Sunday, August 28, 2022

Here comes the Special Master

If you recall, Judge Cannon showed some skepticism over Trump's lawsuit requesting a special master and ordered Trump's legal team to beef up its request.

They did so Friday evening in this pleading.

The next day, before DOJ could respond, Judge Cannon issued a preliminary order saying that she was inclined to appoint a special master.   

The government will have a chance to respond by Tuesday and then the Court will have a hearing on Thursday.  But this all seems beside the point as Cannon will likely follow through and appoint a special master.  

Here's hoping we get special masters in any case in which sensitive or privileged material is being reviewed by DOJ. Criminal defense lawyers have long complained about  DOJ's filter process, but the 11th Circuit recently turned back a challenge to a filter team in U.S. v. Korf.  Perhaps the Trump case will make some headway with the issues of having DOJ doing its own filter of privileged or otherwise sensitive documents.

21 comments:

  1. Anonymous3:01 PM

    I totally agree. She should be fair and appoint Roger Stone or perhaps the Ghost of Roy Cohn.

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  2. Anonymous7:38 AM

    I’ll do it

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  3. Anonymous7:54 AM

    DOM, do tell, how well do you trust the DOJ to investigate their own and come to a conclusive finding?

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  4. Anonymous9:56 AM

    Judge Cannon:

    Let me humbly propose the following as special masters


    Tucker Carlson
    John Eastman
    Michael Lindell
    Sam Alito
    Lin Wood
    QAnon Shaman




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  5. Anonymous10:02 AM

    Miguel Estrada
    Ursula Ungaro
    Tom Scott
    Roy Black

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  6. Anonymous10:45 AM

    Go ahead and appoint one, there isn't going to be jackshit in there that is privileged.

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  7. Anonymous11:06 AM

    bill clay, michael von zampt, phil hubbart, jack denaro.

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  8. Anonymous11:38 AM

    I think DOM could be fair.

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  9. Anonymous11:45 AM

    We still haven't gotten to the bottom of Clinton's emails.

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  10. In fact, @10:45, the prosecutors have already said there is at least a limited number of privileged documents in the haul.

    https://www.reuters.com/world/us/trumps-home-search-unearthed-some-documents-covered-by-attorney-client-privilege-2022-08-29/

    And I've always found the concept of self-appointed DOJ "taint teams" to be pretty cold comfort for defendants. My guess is that anyone who's ever had a case where that was in play -- I have, even as a civil practitioner -- has had doubts.

    Laud or loathe him, we're talking about a former president. We're setting precedents that are going to hold when the political tables turn. Whatever outcome one wishes for this -- whether it's Trump triumphant or Trump indicted -- isn't it better for everyone if the process unfolds with as much caution as possible? How would appointment of a special master hurt?

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  11. Anonymous1:01 PM

    I bever thought that I would view the FBI as biased or evil. I now lump them with the Miami Police Dept

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  12. Anonymous1:52 PM

    1:01 please go back to Truth Social

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  13. Anonymous4:14 PM

    Only Trump has the power to make liberal criminal defense attorneys embrace the DOJ and the FBI. The dude only seems to have this sort of sway over libs and dems. It's truly fascinating. All of the people who say the FBI/DOJ are as crooked as the day is long are totally cool with them as long as Trump is the one they think is going to take it on the chin. The DOJ going after an ex president is fun until (like the moronic filibuster reform cooked up by Harry Reid) your guy is the one whose home they raid after he loses an election, or before he tries to run for POTUS.

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  14. Anonymous5:34 PM

    No one is "embracing" DOJ and the FBI. See below.

    No one really say they are "crooked." They are massive institutions that are filled with good and bad actors.

    They did not "raid" his house

    Reid only played the game the GOP had long played.

    But thanks for your thoughts judge.

    Trump is not going to "take it on the chin." He will not be federally indicted.

    They are not "going after him" they gave him multiple opportunities to remedy the issue

    [and I'm old enough to remember FBI and DOJ tanking HRC and you MAGAs loving it]

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  15. Anonymous5:40 PM

    Cannon just appointed 4:14 as special master

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  16. Anonymous7:26 PM

    Can’t wait for them to file a snap motion to suppress and for Canon to accept jurisdiction over it!

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  17. Judge Cannon respectfully I am swamped so I must say no.

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  18. Anonymous9:55 AM

    Reid played the game the GOP had long played? What? The GOP never tried to remove the filibuster from judicial nominations until after Reid acted first (and was told by McConnell that he would regret it). And no one had ever filibustered a judicial nomination until the dems filibustered Miguel Estrada's nomination because he was Hispanic (yes they explicitly said that).

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  19. Anonymous10:22 AM

    A Senate led by Sen. Harry Reid (D-NV) gave President George W. Bush 68 confirmations over the last two years of his presidency. President Bill Clinton had 73 confirmations, and President George H.W. Bush had 122, including Justice Clarence Thomas, over the same period—also with a Senate led by the opposing party.

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  20. Anonymous8:06 AM

    SO Judge Cannon has now rushed to issue an order before the government can put its position into the record. Motion to Reconsider should be filed asap. As an appeals attorney, she is sensitive about the record... follow the documents!

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