Meh. This was expected because of the judge. DOJ will have to appeal this ruling because it extends attorney client privilege matters to a weird realm of executive privilege. It’s a legit stretch.
Demoncrats raid Mar-A-Largo to stop Trump because they do not have a candidate
- Thread starter TreeFrogTrader
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Meh. This was expected because of the judge. DOJ will have to appeal this ruling because it extends attorney client privilege matters to a weird realm of executive privilege. It’s a legit stretch.
No, it does not extend attorney client privilege to executive privilege or what the claim is. It puts the preliminary sorting of that into the hands of an independent court master. duh. That is what it all about. They might be able to appeal the findings of certain categories based on the decision of the court master but they do not know what his findings will be. The court master will have to give reasons for the categorization of each document and the court can agree or disagree- even without the government seeing it- but based on the court's review of it.
But if Garland has all sorts of issues and a basis for appeal, go for it. I have only said that Piezoe's bullshit trashing of my statement that there will be a court master, and the legal citations with it, do not apply and that there will be a court master appointed. Howz that lookin?
And I have said, that once the raid is over, that the defense shows up that suddenly things will start getting very complicated for Garland very fast. Howz that lookin?
That is true even if he wins something on appeal? He is going to have to work every step of the way on everything now. That little raid was fun for him and he got everything easily because the granting of the search warrant is an ex parte process. The defense is not even there, obviously. Gets more difficult after that.
Anyway. Get going Garland. You first time in the ring has not gone well.
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I read the transcript of the hearing and the order. The DOJ has to challenge the extension of executive privilege. If for no other reason this is a brand new extension of privilege not to mention the order itself is faulty in that it allows ODNI to continue its work.
https://storage.courtlistener.com/recap/gov.uscourts.flsd.618763/gov.uscourts.flsd.618763.64.0_2.pdf
Well, as I said. Garland needs to get going then.
I have only said that he has work to do now. No more easy fake raids.
Get going. I will watch. Another fifty or sixty issues right behind it.
I am not as sure as you and GWB are that this is an appealable issue for the purpose of blocking the court masters appointment. The final classification of the documents is subject to the judge's oversight and final ruling with opportunity to have the parties heard on each issue in dispute. But I am not sure it is a basis for stopping the court master appointment.
But that is for Merrick Garland to figure out. If has something to appeal right now, go for it.
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For the record, I have zero beef with the appointment of a special master for attorney client matters. Trump should have the same rights as anyone else who got their property seized and there is a reasonable belief some protected material may be in there. That was the filter teams job.
This order stretches attorney client privilege into another universe of executive privilege. As if there is anyone who could be a master of the executive privilege of an out of power former president. This would give former presidents actionable power over the current executive branch. That was the whole point of the presidential records act. When a president is done so is their authority.
I don’t know who this guy is but he understands the main issue with this:
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I will tell you where we are apart and I am apart from the twitter guy, and then let it go. I don't have a boner for going several rounds.
The court master serves the court. The parties are not handing final resolution of the disposition of the documents and other materials over to the court master as though the parties are somehow agreeing to enter into binding arbitration or something. They are not.
The court will give great deference to the findings and recommendations of the court master because the court will be appointing someone who can bring great knowledge and experience to the matter and the court master will serve as administrator for good parts of the process. That is what the court master will be hired for, so the judge will rely on that person to the extent it is reasonable. But make no mistake about it, the court master is not the final adjudicator as the twitter guy or maybe even you are suggesting. The judge has final authority and where the parties disagree with the findings and recommendations of the courtmaster, they can petition the judge to hear those issues anew before the judge (or "de novo" in legal parlance).
Thus, as I have said before, Merrick Garland and Trump may have appealable issues from that but must await exhaustion of legal remedies (ie. the court master's findng and then the judges actual adjudication) before appealing. Or at least that is an issue. The issue of whether you can actually block the appointment of a court master is one issue. If Garland wants to have another bite at the apple on that, then, as I said, go for it. But to appeal on what one speculates will be the finding of a court master and the judge on the disclosure or certain materials will be premature until that is actually done. The appellant must be adversely impacted by a poor decision. Not "the court master and the court could reach a decision I don't like, so I want to appeal the process and not even start down that road. I mean you could argue that, but it is a tougher row to hoe.
Most likely the appointment of the court master will not be stopped and Garland will lose that. Also most likely when they take their beefs with the findings of court master before the judge at some time this year or next, Trump will win some and Garland will win some as the specific obections on a document by document, or category by category arise. The number if issues will be vast. How much the judge will rubber stamp the court masters work or allow replays before the court or in chambers remains to be seen. It depends on how the thing evolves and whether she is sympatico with the court master or likes to do mud wrestling on everything.
Also, so that we don't get too far ahead of our skiis, it must be noted that the parties must agree to the structure and expectations and compensation of court master. I can't say that Garland will not or could not find something appealable upfront if he does not like X, Y, Z. Problem is the appointment of court masters is pretty meat and potatoes and established procedure if the court wishes to so order, so he will need to find something that makes him special.
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Good trade.
I thought of you and this call when I saw this morning there was doubt in the second round of funding for Truth social. Excellent trade.