Trump probe: Court halts Mar-a-Lago special master review

[Lycanthrope]

Where’d your degree come from, counselor?

TRUMP U!

 

[Ikari]

Trump probe: Court halts Mar-a-Lago special master review

A federal appeals court has halted an independent review of documents seized from former President Donald Trump’s Florida estate, removing a hurdle the Justice Department said had delayed its criminal investigation into the retention of top-secret government information.

apnews.com

We told you this was gonna be the outcome.

In other news bill barr was correct and saying this was a speed bump and wouldn't delay things.

Trump wanted to be special and he is not. We are not a banana republic where you can judge shop like trump did.

Which is amusing if you reflect on the fact that during Obama people claimed he was turning this nation Into one..then they voted for this turd.

Sedition supporters are going to be upset.

 

[beefheart]

“It is indeed extraordinary for a warrant to be executed at the home of a former president — but not in a way that affects our legal analysis or otherwise gives the judiciary license to interfere in an ongoing investigation,” the judges wrote.​

This is bullshit.

Courts interfere in ongoing investigations all the time.

“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,” the judges wrote.​

More bullshit.

The Special Master isn't blocking an investigation. The Special Master's only job is to separate personal items from the mass of stuff the FBI removed from the house.

I predict this will be resolved by the Supremes.

Petulant whining.

Hey, are you gonna present your proof that Trump actually beat Biden, we are waiting...

 

[MTAtech]

“It is indeed extraordinary for a warrant to be executed at the home of a former president — but not in a way that affects our legal analysis or otherwise gives the judiciary license to interfere in an ongoing investigation,” the judges wrote.​

This is bullshit.

Courts interfere in ongoing investigations all the time.

“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,” the judges wrote.​

More bullshit.

The Special Master isn't blocking an investigation. The Special Master's only job is to separate personal items from the mass of stuff the FBI removed from the house.

I predict this will be resolved by the Supremes.

Your bullshit claim is bullshit itself.

Nobody else who gets a warrant executed against them gets a judge to appoint a special master. In the real world, if the government has documents the defense thinks are prejudicial, they make the argument to the trial judge to exclude evidence.

 

[Plasmaball]

There's still the GA special election in which the werewolf is going to get his silver bullet.

I would not be surprised to see DoJ go into action the week after Sen. Warnock is reelected.

It might be the best holiday season for the good guys since Covid struck Trump down.

I'd be amazed if they did something before Xmas

 

[Plasmaball]

Maybe, maybe not. They may simply not grant cert.

I don't know about court things but I'm assuming this is like Graham and they just issue it as procedure

 

[Plasmaball]

Maybe, maybe not. First Trump would have to get a stay, would he not?

He will try and the delay won't last long anyways.

Everyone sees the writing on the wall here..

 

[BlueTex]

Maybe, maybe not. First Trump would have to get a stay, would he not?

Yep and there will be no stay from the district court or the appeals court..

 

[Tangmo]

“It is indeed extraordinary for a warrant to be executed at the home of a former president — but not in a way that affects our legal analysis or otherwise gives the judiciary license to interfere in an ongoing investigation,” the judges wrote.​

This is bullshit.

Courts interfere in ongoing investigations all the time.

“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,” the judges wrote.​

More bullshit.

The Special Master isn't blocking an investigation. The Special Master's only job is to separate personal items from the mass of stuff the FBI removed from the house.

I predict this will be resolved by the Supremes.

MAGA has lost its initiative and momentum.

Scotus can initiate its rulings yet all that does as in its abortion ruling is initiate and expand the already high public contempt of the court. Scotus is going to aggravate public contempt for it in its expected ruling after ruling.

Trump and MAGA have been slapped down in this midterm to include denying 'em the expected Red Wave that occurs historically in virtually each first midterm of an incumbent Potus.

MAGA failed to get control of state elections offices in the swing states to include AZ. GA elections officials to include Gov. Kemp are more like AZ Republicans such as John McCain and the AZ former governor who congratulated Gov. Elect Hobbs, Jan Brewer, and the outgoing incumbent Gov. Doug Ducy who congratulated Hobbs. Gov. Elect Hobbs accepted cheerfully their transition assistance and to keep AZ moving forward during Hobbs term(s).

Instead of attack, attack, attack, all Trump and MAGA are doing now is deny, deflect, duck and punt. You and all your guyz are on their back foot now to include especially the Armband Republican thin majority in the House where they've proven already the Armband Republican Party hasn't any interest or ability in governing. The House over the next two years will focus Americans in neon lights that all you want is power and your unending passion to abuse it.

The tide has turned.

 

[Tangmo]

I'd be amazed if they did something before Xmas

I'm not predicting.

I'm not denying either.

I'm pointing out the midterm voting concludes this coming Tuesday the 6th and not before. So someone saying today after the midterms as if the voting had concluded already is still premature. To me, those saying after the midterms implies before the end of the year, whereas if they were saying after the first of the year that would sound settled and certain instead. Which is why I'd say before the big holidays that are back to back. Trump would get it up his backside which I think is what everyone over here would like to have occur.

Happy Holidays Donald!

 

[Somerville]

Marcy Wheeler on her emptywheel.net website has some interesting comments on the decision today, followed by posts from a few people who come across as knowledgeable in regard to legal matters.

Plaintiff’s alternative framing of his grievance is that he needs a special master and an injunction to protect documents that he designated as personal under the Presidential Records Act. But as we have said, the status of a document as personal or presidential does not alter the authority of the government to seize it under a warrant supported by probable cause; search warrants authorize the seizure of personal records as a matter of course. The Department of Justice has the documents because they were seized with a search warrant, not because of their status under the Presidential Records Act.

"Plaintiff’s alternative framing of his grievance is that he needs a special master and an injunction to protect documents that he designated as personal under the Presidential Records Act. But as we have said, the status of a document as personal or presidential does not alter the authority of the government to seize it under a warrant supported by probable cause; search warrants authorize the seizure of personal records as a matter of course. The Department of Justice has the documents because they were seized with a search warrant, not because of their status under the Presidential Records Act."

here's one post

Amicus says:
December 1, 2022 at 6:50 pm
I think the money line comes towards the very end on page twenty.
“It is indeed extraordinary for a warrant to be executed at the home of a former president – but not in a way that affects our legal analysis or otherwise gives the judiciary license to interfere in an ongoing investigation.”
When you read that sentence in light of the court’s recitation of the facts it is an astonishing rebuke. The court is effectively saying: “Yes, the Department of Justice is investigating your property, and quite likely your conduct, in connection with the commission of very serious criminal wrongdoing and we find that astonishing. But you brought this on yourself, and they have every right to do so, and we – the judiciary – will not protect you from that. You reap what you have sown.”
The other more hopeful takeaway is that this decision puts the stake through whatever ambitions Judge Cannon may have for higher judicial office.

For those interested in a bit of legal punditry on multiple subjects, I do recommend emptywheel.net

 

[Chomsky]

MAGA has lost its initiative and momentum.

Scotus can initiate its rulings yet all that does as in its abortion ruling is initiate and expand the already high public contempt of the court. Scotus is going to aggravate public contempt for it in its expected ruling after ruling.

Trump and MAGA have been slapped down in this midterm to include denying 'em the expected Red Wave that occurs historically in virtually each first midterm of an incumbent Potus.

MAGA failed to get control of state elections offices in the swing states to include AZ. GA elections officials to include Gov. Kemp are more like AZ Republicans such as John McCain and the AZ former governor who congratulated Gov. Elect Hobbs, Jan Brewer, and the outgoing incumbent Gov. Doug Ducy who congratulated Hobbs. Gov. Elect Hobbs accepted cheerfully their transition assistance and to keep AZ moving forward during Hobbs term(s).

Instead of attack, attack, attack, all Trump and MAGA are doing now is deny, deflect, duck and punt. You and all your guyz are on their back foot now to include especially the Armband Republican thin majority in the House where they've proven already the Armband Republican Party hasn't any interest or ability in governing. The House over the next two years will focus Americans in neon lights that all you want is power and your unending passion to abuse it.

The tide has turned.

I took a look at the GOP House agenda as promoted by McCarthy recently, and quite honestly besides a proposed border bill, I didn't see anything there but dozens of political witch-hunts. There was a laundry list of investigations, long & detailed, but there was no proposed legislation that I saw. So, I'm not sure what's going-on here, nor what their constituents signed-on for.

 

[CharloTexan]

“It is indeed extraordinary for a warrant to be executed at the home of a former president — but not in a way that affects our legal analysis or otherwise gives the judiciary license to interfere in an ongoing investigation,” the judges wrote.​

This is bullshit.

Courts interfere in ongoing investigations all the time.

“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,” the judges wrote.​

More bullshit.

The Special Master isn't blocking an investigation. The Special Master's only job is to separate personal items from the mass of stuff the FBI removed from the house.

I predict this will be resolved by the Supremes.

Trump had the opportunity over several months to separate out personal items from the documents belonging to The People. He failed by his own choice.

 

[MTAtech]

I took a look at the GOP House agenda as promoted by McCarthy recently, and quite honestly besides a proposed border bill, I didn't see anything there but dozens of political witch-hunts. There was a laundry list of investigations, long & detailed, but there was no proposed legislation that I saw. So, I'm not sure what's going-on here, nor what their constituents signed-on for.

Well, McCarthy is just doing what Republicans were elected to do. Don’t you remember Republicans campaigning on Hunter Biden and investigations and not inflation and crime? Me neither.

 

[soap box]

MAGA has lost its initiative and momentum.

Scotus can initiate its rulings yet all that does as in its abortion ruling is initiate and expand the already high public contempt of the court. Scotus is going to aggravate public contempt for it in its expected ruling after ruling.

Trump and MAGA have been slapped down in this midterm to include denying 'em the expected Red Wave that occurs historically in virtually each first midterm of an incumbent Potus.

MAGA failed to get control of state elections offices in the swing states to include AZ. GA elections officials to include Gov. Kemp are more like AZ Republicans such as John McCain and the AZ former governor who congratulated Gov. Elect Hobbs, Jan Brewer, and the outgoing incumbent Gov. Doug Ducy who congratulated Hobbs. Gov. Elect Hobbs accepted cheerfully their transition assistance and to keep AZ moving forward during Hobbs term(s).

Instead of attack, attack, attack, all Trump and MAGA are doing now is deny, deflect, duck and punt. You and all your guyz are on their back foot now to include especially the Armband Republican thin majority in the House where they've proven already the Armband Republican Party hasn't any interest or ability in governing. The House over the next two years will focus Americans in neon lights that all you want is power and your unending passion to abuse it.

The tide has turned.

I appreciate your post, I've seen the same trends. While your pov is the national issues, I'm seeing big anecdotal changes in ordinary neighbors, friends and coworkers. When I told one neighbor that trump announced he would run again his reply was almost ' whhaaaaat ? No way ! He thought I was joking, and he had a trump flag on his house..... until about January 10th ' 21.

 

[MTAtech]

Trump had the opportunity over several months to separate out personal items from the documents belonging to The People. He failed by his own choice.

You are giving the Orange Man too much credit. To this day, he asserts that the documents are his.

 

[Chomsky]

Marcy Wheeler on her emptywheel.net website has some interesting comments on the decision today, followed by posts from a few people who come across as knowledgeable in regard to legal matters.



here's one post


For those interested in a bit of legal punditry on multiple subjects, I do recommend emptywheel.net

I haven't hit Empty Wheel yet, but I'm of two minds on that site:

Yes, you are right - the comment section can be as interesting & informative as the blog itself! Maybe even more-so! The analysis is always interesting as hell, and delves deep into the law, both by scribes & public commenters!

But the partisanship is so extremely high that the theories can run outta' sight! As they did with Mueller.

That being said, it's a site I very much enjoy. Marcy's life-story, and that of her vocation and blog, is pretty interesting in itself.

 

[CaughtInThe]

MAGA has lost its initiatie and momentum

I wonder what they'll rebrand themselves to next time. We've already had the religious right and the contract with america and the Tea Party and Q and maga.

 

[Tangmo]

Marcy Wheeler on her emptywheel.net website has some interesting comments on the decision today, followed by posts from a few people who come across as knowledgeable in regard to legal matters.

here's one post

For those interested in a bit of legal punditry on multiple subjects, I do recommend emptywheel.net

Seconded.

I've been reading emptywheel.net for a couple of years now because Marcy Wheeler is absolutely clear and lucid.

Highly recommended to fellow posters, yes.

 

[Chomsky]

Well, McCarthy is just doing what Republicans were elected to do. Don’t you remember Republicans campaigning on Hunter Biden and investigations and not inflation and crime? Me neither.

When the GOP eschewed a party platform at the nomination convention for Trump's 2020 campaign, in my mind they ceased being a political party and instead became a Trump support apparatus.

Who ever heard of a political party without a platform? Has there ever been one? If so, I'm not aware.

And now they're the new House majority, kicking-off the new Congress without a legislative agenda? When has that happened?

But you know what? That's obviously what their constituents want - because they very happily put them in office! So in the end, it's the constituents that seem to be the problem

 

[Chomsky]

I appreciate your post, I've seen the same trends. While your pov is the national issues, I'm seeing big anecdotal changes in ordinary neighbors, friends and coworkers. When I told one neighbor that trump announced he would run again his reply was almost ' whhaaaaat ? No way ! He thought I was joking, and he had a trump flag on his house..... until about January 10th ' 21.

Haha! He doesn't sound like too bad of a neighbor, then. Better than our neighborhood Trump supporter, who never took his sign down!

 

[anatta]

What's extraordinary is a president who has been bending and violating our countries laws since he was elected. Taking 24,000 +- documents, many classified from the WH is extraordinary. Which calls for an extraordinary response from LE.

You do realize that if Trump had given back what he had taken, after being asked nicely several times, they would have dropped the whole thing. The Donald thought it would be OK to play chicken with the DOJ. He lost.

giving back the documents nullifies the Espionage Act violations? how?
If Trump were intent (and intent is needed) to use the documents for such -wouldn't it make sense he would have made copies?
Digital records?
Espionage is an act to leverage against the US or to promote foreign nations interests in a manner to damage the USA
It's not like a FARA violation -a failure to disclose -it's a serious willful act

If it wasnt about Espionage, why is this cited as such on the search ?


None of this makes sense, unless it's just Garland over-charging so he could seize even atty privledge records.
Garland makes wild accusations in the warrant, gets a hold of basically anything the FBI could pilfer
and then hands it off to a Special Counsel who can use the docs to build any kind of case he wants to constructand
I bet anyone on this board any indictments Smith comes up with are NOT Espionage ( not even gross negligence can be used now)

It's a shell game ,and Garland is gaslighting the original judge with this Espionage crap, then Smith gets anythng he wants because of the search , and knowing Smith will fabricate a bunch of stuff - a la' Weissmann and the rest of those sick freaks

 

[Tangmo]

I wonder what they'll rebrand themselves to next time. We've already had the religious right and the contract with america and the Tea Party and Q and maga.

After Trump made them loud and proud since 2015 they can call themselves The Traitors.

It's that boldly clear and obvious anyway, not to mention their brazen shamelessness about it.

The PutinTrumpRowers that they've always been and continue to be. It anyway was never going to end well for 'em given it's what they are from the getgo.

 

[Chomsky]

Seconded.

I've been reading emptywheel.net for a couple of years now because Marcy Wheeler is absolutely clear and lucid.

Highly recommended to fellow posters, yes.

It's a great read.

But the whole crowd is so high-strung over-the-trop unified partisan, that the amount of self-re-enforcement scares the hell out of me! I'd like it better if they had more opposing checks on their run-away thoughts, because I saw the rabbit-holes they took themselves down - collectively - with Mueller. Yes, they went deep - very deep! Truth Social deep - but without the Q-Anon!

--

Can't wait to see what they're doing these days. Despite my caution & concerns with them, I do enjoy the theories & analysis. Very much so, actually.

 

[anatta]

This is lawfare to the extreme even for Dems. It all started with the Russian collusion hoax during the campaign
and that was initiated by Hillary and fed back to the FBI by Ohr and what's his name that just got off for lying to the FBI

The counterintelligence investigation damaged US/Russian relations ( where Tump and Putin should have been able to negotiate) and damaged his presidency by getting rid of Flynn, and causing chaos in the presidential staffing

Recall the recent article on WAPO that the FBI said Trump took the stuff as momentos, not for personal gain or Espionage
Depite ALL THIS -Garland swoops in with yet more execution of lawfare with the SC .

The SC can start from scratch and make any kind of charges he wants/ "show me the man and i'll show you the crime"
because he's got all kinds of records, I imagine he'll trump up some 1/6 charges

Even if you despise Trump one should be concerned with using SC and search warrants for lawfare on anyone