Special Master: unclutch your pearls, unwring your hands

[Fiendish Thingy]

Today’s corrupt ruling by an incompetent lower court judge is not a done deal.

The written ruling was issued on a holiday, when DOJ couldn’t file an immediate appeal.

I don’t expect DOJ to roll over, hand back all the seized documents, shrug, and say “as you wish”.

I DO expect DOJ to seek a stay pending appeal, and keep possession of the seized documents.

I DO NOT expect a Special Master to be named anytime soon, until after appeals are exhausted and the elections are over.

At WORST, I think DOJ might settle for submitting the non-classified documents already “filtered” by their team to a special master for review for attorney client privilege, NOT executive privilege.

The maintenance crew at DU is gonna have to recharge all the extinguishers, since I’m sure they’ve all been used up on all the folks running around with their hair on fire…

[Turbineguy]

1. Every day Trump stays out of jail

is a small victory. Hopefully, the stress of all this is taking its toll on his health and lifespan.

[intrepidity]

3. I can assure you it is doing so to me. nt

[intrepidity]

2. Although,

I don’t expect DOJ to roll over, hand back all the seized documents, shrug, and say “as you wish”.

There were *tons* of legal analysts who claimed it was completely inconceivable that this "judge" would rule in tfg's favor.

So, please excuse the "pearl clutching."

[Saboburns]

11. No I disagree

Most of the legal analysts I trust were:

1. Fairly sure a SM would be appointed.

2. A tactic of delay.

3. Routine, and no biggie.

[intrepidity]

13. And what did they say about jurisdiction? nt

[Saboburns]

16. That is not a settled issue. And many say Cannon has no jurisdiction in this matter

And that will win an appeal.

Others...

Link to tweet

[azureblue]

19. special master

Would have to be someone who has top level security clearance. And all documents reviewed under guard to make sure nothing is copied or removed. And you know Trump will fight that every step of the way. I doubt h has any of his cult that has that level of security clearance anyway, so he will wail about leftist bias.

[samnsara]

4. yeah i never heard anything by any of the guests about this being a killer opinion

[Fiendish Thingy]

5. Michael Beschloss adds some context:

Link to tweet

?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1566843500431376385%7Ctwgr%5E4b115a7ae77be20f379628dd89d05d6ed5982628%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fdigbysblog.net%2F

[SoCalDavidS]

6. THIS IS NOT 1974!!!

We were not quite a Shithole country back then. There was ACCOUNTABILITY.

[Fiendish Thingy]

9. SCOTUS already ruled against Trump on executive privilege in JANUARY 2022

What makes you think they will reverse themselves?

Judge Cannon’s ruling will not stand.

[gab13by13]

12. It left the door open.

[SoCalDavidS]

18. Regardless, There STILL Is No Fucking Accountability

I realize that Michael is trying to look on the bright side of the situation, by making a comparison to something that happened almost 40 years ago, but this country, it's leaders, and it's citizens, were a whole lot different then.

And it's wrong to get people's hopes up that Anybody high up is going to jail, because it's probably not going to happen.

The only question I have is, what will be uncovered next, that he will also get away with?

[Marthe48]

22. roger f*n stone is still in play

he played dirty for nixon, and he's played dirty ever since. So some crap from 40 years ago is still around.

We aren't a shithole country. We have shits trying to clog the works, but not everyone wants to see the country fail. Just people like traitor, stone and their henchmen. The rest of us want our country back.

[MyOwnPeace]

17. Oh, GAWD, what a find!!!!!

And yes, I can see a whole bunch of them standing there on that crappy carpet at 'Merde-Oh-Lardo' spilling Diet Cokes (well, at least one of them will) celebrating their reprieve from facing the reality that 'SHIT HAPPENS' - and they're gonna' know it!

[calimary]

31. I guess what it's REALLY about is who has the last laugh.

He sure didn't.

[CatWoman]

7. finally a thread that helps me calm down

thanks Fiendish

Reading some of the other threads today had me ready to slit my wrists.

[Fiendish Thingy]

8. You're welcome

[Scrivener7]

10. We should believe that justice delayed again ain't no thing because

random internet guy thinks it's all fine.

Noted.

[Atticus]

45. 👍 nt

[gab13by13]

14. DOJ may not choose to appeal because it will take so long.

I hope it does appeal. The appeal goes to the 11th circuit, the 2nd most conservative circuit out of 13. If the 11th circuit rules against Cannon then Trump will appeal to the Supreme Court.

DOJ in its appeal needs to get the appeals court to remove the stay which will help.

[kacekwl]

29. Every time the MAGATS get a ruling against them

within hours they find a judge to overrule that decision. Every time. Doesn't the Democratic party know any judges ?

[Fiendish Thingy]

35. DOJ NEEDS a stay from the appeals court

I think you mean DOJ needs appeals court to lift Cannon’s injunction, which a stay would do.

[Sewa]

15. Somebody is in denial

💀🤙

[Bread and Circuses]

20. I'm not optimistic

The Judge's Order is deigned to slow down the DOJ. I believe this will be tied-up in appeals....which is good enough for tRump.

DOJ/FBI needs to go out and 'pick up' the confederate conspirators TODAY.

The longer this is 'open' , the bigger opportunity there is for dishonest and treasonous persons to altar the 2022 election, harass legislators and judges and destroy the country.

[Jarqui]

21. There have been a lot of issues raised with this case by pretty good people

Lots in twitter today.
I think DoJ has a lot of options for appeal.
I'm not sure if DoJ will appeal or not.

But it doesn't change the basic facts of this case:
Trump largely ignored NARA and the Presidential Records Act (exception: a long to delay for the first 15 boxes)
Trump ignored a subpoena issued by a Grand Jury
Trump's lawyers signed a sworn statement that all documents marked classified had been returned.
45 boxes or collections of documents were found AFTER Trump's lawyers swore they did not have them. Many documents were classified to varying degrees - some very classified/Top Secret
These documents that Trump shouldn't have had were not stored securely

Since then Trump has inadvertently admitted he knew he had these documents.

Only 64 of the 11,000 documents were possibly attorney-client privileged.
The personal items taken were covered by the search warrant to help establish possession was likely known by Trump and his lawyers. (ie Trump's passports)
There is no way Trump's executive privilege claims will survive Biden's
So the vast majority of the documents collected remain evidence in this case of crimes alleged in the affidavit for a search warrant.

None of what this judge did changes those facts.
Trump is looking more guilty of the three crimes the search warrant listed with the evidence they will keep.
She's slowed it down but the DoJ could submit a Special Master, hold their nose and carry on to minimize the delay. And proceed to nail Trump.

Politically, this is not good for Trump or the GOP. It is a really shaky ruling that many attribute to a favor from Trump appointing her or to her right wing allegiance. And if this continues to simmer, a bunch more pissed off people are going to the polls because Trump is still eluding being held to account.

Meanwhile, his MAGAts are howling or threatening all kinds of nasty things ... that make Biden's speech on semi-fascism ring true. Roevember was bad enough for the GOP in the midterms. Now, their midterms are tangled up with this party leader/criminal exhibiting signs of dementia and Joe's bounce in approval.

Meanwhile, GOP candidates are scrubbing their websites of Trump and abortion - hoping nobody notices in the internet wayback machine.

This is messy but there seems to be some silver lining.

[GenThePerservering]

24. This is messy but there seems to be some silver lining.

Is a perfect description of life these days!

Thank you for the reasoned and informative post (and others above)! I've been trying to keep my knickers untwisted but it hasn't always been easy.

[gab13by13]

25. It is not about evidence, we have plenty of that.

IF DOJ plans to appeal it better hurry before the 60 day norm kicks in. I guess the appeal can be kept secret.

[Jarqui]

27. They have to respond to the judge by Friday to name a Special Master

The key reason we know about this is Trump howling about the search warrant to the media.

They have to also respond with an appeal whether its within the 60 days or not.

[former9thward]

37. Appeals can not be kept secret.

[Bucky]

23. I agree. This is a decision that limits Executive Branch power

You don't necessarily want to have the FBI or NSA or any other executive branch agency to have fiat judgment power over disputes of possession of confidential records.

I'm confident that they'll find Trump exceeded his power (and the law) in taking classified documents home. But the next time a conflict shows up like this, it might just be a Pentagon Papers dynamic, involving a reporter and the public's right to know.

[reACTIONary]

34. Exactly. nt.

[Initech]

26. The fix is in.

The right wing is marching America toward a fascist totalitarian regime whether we want it or not. Fuck these fucking assholes. They would have to kill me before I join their cult.

[kacekwl]

30. +10000

[rso]

32. Special

There is no requirement in the Judge’s ruling to return anything to Donnie, just that the DOJ stop looking at what they have, and the Intel Community can continue to conduct damage assessment.

[reACTIONary]

33. Thank you! There seems to be...

... a misunderstanding about the order, or what a "special master" is supposed to do. It's good to be exact about these legal decisions.

[Deminpenn]

36. There's only 11,000 some documents to review

It won't take a special master very long to sift through them.

[wsulik]

38. I have expected it all along...

I think this judge is placating trump. These documents do not belong to him and I think the special master will just confirm that.

[WarGamer]

39. The DoJ doesn't get to "settle" for anything

The DoJ will do as they're told... that's how the system works.

[BlackSkimmer]

47. Yup. nt

[Progressive dog]

40. Justice delayed is justce denied.

[Fiendish Thingy]

41. Justice rushed is often Justice acquitted

Delay is subjective, usually defined by one’s own impatience; acquittal is not.

[Progressive dog]

42. Delay is not subjective

Time is real. A Trump delay based on a special master is likely to help with acquittal. Witnesses die over time and get scared off by mob bosses who remain free.

[Eliot Rosewater]

44. Or elections happen and even if you win but the GOP refuses to certify your election, shit happens.

[Fiendish Thingy]

49. Justice does not run on a schedule, like trains and buses

So the perception of Justice being delayed is indeed subjective, dependent on the patience and biases of the perceiver.

Would I like Trump to have been incarcerated since 1/21/21? Certainly. But the fact that he hasn’t yet doesn’t automatically mean Justice has been delayed, especially in the larger context of similar cases.

I am far more concerned with Justice being abandoned , as was the case in the Manhattan investigation, than delayed.

[Progressive dog]

53. No it isn't, delay means that it is less likely to happen

We all get older, as do witnesses and criminals.

[Fiendish Thingy]

54. As time passes, the odds of Trump being brought to Justice have increased, not decreased.

But feel free to recreationally fret if that works for you.

[Progressive dog]

55. Trump is getting older and older

he may never be brought to justice. BTW You cannot measure odds of anything that has never happened.

[Fiendish Thingy]

56. Vegas bookmakers lay odds on future events all the time.

Compared to a year ago, the public information suggesting Trump will be prosecuted is infinitely stronger and more persuasive.

[Progressive dog]

57. Not on unique events

Have they been laying odds on Trump being indicted?

[Fiendish Thingy]

58. Au contraire

https://fastphillysports.com/will-trump-be-indicted-vegas-says-no-39-2-probability-he-will-be/

https://www.vegasodds.com/news/donald-trump-vegas-odds-to-be-indicted-in-2022/

https://www.oddschecker.com/us/insight/specials/politics/20220818-donald-trump-indictment-how-did-the-fbi-raid-impact-the-odds

[Progressive dog]

59. None of those links work for me.

[Fiendish Thingy]

60. Not sure why- I just visited those pages moments before I posted.

You can read in the links what the topics are.

Perhaps you have some sort of blocker affecting loading the sites?

[Progressive dog]

63. I do use blockers

but they tell me if the site is blocked and why. The topics don't prove that actual bets are being taken and the odds are not just based on the bets placed. People bet on all kinds of stuff, it doesn't mean that they have special knowledge.

[msfiddlestix]

43. what are your bonafides?

just asking for a friend....





j

[Fiendish Thingy]

46. Um, I'm an Eagle Scout...is that what you mean?

[msfiddlestix]

50. Didn't know Eagle Scouts was a Legal Profession, but just add that to list of

things we didn't know about all things of legal procedures and how Justice should work.

[Fiendish Thingy]

51. Never held myself out as a legal expert

Just someone who has been calmly paying attention.

[msfiddlestix]

52. hmm.

[BlackSkimmer]

48. The people with their hair on fire seem to be the "OMG CNN" folks.

I’m not pleased about this judge, but I’m not surprised. At all.

[Justice matters.]

61. Unseal the sealed GJ indictment for Obstruction of Justice

Hopefully, one that was sealed prior to the corrupt judge ruling.

[Fiendish Thingy]

62. What sealed indictment?

No evidence that one exists.

[Justice matters.]

64. It should exist. The warrant was executed beginning of August.

Plenty of time to present the evidence to the GJ (before the corrupt judge lawless interruption).

Then sealed. When you go to war against Fascists, better prepare a bullet-proof counter strike.