Judge Grants Trump’s Special Master Motion

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Re: Judge Grants Trump’s Special Master Motion

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I wouldn't be surprised, but it also seems really really dumb as then they would have him for two crimes then, or at least the one when maybe the insurrection was harder. Sort of how they got Al Capone for his taxes. Thankfully he has been quite incompetent, I fear what someone with some brains could do. What would have stopped him from photocopying all this stuff, returning the originals and pretending like that was it. NARA would have been happy, and he could have sold whatever to the highest bidder.
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Re: Judge Grants Trump’s Special Master Motion

Post by Res Ipsa »

Clarence Thomas gave the DOJ a week to respond to Trump’s request for partial reversal of the partial stay.

The 11th Cir. Granted the DOJ’s request for an accelerated briefing schedule. The panel will be randomly selected from those judges that holds sufficient security clearances.
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Re: Judge Grants Trump’s Special Master Motion

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Res Ipsa wrote:
Fri Oct 07, 2022 3:12 pm
Clarence Thomas gave the DOJ a week to respond to Trump’s request for partial reversal of the partial stay.

The 11th Cir. Granted the DOJ’s request for an accelerated briefing schedule. The panel will be randomly selected from those judges that hold sufficient security clearances.
So this will not be forwarded to the Supreme Court?
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Re: Judge Grants Trump’s Special Master Motion

Post by Res Ipsa »

Moksha wrote:
Sat Oct 08, 2022 7:26 am
Res Ipsa wrote:
Fri Oct 07, 2022 3:12 pm
Clarence Thomas gave the DOJ a week to respond to Trump’s request for partial reversal of the partial stay.

The 11th Cir. Granted the DOJ’s request for an accelerated briefing schedule. The panel will be randomly selected from those judges that hold sufficient security clearances.
So this will not be forwarded to the Supreme Court?
If by “this” you mean Trump’s request to reverse part of the 11th Circuit’s partial stay, it’s already before the Supreme Court. Thomas is the Justice assigned to handle motions like this in the first instance. His request for a response from the DOJ isn’t unusual. Thomas can grant the motion himself, deny the motion himself or refer the motion to the entire court. Or the Court itself can choose to decide the motion on its own. If Thomas decides the motion, either party can ask the full court for review. This will all be done on what’s called the Court’s “Shadow docket.”

I expect the DOJ to argue that, because Judge Cannon amended her order, Trump’s request is moot. That should lead Thomas to dismiss the request.

The DOJ’s appeal of the special master order is not before the Supreme Court. Although the Supreme Court has the power to reach down and exercise control over the appeal, doing that would be extremely unusual.

The 11
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Re: Judge Grants Trump’s Special Master Motion

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The DOJ responded to Trump’s request to the Supreme Court. https://www.supremecourt.gov/DocketPDF/ ... %20opp.pdf

We should hear from Justice Thomas or the full court soon.
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Re: Judge Grants Trump’s Special Master Motion

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Res Ipsa wrote:
Wed Oct 12, 2022 1:57 pm
The DOJ responded to Trump’s request to the Supreme Court. https://www.supremecourt.gov/DocketPDF/ ... %20opp.pdf

We should hear from Justice Thomas or the full court soon.
Considering the extreme nature of Ginny's politics, Justice Thomas's best bet is for the full court to take up the case. Then he could vote the Trump way for domestic bliss and hope the rest of the court acts responsibly.
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Re: Judge Grants Trump’s Special Master Motion

Post by Res Ipsa »

Moksha wrote:
Wed Oct 12, 2022 6:05 pm
Res Ipsa wrote:
Wed Oct 12, 2022 1:57 pm
The DOJ responded to Trump’s request to the Supreme Court. https://www.supremecourt.gov/DocketPDF/ ... %20opp.pdf

We should hear from Justice Thomas or the full court soon.
Considering the extreme nature of Ginny's politics, Justice Thomas's best bet is for the full court to take up the case. Then he could vote the Trump way for domestic bliss and hope the rest of the court acts responsibly.
You are a precient penguin. Justice Thomas referred the request to the full court, which denied it.
TRUMP, DONALD J. V. UNITED STATES

The application to vacate the stay entered by the United States Court of Appeals for the Eleventh Circuit on September 21, 2022, presented to Justice Thomas and by him referred to the Court is denied.
That's the whole order.
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Re: Judge Grants Trump’s Special Master Motion

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It cracks me up that Trump keeps going to the "political persecution" well as an excuse for all of his legal troubles, and his idiot followers believe it.

Right, Donald, everyone is out to get you simply they're trying to prevent you from making America great again. It has nothing to do with all the shady crap constantly surrounding you.

Christ, there is no word for the level of stupidity of Trump fans. The entry fee for Trump fanhood is abject idiocy.
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Re: Judge Grants Trump’s Special Master Motion

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The DOJ's appeal of Judge Cannon's order appointing a special master was heard yesterday. I believe the panel was three Trump-appointed Judges. Trusty argued for Trump and got beat up pretty badly. He acknowledged that there was no case that supported Judge Cannon's exercise of anomalous jurisdiction in this situation and that there was a previous decision that is authoritative in the Circuit holding that there is no jurisdiction. His whole argument was "that decision is wrong because ... President Trump." The judges weren't buying what he was selling at all, and one of the three made clear that he thought the whole case was nonsense.

Gun to the head, I'd guess we'll see a 3-0 decision holding that the court has no subject matter jurisdiction, vacating all prior orders, and dismissing the case. Maybe today. Maybe early next week.
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Re: Judge Grants Trump’s Special Master Motion

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It took the Court a few days longer, but it has vacated Judge Cannon’s order granting Trumps motion for appointment of a special master, remanded the case to Canon, and ordered her to dismiss it. If he wants to keep his case alive, his options are to ask the panel to reconsider, ask the court for reconsider en banc (a larger panel of judges), or file a petition of certiorari with the Supreme Court.

The opinion is well reasoned and based in controlling case law. There’s nothing here that will lead a conservative judge or Justice to want to overrule. I’m betting we can turn the lights out on this edition of Disaster Litigation, starring Donald Trump.

https://www.documentcloud.org/documents ... h-c-vacate
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