General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTigressDem
(5,125 posts)FarPoint
(12,293 posts)It's a nothing burger.
Ocelot II
(115,609 posts)There weren't going to be indictments before the midterms anyhow, and it won't change the eventual outcome. I wonder if DoJ will appeal, though?
onecaliberal
(32,784 posts)Pick his special master too?
Ocelot II
(115,609 posts)Here's the rule on the appointment process: https://www.law.cornell.edu/rules/frcp/rule_53
(1) Scope. Unless a statute provides otherwise, a court may appoint a master only to:
(A) perform duties consented to by the parties;
(B) hold trial proceedings and make or recommend findings of fact on issues to be decided without a jury if appointment is warranted by:
(i) some exceptional condition; or
(ii) the need to perform an accounting or resolve a difficult computation of damages; or
(C) address pretrial and posttrial matters that cannot be effectively and timely addressed by an available district judge or magistrate judge of the district.
(2) Disqualification. A master must not have a relationship to the parties, attorneys, action, or court that would require disqualification of a judge under 28 U.S.C. §455, unless the parties, with the court's approval, consent to the appointment after the master discloses any potential grounds for disqualification.
(3) Possible Expense or Delay. In appointing a master, the court must consider the fairness of imposing the likely expenses on the parties and must protect against unreasonable expense or delay.
(b) Order Appointing a Master.
(1) Notice. Before appointing a master, the court must give the parties notice and an opportunity to be heard. Any party may suggest candidates for appointment.
(2) Contents. The appointing order must direct the master to proceed with all reasonable diligence and must state:
(A) the master's duties, including any investigation or enforcement duties, and any limits on the master's authority under Rule 53(c);
(B) the circumstances, if any, in which the master may communicate ex parte with the court or a party;
(C) the nature of the materials to be preserved and filed as the record of the master's activities;
(D) the time limits, method of filing the record, other procedures, and standards for reviewing the master's orders, findings, and recommendations; and
(E) the basis, terms, and procedure for fixing the master's compensation under Rule 53(g).
(3) Issuing. The court may issue the order only after:
(A) the master files an affidavit disclosing whether there is any ground for disqualification under 28 U.S.C. §455; and
(B) if a ground is disclosed, the parties, with the court's approval, waive the disqualification.
(4) Amending. The order may be amended at any time after notice to the parties and an opportunity to be heard.
bluestarone
(16,872 posts)STALL is their game. No time limit put out by this judge says it all! TFG will NEVER win this BUT it will stall this for i'm guessing months and Months.
in2herbs
(2,944 posts)Ocelot II
(115,609 posts)(2) Payment. The compensation must be paid either:
(A) by a party or parties; or
(B) from a fund or subject matter of the action within the court's control.
(3) Allocating Payment. The court must allocate payment among the parties after considering the nature and amount of the controversy, the parties means, and the extent to which any party is more responsible than other parties for the reference to a master. An interim allocation may be amended to reflect a decision on the merits.
in2herbs
(2,944 posts)we will pay those costs.
If Garland doesn't act ASAP I hope GA will.
onecaliberal
(32,784 posts)No business hearing. And is most likely among the not qualified for the job.
TheBeam19
(344 posts)This is corrupt to the core.
I also sense there will be more tRump homes/sites/ family members home being searched with discovery of MORE classified documents.
TheBeam19
(344 posts)Ocelot II
(115,609 posts)on the contents of the documents - just the fact that they were taken. DOJ has already reviewed them so they know what's in them, and they aren't going to indict anybody before November anyhow. Let's see if DOJ appeals the order.
TheBeam19
(344 posts)a trial jury what they saw/found. Doesnt work that way. In fact, that would be using the information anyway, so it would still violate the judges order.
But I agree lets see what DOJ does now.
Regardless, the Trump teams plan of running out the clock will work, to some degree. Weeks? Months? Sometimes these things take years. This is a bad day for our side.
onecaliberal
(32,784 posts)He basically sold our biggest secrets to Putin and his ilk.
Just possessing them is a crime.
femmedem
(8,197 posts)Nor can they continue to review the documents, according to WaPo.
"U.S. District Judge Aileen M. Cannon wrote in her decision that the Justice Department cannot continue reviewing the materials seized by the FBI at Mar-a-Lago on Aug. 8 or use them in its criminal investigation until the special master concludes his or her assessment. But she ruled that the Office of the Director of National Intelligence would be allowed to continue its ongoing assessment of the possible risk to national security posed by the removal from government custody of classified documents, some of them related to highly sensitive government and intelligence secrets."
https://www.washingtonpost.com/national-security/2022/09/05/trump-special-master-documents/
crickets
(25,952 posts)No paywall: https://archive.ph/geFrK
global1
(25,225 posts)Predictable. Wasn't this a Tr**p judge?
onecaliberal
(32,784 posts)Native
(5,936 posts)Everyone saw this coming.
spanone
(135,795 posts)malaise
(268,717 posts)Fuck them all
tRump and Moscow Mitch got exactly who and what they wanted....
RANDYWILDMAN
(2,664 posts)he is totally delaying and nothing more.
indict that loser and get it over with!!
fightforfreedom
(4,913 posts)I have fucking had it.
BlackSkimmer
(51,308 posts)After chastising those who thought this along.
Response to BlackSkimmer (Reply #14)
Post removed
BlackSkimmer
(51,308 posts)FarPoint
(12,293 posts)fightforfreedom
(4,913 posts)This is different. This is someone stealing the biggest secrets we have and they are debating a special master to look at nothing. This is obvious abuse by a judge to let Trump once again delay. Lets's see how Garland responds.
BlackSkimmer
(51,308 posts)Instead of attacking people, maybe admit you might have been wrong.
BlackSkimmer
(51,308 posts)Are you calling Garland a coward? Please elaborate.
Chainfire
(17,474 posts)This ruling, I presume prevents the DOJ from filing charges using the documents as evidence, until the SM is finished with his or her work. If that is the case, Trump will have been buried for years before this gets out of the SC.
It is just one more damn reason that the DOJ should have already indicted the asshole.
Ocelot II
(115,609 posts)Chainfire
(17,474 posts)a time that they have been litigated all the way through the SC. That should delay everything until Nov. 2024.....
Yea, the DOJ has seen them, it doesn't do a damn bit of good if they can't present them to a jury.
TheBeam19
(344 posts)BlackSkimmer
(51,308 posts)This is a damn shame and a very bad sign.
Comfortably_Numb
(3,796 posts)And who said the justice system is broken???
GuppyGal
(1,748 posts)The ship has spring a leak....go ahead and try to plug it dump...it's going down
Scrivener7
(50,918 posts)overthrow the government.
countingbluecars
(4,766 posts)for herself. She will be on the Supreme Court if republicans take over.
Me.
(35,454 posts)Vinca
(50,237 posts)appointed "special master" will have to be a person with super duper security clearances and will, therefore, know the gravity of the situation at hand. In addition, if it took DOJ such a short period of time to go through the documents, it won't take a special master any longer. It might come to pass more documents than DOJ set aside are ordered to stay with DOJ than go back to Trump. Don the Con has many years left on any statute of limitations on this one. Trump has proven one thing though. Judge shopping works.
Scrivener7
(50,918 posts)Epstein is probably where some of the comparomat on tfg came from.
There are things going on behind the scenes. We'll never know about them. But we will certainly be puzzled and infuriated by their results.
Vinca
(50,237 posts)This judge is a joke. A bad joke. She should at least grasp the basics of laws surrounding presidential records. If there's a horny love letter to Ivana in there from Don, fine . . . he can have it. If there's so much as a White House menu, that's ours.
Scrivener7
(50,918 posts)I come from family that owned a small NYC HVAC company through the 90s. I've been watching this guy forever and he never gets what is due him. For a minute there it looked like he might. But this news makes it feel like all the other times.
But I'm going to hold on to what you said and pin some hopes there. Thanks.
Vinca
(50,237 posts)facts surrounding the documents. I haven't been within a mile of a law school . . . and apparently, the judge hasn't either. I've never understood how Trump has gotten away with so much. Everything from money laundering to rape. You should know about all that having been a resident of NYC.
Hugin
(33,059 posts)Corruption begets corruption.