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Judge appoints special master, denying DOJ access to classified records - SteveG - 09-16-2022
the fix is in until November 30th
Judge appoints special master, denying DOJ access to classified records
AP story=>https://apnews.com/article/new-york-donald-trump-brooklyn-mar-a-lago-government-and-politics-4a6200ebc4fe6418c25ca380a43a6338?utm_source=homepage&utm_medium=TopNews&utm_campaign=position_3
WASHINGTON (AP) — A federal judge on Thursday appointed a veteran New York jurist to serve as an independent arbiter in the criminal investigation into the presence of classified documents at former President Donald Trump’s Florida home, and refused to permit the Justice Department to resume its use of the highly sensitive records seized in an FBI search last month.
U.S. District Judge Aileen Cannon empowered the newly named special master, Raymond Dearie, to review the entire tranche of records taken in the Aug. 8 search of Mar-a-Lago and set a November deadline for his work. In the meantime, she continued to block the department from using for its investigation roughly 100 documents marked as classified that were seized.
The sharply worded order from Cannon, a Trump appointee, will almost certainly slow the pace of the investigation and set the stage for a challenge to a federal appeals court. The department had given Cannon until Thursday to put on hold her order pausing investigators’ review of classified records while the special master completes his work. The department said it would ask the Atlanta-based 11th U.S. Circuit Court of Appeals to intervene if she did not do so by then.
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A page from the order by U.S. District Judge Aileen Cannon naming Raymond Dearie as special master to serve as an independent arbiter and to review records seized during the FBI search of former President Donald Trump's Mar-a-Lago estate, is photographed Thursday, Sept. 15, 2022. (AP Photo/Jon Elswick)
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A page from the order by U.S. District Judge Aileen Cannon naming Raymond Dearie as special master to serve as an independent arbiter and to review records seized during the FBI search of former President Donald Trump's Mar-a-Lago estate, is photographed Thursday, Sept. 15, 2022. (AP Photo/Jon Elswick)
WASHINGTON (AP) — A federal judge on Thursday appointed a veteran New York jurist to serve as an independent arbiter in the criminal investigation into the presence of classified documents at former President Donald Trump’s Florida home, and refused to permit the Justice Department to resume its use of the highly sensitive records seized in an FBI search last month.
U.S. District Judge Aileen Cannon empowered the newly named special master, Raymond Dearie, to review the entire tranche of records taken in the Aug. 8 search of Mar-a-Lago and set a November deadline for his work. In the meantime, she continued to block the department from using for its investigation roughly 100 documents marked as classified that were seized.
The sharply worded order from Cannon, a Trump appointee, will almost certainly slow the pace of the investigation and set the stage for a challenge to a federal appeals court. The department had given Cannon until Thursday to put on hold her order pausing investigators’ review of classified records while the special master completes his work. The department said it would ask the Atlanta-based 11th U.S. Circuit Court of Appeals to intervene if she did not do so by then.
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The Justice Department did not immediately comment on Thursday’s ruling.
Cannon, who last week granted the Trump team’s request for a special master over the objections of the Justice Department, made clear in her Thursday order that she was not prepared to blindly accept the government’s characterizations of the documents, saying “evenhanded procedure does not demand unquestioning trust in the determinations of the Department of Justice.”
She turned aside the department’s position that Trump could not have any ownership interests in the documents, and said she was receptive to the possibility that the former president could raise valid claims of privilege over at least some of the records. She noted ongoing disagreements between the two sides about the “proper designation of the seized materials” and the “legal implications flowing from those designations.”
“The Court does not find it appropriate to accept the Government’s conclusions on these important and disputed issues without further review by a neutral third party in an expedited and orderly fashion,” she wrote.
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As special master, Dearie will be responsible for reviewing the entire inventory of documents taken during the search of Mar-a-Lago — the FBI says it recovered about 11,000 documents from the home during its search, including roughly 100 with classification markings — and segregating out any that may be covered by claims of executive privilege or attorney-client privilege. He is also tasked with identifying any personal materials of Trump’s that should possibly be returned to him.
The Justice Department said last week that it did not believe that the special master should inspect records with classified markings or evaluate the former president’s claims of privilege. Cannon rejected both positions Thursday, directing the special master to prioritize in his review the documents marked as classified, “and thereafter consider prompt adjustments to the Court’s Orders as necessary.” She set a deadline of Nov. 30 for the special master to complete the work.
Re: Judge appoints special master, denying DOJ access to classified records - Acer - 09-16-2022
He. is. not. President.
There is no executive privilege when you're not the freaking executive any more.
Re: Judge appoints special master, denying DOJ access to classified records - Speedy - 09-16-2022
At least it should be completed by the end of the year. This judge is completely in the former president’s pocket. She is the go-to judge for extreme right wingers.
Re: Judge appoints special master, denying DOJ access to classified records - AllGold - 09-16-2022
Bet the DoJ will appeal immediately and even though the 11th Circuit consists of 6 of 11 judges appointed by Trump, they will likely rule that she is full of crap (which she is and has become somewhat of a laughing stock in the legal world).
Re: Judge appoints special master, denying DOJ access to classified records - RgrF - 09-16-2022
Maybe. Don't appeals go to a 3 member appellate panel and not the entire circuit?
Re: Judge appoints special master, denying DOJ access to classified records - GGD - 09-16-2022
Shouldn't every judge that was appointed by Trump recuse themselves in these cases (including Supreme Court justices).
Re: Judge appoints special master, denying DOJ access to classified records - Rolando - 09-16-2022
GGD wrote:
Shouldn't every judge that was appointed by Trump recuse themselves in these cases (including Supreme Court justices).
That would require a sense of ethics and decency. If they had either, the Trumpeter would not have chosen them!
Re: Judge appoints special master, denying DOJ access to classified records - pdq - 09-16-2022
RgrF wrote:
Maybe. Don't appeals go to a 3 member appellate panel and not the entire circuit?
I think that’s right, followed by an appeal to the full court if one of the parties requests it.
Kinda hope the 3 judge panel overturns, and then the question goes to all when Trump’s lawyers appeal. It’ll be useful to see exactly who is in his pocket. Also, Cannon’s ruling should be overturned by both, which would be a nice smackdown.
If either uphold it, though, we may be headed for big trouble.
Re: Judge appoints special master, denying DOJ access to classified records - cbelt3 - 09-16-2022
Does Dearie have TS/SCI clearance ? That's not something a judge or a former president can grant with the wave of a gavel or a tiny finger.
Are the materials secured properly where they are in the DOJ HQ. In a SCIF ? With controlled access ? Inspection of all materials entering and leaving ? (NO notes allowed out).
If the answer to either questions is "No" then this should not happen. PERIOD.
Da Judge has ZERO right to classified materials. I want to see a squad of hard-ass armed DIA agents and a squad of hard-assed FBI agents guarding that stuff.
Re: Judge appoints special master, denying DOJ access to classified records - pdq - 09-16-2022
Good questions.