Judge Aileen Cannon Question

[gab13by13]

I know a few things, first of all, it was judge Reinhart who authorized the search warrant. I know that.

I have a question, so Donald Trump wants a special master appointed, why does he not have to make that request with the judge involved in the case, judge Reinhart?

OK, maybe there is a good reason why judge Reinhart couldn't make that decision, but I have seen zero reporting about whether judge Aileen Cannon was the next judge in line to make the special master decision.

Can someone who is a better Googler than me explain how Cannon got involved in Reinhart's case. I know there is a procedure, but was it followed?

[Jarqui]

1. In short, from what I've read

It is not at all certain that a Special Master can review classified or executive privilege material

Reinhart is a magistrate (or something like that).

Trump's legal team claims that a Federal judge is required to appoint a Special Master. Cannon is a Federal judge apparently appointed by Trump in 2020

I've seen some claims that there was a way to have worked this through with Reinhart but since they were bad mouthing Reinhart, they probably felt they had a better chance with another judge.

[gab13by13]

3. Thanks for the information

but it doesn't answer my question.

I heard a former judge on TV claim that Reinhart should have made the special master decision.

I understand that a special master is normally used for attorney-client privilege, not for executive privilege.

I also heard a former judge say that if Reinhart couldn't make the call it goes to the judge who is on "emergency call," whatever that is. So was judge Cannon the next judge in line? Trump is not supposed to just pick a judge.

[Jarqui]

4. Trump didn't pick this judge

Trump filed a federal lawsuit and this judge (who Trump appointed to the federal court) was assigned the case.

Reinhart had offered to consider a Special Master. But Trump's lawyers claim that a magistrate like Reinhart cannot offer injunctive relief that a Federal judge can. An injunction would slow the process down - which Trump always seems to like to do when he is in the legal cross hairs.

[Hugin]

12. My outrageous and untrained opinion is...

Since Cannon was appointed by Trump, she should be forced to recuse herself to remove any accusations of bias.

(This preferential treatment already on display with this judge prompting Trump’s current slept-at-holiday-inn-last-night representatives from the bench on the basics of filing.)

But, in the current US… it won’t happen.

[gab13by13]

17. Still doesn't answer my question.

Trump's lawyers claimed that Reinhart couldn't offer injunctive relief. Who agreed with Trump's lawyers and threw Reinhart out? Give me a name. Who assigned Cannon to the case? Was she the next judge in line, the emergency judge? Give me a name. The FBI already had people sorting out the documents why wasn't that sufficient?

Someone kicked Reinhart off the case?

[Jarqui]

21. It is a different case - it is a civil action

The search warrant is tied to a criminal case that Reinhard is still handling.

I suspect Cannon was the next Federal judge next in line and available.

[kentuck]

24. So the "Special Master" would not get to review any of the criminal information?

A toothless tiger.

[Jarqui]

25. The Special Master's purpose is limited to examining the documents collected

Some of those documents may be evidence of a crime.

Nixon found out the hard way that a President cannot claim executive privilege over evidence of a crime.

But Trump's executive privilege claims are nonsense. The White House and many others have already weighed in on that - a former president cannot claim executive privilege over the incumbent president:
https://www.justsecurity.org/82873/assessing-trumps-claim-of-executive-privilege-on-fbi-access-to-mal-docs/

If there are attorney-client privilege documents that involve communications between the attorney and client that involve a crime, fraud or a tort, they are also an exception from attorney-client privilege and would remain available to the case - or become evidence for another criminal charge.

The Special Master would have to be a pretty special master because they would need top level security clearance OR they would have to be limited to non-classified documents.

No one has really discussed this yet but many of the documents collected were not marked classified but after they go through them, there is a good chance a good number of them will. That could further limit a special master without security clearance.

The FBI has had a filter team in place since the outset. The filter team does what the Special Master would be asked to do except they have security clearance.

Further, they have probably gone through all the documents already so to a significant extent, the Special Master's efforts would largely be moot - with the exception of Trump dragging out the timeline by making them go through it again. Whatever Trump didn't want them to see, they probably already have to some significant extent.

[onenote]

23. Judges are assigned through a blind, random selection process

Here is the operative language from the Court's rules:

(a) All civil and criminal cases, including those within a weighted category, shall be assigned on a blind random basis so that the District workload is fairly and equally distributed among the active Judges irrespective of jury division; provided that, whenever necessary in the interest of justice and expediency, the Court may modify the assignments made to active or senior Judges.
(b) The Clerk of the Court shall not have any power or discretion in determining the Judge to whom any action or proceeding is assigned, the Clerk of the Court’s duties being ministerial only. The method of assignment shall assure that the identity of the assigned Judge shall not be disclosed to the Clerk of the Court nor to any other person, until after filing.
(c) The assignment schedule shall be designed to prevent any litigant from choosing the Judge to whom an action or proceeding is to be assigned, and all attorneys shall conscientiously refrain from attempting to vary this Local Rule.

[Walleye]

2. Trump can't do anything without trying to cheat in some way or another

[spanone]

5. trump went judge shopping....he appointed her & I'm sure he'll expert her to deliver

[rso]

6. Special Master

Even if appointed, the Special Master would examine non-classified documents only, and since it's the classified stuff which will bring Donnie down, it's really no big deal.

[panader0]

10. this

[gab13by13]

18. It's about delaying the process,

about giving the MSM time to sweep everything under the rug. If DOJ doesn't act until after the election the public will be more interested in football.

[Kingofalldems]

26. Nope.

[cachukis]

7. TFG is so heavily in debt that he knows he is living on

borrowed time. He will do anything to avoid the Grim Reaper who lurks over his shoulder. He is so conversational with him that his mind is only focused on staying a step ahead. His steps are getting shorter.

[OneGrassRoot]

8. Asha Rangappa on this situation:

"I wouldn’t rule out the possibility that Judge Cannon is going out of her way to be as generous as possible to Trump not because she is biased, but because she is afraid that she might be threatened or endangered by Trump’s sicarios if she throws it out outright and he slams her

I wrote my thesis on Pablo Escobar’s impact on the rule of law in Colombia and spent time there in the late 90s. When law enforcement, prosecutors, and judges are under threats of violence, it’s not hard to see how legal processes and outcomes can get distorted

In Colombia it got to a point where in some courtrooms where prosecutors were trying to bring traffickers to justice, judges would have to preside behind a black curtain and use voice distorting microphones to conceal their identities. In case you’re wondering where this leads"

Link to tweet

?s=20&t=ibu1iyAjYpZx7hLxi4SdWQ

[marybourg]

9. Not fair! Why should I have to pay for HIS Special Master?

I got through my whole life without a Special Master.

[Hugin]

11. +1

Me neither.

[OneGrassRoot]

13. lolol n/t

[msfiddlestix]

14. Learn something new everyday....

I never knew judges ever needed to hide behind a security screen, and use devices designed to distort speech.

Wait. Columbia, city or country?

[Hugin]

15. The country. n/t

[msfiddlestix]

16. makes me wonder if this procedure might be considered here..

Puritucularly now.

[gab13by13]

19. I just want to know who decided we needed a special master?

They are usually used to determine attorney-client privilege. The FBI has already been using a special team to sort out the documents, has been doing so for almost 3 weeks. Why couldn't judge Reinhart have said that a special master is not warranted.

That debate never occurred, Trump just got his way.

[Kingofalldems]

27. So are you saying Trump wins?

[malaise]

20. All you need to know is that MoscowMitch appointed her in the fucking LAME DUCK period

after the Slobfather lost the election.

[LetMyPeopleVote]

22. This judge is pandering to TFG

Link to tweet

Link to tweet