DOJ will appeal judge's decision to grant Trump's special master request to review seized docs

[CousinIT]

Source: ABC News

The Department of Justice on Thursday filed a notice to appeal the latest ruling in the dispute over documents seized from Donald Trump's Mar-a-Lago estate, where the government claims highly classified records were being improperly held.



Read more: https://abcnews.go.com/Politics/doj-appeal-judges-decision-grant-trumps-special-master/story?id=89535075

[Fiendish Thingy]

1. Excellent news! Nt

[greatauntoftriplets]

2. Yes!

[Ocelot II]

3. Good.

[Lunabell]

4. Yes!

We will prevail.

[agingdem]

5. where was the appeal filed..Florida or DC?

[SlimJimmy]

28. The 11th circuit

[soldierant]

49. That would be Florida. Also, that circuit is assigned to

Clarence Thomas.

[SlimJimmy]

59. Yes. Absolutely correct

[onenote]

61. Thomas would only get involved after the 11th circuit addresses the appeal

And only with respect to a request for a stay of whatever the 11th circuit decides. Most of the time, the Justice to which such a request is directed refers it to the full court, although one can't assume that would be the case. If it reached the point where a stay was requested and Thomas acted on it without referring it the full court, the losing party can file a motion to have the entire court vacate the individual justice's ruling, although that is pretty rare.

[Baitball Blogger]

6. Due diligence. It was the right thing to do.

[bucolic_frolic]

7. DOJ acts only after careful deliberation

Glad they took the extra couple days. Surely the appeal is a strong one.

[padah513]

10. +1

[tavernier]

42. Weismann just said it was

VERY STRONG.

[Justice matters.]

51. Supremely corrupt judges (usually) don't care about Justice.

I won't hold my breath.

[tavernier]

54. Yeah but they've sort of got her cornered

Per lots of talking lawyer heads

[CousinIT]

8. ABC News link:

https://abcnews.go.com/Politics/doj-appeal-judges-decision-grant-trumps-special-master/story?id=89535075

[ancianita]

13. So it's with the 11th Circuit. Okay, thanks.

[deRien]

38. Clarence Thomas

is the appointed justice for the 11th Circuit...

[onenote]

62. See post #61

[BumRushDaShow]

15. Go add that link with some excerpts to the OP

so that you don't get this important OP locked!

[CousinIT]

18. DONE. Thanks! n/t

[BumRushDaShow]

21. Thank YOU!

News is gonna be jumpin' with that appeal given all the pundit speculation prior to that happening (and all the other stuff going on today that has had me in carpal tunnel land since before 8 am ET this morning ).

[bagimin]

9. k& highly recommended

[Jim__]

12. Does the appeal go to the 11th circuit?

That's a majority Trump judge court. Maybe some of them are legitimate.

[ancianita]

20. Clarence Thomas oversees the 11th Circuit.

This court is not to be trusted.

I also wonder why the DOJ appealed to them and didn't file for a change of venue to the DC Circuit.

[BumRushDaShow]

26. I think eventually it will come back to the D.C. District

but since the original search and seizure was done under the purview of U.S. Attorney for the SD of Florida (and the warrants were signed by a magistrate there) AND the property being searched was in that FL federal District, that's why it is swirling around down there.

As an example - when you had loon insurrectionists "arrested", most did NOT live in D.C. and were arrested where their residences were and the U.S. Attorney for that particular District where they lived, handled that. Once they were in custody and charged, THEN the whole thing was transferred to the place that was the "scene of the crime" - D.C.

[ancianita]

33. Your parallel with the loons is convincing, and I hope it holds for Trump -- the only difference

being that Trump would have to be charged (right?) so that the "scene of the crime" jurisdiction in DC can take over the case of 4,000 criminally "removed" documents.

The best case the DOJ could make, which I don't believe it's made yet, is that such stolen documents constitute a threat to national security, which Cannon didn't address. If the the 11th Circuit considers that problem, it could still rule to transfer the case to the DC Circuit. I'm no lawyer, but that's how my thinking runs.

[BumRushDaShow]

45. One of the issues here

is that the stuff that was seized had federal documents (including highly-classified stuff) was mixed in with personal stuff (some of which may have been correspondence ith his lawyers related to his companies and properties - e.g., that hotel in D.C., etc).

So it's a matter of sorting all of that personal stuff out and any attorney-client stuff, and giving it back (if not related to the criminal inquiry).

[Rebl2]

40. I hope so

Because the 11th Circuit does not sound friendly.

[sl8]

48. What do you mean by oversee?

He is assigned the 11th Cir.. He handles certain SCOTUS business that originates from that circuit such as emergency appeals and some stays.

Even if he denies an application, the applicant can then go to another Justice. (and another, and another, etc.).

Was there something specific that you were concerned he might do?

[ancianita]

56. I mean that he's assigned, allotted, if you will. Do you see a problem with word choice?

"Was there something specific that you were concerned he might do?"

Nothing specific except that he's widely considered the Court's most conservative member. My personal issue is that after his rock jaw silence for decades, he concurs with the Dobbs majority, he argued that the Supreme Court should go beyond Roe vs. Wade and reconsider other substantive due process precedents to overturn, including those in Griswold v. Connecticut (1965), Lawrence v. Texas (2003) and Obergefell v. Hodges (2015).

I'm not alone in being concerned about the 11th Circuit and Thomas, and whether they'd play along with the justice delayed stall that's going on. I'll add that the sooner this case gets to the DC Circuit, the better for bringing this criminal in chief to justice.

[sl8]

57. Well to me, "oversee" means to be in charge, or to supervise, or something like that.

Rather than his job of handling certain applications to the Supreme Court that originated in that geographical circuit.

If the appeal makes it to the Supreme Court, of course J Thomas and friends are a huge concern, but that has nothing to do with which Circuit they were assigned to.

[ancianita]

58. Yes, that can be the meaning in one context; in slave days there were 'overseers.' Or some

Last edited Thu Sep 8, 2022, 10:28 PM - Edit history (1)

business boss oversees a project.

In other contexts, mostly government, it's more like how congress oversees, as with oversight (related to oversee) committees. So yes, the word choice can be an academic exercise.

Not academic in any way is our concern here with which this concerning justice is concerned with outcomes to fit his own extreme precedent overturning concern when it comes to humans' bodily autonomy concerns. I do think that geographical districts were not randomly allotted to justices. I do think that Trump's moving to a state in a different federal district has, indeed, a lot to do with his long term attempts to use delay tactics to avoid justice. Don't think his judges aren't aware of that, either. You can claim the circuit has nothing to do with the justice if you like, but I don't agree.

The DOJ appeal was just made today, so we'll see how this goes, how long it takes the 11th to rule on what the legal world knows was a clear misrule.

[sl8]

60. OK, thanks. nt

[onenote]

63. He doesn't "oversee" the Circuit.

Individual justices are assigned to circuits to handle emergency requests for relief, such as requests for stay of an appellate court decision. They don't decide what judges hear cases or otherwise get involved in the appellate court's consideration of a case.

[Lonestarblue]

50. I wonder why Nancy Abudu has nt had her nomination confirmed yet. She was nominated in

January of this year. She would be an important vote, yet the Senate seems to have dragged its feet on confirmation. Why? It only takes 50 votes.

[Bayard]

22. This is a big concern

Why not move it to DC where it should be? Its where National Archives cases belong.

[Duppers]

41. Good point. 👍

[onetexan]

53. +1 -K&R!!

[agingdem]

23. I suspect some of them are more concerned

about their reputations than Loose Cannon, and I think sacrificing their integrity on the altar of Trump, a disgraced one term twice impeached treasonous insurrectionist, might not be something they should do

[RedSpartan]

29. The 11th Circuit (a group of 3 judges) will uphold Corrupt Cannon's ruling.

Then the DOJ will request an en banc hearing (meaning ALL judges on the 11th Circuit hear the case) and the full court will uphold it.

Then the DOJ will appeal to the Supremes. The Supremes, in a 5-4 decision with Roberts siding with the liberal Justices, will uphold.

And that will be that.

[intrepidity]

46. But, doesn't it have to be based on law?

Is there a "legal" justification that all of those judges are willing to bet their (lol) reputations on?

[Wednesdays]

47. Was Dobbs "based on law"?

[intrepidity]

52. Well, technically, yes. A twisted interpretation, but still. nt

[LetMyPeopleVote]

14. Justice Department to appeal judge's ruling on special master in Trump search

This ruling by this partisan TFG Hack judge needed to be appealed and overturned

Link to tweet

https://www.nbcnews.com/politics/justice-department/justice-department-appeal-judges-ruling-special-master-trump-search-rcna46915

WASHINGTON — The Justice Department will appeal a judge's ruling for a special master to look at the documents seized during the search of Mar-a-Lago, according to a notification filed Thursday.

The Justice Department will file their appeal to the United States Court of Appeals for the Eleventh Circuit, the filing said.

U.S. District Court Judge Aileen Cannon, a 41-year-old Trump appointee who was confirmed to the Southern District of Florida at the tail-end of the Trump administration, granted Trump's request for a special master on Monday. Her ruling was widely panned by the legal community, especially given her unprecedented decision to give a special master authority not only over documents protected by attorney-client privilege but over Trump's purported claims of executive privilege.

When the FBI executed a search warrant at Mar-a-Lago one month ago, the Justice Department says it found more than 11,000 pages of government documents that — under the Presidential Records Act — belonged in the custody of the National Archives. They also found hundreds of pages on documents with classified markings, despite the fact that a Trump lawyer attested that the former president no longer possessed classified records after turning over 38 classified documents in June in response to a grand jury subpoena. Earlier in the year, Trump turned over boxes of documents to the National Archives that contained more than 700 pages of

The government argued that there was evidence that the Trump team "concealed and removed" additional classified documents that had been stored at Mar-a-Lago before the FBI's August search took place.

[Lasher]

17. WaPo has picked it up now

The Justice Department said it would appeal a federal judge’s decision to appoint a special master to sift through thousands of documents the FBI seized from Donald Trump’s Florida residence on Aug. 8, according to a Thursday court filing.

The notice of appeal arrived three days after Judge Aileen M. Cannon ruled in favor of Trump and said she would appoint a special master, slowing — at least temporarily — an investigation into the possible mishandling of extremely sensitive classified information, as well as possible hiding, tampering or destruction of government records.

The Justice Department wrote in a brief filing that it would be appealing the decision to the 11th Circuit Court of Appeals. The notice paves the way for federal prosecutors to submit a detailed appeals brief to the 11th Circuit Court in Atlanta.

Trump’s legal team argued in a federal courthouse in West Palm Beach last week that a special master is needed to determine whether any of the documents — more than 100 of which are classified — should be shielded from investigators because of attorney-client or executive privilege. They also said an independent outside expert would boost “trust” in the Justice Department’s criminal probe.

https://www.washingtonpost.com/national-security/2022/09/08/justice-appeals-trump-documents-special-master/

[highplainsdem]

19. Good!

[ananda]

24. The 11th circuit has six fucking Trump judges.

SHEESH

[obnoxiousdrunk]

30. Yes 6 out of 11.

[Marthe48]

25. Quick followup!

Yay!

[CaptainTruth]

27. Good, they should. It was a bad decision by the judge.

[world wide wally]

31. Our age of corruption.

[Novara]

32. Gosh, wouldn't it be amazing if judges were impartial?

Oh wait.





Legal twitter seems to think the DOJ's brief is really strong and well-crafted.

[Novara]

34. The DOJ isn't asking for a complete withdrawal of the decision, either.

Link to tweet

[Novara]

35. Lawfare:

https://www.lawfareblog.com/justice-department-appeals-cannons-order-appoint-special-master

snip............

In the motion to stay Cannon’s order, the Justice Department argued that the order would “cause the most immediate and serious harm to the government and the public.” The Justice Department also asserted that the FBI should be authorized to evaluate empty folders with “classified banners” seized at Mar-a-Lago to “assess what materials might have previously occupied the folders and “whether they may have been lost or compromised.”

[Obvious85]

36. a Special Master to review stolen, classified info

Is this Judge out of her mind, threatened, or paid off? She will be removed.

[MarineCombatEngineer]

55. She will be removed?

Just how, pray tell, will she be removed?

You are aware that it takes 67 votes in the Senate to convict and remove a federal judge aren't you?

[Novara]

37. DISTRICT COURT, not the 11th Circuit. Yet.

Link to tweet

[GB_RN]

39. This Fucking "Judge" Put The DOJ In A Bind...

If they waited out the special master, it delayed the investigation. If they appealed, it gives the MAGAt Orange Deity more time to delay. But allowing this precedent to stand was probably the absolute worst possible outcome for every future search/seizure case. They really had no choice.

This fucking "judge"...🤦‍♂️

[cstanleytech]

43. The judge should have recused herself from the start as she had a clear conflict of interest seeing

as Trump was the one that nominated her for the position.
Furthermore if there is any type of ethics board or something that oversees federal judges her conduct should be sent to them for review as well as any bar association she is part of.

[onenote]

64. It doesn't work that way. Never has.

[cstanleytech]

65. Yes, a great deal in this world does not work like we might want it to.

[FBaggins]

66. Do you really think that's how it should work?

If Republicans take the House and start sending subpoenas out. Do you really think that all Obama/Biden appointees should recuse themselves from any cases that result?

What about Trump judges on cases involving Trump's political opponents?

[cstanleytech]

67. I think a completely independent body should at the very least be allowed to oversee all judges if

and only if there is a clear indication that a judge had a conflict of interest in a case that they did not recuse themselves from.
In this case it is not because she was or is a member of the Federalist Society or because of anything else other than the fact she ruled on criminal investigation case in favor of the same person that nominated her for the position.

[onenote]

68. Should the Clinton appointed judge who just threw out trump's case against Hillary

have recused himself?

He was asked to by Trump and rejected that request, citing among other cases, Straw v. United States, 4 F.4th 1358, 1362 (Fed. Cir. 2021), where it was stated that “There is no support whatsoever for the contention that a judge can be disqualified based simply on the identity of the President who appointed him.”

[cstanleytech]

69. The cases are not comparable as that was a civil case with Trump suing Clinton where as this

is an ongoing criminal investigation into a former President with a judge that is clearly beholden recently to Trump.

[Duppers]

44. 'Toon

Link to tweet

[LetMyPeopleVote]

70. Appeals court *grants* DOJ motion to expedite appeal of Judge Cannon's order

Link to tweet