No link yet, but Lawrence O’Donnell reported that Judge Cannon is asking Trump’s lawyers to exclude those 100 classified documents from her special master order. Andrew Weissmann and Neal Katyal stated this was a sign that Judge Cannon is running up the white flag in response to the DOJ’s intention to appeal her decision to the Eleventh Court of Appeals. Both indicated that this was Cannon’s off ramp to her bonehead ruling to essentially allow Trump to dictate how he is to be investigated.
Also, all of O’Donnell’s panelist agreed that Judge Cannon had to be “schooled” in how intelligence work is done. In it’s filling to Judge Cannon, the DOJ made it plain that the FBI was BOTH a criminal investigation body and did intelligence work. In this particular case, there was no way to separate the two as this idiotic judge had ruled (you can do an investigation into national defense damage, but you couldn’t do anything with regards to criminal matters, according to Trump judge Cannon).
In fact, the FBI is the only domestic intelligence agency allowed by law.
As to what Judge Cannon will do if Trump’s lawyers still insist that they need all those documents back, which this corrupt judge said Trump could do, I have no idea. Essentially, she went the extra mile for Trump on this matter. If Cannon had any real independence, she never would have ruled for a special master in the first place.
With regards to those so called lawyers working for Trump, who knows what they will do. I expect Trump to insist that he gets “his documents” back. And that includes those classified ones.
Friday, Sep 9, 2022 · 7:49:19 PM +00:00
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Merlin196357
In case there are those who think that I got this wrong, here is some more about this from Slate:
Third, this appeal and request for an injunction is not only legally and practically correct, it is also shrewd. That is because it puts the onus on the judge to justify her decision not as to an amorphous and unseen group of 11,000 documents—some of which DOJ has acknowledged Trump may have some proprietary interest in—but as to over 100 highly dangerous classified ones. Even if she fails to do the right thing, the U.S. Court of Appeals for the 11th Circuit hopefully will. (The government has filed a notice of interlocutory appeal with the 11th Circuit and while we do not know exactly what it will do there, presumably it will seek the same limited stay.)
Another advantage of this strategy is that it allows the inevitable delay to be minimized. On this approach, the appointment of the special master and review of the vast majority of the documents can begin. At the same time, the most legally odious and dangerous aspects of the court’s order can be immediately challenged and hopefully quickly overturned
The wisdom of this approach is that it also gives the court a way out. It can enter the stay, avoiding the embarrassment of the appellate court possibly doing so. It also simplifies the appointment and selection of a special master. If the classified documents are not included, and the special master does not need to have any security clearances to be selected, the person can begin work now.
The judge seems to be considering this lifeline. After the government filed its motion, the court ordered the parties to take account of the governments motion for relief on the classified documents in filing their recommendations for special masters and the associated order of operations. In requiring that before she has even ruled on the motion, she may be signaling that she knows she has gone too far.
So yes, Judge Cannon is telling Trump to consider to take into account the governments motion about the classified documents. Trump has until 10 A.M. on Monday to respond.