Posted on 12/12/2022 10:33:52 AM PST by Coronal
Former president Donald Trump’s legal effort to thwart a Justice Department investigation into classified documents seized from his palatial Palm Beach estate was officially tossed out Monday.
U.S. District Judge Aileen Cannon, after being rebuked by a federal appellate court for allowing Trump’s lawsuit to move forward, brought his controversial lawsuit to a halt after the court had ordered her to end it.
“This case is dismissed for lack of jurisdiction,” Cannon wrote in a one-page order released Monday. “The Clerk of Court shall close this case.”
At the beginning of the month, the 11th Circuit Court of Appeals in Atlanta ruled that Cannon had no authority to grant Trump’s request for an independent expert to evaluate thousands of documents that FBI agents took from his Mar-a-Lago residence on Aug. 8 to determine if any were off limits to the feds because of potential attorney- or executive-privilege protections.
The special master, a federal judge in New York, was supposed to report back to Cannon soon with his assessment of the documents as the Justice Department continued its probe of the classified documents that Trump took from the White House to his Palm Beach estate. Trump is under investigation by a federal grand jury in Washington, D.C., which is considering allegations of mishandling classified government documents, violating national security laws and obstructing justice.
But a three-judge panel of the 11th Circuit Court threw out her Sept. 5 order allowing the special master to review the seized documents for potential privilege issues. The panel found that Cannon, nominated by Trump to the federal bench, had no authority to appoint the independent expert or even get involved in the former president’s suit after a West Palm Beach magistrate judge had properly approved a lawful warrant for the FBI’s search of Mar-a-Lago.
(Excerpt) Read more at miamiherald.com ...
So the All Powerful Democrat Thug State may seize any and all things they want without restraint once they get a petty partisan magistrate to give them leave.
Yeah, sure, that’s what the Founders had in mind when they wrote the Fourth Amendment.
Time to close the law schools, force their students into farm labor. Maybe Mao had it right.
She was a Trump appointee.
Who, exactly, has ‘jurisdiction’ if a Federal Court doesn’t?
The federal court that granted the warrant in the first place is the one with jurisdiction. Instituting a separate civil lawsuit over the scope or execution of a warrant was very unusual. And the court of appeals determined that the second federal court did not have jurisdiction over a case already in a different federal court.
Realistically, Trump's lawsuit was a huge longshot.
What Running the case and having the FBI rummage through client-lawer protected comms is actualy very protective of the former president having all the documents. That something oddball is mixed in with privleged documents has been protected by the courts as the work of the legal system.
Let the sharks fight out 122,000 documents one by one. At document 3 they have lost the American public. Does an ex president have alot a dandrif on move out day...yes. Should have all gone to a burn bag? Will the next white house do anything on paper...no! We will not know how things were decided in the future, but the leadership can make bold choices without the lawyers. Next adminsitration first move, ship all the old files of DC to the shredders. Historians are fucked.
Will you stop with the facts! We don’t want facts. We want confirmation of our desired outcomes.
Are saying another Trump appointment gone bad?
Um, So?
And the Appellate court has Trump appointees too. So what’s your point?
Federal courts are courts of limited jurisdiction. They only have the jurisdiction specifically granted to them by statute and the Constitution. There is no statute giving a district court the jurisdiction to hear Trump's lawsuit.
Trump's lawsuit relied on a series of lower-court cases recognizing an "exceptional," "anomalous" form of equitable jurisdiction to order the government to return property seized under a search warrant before any indictment. The 11st Circuit held that the factors courts have held necessary to support such jurisdiction were absent here.
Bkmk
Will you stop with the facts! We don’t want facts.
************
Very true except when the facts go against their desires....
It wasn’t the magistrate, it was the 11th circuit court of appeals that eviscerated her previous orders and told her she had no jurisdiction.
You missed the point.
The original search warrant came from this nice fellow:
https://www.flsd.uscourts.gov/content/judge-bruce-e-reinhart
You’ll notice his title includes the imperious sounding word “Magistrate”.
The federal court that granted the warrant in the first place.
Russiagate part two
Excuse me but neither Trump nor his attorneys have seen the warrant or supporting documents. So how can a Court rule the warrant was lawful?
No recourse for a dirty federal judge, then. Fantastic.
Thank you. What are the factors necessary to support such jurisdiction?
(1) whether the government displayed a “callous disregard” for the plaintiff’s constitutional rights; (2) “whether the plaintiff has an individual interest in and need for the material whose return he seeks”; (3) “whether the plaintiff would be irreparably injured by denial of the return of the property”; and (4) “whether the plaintiff has an adequate remedy at law for the redress of his grievance.”
Trump should fire this Judge and the 11th Circus Judges he hired that didn’t follow his instructions. Employees have no right to go against their employer.
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