Virtually NOBODY thinks the Special Master ok by Federal Judge Cannon is proper….
She got her job by a Trump appointment ….
By approving the Trump lawyers request she would helping them slow the case down….
For anyone else the case would be an open/shut one….
Federal property was found outside the government’s possession….
Bingo….
But judge Cannon is playing to the concept that a FORMER President has some ssort of executive privilege ‘right’….
This is agraist prior sitautions with President Nixon and Clinton…
And even a rulling by the Supreme Court on Trump’s taxes….
But?
If the Justice Dept. was to Appeal this ?
The appeal would land in the 11th Circuit Court in Atlanta, which has a LOT of Trump appointee’s….
(Politics and the Law?)
And if they help Trump and even if it got to the Alito 5?
The ‘law’ could come down presenting Trump and ANY President (Biden included) with forever excutive immunity from criminal inquires , thus making a American President’Above the Law’….
Now all this is also playing in real time with the next Presidental election a little more than 2 years away ….
And Trump has indicated that he will do ANYTHING to bend the law and government to get his old job back in spite of several possibel criminal actions against him….
My view is that once the FBI went into his house?
Attorney General garland was committed to pursuing criminal changes against the ex-President…
The Justice Dept. has a lot of smart lawyers….
They will figure out something …
And lets NOT forget….
There is another grand jury working on Trump’s attempt to inplace alternate electors to steer the 2020 election to him….
The DA down in Georgia is on that also there….
And?
What about Trump’s egging on the protest and violence of Jan. 6?
Or?
The fraud probes in New York?
The Trump files case IS a open and shut one….
The judge down there seems intent upon throwing one case for her guy…
Lets see how this goes…
Some of us truly believe that Donadl J. Trump will NEVER be President again….
One hopes this IS what happens in th end….
The department “must weigh their own interests in moving forward with the investigation, and ask the court for a fairly short turnaround time,” said Ms. McCord, a professor at Georgetown University Law Center. “There are a number of things they can do to make it manageable, in favor of forgoing an appeal which could take months, and maybe more than a year to be decided.”
Andrew C. McCarthy, a former federal prosecutor who regularly writes for the conservative-leaning National Review, initially believed prosecutors would quickly appeal, but now thinks the department could end up focusing its efforts on selecting a special master who will get the job done quickly, with a minimal disruption of the investigation.
Mr. McCarthy said department officials could be thinking that “it will probably be worth their while to swallow hard and wait if the person is a serious candidate, rather than roll the dice on an appeal.”
But Judge Cannon’s decision is simply too broad and provocative to simply ignore, some legal experts say. She not only rejected the Justice Department’s argument that Mr. Trump be treated like any other investigative subject, but also suggested that some of the material taken from Mar-a-Lago might be subject to claims of executive privilege.
In doing so, the judge wrote that she was “not convinced” of the government’s assertion that executive privilege did not apply to the documents recovered from Mar-a-Lago, creating a process by which Mr. Trump’s lawyers could potentially seek to reclaim materials related to his internal communications as president. The government cited legal precedent, arguing that such protections lapsed when Mr. Trump left office.
“It’s all so weird and disruptive,” Alan Rozenshtein, a former Justice Department official who now teaches at the University of Minnesota Law School, said of the ruling. “But I think D.O.J. does have to appeal.”….
….
Does the department want “an opinion out there that has a truly expansive and dangerous view of what executive privilege covers?” Mr. Richman asked.
Stanley Brand, a veteran criminal defense lawyer who has represented the Trump aide Dan Scavino in his dealings with the House committee investigating the Jan. 6. riot, said the department had few good options.
“To some extent, deciding not to challenge the decision at all — and just accepting the special master — might be the safest course of all, because it’s always uncharted waters whenever you take something to an appeals court,” he said.
Liberals have urged Mr. Garland to appeal the ruling on principle. And over the past week, they have picked up an unlikely ally — William P. Barr, Mr. Trump’s former attorney general, who told Fox News on Tuesday that Judge Cannon’s ruling “was wrong, and I think the government should appeal it.”…
…
But advisers to the former president are already proceeding as if the appointment of the special master were an accomplished fact….