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Justice Department scores win against Trump in Mar-a-Lago raid case on special master appeal
Washington Examiner ^ | October 05, 2022 01:59 PM | by Jerry Dunleavy, Justice Department Reporter |

Posted on 10/05/2022 1:14:20 PM PDT by Red Badger

An appeals court has granted the Justice Department’s request to speed up its appeal of the appointment of the special master examining the documents obtained during the FBI raid of former President Donald Trump's Mar-a-Lago resort.

Trump opposed the DOJ’s efforts to expedite its circuit court appeal, with the former president’s lawyers saying this week that the timeline for DOJ’s appeal should be broadened and that oral arguments shouldn’t happen until January at the earliest. The appeals court panel appeared to reject much of that in siding with the Justice Department.

U.S. Circuit Judge Adalberto Jordan ruled Wednesday that DOJ’s “motion to expedite appeal is granted” and that the court clerk was directed “to expedite the appeal for merits disposition purposes.” A special merits panel will decide “when and how to hear oral argument,” but for now, the Justice Department’s initial brief is due Oct. 14, Trump’s response is due Nov. 10, and the DOJ’s reply to that is due Nov. 17.

The Justice Department argued to the U.S. Circuit Court of Appeals for the 11th Circuit on Friday that its alleged inability to access nonclassified documents seized in the raid in early August was hampering its investigation into whether Trump improperly moved classified information out of the White House during his presidency.

Trump’s legal team has unsuccessfully sought to keep the appeals court out of the process, arguing that the circuit judges "should, respectfully, decline the Government’s invitation to proceed directly toward a preordained conclusion.”

“President Trump also opposes the Government’s request to expedite oral argument in this case. … President Trump believes setting oral argument in January 2023 or later is appropriate,” Trump attorneys Christopher Kise and Jim Trusty said in a Monday morning filing.

Trump’s lawyers also called upon the Supreme Court on Tuesday to reverse the appeals court ruling that itself reversed the lower court ruling allowing for a special master to review allegedly classified documents seized at Mar-a-Lago.

Last month, Judge Aileen Cannon appointed Judge Raymond Dearie to be an independent reviewer of the records seized from Mar-a-Lago.

The appeals court has already granted the Justice Department's request for a partial stay of Cannon's lower court order, allowing the DOJ to continue its criminal investigation using allegedly classified documents the FBI seized. The three-judge panel’s decision was a win for the DOJ, with the appeals court also reversing Cannon’s determination that the DOJ would have to provide roughly 100 documents with classified markings to the special master for review.

Cannon had ruled last month that she “temporarily enjoins the Government from reviewing and using the seized materials for investigative purposes pending completion of the special master’s review or further Court order.”

The appeals court sided with DOJ that Cannon had “likely erred” in her ruling pausing the DOJ’s criminal investigation and requiring prosecutors to allow Dearie to scrutinize the 100 documents with classified markings independently.

Last week, Cannon also overruled the special master she appointed when Dearie sought a sworn document from Trump's legal team on whether the DOJ planted evidence and whether the Justice Department's inventory of items seized from Mar-a-Lago was accurate. She took note of concerns from Trump's lawyers that their "current inability to access the seized materials" would hinder them from corroborating the DOJ inventory.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; Politics/Elections
KEYWORDS: 1moretime; trump
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1 posted on 10/05/2022 1:14:20 PM PDT by Red Badger
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To: Red Badger

My eyes are going crossed trying to keep up with all the legal motions in this drama.


2 posted on 10/05/2022 1:19:00 PM PDT by Old Retired Army Guy
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To: Red Badger

It is becoming far too predictable. Bet they have some dirt on Judge Adalberto Jordan.


3 posted on 10/05/2022 1:19:07 PM PDT by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: Red Badger

4 posted on 10/05/2022 1:20:14 PM PDT by stars & stripes forever (Blessed is the nation whose GOD is the LORD. - Psalm 33:12)
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To: Red Badger
"Expedite for me, but not for thee."

I really appreciate how the DOJ expedited the Russian collusion investigation. They really fast tracked that. /s

5 posted on 10/05/2022 1:21:01 PM PDT by Governor Dinwiddie (LORD, grant thy people grace to withstand the temptations of the world, the flesh, and the devil.)
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To: Governor Dinwiddie

U.S. Circuit Judge Adalberto Jordan, a Clinton/Obama catamite.


6 posted on 10/05/2022 1:27:52 PM PDT by Bookshelf
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To: Red Badger

These days there is less talk of “third world corruption.” American Democrats now show the third world new ways to be corrupt. We’re number one!


7 posted on 10/05/2022 1:28:48 PM PDT by TChad (Progressives are in favor of removing healthy sex organs from children. Conservatives oppose this.)
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To: TChad

In the old days the kings built castles to hide from the riff raff. but still needed them to serve them.

Time is shorter these days so they just charge the serfs big buck to live in luxury.


8 posted on 10/05/2022 1:39:21 PM PDT by oldasrocks
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To: Red Badger

There’s a more recent request to the USSC.


9 posted on 10/05/2022 2:13:29 PM PDT by Sacajaweau ( )
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To: stars & stripes forever

They’re not after Trump. They’re after you and me. Trump is just in their way.


10 posted on 10/05/2022 3:12:07 PM PDT by fwdude (Racism is not dead, but it is on life support - kept alive by politicians….” — Thomas Sowell)
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To: Old Retired Army Guy

Trump has already appealed the stay to the Supreme Court.


11 posted on 10/05/2022 3:15:53 PM PDT by AndyJackson
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To: Old Retired Army Guy

Trump has already appealed the stay to the Supreme Court.


12 posted on 10/05/2022 3:15:53 PM PDT by AndyJackson
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To: stars & stripes forever

When the time comes he must be relentless in prosecuting and jailing these scum


13 posted on 10/05/2022 3:33:09 PM PDT by ronnie raygun
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To: Red Badger

On to the Supremes and Judge Thomas who overseas that appeals court.


14 posted on 10/05/2022 3:38:39 PM PDT by kenmcg (t)
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To: Red Badger

This whole Mara Largo thing stinks of Dem political influence. The Voters have a full understanding of the issues and November will resolve them.


15 posted on 10/05/2022 3:46:07 PM PDT by chopperk
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To: Red Badger

For years the communists have been working on stacking the courts with their people. Once you control the courts you control everything. The constitution or the law no longer need to exist.


16 posted on 10/05/2022 3:46:48 PM PDT by Revel
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To: chopperk

IF I understand all this mumbo-Jumbo-—

This is like a prospective bookkeeping client wanting me to clean up their books & prepare financial statements -—but they will NOT allow me access to:

Income/invoice records/Receivables
Vendor statements/Payables
Payroll/payroll taxes deposited
Prior financial records
Bank statements/cancelled checks
Inventory records
Depreciation records

AND-—they want all of this done in a matter of a short window of time-—and they want it all to be accurate.

AM IT RIGHT?


17 posted on 10/05/2022 4:16:07 PM PDT by ridesthemiles
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To: Bookshelf

Adalberto Jose Jordan is a United States Circuit Judge of the United States Court of Appeals for the Eleventh Circuit. He is also an adjunct professor at the University of Miami School of Law, his alma mater, and at Florida International University’s College of Law. Wikipedia

Born: December 7, 1961 (age 60 years), Havana, Cuba

Party: Democratic Party

Education: University of Miami, University of Miami School of Law, St. Brendan High School

Appointed by: Barack Obama


18 posted on 10/05/2022 4:20:51 PM PDT by Lazamataz (The firearms I own today, are the firearms I will die with. How I die will be up to them.)
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To: Bookshelf
My Gaydar just pegged.


19 posted on 10/05/2022 4:25:21 PM PDT by Lazamataz (The firearms I own today, are the firearms I will die with. How I die will be up to them.)
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To: Red Badger

As I read this, it still delays the process past the
November election. Does anyone see it differently?


20 posted on 10/05/2022 4:40:06 PM PDT by DoughtyOne (I pledge allegiance the flag of the U S of A, and to the REPUBLIC for which stands.)
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