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

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  • firstfloor
    replied
    Federalist Society Hack Judge Aileen Cannon, a name that will live in infamy …

    Leave a comment:


  • rogue06
    replied
    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.

    Leave a comment:


  • 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.

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