DOJ Appeals Trump Judges Special Master Ruling

[Delldude]

??

Judge agrees to appoint 'special master' in Giuliani case

NEW YORK (AP) — A judge said Friday that he will appoint a “special master” to oversee a review of electronic files seized from Rudy Giuliani and another lawyer to make sure investigators can’t get access to protected communications with their clients, including former President Donald Trump.

apnews.com

 

[Delldude]

In fact they told Canno to vacate her ruling

SCOTUS

 

[WorldWatcher]

SCOTUS

SCOTUS what?

The FPOTUS and his team had until yesterday to file a notice of appeal. They decided not to appeal the 11th Circuits Ruling invalidating Judge Cannon's ruling.

WW

 

[Delldude]

SCOTUS what?

The FPOTUS and his team had until yesterday to file a notice of appeal. They decided not to appeal the 11th Circuits Ruling invalidating Judge Cannon's ruling.

WW

No reocursee?

 

[WorldWatcher]

No reocursee?

They had recourse, they could have appealed to the SCOTUS (or filed a notice of appeal requesting an extension of the deadline to finish drafting the filing) however the FPOTUS and his lawyers decided not to appeal.

So for this case - Judge Cannon's incorrect appointment of a Special Master - yes it's dead.

They probably looked at how badly Judge Cannon's reasoning was and at how well the 11th Circuits decision eviscerated the Special Master appointment and decided to not go to the SCOTUS for another embarrassing defeat.

WW

 

[Delldude]

They had recourse, they could have appealed to the SCOTUS (or filed a notice of appeal requesting an extension of the deadline to finish drafting the filing) however the FPOTUS and his lawyers decided not to appeal.

So for this case - Judge Cannon's incorrect appointment of a Special Master - yes it's dead.

They probably looked at how badly Judge Cannon's reasoning was and at how well the 11th Circuits decision eviscerated the Special Master appointment and decided to not go to the SCOTUS for another embarrassing defeat.

WW

Kind of moot. The SM's term was pretty close to ending.

 

[Fort Fun Indiana]

No reocursee?

There is really no benefit for team Trump in appealing. The special master has made it clear that all of ther arguments were hot garbage. They know his review would just have confirmed the DOJs review.

 

[WorldWatcher]

Kind of moot. The SM's term was pretty close to ending.

Yes, Judge Dearies work was probably close to being completed.

But the ruling wasn't moot as Judge Dearies report was going to be turned over to Judge Cannon who had ultimate authority (at the District court level) to accept or reject Judge Dearies' recommendations. Therefore able to hide documents from the DOJ's ability to used them in a criminal case.

With the 11th Circuits evisceration of her decision and the order dismiss, she (Judge Cannon) is no longer in a position to interfere with the investigation.

WW

 

[Delldude]

Yes, Judge Dearies work was probably close to being completed.

But the ruling wasn't moot as Judge Dearies report was going to be turned over to Judge Cannon who had ultimate authority (at the District court level) to accept or reject Judge Dearies' recommendations. Therefore able to hide documents from the DOJ's ability to used them in a criminal case.

With the 11th Circuits evisceration of her decision and the order dismiss, she (Judge Cannon) is no longer in a position to interfere with the investigation.

WW

The SM was to determine what documents were privileged....not hide documents that the DOJ already has.
The 'moot' investigation.

 

[WorldWatcher]

The SM was to determine what documents were privileged....not hide documents that the DOJ already has.
The 'moot' investigation.

The Special Master was to make recommendations to Judge Cannon. It was Judge Cannon that would have the final call.

The purpose of the filing requesting a Special Master was specifically to restrict access (i.e. hide) documents that had already been collected from being used in future criminal investigations. The types of "privilege" are varied and include:

• Attorney/Client Privilege (The DOJ was already filtering them out for return)
• Personal Records (The DOJ was already filtering them out for return).
• Executive Privilege Records (There is a legal dispute as to the status of these records. One from which Judge Cannon can no longer be involved. FPOTUS claims he can withhold records [i.e. hide] records he wants to call "Executive Privileged" from the Executive Department. The DOJ's position is that (a) he can't claim Executive Privilege to withhold documents from the Executive Branch, and (b) he can't claim documents are Executive Privilege as a means of impeding a criminal investigation.)
• Presidential Records as defined by the PRA of 1978 which are government property and the FPOTUS had to right to claim ownership of.

So "privilege" used alone is kind of ambiguous.

WW

 

[Delldude]

The Special Master was to make recommendations to Judge Cannon. It was Judge Cannon that would have the final call.

The purpose of the filing requesting a Special Master was specifically to restrict access (i.e. hide) documents that had already been collected from being used in future criminal investigations. The types of "privilege" are varied and include:

• Attorney/Client Privilege (The DOJ was already filtering them out for return)
• Personal Records (The DOJ was already filtering them out for return).
• Executive Privilege Records (There is a legal dispute as to the status of these records. One from which Judge Cannon can no longer be involved. FPOTUS claims he can withhold records [i.e. hide] records he wants to call "Executive Privileged" from the Executive Department. The DOJ's position is that (a) he can't claim Executive Privilege to withhold documents from the Executive Branch, and (b) he can't claim documents are Executive Privilege as a means of impeding a criminal investigation.)
• Presidential Records as defined by the PRA of 1978 which are government property and the FPOTUS had to right to claim ownership of.

So "privilege" used alone is kind of ambiguous.

WW

Like I said, documents DOJ already had...

 

[WorldWatcher]

Like I said, documents DOJ already had...

And as was previously pointed out could not be used once Judge Cannon issued her decision on the Special Master request. The DOJ was enjoined from continuing the investigation. Now the Special Master order was dismissed and the DOJ can move forward with the investigation without Judge Cannon's interference.

(NOTE: DOJ appealed the classified portion and won re: 107 classified documents.)

(NOTE 2: DOJ also appealed the non-classified portion and won taking Judge Cannon completely out of the equation allowing them to further investigate approximately 22,000 pages of Presidential Records that were, and are, government property. Personal papers and attorney/client documents not included as the DOJ was already returning those.)

WW

 

[Delldude]

And as was previously pointed out could not be used once Judge Cannon issued her decision on the Special Master request. The DOJ was enjoined from continuing the investigation. Now the Special Master order was dismissed and the DOJ can move forward with the investigation without Judge Cannon's interference.

(NOTE: DOJ appealed the classified portion and won re: 107 classified documents.)

(NOTE 2: DOJ also appealed the non-classified portion and won taking Judge Cannon completely out of the equation allowing them to further investigate approximately 22,000 pages of Presidential Records that were, and are, government property. Personal papers and attorney/client documents not included as the DOJ was already returning those.)

WW

Still a moot issue.

 

[WorldWatcher]

Still a moot issue.

Yes, now that the case before Judge Cannon has been dismissed and no longer impacting the investigation.

This is true.

WW