Doc7505
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- Feb 16, 2016
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Has Merrick Garland screwed up the Mar-a-Lago case?
Has Merrick Garland screwed up the Mar-a-Lago case?
As things now stand, Cannon has rendered an indefensible and politically partisan decision.
thehill.com
Merrick Garland is supposed to be a pretty good lawyer. Harvard Law School, federal prosecutor, federal judge, Supreme Court nominee, attorney general presiding over the Department of Justice (DOJ) — all the cake, most of the icing, without the cherry.
But some of my former prosecutor friends tell me that he may have overlooked a key procedural point in his current joust with former President Trump over the Mar-a-Lago documents. On Sept. 8, Garland filed a notice of appeal to the 11th Circuit Court of Appeals from the special master order of Florida District Judge Aileen Cannon.
Simultaneously, he moved the inexperienced Trump-appointed Cannon to modify her order granting Trump’s motion to appoint a special master and gratuitously (Trump never asked for such relief) enjoining the government from “further review and use of any of the materials seized from [Trump’s] residence” (the FBI said it had already reviewed it all) “for criminal investigative purposes, pending resolution of the special master’s review process.”
~Snip~
What is so perplexing about the way Garland has proceeded is that it is Hornbook law in the federal courts that the filing of a notice of appeal divests the district court of jurisdiction. If Cannon has no jurisdiction, she has no power to act, and the issue of the injunction must be brought before the conservative 11th Circuit Court of Appeals, where six of the 11 active judges are Trump appointees.
~Snip~
At the moment, the case is a procedural mess. Even if the government persuades Cannon that she made a terrible mistake, she may have no jurisdiction to rectify it because the government has filed a notice of appeal. The government has already said it will return personal documents to Trump. But for the moment, neither the FBI nor DOJ can look at or make use of 100 classified documents because of a blanket claim of privilege that can’t possibly succeed.
So, if the FBI and DOJ can’t look at them, who can? Has Cannon bought into the MAGA trope that the FBI and the Justice Department are “vicious monsters”? Have we really come to this? As things now stand, Cannon has rendered an indefensible and politically partisan decision.
Commentary:
From the get-go Merrick Garland has shown the ineptness. One could than the God's that he was not given the opportunity to become a life long Supreme Court Judge.
I don't believe that AG Garland would go after Trump on his own.
The Maoist/DSA Democrat Commies are desperate to keep their power and projects in motion.
It's my personal believe that Biden's personal bias and hate was behind the Mar a Lago raid.
With the latest revelations that FBI agents were using and calling the Media inside the SCIF facility within Mar a Lago.
One cab on;y say that the actions of the DoJ directed by Garland and the FBi-STASI led by Wray has become a bad Keystone Kop episode in a long line of criminally comical errors
