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Judge appoints special master, denying DOJ access to classified records
Posted by: Steve G.
Date: September 15, 2022 08:42PM
the fix is in until November 30th

Judge appoints special master, denying DOJ access to classified records

AP story=>[apnews.com]
WASHINGTON (AP) — A federal judge on Thursday appointed a veteran New York jurist to serve as an independent arbiter in the criminal investigation into the presence of classified documents at former President Donald Trump’s Florida home, and refused to permit the Justice Department to resume its use of the highly sensitive records seized in an FBI search last month.

U.S. District Judge Aileen Cannon empowered the newly named special master, Raymond Dearie, to review the entire tranche of records taken in the Aug. 8 search of Mar-a-Lago and set a November deadline for his work. In the meantime, she continued to block the department from using for its investigation roughly 100 documents marked as classified that were seized.

The sharply worded order from Cannon, a Trump appointee, will almost certainly slow the pace of the investigation and set the stage for a challenge to a federal appeals court. The department had given Cannon until Thursday to put on hold her order pausing investigators’ review of classified records while the special master completes his work. The department said it would ask the Atlanta-based 11th U.S. Circuit Court of Appeals to intervene if she did not do so by then.
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A page from the order by U.S. District Judge Aileen Cannon naming Raymond Dearie as special master to serve as an independent arbiter and to review records seized during the FBI search of former President Donald Trump's Mar-a-Lago estate, is photographed Thursday, Sept. 15, 2022. (AP Photo/Jon Elswick)
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A page from the order by U.S. District Judge Aileen Cannon naming Raymond Dearie as special master to serve as an independent arbiter and to review records seized during the FBI search of former President Donald Trump's Mar-a-Lago estate, is photographed Thursday, Sept. 15, 2022. (AP Photo/Jon Elswick)

WASHINGTON (AP) — A federal judge on Thursday appointed a veteran New York jurist to serve as an independent arbiter in the criminal investigation into the presence of classified documents at former President Donald Trump’s Florida home, and refused to permit the Justice Department to resume its use of the highly sensitive records seized in an FBI search last month.

U.S. District Judge Aileen Cannon empowered the newly named special master, Raymond Dearie, to review the entire tranche of records taken in the Aug. 8 search of Mar-a-Lago and set a November deadline for his work. In the meantime, she continued to block the department from using for its investigation roughly 100 documents marked as classified that were seized.

The sharply worded order from Cannon, a Trump appointee, will almost certainly slow the pace of the investigation and set the stage for a challenge to a federal appeals court. The department had given Cannon until Thursday to put on hold her order pausing investigators’ review of classified records while the special master completes his work. The department said it would ask the Atlanta-based 11th U.S. Circuit Court of Appeals to intervene if she did not do so by then.
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The Justice Department did not immediately comment on Thursday’s ruling.

Cannon, who last week granted the Trump team’s request for a special master over the objections of the Justice Department, made clear in her Thursday order that she was not prepared to blindly accept the government’s characterizations of the documents, saying “evenhanded procedure does not demand unquestioning trust in the determinations of the Department of Justice.”

She turned aside the department’s position that Trump could not have any ownership interests in the documents, and said she was receptive to the possibility that the former president could raise valid claims of privilege over at least some of the records. She noted ongoing disagreements between the two sides about the “proper designation of the seized materials” and the “legal implications flowing from those designations.”

“The Court does not find it appropriate to accept the Government’s conclusions on these important and disputed issues without further review by a neutral third party in an expedited and orderly fashion,” she wrote.

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As special master, Dearie will be responsible for reviewing the entire inventory of documents taken during the search of Mar-a-Lago — the FBI says it recovered about 11,000 documents from the home during its search, including roughly 100 with classification markings — and segregating out any that may be covered by claims of executive privilege or attorney-client privilege. He is also tasked with identifying any personal materials of Trump’s that should possibly be returned to him.

The Justice Department said last week that it did not believe that the special master should inspect records with classified markings or evaluate the former president’s claims of privilege. Cannon rejected both positions Thursday, directing the special master to prioritize in his review the documents marked as classified, “and thereafter consider prompt adjustments to the Court’s Orders as necessary.” She set a deadline of Nov. 30 for the special master to complete the work.
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Re: Judge appoints special master, denying DOJ access to classified records
Posted by: Acer
Date: September 15, 2022 08:51PM
He. is. not. President.
There is no executive privilege when you're not the freaking executive any more.
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Re: Judge appoints special master, denying DOJ access to classified records
Posted by: Speedy
Date: September 15, 2022 09:37PM
At least it should be completed by the end of the year. This judge is completely in the former president’s pocket. She is the go-to judge for extreme right wingers.





Saint Cloud, Minnesota, where the weather is wonderful even when it isn't.



Edited 1 time(s). Last edit at 09/15/2022 09:40PM by Speedy.
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Re: Judge appoints special master, denying DOJ access to classified records
Posted by: AllGold
Date: September 15, 2022 11:55PM
Bet the DoJ will appeal immediately and even though the 11th Circuit consists of 6 of 11 judges appointed by Trump, they will likely rule that she is full of crap (which she is and has become somewhat of a laughing stock in the legal world).
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Re: Judge appoints special master, denying DOJ access to classified records
Posted by: RgrF
Date: September 16, 2022 12:08AM
Maybe. Don't appeals go to a 3 member appellate panel and not the entire circuit?
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Re: Judge appoints special master, denying DOJ access to classified records
Posted by: GGD
Date: September 16, 2022 12:10AM
Shouldn't every judge that was appointed by Trump recuse themselves in these cases (including Supreme Court justices).
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Re: Judge appoints special master, denying DOJ access to classified records
Posted by: Rolando
Date: September 16, 2022 12:27AM
Quote
GGD
Shouldn't every judge that was appointed by Trump recuse themselves in these cases (including Supreme Court justices).

That would require a sense of ethics and decency. If they had either, the Trumpeter would not have chosen them!



San Antonio, TX (in the old city)


"All that is required for evil to prevail is for good men to do nothing." - Edmund Burke
“Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented." - Eli Weisel

"To announce that there must be no criticism of the President, or that we are to stand by the President, right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public." - Theodore Roosevelt (1918)

"I don’t want to see religious bigotry in any form. It would disturb me if there was a wedding between the religious fundamentalists and the political right. The hard right has no interest in religion except to manipulate it." - Billy Graham 1981

"Politics and governing demand compromise. But these Christians believe they are acting in the name of God, so they can't and won't compromise" - Barry Goldwater
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Re: Judge appoints special master, denying DOJ access to classified records
Posted by: pdq
Date: September 16, 2022 07:22AM
Quote
RgrF
Maybe. Don't appeals go to a 3 member appellate panel and not the entire circuit?

I think that’s right, followed by an appeal to the full court if one of the parties requests it.

Kinda hope the 3 judge panel overturns, and then the question goes to all when Trump’s lawyers appeal. It’ll be useful to see exactly who is in his pocket. Also, Cannon’s ruling should be overturned by both, which would be a nice smackdown.

If either uphold it, though, we may be headed for big trouble.
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Re: Judge appoints special master, denying DOJ access to classified records
Posted by: cbelt3
Date: September 16, 2022 07:41AM
Does Dearie have TS/SCI clearance ? That's not something a judge or a former president can grant with the wave of a gavel or a tiny finger.

Are the materials secured properly where they are in the DOJ HQ. In a SCIF ? With controlled access ? Inspection of all materials entering and leaving ? (NO notes allowed out).

If the answer to either questions is "No" then this should not happen. PERIOD.

Da Judge has ZERO right to classified materials. I want to see a squad of hard-ass armed DIA agents and a squad of hard-assed FBI agents guarding that stuff.
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Re: Judge appoints special master, denying DOJ access to classified records
Posted by: pdq
Date: September 16, 2022 07:45AM
Good questions.
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Re: Judge appoints special master, denying DOJ access to classified records
Posted by: samintx
Date: September 16, 2022 08:00AM
Quote
Rolando
Quote
GGD
Shouldn't every judge that was appointed by Trump recuse themselves in these cases (including Supreme Court justices).

That would require a sense of ethics and decency. If they had either, the Trumpeter would not have chosen them!

AMEN facepalm
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Re: Judge appoints special master, denying DOJ access to classified records
Posted by: JoeH
Date: September 16, 2022 01:35PM
About the only good point in the order is that Trump's legal team is supposed to pay for the special master. Wonder how Dearie is going to guarantee getting paid?
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Re: Judge appoints special master, denying DOJ access to classified records
Posted by: pdq
Date: September 16, 2022 01:54PM
What makes me a wee bit nervous is all of the people coming out of the woodwork to proclaim Dearie (a Reagan appointee) a perfect evenhanded saint.

Similar things were said about Starr, Barr, Durham, etc - funny how only Republicans are acceptable in these special appointments.

And now we’re back to one guy having (some degree of) control over a federal investigation, and he was shoehorned in by a judge who is clearly biased in favor of Trump.

And I don’t think the Trumpies would have suggested someone as a special helper, unless they thought he could help them.
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Re: Judge appoints special master, denying DOJ access to classified records
Posted by: TheCaber
Date: September 16, 2022 01:57PM
What is Raymond J. Dearie's security clearance level?



=TC
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Re: Judge appoints special master, denying DOJ access to classified records
Posted by: DeusxMac
Date: September 16, 2022 02:08PM
Quote
TheCaber
What is Raymond J. Dearie's security clearance level?

I'd guess it's pretty high...

"On July 2, 2012, Supreme Court Chief Justice John Roberts appointed Dearie to a seven-year term on the United States Foreign Intelligence Surveillance Court." [FISA]

FISA "...oversee(s) requests for surveillance warrants against foreign spies inside the United States by federal law enforcement and intelligence agencies. Such requests are made most often by the National Security Agency (NSA) and the Federal Bureau of Investigation (FBI)."
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Re: Judge appoints special master, denying DOJ access to classified records
Posted by: pdq
Date: September 17, 2022 07:26AM
As expected (hoped for), the government has filed an appeal of Cannon’s order. (Including, specifically, the part where she ordered the investigation of how national security may have been compromised (may still be being compromised) has to stop).

Now we begin to find out how close we really are to a lawless anarchy.



Edited 1 time(s). Last edit at 09/17/2022 07:27AM by pdq.
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Re: Judge appoints special master, denying DOJ access to classified records
Posted by: vision63
Date: September 17, 2022 02:07PM
Quote
JoeH
About the only good point in the order is that Trump's legal team is supposed to pay for the special master. Wonder how Dearie is going to guarantee getting paid?

If she were me, it'd be half down and half on delivery. With Trump, it would be cash on delivery.
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