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

[chancery]

https://s3.documentcloud.org/documents/ ... 112122.pdf

A new filing in the 11th Circuit appeal.

The United States hereby gives notice that John L. Smith has been appointed by the Attorney General as Special Counsel, under authorities including 28 U.S.C. §§ 509, 510, 515, and 533, in order to, inter alia, “conduct the ongoing investigation referenced and described in the United States’ Response to Motion for Judicial Oversight and Additional Relief, Donald J. Trump v. United States, No. 9:22-CV-81294-AMC (S.D. Fla. Aug. 30, 2022) (ECF No. 48 at 5-12), as well as any matters that arose or may arise directly from this investigation or that are within the scope of 28 C.F.R. § 600.4(a).” Order No. 5559-2022 (Nov. 18, 2022). The Appointment Letter signed by the Attorney General and an Appointment Affidavit signed by Special Counsel Smith are attached. Special Counsel Smith has reviewed the filings in this litigation and approves all of the arguments that have been presented in the briefs and will be discussed at the oral argument in this case. Special Counsel Smith’s name will be affixed to future pleadings filed in all matters falling within his appointment.

This is a riot. It's a perfectly appropriate, indeed necessary, piece of housekeeping to advise the court that the identity of one of the parties has changed. Of course it also has the effect of putting on the record a fact that strengthens the government's position, namely that this investigation is a big deal, and that Judge Cannon's order is messing with the wheels of justice.

Lots of lawyers and others who I admire are expressing varying kinds of dismay at the special counsel appointment. I just don't see it. The appointment seems like a straightforward application of Justice Department guidelines, guidelines that seem generally reasonable. And most of the people complaining don't seem to be aware that it wouldn't make any sense for the Department to rush an indictment before it has been able to review the non-classified documents seized at Mar-a-Lago. This is not an easy, straightforward prosecution. I don't see the appointment as causing much, if any, delay.

[RTH10260]

My one observation is that the Special Counsel comes from "the outside", was recently not directly exposed to the inner circles of D.C. DOJ offices, therefore the magats will have difficulty to blame D.C. for all nastiness in this world.

[chancery]

I'll be driving during this afternoon's oral argument.

[Kendra]

Do we know yet who will be live tweeting and/or covering it afterwards?

[Kendra]

Just in: Trump asks federal court in Florida to provide him and his counsel with an unredacted version of the Aug. 5 search warrant affidavit under the Fourth Amendment https://storage.courtlistener.com/recap ... .189.0.pdf

[Ben-Prime]

Just in: Trump asks federal court in Florida to provide him and his counsel with an unredacted version of the Aug. 5 search warrant affidavit under the Fourth Amendment https://storage.courtlistener.com/recap ... .189.0.pdf

Wasn't it already concluded and adjudicated that he only is entitled to a copy of that if actual charges are filed? Or did I miss, misconstrue, or conflate something?

[noblepa]

Wasn't it already concluded and adjudicated that he only is entitled to a copy of that if actual charges are filed? Or did I miss, misconstrue, or conflate something?

That is how I remember it, as well.

[Kendra]

Wasn't it already concluded and adjudicated that he only is entitled to a copy of that if actual charges are filed? Or did I miss, misconstrue, or conflate something?

That is how I remember it, as well.

Me too.

[noblepa]

Wasn't it already concluded and adjudicated that he only is entitled to a copy of that if actual charges are filed? Or did I miss, misconstrue, or conflate something?

They only want the unredacted affidavits so that they can go on Newsmax and OAN (not so much FoxNews) and blast the people who are listed as sources of information.

The only reason for them to have it is for their disinformation campaign.

[Greatgrey]

Wasn't it already concluded and adjudicated that he only is entitled to a copy of that if actual charges are filed? Or did I miss, misconstrue, or conflate something?

They only want the unredacted affidavits so that they can go on Newsmax and OAN (not so much FoxNews) and blast the people who are listed as sources of information.

The only reason for them to have it is for their disinformation campaign.

“Your secret is safe with me, wink wink”.

E1F102A6-C765-44B5-9D15-06CA47AE0333.jpeg (85.73 KiB) Viewed 903 times

[Kendra]

The 4th Amendment does not require this; in fact, law enforcement has a right to keep investigations covert and a subject/target cannot learn what evidence the government has, at this stage. If charged, he can and will get this information.

[Foggy]

You gotta love it - on the very day when the 11th Circuit is going to take oral argument on whether Aileen Cannon has jurisdiction to do ANYTHING AT ALL in this case ... Trump is in there asking her to do new stuff that she won't have any authority to do.

She can order whatever the heck she wants today, and good luck in her future endeavors.

But the 11th Circuit is about to pull the rug out.

Boom, bad judge fall down go boom.

Edit: Notice that it's just a Motion, not an Expedited motion or an Emergency motion. Which means take your time, judge. It means the DOJ has weeks to file an opposition, and then Trump has more time to file a reply brief, and then it might get scheduled for oral hearing ... or who the hell knows, Judge Cannon could grant the motion this afternoon without even hearing from the DOJ about it. In Cannonland, anything is possible. But the DOJ won't just hand it over, they'll add this to the appeal.

[Kendra]

The DOJ informs Judge Cannon that special counsel Jack Smith has taken charge of the Mar-a-Lago investigation — and with it, the case before her.

(They submitted a similar notification before the 11th Circuit, where proceedings are imminent in an appeal.)

[RTH10260]

Question: would not the original court for the search warrant, magistrate judge Reinhart, be the one to file this, not the Loose Cannon court?

[Kendra]

[Dr. Ken]

[Dr. Ken]

[Foggy]

The post above shows the value of the bird site.

But I wouldn't be surprised if the 11th Circuit had an opinion pre-written and issued it before the Thanksgiving holiday (i.e., mañana).

That's not a prediction. In fact, probably not that soon ... but soon.

It's still an expedited appeal, of course.

[p0rtia]

I'd love to read the transcript of this hearing. I've looked but I guess it's not available yet.

[chancery]

This link should take you to a page where you can listen to the argument. I’m visiting family and haven’t listened yet.

[Frater I*I]

This link should take you to a page where you can listen to the argument. I’m visiting family and haven’t listened yet.

I think you forgot the link.....

[chancery]

https://www.ca11.uscourts.gov/oral-argument-recordings

[andersweinstein]

https://www.ca11.uscourts.gov/oral-argument-recordings

CSPAN also has this audio. I find it a little bit nicer presentation -- still pictures of the speakers appears on-screen, and you can up playback speed to get through it faster if you like, and read auto-generated closed captions.

https://www.c-span.org/video/?524393-1/ ... ments&live

[northland10]

BREAKING: so this hearing isn't going well for donald. Judge Pryor just asked Jim Trusty "If you didn't even argue the 1st Richey factor, what are we even doing here?"

While Pryor was not on the first panel, I assume he would need no primer on Richey or even a reminder of what the panel said on the original injunction.

The 1st Richey factor is callous disregard (emphasis below is mine):

We begin, as the district court did, with “callous disregard,” which is the “foremost consideration” in determining whether a court should exercise its equitable jurisdiction. United States v. Chapman, 559 F.2d 402, 406 (5th Cir. 1977). Indeed, our precedent emphasizes the “indispensability of an accurate allegation of callous disregard.” Id. (alteration accepted and quotation omitted).

Here, the district court concluded that Plaintiff did not show that the United States acted in callous disregard of his constitutional rights. Doc. No. 64 at 9. No party contests the district court’s finding in this regard. The absence of this “indispensab[le]” factor in the Richey analysis is reason enough to conclude that the district court abused its discretion in exercising equitable jurisdiction here. Chapman, 559 F.2d at 406.

Yet, Trump's lawyers failed to argue a key point from the earlier opinion. They telegraphed that if you can't get past this, you are dead in the water. They still did not argue it?

Yes, I know. They're stuck because their client demands they do something, but the law gives them nothing.

They laid out the other Richey factors for completeness, but it is quite clear that if they cannot get through the first one, they have nothing, despite the apparently thinking of Loose Cannon, who avoids actual things like law and precedence.

[Foggy]

For an IANAL, that is truly incisive analysis.

And yes, the court telegraphed AGAIN that Cannon had no authority to do anything in the criminal investigation, which made such a deep impression on Trump’s lawyers that they went back to her yesterday.

"Give us the unredacted search warrant application, so we can go after the stoolies."

... and you know Judge Cannon would cater to their every whim, without the 11th Circuit riding her ass.