Our pals at Electoral-Vote have a piece up on yesterday’s Special Master ruling, written by an actual lawyer:
Was it the right decision, though? Since Cannon was appointed by Trump, there is much supposition that she’s in the bag for him, and is doing his bidding. We are definitely not in a position to weigh in on this question. Luckily, however, reader A.R. in Los Angeles is, as a lawyer who is most certainly not in the bag for Trump. Here’s A.R.’s assessment:
I don’t think it’s entirely out of bounds. The judge is not wrong when she urges some caution in searching a former president’s home—though she doesn’t seem concerned enough with what has already been found there that precipitated the search. But the bottom line is that a special master can be limited to looking only at those documents that may plausibly involve either attorney-client or executive privilege. Once those are identified, the judge can decide two things: (1) whether the privilege is properly invoked; and (2) if it is, whether the DoJ should still get the document.
As the judge herself acknowledged, the privilege claims may ultimately fail, but Trump has a right to raise them. I think the DoJ has to just give this one to Trump. The worst thing they could do, in my humble opinion, is appeal.
This is the point I was trying to make yesterday: appealing would put the whole issue on the last train to Clarksville and ultimate be decided to be picked up (or not) by insurrection-adjacent SCOTUS Justice Thomas maybe a year from now, and no one wants that.
The Eleventh Circuit is too unpredictable and even if you win, you could end up in front of SCOTUS, which is the last place you want to be—not to mention that would drag everything out for, what, a year at least?
Everyone admits the investigation is in the early stages, so a special master won’t derail anything, and this will keep Trump’s attorneys busy through the election. Then, if the judge does something wacky like expanding executive privilege for former presidents, the DoJ can appeal that. But the most likely outcome is they’ll get what they want in the end—it’ll just take longer—just like everything when it comes to TFG.
Thanks for the benefit of your expertise, A.R.!
The only trick in Lord Damp Nut’s litigation bag-o-tricks is to draw everything out beyond human endurance. That said there’s more lawyers in the DOJ than he has schemes AND they have unlimited funds, which he does not (especially since the RNC will not foot the bill for the Merde-a-Lardo scandal).
Here’s the thing to stay focused on: TFG was in possession of 11,000+ stolen documents. Even if some of them are actually his (3 passports?) then he is still in in possession of 10,997 stolen documents. Ask Reality Winner about having just one stolen document.
While some number of these 11,000 stolen documents are government secrets is alarming, his nonsense claim of declassifying them by fiat does not change the fact that he was in possession of around 11,000 stolen documents. The classification issue only determines if a former president was guilty of espionage or not. And that’s a sentence that I never thought I would write.
And also, if by fiat he could declassify them, then by fiat President Handsome Joe Biden could re-classify them by fiat.
Don’t be distracted. Hair Füror is nailed.