Agreed. Trump values loyalty (to him, he’s not loyal to shit) above all. He’s gotta be pissed.
Once you give someone a job for life, you don’t really have any leverage left.
Agreed. Trump values loyalty (to him, he’s not loyal to shit) above all. He’s gotta be pissed.
Once you give someone a job for life, you don’t really have any leverage left.
Awesome.
It seemed like it should have been a no-brainer, but that’s not something we can take for granted anymore.
Can you please explain to a poor furriner who often loses track when it comes to American legalese in this thread what this means?
The Department of Justice requested a partial stay of Judge Cannon’s (lawless and corrupt) order that a special master review documents that were marked classified. That request was granted so the good guys keep to keep the secret documents from the bad guys.
But what does “partial stay” mean? That’s the term I’ve never heard.
Politco is now hosting a complete copy of the partial stay order.
https://www.politico.com/f/?id=00000183-625b-da48-a3e3-e2ff83050000
I haven’t read it yet, but even before reading I’m going to go ahead and assert that Trump has not had a super great day from a legal standpoint.
They are appealing the entirety of Judge Cannon’s (lawless and corrupt) order, but there was a major national security issue with just part of it. They requested a stay pending appeal for just that part of the order.
That partial stay was granted.
That makes it a bit clearer for me, but what’s supposed to follow now in the case of the special master? What will be the next steps?
The special master will still do a privilege review of the remaining (> 10,000) documents.
However, due to the partial stay, the documents bearing classification markings will stay with DOJ and they are no longer enjoined from proceeding with their investigation into crimes involving those documents.
The special master review will probably go a lot faster now too because many of the anticipated delays had to do with security clearances and other issues related to classified material. These documents are a bit of a sideshow, but there’s probably important stuff in there too.
The main big deal is that the classified material is going to stay where it belongs and the investigators don’t have to wait until the special master is done to continue investigating.
I really, really just skimmed it, but my sense was that of a rousing judicial bitch slapping of Trump and his counsel.
In short, “We aren’t buying it – any of it.”
Dearie, redux.
I’m feeling something very much akin to … I think it’s mirth.
Many thanks for the detailed explanatiosn, @Lance_Turbo. Many good news today, indeed.
You’re welcome. Taking the time to explain things in detail helped me distill the relevant issues down to the most important parts and deepened my understanding.
Of course, someone will be along shortly to point out all the mistakes I made.
This right here is the most important part of the ruling, to me:
For our part, we cannot discern why Plaintiff would have an individual interest in or need for any of the one-hundred documents with classification markings. Classified documents are marked to show they are classified, for instance, with their classification level. Classified National Security Information, Exec. Order No. 13,526, § 1.6, 3 C.F.R. 298, 301 (2009 Comp.), reprinted in 50
U.S.C. § 3161 app. at 290–301. They are “owned by, produced by or for, or . . . under the control of the United States Government.” Id. § 1.1. And they include information the “unauthorized disclosure [of which] could reasonably be expected to cause identifiable or describable damage to the national security.” Id. § 1.4. For this reason, a person may have access to classified information only if, among other requirements, he “has a need-to-know the information.” Id. § 4.1(a)(3). This requirement pertains equally to former Presidents, unless the current administration, in its discretion, chooses to waive that requirement. Id. § 4.4(3).
(Emphasis mine.)
In other words, they declined to grant Trump any claim to executive privilege – which (at least for now) will continue to rest exclusively with the current Executive. They ruled exactly as I hoped they would, except for the issue of jurisdiction. What a relief.
“A Daniel come to judgment: yea a Daniel ! / O wise young judge, how I do honour thee!”
This is awesome, but I won’t feel mirth unless/until Cheeto Mussolini does the perp walk.
That a judge like Loose Cannon or the highly corrupt right wing judges on the Supreme Court exist and there is no method for getting them OUT or protecting citizens from the harmful decisions they make is dampening my pleasure.
However, I must admit to some satisfaction at the thought of the screaming and ketchup slinging that must be going on wherever trump is tonight.
I was so scared. I really feared they might try to extend the limits on executive privilege. It would have been insane, but that’s not in such short supply in this country these days. A celebratory beverage is definitely in order tonight!!
Yes, but then the country will have big problems like you’ve never seen before (massive shortages of adult beverages and popcorn, epidemic outbreaks of split sides, that sort of thing).
Oh this week just gets better and better by the hour! Woohoo!
And it’s only Wednesday!
This is my favorite part:
Plaintiff suggests that he may have declassified these docu-
ments when he was President. But the record contains no evidence
that any of these records were declassified. And before the special
master, Plaintiff resisted providing any evidence that he had declas-
sified any of these documents. See Doc. No. 97 at 2–3., Sept. 19,
2022, letter from James M. Trusty, et al., to Special Master Ray-
mond J. Dearie, at 2–3. In any event, at least for these purposes,
the declassification argument is a red herring because declassifying
an official document would not change its content or render it per-
sonal. So even if we assumed that Plaintiff did declassify some or
all of the documents, that would not explain why he has a personal
interest in them.
Question- was this an emergency stay pending appeal, or just an emergency stay? If it’s pending appeal, what would they be appealing? The same matters that the 11th District just ruled on, or the entire ruling Judge Cannon handed down?
Large parts of her ruling are contrary to the law (as described by various and sundry TV commentator lawyers), so I could understand if they wanted to make sure the ruling didn’t stand as precedent. On the other hand, they’ve received relief from the most egregious parts of the ruling. The special master could well be done with his review by the time an appeal could be heard. This may weigh against worrying about slowing things down with an appeal.