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(Above the Law)   Top legal minds shocked -- shocked, I tell you -- to find that a Special Master Review Process involves something that's right in the name   (abovethelaw.com) divider line
    More: Fail, President of the United States, Donald Trump, Judge, document-review vendors, government's response, special master, Trump's objections, privilege review  
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4670 clicks; posted to Politics » on 29 Sep 2022 at 1:05 PM (8 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



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2022-09-29 12:18:21 PM  
Espionage.
 
2022-09-29 12:25:43 PM  
Master?
 
2022-09-29 12:40:30 PM  
"But I thought 'Special' meant he works for me! I mean, we have to pay for his assistants! It's my money, why isn't he doing what we need him to do?"
 
2022-09-29 12:58:38 PM  
Firing squad?
 
2022-09-29 1:06:43 PM  

MaudlinMutantMollusk: Master?


Special
 
2022-09-29 1:07:28 PM  
Things are not going well for Donald. Not only is he guilty of espionage, but none of his usual tactics work anymore. Plus the GOP are bleeding out money and voters trying to protect him.
 
2022-09-29 1:07:51 PM  
Check bounced.
 
2022-09-29 1:08:53 PM  
Giving a defendant the right to influence the investigation is indeed "special."
Much the same way a man eating his own caca is "special."
 
2022-09-29 1:09:23 PM  
But Judge Dearie is making them put up or shut up.

And he means it this time!
 
2022-09-29 1:12:48 PM  
I'll repeat an earlier comment I made, give Trump whatever he wants because it will blow up in his face.  Akin to giving someone enough rope to hang themselves.
 
2022-09-29 1:13:10 PM  
Waiting for the he really works for the DOJ arguement to have him removed from the case since he isn't getting paid by Trump.
 
2022-09-29 1:14:14 PM  
DOJ, Judge Dearie and the 11th Circuit have boxed Trump in pretty good by not allowing this Calvinball shit from Judge Cannon to continue.
 
2022-09-29 1:15:34 PM  

Soup4Bonnie: DOJ, Judge Dearie and the 11th Circuit have boxed Trump in pretty good by not allowing this Calvinball shiat from Judge Cannon to continue.


Yup.
And it's driving certain people here on fark absolutely insane.
Kinda weird but whatevs.
 
2022-09-29 1:18:06 PM  

Soup4Bonnie: DOJ, Judge Dearie and the 11th Circuit have boxed Trump in pretty good by not allowing this Calvinball shiat from Judge Cannon to continue.


I sure farking hope so.
 
2022-09-29 1:19:18 PM  

bighairyguy: I'll repeat an earlier comment I made, give Trump whatever he wants because it will blow up in his face.  Akin to giving someone enough rope to hang themselves.


That's what people have done his entire life. At some point I'd like to see the noose.
 
2022-09-29 1:19:49 PM  
FTA: "The government expects Plaintiff to pay the vendor's invoices promptly when rendered."

Yeah, sure. Trump will be prompt to pay the invoices.

Fark user imageView Full Size
 
2022-09-29 1:21:15 PM  

Weaver95: Things are not going well for Donald. Not only is he guilty of espionage, but none of his usual tactics work anymore. Plus the GOP are bleeding out money and voters trying to protect him.


He's still managing to delay the process, even if by shorter intervals than he would like. Whether it will be enough to carry him into the 2024 election season remains to be seen.
 
2022-09-29 1:21:37 PM  
He thought they said a Sega Master Review.
dinosaurdracula.comView Full Size
 
2022-09-29 1:22:39 PM  
"Trump's lawyers will have to either make their insane argument that he converted all those secret documents to personal property and is thus entitled to get them back, or they'll have to concede the point that he was keeping them illegally and in defiance of a subpoena."

lol
 
2022-09-29 1:22:43 PM  
I enjoyed that read, especially the legal jargon like 'womp womp', and 'wacko'!
 
2022-09-29 1:23:08 PM  
Drumpf's lawyers in court today.

Fark user imageView Full Size
 
2022-09-29 1:23:59 PM  

yuthinasia: I enjoyed that read, especially the legal jargon like 'womp womp', and 'wacko'!


it's entertaining!

Indeed, before the Eleventh Circuit took the classified documents off the table, they made that very argument in open court, objecting to the special master's insistence that they would need to specify which documents Trump was claiming to have telekinetically declassified via mystical Kabbalah or whatever fakakta theory he's floating these days.
 
2022-09-29 1:25:18 PM  
It's important to be reminded here that Trump is not the defense in this case. He's the plaintiff.

When he's the defense, that usually means he has already gotten what he wants and someone is trying to get it back. Therefore status quo means he wins, and so obstruction, denying, distraction and delaying any summary judgment is in his best interests.

But here he's suing to get the documents back. Or at least some of them. Because he feels they're his. Therefore delaying doesn't help him here. He wants a quick resolution and the boxes returned to mar-a-lardo ASAP. Of course that's never going to happen, but he doesn't know that. He thinks he can use the law to do anything he wants.

The REAL case -- where the DOJ arrests him for conspiracy to commit espionage (50 U.S.C. § 32) -- has yet to be filed.
 
2022-09-29 1:25:40 PM  
Fark user imageView Full Size
 
2022-09-29 1:29:06 PM  
What TFG and his lawyers don't seem to understand is that they are the plaintiffs in this civil lawsuit. It's on them to prove that the documents are what they claim to be, not the government's

Which leads to a host of problems if/when the criminal trial starts because that's now public record. TFG wants to have it both ways. He can't. He played himself.
 
2022-09-29 1:29:50 PM  
Fark user imageView Full Size
 
2022-09-29 1:33:45 PM  

RasIanI: "Trump's lawyers will have to either make their insane argument that he converted all those secret documents to personal property and is thus entitled to get them back, or they'll have to concede the point that he was keeping them illegally and in defiance of a subpoena."

lol


It doesn't work that way. Even if he has them converted into personal documents the government can still seize them as evidence.

He somehow needs to convert them into personal communication between himself and his personal lawyers, an even higher bar than the ridiculous one you set.

Honestly I don't know what they were thinking when they filed this case.
 
2022-09-29 1:34:24 PM  
Special Ed?
 
2022-09-29 1:34:43 PM  

LL316: bighairyguy: I'll repeat an earlier comment I made, give Trump whatever he wants because it will blow up in his face.  Akin to giving someone enough rope to hang themselves.

That's what people have done his entire life. At some point I'd like to see the noose.


Yeah what a weird thing for a human being living in this timeline to have even said. The rope has been spooling out for 78 years. There's no gallows tall enough he can't reach the ground and walk away at this point.

I'm almost at the point where I believe all of this is just kayfabe from Garland and the DoJ. The majority of the country has been demanding somebody get Trump for something for so long that they're finally putting on a slow-motion show carefully paced to last the rest of Trump's comfortable life or until they have the excuse that he has been re-elected and any pending law enforcement actions have to be paused until he completes his term and oh, would you look at that, the statute of limitations ran out on everything.

I want to be wrong.
 
2022-09-29 1:36:25 PM  
Fark user imageView Full Size


I would focus on the above. Dearie, and DoJ, are pushing for a rapid clarification of this essential point, a point that Judge Cannon got wrong.  TFG and his lawyers are pushing their novel theory that he owns this stuff, or at least has a right to keep it with himself.

The good part is that Dearie and  the DoJ aren't giving Judge Cannon much room to rule in TFG's favor.
 
2022-09-29 1:37:29 PM  

Koodz: LL316: bighairyguy: I'll repeat an earlier comment I made, give Trump whatever he wants because it will blow up in his face.  Akin to giving someone enough rope to hang themselves.

That's what people have done his entire life. At some point I'd like to see the noose.

Yeah what a weird thing for a human being living in this timeline to have even said. The rope has been spooling out for 78 years. There's no gallows tall enough he can't reach the ground and walk away at this point.

I'm almost at the point where I believe all of this is just kayfabe from Garland and the DoJ. The majority of the country has been demanding somebody get Trump for something for so long that they're finally putting on a slow-motion show carefully paced to last the rest of Trump's comfortable life or until they have the excuse that he has been re-elected and any pending law enforcement actions have to be paused until he completes his term and oh, would you look at that, the statute of limitations ran out on everything.

I want to be wrong.


81+ million people want you to be wrong too!

Come on Nov 9th!
 
2022-09-29 1:39:24 PM  

Soup4Bonnie: which documents Trump was claiming to have telekinetically declassified via mystical Kabbalah or whatever fakakta theory he's floating these days.


Is this the right use of telekinesis? Did he move things with his mind? Would he have done it telepathically instead? I'm not up to date on my paranormal abilities so I'm genuinely curious.
 
2022-09-29 1:39:42 PM  

wademh: The good part is that Dearie and  the DoJ aren't giving Judge Cannon much room to rule in TFG's favor.


Cannon really wants to help Trump out but...yeah. Zero wriggle room on this one.
 
2022-09-29 1:42:45 PM  
Judge Cannon gave Judge Dearie a job and he is trying to do his job as expeditiously as possible. His requests are not unreasonable given the gravity of Trump's attorney's claim of planted evidence. He rightfully put the onus on the accuser to prove it instead of asking the DOJ to prove a negative.

Judge Cannon cannot adjudicate every nuance of Dearie's review. They wanted a special master, and now they are refusing to cooperate with the special master that THEY selected. There can be only two conclusions here: they lied in a court filing, defamed the DOJ and FBI, and now can't produce any evidence; or it is just another stall tactic to push the issue past November 8th in the hope of flipping the house and muddying the case with congressional hearings.
 
2022-09-29 1:43:11 PM  
Thumbs up to that Law review for an appropriately ridiculous photo of Lardo.
 
2022-09-29 1:46:38 PM  

Grauenwolf: Honestly I don't know what they were thinking when they filed this case.


I believe I've identified the problem.

Most of Tangerine Twatwaffle's attorneys are selected for personal fealty rather than competence. When Mango Mussolini ordered them to sue the government, they just donned their kneepads and helmets with handlebars attached to get started- putting their law licenses in jeopardy. Thinking was not one of the options.
 
2022-09-29 1:50:15 PM  

wademh: [Fark user image 699x189]

I would focus on the above. Dearie, and DoJ, are pushing for a rapid clarification of this essential point, a point that Judge Cannon got wrong.  TFG and his lawyers are pushing their novel theory that he owns this stuff, or at least has a right to keep it with himself.

The good part is that Dearie and  the DoJ aren't giving Judge Cannon much room to rule in TFG's favor.


And the 11 Circuit has already shot down the argument.

"For our part, we cannot discern why Plaintiff would have an individual interest in or need for any of the one-hundred documents with classification markings." @page 18

"In any event, at least for these purposes, the declassification argument is a red herring because declassifying an official document would not change its content or render it personal. So even if we assumed that Plaintiff did declassify some or
all of the documents, that would not explain why he has a personal
interest in them."
@page 19
 
2022-09-29 1:51:52 PM  

Decorus: Waiting for the he really works for the DOJ arguement to have him removed from the case since he isn't getting paid by Trump.


Shhhhh. Dearie is being paid as a Federal Judge and isn't taking any salary from TFG. Of course, if TFG really wants to change that, Dearie's rate is at least $500 / hr, assuming he takes a leave from his position as a Senior Federal Judge. But you may be onto something as TFG, of all people, has no concept of somebody being able to be impartial.
 
2022-09-29 1:51:55 PM  

Ishkur: But here he's suing to get the documents back. Or at least some of them. Because he feels they're his. Therefore delaying doesn't help him here. He wants a quick resolution and the boxes returned to mar-a-lardo ASAP.


I'd wager he cares much more about delaying the DOJ investigation into why he had those documents and what he was doing with them, than he does about getting them back.
 
2022-09-29 1:54:57 PM  
"The government expects Plaintiff to pay the vendor's invoices promptly when rendered," they add tersely.

Fark user imageView Full Size
 
2022-09-29 1:57:22 PM  

bighairyguy: I'll repeat an earlier comment I made, give Trump whatever he wants because it will blow up in his face.  Akin to giving someone enough rope to hang themselves.


Sure, but giving him 16 yo blondes to fondle might be too steep a price
 
2022-09-29 1:59:53 PM  
Don't fool yourselves, the fix is already in. The special master surely lends an air of legitimacy to this, but ultimately Cannon is going to earn her paycheck and rule in favor of the Federalist Society (which happens to owe Trump a few favors). This reeks like the Mueller investigation which ultimately turned out to be theatre.

The only thing that can stop Trump at this point is all the McDonalds catching up to him and clogging a major artery, and that's only if we're lucky, which we're not.
 
2022-09-29 2:00:38 PM  

sdd2000: wademh: [Fark user image 699x189]

I would focus on the above. Dearie, and DoJ, are pushing for a rapid clarification of this essential point, a point that Judge Cannon got wrong.  TFG and his lawyers are pushing their novel theory that he owns this stuff, or at least has a right to keep it with himself.

The good part is that Dearie and  the DoJ aren't giving Judge Cannon much room to rule in TFG's favor.

And the 11 Circuit has already shot down the argument.

"For our part, we cannot discern why Plaintiff would have an individual interest in or need for any of the one-hundred documents with classification markings." @page 18

"In any event, at least for these purposes, the declassification argument is a red herring because declassifying an official document would not change its content or render it personal. So even if we assumed that Plaintiff did declassify some or
all of the documents, that would not explain why he has a personal
interest in them." @page 19


Yet, despite you being absolutely correct about what the 11th wrote, Dearie is still supposed to review a tranche of documents where

In contrast, the special master called for six buckets: 1 Attorney-client communication privilege;  2 Attorney work product privilege; 3 Executive privilege that prohibits review of the document within the executive branch; 4 Executive privilege that prohibits dissemination of the document to persons or entities outside the executive branch;  5 Presidential Records; and 6 Personal records.

(numbering added by me)

Category 3 is curious. Category 4 is another phantom a given prior rulings on reasonable need the the crimes involved in possessing these records illegally at MAL.

And TFG's lawyers keep claiming that category 5 has a subcategory where TFG has a right to possess them (contrary to the 11th's ruling).

This is reminding me of the Eastman emails case, except it's running about 20x faster.
 
2022-09-29 2:00:59 PM  

disaster bastard: Soup4Bonnie: which documents Trump was claiming to have telekinetically declassified via mystical Kabbalah or whatever fakakta theory he's floating these days.

Is this the right use of telekinesis? Did he move things with his mind? Would he have done it telepathically instead? I'm not up to date on my paranormal abilities so I'm genuinely curious.


Telepathically would only affect people's minds I think; telekinetically would change the physical attributes or whatever.

/As I understand non-existent mind powers.
 
2022-09-29 2:04:06 PM  

JerkfaceMcGee: Don't fool yourselves, the fix is already in. The special master surely lends an air of legitimacy to this, but ultimately Cannon is going to earn her paycheck and rule in favor of the Federalist Society (which happens to owe Trump a few favors). This reeks like the Mueller investigation which ultimately turned out to be theatre.

The only thing that can stop Trump at this point is all the McDonalds catching up to him and clogging a major artery, and that's only if we're lucky, which we're not.


Meanwhile Republicans are bleeding out rivers of money and on track to lose a significant amount of influence in the mid term elections.
Actions have consequences.
 
2022-09-29 2:04:14 PM  

RogueWallEnthusiast: disaster bastard: Soup4Bonnie: which documents Trump was claiming to have telekinetically declassified via mystical Kabbalah or whatever fakakta theory he's floating these days.

Is this the right use of telekinesis? Did he move things with his mind? Would he have done it telepathically instead? I'm not up to date on my paranormal abilities so I'm genuinely curious.

Telepathically would only affect people's minds I think; telekinetically would change the physical attributes or whatever.

/As I understand non-existent mind powers.


How do you think he got the Documents out of the "classified" folders? Do you think he actualy used his Big, Manly hands?

WAKE UP, SHEEPLE
 
2022-09-29 2:11:24 PM  
Because everyone here agrees that anything which could be covered by executive privilege is definitionally property of the government and should be returned to the custody of the National Archives.

Let's not start indicting each other's covfefe yet. I don't believe for a second that Judge Cannon won't fark this up even more with novel interpretations.
 
2022-09-29 2:21:06 PM  
Fark user imageView Full Size
 
2022-09-29 2:23:32 PM  
Just a reminder. Dump45** could have returned the docs and NOTHING would have happened to him.
 
2022-09-29 2:25:20 PM  
Fakakta. I learned a new word today FTFA. It describes the whole trump situation perfectly. Fakakta.

/Yiddish is such a terrific language
 
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