Thursday, September 15, 2022

Judge Dearie Appointed As "Special Master" -- Will Look At 101 Classified Documents FIRST; As Cannon "Misfires... Again" -- All Of Little Moment.


Well. . . as we said, this all won't matter much.

Dearie is free from bias, and a solid federal judge (in both cases, unlike the judge who has appointed him).

And he ought to be able to clear all 101 documents, in under a few days, as that is a small lift, and presumably they are all clearly marked as "not the sort of thing that can possibly become a personal record of the president". Here is the order appointing Judge Dearie, and here is her utterly malformed memo / opinion denying the government a stay in this matter.

The government's formal appeal of that nonsense is already pending in the Eleventh Circuit, as Case No. 22-13005.

The very notion that Tangerine might have scribbled on top secret original documents. . . ends the inquiry. Even if he declassified them, that is irrelevant as to making them. . . anyone BUT the government's. That is the sine qua non of a classification and compartmentalization structural protocol.

So -- as I say, she's woefully wrong on the law -- but once the Special Master rules (as he will) that the 101 documents are properly US government property, and thus may be used in investigations, the game is over. Trump loses. He may get his remaining couple of mis-filed press clippings, documents and photos back in the coming months. . . but the grand jury will have indicted him by then.

Out.

नमस्ते

2 comments:

  1. just another example of Republicans ignoring the 'rule of law': https://www.huffpost.com/entry/montana-defies-order-on-transgender-birth-certificates_n_6323b1afe4b0ed021dfb1f30.

    I wonder how they would feel/react to the DOJ 'not honoring' Judge Cannon's decision? Forget the appeal, go ahead and continue reviewing the documents without the Special Master and withhold the 100 documents for security sake....

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  2. I do hear you, Anon. -- it is ALL immensely... frustrating.

    But as we both know, the path to anarchy is to... decide we will only obey the laws and decisions. . . we favor.

    And, I do think. . . Cannon will soon be irrelevant.

    As to birth certificates (as was the case with marriage licenses, until just a few years ago), this is a much more vexing legal thicket: one may have to redomicile for a bit to get one, in a fairer state, like Colorado, for example.

    My understanding is that (very quietly) there are service providers who will procure a lawful, state issued corrected gender birth certificate. . . to combat all this.

    But it is lunacy -- that Montana thinks the 14th Amendment doesn't apply inside its borders.

    Namaste. . . .

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