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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forums*** Breaking*** Eleventh Circuit Court Of Appeals Halts Special Master
Says even former presidents aren't above the law.
Tommy Carcetti
(44,498 posts)Ocelot II
(130,533 posts)remains: that Plaintiff is a former President of the United States. It
is indeed extraordinary for a warrant to be executed at the home of
a former presidentbut not in a way that affects our legal analysis
or otherwise gives the judiciary license to interfere in an ongoing
investigation. The Richey test has been in place for nearly fifty
years; its limits apply no matter who the government is
investigating. To create a special exception here would defy our
Nations foundational principle that our law applies to all, without
regard to numbers, wealth, or rank. State of Georgia v. Brailsford,
3 U.S. (3 Dall.) 1, 4 (1794).
* * *
The law is clear. We cannot write a rule that allows any
subject of a search warrant to block government investigations
after the execution of the warrant. Nor can we write a rule that
allows only former presidents to do so. Either approach would be
a radical reordering of our caselaw limiting the federal courts
involvement in criminal investigations. And both would violate
bedrock separation-of-powers limitations. Accordingly, we agree
with the government that the district court improperly exercised
equitable jurisdiction, and that dismissal of the entire proceeding is
required.
The district court improperly exercised equitable
jurisdiction in this case. For that reason, we VACATE the
September 5 order on appeal and REMAND with instructions for
the district court to DISMISS the underlying civil action.
UTUSN
(77,795 posts)that nobody is above the law, that *HE* isn't.
calimary
(90,021 posts)All these stupid lies he tells about he never met some person or he doesnt know So-&-So - which is a big bag of baloney. He ALWAYS says that, and its ALWAYS a lie.
Heck, just about every last thing he EVER says about anything is a lie.
Takket
(23,715 posts)it not only dismisses all of drumpf's arguments but also CRUSHES Loose Cannon for her horrific decision and points out many times how she took it upon herself to apply standards she never should have
Cannon should be impeached.
Ocelot II
(130,533 posts)I'll be hunting for the order.
Aha, Tommy already found it! Thanks!
onecaliberal
(36,594 posts)🙏🏻
Cha
(319,076 posts)"DOJ Halts Special Master"?
Mahalo!
secondwind
(16,903 posts)Now, its been taken away.
Cha
(319,076 posts)mixed up, though.. I was thinking "Special Counsel"
Now this makes Sense!
Who had the Power to take it away?
TY!
catbyte
(39,152 posts)for granting a Special Master in the first place and that the orange scumbag is just Joe Blow now in the eyes of the law.
Cha
(319,076 posts)catbyte@
onecaliberal
(36,594 posts)This order is a complete rejection of every one or trumps arguments. I just read the 23 pages.
Cha
(319,076 posts)Master & Special Counsel mixed up!
So what will happen to Cannon? TY!
onecaliberal
(36,594 posts)Hassin Bin Sober
(27,461 posts)FalloutShelter
(14,465 posts)For the traitor.
hookaleft
(1,093 posts)What does this mean??
Boomerproud
(9,292 posts)Does this accelerate things?
chriscan64
(1,789 posts)In my opinion, the special master has been the main holdup for indictment because the non-classified documents they had no access to will be used to make their case. For example, shoving nuclear secrets in a box next to a photo of Celine Dion proves improper handling or something like that.
I could be wrong, but we will see. My answer is yes, things will accelerate.
Ohio Joe
(21,898 posts)To the Grand Jury they convened for the documents case.
Tickle
(4,131 posts)Do you have a link?
malaise
(296,103 posts)Discussing
KaBOOM!
Cannon misfired.
ananda
(35,145 posts)Period
It's a good day.
malaise
(296,103 posts)😀
H2O Man
(79,052 posts)The systems held, and are now functioning rather well. I'm impressed.
LetMyPeopleVote
(179,868 posts)Corgigal
(9,298 posts)must have felt that black slap.
Just ruined her career, in record time,
She has a lifetime appointment.
Having a decision reversed on appeal, even having it slapped silly, is, at worst, a slight embarrassment.
Anyone corrupt enough to do what she did in the first place, is going to suffer no pangs of conscience.
And there's nothing the system can do about it.
Her decision, wrong as it was, is not grounds for impeachment. And that's the only way to get rid of a federal judge.
LetMyPeopleVote
(179,868 posts)chillfactor
(7,694 posts)are ABOVE the law?????????
Wingus Dingus
(9,173 posts)chillfactor
(7,694 posts)Mad_Machine76
(24,957 posts)*aren't*?
chillfactor
(7,694 posts)posted it wrong first time.....poster changed it
Mad_Machine76
(24,957 posts)hlthe2b
(113,971 posts)review/investigation of her competence and ethics.
gab13by13
(32,321 posts)This is a huge rebuke to Judge Cannon, basically telling her that she didn't have jurisdiction to delay the DOJ investigation.
Getting rid of the Special Master is a big win for DOJ, a big win for rule of law.
hookaleft
(1,093 posts)tishaLA
(14,777 posts)He'll try to appeal it to them, but they're not going to grant cert to this slam dunk.
brooklynite
(96,882 posts)WarGamer
(18,613 posts)TheProle
(3,980 posts)WarGamer
(18,613 posts)11th US Circuit Court of Appeals halts Special Master
BlueCheeseAgain
(1,983 posts)Also, it's the 11th Circuit Court of Appeals, not the DOJ, that made the decision.
Cha
(319,076 posts)had any Power to do that!
grantcart
(53,061 posts)underpants
(196,495 posts)tishaLA
(14,777 posts)Just going after her for inventing things out of whole cloth and not letting a lack of information stand in the way of making a ruling. For example:
BigmanPigman
(55,137 posts)malaise
(296,103 posts)Mr. Ected
(9,714 posts)Have politicians in the past reached out to a bought and paid for judge like Cannon to render a particular verdict?
Do the judges ever suffer the repercussions? Or is a lifetime appointment in a red state a rubber stamp for a lifetime of criming?
uponit7771
(93,532 posts)... judge was truly not ruling in favor of US law.
chriscan64
(1,789 posts)He appeals every lost case, all the way up to the Supreme Court if needed, simply on the grounds that he lost. The Supremes should consider making him an Express Lane, 5 cases or less.
gratuitous
(82,849 posts)Followed by application for a writ of certiorari at the Supreme Court. The sole purpose of this nonsense is to postpone the day of reckoning as long as possible, and maybe, just maybe, get a decision that certifies that the former guy is indeed above the law.
But it's not often you see an opinion citing a case from 1794.
gab13by13
(32,321 posts)There won't be any waiting the way I read it: this was the Appeals court's decision.
The district court improperly exercised equitable
jurisdiction in this case. For that reason, we VACATE the
September 5 order on appeal and REMAND with instructions for
the district court to DISMISS the underlying civil action.
DOJ can proceed with its investigation, there will be no waiting for an appeal to the SC.
The investigation was already delayed, however. Trump had time to hide more documents.
Kingofalldems
(40,278 posts)Kick and rec.
Mz Pip
(28,454 posts)He wants to drag this out.
onenote
(46,142 posts)Just as they refused to stay the 11th Circuit's previous order that applied to the classified documents. The reasoning in both instances is the same.
Mz Pip
(28,454 posts)But the appeal will just drag this out. Thats the intent.
onenote
(46,142 posts)Response to DemocratSinceBirth (Original post)
liberal N proud This message was self-deleted by its author.
LW1977
(1,611 posts)onenote
(46,142 posts)that the Special Master has done to this point.
Got a chuckle out of that.
Scrivener7
(59,522 posts)This is a good day!
moondust
(21,286 posts)Legal analysts on TV saying she basically invented some stuff that helped TFG's case. Prof Tribe says "she hasn't done anything right in this case."