Trump's Classified Docs Theft: Mar-A-Lago, FBI Subpoenas, Searches & Seizures - DOJ, Garland, GOP Madness - Spy Hard

[RTH10260]

"... the newly appointed special master: Judge Raymond Dearie ..."

Did any party ever ask Judge Dearie if he is available asap or faster. Cannon thinks he should work like a whirlwind if I understand the rest of her sentence and drop all other work in favour of the former guy.

[Kriselda Gray]

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.

Seriously folks, absent evidence of payment or instructions from MAGA-land to Judge Cannon, it's a category error to think that her execrable decisions could form the basis for an impeachment. If it were otherwise, every federal judge not appointed by a Republican president -- and most Republican appointees not appointed by Trump -- would be impeached, convicted, and removed six months after the next time the Republicans take both houses of Congress.

That's why I said I knew it wouldn't happen and that this was my dream.

[Greatgrey]

"... the newly appointed special master: Judge Raymond Dearie ..."

Did any party ever ask Judge Dearie if he is available asap or faster. Cannon thinks he should work like a whirlwind if I understand the rest of her sentence and drop all other work in favour of the former guy.

From the DOJ filing on last Friday, Document 86

0A5DC1CF-4559-44CA-A78B-00113CDB419A.jpeg (338.87 KiB) Viewed 1195 times

[RTH10260]

H/T to GG!

[Greatgrey]

Looking ahead to the appeal, here’s the RIKKER to the docket

https://www.courtlistener.com/docket/65 ... ed-states/

Who is this Clark Cunningham fellow who filed an Amicus brief? He seems prolific, got his self inserted into the TX v PA election shit filed by Paxton. Here’s his CV http://www.clarkcunningham.org/

(Just for everyone's info, RECAP don't work completely on the Appellate court system)

[Chilidog]

If not mistaken, the DOJ can pick a single judge to hear their appeal.

[p0rtia]

If not mistaken, the DOJ can pick a single judge to hear their appeal.

I heard "three judge panel", but then we've heard a lot of things.

[Chilidog]

If not mistaken, the DOJ can pick a single judge to hear their appeal.

[chancery]

If not mistaken, the DOJ can pick a single judge to hear their appeal.

No. Not so but far otherwise (h/t Kipling).

DOJ can't pick anything.

Federal appeals are decided by a panel of three judges. The parties have no control over the composition of the panel, and what little information circuit courts reveal about the assignment process does not permit prediction as to particular cases.

Motions -- such as motions for a stay of the lower court order pending resolution of the appeal -- are decided either by a three judge motion panel or, sometimes, by a single circuit judge. Parties have no control over the assignment of circuit judges to motion panels, and no control over whether a motion will be decided by a full 3 judge panel or by a single judge.

[raison de arizona]

Sounds like Russian Roulette.

Thanks for the explanation!

[much ado]

IANAL, but just guessing from the attention that this decision will get, that the 11th Circuit would want a three-judge panel to review the appeal.

Just a WAG.

[Gregg]

A Federal Judge wrote in a Decision tonight that she doesn't believe that documents marked and presented as Classified are in fact Classified just because the FBI says they are.
Mind you. Trump's lawyers don't say they're not Classified, just that they might be.
But Judge Judy is gonna go with the maybe here.

That astounds me.

[Chilidog]

If not mistaken, the DOJ can pick a single judge to hear their appeal.

No. Not so but far otherwise (h/t Kipling).

DOJ can't pick anything.

Federal appeals are decided by a panel of three judges. The parties have no control over the composition of the panel, and what little information circuit courts reveal about the assignment process does not permit prediction as to particular cases.

Motions -- such as motions for a stay of the lower court order pending resolution of the appeal -- are decided either by a three judge motion panel or, sometimes, by a single circuit judge. Parties have no control over the assignment of circuit judges to motion panels, and no control over whether a motion will be decided by a full 3 judge panel or by a single judge.

This was pointed out elsewhere on the internet, but in the 11th circuit rules:

A motion under this Rule 8(a)(2) must be filed with the circuit clerk and normally will be considered by a panel of the court. But in an exceptional case in which time requirements make that procedure impracticable, the motion may be made to and considered by a single judge.

https://www.ca11.uscourts.gov/sites/def ... _AUG22.pdf

Does this apply?

"Made to and considered by a single judge," would seem to allow them to pick the judge.

[RTH10260]

A Federal Judge wrote in a Decision tonight that she doesn't believe that documents marked and presented as Classified are in fact Classified just because the FBI says they are.
Mind you. Trump's lawyers don't say they're not Classified, just that they might be.
But Judge Judy is gonna go with the maybe here.

That astounds me.

That's absurd, cause how will the Special Master determine that the markings of varying classification levels are valid without consulting a myriad of agencies on their intention? Or is it the claim by the plaintiff, the former guy, that he "said it was declassified", but how does the Special Master sniff the papers to determine that the madick happened? Will he consult the database used for handling of classified documents to verify that the papers are actually registered?

[RVInit]

A sane judge who is concerned about national security should be asking Plaintiff point blank "did you declassify these documents?" In the absence of his declassifying them while he had the authority to do so, they were handed to him as classified, and so they remain classified.

One thing I can say about these MAGA judges - I so look forward to the fact that we will no longer be a country with prisons filled to the brim. I mean, if they are going to be this skeptical of prosecutors and law enforcement, maybe they will end up doing us this favor of ending the practice of incarcerating so many of our fellow citizens.

Oh, wait...

[RTH10260]

Have your attorney show up in court with buffalo horns and warpaint and you win your case

[RVInit]

Have your attorney show up in court with buffalo horns and warpaint and you win your case

Off Topic

Something tells me this will work fine if you are lily white underneath all that warpaint. But if not,,,

[Foggy]

Y'all will have to forgive me, I'm in Bathysphere or wherever it is, and I missed it maybe.

Has the appeal been filed yet? If so, does it include an emergency motion for a stay/partial stay?

If not, I assume we'll see that today.

Edit: I did, howsoever, remove the entry for the court's order from the Fogbow Calendar. But any new dates would be appreciated.

[raison de arizona]

What to know about Judge Raymond Dearie, the Mar-a-Lago search special master

Judge Aileen Cannon has appointed Judge Raymond Dearie as the special master to review documents seized during a court-approved search of former President Donald Trump's Florida home in August.

Dearie, 78, a former chief judge of the federal court in the Eastern District of New York, was one of the special master candidates suggested by Trump whom the Justice Department did not object to.

Cannon directed Dearie to issue interim reports and recommendations "as appropriate" during the review and set a Nov. 30 deadline to complete his work. The Justice Department has said it will appeal the order for a special master.

Here's what you need to know about the special master's background.

https://www.npr.org/2022/09/16/11227259 ... ster-trump

[Kendra]

Hannity: Is there anything that prohibits you from releasing those videotapes?
Habba: You know why we wouldn't, honestly, Sean? Because the president cares too much about the agents and the enforcement that were just doing their job.

[Foggy]

I'm OK with the order, I was expecting it. I mean, it's a terrible order but there are still a lot of options available.

What is DOJ doing next?

[raison de arizona]

Special Master Dearie orders counsel to Brooklyn on Tuesday. Looks like he isn't messing around.

[Volkonski]

The case is being heard in Florida. Is it usual for a special master to call meetings 1200 miles distant?

[RTH10260]

It's my guess that he will later be working in D.C., the docs are there with the FBI. And its just about the same distance for each counsel to turn up.

[Slim Cognito]

trump to start screaming, "This isn't the plan!!! Why hasn't he returned my documents!!!!????!!!!" in 3...2...