Judge Aileen Cannon has rejected the DOJ motion to stay her previous order and appointed a special master, Judge Raymond J Dearie, Senior United States District Judge for the Eastern District of New York, [pdf of Ruling HERE]
As to the dispute of the 100 “classified” documents, Judge Cannon writes, “the Court does not find it appropriate to accept the Government’s conclusions on these important and disputed issues without further review by a neutral third party in an expedited and orderly fashion.”
Judge Cannon urged Special Master Raymond Dearie to complete his review by Nov. 30, 2022, more than a month longer than DOJ requested. However, she did say Trump’s legal team has to pay the full cost of the special master. [Full Ruling Pdf Here] In a signed filing, Judge Dearie accepted the task.
(Politico) – […] [Cannon] also said that DOJ was free to brief “Congressional leaders with intelligence oversight responsibilities” on the seized materials and from using the seized materials to conduct security assessments.
Cannon’s ruling denying the Justice Department’s stay makes clear she simply did not buy prosecutors’ argument that there was no way to allow an intelligence community review of the national security impact of the presence of the information at Mar-a-Lago to proceed, while temporarily putting the criminal investigation on hold.
“The Government’s submissions, read collectively, do not firmly maintain that the described processes are inextricably intertwined, and instead rely heavily on hypothetical scenarios and generalized explanations that do not establish irreparable injury,” she wrote.
However, the judge also emphasized that she was giving Justice Department personnel some leeway to participate in the national security assessment even as she maintains her order blocking the use of any of the documents in the criminal probe.
“To the extent that the Security Assessments truly are, in fact, inextricable from criminal investigative use of the seized materials, the Court makes clear that the September 5 Order does not enjoin the Government from taking actions necessary for the Security Assessments,” she wrote. (more)
President Trump declassified the documents showing the corrupt DOJ and FBI targeting operation of him. The corrupt DOJ and FBI went and took back the evidence against them in the Mar-a-Lago raid and now says no one should be allowed to see it.
Everything is becoming increasingly transparent.
Overlay the Durham probe and you discover, the govt people responsible for illegally targeting Trump are the same govt people responsible for investigating the illegal Trump targeting.
We keep watching….
November 30th you say.
So I guess they won’t be perp-walking the President before the mid-terms, then, right?
DC monsters have sad face.
Kudos to Judge Cannon.
The three questions I have:
How does the court, i.e., the Special Master, know the DOJ/FBI is handing over EVERYTHING taken?
Does the Trump team have a complete list?
And, Trump has to pay for the Special Master? He has to pay out of his own pocket to ensure the government is geld accountable? This is exactly how the two tiered justice system screws the average person. Good think Trump has the money.
I know it’s a typo. but very appropriate that the government is gelded accountable.
I don’t know if it’s been mentioned yet, but Judge Maryanne Trump Barry, is a former US Attorney, for NJ, former Federal District Judge for NJ (appointed by Reagan), and a retired U.S. Court of Appeals Judge 3d district (appointed by Clinton). Good friend of Sam Alito, and big sister of brother DJT … She probably knows Special Master Raymond Dearie, quite well, and I hear she is a close confidant of her little brother …
Big sister a close confidant. Not. You hear wrong according to almost all reports these last six years..
Trying to make a connection, a public forum statement saying, basically, this Special Master should recuse herself because of conflict via association smells like a pushed faux narrative.
Nice try, though.
She gave a very public interview expressing her disdain for President Trump calling him a liar among other things.
She didn’t give an interview. She was secretly recorded by her disgusting niece Mary. Mary is the one with severe TDS.
https://truthsocial.com/users/kalacik1776/statuses/109007621056076309
Sorry, I was trying to post the meme- very well done.
LOL! Well done!
Let’s hope this judge is an honest man. We will see…
The FBI mislead him on a “get Trump” warrant when he was a FISA Judge. Could be time for revenge. Let’s hope so.
Very concerned that Weissmann loves him. Weissmann is the son of Satan.
I suspect that Judge Dearie, in his review, will come across old documents he has seen before (say, FISA applications) as well new material pre-dating those applications showing the FBI was “cooking the books.”
Oh, dear.
Brilliant.
Why not take war veterans(young and old) and assign them to people that must make important and lifesaving decisions for Americas future with gofundme or something similar. These people are staking their lives for what they believe to be right and honest. Only for a while because you are in the most dangerous time that you ever was in losing a free and brave America if you do not sort this out asap. Laweyrs only get old and more cunning, citizens die.
Because they have their own families and communities?
Because the “patriots” talk a good game but themselves lack focus, strategy and community?
There are so many veterans on the streets, that’s what I’m getting to. Another army wasted.
why would you put your trust in the military, they train people to take orders, not solve anything. some of them are child molesters too.
Insulting a veteran like that on the internet is very safe for you.
Try that crap to a veteran’s face!
Thanks for the support, Johnny, but us old Vietnam vets are used to being crapped on. This Dickh**d is just the latest rendition.
Hillary? Hillary! Go open more Chardonnay.
Documents? What documents…these folders were empty…
Yeah, that “evidence” was burned within 5 minutes of discovery. They got what they wanted regardless of outcome…
On target.
I keep thinking: release the declassified incriminating evidence! Time to go open Kimono with all of it.
Why no such action that turns the tables in a major way?
Perhaps PDJT is keeping that Kraken in its underwater cave until the time is right to Release It. Popcorn sales will go thru the roof when that happens.
Stop with the tick tock “popcorn” nonsense.
I’ve been reading about this “DECLAS” stuff for years and he’s never shown it, and dodged the whole thing by letting Barr take charge. It doesn’t add up. If he couldn’t produce it when still in office he never will, it’s old news now, sorry.
Releasing the documents prematurely may interfere with Durham’s investigation.
From what I’ve heard Durham has closed his investigation down. The grand Jury has been released of their duty.
I really doubt that but I hope you are right. Durham’s “investigation” BS was to stymie Trump. “Ongoing Criminal Investigation” don’t ya know and “interfering with (un)justice”! If Durham is closed down and the Grand Jury released as you say, Katy bar the door.
May God bless Judge Cannon.
Finally, a judge with courage.
President Trump may have to pay up front but I don’t think he will loose a penny in the long run.
A Billion Dollars will buy a lot of “Justice” even today. They are screwing with the wrong man!
Dearie will either be in the tank for the sinister fbi or he will have his life threatened. Either way it’ll be another screw job like barr, durham or stilts comey. There will be no justice for Mr T.
I fear you are correct.
On the other hand its not nice to “fool” the Judge! Let’s pray he’s an advocate of “Fool me once shame on you! Fool me twice? Bet my ass!”
The deep state case is hanging by a thread but they continue digging.
How much is my share to help President Trump pay all the legal costs he has incurred for merely having had the temerity to get elected President?
Your vote when he runs again in 2024!
Approved by the DOJ. Prepare for another disappointment. Easy call.
Not so fast! He was picked by Trump. How does the DOJ object to a long term FISC Judge?
Sundance –
In many of the CTH articles during the Mueller era, you described declassification as a careful series of steps, approvals, reviews – and that it wasn’t so simple for Trump to simply declare something “declassified.”
Did all this occur correctly, since it was apparently initiated shortly before Biden’s inauguration?
Also, many other sources, Kash Patel, Mike Davis among them, seem to imply that a president has plenary power, and can simply “declare” something declassified, even so far as simply “writing it on a napkin.”
Not sure if they also implied a verbal order was also sufficient.
Just wondering about the process, for clarification. Thanks.
Declassification does not “release” the documents for publication. All declassification does is set the scope for who is allowed to see it.
NO! Classification sets the level for who can see it with a “Need to know”. Declassification allows the info may be sheared with out repercussion to the person shearing/disseminating the information.
I think that very issue will come up in arguments.
why?
there are in fact several layers and authorities for “declassification/classification”.
for example…As an originating classmat authority (a principal), I can declassify but still retain the material internally. I can keep it protected even though it is “declassified” (this was one of the issues resolved pre 9/11…agencies were not sharing even declasified materials to other agencies).
but this is a special case> a President of the United States does not have to follow any “declass” processes. His is the ultimate principal. He can set the rules and even abandon and reverse them…minutes apart. he can share classmat with anyone he choices, and then later declassify that material..or even raise the classification. with actions as simple as voice orders. No records…no reports…no “internal” deliberations. This is the king like power contained in the constitution that ALL PRESIDENTS have. No one can take that away.
What is the issue here, is that he no longer has the office of the presidency.
the current president and his executive and to the extent the DOJ (a quasi executive branch in that it represents the interests of the president and the US Gov’t, can classify any prior that was declassifed. he can basically unwind former powers. It’s the same power, but it is active in this moment in time. All other president’s are subordinate to this power if he so choices.
the argument is also that President Trump used this power to advance a legal court case. So this additional dimension presents a special condundrum in the constitution.
Who has primacy….a current potus with executive priv? or a former potus who used the same executive priv AND is using that material and record to form a legal court case?
it’s a very complicated legal issue. Arguably, one that has no legal precedent.
this goes to scotus.
it’s an interpretation of constitutional powers debate.
jmho
God Bless America
I understand your dilemma! I was under the same impression but I read several motions written by President Trump’s Lawyers, either here or on Breitbart stating that the President does in fact have the authority to declassify documents. The power being granted by the Constitution in “vesting the power of the Executive in the President.” Any authority others have, DOJ, FBI, AG, etc. is derived from and (Constitutionally) granted by the President. It appears the SCOTUS affirmed that authority a few years back. It is standard procedure to rout classified documents back to the originator for redaction but the President has the plenary power.
His legal team wouldn’t be embedding such claims in the body of their court briefs, with references, if there were any doubt.
What would be the reason Durham has revealed that the FBI paid Donchenko? Surely there are other ways to protect the FBI and DOJ?
Two Points:
If DOJ was not doing for political reasons, why did it raid Trump going into an election cycle? (Knowing docs were under lock and key AND Secret Service was monitoring building?)
And why press for Special Master review to be completed a week before election?
And then we are to dis remember the 5 year false accusation of Trump-Russia by same DOJ/FBI with no one in leadership held accountable?
I hear Andrew Weissman is excited that Dearie has been appointed. I can think of only one reason why he would be excited about the Special Master being a Trump choice. The FBI has some compromising information on him that they can use against him to get the judicial results that they want.
Actually, I would be far more interested in what McConnell and his spokesperson GRAHAM think about Dearie being appointed SM.
Did they ‘jump for joy’ when they heard, or have to change their depends?
So would I
I can foresee a stream of Suicides and Arkancides in the near future.
Good question Dutchman. I would suspect and hope that they jumped for joy AFTER their depends were changed.
Just miserable. It’s beyond comprehension that PDJT would nominate a SM who would be unjust… but Weissman happy about the selection is miserable to hear… just awful.
It is the patriots who are being demoralized in the Alinsky format.
Thos appears to be one of the very few “wins” for our side but it could turn into a curse for President Trump very quickly. Barr and many others duped him. Is this guy doing the same thing? Just miserable knowing we must WAIT and pray for fairness and justice and LIKELY see it ultimately denied.
“duped him”
Lol
Link? No one else has heard that.
Ever think Weissman is lying again? Not much he can do once the Court has made the appointment. And how does he argue against a former member of the FISA Court that he had previously worked with? I suspect that “excitement” was covering a big “oh Sh!t” when he remembered lying to this very judge about some of the information he will now be reviewing.
The AG’s phone is jumping off his desk with calls from Democrat fat cats, expressing outrage that Trump found a judge they don’t own!
“Isn’t that illegal?!” screams a typical caller.
The FBI is on it! By Monday, he will be on a leaked fragment of Epstein’s flight log! Along with Trump…
It is a start to get justice.
We are it seems to me trying to be a country of law and order even though our major agencies are blowing it off.
What happened to the stolen nuclear codes? Are we all gonna be dead soon?!
My point is to highlight the fact that the DOJ and other agencies routinely use media leaks to pursue their cases, which is at least arguably illegal. If we can’t sanction the media, can’t judges sanction the government for this behavior?
In a way, Judge Cannon has sanctioned DOJ. In her various decisions, she has pointed out that the DOJ lied when it said it could be trusted to sequester privileged materials. She did this by pointing to the media leaks of privileged materials, and to the fact that investigators who saw the privileged materials were not sequestered from the investigative team. She also pointed out in her decision denying the DOJ’s appeal something to the effect of “you claim it’s classified but you’re leaking it to the media” and that the DOJ should not be immediately trusted.
That’s pretty damning. The judge’s going-in opinion is that the DOJ has lied to her, is actively lying to her, and that she expects them to lie to her again in the future.
The SM is the sanction. Keep in mind that the SM has to be neutral with respect to Trump and the DOJ. That doesn’t mean the judge and the SM cannot communicate if the judge suspects the DOJ is up to no good. The SM works on her behalf, not independently from her, if I understand SM’s correctly.
Judge Cannon seems to be pretty media savvy, and may already have knowledge of what the DOJ did to frame Mike Flynn and suppress Brady evidence later uncovered by Jeff Jensen which led DOJ to drop the case, for example. Or the shenanigans at the FISC used by the DOJ to wiretap Trump. Or that the falsified search warrant was written by Clinesmith that supported the warrant. Or, the ludicrous behavior of Judge Emit Sullivan who, when presented evidence of DOJ corruption, refused to dismiss the case.
Stuff like that is followed by other judges just like doctors all keep up on the latest diseases that the rest of us never heard of. They have to stay on top of precedent. It’s very likely that Cannon is quite familiar with the Sullivan fiasco and the evidence Jensen found in Mueller’s office which Mueller and the DOJ lawyers denied existed. Combine that with the DOJ already sort of lying to her about how good they are at protecting privileged material, and the Judge is right to be suspicious of DOJ.
If the DOJ pulls that crap with Deare, he’s going back to Cannon to get her to issue a ruling to release a document. If DOJ plays games with her, she can kill the warrant on 4th Amendment grounds.
Keep in mind that Deare’s job is to review the documents and make recommendations to the judge about privilege. The judge does not have to act on those recommendations. The problem the DOJ has is that they’ve already admitted that they have privileged documents (and have even leaked some of them already). So Deare is going to have to return recommendations about a lot of the documents being privileged and that means Trump is GOING to have a lot of his documents returned to him. A lot of what the FBI stole isn’t even germane to any political prosecution, anyway, and those are also going to have to be returned.
So the list of documents that will be fought over is a small number of very damning documents. In the President’s favor are his various written memoranda and public statements from 2020 and early 2021 ordering the declassification of all CH and Clinton email investigation materials. Then you have things that are Executive Privilege not just attorney-client privileged, and those are also going to be relatively easy to spot. All of that gets returned as well.
And I suspect that Deare is not working in a vacuum. Most likely both sides will get to weigh in on a given document and Deare is the referee. Every time the DOJ claims a document from CH or Clinton/email is classified, Trump’s lawyers hand the declassification letter to Deare. Every time DOJ lies and says “We don’t have xyz document,” Trump’s lawyers (unlike Gen. Mike Flynn) will be able to say “Yes, you do. We know what you took and here’s the list.”
DOJ and the FBI’s goal was to breach the privilege firewall through an illegal smash and grab robbery. Just like they’ve been trying to breach it using the illegal 1/6 congressional committee.
Imagine if somebody from the White House Counsel’s office had been required to attend the FISA Court hearings related to Carter Page because the wire tap was known to affect Pres. Trump. Do you think the FISA Court approves those warrants if the WHC shows up and illustrates that the FISA warrant request has been falsified because they know Carter Page is working for the CIA? There’s no way the FISC approves it with this “second opinion”.
That’s the problem, ultimately, that the DOJ has. Somebody else is allowed to offer their own assessment of the documents they stole.
Just like how then-USA Jeff Jensen (Missouri) found all that Brady evidence exonerating Gen. Flynn. The instant that the Mueller team was found to have been hiding evidence from Flynn came out, the Government’s case collapsed. Deare is basically in the role Jensen was in then, but with the added advantage to Trump that he and his team will be able to present their case to him. That’s a much tougher hurdle for the DOJ, even if Deare is biased in some way.
Also, the point of the SM is to go through the many thousands of documents because Judge Cannon doesn’t have the time to do this. If some of the DOJ’s claims come down to a few dozen documents, those are documents the Trump team can bring before the judge if Deare makes a recommendation they don’t like.
Sunlight is very bad for the DOJ. It will be interesting to see if they try to hide documents from Deare the same way they hid documents from Judge Sullivan and Gen. Flynn. (Sullivan just happened to be very corrupt, but that doesn’t mean Deare is, or that Cannon will ignore the DOJ hiding things.)
Doubt there is any neutral party from the Eastern district of NY. More theater?
As I posted in a previous thread., Judge Dearie is a 78-y.o. guy who has lived in Brooklyn his entire life. Born in 1944. I’ve known guys like that (and I know PJDT does also). This could be interesting.
Why does DJT – the victim here – have to pay for judicial protection from having his rights violated, something that should have been in place from the start? It would bankrupt most people, and Trump isn’t the only dissident of the failed Biden Regime being persecuted. The process is the punishment.
Judge Dearie was on the FISC during all the spygate events. Who’s to say he isn’t involved in the coverup? Why did the DOJ-FBI accept him to be special master?