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Thu Sep 29, 2022, 04:03 PM

Judge says Trump can hold off on affirming accuracy of FBI's Mar-a-Lago inventory

Source: The Hill


U.S. District Court Judge Aileen Cannon brushed aside an order from the special master in the Mar-a-Lago case requiring former President Trump to back his claims the FBI planted evidence in his home in an order that also extends the deadline for completing the review.

The order from Cannon comes after Trump’s legal team penned a letter to Judge Raymond Dearie, the special master, complaining his “management plan exceeds the grant of authority from the district court on this issue.”

In Thursday’s order Cannon agreed with Trump’s team, saying his attorneys would not be required to affirm the accuracy of the FBI’s inventory from Mar-a-Lago before getting a chance to review the records themselves.

“There shall be no separate requirement on Plaintiff at this stage, prior to the review of any of the seized materials. …The Court’s Appointment Order did not contemplate that obligation,” Cannon wrote.


Read more: https://thehill.com/policy/national-security/3667690-judge-says-trump-can-hold-off-on-affirming-accuracy-of-fbis-mar-a-lago-inventory/

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Reply Judge says Trump can hold off on affirming accuracy of FBI's Mar-a-Lago inventory (Original post)
brooklynite Sep 29 OP
Historic NY Sep 29 #1
H2O Man Sep 29 #11
JohnSJ Sep 29 #2
brooklynite Sep 29 #16
JohnSJ Sep 29 #18
brooklynite Sep 29 #19
JohnSJ Sep 29 #21
brooklynite Sep 29 #23
JohnSJ Sep 29 #24
brooklynite Sep 29 #26
Cha Sep 29 #27
brooklynite Sep 29 #31
JohnSJ Sep 29 #32
Cha Sep 29 #33
JohnSJ Sep 29 #35
onenote Sep 30 #39
JohnSJ Sep 30 #43
quaint Sep 30 #44
reACTIONary Sep 29 #30
Cha Sep 29 #28
world wide wally Sep 29 #3
Fullduplexxx Sep 29 #4
onenote Sep 29 #6
JohnSJ Sep 29 #22
FBaggins Sep 30 #38
JohnSJ Sep 30 #46
FBaggins Sep 30 #47
JohnSJ Sep 30 #48
FBaggins Sep 30 #51
JohnSJ Sep 30 #52
orleans Sep 29 #5
onenote Sep 29 #7
Lonestarblue Sep 29 #8
AllaN01Bear Sep 29 #9
LeftInTX Sep 29 #12
onenote Sep 30 #40
iluvtennis Sep 29 #13
peppertree Sep 29 #14
peppertree Sep 29 #10
JI7 Sep 29 #15
ZonkerHarris Sep 29 #17
LetMyPeopleVote Sep 29 #20
hamsterjill Sep 29 #25
ShazzieB Sep 29 #29
Kablooie Sep 29 #34
JohnSJ Sep 29 #36
True Blue American Sep 30 #42
barbtries Sep 29 #37
onenote Sep 30 #41
onenote Sep 30 #45
jgo Sep 30 #49
Polybius Sep 30 #50

Response to brooklynite (Original post)

Thu Sep 29, 2022, 04:05 PM

1. then he has no case

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Response to Historic NY (Reply #1)

Thu Sep 29, 2022, 04:24 PM

11. She continues

to be complicit in the effort to delay.

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Response to brooklynite (Original post)

Thu Sep 29, 2022, 04:08 PM

2. No surprise that this corrupt judge does this when everyone is focues on the hurricane. She needs

to be removed from the case for obvious bias

Fortunately, the DOJ and FBI can proceed with the classified documents because this judge was overuled on the classified documents by the appeals court




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Response to JohnSJ (Reply #2)

Thu Sep 29, 2022, 04:28 PM

16. What does her decision have to do with the hurricane?

If she hadn't ruled on the motion, that would also have been a delay.

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Response to brooklynite (Reply #16)

Thu Sep 29, 2022, 06:02 PM

18. Geez. Like her initial ruling for trump before

the DOJ could proceed with the classified documents, that was made on a weekend, this decision seems somewhat coincidental that it was made while coverage was focused on the hurricane, where many people wouldn’t be paying attention

She could have over-ruled the special master days ago if that was her intent, which it always was

She is not an honest broker

The fact that it was Trump accusing the FBI of planting documents, and then effectively ruling that trump doesn’t have to show which documents were planted, makes it pretty clear that this a was bias decision

The trump team refused to appoint someone to go over the documents and show which were planted, or allow the DOJ to appoint someone to act as the go between with the trump team to determine which documents trump think were planted, only demonstrates her bias, who isn’t interested in determining if trump’s accusations have validity

This is not a fair judge, and I sure hope you are not defending her as impartial?

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Response to JohnSJ (Reply #18)

Thu Sep 29, 2022, 06:05 PM

19. "Biden administration scales back student loan forgiveness plan as states sue"

"US Army doctor and wife charged with conspiring to provide US military medical records to Russian government"

"Former Trump aide makes deal with prosecutors to avoid misdemeanor charge"

Ginni Thomas 'tight lipped' ahead of January 6 committee meeting"

"NY attorney general wants to expedite lawsuit against Trumps and their business"

"Trump attorney and adviser testified before Georgia grand jury investigating election interference"

Other news seems to be getting out.

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Response to brooklynite (Reply #19)

Thu Sep 29, 2022, 06:10 PM

21. You go out of your way to be argumentative, don't you? This OP was started by you, and I pointed

out that this judge’s decisions have a habit of releasing controversial ruling on weekends or when other things are occurring

You think you are so clever, but frankly you are kind of irritating

Have a good day nevertheless

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Response to JohnSJ (Reply #21)

Thu Sep 29, 2022, 06:14 PM

23. I have this thing about "of course" conspiracy theories. Maybe you've noticed.

You're welcome to comment as you wish. So am I.

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Response to brooklynite (Reply #23)

Thu Sep 29, 2022, 06:16 PM

24. You think my opinion is a conspiracy theory? You are actually quite humorous

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Response to JohnSJ (Reply #24)

Thu Sep 29, 2022, 06:35 PM

26. I think its a conspiracy theory, and a lazy one at that.

First, the average voter isn't following every legal machination in the case, and won't be any more aware of developments if they drop in the middle of the week. Meanwhile the people that ARE following the details will be aware of the new ruling (it's posted here) regardless of the day of the week.

Second, whether a ruling is reported live or not it still happened. When people inevitably find out later, what will happen that would have happened if they'd learned a week earlier?

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Response to JohnSJ (Reply #24)

Thu Sep 29, 2022, 06:45 PM

27. I don't think it's a "conspiracy theory"

weird to have anyone sticking up for Cannon that she wouldn't have ulterior motives about her creepy timing.

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Response to Cha (Reply #27)

Thu Sep 29, 2022, 07:06 PM

31. See #26

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Response to Cha (Reply #27)

Thu Sep 29, 2022, 07:18 PM

32. Thanks Cha. That was my point, I find the timing coincidental. Cannon could have done this days

ago

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Response to JohnSJ (Reply #32)

Thu Sep 29, 2022, 08:11 PM

33. "This video explores how and why it's becoming more clear by the day that there is little justice..

This video explores how and why it's becoming more clear by the day that there is little justice unfolding in Judge Cannon's courtroom. - Glenn Kirschner - 09/29/2022.




https://www.democraticunderground.com/1017771614

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Response to Cha (Reply #33)

Thu Sep 29, 2022, 09:07 PM

35. Thanks. It is amazing how Cannon can push the trump conspiracy theory that the FBI planted

evidence, without providing evidence what documents were planted, and it can be delayed at the judges whim, but when I OP an opinion that the timing of releasing this decision by the judge seems rather convenient for trump, is a conspiracy theory, when the judge could have released it days ago when everyone’s attention was focused on it, but like the first decision for trump, which was on a weekend when no one was paying attention, released this decision when everyone was focused on the hurricane.

It will be interesting to see the timing of any subsequent decisions that this judge decides on trump.


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Response to JohnSJ (Reply #32)

Fri Sep 30, 2022, 07:49 AM

39. How could Cannon have done this days earlier?

Trump raised objections in a letter filed on the 25th. The DOJ responded on the 27th. Trump replied on the 28th. And Cannon ruled on the 29th.

Would it have been better if Cannon had ruled without giving the DOJ a chance to respond?

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Response to onenote (Reply #39)

Fri Sep 30, 2022, 08:54 AM

43. It is pretty obvious she had her mind made up when the DOJ said they could provide the resource to

work with the trump camp to determine which "suppossed" document were "planted" by the FBI.

Every step of the way in this process. Despite prima facie, she took the same position that trump was spewing on the airwaves.

Fortunately, the appeals court accelerated the appeal process on the first demented ruling Cannon made, and allowed the criminal investigation to proceed with the classified materials.

"The Justice Department, in a filing on Tuesday, revealed objections made by the Trump legal team that the ex-president's lawyers had tried to keep under wraps.

Federal Judge Raymond Dearie, the special master tasked with reviewing thousands of documents seized from Trump's Mar-a-Lago residence, earlier this month challenged Trump's lawyers to assert whether or not they endorsed his public claim that the FBI may have "planted" evidence during the search and also to produce evidence for Trump's claim that he had declassified secret national security documents before taking them home.

Trump's team apparently responded with objections to Dearie's plan for the special master review, but those were not made public until the Justice Department responded to them in a filing on Tuesday.

"Team Trump is filing complaints under seal for some reason, but DOJ is discussing it not under seal, so we can largely infer what Trump is upset about," New York Times national security reporter Charlie Savage flagged on Twitter."

https://www.salon.com/2022/09/28/new-doj-filing-exposes-trumps-secret-objections--and-asks-special-master-to-call-his-bluff/

Unrelated, but yesterday's testimony from a SC justice's wife that she believed the "election was stolen", despite the multiple judicial rulings against that, and the trump view, highlights that there are elements in high places in the judicial branch who are a very real threat to our democracy.

It isn't far fetched to see the potential parallels how what happened in nazi Germany in 1933 with the "Enabling Act", how that could happen here



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Response to onenote (Reply #39)

Fri Sep 30, 2022, 08:56 AM

44. TY for facts

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Response to brooklynite (Reply #23)

Thu Sep 29, 2022, 07:00 PM

30. +10 nt

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Response to JohnSJ (Reply #21)

Thu Sep 29, 2022, 06:50 PM

28. Totally Agree.. I've seen it

time and time again. Predictable

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Response to brooklynite (Original post)

Thu Sep 29, 2022, 04:11 PM

3. She is obviously imcompetent and offensively biased.

Her ass should be fired!..... Yesterday!

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Response to brooklynite (Original post)

Thu Sep 29, 2022, 04:13 PM

4. I thought this whole this thing was outside her jurisdiction

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Response to Fullduplexxx (Reply #4)

Thu Sep 29, 2022, 04:15 PM

6. Where did you get that impression?

The DOJ has never argued that.

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Response to Fullduplexxx (Reply #4)

Thu Sep 29, 2022, 06:13 PM

22. No it isn't, and she set it up that she could over rule the special master. She is not a fair

judge, and appearances are exactly what they appear to be

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Response to JohnSJ (Reply #22)

Fri Sep 30, 2022, 05:23 AM

38. She set it up that she could over rule the special master?

You mean... like every judge and special master in history?

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Response to FBaggins (Reply #38)

Fri Sep 30, 2022, 10:34 AM

46. No, but in her initial ruling she added that she had the final say, which means she could over-rule

the Special Master

Fortunately, that didn't apply to the Classified documents, because the DOJ appealed that and it was ruled in the DOJ's favor



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Response to JohnSJ (Reply #46)

Fri Sep 30, 2022, 10:48 AM

47. She doesn't even need to put it in her initial ruling

That's what special masters are.

Fortunately, that didn't apply to the Classified documents

Sure it did. If either side thought the SM was setting a standard other than what the judge wanted... they could have asked the judge to change that decision. And the 11th could change that.

All a SM is... is someone who advises the judge based on what the judge wants advice on. The judge could have decided to do it herself - but the SM acts on her behalf (and is always subject to her changing that).

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Response to FBaggins (Reply #47)

Fri Sep 30, 2022, 11:00 AM

48. It didn't apply to the Classified documents because the DOJ won the appeal from the 11th circuit

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Response to JohnSJ (Reply #48)

Fri Sep 30, 2022, 12:05 PM

51. Of course it did

The SM is under the judge in all matters... just like the judge is under the appellate court in all matters.

Note that when the 11th overturned her re: the classified materials - it did so by ordering her to change her order to the SM. The SM remains under her in all ways.

https://s3.documentcloud.org/documents/22672232/cannon-response-to-11th-circ-ruling.pdf

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Response to FBaggins (Reply #51)

Fri Sep 30, 2022, 12:23 PM

52. yes

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Response to brooklynite (Original post)

Thu Sep 29, 2022, 04:14 PM

5. oh good; trump team gets to review "the records themselves" that fbi confiscated

--get out the camera phones.

click click click click click click

hand me the top secret stuff... thanks

click click click click click click click

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Response to orleans (Reply #5)

Thu Sep 29, 2022, 04:16 PM

7. That always has been the case.

And it doesn't include the classified documents. If Trump had delivered the documents to NARA asa required, he would have had pretty much unfettered access to them.

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Response to brooklynite (Original post)

Thu Sep 29, 2022, 04:18 PM

8. Maybe this move to help Trump will encourage the 11th Circuit to respond to the DOJ appeal faster.

Cannon may as well announce that she will ignore the law and do everything she can to aid Grump’s case.

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Response to brooklynite (Original post)

Thu Sep 29, 2022, 04:23 PM

9. was this judge a humpster appointee?

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Response to AllaN01Bear (Reply #9)

Thu Sep 29, 2022, 04:25 PM

12. Yes! Appointed after he lost on Nov 13th.

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Response to LeftInTX (Reply #12)

Fri Sep 30, 2022, 08:02 AM

40. She was confirmed after the election, nominated before.

Trump announced his nomination of her in April 2020, a hearing was held in July and her nomination was reported by committee (16-6 vote) in September.

That being said, it is unusual for confirmation votes to be held on a nominee after the election.

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Response to AllaN01Bear (Reply #9)

Thu Sep 29, 2022, 04:25 PM

13. Yes. n/t

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Response to AllaN01Bear (Reply #9)

Thu Sep 29, 2022, 04:25 PM

14. And a lame-duck appointment at that

Cheeto knew that whoever happened to be federal judge where Mar-a-Loco sits, would have a great deal of say over whether he ends up in jail or not.

So he made sure to install the dirtiest, greasiest, most 3-worldly hack he could find.

And did he ever.

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Response to brooklynite (Original post)

Thu Sep 29, 2022, 04:23 PM

10. Aileen's earning her Mercedes alright

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Response to brooklynite (Original post)

Thu Sep 29, 2022, 04:28 PM

15. Corrupt, bought, piece of shit

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Response to brooklynite (Original post)

Thu Sep 29, 2022, 05:59 PM

17. What does Putin have on her?

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Response to brooklynite (Original post)

Thu Sep 29, 2022, 06:08 PM

20. Oy- Judge Cannon tinkers badly with (and with typos) Judge Dearie's scheduling order

Judges should NOT have typos in their opinions or orders





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Response to brooklynite (Original post)

Thu Sep 29, 2022, 06:17 PM

25. "They let you do it. You can do anything."

Next thing you know, she will be letting him grab her.

The pandering to Trump by this judge is almost unbelieveable.

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Response to brooklynite (Original post)

Thu Sep 29, 2022, 06:54 PM

29. WORST. JUDGE. EVER.

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Response to brooklynite (Original post)

Thu Sep 29, 2022, 08:26 PM

34. There, see? Trump will be able to crap all over this case just like everything else.

And get away scot free without even an indictment.

I'm confident he will suffer no legal consequences whatsoever.

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Response to Kablooie (Reply #34)

Thu Sep 29, 2022, 09:10 PM

36. Well, since this judge was unable to protect him over the classified materials, the investigation

against trump can proceed, and she will not be able to prevent the DOJ of calling a grand jury in this matter, or an indictment if it proceeds


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Response to Kablooie (Reply #34)

Fri Sep 30, 2022, 08:16 AM

42. Unfit To Be A Judge.

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Response to brooklynite (Original post)

Thu Sep 29, 2022, 10:09 PM

37. i've said this before but

he must have some serious dirt on that woman.

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Response to brooklynite (Original post)


Response to brooklynite (Original post)

Fri Sep 30, 2022, 10:28 AM

45. Probably unpopular post: Dearie's pre-review verification requirement never made much sense

There are many things wrong about Cannon's most recent decision, but I'm not sure that her granting Trump's objection to the pre-review verification requirement is one of them.

Dearie's order required the seized documents to be provided to Trump on September 30. That is also the date on which Trump was supposed to provide the following:
A list of any specific items set forth in the Detailed Property Inventory that Plaintiff asserts were not seized from the Premises on August 8, 2022.
A list of any specific items set forth in the Detailed Property Inventory that Plaintiff asserts were seized from the Premises on August 8, 2022, but as to which Plaintiff asserts that the Detailed Property Inventory’s description of contents or location within the Premises where the item was found is incorrect.
A detailed list and description of any item that Plaintiff asserts was seized from the Premises on August 8, 2022, but is not listed in the Detailed Property Inventory.

It's not clear how Trump was supposed to reach conclusions about "specific items" seized before it had an opportunity to review those items. All Trump would have is the inventory provided by the DOJ and its not specific (for example, a typical entry simply states that the seized materials include "396 US Government Documents/Photographs Without Classification Markings". I'm not surprised that a judge would have problems with an order that effectively would prevent challenges being raised to the accuracy of the inventory before copies of the inventoried items were made available for review). As it stands, Trump still will have to raise any objections to the inventory after the documents have been provided for review and if he doesn't object then, as a legal matter, he will have conceded the accuracy of the inventory.

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Response to brooklynite (Original post)

Fri Sep 30, 2022, 11:16 AM

49. I am so embarrassed by the ...

Democratic senators who confirmed her, including both from my state. She did not have the backing of the ABA. Please wake up Senators!! - a recommendation by the ABA should be a bare minimum requirement to vote to confirm a judge. What were you thinking? It's about judgment!

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Response to brooklynite (Original post)

Fri Sep 30, 2022, 11:17 AM

50. If Trump gets elected in 2024, she's his first pick for Supreme Court Justice

If there's an opening, it will be her.

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