Friday, September 16, 2022

Judge Cannon issues two new orders, both in favor of Trump

1.  She appointed District Judge Raymond Dearie to be the Special Master.

2.  She denied DOJ's motion for partial stay.

DOJ will now head to the 11th Circuit.

Politico covers the orders here:

While Cannon’s timeline appears to extend Dearie’s review well past the November midterm elections, she did instruct him “to prioritize review of the approximately 100 documents marked as classified (and papers physically attached thereto),” meaning it’s possible prosecutors could regain access to some or all of those materials before they get another look at the other records seized in the FBI’s Aug. 8 search of the Trump’s Florida estate.


Last week, the Justice Department appealed Cannon’s order to appoint a special master and indicated it would seek relief from the 11th U.S. Circuit Court of Appeals if she did not agree to delay aspects of her ruling by Thursday night. .

The ruling is another setback for federal prosecutors, who have expressed alarm at the extraordinarily sensitive records they found in boxes intermingled with Trump’s personal items in his Mar-a-Lago storage room, as well as some recovered from his office. The Justice Department has warned that Cannon’s Sept. 5 order — which enjoined the department from furthering its criminal review of the documents seized by FBI agents — had also disrupted a parallel risk assessment of those documents by the intelligence community. Though Cannon allowed that review to continue, the Justice Department emphasized that her order had sown confusion within the executive branch.

In one nod to the Justice Department, Cannon ordered Trump to shoulder the full cost of Dearie’s review, as well as that for any staff or associates he hires.

17 comments:

  1. Anonymous9:12 AM

    She does not care about her legacy or blowback. She is only concerned about delaying the process for dear leader

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  2. Anonymous9:15 AM

    laughingstock

    ReplyDelete
  3. Anonymous10:12 AM

    At least Politico is forthright about the fact that this is all about the midterm elections, and that what concerns the administration is having the value of its carefully timed raid diminished by a disruption in that timeline.

    Trump is vile, maybe downright evil. But weaponizing prosecutions to go after political opponents (viz. 40 warrants executed this week including against the pillow guy) is far scarier than Trump.

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  4. Anonymous10:31 AM

    @9:12, the DOJ didn't object to Dearie.

    So why does his appointment warrant your comment? Can you explain?

    ReplyDelete
  5. Anonymous10:46 AM

    DOJ didn't object to Dearie because the Judge was bending over backward for Trump, and Trump's only proposed alternative was worse. This judge is a
    nightmare.

    ReplyDelete
    Replies
    1. Anonymous7:55 PM

      ...said her CRD that recently quit!

      Delete
  6. Anonymous10:47 AM

    There are some odd comments here. Fuck Trump in the ear. But let's take a breath here guys. Why is anyone making a fuss over the appointment of the Special Master? The government agreed to Judge Dearie, there is no allegation of ANY ACTUAL HARM (i.e. no documents or information has been leaked to anyone who didn't have the authority to see them). What is the actual problem?

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  7. Anonymous11:38 AM

    People are making a fuss over it because these same protections are not given to anyone else in this district. There is a bipartisan consensus that her work is feeble.

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  8. Anonymous2:21 PM

    "There is a bipartisan consensus that her work is feeble."

    Is that right? And who made such a finding? You and your one republican friend at the water cooler?

    Also, and may I ask, since when has the defense bar been so pro government? I thought the general ethos of the defense bar is/was to protect against government overreach. I would think that the readership here would be pleased that a federal judge is offering the very kind of protections that we would all like for our clients (I believe the word you are looking for is "precedent"). And more, that the readers here would be the best suited to separate the man from the charges.

    ReplyDelete
    Replies
    1. Anonymous5:34 PM

      Wow if you don't sound like AMC!

      Delete
  9. Anonymous3:38 PM

    The "actual problem" is the perception--solidified by a federal judge--that Trump is above the law, and our law is a joke.

    ReplyDelete
  10. Anonymous4:36 PM

    @338 - so, this is form over function?

    I can't honestly be the only "liberal" who sees that this is just the Hillary emails all over. Except now the democratic leaning folks are the ones who are up in arms. Like I said then, there are no allegations that people who weren't supposed to see the documents or information saw them. We're a creating a judicial process nightmare for pure partisan spectacle.

    Btw, I have had a special master appointed in cases that I have been a part of. This is not that big a deal. Chicken little, stop crying that the sky is falling.

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  11. Anonymous6:31 AM

    Geez! I had a case where the clients drivers license and passport were found in a bag with a kilo of cocaine. Sounds like I should’ve requested a special master. Rule 3 should be arriving any day now.

    ReplyDelete
  12. This piece by Matt Taibbi -- no Trump apparatchik he -- is a deeply important one.

    https://taibbi.substack.com/p/the-justice-department-was-dangerous-dbe?r=5mz1&s=w&utm_campaign=post&utm_medium=web


    This isn't about Trump, it really isn't. Due process considerations are never, ultimately, about the case where they arise, but rather all the cases to come.

    When you cede power to the state to go after those whom you hate, that state will still have that power when those whom you hate control the state. That's why process matters. This latest with Trump is just, well, the latest -- sadly, probably not any sort of culmination -- in a long progression of increasingly unbridled prosecutorial power. (Read Taibbi.)

    Trump is loathsome, that's a given. So imagine the executive branch back in his control, or the control of someone you'd consider worse. And make THAT the standard by which you asses state action against him and his allies, lest he and his allies be empowered to do the same to you and yours.

    Taint teams? Really? Never has a phrase been so apt. If J. Cannon's order stands and operates as precedent, and more special masters are appointed, and -- perhaps -- the DOJ begins to consider these tactics may not be worth it, that is all to the good.

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  13. Anonymous1:04 PM

    What tactics? Executing a search warrant after multiple attempts to secure the documents?

    ReplyDelete
  14. Anonymous9:00 PM

    So @1:04, you are not even going to pretend to have read the article he posted, right? Just Orange Man Bad and that's all that matters.

    ReplyDelete