General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsOcelot II
(115,674 posts)tavernier
(12,377 posts)but no one seems to really care about that, so why should this matter?
The Rump team, including his judges, make up the rules as they go along, and we apparently have nothing to say about it.
underpants
(182,769 posts)Dont cc him unless its really needed. Hes going to be busy.
MOMFUDSKI
(5,500 posts)N O T I N O U R L I F E T I M E S.
Hugh_Lebowski
(33,643 posts)This will be grist for the M$M mill for at least a month or two.
IQ45 knows how to put on a show, that's why the corrupt media love him so much. Stories that garner eyes and clicks ... for next to no money.
It'll take at least a month.
kelly1mm
(4,732 posts)selection of the SM and any review by same would be delayed pending appeal and assuming the loser takes an appeal from whatever the 11th Circuit decides and the USSC agrees to take the case it could be 15-20 MONTHS before we even get to determine if a SM gets to review the documents.
This is one reason the DOJ may not appeal and just let the SM review the documents and then take whatever the SM says is not privileged and run with that ..... just an opinion
Ocelot II
(115,674 posts)would take to SCOTUS; and if they granted cert., - even apart from the delay problem - they might come up with some really obnoxious interpretation of executive privilege. DOJ might be better off just letting the appointment proceed, since they did offer an alternative plan in their brief setting out a tight time-line and other parameters. Since this is just a trial court decision it has no significant precedential value. And the judge has made an ass of herself.
kelly1mm
(4,732 posts)will go CRAZY though let alone the comments here on DU!
bluestarone
(16,906 posts)Wouldn't it end up in the SC even if DOJ. didn't appeal? Let's say the SM decides for either side, THEN whoever loses could APPEAL again to the SC. Is this correct?
Ocelot II
(115,674 posts)in the long run, because even if they decide something is subject to executive privilege it won't mean TFG gets it back - because these are government documents they just have to be returned to the National Archives, and they couldn't be used in a criminal prosecution. But so what? The crimes the FBI cited when applying for the warrant had nothing to do with the content of the documents, but the fact that they were taken in the first place, withheld despite a GJ subpoena, and then TFG through his lawyers lied about having returned them all. Removing and failure to secure national security materials is a violation of the Espionage Act. None of that material could possibly be subject to executive privilege.
bluestarone
(16,906 posts)It all comes down to one thing in my thoughts. That is, the WHOLE reason for TFG's request of SM, is to STALL everything. They have SUCCEEDED in that. Wondering what options the DOJ. have? I would definitely love to see an appeal. ( but they know better than i do) I was also wondering if there is a chance the DOJ. could go back to the FIRST judge and ask for intervention? I cannot believe the SC would let this decision stand, so that's why i say APPEAL NOW! TY in advance for you're thoughts here and your brain!
former9thward
(31,981 posts)The SC would issue an immediate decision as they always do in these type of cases.
kelly1mm
(4,732 posts)be 6-12 months for the 11th Circuit to rule. Then if the USSC agrees to hear the case another 6-18 months. Even fast tracking would still be 15-20 months.
Is it POSSIBLE it could be shorter? sure! But why. DJT is not a current office holder, and it is not like in 2000 when an election needed to be decided by January at the latest. I see no reason the Federal judiciary will speed this through. If you do please explain?
former9thward
(31,981 posts)Courts move quickly on those type of cases. Most cases do not have the interest in them.
kelly1mm
(4,732 posts)optimistically I would say 4 months if 11th Circuit only, 12 months if USSC. I would LOVE to be wrong.
Ocelot II
(115,674 posts)The subpoena for the tapes was issued on April 16, 1974. On April 30 the Judiciary Committee got partial transcripts, but it demanded the actual tapes. On May 1 Nixon filed a motion to quash the subpoena for the tapes, which was denied on May 20. Nixon filed a notice of appeal on May 24. On the same day the Special Prosecutor also filed a petition for a writ of certiorari before judgment with SCOTUS. On May 31, the petition was granted with an expedited briefing schedule. SCOTUS heard oral argument on July 8 and issued its decision on July 24.
So, just a bit more than three months.
sprinkleeninow
(20,237 posts)Might as well be.
Whatta charade.
dchill
(38,472 posts)... probably Rudy.*
* Yes, this whole situation is completely unallowable - yet, it's allowed. Trump trumps everything. Stay away from 5th Avenue.
EYESORE 9001
(25,927 posts)Short for Bob up & kiss my ass.
GreenWave
(6,723 posts)Fiendish Thingy
(15,585 posts)LetMyPeopleVote
(145,130 posts)Link to tweet
1. She says Biden hasnt weighed in on whether docs protected by Exec Privilege. Nonsense. The archives letter (which DOJ submitted to the Judge) makes it clear current President thinks none of this ...
is privileged. Archivist says it is not a close question
2. Judge enjoins the entire investigation because some of the material might be subject to Executive Privilege. But Executive Priv isnt some post-presidential privilege that allows Presidents to keep documents after ...
they leave office. At most, it simply means these are Executive documents that must be returned to the archives. It doesnt in any way shape or form mean they cant be used in a criminal prosecution about stolen docs...
3. She says the reputational harm to Trump justifies a special master. Thats insaneevery crim deft has reputational harm. Are we now going to have special masters in every crim investigation?
4. She says the Special Master should screen materials for exec privilege, without ever once explaining what specific material is subject to exec priv, particularly when the incumbent President rejects the assertion. How is the Master supposed to figure that intricate Q out?
5. She says that because some tiny percentage of materials might be privileged, the entire investigation over all the materials has to stop. Thats a bazooka when one needs at most a scalpel.
6. She tries to enjoin the Exec Branch from using these materials in an investigation, but the govt has already reviewed all the materials. It makes no sense.
7. She says Trump suffers irreparable harm in interim, but the only harm she isolates is he wont have the docs back during the investig. Thats not irreparable, he can get them back later &if they are improperly used to bring an indictment, he can move to dismiss the indictment
8. Her analysis of standing is terrible. Trump wouldnt own these docs anyway, so why does he get a Master over them? If there is some marginal claim to some attorney client docs, that handful of material can be separately dealt withyou dont enjoin the entire investig for that
9. Her jurisdictional analysis is similarly awful. She let Trump forum shop for a judge, instead of letting the magistrate judge evaluate these claims. The appearances here are tragic.
Thats just a few of many more problems. Frankly, any of my first year law students would have written a better opinion.
orleans
(34,049 posts)orangecrush
(19,537 posts)Vladimir Putin
orleans
(34,049 posts)Meowmee
(5,164 posts)His team shopped for and got the judge they wanted. I suppose he can still be charged, I am not sure.