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Wed Sep 21, 2022, 07:52 PM

Appeals panel says judge erred in blocking DOJ probe of Mar-a-Lago documents

This makes me smile. Judge Cannon's opinion was dreck and the briefs filed by TFG and the Texas AG were so bad that these filings were funny


https://www.politico.com/news/2022/09/21/donald-trump-special-master-00058176

A three-judge appeals court panel has granted the Justice Department’s request to block aspects of U.S. District Court Judge Aileen Cannon’s ruling that enjoined a criminal investigation into highly sensitive documents seized from former President Donald Trump’s Mar-a-Lago estate.

The panel ruled that Cannon erred when she prevented federal prosecutors from using the 100 documents — marked as classified — recovered from Trump’s estate as part of a criminal inquiry.

“[Trump] has not even attempted to show that he has a need to know the information contained in the classified documents,” the panel ruled in a 29-page decision. “Nor has he established that the current administration has waived that requirement for these documents.”

Two of the three judges on the panel, Andrew Brasher and Britt Grant, were appointed to the court by Trump. The third, Robin Rosenbaum, was appointed by President Barack Obama. In the unanimous decision, the judges declared it “self-evident” that the public interest favored allowing the Justice Department to determine whether any of the records were improperly disclosed, risking national security damage.

42 replies, 4740 views

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Reply Appeals panel says judge erred in blocking DOJ probe of Mar-a-Lago documents (Original post)
LetMyPeopleVote Sep 21 OP
Botany Sep 21 #1
Rebl2 Sep 21 #23
peppertree Sep 21 #31
Rebl2 Sep 21 #32
peppertree Sep 21 #33
Jim__ Sep 21 #2
Pathwalker Sep 21 #3
UTUSN Sep 21 #4
Trueblue1968 Sep 21 #5
sprinkleeninow Sep 21 #6
LeftInTX Sep 21 #7
Kingofalldems Sep 21 #8
MyOwnPeace Sep 21 #10
onecaliberal Sep 21 #15
calimary Sep 22 #41
MyOwnPeace Sep 22 #42
Johnny2X2X Sep 21 #9
Botany Sep 21 #11
LetMyPeopleVote Sep 21 #12
Takket Sep 21 #30
Volaris Sep 22 #37
Fiendish Thingy Sep 21 #13
LetMyPeopleVote Sep 21 #19
Tommymac Sep 21 #14
aggiesal Sep 21 #16
Murphyb849 Sep 21 #17
LetMyPeopleVote Sep 21 #20
Traildogbob Sep 21 #18
LymphocyteLover Sep 21 #28
Hermit-The-Prog Sep 21 #21
LetMyPeopleVote Sep 21 #25
Mr. Evil Sep 21 #22
Traildogbob Sep 21 #29
Mr. Evil Sep 22 #36
Sky Jewels Sep 21 #24
LymphocyteLover Sep 21 #27
LymphocyteLover Sep 21 #26
Cha Sep 21 #34
NBachers Sep 21 #35
Martin68 Sep 22 #39
Martin68 Sep 22 #38
cstanleytech Sep 22 #40

Response to LetMyPeopleVote (Original post)

Wed Sep 21, 2022, 07:57 PM

1. TFG is having a very bad day.

" ...concluded that Cannon like abused her discretion in the way she barred DOJ from accessing
classified documents."


In legal terms this was a ....

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Response to Botany (Reply #1)

Wed Sep 21, 2022, 09:41 PM

23. Very bad

no good day for tfg

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Response to Rebl2 (Reply #23)

Wed Sep 21, 2022, 10:37 PM

31. And for Aileen

Looks like she won't be getting her Mercedes after all.

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Response to peppertree (Reply #31)

Wed Sep 21, 2022, 10:40 PM

32. Yep, her too

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Response to Rebl2 (Reply #32)

Wed Sep 21, 2022, 10:42 PM

33. The very personification of the kind of 3rd world-style judiciary Repugs are trying to import

Corrupt - and, above all, arbitrary - to the core.

Like Cheeto himself.

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Response to LetMyPeopleVote (Original post)

Wed Sep 21, 2022, 07:57 PM

2. Absolutely great news!

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Response to LetMyPeopleVote (Original post)

Wed Sep 21, 2022, 07:58 PM

3. Whew! This is truly great. It actually gives me hope.

Thank you for posting this part of the ruling.

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Response to LetMyPeopleVote (Original post)

Wed Sep 21, 2022, 07:59 PM

4. K&R for, woo HOO!!!!!

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Response to LetMyPeopleVote (Original post)

Wed Sep 21, 2022, 08:12 PM

5. Ha ha ha judge woman appointed by Donald Rump !!! You Stupid !!!!!

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Response to LetMyPeopleVote (Original post)

Wed Sep 21, 2022, 08:13 PM

6. Plus the MAGA-Lardo's kitchen was completely out of ketchup.

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Response to LetMyPeopleVote (Original post)

Wed Sep 21, 2022, 08:15 PM

7. Ah....Judge Cannon will have the sads....

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Response to LetMyPeopleVote (Original post)

Wed Sep 21, 2022, 08:17 PM

8. Uh oh--Trump supporters goin' nuts.

All over the internet.

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Response to Kingofalldems (Reply #8)

Wed Sep 21, 2022, 08:23 PM

10. And to THEM I say.......

(quoting from a flag flying down the street) "FUCK YOUR FEELINGS!"

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Response to MyOwnPeace (Reply #10)

Wed Sep 21, 2022, 08:38 PM

15. 👆🏻👆🏻👆🏻👆🏻👆🏻👆🏻👆🏻👆🏻👆🏻👆🏻👆🏻

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Response to MyOwnPeace (Reply #10)

Thu Sep 22, 2022, 06:38 PM

41. F. Y. F. Hey, a new monogram!

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Response to calimary (Reply #41)

Thu Sep 22, 2022, 06:52 PM

42. I am VERY comfortable with that one!!!!!

No more potty-mouth, but sends the message loud and clear!

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Response to LetMyPeopleVote (Original post)

Wed Sep 21, 2022, 08:20 PM

9. Their decision is damning

Basically says he’s committed crimes. Said the classification status is a red herring. It doesn’t matter.

Trump is getting indicted.

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Response to Johnny2X2X (Reply #9)

Wed Sep 21, 2022, 08:25 PM

11. "Trump is getting indicted."

Last edited Thu Sep 22, 2022, 09:20 AM - Edit history (1)

I love a story with a happy ending.

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Response to LetMyPeopleVote (Original post)

Wed Sep 21, 2022, 08:31 PM

12. The opinion by this three-judge panel was fun to read

I love good legal draftmanship and this opinion is well done. The opinion in effect rebukes Judge Loose Cannon and shows that she does not understand the law.

Here is a link to the opinion. https://www.politico.com/f/?id=00000183-625b-da48-a3e3-e2ff83050000

The three-judge panel destroys some Judge Loose Cannon's claims. For example, the court held that TFG has no right to the 100 secret classified document. These documents are owned by the Federal government and not TFG
. They are “owned by, produced by
or for, or . . . under the control of the United States Government.”
Id. § 1.1. And they include information the “unauthorized disclosure [of which] could reasonably be expected to cause identifiable
or describable damage to the national security.” Id. § 1.4. For this
reason, a person may have access to classified information only if,
among other requirements, he “has a need-to-know the information.” Id. § 4.1(a)(3). This requirement pertains equally to former Presidents, unless the current administration, in its discretion,
chooses to waive that requirement. Id. § 4.4(3).

The declassification argument is a red herring in that declassification has no effect on who owns these documents

Plaintiff suggests that he may have declassified these documents when he was President. But the record contains no evidence
that any of these records were declassified. And before the special
master, Plaintiff resisted providing any evidence that he had declassified any of these documents. See Doc. No. 97 at 2–3., Sept. 19,
2022, letter from James M. Trusty, et al., to Special Master Raymond J. Dearie, at 2–3. 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.
This factor—the Plaintiff’s personal interest (or lack thereof)
in the documents—also weighs against exercising jurisdiction.

The panel rejects Loose Cannon's claim that TFG is special and this opinion treats TFG the same as ordinary citizen.

The remaining potential injury identified by the district
court is “the threat of future prosecution and the serious, often indelible stigma associated therewith.” Doc. No. 64 at 10. No doubt
the threat of prosecution can weigh heavily on the mind of someone under investigation. But without diminishing the seriousness
of that burden, “if the mere threat of prosecution were allowed to
constitute irreparable harm . . . every potential defendant could
point to the same harm and invoke the equitable powers of the district court.” United States v. Search of Law Office, Residence, and
Storage Unit Alan Brown, 341 F.3d 404, 415 (5th Cir. 2003) (quotation omitted). If this concern were sufficient to constitute irreparable harm, courts’ “exercise of [their] equitable jurisdiction would
not be extraordinary, but instead quite ordinary.” Id........

Second, we find unpersuasive Plaintiff’s insistence that he
would be harmed by a criminal investigation. “Bearing the discomfiture and cost of a prosecution for crime even by an innocent person is one of the painful obligations of citizenship.” Cobbledick v.
United States, 309 U.S. 323, 325 (1940)


I had fun geeking out are reading this opinion.

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Response to LetMyPeopleVote (Reply #12)

Wed Sep 21, 2022, 10:34 PM

30. Ahhhhhhhhhhhhhhh glad they nailed this one part!

“if the mere threat of prosecution were allowed to
constitute irreparable harm . . . every potential defendant could
point to the same harm and invoke the equitable powers of the district court.”


I think of everything in this loose cannon ruling, this pissed me off the most! She was concerned for drumpf's "reputation". I remember asking people, if i'm ever arrested, can i demand a special master and say i don't want to be investigated because it will hurt my reputation, and when they all laugh at me, i'll remind them of this ruling and how i'm entitled to equal protection under the law!

The appellate judges just humiliated a corrupt judge tonight!!!!!!!!!!

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Response to LetMyPeopleVote (Reply #12)

Thu Sep 22, 2022, 02:01 AM

37. When even the 11th circuit is willing to call u a criminal,

It's a pretty good bet, u committed Crimes, and DOJ is gonna turn in the reciepts.

Trump must be SO mad...
'but but but those are MY judges..'

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Response to LetMyPeopleVote (Original post)

Wed Sep 21, 2022, 08:33 PM

13. Was the ruling 3-0 against Trump? Nt

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Response to LetMyPeopleVote (Original post)

Wed Sep 21, 2022, 08:35 PM

14. Ooopsie.



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Response to LetMyPeopleVote (Original post)

Wed Sep 21, 2022, 08:39 PM

16. Donnie 2-Scoops is still looking for the Cake the judge mentioned. n/t

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Response to LetMyPeopleVote (Original post)

Wed Sep 21, 2022, 08:42 PM

17. Run


?t=mSHcQxZObKxTni0OwoKiBg&s=19

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Response to Murphyb849 (Reply #17)

Wed Sep 21, 2022, 08:51 PM

20. Has anyone check Truth Social for ketchup, yet?

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Response to LetMyPeopleVote (Original post)

Wed Sep 21, 2022, 08:45 PM

18. I also hope Cannon's actions

will eliminate her for any higher judgeships in the future. She thought this BS call was a stepping stone to the SC. I hope it will be what never allows her political judgements to ever get a vote to move up. Everything trump touches. Fucked around and found out.

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Response to Traildogbob (Reply #18)

Wed Sep 21, 2022, 10:09 PM

28. seriously, yes

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Response to LetMyPeopleVote (Original post)

Wed Sep 21, 2022, 09:34 PM

21. The ruling is a very fun read. She was wrong on all counts!

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Response to Hermit-The-Prog (Reply #21)

Wed Sep 21, 2022, 10:05 PM

25. I was amused

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Response to LetMyPeopleVote (Original post)

Wed Sep 21, 2022, 09:36 PM

22. After today I'll tell you what TFG is really going to need...

And yes, this is a real product.

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Response to Mr. Evil (Reply #22)

Wed Sep 21, 2022, 10:22 PM

29. He will need at lot

For the surface area needed to be covered.
This is funny. Thanks for the heads up about the paste. Never needed any so did not realize there was a product. Who knows, when we may need this. But, trump may need to apply it with with a large spatula. I would bet Melania will NOT apply it. Eric???

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Response to Traildogbob (Reply #29)

Thu Sep 22, 2022, 12:14 AM

36. It's mostly in Louisiana.

When my ex and I lived there and when my son was a baby and a toddler he needed an application from time to time. It does work well.

As for TFG, when his problems start to give him some serious butt-hurt he may have to order it by the case. Don't think Melania will be available by that time. She's probably already looking into returning to Slovenia. Of course, you know how TFG feels about Ivanka.

Ew!

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Response to LetMyPeopleVote (Original post)

Wed Sep 21, 2022, 09:56 PM

24. In other words, "Trumpian Warship: Go Fuck Yourself."

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Response to Sky Jewels (Reply #24)

Wed Sep 21, 2022, 10:08 PM

27. LOL yes!

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Response to LetMyPeopleVote (Original post)

Wed Sep 21, 2022, 10:08 PM

26. this is pure gold! Wow! What a day.

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Response to LetMyPeopleVote (Original post)

Wed Sep 21, 2022, 10:44 PM

34. Cannon's an "Abuser".. a DT

junkie.. Not a judge.

TY, LMPV!!

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Response to LetMyPeopleVote (Original post)

Wed Sep 21, 2022, 11:00 PM

35. Crash Cannon's career is over before it barely got started


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Response to NBachers (Reply #35)

Thu Sep 22, 2022, 02:45 PM

39. Unless a Trumpist is elected president and the GOP gets a majority in the Senate.

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Response to LetMyPeopleVote (Original post)

Thu Sep 22, 2022, 02:43 PM

38. The system is working. Long live the system.

It's bigger and more robust than anything Trump has done to dismantle or derail it.

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Response to LetMyPeopleVote (Original post)

Thu Sep 22, 2022, 04:25 PM

40. I suspect the real goal of the judge was to delay the investigation so as to aid her political party

in the upcoming election as she probably rightly assumed that if it had continued that it could have hurt her parties chances even more.

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