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EndlessWire

(6,573 posts)
Fri Sep 23, 2022, 10:39 AM Sep 2022

Please clarify for me

the role of the SM.

I know that Dearie is a semi-retired Judge, middle to a little right, highly regarded. He hired an assistant, Orenstein, also highly regarded.

The Plaintiff wanted a SM, so he got one. Dearie!

The District Court reserved her right to dump the SM for any reason, anytime she feels like it.

The SM is basically sorting out the "property" that was seized. He will consult with Cannon if necessary.

This is what I want to know: They are meeting in Court, with hearings. But, they are not at trial. But, he's making judgements. How exactly does what he is doing mesh with the District Court? For instance, can he hold the Trump lawyers in contempt, or does he have to run back to Cannon for such things? Can he make his own appeal to the Appellate court?

Are we going to see Trump object to this new assistant, Orenstein? Does he get to object to the amount of money he is paid, which Trump is on the hook for?

What kind of recommendations is Dearie going to make to Cannon? I am terribly thrilled to see that perhaps Dearie is going to apply the law, which apparently Cannon wasn't capable of doing, but is this feeling of power correctly applied, or is Dearie just trimming the fat? Does this suit have to return to the warrant court after he is through?

11 replies = new reply since forum marked as read
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Please clarify for me (Original Post) EndlessWire Sep 2022 OP
I think that Dearie decided it was time for a real judge to step up and take over Walleye Sep 2022 #1
Yup! SheltieLover Sep 2022 #4
The SM's duties and powers are listed in Rule 53 of the Federal Rules of Civil Procedure. Ocelot II Sep 2022 #2
+1 2naSalit Sep 2022 #7
TY! n/t EndlessWire Sep 2022 #10
Don't know the correct answers but claudette Sep 2022 #3
Is this EndlessWire Sep 2022 #9
Not sure claudette Sep 2022 #11
Dunno, but I'll bet they are squirming about demand they show evidence FBI fabricated their findings SheltieLover Sep 2022 #5
I thought I read she removed the clause about removing the SM AZSkiffyGeek Sep 2022 #6
She removed the part about EndlessWire Sep 2022 #8

Walleye

(31,068 posts)
1. I think that Dearie decided it was time for a real judge to step up and take over
Fri Sep 23, 2022, 10:44 AM
Sep 2022

He’s been a judge a long time, I imagine he doesn’t suffer fools. Trump team really fucked up when they pick him using their own shallow criteria

Ocelot II

(115,879 posts)
2. The SM's duties and powers are listed in Rule 53 of the Federal Rules of Civil Procedure.
Fri Sep 23, 2022, 10:46 AM
Sep 2022
https://www.law.cornell.edu/rules/frcp/rule_53

I really doubt that Cannon will try to control Dearie after the ass-whuppin' she got from the 11th Circuit. That must have been extremely embarrassing for a new, inexperienced and only marginally qualified federal judge who didn't know the law well enough to be able to disguise her bias.

claudette

(3,605 posts)
3. Don't know the correct answers but
Fri Sep 23, 2022, 10:46 AM
Sep 2022

I did read that Dearie asked Dump’s lawyers why they didn’t go back to the Magistrate Judge who signed the search warrant to ask for the Special Master. I am waiting to see what their answer is to that question. I think it should have been asked and answered immediately when he was chosen.

EndlessWire

(6,573 posts)
9. Is this
Fri Sep 23, 2022, 11:44 AM
Sep 2022

an indication that Dearie or Orenstein think that it is in the wrong Court? I wonder why it is not transferred to DC where it belongs.

claudette

(3,605 posts)
11. Not sure
Fri Sep 23, 2022, 01:21 PM
Sep 2022

if it's even possible to go back now. I was hoping to see what Dump's lawyers said. I'll have to Google it. 🙂

SheltieLover

(57,073 posts)
5. Dunno, but I'll bet they are squirming about demand they show evidence FBI fabricated their findings
Fri Sep 23, 2022, 11:02 AM
Sep 2022






Ps - I hope DOJ can get venue change. Cannon obv neither understands the law, nor does she appear to have any regard for it.

Federalist all the way!

AZSkiffyGeek

(11,087 posts)
6. I thought I read she removed the clause about removing the SM
Fri Sep 23, 2022, 11:32 AM
Sep 2022

When she amended her ruling after the 11th Circuit shot her down.

EndlessWire

(6,573 posts)
8. She removed the part about
Fri Sep 23, 2022, 11:41 AM
Sep 2022

prohibiting the use of the docs to continue the criminal investigation, and that other part, but I didn't get back to compare paragraph numbers to what was stricken. I'll try later.

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