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If anyone would like to write to Judge Cannon and let her know what you think of her decision:

aileen_cannon@flsd.uscourts.gov\

Please write. The more the merrier.

Res Ipsa wrote: ↑

Fri Sep 16, 2022 12:28 am

… (the) government can keep personal, non privileged documents as evidence unless Trump files a motion under Criminal Rule 45(g) and makes the required showing.

That’ll happen after everything has been sorted by the SM, just so that Trump can delay the entire process a bit more, and give himself additional time to grift off of the situation.

Tell me where I go wrong on Trump's legal strategy.

plan C: delay until nobody cares

plan B: "I acted under counsel" -- lawyers take the fall. (I don't think this works for many aside from Teflon Don)

plan A: Trump-friendly judge and/or SM or anyone else who can be roped in to confuse the situation says, "huh, they say the documents are theirs, he says it's possible they are his, how can we really know for sure?

Say what you will about his lawyers being dumb and admitting all kinds of guilt, but I don't think he's got a better strategy, and I give it 60-40 odds of working for him -- no charges.

And then if he gets charged and goes to trial, it only takes one right-winger on the jury to bring the case down.

MeDotOrg wrote: ↑

Fri Sep 16, 2022 2:22 am

If anyone would like to write to Judge Cannon and let her know what you think of her decision:

aileen_cannon@flsd.uscourts.gov\

Please write. The more the merrier.

Please don’t. Harassing a judge isn’t the way to get a federal judge to change her mind.

At the end she highlighted that parties should be treated the same under the law despite who they are, but that she is looking at this specific case with a former president and it is unprecedented so she can make unprecedented decisions. In the court fillings Trump and his lawyers, I don't believe have actually asserted that Trump has declassified any of these documents, and ignores that even if he did then those documents would necessarily be marked by the classification that it had been declassified. So the documents marked classified are the governments and Trump can't get them back. She makes some hand wavy well Trump doesn't know exactly what is in those documents so he can't know specifically if he has declassified them, but it ignores that a president can't just mentally claim he declassified something, there is a process that makes it clear.

Res Ipsa wrote: ↑

Fri Sep 16, 2022 3:41 am

Harassing a judge isn’t the way to get a federal judge to change her mind.

Such a judge would probably double down on her feeling that Trump, being anointed as special, is worthy of getting the documents he stole back. She might even try to issue a permit and preemptive pardon to fulfill his wish to shoot somebody on 5th Avenue.

Res Ipsa wrote: ↑

Fri Sep 16, 2022 12:28 am

[...]Trump will get copies of all documents seized by the FBI. [...]

<<<Insert Facepalm Here>>>

Doctor Steuss wrote: ↑

Fri Sep 16, 2022 3:39 pm

Res Ipsa wrote: ↑

Fri Sep 16, 2022 12:28 am

[...]Trump will get copies of all documents seized by the FBI. [...]

<<<Insert Facepalm Here>>>

Yeah, although I think delay is a significant motive, I think the early look at what the FBI considers evidence is tactically more important than the delay.

Trump will not get copies of the documents marked “classified” and is not permitted to review them himself.

The DOJ has filed a motion with the Court of Appeals asking for the same partial stay pending appeal that Judge Cannon denied. The DOJ got some of its national security lawyers involved and I think this is the DOJ’s strongest brief yet.

https://s3.documentcloud.org/documents/ ... 091622.pdf

One question not addressed is the standard of review that will apply on appeal. That is important for deciding whether the government is likely to succeed on appeal. As the DOJ describes the exercise of jurisdiction as discretionary, I’m guessing it will be abuse of discretion. In other words, did Judge Cannon abuse her discretion by exercising jurisdiction and entering her order? This standard is deferential to Judge Cannon. If it were a pure question of law, the standard would be de novo — The Court of Appeals gets to decide the issue as if were the trial court. It is not deferential to Judge Cannon at all.

Although this motion is limited to the documents marked as classified, the Notice of Appeal isn’t limited. The DOJ can appeal the entire order appointing a special master.

Trump gets to respond and the government gets to reply. I haven’t seen any request for an accelerated schedule.

The Appeals Court majority is Trump nominees. Might this affect their decision in favor of Trump?