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*** Breaking*** Eleventh Circuit Court Of Appeals Halts Special Master (Original Post) DemocratSinceBirth Dec 2022 OP
Link to entire decision here: Tommy Carcetti Dec 2022 #1
The court of appeals has kicked a big orange butt. Ocelot II Dec 2022 #22
"The law is clear" - what Drumpf will say, "Nobody knows" meaning *HE* doesn't know UTUSN Dec 2022 #47
Except that it's much more likely that he damn well DOES know! calimary Dec 2022 #68
wow... i read the whole thing........ Takket Dec 2022 #58
Excellent! On Nicole Wallace's show now. Ocelot II Dec 2022 #2
I'm actually starting to think they're going to get him. onecaliberal Dec 2022 #3
Hi.. what does that mean Cha Dec 2022 #19
Trump had requested a Special Master, and it was granted. secondwind Dec 2022 #29
Cool! TY secondwind! I got Cha Dec 2022 #32
The Eleventh Circuit Court of Appeals essentially told Judge Cannon she's full of shit catbyte Dec 2022 #42
I love your Translation.. Mahalo Cha Dec 2022 #66
Loose cannon and her special master are done. onecaliberal Dec 2022 #44
Sorry, never mind.. I got Special Cha Dec 2022 #23
It's okay, it's confusing and they sound similar. onecaliberal Dec 2022 #45
Unfortunately, nothing will happen to Cannon's lifetime appointment. She's untouchable. Hassin Bin Sober Dec 2022 #64
Sad trombone FalloutShelter Dec 2022 #4
wtf?? hookaleft Dec 2022 #5
I hope someone can explain cause and effect. Boomerproud Dec 2022 #27
I am not an expert, so take with grain of salt. chriscan64 Dec 2022 #62
The DOJ can now present the documents... Ohio Joe Dec 2022 #65
i'm only finding things from September Tickle Dec 2022 #6
On M$NBC now malaise Dec 2022 #11
She should be disbarred and removed from the bench! ananda Dec 2022 #15
Agree malaise Dec 2022 #16
!!!!! H2O Man Dec 2022 #30
A goodweek 😎 malaise Dec 2022 #33
Indeed, it is. H2O Man Dec 2022 #39
Here is a link to the opinion LetMyPeopleVote Dec 2022 #60
Judge Corrupt Corgigal Dec 2022 #7
Sadly, no dpibel Dec 2022 #21
Judge Loose Cannon will forever be remembered as the partisan hack LetMyPeopleVote Dec 2022 #61
former presidents chillfactor Dec 2022 #8
Yeah, I hope that's a typo. Wingus Dingus Dec 2022 #10
oops read it wrong chillfactor Dec 2022 #12
Did you mean Mad_Machine76 Dec 2022 #9
yep chillfactor Dec 2022 #17
I *thought* that's what you were going for Mad_Machine76 Dec 2022 #18
Trump is the focus, but I'd dearly like to see Judge Aileen Cannon get a serious hlthe2b Dec 2022 #13
It says the opposite of former presidents are above the law. gab13by13 Dec 2022 #14
This is going to the Supremes....nt hookaleft Dec 2022 #20
They won't hear it. tishaLA Dec 2022 #41
Inaccurate headline. Decision by 11th Circuit Court of Appeals brooklynite Dec 2022 #24
exactly. WarGamer Dec 2022 #28
Please fix your OP TheProle Dec 2022 #25
strange wording... should read: WarGamer Dec 2022 #26
One GWB judge and two Trump judges. All rule against him. BlueCheeseAgain Dec 2022 #31
TY! 'cause I didn't think the DOJ Cha Dec 2022 #34
Cause that is the law. grantcart Dec 2022 #51
Ha ha ha ha underpants Dec 2022 #35
They really go after that MAGAt judge in the ruling tishaLA Dec 2022 #36
This and his taxes being turned over make it a good day! BigmanPigman Dec 2022 #37
This too malaise Dec 2022 #43
Has anyone in American history ever used the courts in this manner? I'm truly curious. Mr. Ected Dec 2022 #38
the courts have to agree to not be used in this manner, there should be some oversight cause this uponit7771 Dec 2022 #46
I would venture that nobody has ever used the courts like Trump. chriscan64 Dec 2022 #63
Next up, a demand for en banc review gratuitous Dec 2022 #40
Cases were cited from many years, gab13by13 Dec 2022 #50
Trolls foiled again! Kingofalldems Dec 2022 #48
Trump will appeal Mz Pip Dec 2022 #49
He can appeal, but the Supreme Court is not going to stay the appeals court order. onenote Dec 2022 #52
He'll lose Mz Pip Dec 2022 #53
It won't drag it out unless the 11th Circuit order is stayed. And it won't be. onenote Dec 2022 #54
This message was self-deleted by its author liberal N proud Dec 2022 #55
Tiny violins for Bencheeto Trumpolini and his corrupt judge! LW1977 Dec 2022 #56
Fun fact: the special master process is stopped in its tracks. But Trump has to pay for all the work onenote Dec 2022 #57
That is my SECOND favorite thing today! The first favorite thing is Snoop on a Stoop. Scrivener7 Dec 2022 #59
Can Cannon be disciplined? moondust Dec 2022 #67
no onenote Dec 2022 #69

Ocelot II

(130,533 posts)
22. The court of appeals has kicked a big orange butt.
Thu Dec 1, 2022, 06:53 PM
Dec 2022
Only one possible justification for equitable jurisdiction
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 president—but 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
Nation’s 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)
47. "The law is clear" - what Drumpf will say, "Nobody knows" meaning *HE* doesn't know
Thu Dec 1, 2022, 07:24 PM
Dec 2022

that nobody is above the law, that *HE* isn't.






calimary

(90,021 posts)
68. Except that it's much more likely that he damn well DOES know!
Fri Dec 2, 2022, 04:13 AM
Dec 2022

All these stupid lies he tells about he “never met” some person or he “doesn’t know” So-&-So - which is a big bag of baloney. He ALWAYS says that, and it’s ALWAYS a lie.

Heck, just about every last thing he EVER says about anything is a lie.

Takket

(23,715 posts)
58. wow... i read the whole thing........
Thu Dec 1, 2022, 08:15 PM
Dec 2022

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)
2. Excellent! On Nicole Wallace's show now.
Thu Dec 1, 2022, 06:44 PM
Dec 2022

I'll be hunting for the order.

Aha, Tommy already found it! Thanks!

secondwind

(16,903 posts)
29. Trump had requested a Special Master, and it was granted.
Thu Dec 1, 2022, 06:55 PM
Dec 2022

Now, it’s been taken away.

Cha

(319,076 posts)
32. Cool! TY secondwind! I got
Thu Dec 1, 2022, 06:58 PM
Dec 2022

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)
42. The Eleventh Circuit Court of Appeals essentially told Judge Cannon she's full of shit
Thu Dec 1, 2022, 07:05 PM
Dec 2022

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.

 

onecaliberal

(36,594 posts)
44. Loose cannon and her special master are done.
Thu Dec 1, 2022, 07:10 PM
Dec 2022

This order is a complete rejection of every one or trumps arguments. I just read the 23 pages.

Cha

(319,076 posts)
23. Sorry, never mind.. I got Special
Thu Dec 1, 2022, 06:53 PM
Dec 2022

Master & Special Counsel mixed up!

So what will happen to Cannon? TY!

chriscan64

(1,789 posts)
62. I am not an expert, so take with grain of salt.
Thu Dec 1, 2022, 09:30 PM
Dec 2022

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)
65. The DOJ can now present the documents...
Thu Dec 1, 2022, 11:10 PM
Dec 2022

To the Grand Jury they convened for the documents case.

dpibel

(3,944 posts)
21. Sadly, no
Thu Dec 1, 2022, 06:52 PM
Dec 2022

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.

hlthe2b

(113,971 posts)
13. Trump is the focus, but I'd dearly like to see Judge Aileen Cannon get a serious
Thu Dec 1, 2022, 06:47 PM
Dec 2022

review/investigation of her competence and ethics.

gab13by13

(32,321 posts)
14. It says the opposite of former presidents are above the law.
Thu Dec 1, 2022, 06:48 PM
Dec 2022

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.

tishaLA

(14,777 posts)
41. They won't hear it.
Thu Dec 1, 2022, 07:05 PM
Dec 2022

He'll try to appeal it to them, but they're not going to grant cert to this slam dunk.

BlueCheeseAgain

(1,983 posts)
31. One GWB judge and two Trump judges. All rule against him.
Thu Dec 1, 2022, 06:58 PM
Dec 2022

Also, it's the 11th Circuit Court of Appeals, not the DOJ, that made the decision.

tishaLA

(14,777 posts)
36. They really go after that MAGAt judge in the ruling
Thu Dec 1, 2022, 07:04 PM
Dec 2022

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:

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.

Mr. Ected

(9,714 posts)
38. Has anyone in American history ever used the courts in this manner? I'm truly curious.
Thu Dec 1, 2022, 07:04 PM
Dec 2022

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)
46. the courts have to agree to not be used in this manner, there should be some oversight cause this
Thu Dec 1, 2022, 07:16 PM
Dec 2022

... judge was truly not ruling in favor of US law.

chriscan64

(1,789 posts)
63. I would venture that nobody has ever used the courts like Trump.
Thu Dec 1, 2022, 09:35 PM
Dec 2022

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)
40. Next up, a demand for en banc review
Thu Dec 1, 2022, 07:04 PM
Dec 2022

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)
50. Cases were cited from many years,
Thu Dec 1, 2022, 07:34 PM
Dec 2022

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.

onenote

(46,142 posts)
52. He can appeal, but the Supreme Court is not going to stay the appeals court order.
Thu Dec 1, 2022, 07:37 PM
Dec 2022

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.

Response to DemocratSinceBirth (Original post)

onenote

(46,142 posts)
57. Fun fact: the special master process is stopped in its tracks. But Trump has to pay for all the work
Thu Dec 1, 2022, 08:06 PM
Dec 2022

that the Special Master has done to this point.

Got a chuckle out of that.

Scrivener7

(59,522 posts)
59. That is my SECOND favorite thing today! The first favorite thing is Snoop on a Stoop.
Thu Dec 1, 2022, 08:53 PM
Dec 2022


This is a good day!

moondust

(21,286 posts)
67. Can Cannon be disciplined?
Thu Dec 1, 2022, 11:28 PM
Dec 2022

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."

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