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

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#3426

Post by Greatgrey »

Reality Check wrote: Fri Dec 02, 2022 1:42 pm My non-legal reading of this motion:
Dear Judge #LooseCannon:

Since the 11th Circuit just ruled to shut down your clown show in a week why don't we all just cool our heels and see if by some miracle the full panel or SCOTUS steps in. That will save everyone from wasting time and money. We asked the other side to join in the motion but they are still in shock from seeing their most favorite judge, i. e. you get shot down.

Respectfully
Special Counsel Jack Smith
Trumpco response: We wanna spend more money!

Trump files opposition to 7 day extension.

https://storage.courtlistener.com/recap ... 95.0_1.pdf
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What's the Frequency, Kenneth?
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#3427

Post by Kendra »


Trump is opposing a DOJ request to Judge Cannon to delay special master deadlines in light of the appeals court ruling throwing out the entire special master process.

Notably, Trump doesn’t indicate whether he will appeal the panel’s order.
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#3428

Post by noblepa »

TFG thinks that his bought-and-paid-for SCOTUS Justices will come through for him. They OWE him!!
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#3429

Post by noblepa »

If the 11th's order to dismiss the case is not overturned or stayed, what will happen to Judge Dearie's work? Will he issue his report, or, will he simply file it away, on the grounds that the issue is moot?
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#3430

Post by cjroberts »

noblepa wrote: Fri Dec 02, 2022 3:14 pm If the 11th's order to dismiss the case is not overturned or stayed, what will happen to Judge Dearie's work? Will he issue his report, or, will he simply file it away, on the grounds that the issue is moot?
And will he get paid?
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#3431

Post by jemcanada2 »

Now we wait and see if Loose Cannon wants to continue to beclown herself for tfg’s benefit. She wasn’t smart enough to take the last exit ramp the DOJ and 11th offered her, so answer is: :8ball:

:popcorn: :popcorn:
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#3432

Post by Gupwalla »

cjroberts wrote: Fri Dec 02, 2022 3:29 pm
noblepa wrote: Fri Dec 02, 2022 3:14 pm If the 11th's order to dismiss the case is not overturned or stayed, what will happen to Judge Dearie's work? Will he issue his report, or, will he simply file it away, on the grounds that the issue is moot?
And will he get paid?
Dearie himself is on the federal payroll - he’s a federal judge in senior status and he gets a paycheck as long as he does the equivalent of three months of work a year. It’s an official form of “quiet quitting” or “retirement while working,” and it’s allowed because blah blah life tenure.
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#3433

Post by cjroberts »

Gupwalla wrote: Fri Dec 02, 2022 3:54 pm
cjroberts wrote: Fri Dec 02, 2022 3:29 pm
noblepa wrote: Fri Dec 02, 2022 3:14 pm If the 11th's order to dismiss the case is not overturned or stayed, what will happen to Judge Dearie's work? Will he issue his report, or, will he simply file it away, on the grounds that the issue is moot?
And will he get paid?
Dearie himself is on the federal payroll - he’s a federal judge in senior status and he gets a paycheck as long as he does the equivalent of three months of work a year. It’s an official form of “quiet quitting” or “retirement while working,” and it’s allowed because blah blah life tenure.
I think he declined the court-ordered pay in this instance, but reserved payment for others working with him, including at least one attorney not on the Federal payroll. Trump was ordered to pay, but with that order vacated, Trump doesn't even have to check on Chapters 7, 11, or 13 of the Art of the Steal to get out of paying.
Go Land Crabs!
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#3434

Post by bob »

noblepa wrote: Fri Dec 02, 2022 3:14 pm If the 11th's order to dismiss the case is not overturned or stayed, what will happen to Judge Dearie's work? Will he issue his report, or, will he simply file it away, on the grounds that the issue is moot?
We'll likely never see it.

If the 11th's vacation stands, it means the district court lacked the jurisdiction ever to appoint a special master. In turn, the special master lacks the jurisdiction to do anything (other than to acknowledge the lack of jurisdiction and peace out).
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#3435

Post by humblescribe »

Judge Dearie should do what all the cool cats and kittens have done of late:

Write a book about it.
"Some cause happiness wherever they go; others whenever they go." O. Wilde
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#3436

Post by Chilidog »

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#3437

Post by Ben-Prime »

humblescribe wrote: Fri Dec 02, 2022 5:11 pm Judge Dearie should do what all the cool cats and kittens have done of late:

Write a book about it.
Alas, both Arthur Rimbaud and Eddie & The Cruisers, at the very least, have taken "A Season in Hell".
But the sunshine aye shall light the sky,
As round and round we run;
And the truth shall ever come uppermost,
And justice shall be done.

- Charles Mackay, "Eternal Justice"
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#3438

Post by Gupwalla »

Dearie’s work so far seems to involve (a) sorting stuff into piles, (b) suggesting to the parties that despite their apparent dispute over certain documents, they actually agree on the correct classification when you read more closely, and (c) throwing the occasional old-judge shade at the incompetence of the new-judge who roped him into all this.

I’m not so sure that makes for a compelling book. Maybe the briefs themselves would make a nice epistolary novella?
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#3439

Post by bob »

Too also: the special master has a duty of confidentiality.

On top of the fact this case is about, well, classified information.

The juiciest details likely will never be known publicly.
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#3440

Post by Foggy »

Absolutely we won't hear the juiciest details about this case this week, which will be in Trump’s phone calls to his friend Ginni T.

He has her cell phone number, of course. And he has some juicy things to tell her. :mrgreen:
Out from under. :thumbsup:
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#3441

Post by Tiredretiredlawyer »

Will Dearie's staff get paid as part of his federal tenure?
"Mickey Mouse and I grew up together." - Ruthie Tompson, Disney animation checker and scene planner and one of the first women to become a member of the International Photographers Union in 1952.
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#3442

Post by RTH10260 »

Question: could Judge Dearie "take judicial notice" of the appeals court ruling, even though he is not operating a court case but a special master function, and put the case on ice until further notice?
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#3443

Post by noblepa »

bob wrote: Fri Dec 02, 2022 4:25 pm
noblepa wrote: Fri Dec 02, 2022 3:14 pm If the 11th's order to dismiss the case is not overturned or stayed, what will happen to Judge Dearie's work? Will he issue his report, or, will he simply file it away, on the grounds that the issue is moot?
We'll likely never see it.

If the 11th's vacation stands, it means the district court lacked the jurisdiction ever to appoint a special master. In turn, the special master lacks the jurisdiction to do anything (other than to acknowledge the lack of jurisdiction and peace out).
You are probably right that there will be no official report. But the work papers of Judge Dearie and his team will be preserved, won'[t they? I can't imagine that they will be destroyed, but IANAL.

Could the non-classified portions of those work papers be obtained via a FOIA request?
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#3444

Post by bob »

noblepa wrote: Sat Dec 03, 2022 12:12 pm But the work papers of Judge Dearie and his team will be preserved, won'[t they? I can't imagine that they will be destroyed, but IANAL.
Likely archived, sure. But never published.
Could the non-classified portions of those work papers be obtained via a FOIA request?
No: you can't FOIA request to see a judge's notes.

Or, more precisely, you can try. And you'll receive a laundry list of the applicable FOIA exceptions that justify withholding.
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#3445

Post by chancery »

bob wrote: Fri Dec 02, 2022 11:40 am
Foggy wrote: Fri Dec 02, 2022 6:31 am So I'm going to say no. No stay. He might try PREB, but won't get a stay, and he will try the Supremes, but he won't get a stay.
"For the record," I did say a stay-pending-briefing stay. Like, we give you a week to come up with something. Except, due to the holidays, it might be a month.

I say this because there's already an injunction in place. So status quo (for now) is to maintain the injunction.
Yabut ... the injunction was issued based on imposing but vague claims of a need to protect privilege claims. The attorney-client privilege claims have evaporated down to a nubbin, and the executive privilege claims are largely discredited.

Cessante ratione legis cessat ipsa lex. An argument for maintaining the injunction because it's the status quo strikes me as inappropriately mechanical, unless Trump can muster concrete arguments for irreparable harm and likelihood of success on the merits. We're no longer operating under Cannon Law.
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#3446

Post by northland10 »

Cannon Law.... :lol:
101010 :towel:
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#3447

Post by Reality Check »

northland10 wrote: Sat Dec 03, 2022 2:10 pm Cannon Law.... :lol:
:yeahthat: That was good.
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#3448

Post by chancery »

noblepa wrote: Sat Dec 03, 2022 12:12 pm You are probably right that there will be no official report. But the work papers of Judge Dearie and his team will be preserved, won'[t they? I can't imagine that they will be destroyed, but IANAL.

Could the non-classified portions of those work papers be obtained via a FOIA request?
No. FOIA doesn't apply to federal court.
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#3449

Post by bob »

chancery wrote: Sat Dec 03, 2022 1:45 pm Cessante ratione legis cessat ipsa lex. An argument for maintaining the injunction because it's the status quo strikes me as inappropriately mechanical, unless Trump can muster concrete arguments for irreparable harm and likelihood of success on the merits. We're no longer operating under Cannon Law.
Oh, I agree. Which is why I think it'll be just a stay-pending-briefing stay, i.e., you get a stay for a week to file something; if you file something before then, then the stay is extended until we rule on what you filed.

Even if the thing filed is just an application for a stay pending the filing of a cert. petition.

Taking away the publicity and noxious litigant, it is a common-enough move for appellate courts, especially federal ones.
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#3450

Post by chancery »

bob wrote: Fri Dec 02, 2022 2:09 pm
Reality Check wrote: Fri Dec 02, 2022 1:42 pm Since the 11th Circuit just ruled to shut down your clown show in a week why don't we all just cool our heels and see if by some miracle the full panel or SCOTUS steps in. That will save everyone from wasting time and money. We asked the other side to join in the motion but they are still in shock from seeing their most favorite judge, i. e. you get shot down.
:yeahthat:

And, specifically, it asks for three pending deadlines to be pushed back a week.

Notably, the special master's report. Which, if a stay is granted and this motion is granted, would now be due the Friday before Christmas. :towel:
Judge Cannon's failure to grant, or even act on, the government's reasonable request for extensions of all Special Master deadlines strikes me as unprofessional, certainly inconsiderate, and in fact openly vindictive.
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