Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Appeals court halts special master review of documents seized at Mar-a-Lago in major defeat for Trump
CNN ^ | 12/1/2022 | Tierney Sneed

Posted on 12/01/2022 3:01:01 PM PST by semimojo

In a major defeat for former President Donald Trump, a federal appeals court on Thursday halted a third-party review of documents seized from his Mar-a-Lago estate.

The ruling removes a major obstacle to the Justice Department’s investigation into the mishandling of government records from Trump’s time in the White House.

In a ruling on Thursday, the 11th US Circuit Court of Appeals reversed a lower court’s order appointing a so-called special master to sort through thousands of documents found at Trump’s home to determine what should be off limits to investigators.

“The law is clear,” the appeals court wrote. “We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so.”

(Excerpt) Read more at cnn.com ...


TOPICS: Breaking News; Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: caselawsupportstrump; dojhasnolegalcase; maralago; trump2024; trumpdocuments
Navigation: use the links below to view more comments.
first previous 1-2021-4041-49 next last
To: qaz123
said, "The judges are 100% right.
But at this point the “defense” is allowed to see the affidavit."
that wasn't part of the ruling was it? If it was then there is a silver lining?
21 posted on 12/01/2022 3:32:49 PM PST by Steve Van Doorn (*in my best Eric Cartman voice* 'I love you, guys')
[ Post Reply | Private Reply | To 9 | View Replies]

To: Steve Van Doorn

Normally, someone would not be able to see the affidavit until after indictment.


22 posted on 12/01/2022 3:34:18 PM PST by PatriotarchyQ
[ Post Reply | Private Reply | To 21 | View Replies]

To: semimojo
More from the ruling (at link):

"In considering these arguments, we are faced with a choice: apply our usual test; drastically expand the availability of equitable jurisdiction for every subject of a search warrant; or carve out an unprecedented exception in our law for former presidents. We choose the first option. So the case must be dismissed."

23 posted on 12/01/2022 3:38:06 PM PST by semimojo
[ Post Reply | Private Reply | To 1 | View Replies]

To: PatriotarchyQ

Stay of execution pending appeal to SCOTUS.


24 posted on 12/01/2022 3:41:54 PM PST by Eleutheria5 (Free country? Good morning, Rip. )
[ Post Reply | Private Reply | To 2 | View Replies]

To: TexasFreeper2009

Starting with the Clintons and then on to the obamas. I saw a documentary on LBJ years ago and the guy being interviewed said that when they flew him back to TX after his presidency, he took everything that wasn’t nailed down (in the plane). Democrats are vile, putrid, rotten to the core grifters.


25 posted on 12/01/2022 3:42:01 PM PST by LibertyWoman (America, the Handwriting is on the Wall. )
[ Post Reply | Private Reply | To 10 | View Replies]

To: semimojo

Read closely:
In a major defeat for former President Donald Trump, a federal appeals court on Thursday halted a third-party review of documents seized from his Mar-a-Lago estate. The ruling removes a major obstacle to the Justice Department’s mishandling of government records from Trump’s time in the White House


26 posted on 12/01/2022 3:56:09 PM PST by kvanbrunt2
[ Post Reply | Private Reply | To 1 | View Replies]

To: LibertyWoman

Your statement about LBJ may very well be true, but the Presidential Records Act was not passed until the late 1970s.


27 posted on 12/01/2022 4:06:10 PM PST by trustverify0128
[ Post Reply | Private Reply | To 25 | View Replies]

To: semimojo

Judge Cannon isn’t called the dumbest judge in Florida for no reason! Another total rebuke!


28 posted on 12/01/2022 4:08:01 PM PST by Kirbyvas1
[ Post Reply | Private Reply | To 1 | View Replies]

To: semimojo

No - that’s not the argument.

The reason for the appointment of the special observer was that the FBI took far more than they were allowed to under the warrant and the observer was filtering things out that they were not supposed to take.

These judges just ruled that id didn’t matter what the warrant said, the government could take whatever they want because “there’s no law saying otherwise” (y’know, except for the fact that the warrant limited what they could search and take)

That’s an outright violation of the 4th amendment and it would apply to drug dealers and white collar criminals too.


29 posted on 12/01/2022 4:10:23 PM PST by Skywise
[ Post Reply | Private Reply | To 19 | View Replies]

To: semimojo

U.S. immigration “law is clear” but nobody is enforcing it.

This ruling will be appealed to the U.S. Supreme Court.


30 posted on 12/01/2022 4:24:09 PM PST by Gnome1949
[ Post Reply | Private Reply | To 1 | View Replies]

To: semimojo

Without that special master I suspect that some extra documents can be inserted into the “investigation.”


31 posted on 12/01/2022 4:29:38 PM PST by arthurus (covfefe ."(̉̉̉,)".)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Skywise
The reason for the appointment of the special observer was that the FBI took far more than they were allowed to under the warrant...

An argument any criminal could make, but I listened to the argument in front of the 11th and Trump's lawyers didn't make that claim.

Besides, if a court says law enforcement took too much the remedy is to exclude that evidence at trial - not to stop the investigation until some third party can review what was seized.

32 posted on 12/01/2022 4:42:36 PM PST by semimojo
[ Post Reply | Private Reply | To 29 | View Replies]

Comment #33 Removed by Moderator

To: arthurus
Without that special master I suspect that some extra documents can be inserted into the “investigation.”

The DOJ has provided a complete list of seized items.

34 posted on 12/01/2022 4:54:56 PM PST by semimojo
[ Post Reply | Private Reply | To 31 | View Replies]

To: PatriotarchyQ

Although I refuse to click anything CNN to read the court’s decision, I assume from the quote in the excerpt that the judges did the exact opposite of “legislating from the bench.” Indeed, while the federal rules of civil procedure provide for the appointment os a special master, there is no such provision in the federal rules of criminal procedure.


35 posted on 12/01/2022 5:00:16 PM PST by Labyrinthos
[ Post Reply | Private Reply | To 2 | View Replies]

To: Labyrinthos

The text of the ruling:

https://www.documentcloud.org/documents/23323310-221201-11th-c-vacate

I hate clicking on CNN too.


36 posted on 12/01/2022 5:11:15 PM PST by trustverify0128
[ Post Reply | Private Reply | To 35 | View Replies]

To: trustverify0128

Thanks. I read the decision and will summarize later. The ccourt most definately did not legislate from the bench. Just the opposite.


37 posted on 12/01/2022 5:24:24 PM PST by Labyrinthos
[ Post Reply | Private Reply | To 36 | View Replies]

To: qaz123

And they should challenge that - using the past decision with regard to WJKlintoon and his papers. The decision is very clear. Then sue the individuals at doj and the fibbies that pushed this through. As well as the ‘judge’ who was ‘picked’ to approve the warrant while the regular judge was out.


38 posted on 12/01/2022 5:25:27 PM PST by curious7
[ Post Reply | Private Reply | To 9 | View Replies]

To: trustverify0128

Thanks. I read the decision and will summarize later. The ccourt most definately did not legislate from the bench. Just the opposite.


39 posted on 12/01/2022 5:25:38 PM PST by Labyrinthos
[ Post Reply | Private Reply | To 36 | View Replies]

To: semimojo

There are so many lawsuits going around, but I think in this case, the Master, think his name is Dearie, refused to meet with President Trump AND the DOJ lawyers.

Didn’t read all the details, but I was surprised to read that.


40 posted on 12/01/2022 5:30:34 PM PST by Maris Crane
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-49 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson