Appeals court halts special master review of documents seized at Mar-aLago in major defeat for Trump

[BumRushDaShow]

Last edited Thu Dec 1, 2022, 07:24 PM - Edit history (1)

Source: CNN Politics

CNN — In a major defeat for former President Donald Trump, a federal appeals court on Thursday halted a third-party review of documents seized from his Mar-a-Lago estate. The ruling removes a major obstacle to the Justice Department’s investigation into the mishandling of government records from Trump’s time in the White House.

The three-judge panel of the 11th US Circuit Court of Appeals reversed US District Judge Aileen Cannon’s order appointing a so-called special master to sort through thousands of documents found at Trump’s home to determine what should be off limits to investigators. The court said the judge should not have intervened in the first place.

“The law is clear,” the appeals court wrote. “We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so.” The 11th Circuit said that either approach would be a “radical reordering of our caselaw limiting the federal courts’ involvement in criminal investigations” and that “both would violate bedrock separation-of-powers limitations.”

The Justice Department is investigating obstruction of justice, criminal mishandling of government records and violations of the Espionage Act, according to court filings. The probe exploded into public view with the August search, which came after investigators obtained evidence they said led them to believe that Trump had not complied with a subpoena for all documents marked as classified being stored at his Florida home.

Read more: https://www.cnn.com/2022/12/01/politics/mar-a-lago-special-master/index.html

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Article updated.

Original article -

CNN — In a major defeat for former President Donald Trump, a federal appeals court on Thursday halted a third-party review of documents seized from his Mar-a-Lago estate.

The ruling removes a major obstacle to the Justice Department’s investigation into the mishandling of government records from Trump’s time in the White House.

In a ruling on Thursday, the 11th US Circuit Court of Appeals reversed a lower court’s order appointing a so-called special master to sort through thousands of documents found at Trump’s home to determine what should be off limits to investigators.

“The law is clear,” the appeals court wrote. “We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so.”

[tanyev]

1. "major defeat for Trump"

One of the best four-word combinations containing the word Trump!

[secondwind]

3. Music 🎶 to my ears.......

[LiberalLovinLug]

36. I wouldn't frame it as a "major defeat"

It was actually a bit of a win for him to find Cannon when they went judge shopping. A born again Trump cultist. Who helped him delay delay delay.

But was this verdict ever in doubt? Most legal experts thought Cannon's ruling for a special master was way off base to begin with. It was only a matter of time that this ruling was reversed.

Time.

Trump won some time. And yeah, he will appeal this now. He will keep going using the legal system to squeek out of every criminal action. And once the House is turned over, they will do everything they can to throw a monkey wrench into the works. Not saying how, but I'm sure there are ways.

[Magoo48]

63. Nor would I.

It’s purpose was to delay. It delayed.

[onenote]

65. If he appeals it won't buy him any more time.

This decision will take effect in a week's time, per the 11th Circuit's order The Supreme Court will not stop it from taking effect, just as they didn't stop the previous 11th Circuit decision pertaining to the classified documents from taking effect.

[ificandream]

2. Woooo hoooo!!

[rurallib]

4. Can this be appealed to SCOTUS

for yet another interruption in the investigation?

[emulatorloo]

7. Maybe. But SCOTUS has not been ruling in favor of Trump's appeals. They have even refused to hear

some of them. And they work fast when it comes to Trump.

[orthoclad]

14. The oligarchy has dumped Trump,

they're seeing him now as an obstacle, not a tool, to power. But he succeeded in delaying action until after the election. The delay possibly contributed to their seizure of the House, by postponing controversy and possible involvement of R pols.

I've been concerned that Trump prosecutions would be nullified by this Court. It looks like they're dumping him as an albatross so they can bring forward a new tool. DeSantis for the loons or Hogan for the Chamber of Commerce? "Look, we cleaned house"

Who is "they"? Look at the list of US billionaires, our own dear oligarchs.
https://www.bloomberg.com/billionaires/

[yankee87]

59. TFG still owns cult

TFG still controls his cult of personality and will screw with the primary electorate. Let’s face it he will destroy the party to assuage his fragile ego. Here’s to hoping for that outcome

[certainot]

61. dems/media merely need to recognize GOP's russian influence and TFG's political ascendency were

blown onto the country by a few hundred limbaugh wannabes on 1500 radio stations, repeating the limbaugh script for 30 years, whether it came from RW think tanks or, later, russian think tanks too

trumpers and teabags before them are all dittoheads. that's where this alt reality they live in came from, whether it's reinforced on fox or social media, or from secondary or tertiary sources, that's where the drumbeat repetition comes from. it is astoundingly incompetent and irresponsible for dems to keep ignoring it.

[orthoclad]

71. I think the cult fandom

is fairly free-floating. Some of them are true fanbois of Trump, but the larger portion just want to own the libs. They have become addicted to rage and fear and are easily manipulated. They could deal with their sense of betrayal (from backing a loser) by displacing their loyalty (and rage) onto the next nutzo leader.

There's always been this nutzo strain in the US body politic. Trump amplified it, giving it legitimacy, enlarging it, and normalizing it. They didn't just crawl out into the light of day; they reproduced.

Let's face it: most USians are not doing so well. Facing fear of poverty from the cost of living (med bills are a leading cause of bankruptcy), they become easy prey for manipulators -- especially when the manipulators hold the press, tv, radio, twitter, and facebook. There are very few truly independent media left.

I hope he destroys the party. But I think he will be a sacrificial goat. Evidence: Republican Cheney is trying to focus the J6 report on just him. Much of the J6 staff are angry about this.

[H2O Man]

44. Right.

They will almost certainly refuse to hear it, though Clarence may try. But it will be 8-1.

[lark]

62. Could easily be 7-2, Alito is every bit as big a traitor as Thomas.

Disgusting duo.

[onenote]

64. The Court, including Thomas, will refuse to hear the appeal.

When Trump appealed the first 11th Circuit decision -- the one that allowed DOJ to continue to use the classified documents seized at Mar-a-Lago, Thomas didn't issue a stay pending that appeal when he could have and then the court, with no dissents noted, quickly rejected Trump's appeal.

There is no reason to think that the same thing won't happen again should Trump bother to appeal. In the meantime, the decision will take effect in less than a week as dictated by the 11th Circuit.

[Tomconroy]

13. They can ask the court to hear the case. They can appeal only

if the Supreme Court agrees to hear it.
It will delay the decision taking effect for probably s short period of time.

[onenote]

23. It may not delay it at all.

I can't see the Supreme Court staying the appeals court's decision. After all, they already refused to stay the appeals court's decision as it applied to the classified documents, and the reasoning in both of the 11th Circuit's decisions are essentially the same.

[Tomconroy]

27. I don't think the Supreme Court will hear it either.

I assume the decision won't be effective until the appeal period runs. The Supreme Court will dispose of an appeal quickly.

[onenote]

30. Decisions are not automatically stayed pending the filing of an appeal.

The decision is effective unless a court affirmatively stays it.

[MissMillie]

55. per NBC News:

"In a separate order, the panel said its ruling will take effect in seven days, barring any intervention by the Supreme Court. Trump could appeal Thursday's ruling and request that the order be put on hold."

https://www.msn.com/en-us/news/politics/in-major-setback-for-trump-appeals-court-ends-special-master-s-review-of-seized-mar-a-lago-records/ar-AA14NJVe?cvid=c57734f548c540ee93927690b470d7f5

[WestMichRad]

19. Yes

And SCOTUS will tell the defendant to get lost, he doesn’t have executive privilege now.

At least, that’s what SHOULD happen!

[maxsolomon]

24. 1st it will be appealed to the full circuit.

This was a 3-judge panel.

SCOTUS Certiorari petition will be after that.

When did they "raid" Mar A Lago? AUGUST 8TH. It's December. I'd wager another 4 months till the full Circuit upholds and SCOTUS rejects the petition.

"Death needs time for what it kills to grow in."
-WS Burroughs

[calimary]

37. Oh, probably. That's one of trump's behavior patterns.

ALWAYS looking for the loophole. Or the pet judge. Or the fill-in-the-blank-here secret exit door.

But his record for wins is NOT good. And long may it continue! Even if it means he can drag it out and delay and clog up the works, he eventually runs all the way to the end of the road, and it’s a dead end. Pretty much every time.

[LetMyPeopleVote]

42. TFG appealed the prior ruling on confidential documents to the SCOTUS

The SCOTUS rejected that appeal

Link to tweet

[emulatorloo]

5. Excellent. Kick and Rec. The ketchup must be flying today.

[Evolve Dammit]

9. If only it was an organ exploding.... Ever see "Scanners"?

[emulatorloo]

16. Great movie!

[Evolve Dammit]

22. I will hope, but realize that was Hollywood!

[calguy]

6. A defeat for trump but also a win, of sorts, for him

His whole purpose was to delay the DOJ investigation, which he accomplished, to a degree.

[TomSlick]

8. This ruling seems a no-brainer.

It should be obvious that the courts cannot interfere with an on-going criminal investigation. I don't care who is being investigated. (Judge Cannon probably knew better than what she ordered, she just didn't care.)

Then again, it's strangely reassuring these days when the courts recognize a no-brainer when they see one AND treat it as one.

[LymphocyteLover]

10. our long national nightmare is over... at least in terms of this stupid waste of time issue

[maxsolomon]

25. Haha you wish.

Appeal to the full circuit coming. * uses other people's money to pay lawyers.

[onenote]

28. Let him waste his money. It won't delay anything.

I can't see the full Circuit or the Supreme Court agreeing to hear a challenge to this unanimous decision from three GOP appointed judges. And I can't see any judge or court staying the effect of the 11th Circuit's decision pending a Trump appeal. The SCOTUS already rejected an attempt to stay the earlier 11th Circuit rejection of the district court's order as it pertained to classified documents. The reasoning in this case is the same and thus there is no reason for this decision to be stayed when the earlier one wasn't.

[maxsolomon]

29. Any appeal has to go through the courts, no?

that's a delay. He'll eventually lose, sure, but time is what he's playing for.

[onenote]

33. Decisions are not automatically stayed pending appeal

A court would have to grant a stay of the 11th Circuit's order pending an appeal. And that almost certainly will not happen here given that it didn't happen with respect to the earlier 11th Circuit order pertaining to the classified documents.

[Lonestarblue]

60. He's trying to run put the clock until a Republican president can pardon him in 2024.

DeSantis or any other Republican nominee would promise to pardon just to win over Trump cultists.

[msfiddlestix]

66. How long do you think it will take for SCOTUS to decide to Reject?

[onenote]

67. a week to ten days at most but the decision will have gone into effect in the meantime

It depends on whether Thomas, as he did with the previous emergency stay request, gives DOJ an opportunity to respond before they reject the request.

[msfiddlestix]

68. I see. thanks.

[ShazzieB]

11. Great news!!! 🎉

Celebrate good times, come on!

[Deuxcents]

12. What are the consequences?

That’s my question about these “wins”

[Tomconroy]

15. Trumps case was ordered dismissed. The DOJ can

Continue its investigation of stolen documents.

[Jazz Jon]

17. Not for reasons of Law and Order

You know this can only mean one thing. The Republican party is done with Trump. They want to move on to DeSatin.

Whatever they say about this law or that law or this judicial l practice or that judicial practice is all smoke screens.

There is no law and order. It's all politics and personal ideology. So their politics amd ideology have no use for Trump going forward. It's official with this ruling.

[emulatorloo]

46. Your post might fit better in the "Creative Speculation" forum.

[Jazz Jon]

70. On the Contrary

On the contrary, the 11th Circuit Court of Appeals that made this ruling is said to be the most conservative in the country. They would be interested in supporting Judge Aileen Cannon, unless they had a particular reason not to.

That particular reason in this case is that the Republican establishment has moved on from Trump. What other reason could they have? Maintaining law and order is not a very likely reason. We're talking modern day Repbulicans here.

They're appearing to enforce the law here because there is no longer a compelling reason for them to make up an excuse not to do it.

[emulatorloo]

72. Or the 11Th circuit believes in the rule of law. And knows Cannon is a hack.

Judges have been ruling against Trump for a long time now, while Republicans and his donors were still kissing his ass. RNC was still paying his legal fees. while Trump appointed judges ruled against him over and over.

[onenote]

74. The Fifth Circuit, not the 11th is recognized as the most conservative

The 11th Circuit has 11 active judges. Of the 11, four were appointed by Democratic presidents (3 Obama, 1 Clinton). The 7 republicans include 6 Trump appointees and on GWBush.

Compare that to the 5th Circuit, which has 16 active judges, only four of whom were appointed by Democrats (2 Clinton, 2 Obama). The 12 republican appointees include 6 Trump nominees, 2 Reagan, and 4 GWBush.

[SergeStorms]

18. What a loser.

Lose, lose, lose. Doesn't Trump ever win?

You'd think he'd stop trying, after awhile. How much losing can one man take?

[WestMichRad]

21. Delay, delay, delay, grift, grift, grift...

That’s his game. So far it has worked for him.

[SergeStorms]

54. I think...

maybe, just maybe.....the cult has finally seen the light. There's not much light when you have your collective heads up Trump's ass.

I think it would be great if Trump won the republican nomination for president, and no one contributed to his presidential campaign.

Maybe he actually would have to finance his campaign by himself, like he said he was going to do in 2016. He's been on the grift ever since, so he must have hundreds of millions salted away, somewhere.

[quakerboy]

20. Months too late

The desired delay was achieved, thevframing is settled, and anyone open to changing minds has moved on.

[cilla4progress]

26. Super

woot!!!!

[LetMyPeopleVote]

31. This was a fun opinion to read

Here is the link to the opinion
https://www.documentcloud.org/documents/23323310-221201-11th-c-vacate
This was a major slap in the face of Judge Loose Cannon.

Here is a good analysis of the opinion

Link to tweet

Link to tweet

Link to tweet

Link to tweet

Link to tweet

[MissMillie]

56. I thought so too... thank you for posting the link (n/t)

.

[Lucinda]

32. ❤️ ✿❧🌿❧✿ ❤️

[Cha]

34. & Major Defeat for Cannon

Fodder too!

[calimary]

38. She strikes me as a grateful acolyte, who evidently

resolved to thank her big orange benefactor for promoting her to a more important job. At least her behavior leads me to that conclusion.

But she can be overruled. And we see that happening yet again. Only so much you can do to keep on saying thank-you, girlfriend. Your mess WILL be cleaned up by a higher court.

[Cha]

47. And, she strikes me as a

member of the Fascist Cult who didn't uphold the law.

She makes me literary sick.

I am so Grateful for Justice Matters!

[LetMyPeopleVote]

43. Judge Loose Cannon will forever be remembered as the partisan hack

Link to tweet

[Cha]

48. And, they were 3 R Judges, too, right?

Freaking Fascist Hack.. everything Dt touches turns to Shit!

TY, LMPV.. ReTweet!!

[AverageOldGuy]

35. This has been a VERY GOOD WEEK for JUSTICE

This has been an EXCELLENT week for the rule of law, for the American Way, for our Constitution, and for We The People. This has been a bad, bad, bad week for Trump, "Patriots," American Nazis, White Supremacists, Proud Boys OafKeepers, Three Percenters, and other ash and trash.

1. The Supreme Court ruled that Trump's tax returns must be turned over to Congress. The Dept of Treasury turned over 11 years of Trump's tax returns. Initial reports say these tax returns reveal: (1) Trump is a crook, the returns are shot full of lies and illegal claims; (2) Trump is nowhere near as rich as he claims, in fact, he likely is broke and has been for years.

2. A federal grand jury found the leaders of a criminal gang that tried on Jan 6, 2021, to overturn a legal election GUILTY OF PLOTTING AND ATTEMPTING AND INSURRECTION, among other serious charges. They likely will spend 20 or so years in federal prison. This decision does not bode well for the rest of the Jan 6 coup plotters. This is a good thing -- put these criminals, thugs, wannabees, Nazis, losers, and general all-around assholes in the slammer.

3. The 11th Circuit Court of Appeals threw out the Special Master that Trump was trying to use to avoid prosecution for stealing highly classified documents. This decision frees the Dept of Justice Special Prosecutor to indict Trump on a wide range of charges, all of which he is likely to be found guilty.

4. Mike McCarthy, the possible incoming Speaker of the House, announced the Republican plan for the House for the next two years: Waste time and money on useless investigations. These "investigations" likely will turn up the same results as the Benghazi investigation: NOTHING.

The moral arc of the universe is long but it bends toward justice -- and Justice is now wielding her sword!!!

[BumRushDaShow]

39. Don't forget to add this

that is wrapping up this week (Manhattan D.A. case) - https://www.democraticunderground.com/10143001497

[republianmushroom]

40. Cannon did as she was told, she slowed down and delayed the investigation.

[Evolve Dammit]

41. that sounds right. And how many federal judgeships did Mitch push through? Anyone have the numbers?

[iluvtennis]

45. Awesome news! Now the DOJ/FBI/other agency can review the docs with respect to their investigations

n/t

[Cha]

49. Dt & those attached to him must me

shitting the proverbial BRICKS!!

[PJMcK]

50. Hey, Trump!

How’s all of that winning doing for you? Tired of it yet?

[alwaysinasnit]

51. Judge Loose Cannon got ramrodded.

https://www.urbandictionary.com/define.php?term=Ramrodded

To have your ass completely kicked; to be overwhelmed by a superior force; to bend over and take it knowing that you're beat...

[republianmushroom]

52. GOOD

[MissMillie]

53. The RWNJ aren't happy.... gee.

First complaining about the make-up of the court (liberal judges) until someone corrected them.

Another post touting the lie that Obama has custody of millions of documents.... yadda yadda yadda.

There's one guy over there making some sense, and another that essentially called Cannon an idiot... but over-all, they're not too happy.

[ZonkerHarris]

57. Judge Cannon must like a good spanking.

[Hassler]

58. Another loss for America's Biggest Loser

[ificandream]

69. Oh, if this had only happened before the midterms.

[Prairie_Seagull]

73. Another win for the Rule of Law.