Judge grants Trump's request for special master, halts review of seized documents

This is one I didn't get on my newsfeed, but came across on FB.

https://news.yahoo.com/trump-won-t-thinks-fbi-143628203.html

I thought Dearie's request was odd. I'm getting the sense this one is leaning against Trump instead of being neutral.

 

It's not odd, it's actually very dangerous. When there are those in the judiciary who believe it's their obligation to put their weight on the side of the DOJ just because, and when the DOJ expects the Court to do the bidding of the DOJ, we're all screwed and donezo. The reason we believe in the system is the veener appearance of neutrality. At least give an effort, to look legitimate.

There's a substantial difference between them pushing an argument because they believe it on the merits, and them rubbing a judge or in this case a special masters to act on their behalf.

 

Judge Dearie wants this to be resolved by October 30th while Judge Cannon wants it completed after the midterms. Hence the friction between a rookie judge and a seasoned judge.

 

You do realize that Trump is the plantiff in this case, right? It is up to the plaintiff to prove his case, not the DOJ who are actually the respondents.

Trump filed a suit in Judge Cannon's courtroom asking for relief as a civil suit.

 

He filed a suit in response to the raid that the DOJ initiated. So though Trump is the 'plantiff', one can't logically see him that way. This is basically a preliminary trial of the facts on the 'impending' indictment by the DOJ. The DOJ has claimed the rights over the documents in pursuant to 3 criminal statues. To me, and this is personally an opinion I believe the DOJ should be inclined to prove its case.

If the DOJ were to argue the same point as the Trump team, then the Special Masters should not have had a problem. Instead, you can see the preference for 'rulings against Trump' in that everyone on team DOJ lambasted Judge Cannon for stating the obvious: It wasn't in her order, it wasn't ever raised by the plantiff.

It seems to me, Dearie read the complaints by his dear DOJ friends and advocated on their behalf.

 

I know what he did, but the proper procedure was to file a complaint with the judge who signed the search warrant. Trump decided that cannot be and went the alternative route as the petitioner. Since he is wanting, per the suit, and the documents back. He, through the petition, has argued that the FBI planted the evidence, they were all declassified, they are all his with attorney/client privilege, etc. All of those arguments, Trump must be proven by the plaintiff. Judge Dearie asked Trump refused. And since he is unwilling, the special master will not rule in his favor. No one to blame but him, but he never accepts blame.

 

Actually, some of these such as 'FBI planting the evidence' as well as the 'declassified documents' were never made in writing(ie: via petition) that is the whole sum of Judge Dearie's position pertaining to this matter. But what Mr. Dearie and those objecting didn't understand(or rather, would understand were it not Trump but any other criminal defendant or litigant) is that words not said under oath, mean nothing.

I could write 'I was responsible for the murder of John F. Kennedy', but no one could actually use that statement in court since I wasn't under oath. In the same breath, Cannon didn't recognize any of Trump's media outbursts because again: They weren't in court, under oath. So how could Cannon possibly order something pertaining to executive privilege, declassification and/or planted evidence? She couldn't, as far as she was legally concerned it never entered her courtroom.

So what does this mean? Looking at it from Mr. Dearie's side, he wasn't simply going to redo the process that the DOJ had undertaken. In his mind, he was looking for an objection from the Trump Team that would 'justify' the need of a special masters to begin with(the DOJ's argument precisely to Judge Cannon). We later got a filing from the Trump Team that signaled what to me was apparent: It would be easier to contest individual items after being itemized, than the whole.(And I theorize that this is because the Trump Team has not been fully briefed by Donald Trump on ALL of the documents.)

Basically, file it in various separate piles and then claim according to their view on the individual paper or folder. The need to specify what they're going to claim is the reason they were unwilling to do that with Mr. Dearie, but during the criminal trial proper.

 

Well, if Dearie can manage to do his job, according to the Judge's orders, earlier then what's the problem? The only thing I see in his way is manpower helping him. It's unreasonable to expect him to be able to hire as many helpers as he wants at Trump's expense.

 

If you are suing to block the evidence from the DOJ after the executed search warrant, you need to make certain claims. In his first petition, Trump made a number of claims ranging from the 2020 election stolen to FBI-planted evidence to the claim that the documents are his, aka declassification, to other arguments. They even made the argument that it was a "storage dispute" in their petition to Judge Dearie. Hence why the Judge is asking those questions. But in Judge Cannon's original decision, as weird as the thinking was, she opted for the special master to make those determinations and recommendations, before she decides.

The need for the special master was already justified by Judge Cannon. She was the one, based on Trump's insistence for "due process" requested it. The DOJ objected but acquiesced when Judge Dearie was going to be selected. Now Judge Dearie, needing to determine which documents go to Trump and which go to the DOJ is asking the petitioner, Trump, to make its claim based on their previous arguments on the original petition. Now that the special master has to determine who gets what, he needs arguments from both sides of the petition. The DOJ has already made theirs as the respondents. Trump, the plaintiff has to prove their claim in said petition. Otherwise, all Judge Dearie will do is the state all government documents, including the love letters by Kim Jung Un to Trump, go to the government, some of the personal items go to the government to show cause, and the rest will go to Trump. And that is not what Trump wants at all. Not from the very beginning of this whole process.

But the irony is none of this is challenging the actual Search Warrant and its validity. In fact, Trump is refusing to make such claims, either way, hoping it will delay the process. It won't. And this special master that Trump wanted, to begin with, is not turning out the way he hoped.
'

 

Trump is already paying for the special master at his expense since he is the petitioner and the DOJ did not want this to begin with. Trump attempted to negotiate with the DOJ to have both pay half and half, but the DOJ rightfully refused. Not paying for the staff is simply a delay tactic by Trump with no legal basis.

 

I don't know if Trump made these claims in petition. After all, other people were bragging on PF, on this very point that Trump's bloviating in the media is not the same thing as making an actual claim. So now, I'm confused. Did Trump make claims regarding the so-called alleged planting of evidence in court, or not? I read the direct line from Judge Cannon where she wrote specifically that the issue of privilege was to be set aside for later. And we later turned from the Trump Team in response to Dearie that they were unwilling to assert such an argument at this time. Given this, clearly the argument surrounding for example 'executive privilege' is not relevant at the moment.

You're right that none of this challenges the warrant and its validity, honestly we have reached a point even seeing the difficulties pertaining to this case where I don't think there's a check on the DOJ. I really don't. That check used to be the judiciary, but through the legal reasoning pertaining to this case alone, we see just how strongly attached at the hip the judiciary is to the DOJ and the DOJ views it the same way.

And this matters beyond Trump. I don't see the title 'US Presidency' with the same prestige again. The President is a political puppet, at the whims of Congress as well as potentially to the whims of his own appointees in the West Wing. So it could be Biden now, or it could be anybody, who cares. It's much more important to have a healthy Congress than a President.

 

I'm pretty sure I implied that Trump was paying the tab for the Special Master, which would include his staff. Nevertheless, that shouldn't translate into picking Trump's pocket for all he can. If Dearie thought the task was too much for him to reasonably complete without an army of helpers then maybe he should have declined the job.

 

There is a deadline of November 30 for this to be done, so some staff is expected. Trump is just a person who does not like to pay his bills in full no matter what the circumstances are.

 

It's not the person, but the institution of the Office of the Presidency that is at stake. But Trump brings this upon himself, no one else. And this is no different.

The executive privledge is something that Trump has argued publicly and one of the reasons why he asked for a special master in his suit. so yeah, its relevant and he is using that philosophy for all its worth, for better or for worse, in any lawsuit involving his presidency.

 

I suppose if you're just going to deflect from addressing my points then there's no point in either of us wasting our time anymore.

 

It actually goes to your point.

 

DOJ appealed to 11th Circuit again. It’s difficult to make sense out of what Cannon is doing because she’s apparently ignoring the court. Her order before the latest one wasn’t what everyone thought it was, compliance with the 11th on classified material. The new one appears as if she’s fired Dearie without firing him and will do review herself. Hence, the second appeal.

It doesn’t appear like her tenure on the bench will be a long one.

 

I don't know about that, but hopefully her tenure on this case will be a short one...

https://www.business-standard.com/a...oved-from-mar-a-lago-case-122100200014_1.html

Hard to butcher a case more than Loose Cannon did here...

 

Good God. You appoint a "special master" and then interfere with him doing his job?

 

This is even MORE logical...

SNIP
Former President Donald Trump is petitioning the Supreme Court to overturn a court ruling granting the Department of Justice access to classified documents seized from his Mar-a-Lago residence.

Trump filed an emergency request with the court on Tuesday, arguing that the 11th Circuit Court didn’t have the authority to reverse a restraining order barring the DOJ from reviewing a trove of classified documents Trump allegedly retained unlawfully after his departure from the presidency.
ENDSNIP

https://www.yahoo.com/entertainment/trump-tries-supreme-court-bail-201323074.html

Sooooooo, why would the Supreme Court have the authority to reverse the 11th Circuit if the 11th Circuit doesn't have the authority to reverse the 11th District Judge???

I hope the SCOTUS reviews the 11th ruling, giving Loose Cannon a judicial enema before passing on this...

 

I suspect that the SCOTUS won't review it.

 

I suspect you are correct

Or, if they do review it, they won't overturn the 11th AND take their sweet time about it so the DOJ can get the indictment completed first...

 

Yes. It's very "dangerous" to ask parties address arguments that they've made. *rolling eyes*

Ridiculous.

 

And the DOJ won. Humpty does not get to delay as he wanted.

Link.

Nice.

 

~ FBI and DOJ are tripping over each other in a panic as their unlawful biased abuse of authority is exposed.
Yet another Mueller moment ...

~ Judge Cannon is the Court ...