2022

Last edited Mon Sep 5, 2022, 04:21 PM - Edit history (1)

..the top secret docs TFG stole. No way, Jose! Instead, they will take this up the line and stuff this dork of a judge to the nether regions. Besides, unless they have total control of a master even if they agree, no way these docs are seen by anyone TFG agrees too. Game, set, match!

cstanleytech

(26,306 posts)
125. The judge should clearly have recused herself from the case as she
Mon Sep 5, 2022, 03:38 PM
Sep 2022

clearly had a conflict of interest as Trump nominated her.
28 U.S. Code § 455
Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.

cstanleytech

(26,306 posts)
148. Fine I will amend it and say in my opinion she should have recused herself from the case as her
Tue Sep 6, 2022, 04:30 PM
Sep 2022

ruling in my opinion smells like an attempt to obstruct the investigation as payment to Trump for nominating her.

AntiFascist

(12,792 posts)
139. She is also a pure IDIOT! This is the idiocracy many of us were concerned about...
Mon Sep 5, 2022, 10:24 PM
Sep 2022

and Trump and is the worst IDIOT of them all, leading the rest of the MAGAt idiots!

LudwigPastorius

(9,164 posts)
138. Judge Aileen Cannon is a member of the Taint Team.
Mon Sep 5, 2022, 07:47 PM
Sep 2022

...licking Trump's taint in the hope that he returns to the White House to finish turning this country into a theocratic dictatorship and giving her a seat on the Supreme Court.

spike jones

(1,686 posts)
145. Copied from someone many months ago. "The Judiciary branch is strong and will hold."
Tue Sep 6, 2022, 12:18 PM
Sep 2022

‘A few weeks ago, a dear old friend, a Republican-appointed federal judge, trying to console me during a moment of despair about the future of our country, said to me “The Judiciary branch is strong and will hold.” When I expressed skepticism, he leaned toward me, looked me dead in the eye, and said as firmly as he could without shouting: “We are strong and WE. WILL. HOLD.” ...

Oh wow, did he say hold or fold?

Me now, if it does not hold, democracy is dead in USA.

UT_democrat

(143 posts)
146. Cool
Tue Sep 6, 2022, 01:15 PM
Sep 2022

I'm sure this is just all part of the 3-D chess game that is being played. Or... we have already jumped the shark and its all over but the shouting. Oh well, Just vote.

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