Fogbow

Tiredretiredlawyer wrote: ↑Wed Sep 14, 2022 9:43 am Thanks to Gregg and N10 for the Sov Cits Tour Guide Michigan Edition!

Judge Cannon has been taking a bit of a beating all week for her decision. The criticism, some of it vituperative, has contained a lot of falsehoods and a considerable dollop of conspiracy theorizing, and it has often ascribed partisan motive for the ruling.

All of which might under normal circumstances tempt our contrarian hearts to try to defend the opinion.

But Cannon’s opinion actually defies defense. It is an epic mess, one that manages to do violence to a remarkable number of distinct areas of law in an admirable economy of only 24 pages.

The opinion is likely to be short lived—and, as such, might normally not be worth significant comment. As the constitutional scholar Charles Black once wrote, while “the insignificant error, however palpable, can stand, because the convenience of settlement outweighs the discomfort of error[,] the hugely consequential error cannot stand and does not stand.” Whether this opinion will be gone in a week or will take a little longer, it will very likely not stand.

That said, the decision is worth critiquing in depth not just because of its importance to one of the central news stories of the day but also because of the number of its errors, their magnitude, and their capacity for disruption of perhaps the highest-profile national security investigation in American history.

What follows is a brief summary of the four major errors in Cannon’s opinion.

Error #1: The court has no jurisdiction over this matter.

Error #2: A district court has no authority to block a criminal investigation.

Error #3: The ruling is simply incoherent with respect to executive privilege.

Error #4: Normal people don’t get special masters when the FBI executes search warrants against them.

Former President Trump told me this AM that everything he took to Mar-A-Lago was declassified, and that he has done nothing wrong in connection with alternative slates of electors and cannot be indicted as a result. Audio and transcript will post soon.

TRUMP on Hugh Hewitt's show, says he has not been asked to testify before the Jan. 6 grand jury nor has he received a target letter of any kind.

He says (falsely) that alternate slates of electors are "very common." Besides crackpot submissions, that's not true.

Chilidog wrote: ↑Thu Sep 15, 2022 11:37 am So, what is the possibility that Christina Bobb is the FBI informant?

Chilidog wrote: ↑Thu Sep 15, 2022 11:37 am So, what is the possibility that Christina Bobb is the FBI informant?

Dave from down under wrote: ↑Wed Aug 31, 2022 7:29 am “developed evidence” - I’m guessing from an FBI agent (or informant) being a guest or on staff - possibly with video of accessing the various areas.

Kendra wrote: ↑Thu Sep 15, 2022 10:29 am Isn't today the day we get a response from the judge?

RTH10260 wrote: ↑Thu Sep 15, 2022 12:12 pm returning to this post

Dave from down under wrote: ↑Wed Aug 31, 2022 7:29 am “developed evidence” - I’m guessing from an FBI agent (or informant) being a guest or on staff - possibly with video of accessing the various areas.

My guess is not on a person, but that the FBI had been looking at timestamps and issue dates of documents that NARA had received from MaL, then they determined that there were gaps on the timeline, infering missing packs of documents. Speculation: after receiving the notification from NARA about classified documents, they may have gotten access to a limited list of documents that were handed out at the former WH but never returned to secure storage.

New: Trump's Save America PAC has paid $3m to cover Chris Kise's legal work

Kendra wrote: ↑Thu Sep 15, 2022 7:26 pm

Why is she so favored towards tfg?

Kriselda Gray wrote: ↑Thu Sep 15, 2022 7:30 pm I realkly hope her career suffers for her blatant non-professionalism and clear bias. I know it won't happen, but my dream would be to see her impeached. She has no business being a judge.