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H2O Man

(73,537 posts)
Mon Sep 5, 2022, 04:16 PM Sep 2022

All Along the Watchtower

" No reason to get excited
The thief, he kindly spoke
There are many here among us
Who feel that life is but a joke
But, uh, but you and I, we've been through that
And this is not our fate
So let us stop talkin' falsely now
The hour's getting late, " -- Bob Dylan; All Along the Watchtower



I don't think anyone is surprised by Judge Cannon's ruling per a special master. She had proven herself to be a Trump advocate when she said she was likely to appoint one, before even hearing the DOJ's response to Trump's original filing. In that sense, it was similar to knowing that the current Supreme Court would be eager to overturn Roe. However, in the current case, the potential for long-term harm to the public is not even close to the same.

The most significant OP I've read on DU:GD today is from our friend FelineOverlord:
https://www.democraticunderground.com/100217123883
One can like or dislike Maggie Haberman -- or have no opinion of her at all -- and still see the importance of her comment. Likewise, one can forgive Hyle Cheney for that last name, and recognize the value of making the ruling available.

If a judge in a trial said, "Bring the guilty bastard in, and I'll give him a fair trial," most everyone would recognize that judge was not objective. Likewise, when a judge states publicly that they are likely to rule in favor of one side, before even hearing from the other side, we know that they are not objective.

Her comments on the harm that indicting Trump might cause -- found on pages 9 and 10 -- further document her inability to be objective. Add to that her comments on the public interest, where she clearly shows that she thinks the Trump cult is by definition the public, and it appears there are issues the DOJ could appeal her decision on.

I trust the DOJ to make the best decision on how to respond to this naked attempto to delay justice. No special master is going to decide that Trump had the right to take and keep the classified documents. It already seemed likely that the DOJ wasn't going to indict Trump until after the November elections. But this is a speed bump on the road to justice, and not a spike strip. We need to keep our eyes on the prize.

41 replies = new reply since forum marked as read
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All Along the Watchtower (Original Post) H2O Man Sep 2022 OP
Good song! kentuck Sep 2022 #1
You are correct. H2O Man Sep 2022 #3
If the opinion is not overturned, how long do you think that it could take when each document Chainfire Sep 2022 #2
Good question. H2O Man Sep 2022 #4
Thank you for this. As usual you are the calm in the storm. livetohike Sep 2022 #5
Thank you! H2O Man Sep 2022 #8
My favourite Hendrix song, this original version is not on YT that I can find Celerity Sep 2022 #13
It's my favorite too! It used to be on YouTube, but livetohike Sep 2022 #20
Beautiful! H2O Man Sep 2022 #30
I would love to hear that! The only unusual Hendrix compilation I have livetohike Sep 2022 #22
One of my H2O Man Sep 2022 #31
Been expecting this decision all weekend Saoirse9 Sep 2022 #6
Cannon was acting H2O Man Sep 2022 #9
Kick! Hekate Sep 2022 #7
Thanks! H2O Man Sep 2022 #10
K&R spanone Sep 2022 #11
Thank you! H2O Man Sep 2022 #16
Quis custodiet ipsos custodes? Wounded Bear Sep 2022 #12
The watchers ..... H2O Man Sep 2022 #17
thank you for the perspective H20man onethatcares Sep 2022 #14
Thanks! H2O Man Sep 2022 #18
I think we are more in "Won't Get Fooled Again" territory maxrandb Sep 2022 #15
Very good! H2O Man Sep 2022 #19
Once the master sees that they've got nothing to do, since nothing is covered under privilege, ancianita Sep 2022 #21
DOJ should appeal, not give the judge credence gab13by13 Sep 2022 #26
Then they can file a writ of mandamus. If they appeal, ancianita Sep 2022 #27
I think that H2O Man Sep 2022 #32
It is. But ancianita Sep 2022 #37
Yes, I agree. H2O Man Sep 2022 #38
She is a disgrace to the judiciary malaise Sep 2022 #23
+1000 MustLoveBeagles Sep 2022 #24
That she is. H2O Man Sep 2022 #33
What judge Cannon did is not a speed bump, gab13by13 Sep 2022 #25
Respectfully disagree. H2O Man Sep 2022 #34
Wow just wow. 2022 Tallking about the death of democracy while listening housecat Sep 2022 #28
And Zimmerman. H2O Man Sep 2022 #35
Did you say "one non-Beatle/Plasic Ono band?" I thought I was the only one who said that housecat Sep 2022 #39
In the 1970s, H2O Man Sep 2022 #40
I remember waiting for every Beatles and Dylan album to come out. Saw Dylan in concert 1966 and housecat Sep 2022 #41
Thank you for being a voice of reason MustLoveBeagles Sep 2022 #29
Thank you! H2O Man Sep 2022 #36

kentuck

(111,089 posts)
1. Good song!
Mon Sep 5, 2022, 04:21 PM
Sep 2022

I thought "executive power" was solely in the hands of the President, not in the hands of a former president or any judge?

H2O Man

(73,537 posts)
3. You are correct.
Mon Sep 5, 2022, 04:25 PM
Sep 2022

No special master will consider documents regarding a crime to be Trump's sacred "executive" property. A bullshit ruling by a Trump cultist. But along the road to justice, a mere bump that one slows down for.

Chainfire

(17,536 posts)
2. If the opinion is not overturned, how long do you think that it could take when each document
Mon Sep 5, 2022, 04:24 PM
Sep 2022

may have to be litigated?

H2O Man

(73,537 posts)
4. Good question.
Mon Sep 5, 2022, 04:27 PM
Sep 2022

I'm not sure. But I don't see this as protecting Trump for anything more than a short delay.

livetohike

(22,140 posts)
5. Thank you for this. As usual you are the calm in the storm.
Mon Sep 5, 2022, 04:36 PM
Sep 2022

I agree it will be a short delay. Also, thanks for posting the best cover ever. I love Jimi .

H2O Man

(73,537 posts)
8. Thank you!
Mon Sep 5, 2022, 04:48 PM
Sep 2022

I've collected Jimi's music for over 50 years. I have a 5 LP set from Germany, of him playing Motown hits, a recording of him and Johnny Winters at a club, where a hugely intoxicated Him Morrison joins them before passing out on stage. and lots more!

It will be interesting to see if the DOJ brings this to the 11th Circuit. Maybe not, as Clarence "advises" them. But it sounds like they may.

Celerity

(43,339 posts)
13. My favourite Hendrix song, this original version is not on YT that I can find
Mon Sep 5, 2022, 05:08 PM
Sep 2022
Pali Gap (from Rainbow Bridge, 1971)
vimeo.com/344319945

livetohike

(22,140 posts)
20. It's my favorite too! It used to be on YouTube, but
Mon Sep 5, 2022, 06:44 PM
Sep 2022

the Hendrix estate took it and many others down. From time to time something new pops up .

livetohike

(22,140 posts)
22. I would love to hear that! The only unusual Hendrix compilation I have
Mon Sep 5, 2022, 06:49 PM
Sep 2022

is a cassette tape of bootleg songs from his concerts. I worked with his cousin back in the mid 80’s out in L.A. and he made a copy for me. He was a second cousin and only remembers Jimi from when he was a little boy.

H2O Man

(73,537 posts)
31. One of my
Mon Sep 5, 2022, 09:02 PM
Sep 2022

favorites is "Hang on Sloopy." There's a version with Jimi playing with Curtis Knight, but that isn't even close to the same of just Jimi recording it. I'll have to ask my son if there is any way he can put it on the internet. Lots of great stuff on those five albums.

Saoirse9

(3,676 posts)
6. Been expecting this decision all weekend
Mon Sep 5, 2022, 04:41 PM
Sep 2022

DOJ isn’t going to stand for its bullshit.

Trump judges are like whack a moles. Smack one down another pops up. The jurisdiction is really Washington DC so I expect them to bring charges there. Not in Florida.

H2O Man

(73,537 posts)
9. Cannon was acting
Mon Sep 5, 2022, 04:54 PM
Sep 2022

as a defense attorney. She really had no background qualifications for being appointed to her current position ..... I don't think she was even a partner in the law firm she worked in. I think that shallowness shows in her decision.

I'm watching the responses of those with real insight on this.

H2O Man

(73,537 posts)
10. Thanks!
Mon Sep 5, 2022, 04:56 PM
Sep 2022

It's curious she noted her concern that the DOJ would "leak" information. The DOJ doesn't leak. Thus far, it is the Trump side's efforts that has resulted in information being made public.

Wounded Bear

(58,648 posts)
12. Quis custodiet ipsos custodes?
Mon Sep 5, 2022, 05:05 PM
Sep 2022

Who will watch the watchers?

Supposedly emblazoned above the door to the chambers of the Roman Imperial Guards, who in later times often conspired with usurpers to overthrow the very Emporers they were supposed to be guarding.

With the republican takeover of the Judiciary, the "watchers" are suspect.

H2O Man

(73,537 posts)
17. The watchers .....
Mon Sep 5, 2022, 06:02 PM
Sep 2022

I think it was 1973 when Arthur Schlesing, Jr. published his important book on the "imperial presidency," and how that damaged the balance of federal powers. Then in the 1990s, Newt Gingrich's "contract on America" intended to -- and did -- damage the ability of the houses of Congress to operate as intended. And the 2001 USSC's selection of Bush as president revealed the republicans on the court not only played politics, but ruled in a manner that supported their families' economics. So the corruption of the watchers has had a long time to take root.

What really stands out to me, in this terrible decision, is that Cannon almost completely ignored the absolute reality of the underlying crimes. Almost completely, except voicing her concern that an indictment will damage Trump.

H2O Man

(73,537 posts)
18. Thanks!
Mon Sep 5, 2022, 06:06 PM
Sep 2022

While I am confident that Trump will be indicted, tried, and convicted, I do thinkthis is a prime example of the very real dangers of having a christian nationalist on a federal court.

As the hours go by, however, my thought that Cannon had overstepped in her decision is being reinforced by watching experts on TV and on the internet.

maxrandb

(15,324 posts)
15. I think we are more in "Won't Get Fooled Again" territory
Mon Sep 5, 2022, 05:20 PM
Sep 2022

We'll be fighting in the street.
With our children at our feet.
And the morals that they worship will be gone.
And the men who spurred us on.
Sit in judgement of all wrong,
They decide and the shotgun sings the song

I'll tip my hat to the new Constitution
Take a bow for the new revolution
Smile and grin at the change all around
Pick up my guitar and play
Just like yesterday
Then I'll get on my knees and pray
We don't get fooled again

[link:https://m.

|

H2O Man

(73,537 posts)
19. Very good!
Mon Sep 5, 2022, 06:08 PM
Sep 2022

I agree we aren't being fooled. I don't think Trump has fooled us before. But I think Trump is fooling himself if he thinks he is going to skate on this one!

ancianita

(36,053 posts)
21. Once the master sees that they've got nothing to do, since nothing is covered under privilege,
Mon Sep 5, 2022, 06:47 PM
Sep 2022

the judge will say that "due process" action is done and will allow the investigation to continue.
Vetting a master, then letting them realize they've got nothing, shouldn't take more than a month, tops.

No matter the House & Senate outcomes for us (they're looking very good right now), Biden's DOJ will have all next year to land Trump in prison. Not to mention the accompanying indictments for aiding and abetting and accessories after the fact charges filed on at least six to ten (a conservative estimate) congressional repubs.

gab13by13

(21,323 posts)
26. DOJ should appeal, not give the judge credence
Mon Sep 5, 2022, 07:06 PM
Sep 2022

by agreeing to the Special Master. An appeal will take longer than going with a Special Master.

ancianita

(36,053 posts)
27. Then they can file a writ of mandamus. If they appeal,
Mon Sep 5, 2022, 07:16 PM
Sep 2022

Last edited Tue Sep 6, 2022, 07:04 PM - Edit history (1)

they will be playing right into hers and Trump's lawyers' stall game.

Go with the special master, require an expeditious pace to get the silly privilege issue clear, and that will save a lot of time.

Or based on national security concerns, the DOJ can demand that the appeal process itself be expedited by both the 11th, or DC Circuit, and SCOTUS.

H2O Man

(73,537 posts)
32. I think that
Mon Sep 5, 2022, 09:04 PM
Sep 2022

the 11th Circuit would be a risky place to appeal. That appears to be what the Trump legal team wants.

ancianita

(36,053 posts)
37. It is. But
Tue Sep 6, 2022, 10:10 AM
Sep 2022

the judge notes that the DC Circuit is likely the correct jurisdiction for this case. Either way, the appeals will take this to SCOTUS, which plays into the hands of Trump lawyers.

The DOJ shouldn't go for that delay game, and that's why I think the DOJ should not appeal but simply get on with finishing the bs 'due process' of the special master, which won't take as long, since the sp. master will learn that there's really no 'privilege' that legally exists, and so they'll end up with nothing to really do.

At which point, Cannon will then allow the investigation to proceed.

H2O Man

(73,537 posts)
33. That she is.
Mon Sep 5, 2022, 09:10 PM
Sep 2022

I'm thinking it may actually be better to get this out of the way now, however, than have it be a post-conviction grounds for appeal. I'm confident that the DOJ will respond in the best way possible. It is, at most, a brief delay.

More, this process may cool the cult. They will see it as "protecting" their boy. Having enraged people cool off for a period tends to make the outrages to come be of less severity. After President Biden's speech -- which they view as him joining antifa -- it's good to put them on ice. And it will not help the slobfuher in the long run.

gab13by13

(21,323 posts)
25. What judge Cannon did is not a speed bump,
Mon Sep 5, 2022, 07:03 PM
Sep 2022

we have foreign assets who appear to be compromised, their lives are at stake. If DOJ appeals the decision it is going to take months. DOJ if it appeals needs to ask to have the stay removed. The FBI can't dust documents for fingerprints or DNA. If DOJ goes along with a Special Master it is opening up a huge can of worms for judicial malpractice, for ignoring judicial precedence. It will give credence to the judge's horrible decision.

Going the proper route, an appeal, will take longer than accepting the Special Master, it will go to the Supreme Court. Can we trust the Supreme Court to expedite the case? It is within the power of the Supreme Court to not take the appeal for as long as 4 months.

H2O Man

(73,537 posts)
34. Respectfully disagree.
Mon Sep 5, 2022, 09:18 PM
Sep 2022

Her ruling does not apply to the Intelligence Community. And the FBI has certainly already completed any fingerprint/DNA testing. And since it is highly likely that any special master will confirm the DOJ's stance on what might be protected, it is unlikely that the next ex-president who steals national security documents will be protected, especially since Trump has rather unique personality pathology -- judging from over 200 years of national experience.

housecat

(3,121 posts)
28. Wow just wow. 2022 Tallking about the death of democracy while listening
Mon Sep 5, 2022, 07:16 PM
Sep 2022

to Hendrix from half a century ago Wow

H2O Man

(73,537 posts)
35. And Zimmerman.
Mon Sep 5, 2022, 09:23 PM
Sep 2022

He did write the song, although Jimi made it a classic. Plus I think it is essential to listen to at least one non-Beatle/Plastic Ono Band per day. It can be Jimi, it can be Jim ......



We have to take care of our mental health. No better music in human history than that of 50 years ago.

housecat

(3,121 posts)
39. Did you say "one non-Beatle/Plasic Ono band?" I thought I was the only one who said that
Tue Sep 6, 2022, 01:08 PM
Sep 2022

And yes, the 60's/70's music was never surpassed. Imitated yes, improved no. Thanks for Doors song

H2O Man

(73,537 posts)
40. In the 1970s,
Tue Sep 6, 2022, 01:17 PM
Sep 2022

(when I was younger, so much younger than today), there was a "man on the street" news reporter interviewing people. I had just exited a new & used record store, with a substantial armload of albums. She asked me what I bought ..... they were all Beatles & post-Beatles LPs. She was surprised. Being high as a kite, I said that I tried to keep an open mind about music, and that anyone who didn't listen to the Beatles constantly had a closed mind.

I haven't changed that much over the years. I mean, I love Hendrix, the Doors, Neil Young, and a few others. But my very favorites are the Beatles and the Plastic Ono Band.

housecat

(3,121 posts)
41. I remember waiting for every Beatles and Dylan album to come out. Saw Dylan in concert 1966 and
Tue Sep 6, 2022, 01:58 PM
Sep 2022

got a front row seat (folding card chairs in a boxing arena) for the Stones around that time. Music was magic back then.

MustLoveBeagles

(11,599 posts)
29. Thank you for being a voice of reason
Mon Sep 5, 2022, 08:05 PM
Sep 2022

So many hair on fire posts today. Thanks also for the Jimi Hendrix clip.

H2O Man

(73,537 posts)
36. Thank you!
Mon Sep 5, 2022, 09:27 PM
Sep 2022

We knew that she was going to rule this way. I was more annoyed when she said that without hearing from the DOJ. Plus, her ruling seems to document that she reached a decion before finding ways to justify it. She may go down in legal history, but surely not as a bright legal mind.

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