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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCan't the magat judge's decision be appealed and judge shopped to a less magaty judge
DemocratSinceBirth
(99,710 posts)dpibel
(2,831 posts)Marius25
(3,213 posts)This Judge had no actual jurisdiction to even hear this case. This is blatant obstruction.
Fullduplexxx
(7,863 posts)dpibel
(2,831 posts)The govt argued that, to the extent this is a Presidential Records Act case (which the Trump side kind of asserted), sole jurisdiction under that statute is in D.C.
Cannon rejected that argument.
Unless and until she is overruled by a higher court, that's the law of the case.
onenote
(42,702 posts)DOJ argued that Trump was relying on the PRA but the PRA didn't apply here because the documents weren't in the possession of the Archives and thus the venue provision (2204(e)) couldn't apply.
The DOJ was right. The PRA doesn't apply. Whether Trump was or wasn't relying on it is a murky question since Trump didn't directly invoke the PRA; however, to the extent the special master is supposed to determine whether documents are personal records or presidential records, it comes awfully close to calling on the master to decide a classification issue that normally is decided by the Archives and subject to review in the DC DIstrict Court.
onenote
(42,702 posts)Im sure DOJ will appeal it to the 11th. Circuit Court of Appeals based in Atlanta.
CanonRay
(14,101 posts)Letting the SM go thru the docs is probably faster.
bluestarone
(16,940 posts)THAT is their goal! STALL. They will NEVER agree to SM. So this IDIOT judge will appoint one!