Advertisement

Drudge Retort: The Other Side of the News
Monday, September 05, 2022

A federal judge on Monday granted a request by former President Donald Trump's legal team to appoint a special master ...

More

Comments

Admin's note: Participants in this discussion must follow the site's moderation policy. Profanity will be filtered. Abusive conduct is not allowed.

www.axios.com

..."This order shall not impede the classification review and/or intelligence assessment," Cannon wrote....

I expected Judge Cannon to grant the Special Master request, as it seemed a reasonable compromise at this point. The last thing I would want would for the DoJ to proceed too quickly.

Though I do wonder about the Executive Privilege aspect, does fmr Pres Trump still have the right to claim Executive Privilege, or is invoking Executive Privilege something that only Pres Biden can currently do?

It is good that she specifically allowed the security aspect of the investigation to go forward. That is important.

#1 | Posted by LampLighter at 2022-09-05 01:36 PM | Reply

The last thing I would want would for the DoJ to proceed too quickly.

Garland? Proceed quickly?

Which bizzaroverse did you just get back from?

In November, when Republicans take Congress, all investigations into Trump will be killed.

The DoJ and the FBI will be completely defunded.

#2 | Posted by ClownShack at 2022-09-05 01:41 PM | Reply | Newsworthy 1

@#2 ... Garland? Proceed quickly? ...

I am not saying that he is proceeding too quickly, just that I would not want the DoJ to proceed too quickly in this investigation.

Given that the Judge has allowed the security aspects of the investigation to go forward, allowing fmr Pres trump's legal team to present their case and get the Special Master is a good compromise.

#3 | Posted by LampLighter at 2022-09-05 01:54 PM | Reply

- The Lumpers said this wasn't possible, too late they said, looking at you Corky

Lying seems to be second nature to our pimply-faced newbie.

I never said a Special Master being appointed wasn't possible... feel free to post where I did.

It should have been unlikely considering the DOJ's arguments, including that these docs don't belong to Trump, so legally he has no standing concerning them.

But hey, it's always good to have a Judge you appointed, even if she really had no jurisdiction, to rule in your case.

This is just a delaying tactic that goes nowhere, no matter how much our Trump Trolls wish it otherwise.

#4 | Posted by Corky at 2022-09-05 02:29 PM | Reply | Newsworthy 1

This is just a delaying tactic that goes nowhere,

It just has to go a few months.

Then Republicans can protect him.

#5 | Posted by ClownShack at 2022-09-05 02:31 PM | Reply

All Republicans can do is throw up smokescreens for political consumption.

As far as the DOJ and the law are concerned, Trump's popularity contest is not a factor.

#6 | Posted by Corky at 2022-09-05 02:35 PM | Reply

Here are the details of Cannon's order, which bars DOJ from reviewing the documents for criminal purposes. Special master candidates are due Sept. 9. Trump does not get his documents back yet.
twitter.com

This gets more and more interesting.

#7 | Posted by oneironaut at 2022-09-05 04:49 PM | Reply

Also it appears Biden made the request to the FBI to get access to the records.

"As requested by the incumbent president"
twitter.com

Thought he didn't know, I still contend Garland didn't know. But this is pretty interesting.

This just gets crazier by the minute.

#8 | Posted by oneironaut at 2022-09-05 04:52 PM | Reply

Seen online:

The Special Master to review the Mar-a-Lago documents would need:

1) Full security clearance

2) A background in law

3) Understanding of Executive Privilege

4) Understanding of the difference between an attorney for the office of the President and a President's personal attorney

5) Understanding of and experience in assessing national security matters

Who could possibly have that experience?

Barrack Obama

#9 | Posted by AMERICANUNITY at 2022-09-05 06:44 PM | Reply

Barrack Obama

He just picked up his Emmy so he's probably got some time.

#10 | Posted by REDIAL at 2022-09-05 06:56 PM | Reply | Newsworthy 1

WTF is Trump's goal in seeking a Special Master?

Not like the DOJ and FBI haven't already gone through the 10,000+ documents Trump stole.

#11 | Posted by AMERICANUNITY at 2022-09-05 07:03 PM | Reply

WTF is Trump's goal in seeking a Special Master?

Delay.

#12 | Posted by ClownShack at 2022-09-05 07:07 PM | Reply

Doubtful that will slow down the DOJ/FBI investigation in the least.

They already know everything stolen, and the FBI has fingerprinted documents to see who's handled them.

#13 | Posted by AMERICANUNITY at 2022-09-05 07:15 PM | Reply | Newsworthy 1

I'm just waiting for the Trump-appointed Judge to name Devin Nunes as the Special Master now.

Ron Filipkowski

Or Trey Gowdy. Just watch - Trump will name one of them, almost guaranteed.

#14 | Posted by tonyroma at 2022-09-05 09:00 PM | Reply

"It is good that she specifically allowed the security aspect of the investigation to go forward. That is important."

From what I've been reading, the devil is in the detail and the judge may have tied the hands of anyone trying to do a national security investigation:

The judge's order today leaves a lot of unanswered questions about how a special master would review all the documents without impeding the natsec risk assessment. DoJ should seek clarification either separately or as part of an appeal.
twitter.com

#15 | Posted by Gal_Tuesday at 2022-09-05 09:19 PM | Reply

For a quick explainer on why Judge Cannon's statement that her order will not "impact[] the Government's ongoing national security review" is hogwash, please see below. DOJ should seek immediate appeal.

twitter.com

#16 | Posted by Gal_Tuesday at 2022-09-05 09:41 PM | Reply

A member of the FISA court should be qualified and have the security clearences to serve as a special master.

#17 | Posted by TenMile at 2022-09-06 08:21 AM | Reply

Who could possibly have that experience?

Robert Mueller

#18 | Posted by qcp at 2022-09-06 08:38 AM | Reply

I have absolutely no legal training so I really don't understand this and many of the recent Court decisions. Can judges just make up anything and it's valid? No One reviews or second guesses their opinions? They can just decide that Donald Trump is King and that's it?

#19 | Posted by TFDNihilist at 2022-09-06 10:01 AM | Reply

#14 | Posted by tonyroma

I believe a "neutral" 3rd party is required.

#20 | Posted by GalaxiePete at 2022-09-06 11:25 AM | Reply

#19 | Posted by TFDNihilist

I am in the same boat but I believe that it is up to the Judge to interpret the law. It would seem that it is valid until challenged and that is what appeals are for. This is really full of grey area for executive privilege HOWEVER the papers belong to the US Government and Trump shouldn't have had them at all. There is also client lawyer privileged communications possibly. A Special Master is warranted - just because of the importance of the case.

This is a pretty good read on Executive Privilege and how it applies in this case vs Nixon/Carter. I am sure someone legally skilled will be along to discuss it.

#21 | Posted by GalaxiePete at 2022-09-06 12:14 PM | Reply

This just gets crazier by the minute.

#8 | POSTED BY ONEIRONAUT

Trumpy is involved. What did you expect?

But you know it's just more obfuscation and delay. It's his modus operandi.

And you know they already went thru everything. And probably copied all the important stuff for future reference. But he was a former President and as such he should at least get what he deserves.

For Gods sake ... please give him what he deserves!

And God bless them pigmies in New Zealand.

#22 | Posted by donnerboy at 2022-09-06 12:29 PM | Reply

Can judges just make up anything and it's valid?

Yes.

No One reviews or second guesses their opinions?

The appellate court reviews their opinions. In this case it's the 11th Circuit, of which 6 out of 11 judges were appointed by Trump.

The DOJ essentially needs to weigh the risk of a partisan appeals court dragging this out in bad faith even longer than Judge Cannon.

#23 | Posted by JOE at 2022-09-06 12:32 PM | Reply

DOJ certainly to appeal.

If you really want to get a good understanding of everything, follow this guy:

twitter.com

#24 | Posted by brass30 at 2022-09-06 01:44 PM | Reply

#24. I was just about to link his tweets.

Neal Katyal

@neal_katyal

This special master opinion is so bad it's hard to know where to begin:

1. She says Biden hasn't weighed in on whether docs protected by Exec Privilege. Nonsense. The archives letter (which DOJ submitted to the Judge) makes it clear current President thinks none of this is privileged. Archivist says it is "not a close" question

2. Judge enjoins the entire investigation because some of the material might be subject to Executive Privilege. But Executive Priv isn't some post-presidential privilege that allows Presidents to keep documents after they leave office. At most, it simply means these are Executive documents that must be returned to the archives. It doesn't in any way shape or form mean they can't be used in a criminal prosecution about stolen docs.

3. She says the "reputational" harm to Trump justifies a special master. That's insane - every crim deft has reputational harm. Are we now going to have special masters in every crim investigation?

4. She says the Special Master should screen materials for exec privilege, without ever once explaining what specific material is subject to exec priv, particularly when the incumbent President rejects the assertion. How is the Master supposed to figure that intricate Q out?

5. She says that because some tiny percentage of materials might be privileged, the entire investigation over all the materials has to stop. That's a bazooka when one needs at most a scalpel.

6. She tries to enjoin the Exec Branch from using these materials in an investigation, but the govt has already reviewed all the materials. It makes no sense.

7. She says Trump suffers irreparable harm in interim, but the only harm she isolates is he won't have the docs back during the investig. That's not irreparable, he can get them back later &if they are improperly used to bring an indictment, he can move to dismiss the indictment

8. Her analysis of standing is terrible. Trump wouldn't own these docs anyway, so why does he get a Master over them? If there is some marginal claim to some attorney client docs, that handful of material can be separately dealt with"you don't enjoin the entire investig for that

9. Her jurisdictional analysis is similarly awful. She let Trump forum shop for a judge, instead of letting the magistrate judge evaluate these claims. The appearances here are tragic.

That's just a few of many more problems. Frankly, any of my first year law students would have written a better opinion.

#25 | Posted by ClownShack at 2022-09-06 02:01 PM | Reply | Newsworthy 1

DOJ certainly to appeal.

I wouldn't be so certain, for a few reasons.

She made it clear in an interim order back on 8/27 that she intended to appoint a special master. Judges rarely, if ever, change their minds after briefing and argument, especially handpicked ideologues. At that moment DOJ should have started drafting an appeals brief if they had not done so already. After yesterday's order there should be nothing left to do than fill in the blanks. If DOJ doesn't appeal in the next 24-48 hours i would be highly skeptical that they will do it at all.

Additionally, 6 of the 11 appeals judges are Trump appointees, and a 7th is a GWB appointee. There is a strong likelihood that the appeals court will add another layer of bad faith delay on top of that already coming from Judge Cannon. DOJ may determine that it is in their best interests to roll the dice and go along with Cannon's -------- rather than invite even more from others.

#26 | Posted by JOE at 2022-09-06 02:47 PM | Reply

Like I said.

This is all a delay tactic.

Trump will be saved by the Republican Congress of 2023.

#27 | Posted by ClownShack at 2022-09-06 03:03 PM | Reply

I don' see how a Republican Congress can save him........the DOJ won't be taking orders from Congress.

Any delay tactics taken, again, will make them look bad in the eyes of moderates. And if Trump is running, it will be a clear indication they are trying to protect him above the rule of law.

DOJ isn't going after him if they don't have a clear case. In fact, even know I am not sure if they are clearly coming after him.

They are going thru due diligence to see what actually was taken, and if anything hasn't been recovered. And I think they'll decide from there.

#28 | Posted by brass30 at 2022-09-06 03:47 PM | Reply

#28 I disagree that DOJ has any legal question remaining. Trump took documents home that bore classified markings. NARA asked for them back and he stalled, refused, hid things, and lied. The only question left is optics, which is in fact a massive question.

#29 | Posted by JOE at 2022-09-06 03:53 PM | Reply

Joe - I think you probably wrote it better than I did - optics indeed!

Anyone else would be arrested and charged. This is the former President who probably will run for 2024.

Why was Hilary Clinton interviewed by the FBI - but there is no chatter about Trump?

I'd assume because Clinton was just "sloppy" with her issue, while Trump appears to have wanted to hold onto something that did not belong to him and an interview would probably sink him.

#30 | Posted by brass30 at 2022-09-06 04:39 PM | Reply

Executive privilege is being used against the sitting president by a judge, under the argument of executive privilege.

Dark Brandon needs to expand the court. These clowns have stopped making sense.

#31 | Posted by chuffy at 2022-09-06 05:56 PM | Reply

I don' see how a Republican Congress can save him........the DOJ won't be taking orders from Congress.

The DOJ will just be taking their paychecks and pensions from Congress. Guaranteed defunding on Day 1.

#32 | Posted by chuffy at 2022-09-06 06:00 PM | Reply

DOJ isn't going after him if they don't have a clear case.

They have a crystal clear case. Cut and dried.

#33 | Posted by chuffy at 2022-09-06 06:02 PM | Reply

Talk about 'should have recused herself for being appointed by Trump'. Slight 'conflict of interest'. Fairly obvious now she's 'paying the former POTUS and raving Sh*tgibbon back' for her appointment...

Of course Trump wants everything delayed! The man is trying to recapture the White House, by any means necessary, to avoid spending the rest of his Cheeto life locked in a cell...

#34 | Posted by earthmuse at 2022-09-06 09:17 PM | Reply

Unless Trump is arrested and locked up, the whole this will be considered "another Democratic witch-hunt."

They'll campaign on it.

#35 | Posted by ClownShack at 2022-09-06 10:34 PM | Reply

Trump stole nuclear secrets.
America is a joke.

#36 | Posted by Alexandrite at 2022-09-07 04:32 AM | Reply

This judge is corrupt and/or really stupid. This is ridiculous.

It is good that she specifically allowed the security aspect of the investigation to go forward. That is important.

She didn't. It's dead. There's no way anyone can comply with her orders and carry on with the security impact analysis.

#37 | Posted by YAV at 2022-09-07 09:15 AM | Reply

It pays to be able to put the judge that will oversea your case of treason and criminality into office.

#38 | Posted by Wildman62 at 2022-09-07 01:27 PM | Reply

Put in after Trump lost in a lame duck session of Congress by Mitch McConnell and the GOP. She isn't even the judge that should have been picked, either. They really went out of their way for this one.

#39 | Posted by YAV at 2022-09-07 02:35 PM | Reply

DOJ has filed an appeal, right in the timeframe i guessed.

storage.courtlistener.com

#40 | Posted by JOE at 2022-09-08 03:59 PM | Reply

#40 | POSTED BY JOE

Which means the appeals process will go all the way to SCOTUS, which will take months if not a year. This is not good news for those of us seeking justice against this POS former POTUS.

I was hoping DOJ would attempt to revert it back to the DC courts since much of the matter focuses upon executive privilege, which to my knowledge must be addressed in the DC court circuit.

#41 | Posted by rstybeach11 at 2022-09-08 04:03 PM | Reply

Comments are closed for this entry.

Home | Breaking News | Comments | User Blogs | Stats | Back Page | RSS Feed | RSS Spec | DMCA Compliance | Privacy | Copyright 2022 World Readable

Drudge Retort