U.S. appeals court rules Throws out Special Master

WASHINGTON, Dec 1 (Reuters) - A U.S. appeals court on Thursday dealt a blow to Donald Trump, reversing a judge's appointment of an independent arbiter to vet documents seized by the FBI from his Florida home and allowing all of the records to be used in a criminal investigation of the former president.

The Atlanta-based 11th Circuit U.S. Court of Appeals ruled in favor of the Justice Department in its challenge to Florida-based U.S. District Judge Aileen Cannon's September decision to name a "special master" to review the records to decide if some should be kept from investigators.

link

The question now is will Trump go to the SCOTUS.

Because two of these judges were appointed by Trump and the other one was GOP appointed judge, he might not appeal.

a reply to: peaceinoutz

Judges be like



Lawyers getting paid no matter who wins

a reply to: peaceinoutz

I thought it was already determined there wasn't anything out of the ordinary in these files?

It's hard to keep up with all the BS these days. Maybe I'm thinking of another story in the "Days of our lives" episode.

The three-judge 11th Circuit panel said Cannon lacked the authority to grant Trump's request for a special master made in a lawsuit he filed two weeks after FBI agents carried out a court-approved Aug. 8 search at his Mar-a-Lago estate in Palm Beach. It also overturned Cannon's decision to bar investigators from accessing most of the records pending the review and threw out Trump's suit.

...Trump faces a federal criminal investigation into his retention of sensitive government records after leaving office in January 2021, including whether he violated a 1917 law called the Espionage Act that makes it a crime to release information harmful to national security. Investigators also are looking into potential unlawful obstruction of the probe.

...FBI agents seized about 11,000 records, including about 100 marked as classified, during the search.

The 11th Circuit said that while a search warrant for a former president's property is "extraordinary," it did not give "the judiciary license to interfere in an ongoing investigation." The court also said Trump did not prove there was a "callous disregard" for his constitutional rights in the search of his property, one of the few reasons a court can intervene in an ongoing investigation.

Trump may go to the SCOTUS according to this

Trump is likely to appeal the 11th Circuit's action to the conservative-majority U.S. Supreme Court. The 11th Circuit said its order will not take effect for seven days, during which Trump could seek to challenge it.

A Trump spokesperson called the decision "purely procedural and based only on jurisdiction," and said it did not address the merits of the case.

"President Donald J. Trump will continue to fight against the weaponized Department of 'Justice,' while standing for America and Americans," the spokesperson added.

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There Trump probably will lose 8 to 1, and Thomas likely will provide that one vote.

The appellate judges absolutely excoriated Cannon and even took some shots at Trump's lawyers.

If Trump was smart he'd just let things lie and start working on his defense, because taking this to SCOTUS is just going to be a waste of money.

a reply to: peaceinoutz

I don't even know if Thomas would provide a dissenting opinion. When Trump tried to overturn the 11th Circuit's order allowing the DOJ access to the classified documents the Justices unanimously decided not to hear the case.

Trump's current arguments aren't really any different than the ones the made then.

a reply to: Xcalibur254

As far as I know, he's not paying his legal bills, his supporters are.

He likely will do that just to delay the case further.

originally posted by: Xcalibur254
a reply to: peaceinoutz

I don't even know if Thomas would provide a dissenting opinion. When Trump tried to overturn the 11th Circuit's order allowing the DOJ access to the classified documents the Justices unanimously decided not to hear the case.

Trump's current arguments aren't really any different than the ones the made then.

Maybe you are right. Thomas, though, is transparently biased. In other cases in the past, he provided the only Pro-Trump vote.

You guys got him now.
Maybe the 9000th time will be the charm.

a reply to: RazorV66

Trump made his own bed.

a reply to: peaceinoutz

It wouldn't really delay it though. The SCOTUS aren't likely to order an injunction that would prevent the DOJ from accessing documents until they Conference on the case.

a reply to: RazorV66

Every new thing to get Trump just leads me to believe what he stands for is everything they don't want. MAGA (Make America Great Again) is now something that you attack people over? I mean how partisan are some of these people? If Joe Biden came out and said make America great again I'd be all for it, why does it matter who says it?

I think the reason 75" TV's are $500 bucks now is because the brainwashing tool, that it is, works, really really well.

I never thought in my life that people would think "making America great again" could be construed in a negative manner.

originally posted by: RazorV66

originally posted by: peaceinoutz
a reply to: RazorV66

Trump made his own bed.

POST REMOVED BY STAFF

Yeah. Nobody told him to take those classified documents to Mar largo. He did that all by himself.
Of course, he has every right to fight the government with all the tools he can use. I don’t begrudge him for that.

originally posted by: Xcalibur254
a reply to: peaceinoutz

It wouldn't really delay it though. The SCOTUS aren't likely to order an injunction that would prevent the DOJ from accessing documents until they Conference on the case.

That may be the case.

originally posted by: litterbaux
a reply to: peaceinoutz

I thought it was already determined there wasn't anything out of the ordinary in these files?

It's hard to keep up with all the BS these days. Maybe I'm thinking of another story in the "Days of our lives" episode.

Another judge ruled in October that Special Master John Dearie couldn't see the "good stuff" anyway.

The 100 documents with classification markings contain what the FBI wants kept hidden from everyone outside the DOJ. That's where "the good stuff" lies.

Judge Dearie is 82 years old, and probably relieved this Special Master assignment of examining photos, panties, get well cards, etc.. is now removed from his life. He thought he'd be finished pouring over 10,000 items of B.S. by November 30th, LOL.

originally posted by: litterbaux
a reply to: RazorV66

Every new thing to get Trump just leads me to believe what he stands for is everything they don't want. MAGA (Make America Great Again) is now something that you attack people over? I mean how partisan are some of these people? If Joe Biden came out and said make America great again I'd be all for it, why does it matter who says it?

I think the reason 75" TV's are $500 bucks now is because the brainwashing tool, that it is, works, really really well.

I never thought in my life that people would think "making America great again" could be construed in a negative manner.

Democrats hate America.
That’s a fact.

Trumps lawyers be like:



#failblog.org

a reply to: carewemust

I'll be honest, I didn't look into this judge until you mentioned his name.

What to know about Judge Raymond Dearie, the Mar-a-Lago search special master

Seems like NPR has/had a pretty good outlook on his ability to judge fairly. I wonder why the sudden dismissal?

As predicted. The exit plan is moving along. 😀

Perfect flopping red herring 😀