Judge Grants Trump’s Special Master Motion

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Res Ipsa
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Judge Grants Trump’s Special Master Motion

Post by Res Ipsa »

Here is the order granting Trump’s motion:

https://storage.courtlistener.com/recap ... 3.64.0.pdf

I just finished reading the order. I haven’t read any commentary or evaluation on it.

My biggest issue all along has been jurisdiction. I thought the government made the better argument on jurisdiction, but that doesn’t mean the government was right.

I haven’t read all the cases cited in the order, but the argument Judge Cannon lays out for why she has equitable jurisdiction looks pretty solid to me. She clearly took both parties’ arguments seriously and evaluated them in light of the case law.

The most important thing to me is that the order looks pretty darn reasonable, at least on first reading. I don’t see any indication that the judge is in the tank for Trump.

So, a special master will be appointed (with the appropriate security clearance).

The special master will reveal review everything seized. They will write a report to the judge (likely filled under seal) that addresses which items are subject to attorney client privilege, which are subject to executive privilege, which are presidential papers, and which are personal property of no evidential value (and so returnable to Trump).

The parties will then be able to file briefs addressing the report. Then the judge will make the final decision on whether to accept some, all, or none of the report.

During this process, the FBI investigative team will have no access to the seized property. However, the ONDI review will continue.

Note I’m heading to law Twitter to learn what I missed.

ETA: Too much hysteria on law Twitter right now. Gonna have to wait for some non-handwringing legal analysis.
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Binger
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Re: Judge Grants Trump’s Special Master Motion

Post by Binger »

Res Ipsa wrote:
Mon Sep 05, 2022 4:45 pm

During this process, the FBI investigative team will have no access to the seized property. However, the ONDI review will continue.

Note I’m heading to law Twitter to learn what I missed.
Gadianton was correct.

Consider Robert Barnes. You will disagree with him outright because of his politics. You will not see him on the media networks. He has not been wrong.
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Doctor CamNC4Me
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Re: Judge Grants Trump’s Special Master Motion

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RI,

On pg 19 the Judge talks about “injunctive relief.” Would you mind translating that into layman’s terms? I don’t get it.

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Re: Judge Grants Trump’s Special Master Motion

Post by Res Ipsa »

Doctor CamNC4Me wrote:
Mon Sep 05, 2022 5:21 pm
RI,

On pg 19 the Judge talks about “injunctive relief.” Would you mind translating that into layman’s terms? I don’t get it.

- Doc
Sure. Injunctive relief is when the court orders someone to take action or to not take some action. In this case, it’s the judge’s order that the FBI can’t use the documents in its investigation until the special master process is complete.
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Re: Judge Grants Trump’s Special Master Motion

Post by Doctor CamNC4Me »

Res Ipsa wrote:
Mon Sep 05, 2022 5:54 pm
Doctor CamNC4Me wrote:
Mon Sep 05, 2022 5:21 pm
RI,

On pg 19 the Judge talks about “injunctive relief.” Would you mind translating that into layman’s terms? I don’t get it.

- Doc
Sure. Injunctive relief is when the court orders someone to take action or to not take some action. In this case, it’s the judge’s order that the FBI can’t use the documents in its investigation until the special master process is complete.
Perfect. Thank you.

- Doc
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3. Curiosity is feigned.
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Re: Judge Grants Trump’s Special Master Motion

Post by Binger »

Res Ipsa wrote:
Mon Sep 05, 2022 5:54 pm
In this case, it’s the judge’s order that the FBI can’t use the documents in its investigation until the special master process is complete.
And, to Gadianton's point, that is unlikely to happen before the election. It is mindboggling that the DOJ did not ask for the special master, except that, well, they had a different agenda.
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Re: Judge Grants Trump’s Special Master Motion

Post by Doctor CamNC4Me »

Binger wrote:
Mon Sep 05, 2022 6:43 pm
Res Ipsa wrote:
Mon Sep 05, 2022 5:54 pm
In this case, it’s the judge’s order that the FBI can’t use the documents in its investigation until the special master process is complete.
And, to Gadianton's point, that is unlikely to happen before the election. It is mindboggling that the DOJ did not ask for the special master, except that, well, they had a different agenda.
Bing Bong’s Law in full effect!

RI,

What’s your take with regard to “reputational harm”? Why would that even factor in since the former President, or his proxies, stole classified information? I doubt most judges care about a thief’s reputation?

eta:
As a function of Plaintiff’s former position as President of the United States, the stigma associated with the subject seizure is in a league of its own. A future indictment, based to any degree on property that ought to be returned, would result in reputational harm of a decidedly different order of magnitude
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3. Curiosity is feigned.
4. Lying is performative.
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Re: Judge Grants Trump’s Special Master Motion

Post by Binger »

Doctor CamNC4Me wrote:
Mon Sep 05, 2022 7:24 pm
Binger wrote:
Mon Sep 05, 2022 6:43 pm


And, to Gadianton's point, that is unlikely to happen before the election. It is mindboggling that the DOJ did not ask for the special master, except that, well, they had a different agenda.
Bing Bong’s Law in full effect!

RI,

What’s your take with regard to “reputational harm”? Why would that even factor in since the former President, or his proxies, stole classified information? I doubt most judges care about a thief’s reputation?

eta:
As a function of Plaintiff’s former position as President of the United States, the stigma associated with the subject seizure is in a league of its own. A future indictment, based to any degree on property that ought to be returned, would result in reputational harm of a decidedly different order of magnitude
- Doc
If you set your assumptions and theories and rumors from CNN aside, you will find that many reputations are on the line here. Including branches.
93982D91-CBC4-402E-91DB-9EB58C70214E.jpeg
93982D91-CBC4-402E-91DB-9EB58C70214E.jpeg (93.05 KiB) Viewed 309 times
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Doctor CamNC4Me
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Re: Judge Grants Trump’s Special Master Motion

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Image

Guess who is a 5 on this scale?

- Doc
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2. Every utterance has a winner or a loser.
3. Curiosity is feigned.
4. Lying is performative.
5. Stupidity is power.
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Binger
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Re: Judge Grants Trump’s Special Master Motion

Post by Binger »

Robert Barnes wrote:Trump Order Issued
Highlighted, as customary. I would have been much more aggressive, both as counsel, and as a court, to highlight the abuses present and past, the unilateral right to declare what is a personal record rather than Presidential, the fact of declassification, and the like. If I were Judge, I would have returned all property, and found the warrant a callous disregard of Constitutional rights. But Trump's lawyers are mostly ex-government wimps, so no surprise they did none of the above, and thus gave the court less to operate on. The court still stopped the case and appointed the special master. Most notably, the court detailed much of the documents seized were not classified, but often privileged or personal, including tax records, accounting records, medical records, confirming my hypothesis on the Sunday show -- their secondary objective (other than getting back Deep State docs that made the Deep State look bad) was to try to get Kompromat on Trump; hence the scale of the seizures, the spying/searching of the personal materials of Melania and Barron, etc.
The narrative continues to slide and morph. The DOJ and FBI and Garland and the "Executive Branch" referenced in the documents were all hoping this would peak at about 64 days from now. I do not think they can hold the line.

If you are interested in the highlighted sections reference in the intro, please let me know.
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