I don't get why such a BFD is being made of this special master motion, and here's why:

[Ocelot II]

1. Documents subject to attorney-client privilege have already been identified and separated out by the FBI's review team.

2. Even if a SM is appointed, and if some documents are determined to be subject to executive privilege, it doesn't mean TFG gets them back; they still have to be returned to the National Archives.

3. Executive privilege is only a qualified privilege, as Nixon found out the hard way re: the Watergate tapes. If there is incriminating info in any of the documents indicating the commission of a crime it could be used against him (same re: the crime/fraud exception to the attorney-client privilege).

4. The main thing is this: The specific content of any allegedly privileged documents isn't important; the important thing is that TFG unlawfully removed government documents from the WH, then refused to give them back, then lied about whether he still had any. This is the crime, so it doesn't matter what the documents actually are. All of them belong to the National Archives and not to him.

So, whatever is eventually decided about a special master is a side show. The investigation will go on regardless, and the crimes of taking and refusing to return government documents (no matter what they are), obstructing an investigation by lying to the FBI about having returned all of them, and violating the Espionage Act by mishandling national security materials, can be charged no matter whether a special master is appointed and no matter what they decide about privileged materials. Let the side show continue...

[underpants]

1. #4 is the bottom line.

Theft and obstruction. Period.

I think he’s just stalling and hoping the SM gives him some sort of WIN to gloat about.

[onetexan]

43. Bingo. TFG thinks he's still POTUS but now he's average don and has no standing.

The MSNBC pundits have been saying this all along. This so-called judge is nuts or doing so deliberately to stall the investigation. Nonetheless it does not stop the DOJ from its investigation given there was no cease & desist order.

[rzemanfl]

2. Indeed. K&R. n/t

[Metaphorical]

3. The intent is to draw things out

so that when the Republicans recapture the House in the fall they can give him a get out of jail free card - at least I believe that's his likely reasoning. I do not think that he's factored in the possibility that the House may very well stay in Democratic hands.

[Ocelot II]

5. But it won't, though that might be the intent, as it usually is.

[Elessar Zappa]

6. Even if Republicans win the House,

they’ll have exactly zero say in what the DOJ does.

[gab13by13]

11. You are correct,

but they would control the purse strings.

[getagrip_already]

4. the ability for tfg to claim EP in place of biden is a BFD!

Likewise that natsec documents are subject to EP. A bfd.

So yea, it is a BFD.

[allegorical oracle]

19. Yeah, from what I'm hearing on Nicolle's show, I get the impression Cannon's mulling over

the executive privilege thingy. If somehow that's bestowed on him -- even in this limited case -- he'll tear this country into shreds. Because he can't do anything in a dignified manner, if given an inch he takes 10 miles.

[brush]

30. He can't claim executive privilege.

Everyone know that so that notion will be thrown out. The only privilege he has is narrow and won't matter in much of the docs. It's attorney/client privilege but that doesn't mean much because the stolen docs are not his property. He won't get them back. All he'll get if anything is a delay.

[getagrip_already]

31. tell that to the judge....

She said she is inclined to allow a master to consider EP claims

[brush]

32. She's inexperienced. Many have noted that.

If she does, he still won't get any stolen docs back. They're government property. All he'll get is delay and more time to whine on social media that he's being prosecuted. On the other hand, the DOJ will be able to reveal the extent of his guilt as more and more of what he stole is revealed by this unforced error he is making by requesting a special master (trump even admitted his guilt by complaining that the the top secret docs in the now famous photo from the search of his office were in cartons not spread out on the rug like that. DUH, see what I mean by unforced error).

Don't fall for the hype

[orangecrush]

40. DOJ said

She can be charged with obstruction.

Make our day.

[getagrip_already]

45. aww c'mon, they didn't say that, nor would they press it in court.....

What they said was it would be obstruction of justice. Yes, that is a crime, but no, they couldn't charge a judge with it in court because of privilege.

What they could do is refer her for either judicial discipline to the courts or to the house. Neither is likely to remove or chasten her.

Hopefully, she will be over ruled on appeal. But she has to issue a ruling first.

[orangecrush]

50. Got me!

Her taking her time is a good sign, right?

She may be taking the heat off of herself by doing so?

[SKKY]

7. He's doing what he always does, drag it out as long as possible...

...that's all this is. A ploy for more time.

[Hermit-The-Prog]

8. Side show? This is yuuuuge...

[Brainfodder]

9. Stalling tactic, these shits are in desperation mode!

Enjoy!

[Voltaire2]

10. The strategy is delay delay delay.

Trump intends to run out the clock. It’s his only path. The hope is that the next president will put an end to the case, for example by pardons. Obviously Trump assumes he will be pardoning himself, but really any Fascist will do.

[Irish_Dem]

12. It is just crisis management and delay tactics. Kool aid for the masses.

Nothing of any substance.

[Thomas Hurt]

13. I could see the Judge doing that just to suit the Pig and keep the Magats from threatening her life.

I still think it is bee ess, but OP makes sense here. We just don't want to see Donnie get away with it.

[Nevilledog]

14. Here

Link to tweet

Tweet text:

Josh Gerstein
·
Sep 1, 2022
@joshgerstein
·
Follow
My takeaway from Trump special master hearing in Mar-a-Lago: Judge is considering an order that could temporarily put all the records seized there off limits to DOJ investigators for a period of time. Story w/@kyledcheney & @nicholaswu12

politico.com
Judge considers temporary limit on DOJ access to Trump documents
Government lawyers argue in hearing that there's 'evidence of three significant federal crimes' but judge may allow special review

She may even allow Trump's team to see the seized records while DOJ can't. Prosecutors tried to maneuver the judge, if she does that, to issue a ruling that DOJ could immediately appeal.
12:27 PM · Sep 1, 2022

https://www.politico.com/news/2022/09/01/trump-lawyers-doj-court-00054521?daqed

WEST PALM BEACH, Fla. — A federal judge indicated Thursday that she’s seriously considering temporarily barring Justice Department investigators from reviewing material seized from Donald Trump’s Mar-a-Lago estate.

U.S. District Court Judge Aileen Cannon suggested that she’s considering issuing that limitation, while potentially allowing an exception for the intelligence community to continue reviewing national security risks from the potential exposure of the seized documents.

Justice Department attorneys pushed back sharply against that outcome, warning against any disruption to their ongoing criminal investigation of Trump’s handling of classified documents. Cannon, who previously said she’s inclined to appoint an outside review of the materials seized form Trump’s estate, appeared undeterred during a two-hour hearing that featured arguments from DOJ counterintelligence officials and Trump’s legal team.

Justice Department attorneys repeatedly pleaded with Cannon not to interrupt their ongoing criminal probe, emphasizing that the search warrant executed on Aug. 8 was clearly valid and authorized to obtain “evidence of three significant federal crimes.”

*snip*

[Ponietz]

16. Ugh

The big deal is knowing which side this judge is on.

[Delphinus]

47. And

I think we all forget that JUSTICE is supposed to be BLIND - equal justice in this country. But it has been shown way too many times that it is NOT equal justice.



Sorry, just had to say that.

[Ponietz]

48. I only meant

Whether she serves the law or mammon. I haven’t forgotten. I swore an oath and honorably served my bar for 25 years.

[Delphinus]

49. Thank you

[mopinko]

15. i think the real intent is to find the rat.

and any other witnesses they can intimidate or bribe.

[d_r]

17. Dude just likes to stall

This isnt his first judicial rodeo and it is his common tactic

[in2herbs]

18. I've been wondering why DOJ has not raised the issue of Cannon's jurisdiction over the

motion since the statute requires all motions be in the DC court.

[onenote]

22. Maybe because that statute isn't applicable here

Here's the statutory language I'm guessing you are referencing:

The United States District Court for the District of Columbia shall have jurisdiction over any action initiated by the former President asserting that a determination made by the Archivist violates the former President’s rights or privileges.


A few things: First, it does not say "exclusive" jurisdiction, which typically is how statutes that limit jurisdiction to a single district are written.

Second, and more significantly, this case isn't about a determination made by the Archivist. The Archivist isn't a party to the suit, does not now have nor has it ever had the documents in question and thus it has not made any determinations about those documents.

The reason the statute states that the DC court has jurisdiction is because the Archives are headquartered in DC, but specific documents made be stored elsewhere and thus, the DC court has jurisdiction even if the Archives has stored the documents elsewhere (such as in a Presidential library).

[davsand]

20. Unless the entire legal team has an advanced clearance how can they see it all?

Even the orange pendejo no longer has clearance. This entire filing seems like a huge circle jerk to me.





Laura

[wiggs]

21. Maybe the SM ruling has more to do with the NEXT search warrants for stolen docs. I would

think that the IC already has the docs, has analyzed what they have, are doing damage assessments, and sources/methods adjustments...a huge effort. Those wheels are already in motion wrt to materials already seized...and appointment of a special master maybe wouldn't affect those processes. Some docs they've had since June, others since the beginning of August so they have certainly looked at them upon receipt and proceeded at an emergency pace.

HOWEVER...a ruling for a special master in this case might very well affect the NEXT search of Trump property and halt it immediately before IC can thoroughly review and act on them.

Is that what this is about...the next search and seizure?

[live love laugh]

23. BFD afaik is disclosure of informant's id's.

That just scares me in light of what’s already happened in the intelligence community.

[Emile]

24. It's called obstructing justice and this judge

could be guilty of it.

[onenote]

33. Nope.

[Jim__]

25. Of course it's a BFD.

In the DOJ response to this request, they stated that they've already reviewed all of the material that is not subject to attorney-client privilege. A special master doesn't accomplish anything but a delay. Trump always wins by repeatedly delaying judicial proceedings. This is nothing but a pointless delay of the proceedings.

From page 3 of the DOJ filing:

... Appointment of a special master is disfavored in a case
such as this. In any event, the government’s filter team has already completed its work of
segregating any seized materials that are potentially subject to attorney-client privilege, and
the government’s investigative team has already reviewed all of the remaining materials,
including any that are potentially subject to claims of executive privilege. Appointment of a
special master to review materials potentially subject to claims of executive privilege would
be particularly inappropriate because binding Supreme Court precedent forecloses Plaintiff’s
argument that review of these materials by personnel within the Executive Branch raises any
such privilege concerns. Furthermore, appointment of a special master would impede the
government’s ongoing criminal investigation and—if the special master were tasked with
reviewing classified documents—would impede the Intelligence Community from
conducting its ongoing review of the national security risk that improper storage of these
highly sensitive materials may have caused and from identifying measures to rectify or
mitigate any damage that improper storage caused. ...

[gibraltar72]

26. Guys like him just want to get through today.

It was just a stall technique. Everyday he just wants to get to tomorrow. If it delayed it a week he'd be successful each day.

[brush]

27. You're right. It's a sideshow and your #4 is exactly the point.

The whole thing of course is to delay, delay and delay by the trump camp...the usual for him.

It's said the judge is not that experienced and may grant it. I hope not so the DOJ can get on with it's case against trump.

[calimary]

28. It's just another delaying tactic.

If you can put a hurdle in the way, THAT'S the strategy.

If you can complicate the issue, THAT'S the strategy.

If you can muddle up the proceedings, THAT'S the strategy.

If you can file an appeal when you don't like the outcome, THAT'S the strategy.

Seems to me that's really all you need to know or understand about trump. He's had decades to try all these tactics and think up moves that work. DELAYING IS A STRATEGY.

I wish I'd hear somebody in the talking-headosphere bring that up. SOMEBODY! PLEASE!!! They literally can't see the forest for the trees here. Or maybe they just don't want to.

[haele]

29. It's a delaying tactic.

He wants to be able to declare his presidency before indictments or hearings come out with real evidence presented so he can claim this is all political theater, locking in GOP "loyalty" by getting his base riled up again. He wants to be able to push any court hearings off until after 2024 when he will supposedly be elected again.

Time is of the essence to him.

Haele

[moonshinegnomie]

34. if the judge grants TFG's request and delays things the DOJ response should be this

1)immediate arrest of TFG for violations of the espionage act and obstruction
2) request he be held without bail until trial since hes a threat
3) charge him in DC so we get real judges instead of tfg's lackeys

[oldsoftie]

35. Too stupid to have asked for it from the start.

He only asked after a lawyer said on TV thats what HE would have done

[Ocelot II]

36. It has occurred to me that where the judge might be heading with this,

assuming recent media reports are accurate, and that she is considering allowing a special master to be appointed, but with limitations, the basis for that decision would be based not on loyalty to TFG but on the judicial philosophy advanced by the Federalist Society, of which she is a member. According to this philosophy, government power in general is limited but the executive should be given broad discretion over all management of the executive branch; this would support the argument that special consideration should be afforded any president's claim of executive privilege, even an ex-president's. We will just have to wait and see where this goes, I guess.

[Warpy]

37. The wheels of justice grind slowly enough

but adding another layer of bureaucracy to this, which is what TFG is demanding, will pour a mixture of sand and molasses into the works, slowing everything down.

[maxrandb]

38. Yes it is to delay, and yes, the judge is a Fascist Society "best judge dark money can buy"

but the most important thing for Donnie Short Fingers, his enablers, his Retrumplican apologists and his asspickle supporters is that they get to claim a win against the "deep state".

They will use this judge to play the Billy Barr role seen in the Russians interference investigation.

Every right wing disinformation megaphone will turn a favorable ruling for the orange amphibian turd into "nothing to see here, move along."

It's what they learned from hate radio. Some complete bullshit would get spewed 24/7, and then you'd start hearing that bullshit at PTA and Parish Council meetings.

[Jarqui]

39. It is a delay tactic

How much of a BFD it is depends on how successful Trump is in delaying.

If she rules for the DoJ, Trump appeals ... more time run off the clock.

If she rules for Trump, depending on how sympathetic she is to Trump, DoJ may appeal.

If it is appealed and Trump doesn't like that decision, he appeals again.

More time gets run off the clock.

If & when a Republican is in the White House and they're looking for judges to promote, her hand can go up ..

[Captain Zero]

41. What if Biden asserted EP over the ML docs?

And said to bring all secret docs to the white house to be LOCKED UP?

GO ON tv and say he's tired of this shitball claiming EP and he is now claiming it.

Then assign the the DNI to review the documents and send them where they belong, because they didn't belong at MaraLoco and Trump is not president.

[Jarqui]

44. He already did over the 15 boxes ages ago in writing

from White House Counsel last spring.

NARA and the DoJ already dealt with Trump whining about executive privilege.
They explained it all to him very clearly.

DoJ probably got Biden to update for the other 45 boxes/collections of documents picked up Aug 8th - if it was needed.

If this judge messes around with this on the basis of executive privilege, there would be a fairly extensive stench to go along with her reasoning. DoJ would appeal it and eventually win.

Why shouldn't Joe Biden have access to his predecessors documents - particularly where classified information is concerned? Trump is in no position of authority to do anything legitimate with it at his premises. The country needs it for its own security.

Prior reasoning has been: you simply can't have two Presidents. If the current President wants the records, his wishes prevail. Period. Trump already was taught that lesson by the Supreme Court in Jan 2022. Trump already tested this and lost badly.

[appleannie1]

42. If the FBI had to get special clearance to read them, so would the special master.

And the master would not be able to share what he/she read to the attorneys. The whole thing is just smoke and mirrors and a delay tactic. Besides, TFG has already read the documents that were requested and are now being used as evidence so the only thing he is trying to find out is who has been talking to the FBI. That should not be a reason for a judge to grant his request. Even if she has been put in her position by TFG.

[FSogol]

46. This is all 2 things: Delay and muddy the waters for his stupid supporters.

Sadly, the press goes along with all Trumpy's schemes which lends credence to his requests.