WHO decides what the SPECIAL MASTER can remove from the DOJ case?

[Eliot Rosewater]

The courts?

If the Special Master can say "these docs are his and you cant have them, you cant use them in a case against him" WHO decides WHICH docs those are and are not?

[Poiuyt]

1. I guess the Special Master decides, but the DoJ can appeal the decision

[TexLaProgressive]

2. I want to know will the SM have an appropriate security clearance

[Justice matters.]

3. Doesn't matter: 1 doc belonging to NARA is enough, and...

It's also the concealment and the obstruction.

[Thomas Hurt]

4. I don't know for sure, but I think the SM will determine if there are privileged documents...

write a report to the judge and the judge issues an order.

[Eliot Rosewater]

6. If the SM is MAGA, if the MAGA judge is the one who appoints, then this is

a problem.

[Thomas Hurt]

13. SM is supposed to be a neutral third party (wink, wink)

if it isn't someone the Pig knows is a magat he will screeching about as soon their name is released.

[gab13by13]

18. There is no attorney-client privilege

and there is no executive privilege.

[Thomas Hurt]

37. Probably, but that won't stop the Pig and his pet judge from playing games, she already is.

She should have made him file proper complaints and serve the DOJ. She is already bending over backwards to give him fodder for his scams if nothing else.

[FloridaBlues]

5. I believe the DOD /fbi has the say.

[Eliot Rosewater]

8. Would LOVE to see proof of that!

[GP6971]

25. There are volumes of DoD

regulations and procedures concerning the handling and storage of classified documents. I'm sure they will take precedent (or I least I hope so).

[elleng]

9. Surely; master can't remove anything

without DoJ's approval.

[Eliot Rosewater]

12. Unless a judge says so...I bet. But that is why I am asking.

lets remember, hundreds of judges who are not really judges, like this one, are in our courts now

[brush]

7. I wonder if a special master will amount to much...

since the FBI/DOJ has the docs back. All trump will get back, as per the Presidential Records Act, will be any personal effects like his passports, newspapers, magazines or greasy Big Mac wrappers he left in boxes as her browed through them to see which ones he could sell.

[Eliot Rosewater]

10. Or, SM could say ALL of it is his, even though that is ludicrous, and they would have to

return it and NO CASE could be brought!

We are dealing with MAGA, that is why I am asking.


NOTHING is off the table with them.

[brush]

16. I don't know about that. He stole the docs and...

smuggled them to Florida. Giving him back top secret/sci and even higher classification, himint docs...I don't think so. They belong to the government, not him.

[SheltieLover]

11. There is no such thing for classified documents.

[Eliot Rosewater]

14. OK...So I can relax, if you are saying NO COURT can change that...

That is why I am asking.

Because we DO AGREE that as INSANE as it would be YES OF COURSE a maga judge would UNCLASSIFY docs if it meant protecting him.

If no court including the SC can change classification of a document, then justice might be done.

IS THAT THE CASE?

[SheltieLover]

19. Sorry, no idea.

I'm not a lawyer but I readin another thread that there is no such thing for such highly classified documents.

Makes sense really.

[Eliot Rosewater]

23. Thanks, my mind goes directly to what is the most absurd thing they could do.

Like in this case a judge deciding before hearing from both sides.

[SheltieLover]

32. As I understand it, the judge's statement was an invitation to doj & tfg's lawyers to submit reasons

Against and for, respectively, SM to be allowed.

Why a judge tfg appointed would be allowed onthis case is way beyond reason imo.

[Eliot Rosewater]

35. The judge DECIDED before even hearing from DOJ...that is the news.

[SheltieLover]

43. Oh?

I've not seen that. Only that she was inclined to consider it.

[Eliot Rosewater]

45. ...

&ab_channel=GlennKirschner

Associated Press
Judge plans to appoint special master in Trump records case

https://news.yahoo.com/judge-plans-appoint-special-master-221833479.html

[SheltieLover]

48. ..."and said it was her "preliminary intent" to appoint a special master in the case. "

Not a done deal, not by a long shot.

[Jarqui]

15. +1

It would have to be a very special master - an experienced lawyer or judge with top level of security clearance.

That's why the FBI used a filter team, designed for such an occasion, independent of the investigation, on the documents from outset.

[Eliot Rosewater]

17. Let's assume the maga judge who is doing something that is NEVER done, deciding after

hearing from only one side, appoints a maga SM...then what happens to the docs?

The real question is can any court DEclassify the docs, say they ALL belong to him, etc? Not would any court do that, let's hold off on that for a while. Can they?

[gab13by13]

24. The documents belong to the government, all of them,

whether they are classified or not.

If Trump left his Hustler magazines with or Big Uns magazines with the government documents, he can have those magazines returned to him.

[Eliot Rosewater]

27. You are using common sense, truth, precedent, etc to make this statement.

MAGA judges dont care about any of that.

So my question still stands, if a court wanted to, could they deem the docs HIS?

IDK the answer.

[gab13by13]

34. OK how about this answer?

No. That answer I heard from numerous experts on the TV. As a matter of fact, if Trump wrote notes on classified documents he broke the law by altering government documents. I heard that from experts on TV.

[Eliot Rosewater]

36. OK great. I will hope so.

[SheltieLover]

39. I don't think so

Some of the documents are said to be so sensitive they cannog even be put on a list.

I've also read that nobody, not even a president, can declassify these documents.

I know what you are saying, because pootin's playbook calls for the utterly ridiculous & delay after delay, but I don't think it will be allowed.

[Jarqui]

41. DoJ can appeal

That Maga either has to have top level security clearance or they're not going to see all the documents.

I can't imagine a circumstance where a court could declassify a document. Maybe they could request a second opinion on the classification? Even then ... I have doubts. Probably have to move it to a court set up to deal with classified material.

Part of the problem is that Trump was lax on procedures. A bunch of his documents that were not marked classified because of lax procedures should have been and will be as they get reviewed.

That happened with Hillary's emails. Only 3 were classified when they were sent or received. 110 emails got classified after the fact.

The reality is they probably scooped thousand of pages of classified documents between the 15 boxes Trump originally sent and the 45 boxes or collections they got with the search warrant.

Magistrate judge Reinhart probably cannot see this case through a trial. Something will change if it progresses in the courts.

It will probably get moved if Trump doesn't cop a plea ..
https://www.uscfc.uscourts.gov/sites/default/files/Classified-Case-Guidelines-Final-Version.pdf

[Eliot Rosewater]

44. Sounds encouraging...thanks.

[Jarqui]

47. I haven't seen that name in a while (your handle)

Loved Kurt Vonnegut books

[Eliot Rosewater]

56. Thanks

[SheltieLover]

46. Ty!

[Jarqui]

49. Here's more on this

Link to tweet

Brandon Van Grack
@BVanGrack
That leads DOJ and Intelligence Community to look for Goldilocks docs—not so sensitive that the Intel Community would prohibit disclosure to defense counsel/jury and not so bland that they don’t appear to implicate national security. 11/
9:13 AM · Aug 28, 2022·Twitter Web App

(for more check out the thread)

Link to tweet

emptywheel
@emptywheel
Apparently DOJ calls those "just right" docs that can be declassified for prosecution and that capture the gravity of the compromise w/o doing more damage "Goldilocks" docs.

The classification review Avril Haines confirmed Friday may include discussion of this.

12:36 PM · Aug 28, 2022·TweetDeck

[babylonsister]

20. Is 'special master' something archaic?

I never heard this term until recently. How was 'special master' ever used prior to now?

And fwiw, I hate it.

[Eliot Rosewater]

21. Now that you mention it.

[gab13by13]

28. A special master can be used in cases

involving attorney-client privilege or in cases of executive privilege or in cases where there is an enormous volume of documents or computer files. None of those cases I cited apply here.

[Eliot Rosewater]

30. Unless a court SAYS those docs are those things, as absurd as that would be...or not?

Our system of justice is unraveling when you have a SC just sitting there waiting to destroy it.

[gab13by13]

38. Yes, even if those 3 things don't apply,

judge Cannon can appoint a SM because of the former president being involved making it a very serious case.

[onenote]

51. It was used in the Michael Cohen case, the Rudy Giuliani investigation, the Veritas investigation

it's not that unusual in cases where a search warrant may sweep up documents protected by attorney client privilege (such as a search of the office of an attorney, like Cohen).

Not sure if it has ever been used in a case where the review is aimed at whether the documents enjoy executive privilege (and documents implicating national security almost certainly do not enjoy that protection).

[Deuxcents]

22. I'm uneasy about this new trick of his. He took government papers

That don’t belong to him or any one person. Why does he get to have a special master if the law is that specific.

[Brainfodder]

26. Not worried that he is weaseling out of this ESPIONAGE 1 bit.

Laughing at them trying, in fact!

[gab13by13]

29. It's about delaying everything,

the MSM is already moving into Kornacki time.

[Eliot Rosewater]

31. Yep, delay until they have the power to impeach everyone.

[Brainfodder]

33. Yup, hoping the 200+ arrests are all same day.

Half of congress is missing, hmmm: GREAT START!

[gab13by13]

40. Time to start adding 4 more SC justices.

[Blue Owl]

42. That Master's special... so fuckin' special....

[mopinko]

50. if she approves that, she taints her career.

she was just appointed, and if she does him a favor, she'll never live it down.

[WarGamer]

52. Too much concern about this

If the Judge decides to do this...

It will be some respected person with a nice pedigree, not a politician.

They will simply decide what was proper and improper to seize and what must be returned and or struck from the legal record.

Maybe NOTHING was seized improperly?

[rownesheck]

53. Is it just me,

or does that title "special master" sound really stupid?

Also, I have never heard of a special master until that orange bastard mentioned it a couple weeks ago.

[Kablooie]

54. Trump only wants the special master because it delays everything.

He intends to keep throwing up roadblocks until he’s president again.
The infuriating thing is the DOJ always agrees to his delays. They always let Trump control the situation and they are doing oit again.

Don’t count on Trump being taken down anytime in our lifetimes.

[Eliot Rosewater]

57. The part people have to grasp is the red state officials who are going to refuse to certify

elections.

Then it goes to a court system packed with moscow mitch sycophants including the SC....

Traitor himself is hoping the courts will do what the cons want and if they dont, he will tell his followers to attack. Then we have to wonder how many in the police and military are patriots and how many support mr. traitor.

NONE Of this can happen if the non MAGA repubs leave the party and make a lot of noise about it when they do.

[LetMyPeopleVote]

55. I have a suggestion as to who should be the special master

Link to tweet