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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAppeals 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
Link to tweet
https://www.politico.com/news/2022/09/21/donald-trump-special-master-00058176
The panel ruled that Cannon erred when she prevented federal prosecutors from using the 100 documents marked as classified recovered from Trumps 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.
Botany
(70,489 posts)" ...concluded that Cannon like abused her discretion in the way she barred DOJ from accessing
classified documents."
In legal terms this was a ....
no good day for tfg
peppertree
(21,622 posts)Looks like she won't be getting her Mercedes after all.
Rebl2
(13,490 posts)peppertree
(21,622 posts)Corrupt - and, above all, arbitrary - to the core.
Like Cheeto himself.
Jim__
(14,074 posts)Pathwalker
(6,598 posts)Thank you for posting this part of the ruling.
UTUSN
(70,680 posts)Trueblue1968
(17,205 posts)sprinkleeninow
(20,235 posts)LeftInTX
(25,243 posts)Kingofalldems
(38,444 posts)All over the internet.
MyOwnPeace
(16,925 posts)(quoting from a flag flying down the street) "FUCK YOUR FEELINGS!"
onecaliberal
(32,819 posts)calimary
(81,210 posts)MyOwnPeace
(16,925 posts)No more potty-mouth, but sends the message loud and clear!
Johnny2X2X
(19,038 posts)Basically says hes committed crimes. Said the classification status is a red herring. It doesnt matter.
Trump is getting indicted.
Botany
(70,489 posts)Last edited Thu Sep 22, 2022, 09:20 AM - Edit history (1)
I love a story with a happy ending.
LetMyPeopleVote
(145,126 posts)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
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
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 23., Sept. 19,
2022, letter from James M. Trusty, et al., to Special Master Raymond J. Dearie, at 23. 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 factorthe Plaintiffs personal interest (or lack thereof)
in the documentsalso 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.
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 Plaintiffs 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.
Takket
(21,555 posts)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!!!!!!!!!!
Volaris
(10,270 posts)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..'
Fiendish Thingy
(15,575 posts)LetMyPeopleVote
(145,126 posts)Tommymac
(7,263 posts)aggiesal
(8,910 posts)Murphyb849
(571 posts)Link to tweet
?t=mSHcQxZObKxTni0OwoKiBg&s=19
LetMyPeopleVote
(145,126 posts)Traildogbob
(8,712 posts)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.
LymphocyteLover
(5,643 posts)Hermit-The-Prog
(33,321 posts)LetMyPeopleVote
(145,126 posts)Mr. Evil
(2,839 posts)And yes, this is a real product.
Traildogbob
(8,712 posts)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???
Mr. Evil
(2,839 posts)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!
Sky Jewels
(7,067 posts)LymphocyteLover
(5,643 posts)LymphocyteLover
(5,643 posts)Cha
(297,137 posts)junkie.. Not a judge.
TY, LMPV!!
NBachers
(17,099 posts)Martin68
(22,791 posts)Martin68
(22,791 posts)It's bigger and more robust than anything Trump has done to dismantle or derail it.
cstanleytech
(26,281 posts)in the upcoming election as she probably rightly assumed that if it had continued that it could have hurt her parties chances even more.