Judge Grants Trump’s Special Master Motion
Posted: Mon Sep 05, 2022 4:45 pm
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.
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.