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11th Circuit Vacates Cannon’s Order to Appoint a Special Master

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  • 11th Circuit Vacates Cannon’s Order to Appoint a Special Master

    11th Circuit Vacates Cannon’s Order to Appoint a Special Master in Mar-a-lago Investigation
    .
    On Dec. 1, in a unanimous per curiam decision, the U.S. Court of Appeals for the 11th Circuit ruled to reverse an order issued by U.S. District Judge Aileen Cannon to appoint a special master to oversee the review of classified documents seized from former President Donald Trump’s Mar-a-lago residence on Aug. 8.

    The 11th Circuit found that Cannon “improperly exercised equitable jurisdiction” in hearing the case and that the entire proceeding should be dismissed. Notably, the court also found that regardless of the status of a document in question (personal or presidential), the government maintains the authority to seize it under a warrant supported by probable cause.

    The panel wrote, “The law is clear. We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so.”

    You can read the opinion here or below:


    Appeals Court Scraps Special Master Review in Trump Documents Case
    .
    WASHINGTON — A federal appeals court on Thursday removed a major obstacle to the criminal investigation into former President Donald J. Trump’s hoarding of government documents, ending an outside review of thousands of records the F.B.I. seized from his home and freeing the Justice Department to use them in its inquiry.

    In a unanimous but unsigned 21-page ruling, a three-member panel of the U.S. Court of Appeals for the 11th Circuit in Atlanta shut down a lawsuit brought by Mr. Trump that has, for nearly three months, slowed the inquiry into whether he illegally kept national security records at his Mar-a-Lago residence and obstructed the government’s efforts to retrieve them.

    The appeals court was sharply critical of the decision in September by Judge Aileen M. Cannon, a Trump appointee who sits in the Southern District of Florida, to intervene in the case. The court said Judge Cannon never had legitimate jurisdiction to order the review or bar investigators from using the files, and that there was no justification for treating Mr. Trump differently from any other target of a search warrant.

    “It is indeed extraordinary for a warrant to be executed at the home of a former president — but not in a way that affects our legal analysis or otherwise gives the judiciary license to interfere in an ongoing investigation,” the court wrote.

    Limits on when courts can interfere with a criminal investigation “apply no matter who the government is investigating,” it added. “To create a special exception here would defy our nation’s foundational principle that our law applies ‘to all, without regard to numbers, wealth or rank.’”

    Appeals Court Ruling
    Read the opinion overturning the order imposing a special master.

    The panel’s ruling is set to take effect next Thursday. If there is no stay for an appeal before then, the review by the independent arbiter, or special master — Raymond J. Dearie, a judge who sits in the Eastern District of New York — would abruptly end. At that point, Judge Cannon would also be required to dismiss Mr. Trump’s lawsuit.

    ...

    Trump Mar-a-Lago special master struck down by appeals court
    .
    A federal appeals court panel on Thursday halted an outside review of thousands of documents seized from former president Donald Trump’s Florida residence, ruling that a lower court judge was wrong to appoint an expert to decide whether any of the material should be shielded from criminal investigators.

    Trump sought the outside arbiter, known as a special master, after the FBI executed a court-approved search of Mar-a-Lago, his home and private club, on Aug. 8, retrieving more than 13,000 documents related to Trump’s time in the White House. About 100 of the documents were classified, and some contained extremely sensitive government secrets, according to court records.

    The appeals court decision was an emphatic win for the Justice Department, and the latest legal loss for Trump, who has gone to court multiple times to try to stop the government from getting access to records or personal information. Just last week, the Supreme Court denied the former president’s request to block a congressional committee from receiving copies of six years of his tax returns, clearing the way for them to be handed over to lawmakers.

    Thursday’s unanimous ruling, which Trump may appeal to the Supreme Court, means criminal investigators can again access the unclassified documents that were recovered in the search. The Justice Department has said those materials may be important in their probe of the possible mishandling of classified documents, obstruction and destruction of government property at Mar-a-Lago.

    ...

    Technically, the decision can be appealed to the Supreme Court, which has already refused to consider previous appeals in the case. But considering the vicious rendering of the Cannon order in the 11th Circuit decision, there's no real chance they'll issue a stay on their own.

    So come next Thursday, the special master appointed by Cannon becomes no more than a highly amusing footnote in history.

  • #2
    Originally posted by Juvenal View Post

    So come next Thursday, the special master appointed by Cannon becomes no more than a highly amusing footnote in history.
    Unless something radical happens like, you know, Trump appeals.

    I'm always still in trouble again

    "You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
    "Overall I would rate the withdrawal from Afghanistan as by far the best thing Biden's done" --Starlight
    "Of course, human life begins at fertilization that’s not the argument." --Tassman

    Comment


    • #3
      Federalist Society Hack Judge Aileen Cannon, a name that will live in infamy …
      “I think God, in creating man, somewhat overestimated his ability.” ― Oscar Wilde
      “And if there were a God, I think it very unlikely that He would have such an uneasy vanity as to be offended by those who doubt His existence” ― Bertrand Russell
      “not all there” - you know who you are

      Comment


      • #4
        Originally posted by firstfloor View Post
        Federalist Society Hack Judge Aileen Cannon, a name that will live in infamy …
        That's fair in the sense that she was selected for the bench because she was a member. But by the time she was selected, because they'd been given exclusive nomination rights, the Federalist Society was down to the barrel dregs in its nominees, to the point where merely being a member was enough to secure a nomination.

        Comment


        • #5
          It's going to get so complicated, no one is going to understand it. Has any other investigation in history ever got this complex?

          Comment


          • #6
            Mentioned that last week in the original thread, but nobody seemed to pick up on it.

            Originally posted by Mountain Man View Post
            Latest twist:
            The 11th Circuit Court of Appeals having previously ruled the special master cannot review classified documents, also ruled today against the special master having any involvement in the filtering of seized documents from Mar-a-Lago. [Ruling Here]

            Previously, the lower court appointed a special master to review the seized documents and ensure no privileged material was exploited by the DOJ. However, the appellate court determined the DOJ can independently define a national security interest and classify documents with no legal basis for challenge, therefore the special master cannot filter classified documents.

            Today the appeals court essentially said if the search warrant was legally predicated and legally valid, and if the search warrant was used legally, then all the seized documents are valid for the investigative purposes of the DOJ – regardless of their content. The only way to fight the authority of the DOJ seizure is to challenge the legality of the search warrant. However, here’s where things get weird.

            President Trump’s lawyers have been: (1) blocked from receiving a non-redacted search warrant; (2) denied access to the underlying probable cause affidavit used to predicate the search warrant, and (3) denied the full contents of the documents that were seized as part of the warrant (they are not allowed to see). Yet somewhere in this convoluted mess, we are supposed to believe a 4th amendment violation doesn’t exist.

            [...]

            How is President Trump supposed to challenge the legality of the seizure if the DOJ isn’t required to produce the legal basis for the warrant?

            https://theconservativetreehouse.com...onal-security/

            It has to be asked, if the DOJ and FBI have nothing to hide, then why are they acting like they have something to hide?


            Some may call me foolish, and some may call me odd
            But I'd rather be a fool in the eyes of man
            Than a fool in the eyes of God


            From "Fools Gold" by Petra

            Comment


            • #7
              Originally posted by Mountain Man View Post
              Mentioned that last week in the original thread, but nobody seemed to pick up on it.

              If you had listened to Andrew Torrez you would not be so confused.

              “I think God, in creating man, somewhat overestimated his ability.” ― Oscar Wilde
              “And if there were a God, I think it very unlikely that He would have such an uneasy vanity as to be offended by those who doubt His existence” ― Bertrand Russell
              “not all there” - you know who you are

              Comment


              • #8
                Originally posted by rogue06 View Post
                Unless something radical happens like, you know, Trump appeals.
                Given the SCOTUS response to Trump's requests wrt this case, I doubt an appeal will be fruitful.
                "When you're attacking FBI agents because you're under criminal investigation, you're losing"
                -Trump Press Secretary, Sarah Huckabee Sanders


                "So when you actually get the virus, you're going to start producing antibodies against multiple pieces of the virus. So, your antibodies are probably better at that point than the vaccination."
                - Pfizer Scientist Chris Croce

                Comment


                • #9
                  Originally posted by dirtfloor View Post

                  If you had listened to Andrew Torrez you would not be so confused.
                  I'm not confused, and I have no idea who Andrew Torrez is. Did he explain why the DOJ is not being forced to turn over a non-redacted search warrant, affidavit, and full declaration of exactly what was stolen seized by FBI agents during the raid? What guarantees do we have that the DOJ and FBI did not violate the Constitution and the Fourth Amendment when they are shielded by judicial corruption from having to show their work?
                  Some may call me foolish, and some may call me odd
                  But I'd rather be a fool in the eyes of man
                  Than a fool in the eyes of God


                  From "Fools Gold" by Petra

                  Comment


                  • #10
                    Originally posted by Juvenal View Post
                    11th Circuit Vacates Cannon’s Order to Appoint a Special Master in Mar-a-lago Investigation
                    .
                    On Dec. 1, in a unanimous per curiam decision, the U.S. Court of Appeals for the 11th Circuit ruled to reverse an order issued by U.S. District Judge Aileen Cannon to appoint a special master to oversee the review of classified documents seized from former President Donald Trump’s Mar-a-lago residence on Aug. 8.

                    The 11th Circuit found that Cannon “improperly exercised equitable jurisdiction” in hearing the case and that the entire proceeding should be dismissed. Notably, the court also found that regardless of the status of a document in question (personal or presidential), the government maintains the authority to seize it under a warrant supported by probable cause.

                    The panel wrote, “The law is clear. We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so.”

                    You can read the opinion here or below:


                    Appeals Court Scraps Special Master Review in Trump Documents Case
                    .
                    WASHINGTON — A federal appeals court on Thursday removed a major obstacle to the criminal investigation into former President Donald J. Trump’s hoarding of government documents, ending an outside review of thousands of records the F.B.I. seized from his home and freeing the Justice Department to use them in its inquiry.

                    In a unanimous but unsigned 21-page ruling, a three-member panel of the U.S. Court of Appeals for the 11th Circuit in Atlanta shut down a lawsuit brought by Mr. Trump that has, for nearly three months, slowed the inquiry into whether he illegally kept national security records at his Mar-a-Lago residence and obstructed the government’s efforts to retrieve them.

                    The appeals court was sharply critical of the decision in September by Judge Aileen M. Cannon, a Trump appointee who sits in the Southern District of Florida, to intervene in the case. The court said Judge Cannon never had legitimate jurisdiction to order the review or bar investigators from using the files, and that there was no justification for treating Mr. Trump differently from any other target of a search warrant.

                    “It is indeed extraordinary for a warrant to be executed at the home of a former president — but not in a way that affects our legal analysis or otherwise gives the judiciary license to interfere in an ongoing investigation,” the court wrote.

                    Limits on when courts can interfere with a criminal investigation “apply no matter who the government is investigating,” it added. “To create a special exception here would defy our nation’s foundational principle that our law applies ‘to all, without regard to numbers, wealth or rank.’”

                    Appeals Court Ruling
                    Read the opinion overturning the order imposing a special master.

                    The panel’s ruling is set to take effect next Thursday. If there is no stay for an appeal before then, the review by the independent arbiter, or special master — Raymond J. Dearie, a judge who sits in the Eastern District of New York — would abruptly end. At that point, Judge Cannon would also be required to dismiss Mr. Trump’s lawsuit.

                    ...

                    Trump Mar-a-Lago special master struck down by appeals court
                    .
                    A federal appeals court panel on Thursday halted an outside review of thousands of documents seized from former president Donald Trump’s Florida residence, ruling that a lower court judge was wrong to appoint an expert to decide whether any of the material should be shielded from criminal investigators.

                    Trump sought the outside arbiter, known as a special master, after the FBI executed a court-approved search of Mar-a-Lago, his home and private club, on Aug. 8, retrieving more than 13,000 documents related to Trump’s time in the White House. About 100 of the documents were classified, and some contained extremely sensitive government secrets, according to court records.

                    The appeals court decision was an emphatic win for the Justice Department, and the latest legal loss for Trump, who has gone to court multiple times to try to stop the government from getting access to records or personal information. Just last week, the Supreme Court denied the former president’s request to block a congressional committee from receiving copies of six years of his tax returns, clearing the way for them to be handed over to lawmakers.

                    Thursday’s unanimous ruling, which Trump may appeal to the Supreme Court, means criminal investigators can again access the unclassified documents that were recovered in the search. The Justice Department has said those materials may be important in their probe of the possible mishandling of classified documents, obstruction and destruction of government property at Mar-a-Lago.

                    ...

                    Technically, the decision can be appealed to the Supreme Court, which has already refused to consider previous appeals in the case. But considering the vicious rendering of the Cannon order in the 11th Circuit decision, there's no real chance they'll issue a stay on their own.

                    So come next Thursday, the special master appointed by Cannon becomes no more than a highly amusing footnote in history.
                    Interesting - 2 of the 3 judges on the Appeals Court panel are Trump appointees.

                    https://www.politico.com/news/2022/0...aster-00058176


                    Two of the three judges on the panel, Andrew Brasher and Britt Grant, were appointed to the court by Trump. The third, Robin Rosenbaum, was appointed by President Barack Obama. In the unanimous decision, the judges declared it “self-evident” that the public interest favored allowing the Justice Department to determine whether any of the records were improperly disclosed, risking national security damage.

                    “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,” the appeals court wrote in an opinion that listed no individual judge as the author.

                    While Cannon speculated in her ruling that allowing investigators continued access to the documents could result in leaks of their contents, the appeals panel brushed aside that concern.

                    “Permitting the United States to retain the documents does not suggest that they will be released; indeed, a purpose of the United States’s efforts in investigating the recovered classified documents is to limit unauthorized disclosure of the information they contain,” the appeals judges wrote. “Not only that, but any authorized official who makes an improper disclosure risks her own criminal liability.”
                    "When you're attacking FBI agents because you're under criminal investigation, you're losing"
                    -Trump Press Secretary, Sarah Huckabee Sanders


                    "So when you actually get the virus, you're going to start producing antibodies against multiple pieces of the virus. So, your antibodies are probably better at that point than the vaccination."
                    - Pfizer Scientist Chris Croce

                    Comment


                    • #11
                      Originally posted by Mountain Man View Post

                      I'm not confused, and I have no idea who Andrew Torrez is. Did he explain why the DOJ is not being forced to turn over a non-redacted search warrant, affidavit, and full declaration of exactly what was stolen seized by FBI agents during the raid? What guarantees do we have that the DOJ and FBI did not violate the Constitution and the Fourth Amendment when they are shielded by judicial corruption from having to show their work?
                      Donald Trump appoints corrupt judges?
                      "When you're attacking FBI agents because you're under criminal investigation, you're losing"
                      -Trump Press Secretary, Sarah Huckabee Sanders


                      "So when you actually get the virus, you're going to start producing antibodies against multiple pieces of the virus. So, your antibodies are probably better at that point than the vaccination."
                      - Pfizer Scientist Chris Croce

                      Comment


                      • #12
                        Originally posted by Gondwanaland View Post

                        Given the SCOTUS response to Trump's requests wrt this case, I doubt an appeal will be fruitful.
                        Quite possible, but each case is different.

                        I'm always still in trouble again

                        "You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
                        "Overall I would rate the withdrawal from Afghanistan as by far the best thing Biden's done" --Starlight
                        "Of course, human life begins at fertilization that’s not the argument." --Tassman

                        Comment


                        • #13
                          Originally posted by rogue06 View Post
                          Quite possible, but each case is different.
                          This is literally the same case. More, the first decision by the 11th that granted a stay — allowing the documents marked confidential to be released to DOJ — included a full road map on the reasoning why Cannon lacked jurisdiction to interfere. It was scathing, never seen anything like it. And when that was appealed to the Supreme Court, they got dumped to the curb in a 30-word announcement.

                          There is zero possibility this will be reversed.

                          Comment


                          • #14
                            Originally posted by rogue06 View Post
                            Quite possible, but each case is different.
                            But this isn't really a different case. It's the same case that SCOTUS kicked back down to lower courts already. They already showed they weren't interested in helping him get a special master in place.

                            I could see maybe Clarence Thomas humoring Trump, but then likely only because his wife is one of the Trump Cultist Faithful.
                            "When you're attacking FBI agents because you're under criminal investigation, you're losing"
                            -Trump Press Secretary, Sarah Huckabee Sanders


                            "So when you actually get the virus, you're going to start producing antibodies against multiple pieces of the virus. So, your antibodies are probably better at that point than the vaccination."
                            - Pfizer Scientist Chris Croce

                            Comment


                            • #15
                              Originally posted by Gondwanaland View Post

                              Donald Trump appoints corrupt judges?
                              Let's just put it this:

                              Trump doesn't always pick the best people despite his claims.
                              Some may call me foolish, and some may call me odd
                              But I'd rather be a fool in the eyes of man
                              Than a fool in the eyes of God


                              From "Fools Gold" by Petra

                              Comment

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