Donnie Dumptruck says Mar-A-Lago's been searched by the FBI

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Order here (24 pages) https://storage.courtlistener.com/recap/gov.uscourts.flsd.618763/gov.uscourts.flsd.618763.64.0.pdf

She split the baby and stopped the Govt from using the seized material for CRIMINAL investigative purposes, but is still allowing them to use it for national security assessment purposes.

I'd expect DOJ to appeal since this is a bad precedent.

Former DOJ trial lawyer here and I think DOJ would be foolish to appeal for two reasons. One, Trump did this primarily for delay and an appeal would delay things further and, secondly, the Eleventh Circuit is likely to come down in Trump’s favor.

Given the nature of the situation, the Eleventh Circuit (and then SCOUTS) would probably take this up pretty quickly. And if they're inclined to side with Trump, they won't order a stay of Cannon's order in the meantime (since a stay of the injunction would mean DOJ could continue to review the documents in the meantime). So if they appeal, the special master proceeding probably moves forward in tandem with the appeal, thus resulting in no delay if DOJ loses on appeal.

Which is exactly why DOJ would be foolish to appeal this. A SCOTUS decision in favor of Trump would be horrible.

So is leaving Cannon's decision standing unchallenged. You seem to have a severely misguided sense of what is within DOJ's control right now.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Order here (24 pages) https://storage.courtlistener.com/recap/gov.uscourts.flsd.618763/gov.uscourts.flsd.618763.64.0.pdf

She split the baby and stopped the Govt from using the seized material for CRIMINAL investigative purposes, but is still allowing them to use it for national security assessment purposes.

I'd expect DOJ to appeal since this is a bad precedent.

Former DOJ trial lawyer here and I think DOJ would be foolish to appeal for two reasons. One, Trump did this primarily for delay and an appeal would delay things further and, secondly, the Eleventh Circuit is likely to come down in Trump’s favor.

Given the nature of the situation, the Eleventh Circuit (and then SCOUTS) would probably take this up pretty quickly. And if they're inclined to side with Trump, they won't order a stay of Cannon's order in the meantime (since a stay of the injunction would mean DOJ could continue to review the documents in the meantime). So if they appeal, the special master proceeding probably moves forward in tandem with the appeal, thus resulting in no delay if DOJ loses on appeal.

Which is exactly why DOJ would be foolish to appeal this. A SCOTUS decision in favor of Trump would be horrible.

Not appealing would be a fourth rate partisan federal judge would be creating a whole new special law and follow-on rules. Why or how is that appropriate?

[Anonymous]

[Anonymous]

[Anonymous]

Many have said that Trump’s judicial picks were a mess. We were right.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Order here (24 pages) https://storage.courtlistener.com/recap/gov.uscourts.flsd.618763/gov.uscourts.flsd.618763.64.0.pdf

She split the baby and stopped the Govt from using the seized material for CRIMINAL investigative purposes, but is still allowing them to use it for national security assessment purposes.

I'd expect DOJ to appeal since this is a bad precedent.

Former DOJ trial lawyer here and I think DOJ would be foolish to appeal for two reasons. One, Trump did this primarily for delay and an appeal would delay things further and, secondly, the Eleventh Circuit is likely to come down in Trump’s favor.

Given the nature of the situation, the Eleventh Circuit (and then SCOUTS) would probably take this up pretty quickly. And if they're inclined to side with Trump, they won't order a stay of Cannon's order in the meantime (since a stay of the injunction would mean DOJ could continue to review the documents in the meantime). So if they appeal, the special master proceeding probably moves forward in tandem with the appeal, thus resulting in no delay if DOJ loses on appeal.

Which is exactly why DOJ would be foolish to appeal this. A SCOTUS decision in favor of Trump would be horrible.

So is leaving Cannon's decision standing unchallenged. You seem to have a severely misguided sense of what is within DOJ's control right now.

DP the trump/republican judges will take care of this for Trump. DOJ would have to get a non federalist judge but it will end up at the SCOTUS. That decision has already been written by SCOTUS.

[Anonymous]

Trump’s request for a special master is likely a self-inflicted legal blow since his filings admit to the transgression of which Trump is accused -- keeping classified information at his home. This is not a Trump win.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Order here (24 pages) https://storage.courtlistener.com/recap/gov.uscourts.flsd.618763/gov.uscourts.flsd.618763.64.0.pdf

She split the baby and stopped the Govt from using the seized material for CRIMINAL investigative purposes, but is still allowing them to use it for national security assessment purposes.

I'd expect DOJ to appeal since this is a bad precedent.

Former DOJ trial lawyer here and I think DOJ would be foolish to appeal for two reasons. One, Trump did this primarily for delay and an appeal would delay things further and, secondly, the Eleventh Circuit is likely to come down in Trump’s favor.

Given the nature of the situation, the Eleventh Circuit (and then SCOUTS) would probably take this up pretty quickly. And if they're inclined to side with Trump, they won't order a stay of Cannon's order in the meantime (since a stay of the injunction would mean DOJ could continue to review the documents in the meantime). So if they appeal, the special master proceeding probably moves forward in tandem with the appeal, thus resulting in no delay if DOJ loses on appeal.

Which is exactly why DOJ would be foolish to appeal this. A SCOTUS decision in favor of Trump would be horrible.

So is leaving Cannon's decision standing unchallenged. You seem to have a severely misguided sense of what is within DOJ's control right now.

DP the trump/republican judges will take care of this for Trump. DOJ would have to get a non federalist judge but it will end up at the SCOTUS. That decision has already been written by SCOTUS.

If SCOTUS ultimately upholds Cannon's decision, then DOJ is in the same position it is now with respect to the criminal investigation. In the long run, this kind of judicial overreach and abandonment of legal principles will make the case for more fundamental judicial reform that much stronger.

[Anonymous]

I don't understand how ODNI can continue its review if DOJ is barred from reviewing the documents pending review by the special master. Won't ODNI need information/evidence from DOJ about who might have handled or had access to the documents while they were at Mar-a-Lago in order to evaluate the extent of any harm to national security? How is ODNI going to get that information if they cannot discuss the documents with DOJ?

[Anonymous]

Anonymous wrote:The judge's misguided order will be stayed by teh 11th circuit and that will be the end of it.

What a horrible partisan hack. She should be impeached for lying on her application questionaire that she would recuse herself from any Trump related cases.

The composition of the 11 active judges is —

GW Bush - 1
Clinton - 1
Obama - 3
Trump - 6

Four if the Senior Judges are Reagan/Bush Sr. It is UltraMAGA.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Order here (24 pages) https://storage.courtlistener.com/recap/gov.uscourts.flsd.618763/gov.uscourts.flsd.618763.64.0.pdf

She split the baby and stopped the Govt from using the seized material for CRIMINAL investigative purposes, but is still allowing them to use it for national security assessment purposes.

I'd expect DOJ to appeal since this is a bad precedent.

Former DOJ trial lawyer here and I think DOJ would be foolish to appeal for two reasons. One, Trump did this primarily for delay and an appeal would delay things further and, secondly, the Eleventh Circuit is likely to come down in Trump’s favor.

Given the nature of the situation, the Eleventh Circuit (and then SCOUTS) would probably take this up pretty quickly. And if they're inclined to side with Trump, they won't order a stay of Cannon's order in the meantime (since a stay of the injunction would mean DOJ could continue to review the documents in the meantime). So if they appeal, the special master proceeding probably moves forward in tandem with the appeal, thus resulting in no delay if DOJ loses on appeal.

Which is exactly why DOJ would be foolish to appeal this. A SCOTUS decision in favor of Trump would be horrible.

Not appealing would be a fourth rate partisan federal judge would be creating a whole new special law and follow-on rules. Why or how is that appropriate?

A poorly reasoned, legally unjustified district court ruling is better that a poorly reasoned, legally injustified appellate ruling.

[Anonymous]

On whether DOJ appeals, I think a lot of that will depend on information we don’t have about the status of the criminal investigation. If it’s at a point where it can only proceed based on information obtained from those documents, the investigation will effectively come to a halt while the injunction is in place. In that case, it might be better not to appeal to minimize the time SCOTUS might jam this up by holding it for consideration without issuing a stay on the underlying order while Cannon stays the special master proceeding while the appeal is pending. If DOJ had other means of continuing the investigation and perhaps indicting people around Trump without having to use information gleaned from the documents, then perhaps it appeals given the significance of the issues in play, knowing that it can keep moving forward with its investigation no matter how SCOTUS tries to hijack it. If anything, an appeal by DOJ might be a worrying sign for Trump that they are not afraid of his stall tactics.

[Anonymous]

Anonymous wrote:I expect the special master selected will somehow be partial to Trump.

At this rate it’s going to be Mike Flynn.

[Anonymous]

If Trump prevailed on this theory of executive privilege, wouldn't it also effectively prohibit any future administration from investigating alleged wrongdoing by Democratic administrations because they could just assert executive privilege over every record created by the executive branch during their own administration?

[Anonymous]

Anonymous wrote:On whether DOJ appeals, I think a lot of that will depend on information we don’t have about the status of the criminal investigation. If it’s at a point where it can only proceed based on information obtained from those documents, the investigation will effectively come to a halt while the injunction is in place. In that case, it might be better not to appeal to minimize the time SCOTUS might jam this up by holding it for consideration without issuing a stay on the underlying order while Cannon stays the special master proceeding while the appeal is pending. If DOJ had other means of continuing the investigation and perhaps indicting people around Trump without having to use information gleaned from the documents, then perhaps it appeals given the significance of the issues in play, knowing that it can keep moving forward with its investigation no matter how SCOTUS tries to hijack it. If anything, an appeal by DOJ might be a worrying sign for Trump that they are not afraid of his stall tactics.

The DOJ can continue to bring witnesses before the DC grand jury and use the tranches of documents previously obtained from MAL. Given the degree of lack of care demonstrated by Trump it seems highly probable he had a stash at his Manhattan penthouse and at Bedminster. Maybe a few in his golf bag for good measure. DOJ could pivot to an investigation of Trump attorney Habbarelating to her certification that she personally conducted a thorough search of the Trump Tower penthouse and MAL. They can also subpoena Bobb to ask about the basis of her own certification and who performed the search. DOJ can interview people seen entering and leaving the MAL storage room. The May grand jury subpoena was not limited to documents with classification markings at MAL. It sought all documents with classification markings with the possession, custody or control of Trump. It goes to heart of the obstruction case.