U.S. District Judge from the Southern District of Florida, Aileen M. Cannon, has ordered a special master to “review the seized property, manage assertions of privilege and make recommendations thereon, and evaluate claims for return of property,” related to the FBI raid on Donald Trump’s Mar-a-Lago estate. [pdf Ruling Here]
There are interesting aspects outlined within the 24-page ruling that deconstruct the position of the Dept of Justice and media, including a footnote [fn5] stating Trump lawyers asked for a special master appointment on the morning after the raid.
Within the ruling [pg 9] Judge Cannon outlines the issues at the heart of the legal matter, including the government taking President Trump’s personal medical records which has nothing to do with the nature of the warrant.
“According to the Privilege Review Team’s Report, the seized materials include medical documents, correspondence related to taxes, and accounting information. … The Government also has acknowledged that it seized some “[p]ersonal effects without evidentiary value” and, by its own estimation, upwards of 500 pages of material potentially subject to attorney-client privilege.”
The DOJ was previously questioned in court about justice dept leaks to media creating an unfair and prejudicial bias against President Trump. The DOJ lawyers denied leaking yet admitted the media reports were evidence that someone within the organization was leaking information to the media, thereby creating a framework of public opinion the defendant cannot easily refute. Cannon writes:
“the Court takes into account the undeniably unprecedented nature of the search of a former President’s residence; Plaintiff’s inability to examine the seized materials in formulating his arguments to date; Plaintiff’s stated reliance on the customary cooperation between former and incumbent administrations regarding the ownership and exchange of documents; the power imbalance between the parties; the importance of maintaining institutional trust; and the interest in ensuring the integrity of an orderly process amidst swirling allegations of bias and media leaks.”
Judge Cannon also cited examples of the DOJ review team failing in their duty to separate attorney-client privilege material.
In appointing the special master, Judge Cannon pauses the government from continuing to exploit the documents seized, writing, “Furthermore, in natural conjunction with that appointment, and consistent with the value and sequence of special master procedures, the Court also temporarily enjoins the Government from reviewing and using the seized materials for investigative purposes pending completion of the special master’s review or further Court order.” The order, though, “shall not impede the classification review and/or intelligence assessment by the Office of the Director of National Intelligence (“ODNI”) as described in the Government’s Notice of Receipt of Preliminary Order.”
What the opposition is saying… 😉
What It Means That Trump Will Get a ‘Special Master’: QuickTake
By Zoe Tillman
5 Sep 2022
https://news.bloomberglaw.com/us-law-week/what-to-know-about-trump-push-for-a-special-master-quicktake
Trump Wins Bid for ‘Special Master’ for Mar-a-Lago Records
By Erik Larson
5 Sep 2022
https://news.bloomberglaw.com/us-law-week/trump-wins-bid-for-special-master-in-mar-a-lago-records-review
There is also an article that Delusional Joe is moving an attorney from Main “Justice” to U.S. Attorney for Mississippi’s Southern District, said to be an unusual move.
What shenanigans are they attempting to pull there, or has already been pulled? Anyone know? Sounds to me like coverup mode.
For any Dept of Injustice “attorney” (none of them are worthy of being named such) who’s been used to wining and dining in DC to be banished to red state Mississippi…
…smells to me like quite a serious slap on the hand. Sushi difficult to find. Walmart? Oh the horror!!
For decades Butte Montana was the FBI’s preferred hell-hole for agent f=ups.
Many years ago my brother was in a relationship with his boss and and she caught him dallying with her secretary. He got banished to Bozeman, Montana. He lasted less than 90 days and quit.
Bozeman is beautiful.
been there loved it.
I suggest Adaik (not sure of the spelling) island off the coast of Alaska. My nephew was once stationed there.
I hope when Trump becomes POTUS again he will relocate FBI HQ to the Alaskan tundra. No offense Alaska.
Guantanamo would be my choice.
Be specific, Barter Island would be nice.
Gallop, New Mexico, Indian Reservations are the worst.
Ever been to Browning, Montana?
Bumping shopping carts with Deplorables and worse that cheap Chinese schlock and sketchy tainted food.
There is a drinking water issue in Mississippi. I think it’s centered around Jackson.
Team Biden* may be setting something up to intervene. What lessons did they learn from the Flint, MI drinking water issue?
IF they learned any FACTS, they’d never let DemoKKKrat politicians run public utilities anywhere. DemoKKKrat politicians wanted to stick it to Detroit by buying their water elswhere, then failed to run the purification plant neutralizing process that would have rendered the water safe at the cost of a mere $200 a week.
A certain past Minnesota Governor once did a program on liquid gold. He was so very right and now a lot of people are paying attention for the same reasons he stated back then.
Just look at California.
Also, the Bundy Ranch Raid was about water rights more than anything else.
Yep, that is the only thing I see on the immediate horizon, but I was also thinking election matters. Is Mississippi one of their next major steal states and they want someone in place to shut down the election integrity groups. Or to shut down parents who oppose what they are doing in our schools to our children?
With this ruling, can POTUS45 publish these documents (i.e., “The Good Stuff”) for the American people to peruse?
Not yet….but its looking good, especially after President Trump retained great legal counsel in Chris Kise. An “agreed upon” special master must be offered to the court by the Gov’t and Trump NLT the 9th, she, the court, likely approves, and then the special master reviews all docs the FBI took and files a report with the Court. Trump’s team then argues in a new filing that all docs were personal docs, all were declassified or he asserts he had executive privilege: thus relief requested is that all docs should be returned to him (including the 3 articles of personal clothing, likely Melania’s panties), then allowing Trump to file these docs in his RICO case against the Gov’t, Clintons and otheers, and or Trump can also just publish them to let us know of the evidence that shows the DOJ and FBI are corrupt.
What would people think of Dershowitz as the agreed-upon lawyer.
He’s been pretty decent for the last couple years – unless that’s yet another rat-front, you never know…
Likely would not be accepted by Gov’t since Dersh was part of the team that previously represented Trump as President against Dem’s impeachment/removal attempt.
“Let’s go Brandon!”
dirtshitz is a never trumper.
I would not even venture to suggest that he even be considered as a candidate for special master..and for the same reasons (another never trumper), the same view is for Turley.
the issues before the special master at this time relates ONLY to include making a determination about client attorney priviledge. Hopefully, sooner than later, Team Trump Legal will file motion that this special master must also ascertain the fundamental constitutional aspect of EXECUTIVE PRIVILEDGE.
this key argument has so far not produced such a framework for the special master. It remains solely an argument of attorney client privilege. I believe the fundamental legal argument however MUST include BOTH…Whether than means two or more special masters to perform these two determinations or not is speculative, but in general I believe Team Trump Legal must argue sooner than later (before this friday) that the special master scope of responsibilities is to establish a legal determination for both issues:
attorney client privilege
executive privilege.
Dershowitz has mostly been a fair, honest liberal, often straying from Dem orthodoxy. But he appears to have been in Jeffrey Epstein’s orbit. Too risky that someone has the goods on him and makes him “an offer he can’t refuse.”
No! Cannot be trusted.
In my opinion, either a former Supreme Court Justice or a former State Supreme Court Justice will be selected as Trump’s Special Master.
My bet is on former Supreme Court Justice Anthony Kennedy being selected as Trump’s Special Master.
I was thinking Anthony Kennedy, who is now 86, but I do not know his state of mind since he retired in 2018.
Don’t trust Dersh. His judgement while appearing balanced (to sell his books) is tainted by his democrat obsequiousness. He legally compared Hillary’s secret server (the US secrets drop-point in exchange for Clinton foundation donations) to Trump’s documents. Asserting that Hillary had the same ability to declassify docs as Trump as President.
No.
Mike Avenatti???
Lol!
Hahahahahahahahahahahahahahaha…………………………..
Isn’t he President?
I think it should be Jonathan Turley. A lib, not a leftie and a seemingly fair minded one at that. Of course he is a Never Trumper too.
I heard him lust off the dangers Trump is in, scary.
That pedo would be horrible.
Since we’re playing Fantasy Special Master, I pick Turley.
I pick a Libertarian who thinks like Ryan Paul. He will always be fair-minded in my opinion.
One of the articles of clothing was a Presidential raincoat.
It probably had top secret pockets they had to search further.
Since we are playing Fantasy Courtroom here, I submit Judge Judy.
I doubt you could find an unbiased attorney on this planet.
No it isn’t, unless he kept copies for himself. The “good stuff” will get “lost” if ordered returned.
That would explain Christina Bobb’s comment to CannCon (Brian Lupo) at an event shortly after the raid, that “they got this“.
“including a footnote [fn5] stating Trump lawyers asked for a special master appointment on the morning after the raid.“
Like the FBI hasn’t had a good look already.
And will likely go after anyone Ptrsident Trump has done business with.
Exactly. What makes anyone think they will obey the court order? Since when do any US laws matter to them?
Also does anyone believe the feds will be honest and not copy/destroy/plant or otherwise continue with their compliance with their satanic masters.
I’d wager the persons who bundled these files on behalf of Trump’s Admin. set it up.
There are lifer FBI, CIA moles in the White House.
The DOJ/FBI/CIA rigged Russia, Russia,Russia, squandered $40 million of our tax dollars for the Mueller investigation, gave the nod to the tubby traitor Vindman, let Wolfe & Clinesmith skate, lined up 51 mostly CIA former & current clowns to name Hunter’s laptop Russian disinfo., arranged a 2nd impeachment over a fake insurrection?
OF COURSE THE FBI PlANTED SOMETHING!
Easy Pickens, any low ranking glory seeking henchman would plant fake evidence at the upper echelon’s request because the destruction of President Trump is a Kool aid cult with a following as fanatical as the Moslems that stone rape victims,
or acid wash young girls because they are Hindu.
Yeah, as the saying goes, “You can’t put the toothpaste back into the tube”.
BOLO for these names
Heidi Kitrosser
Mark Rozell
Jonathan Shaub
Mitchel Sollenberger
all of whom are promoted to the judge by “Coup Starts Now” Zaid
The only truly “privileged” information is that the corrupt FBI/DOJ were privileged to review and make copies of everything seized in the illegal “panty” raid of Trump’s private residence and property. This is obscenely outrageous and there will be no accountability of any kind for the crimes they have perpetrated on the former president.
Garland will claim that copies are not covered by the court order and DOJ will continue to use the copies.
It allows odni to review so all the corruptocrats joebama operatives and 3 letter agencies will definitely get copies
Since this Judge’s boss is Clarence Thoman I believe the reason she did not make the ruling last week is she sent the copies of both parties to Justice Thomas and they worked on it together. I believe they set a trap by allowing the odni to do her thing. Hopefully our side has learned how dirty the other side plays
What’s next, will the judge order all the flying monkeys be euthanised?
Hope springs eternal.
LOL!
Sundance:
You have an opportunity with information you have posted.
“The DOJ lawyers denied leaking yet admitted the media reports were evidence that someone within the organization was leaking information to the media, thereby creating a framework of public opinion the defendant cannot easily refute.”
The DOJ knows there are leaks.
They know a limited number of people have access to the allegededly “classified” material Trump declassified.
The DOJ, if they were serious about the “classified” status, according to them, would know EXACTLY who has had access to the documents because this would have to be controlled…….and LOGGED.
All of this taken into account…..they should be asked one simple question:
“How long has the DOJ been investigating the DOJ and fbi for leaking information from the raid at Maralago?”
I’m not a betting man. If I were, I’d bet there is no leak investigation being conducted against the DOJ and fbi for the leaks to the media the DOJ ADMITTED IN COURT are happening.
Leaking is a fundamentally dishonest maneuver that should prejudice the government’s case. Instead it seems to be accepted in any proceeding, as long as it is the government leaking.
This is a concrete example of two-tiered justice that should be addressed by the new Congress, assuming it is comprised of patriots!
“Leaking is a fundamentally dishonest maneuver”
Leaking classified information is a felony, even for a United States Attorney or any member of the Justice Department.
Jeff Sessions is looking into those leaks.
When do we think President Trump will release the video of the Feebs “searching” his residence? Late October maybe? It would be awesome if there is video of them setting up that picture they submitted to the magistrate.
Wouldn’t those videos now be a major part of his RICO lawsuit? Didn’t the Feds walk right into the trap like a Wiley Coyote? Surely the videos have sound, so the Feds should be REALLY finding out what kind of crude commentary was used for those HOURS of dirty work.
Yes it would be awesome, but it isn’t necessary. We all know the FBI created the mess purposefully and then photographed it for their press release. It doesn’t take a rocket scientist to figure that out. The Libtards may buy it but they don’t matter anyway as they are a lost cause. Hopelessly stupid, there aren’t any facts or circumstances that will change their willingness to vote Democrat no matter what. They could be reduced to standing in a soup line to prevent themselves from starving or having no choice but to gleefully eat live worms like Nicole Kidman “for the climate”, and they will still say Joe is their Hero. It is doubtful most independent voters buy the FBI’s nonsense about the photo.
“Perhaps most concerning, the Filter Review Team’s Report does not indicate that any steps were taken after these instances of exposure to wall off the two tainted members of the Investigation Team,”
-Judge Cannon
If the judge upholds Trumps claim of executive privilege and it apears she will, most of the documents will be ordered returned to Trump though this will likely be appealed all the way to the SC.
I agree..but so far, I am not seeing the scope authority for the special master to perform executive priviledge determination….maybe cannon does that directly? reinhart?
from what I am reading the proposed special master will only determine attorney client priviledged material.
I think this is a problem.
and I agree that sooner or later the issue of executive priviledge does go to scotus. It must. Obviously, the DOJ is going to try and maneuver the classification and also the attorney priviledge arguments that supercedes the executive power claims.
One should be prepared sooner or later to realize whether intentional or not, cannon is not in court that can make the final decision regarding constitutional primacy powers wrt to executive priviledge. At stake is the holding that a former president can perform such a unilateral decision AND THAT THIS DECISION can hold even AFTER LEAVING office.
This is where it will take appeals if this judge cannot form a solid determination. (it’s not even part of the special master authority to seek the determination in this specific matter). I think Team Trump Legal would best represent this case by filing motion NOW BEFORE FRIDAY that the special master take ALSO the issue of executive priviledge. And then see how the court responds. If the court responds negatively and rebuts, this would provide grounds for a relatively easy appeal.
as I see it the special master is too limited as it stands right now.
There should be two major issues for the special master to determine and report to this judge:
jmho
God Bless America
Weren’t all the docs out President declassified, put in a binder and turned over to the DOJ for redactions? If so, that is the source doc to prove the docs were declassified.
good point
A great Order by Judge Cannon, very detailed, with her detailed legal support for granting President Trump relief, despite the horribly defective initial filings by Trump’s initial legal team. Thank God for someone getting across to Trump that he needed experienced attorneys on his Team, and not just young lawyers who were smart but lacked the experience to take on such an important case to Trump personally and to all his millions of supports (me being one). The addition of Chris Kise, former solicitor general for FL, who guided or likely composed the Reply [ECF No. 58] filing, ALLOWED Judge Cannon a basis to rule as she did. Now, after the Special Master is complete, there is no doubt in my mind that Mr. Kise will file a “complete” Rule 41(g) motion to return all docs—so Trump can enter them in his RICO case and or post them so all the crooks in the FBI and DOJ are exposed.
Would like to see Mike Davis of Article III Project officially working for our President Trump.
Ditto!
Very good post and not just because I agree with you. I hope all of your predictions are correct.
Thank you… I’m very confident about the law outcome part, now that Trump has Kise on OUR team.
Yes, I am getting the same sentiment that up until recently the legal team Trump was not exactly the A team.
I am not an attorney. I hold no such legal training. But I have a pretty good nose for the direction of a legal team and it’s ability to argue successfully.
Like you, I see some holes in the legal defense of President Trump. I am concerned about this. I am also noticing that the team composition has changed quite a bit over the last 3 weeks. So that’s optimistic that this case will start making up for some lost time and effort.
for me, right now, the issue seems to be the special master.
at current, it appears the special master will only determine attorney client priviledged material.
but it DOES NOT INCLUDE determinations of executive priviledge. At least judge cannon has not addressed this argument in the preliminary framework and scope and limits of the special master.
I think before friday comes, team trump legal must file motion that the special master be ALSO involved in determining BOTH issues:
att-client protections
executive powers of a former president to declassify AND TO HOLD those declassified materials AFTER leaving office.
this motion is rejected in the second (executive power/classmat/retention), would provide a good basis for appeal.
jmho
God Bless America
Understand your concern re the Special Master, but both sides must agree on that Court appointment on the 9th. The Judge can’t really have the Special Master “make a legal determination” as that would usurp the court’s authority as a matter of law…additionally, the Judge indicated in her Order that “there has only been argument” to date, and there would need to be an evidentiary hearing for her to “rule” for example that all was previously declassified and or all docs were personal property for which the DOJ must give back to Trump. Holes in the legal defense–oh, yes, I agree–to the extent she concluded some arguments were inconsistent and she made the Trump lawyers file a supplement in the beginning. (She could have just dismissed the Motion right off—but she has repeatedly invoked her equitable powers or a just outcome to keep Trump’s initial lawyers in the game. Kise, his new counsel and team, will now obtain a great outcome as the DOJ’s filings were equally poor—they argued no jurisdiction and no standing, without any legal support for the Court–thus why we’re still in the game and now we can expect a great outcome—all in my view anyway.
very good explaino…ty
.Judges order states that special master is to weed out Executive privileged material.
attorney client protections
but not specifically the constitutional fundamental issue of presidential exclusive power and priviledge over matters related to: declassification, personal retention of declass and EVEN Classified material.
if you read the preliminary outline describing the role of the S/M the matter of determining the issue of presidential executive power and priviledge to declassify and retain after leaving office AND also retaining EVEN classified material AFTER LEAVING OFFICE.
understanding the obvious legal issues this:
whom has primacy and wins? a current president applying executive powers to re-re-classify materials and records of a former president? Or a former president who did declassify and did retain them and also retained classified material, both of which are expected to be center set pieces in a exising on going legal case (trump vs clinton)?
to my knowledge there is no precedent that exists than comes close to touching on this very specific condundrum.
it goes to scotus.
but IN ORDER FOR IT TO GO TO SCOTUS , an appeal to a lower court must fail. IN order for a lower case appeal to fail, that COURT (read: S/M) must have determined this issue. (one cannot appeal a matter that the courts never realized or ruled)..
I am not an attorney. I use logic, reason and strategy and have a pretty good nose for how cases such as this can fail to address fundamental constitutional questions.
this is why I am harping on team trump legal to file motion NOW and not wait. They must file motion and make the argument NOW before the list of S/M are even considered by cannon. The argument goes like this: attorney priviliege protected material is just one issue facing this court. Fundamentally the president of the united states has the right to attorney client protections, but also presidential executive powers to declassify, retain personally even those materials that ARE classified and to use them as he sees fit in an ongoing legal case that will enter this material in to that court case as evidence of a crime.
I do not see this S/M ordered or even described to determine this far more important constitutional executive power argument. But it must be argued now, such that if this judge rebuts and refuses it would be grounds for an easy appeal if the case falls apart for team trump legal. Without the court even considered this issue and describing that issue be determined by S/M leaves team trump legal with little hope of an appeal if things go south in this case.
you cannot argue an appeal on a matter that the court did not even recognize.
Am I making sense here?
God Bless America
Andy Mcarthy points out the DOJ’s flawed logic that the judge mentioned in her order:
“What happened here is the Justice Department assumed that Trump only had attorney-client privilege, that he did not have executive privilege, or at least to the limited extent that as a former president he maintains executive privilege, it can’t be asserted against the executive branch itself,” McCarthy began.
“It’s one thing for the government to have that theory — I think it actually may be a sound theory.
“The problem is it’s not 100% settled,” he continued.
“So I thought it was incumbent on them to get a ruling from the court on that question before they hauled off and did what they did, which was have the privilege team go through all the seized documents assuming that Trump only had attorney-client privilege and then allowing all of the potentially executive-privileged documents to go to the prosecution team.”
https://www.theblaze.com/news/andrew-mccarthy-doj-taint-investigation-special-master
Can the Special Master recommend to the judge that the entire search was illegal and that all materials should be returned to President Trump? The most important thing is not what evidence they have. The most important thing is whether they have a right to any of it.
Indeed.
The Judge’s Order requests therein that the Special Master “make recommendations” to the Court. What is not in “evidence” yet is that Trump as President declassified ALL docs—Thus to me, that would be an argument made by Trump’s counsel AFTER the Special Master’s Report is given to the Court. I would suggest that an evidentiary hearing would then be required as the Gov’t would object to the allegation that Trump had declassified all, if the Gov’t as a matter of law cannot support their objection to Trump’s declass argument.
General warrants are not legal in this country, so you have a good rgument. Apparently they took things that were not evidebtiary. That’s called theft.
Theft by the Gov’t…while that’s what they do everyday, and we feel it most on April 15th of each year!
It was a smash and grab robbery. The judge appears to be leaving open the possibility of quashing the entire warrant depending on what the special master recommends.
It’s pretty clear that the FBI’s objective was to steal anything and everything they could get their hands on in a desperate attempt to find a crime to accuse Pres. Trump of committing. It was a nakedly criminal violation of Pres. Trump’s 4th Amendment rights.
The judge appears to be seeing right through this, and the Trump team has an ace in the hole they haven’t played yet: Judge Reinhart’s clear and publicly-stated opposition to Pres. Trump. His legal team can also highlight that the very same people involved in past political harassment in the DOJ/NSD are involved in this political harassment of PDJT.
I suspect this is going to morph into a showdown between Biden and SCOTUS to protect the Government from being forced to return all of the documents they stole.
I would not expect anything of this sort to belong in the wheelhouse of the S/M.
at present the ONLY framework of the proposed S/M is:
determine what material is subject to attorney client priviledge.
the special master is not given the task to determine if the affidavit, and subsequent warrant issued by the AG DOJ (garland) was unlawful or that the actions of those involved in the actual ransacking and seizure did or did not follow the warrant.
that decision is most likely going to come before judge cannon, and or reinhart?
So at present, my understanding is that legal PREDICATE, is not part of the special master review.
that determination will be argued by the judge presiding over this case.
I will presume, consistent with historic legal proceedings, this judge will not reach into the matter of predicate and order a review of the affidavits and redacted aspects of the affidavits which the DOJ is obviously black holing to avoid scrutiny.
It is truly a very complicated case involving several legal issues.
not the least of which is the recent revelation that indeed the joe malarkey regime was briefed and did in fact sign off on this DOJ warrant process. That changes things quite a bit. It now involves another dimension of executive priviledge in a very interesting constitutional conflict:
can a current potus unwind (using executive priviledge) to essentially unwind a prior potus who exercised the same priviledge. in matters of this type, which executive priviledge outweighs the other:
existing potus, or former who did declassify.
this question, this argument logically realizes this test:
has the existing potus ORDERED USING HIS EXECUTIVE PRIVILEDGE, that the formerly declassified material by a former potus, be re-re-classified?
is this consitutionally a condundrum?
How will scotus determine which executive privilege to apply? The current, or the former.
Then add the reality that this creates a serious constitutional crisis…can the existing potus order the DOJ to investigate a former president? And if so, what are the limits.
I am going to say it here and now, my prediction:
this matter goes to scotus (I actually predicted this two weeks ago), and scotus recommends that it may not make this determination without a formal law enforcement investigation into the matter. (and of course, these issues do not even happen at scotus until all lessor court appeals are exhausted by president trump (or for the DOJ for the same legal reasons).
prepare for what happens: we are going to see a special counsel established.
prepare for Durham 2.0.
God Bless America
That there is good satire…
I have a hard time thinking the two sides would jointly agree on Special Master candidates
They should never agree to anyone that DOJ would be satisfied with
The Judge should favor Trump. He is the defendant and the government is the villain.
Importantly, “innocent until proven guilt.”
While I agree, legally a special master is not unilaterally selected by the judge or the plaintiff or the defendant.
the defendant and the plaintiff must be involved in creating their own list of S/M candidates. Then the judge will see the list and hear motions and arguments from both parties with respect to each candidate.
It’s similar to the jury selection process ..different but similar in principle: both parties will be involved in determing the composition and argue jury membership. Similarly, in general the same process is followed in the determination of how the S/M is finalized. I think it’s the most fair process that offers no favoritism toward either party. It ultimately depends on how well each party does or does not argue successfully before the judge wrt to S/M candidates.
which is why we should be prepared to go to war and do the yeomans works OURSELVES to vette these DOJ candidates and then REPORT SUNSHINE HERE AT CTH (calling sundance in advance!), so that team trump legal can have the benefit of independent investigative journalists who can dive deep into the backgrounds of S/M candidates.
WE CAN DO THAT.
stay tuned. This week is going to be very important for both parties to make their recommendations about S/M. The judge will likely accept the lists on friday barring no motions to suspend happen. And then there will be a period of review by the judge, and then arguments and motions filed by each party related to concerns or arguments for or against each of the S/M candidates.
in plain speak we can expect the list to happen before the judge on friday. Then there will be a period of review by the judge and then arguments for or against S/M candidates by each party. This will take at least one week after friday.
This give US the opportunity to independently vette each S/M candidate and publish sunshine her at CTH.
What WE NEED IS FOR TEAM TRUMP LEGAL TO MAKE SURE THE LIST OF S/M CANDIDATES IS PUBLISHED OPENLY IN FILING. This allows us the earliest opportunity to know the names and do the back checks and report and publish the sunshine.
we can crowdsource our analysis of S/M candidates.
but we must know the names presented before the court by both parties.
we cannot afford to allow this SUNSHINE back checks to hidden.
the aspect of a free press in this matter has never been higher.
I have already called on Tom Fitton to file motion as friend of court on basis of free press access to S/M candidates names. This allows the press to know and then to report what they find when doing the back checks. I am certain Judicial Watch would have a constitutionally protected right to KNOW the list of candidates made by each party and then to publish this list for the public to review.
We will need this information sooner than later and definitely well before the list of candidates are reviewed in court for final selection. The press has a role here. Not a power, but a right to this information. There should be no restrictions whatsover on releasing this list of candidates to the public. none.
God Bless America
God Bless America
Even if they appoint a crappy S/M, it’s going to come out that what the FBI stole from Pres. Trump’s home was a clear violation of his 4th Amendment rights. The judge could quash the warrant entirely and compel the Government to return everything it stole, every box and every page. That’ll end up at SCOTUS and the Biden Regime will lose.
They have lost every single attempt to avoid sunlight, with the exception of the patently absurd redactions in the affidavit…but even then they were forced to release it when they did not want it released at all.
The DIH will trot out a CIA tool disguised as a judge.
They already have seen everything but part of this maybe Trump
way of getting some of his stuff back.. Why do they need those framed
pictures, or news paper clippings or whatever gifts they took?
They literally took anything he could use in his library.. he should
get that stuff back..napkins, menus none of that has any bearing
on anything they are doing.
This may not be a valid comment but,
Could it be argued that anything following the appointment of the biased magistrate is “fruit of the poisoned tree”?
five key points about today’s ruling by cannon:
jmho.
God Bless America
re #5: pages 16-17 specifically note that executive privilege, not just attorney-client privilege, is in the purview of the S/M. The judge writes that Trump has a good chance of prevailing were this to end up at SCOTUS citing Justice Kavanaugh, “A former President must be able to successfully invoke the Presidential communications privilege for communications that occurred during his Presidency, even if the current President does not support the privilege claim. Concluding otherwise would eviscerate the executive privilege for Presidential communications.”
She also writes about the personal effects which were seized by the FBI. That’s a huge 4th Amendment problem for FBI/DOJ because what they took clearly indicates they were executing an illegal general warrant.
The judge also seems to understand pretty clearly that by not firewalling off the members of the investigative team, plus the leaks of information to the media, means that the privileged material has probably already escaped the DOJ into the hands of people with agendas.
She seems to be leaving open the possibility of quashing the warrant and the appeals will go to SCOTUS. I think there’s a good chance the courts order that Pres. Trump gets all the seized materials returned to him and the Biden Regime precipitates a Constitutional crisis by refusing to return the materials.
The best part is that the S/M is going to wind up reporting how many of those 11,000 documents and 1,800 items were actually relevant to their purported search warrant. Most likely that number is close to zero.
ty hokkoda.
and I should also thank Gina who drew this to my attention earlier.
I still stuck on the ex priv issue though. the 28 pages by cannon does indeed speak to s/m and ex priv, but there is far more layers to it not discussed.
I discuss these… namely…who wins primacy over ex priv… former with records to be entered into an ongoing case (trump vs clinton). OR
current POTUS using the same ex priv power to unwind the former power?
this is a constitution 8nterpretation matter ..doubt cannon or any federal court judge can work through this and develop a solution.
but again, it must be argued IN THE CASE BY TEAM TRUMP LEGAL ..NOW
cannot appeal a matter not considered by the court.
it’s a non trivial point.
God Bless America
The formalities need to be observed, but the reality is that the appointment of the special master will be as effective at curtailing deep state abuse as the gun free zone signs are at stopping thugs from carrying.
I predict in a few days many of us will smacking ourselves on the forehead and complaining here about who the Trump team agreed to.
What are the chances that 2024 Republican candidates will promise to waive Brandon’s executive privileges on Jan 20, 2025 (day 1 of their administration)? Only PDJT can be trusted – the rest like to talk – only talk. Only MTG has had the guts to introduce an impeachment effort against Brandon over the raid. Until our elected ‘leaders’ understand that reaction needs to match action in intent and consequences, the status quo will not change. One question I did not see (or missed) in this thread is scope of ‘declassification’ for a president. OR is that part of ‘executive privileges’? If authority to declassify is absolute, does the DOJ have any basis for prosecution?
Good win today, but the DOJ will not comply with the order for a Special Master, citing legal BS, and appeal the SM order. In higher federal courts, the Judge’s order today may be overruled and a SM might not ultimately be appointed. This battle is not over. Will this ruling head to the Supreme Court?
This is definitely heading to SCOTUS and the regime is now in danger of having the entire warrant quashed as illegally issued and illegally executed.
Does it even matter now. They done went through everything.
They can create their narrative on all things took.
This was nothing more than having an October surprise when he runs.
Shame shame
As well as intimidation.
Just a note and reminder. Not to be a downer but no matter what victories PDJT gets in this case and even the RICO unless and until the 100-200 feds spooks and assorted Dems who have perpetrated the past 6 years of hoaxes and scams go to jail , it’ll all be worth it to them.
This is Lawfare’s game. Keep attacking no matter how many defeats they accrue along the way. This special master appt ‘loss’ is a joke to them.
In their mind, they have already won: they scammed the 2020 election allowing devastation of the USA and world.
Anything beyond that is a bonus. Winning the 2024 election, or at least, nor having PDJT win is their next goal. They will do anything and everything to get that. If they lose today in one thing, they will simply pursue the next thing tomorrow. Unless they’re put in jail this will not end.
Let’s wait to see who the special master is before the celebration begins.
Remember, the judge enjoined “the government” from further review of the material. That doesn’t mean Perkins Coie and the rest of the Lawfare thugs won’t be sifting through it for every nugget they can find. Imagine, having the personal medical records of a 76-year old man you wish to destroy.
How did DOJ allow this judge to become involved? Those of us with absolutely no knowledge or truth to draw upon in assessing the underlying motives of anything done by anyone in this circus must NOT leap to the conclusion that she is on the side of justice. ALWAYS remember, first and foremost the Democrats are liars, tricksters, manipulators, and are the de facto enemy of a constitutional United States…we can never accept at face value, or wisely speculate on the intent of anything reported by anyone until we see the results of their actions.
Trump should be granted permanent immunity from prosecution for ANY matters covered in ANY document illegally taken, whether that document is used in the prosecution or not. THAT should be the penalty for GOVERNMENT crimes against citizens.
SO WHO ACTUALLY REJECTED THE REQUEST FOR A SPECIAL MASTER on Aug 9th??????