Judge Grants Trump’s Special Master Motion

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Doctor CamNC4Me
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Re: Judge Grants Trump’s Special Master Motion

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This was a tidy comment off Reddit:
“The law is clear. 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,” they wrote.

“Either approach would be a radical reordering of our caselaw limiting the federal courts’ involvement in criminal investigations. And both would violate bedrock separation-of-powers limitations”.

Among a million other reasons, this was the crux of Cannon's unprecedented ruling.

As a district court justice, the lowest court, she took it upon herself to intervene in a federal criminal investigation that obtained a legally-obtained search warrant and had a full filter-process for attorney client privilege or anything else the special master was supposed to accomplish.

Trump's lawyers didn't even think of the special master until Cannon nudged them into considering it at the 11th hour.

Making it even more humiliating - the panel was 3 Republican appointees, two by Trump.

Now Trump and his lawyers will file an emergency appeal to the Supreme Court which even Trump's own largely hand-picked court will quickly swat down, and it's irrelevant in the meantime - the DOJ can continue their investigation unimpeded.

This was the main hurdle the DOJ and Special Counsel needed to resolve before they could consider prosecutorial action, and it clears the way for an indictment
Funny how the GOPhers love to whine about the dEeP sTaTe, but they actually try to place their people into the state to act as 5th columnists. I’m just glad to see the Right still has honorable people who believe in the role of the federal government, especially on the judicial side.

- Doc
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Re: Judge Grants Trump’s Special Master Motion

Post by Res Ipsa »

Doc,

The purple sentence in the quote is false. Trump requested appointment of a special master in the original pleading filled in the proceeding.

The law is clear, but for whatever reason the DOJ never cited the case that makes the law clear to Judge Cannon. The Court of Appeals itself first cited that case on its own in its review of the appeal of Cannon’s denial of the motion for partial stay.
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Re: Judge Grants Trump’s Special Master Motion

Post by canpakes »

Res Ipsa wrote:
Fri Dec 02, 2022 1:15 am
If he wants to keep his case alive, his options are to ask the panel to reconsider, ask the court for reconsider en banc (a larger panel of judges), or file a petition of certiorari with the Supreme Court.
Given that it’s Trump, isn’t it a near 100% certainty that he’ll try at least two of those options?
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Re: Judge Grants Trump’s Special Master Motion

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canpakes wrote:
Fri Dec 02, 2022 3:50 am
Res Ipsa wrote:
Fri Dec 02, 2022 1:15 am
If he wants to keep his case alive, his options are to ask the panel to reconsider, ask the court for reconsider en banc (a larger panel of judges), or file a petition of certiorari with the Supreme Court.
Given that it’s Trump, isn’t it a near 100% certainty that he’ll try at least two of those option?
There isn't the slightest doubt in my mind that he will, and that he will suffer yet another humiliating loss in court if he does.
Three Conservative Judges Just Ended Aileen Cannon’s Outrageous Interference With the Mar-a-Lago Case
The decision could hardly have been more devasting and decisive to both Trump and Judge Cannon.
The decision could not be more emphatic, or more devastating to both Trump and Cannon.

Trump, of course, has lost the benefit of a special master slowing down the federal probe into his alleged misconduct. He has lost his closest judicial ally in the fight, Cannon, who must now dismiss the entire case. (Trump will appeal to the Supreme Court, but he will lose.) Cannon, meanwhile, will see all her handiwork disappear as the case vanishes from her docket. Dearie will go home, having done essentially nothing of value. He certainly tried to restore the rule of law to this case, but Cannon boxed him in at every turn.

Was it worth torching her reputation to give Trump a few extra months of special treatment before the hammer inevitably came down? Was it worth transforming her court into a mockery of justice by brazenly granting extra-special treatment to the president who put her on the bench, in a fashion that looked to the world like the return of a favor to her benefactor? Only Cannon can answer those questions. The rest of us can breathe a sigh of relief that not every conservative judge is as unprincipled, unethical, and unfit for office as Aileen Cannon.
No precept or claim is more suspect or more likely to be false than one that can only be supported by invoking the claim of Divine authority for it--no matter who or what claims such authority.
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Re: Judge Grants Trump’s Special Master Motion

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Res Ipsa wrote:
Fri Dec 02, 2022 2:42 am
Doc,

The purple sentence in the quote is false. Trump requested appointment of a special master in the original pleading filled in the proceeding.

The law is clear, but for whatever reason the DOJ never cited the case that makes the law clear to Judge Cannon. The Court of Appeals itself first cited that case on its own in its review of the appeal of Cannon’s denial of the motion for partial stay.
Thanks for the correction, I should’ve known that since I participated on this thread and another with regard to judge Cannon. I swear there was something Judge Cannon did that was taken as her essentially coaxing or coaching Team Trump with regard to to strategy. Something to the effect that basically told them that they didn’t do x-y-z and them gave them a chance to do it. It was discussed, there was some hyperventilating by some pundits, but I’m too lazy to search for it. I dunno.

- Doc
Hugh Nibley claimed he bumped into Adolf Hitler, Albert Einstein, Winston Churchill, Gertrude Stein, and the Grand Duke Vladimir Romanoff. Dishonesty is baked into Mormonism.
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Re: Judge Grants Trump’s Special Master Motion

Post by Res Ipsa »

Doctor CamNC4Me wrote:
Fri Dec 02, 2022 11:45 am
Res Ipsa wrote:
Fri Dec 02, 2022 2:42 am
Doc,

The purple sentence in the quote is false. Trump requested appointment of a special master in the original pleading filled in the proceeding.

The law is clear, but for whatever reason the DOJ never cited the case that makes the law clear to Judge Cannon. The Court of Appeals itself first cited that case on its own in its review of the appeal of Cannon’s denial of the motion for partial stay.
Thanks for the correction, I should’ve known that since I participated on this thread and another with regard to judge Cannon. I swear there was something Judge Cannon did that was taken as her essentially coaxing or coaching Team Trump with regard to to strategy. Something to the effect that basically told them that they didn’t do x-y-z and them gave them a chance to do it. It was discussed, there was some hyperventilating by some pundits, but I’m too lazy to search for it. I dunno.

- Doc
I think that was in her first order, in which she asked Trump's lawyers to explain the jurisdiction they were invoking. She mentioned a couple of alternatives, including anomalous jurisdiction.
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Re: Judge Grants Trump’s Special Master Motion

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If being discovered as a partisan hack dissuades Cannon from being a judge, she can always join Fox News.
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Re: Judge Grants Trump’s Special Master Motion

Post by Res Ipsa »

canpakes wrote:
Fri Dec 02, 2022 3:50 am
Res Ipsa wrote:
Fri Dec 02, 2022 1:15 am
If he wants to keep his case alive, his options are to ask the panel to reconsider, ask the court for reconsider en banc (a larger panel of judges), or file a petition of certiorari with the Supreme Court.
Given that it’s Trump, isn’t it a near 100% certainty that he’ll try at least two of those options?
Hard to say. At some point it’s good money after bad.

One question I have is whether the vendor that scanned the documents and made them available online to the parties has been paid. Cannon had ordered Trump to pay. But did she have jurisdiction to order that? And the record indicates that the DOJ signed or guaranteed the contract because no company would contract with Deadbeat Donald.

Cannon may have authority to award costs. I can’t recall offhand. We’ll see.
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Re: Judge Grants Trump’s Special Master Motion

Post by Gunnar »

Moksha wrote:
Fri Dec 02, 2022 11:19 pm
If being discovered as a partisan hack dissuades Cannon from being a judge, she can always join Fox News.
Right! All Fox News needs is another Jeanine Pirro! :roll:
No precept or claim is more suspect or more likely to be false than one that can only be supported by invoking the claim of Divine authority for it--no matter who or what claims such authority.
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Re: Judge Grants Trump’s Special Master Motion

Post by canpakes »

Res Ipsa wrote:
Sat Dec 03, 2022 4:23 am
canpakes wrote:
Fri Dec 02, 2022 3:50 am


Given that it’s Trump, isn’t it a near 100% certainty that he’ll try at least two of those options?
Hard to say. At some point it’s good money after bad.

One question I have is whether the vendor that scanned the documents and made them available online to the parties has been paid. Cannon had ordered Trump to pay. But did she have jurisdiction to order that? And the record indicates that the DOJ signed or guaranteed the contract because no company would contract with Deadbeat Donald.

Cannon may have authority to award costs. I can’t recall offhand. We’ll see.
No worries on the money. He’ll just send out another fundraising letter to his followers.
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