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Can't the magat judge's decision be appealed and judge shopped to a less magaty judge (Original Post) Fullduplexxx Sep 2022 OP
It can be appealed. DemocratSinceBirth Sep 2022 #1
Darn right! dpibel Sep 2022 #6
It can be appealed to the 11th Circuit, but that's very Trumpy too Marius25 Sep 2022 #2
If judge magat has no jurisdiction why is it binding ? Fullduplexxx Sep 2022 #4
Because the judge rejected the argument dpibel Sep 2022 #5
Actually, the DOJ argued that Section 2204e didn't apply here onenote Sep 2022 #10
Why didn't DOJ make that argument if it was so clear. onenote Sep 2022 #8
Judge rso Sep 2022 #3
I think a lengthy appeal is exactly what the rethugs are hoping for. CanonRay Sep 2022 #7
It will take longer to approve a SM, than to go over the Documents! bluestarone Sep 2022 #9
 

Marius25

(3,213 posts)
2. It can be appealed to the 11th Circuit, but that's very Trumpy too
Mon Sep 5, 2022, 02:02 PM
Sep 2022

This Judge had no actual jurisdiction to even hear this case. This is blatant obstruction.

dpibel

(2,831 posts)
5. Because the judge rejected the argument
Mon Sep 5, 2022, 02:15 PM
Sep 2022

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)
10. Actually, the DOJ argued that Section 2204e didn't apply here
Mon Sep 5, 2022, 04:21 PM
Sep 2022

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.

CanonRay

(14,101 posts)
7. I think a lengthy appeal is exactly what the rethugs are hoping for.
Mon Sep 5, 2022, 03:54 PM
Sep 2022

Letting the SM go thru the docs is probably faster.

bluestarone

(16,940 posts)
9. It will take longer to approve a SM, than to go over the Documents!
Mon Sep 5, 2022, 03:59 PM
Sep 2022

THAT is their goal! STALL. They will NEVER agree to SM. So this IDIOT judge will appoint one!

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