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Judge Cannon overrules Special Master to once again protect Trump

NWRatCon

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I guess I should have read Trump's sloppy original motion first. I'm sure it was a peach of a pleading.
And I take it the overarching, or central claim is that everything seized that is either personal, attorney client privileged material, or subject to the faux post presidential term executive privilege, should be returned to him?
Here's the original claim that Judge Cannon relied on. See if YOU can make sense of it. ;) (They didn't even state a basis for the Motion.)

Rule 8. General Rules of Pleading

(a) Claim for Relief. A pleading that states a claim for relief must contain:
(1) a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;
(2) a short and plain statement of the claim showing that the pleader is entitled to relief; and
(3) a demand for the relief sought, which may include relief in the alternative or different types of relief.
 
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tres borrachos

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Here's the thing: getting a law degree, even graduating high in your class, doesn't make one a good lawyer, or a competent judge. It means you were a good law student. It's a completely different set of skills.

She was born in Colombia. Her mother was a refugee from Colombia and brought her to this country (I guess back in the day that refugees from South America were welcome in Florida and not shipped all over the place by their governor). If Turtle Dude was still posting here, he would let us know that Cannon was an Affirmative Action pick, satisfying some arbitrary requirements.
 

Buckeyes85

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Here's the original claim that Judge Cannon relied on. See if YOU can make sense of it. ;) (They didn't even state a basis for the Motion.)

Rule 8. General Rules of Pleading

(a) Claim for Relief. A pleading that states a claim for relief must contain:
(1) a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;
(2) a short and plain statement of the claim showing that the pleader is entitled to relief; and
(3) a demand for the relief sought, which may include relief in the alternative or different types of relief.
I must be getting as demented as Joe Biden in that once I looked at it, I remembered that I had read (at least parts of it). I think I only skimmed thru it given it was an incoherent whine fest about how picked on poor Donald Trump has been. But no, I cannot make sense of it either.

Really looking forward to the date when Trump is actually indicted- and he will truly have to put up or shut up. I think he has to be charged at least on the obstruction issue. As to the rest, I'm happy to just wait and see.
 

NWRatCon

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I must be getting as demented as Joe Biden in that once I looked at it, I remembered that I had read (at least parts of it). I think I only skimmed thru it given it was an incoherent whine fest about how picked on poor Donald Trump has been. But no, I cannot make sense of it either.

Really looking forward to the date when Trump is actually indicted- and he will truly have to put up or shut up. I think he has to be charged at least on the obstruction issue. As to the rest, I'm happy to just wait and see.
Trusty is apparently from the "If you can't dazzle them with brilliance, baffle them with bullshit" school of law. (It apparently worked on Judge Cannon.)
 
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ColdHardTruth

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A longtime member of the Federalist Society? Say it ain’t so.

Again, more evidence that the Federalist Society needs to have no influence in politics. All members of the Federalist Society must be banned from public office.
 

ColdHardTruth

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I agree that Cannon should not have intervened, and lacks jurisdiction to do so on this issue. And her appointing order was ambiguous.

But I do question Drearie's instruction that Trump has to back up his un plead claim of planted evidence. How does that impact/affect his review for attorney client privilege and/or the non existent executive privilege? Not as if he would not bother reviewing the documents Trump claims to have been planted.

Then again, we go back to the central issue you raised in that a special master should never have been appointed in the first place, and how is a special master to review documents for a privilege that has never been recognized by any court? It harkens back to Justice Potter Stewart's silly comment trying to identify pornography as "I know it when I see it."

It needs to be appealed and then she needs to be removed from the case.
 

Buckeyes85

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It needs to be appealed and then she needs to be removed from the case.
I don't think her order is worth appealing.
Sooner or later, Trump will have to produce evidence to support both of his ridiculous arguments/defenses that 1) he declassified everything and 2) the FBI planted evidence. When he can't he'll have to drop that silliness. Of course, he will continue claiming it in public and his adoring fans will believe him.
 

NWRatCon

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The object was to delay judgment day until after the 2022 midterms (or 2024, if he can manage that). Until the indictments are handed up, these skirmishes don't matter a lot. DoJ got their 100 documents to pursue the investigation and prosecution.
 

ColdHardTruth

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I don't think her order is worth appealing.
Sooner or later, Trump will have to produce evidence to support both of his ridiculous arguments/defenses that 1) he declassified everything and 2) the FBI planted evidence. When he can't he'll have to drop that silliness. Of course, he will continue claiming it in public and his adoring fans will believe him.

I still think it's a good idea to remove Cannon from the case. She is trump-owned and that is a conflict of interest.
 

WorldWatcher

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The object was to delay judgment day until after the 2022 midterms (or 2024, if he can manage that). Until the indictments are handed up, these skirmishes don't matter a lot. DoJ got their 100 documents to pursue the investigation and prosecution.

He wants to delay:
  • Until after the mid-terms,
  • After which he will announce his run for 2024.

That way he can whine about a criminal investigation of a presidential candidate.

(Even though the investigation started before he announced his run.)

WW
 

RaleBulgarian

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Again, more evidence that the Federalist Society needs to have no influence in politics. All members of the Federalist Society must be banned from public office.
I don’t think banning Federalist Society members from office is the solution. Next, it’s the ACLU, and on and in. Tit for tat.
 

independentusa

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He wants to delay:
  • Until after the mid-terms,
  • After which he will announce his run for 2024.

That way he can whine about a criminal investigation of a presidential candidate.

(Even though the investigation started before he announced his run.)

WW
Actually, I think he is hoping that the Legislature controlled by the GOP will defund any attempt to indict him.
 

Buckeyes85

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I still think it's a good idea to remove Cannon from the case. She is trump-owned and that is a conflict of interest.
Simply stated, that is not going to happen.
And you need to keep in mind, Judge Cannon's role here is limited to the appointment of the special master, and the document review. If/when Trump is indicted, the DOJ will choose where they file the criminal charges and Cannon is not going to preside over that. Essentially all Judge Cannon has done via her erratic rulings is to slow the process down. Nothing more.
 

post

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Link to archived image of the WaPo article you linked to, https://archive.ph/uvB9Y

"...Hired in late August with an upfront retainer, which people familiar with the matter said was paid by Trump’s Save America PAC, Kise told others he wanted to de-escalate the Trump team’s pugilistic approach to federal prosecutors, according to three people familiar with his comments..."

The fund raising fraud is a whole 'nuther felony under investigation.



 
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NWRatCon

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Link to archived image of the WaPo article you linked to, https://archive.ph/uvB9Y

"...Hired in late August with an upfront retainer, which people familiar with the matter said was paid by Trump’s Save America PAC, Kise told others he wanted to de-escalate the Trump team’s pugilistic approach to federal prosecutors, according to three people familiar with his comments..."
Thanks, I usually cite the reference directly and note if it is subscription. Ooops.
 

ColdHardTruth

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Simply stated, that is not going to happen.
And you need to keep in mind, Judge Cannon's role here is limited to the appointment of the special master, and the document review. If/when Trump is indicted, the DOJ will choose where they file the criminal charges and Cannon is not going to preside over that. Essentially all Judge Cannon has done via her erratic rulings is to slow the process down. Nothing more.

Maybe not. It's a grievous miscarriage of justice for anybody owned by trump to be overseeing cases he's involved in.
 

Galactic Spin

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Cannon knows what she has done: She has sabotaged the Special Master review.
 

post

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Simply stated, that is not going to happen.
And you need to keep in mind, Judge Cannon's role here is limited to the appointment of the special master, and the document review. If/when Trump is indicted, the DOJ will choose where they file the criminal charges and Cannon is not going to preside over that. Essentially all Judge Cannon has done via her erratic rulings is to slow the process down. Nothing more.
DOJ, "isn't having it..."


The motions panel concluded that Plaintiff’s uncontested failure to make a showing as to the first factor set forth in Richey “is reason enough to conclude that the district court abused its discretion in exercising equitable jurisdiction here.” Trump, 2022 WL 4366684, at *7.
Although the panel’s determination related specifically to the documents bearing classification markings, its reasoning arguably applies more broadly. If this Court agrees that the district court lacked jurisdiction, further proceedings before the special master and district court would end.
Alternatively, if this Court upholds the district court’s exercise of jurisdiction but concludes that Plaintiff cannot assert executive privilege against the Executive Branch in these circumstances, as the government maintains, such a ruling would substantially narrow the special master proceedings.
Absent such resolution by this Court, the special master proceedings could result in prolonged litigation, including through seriatim appeals to the district court from reports and recommendations and other rulings issued by the special master. See D.E. 91 at 6 (parties may contest any “scheduling plans, orders, reports, or recommendations” issued by the special master).
...and,
Finally, an expedited appeal would serve the interests of justice. Based on the district court’s orders thus far, the government is barred from accessing all of the materials except those with classification markings recovered in August pursuant to a lawful search warrant—and it may continue to be barred from doing so until mid-December or later.
To be sure, the government sought a partial stay of the district court’s September 5 order only as it pertained to records bearing classification markings because those aspects of the order caused the most serious and immediate harm to the government and the public. And the motions panel agreed that the injunction against government and the public. And the motions panel agreed that the injunction against the government’s review and use of those records for criminal investigative purposes “risks imposing real and significant harm on the United States and the public.” Trump, 2022 WL 4366684, at *11. Even if not to the same degree, such harms persist with respect to the district court’s injunction against the government’s review and use of thousands of remaining documents and other materials that were recovered pursuant to a court-authorized search and may constitute evidence of crimes.
The government is thus unable to examine records that were commingled with materials bearing classification markings, including records that may shed light on, for example, how the materials bearing classification markings were transferred to Plaintiff’s residence, how they were stored, and who may have accessed them. The records not marked as classified may also constitute evidence of potential violations of 18 U.S.C. § 1519 (obstruction) and 18 U.S.C. § 2071 (concealment or removal of government records).
In short, an expedited schedule for briefing and argument may enable the government, if it is successful in this appeal, to more quickly resume its full investigation without restraints on its review and use of evidence seized pursuant to a lawful search warrant.
Ending with,

1664632955013.png
 
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NWRatCon

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DOJ, "isn't having it..."
I'm glad they've done this. It's about time that the courts put an end to this chicanery.

Given the breadth and decisiveness of the prior 11th Circuit Order, these matters have already been litigated and the delay tactics need to end. The issues are not complicated, and have already been largely decided.

I am of the opinion that the DoJ filings in this matter would make a good seminar on pleading drafting (and the Trump pleadings on "what not to do"). Truly textbook.
 

ColdHardTruth

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I'm glad they've done this. It's about time that the courts put an end to this chicanery.

Given the breadth and decisiveness of the prior 11th Circuit Order, these matters have already been litigated and the delay tactics need to end. The issues are not complicated, and have already been largely decided.

I am of the opinion that the DoJ filings in this matter would make a good seminar on pleading drafting (and the Trump pleadings on "what not to do"). Truly textbook.

It appears that the DOJ is appealing again:


I am surprised they haven't asked for Cannon to be removed from the case.
 

tacomancer

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ColdHardTruth

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What’s interesting is that they are asking for Nov11, which is right after the elections.

It seems the DOJ is ready to get this done.

Yes, they are.

They want Trump dealt with and the timing suggests they are going after Trump before he can run for office in 2024. With the evidence they have, Trump is going to prison. Judge Cannon is getting disbarred.
 
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