27 Burst results for "Judge Cannon"
"judge cannon" Discussed on Stephanie Miller's Happy Hour Podcast
"A sunrise justice. Yeah, and that was almost premature jingle there. That kind of hurt. Sorry. Yeah, no. I think things are looking up. Objectively, things are looking up with the 11th circuit with Trump's former high White House lawyers being ordered back into the grand jury to tell the whole truth about Trump and on and on. It's just kept coming for Trump this week. Yeah. It's a beautiful thing. Well, I mean, as you were saying back when this happened, this was just so improper in the first place. They obviously went judge shopping for judge cannon, which she did was completely improper, but I think as you told us at the time, it just caused the delay that he was hoping for, but that's over now, right? It is over. And you know, it's a really important opinion. I would urge everybody to read at least pages 20 and 21, three paragraphs, because as I said on Lawrence O'Donnell's show last night, that is about as close as you get to rule of law, poetry. It was so good. And let me say I was on the panel with my friends Joyce Vance and barb mcquaid. So you know I kind of dragged down the IQ of the panel. But I have to quote what my friend Joyce Vance said, she said that the 11th circuit Court of Appeals opinion was so scorched earth that basically they bench slapped judge cannon. Yeah. And that was a perfect way to put it. You know, and what the opinion said, Steph, is that, listen, if the FBI and the DoJ lawfully obtain a search warrant, lawfully conduct the search and lawfully seize evidence of crime from Donald Trump's home, a federal judge has no right to interfere in that investigation. That is some scorched earth language because what the court announced is that judge cannon interfered with a federal investigation that has national security implications. I think she's in trouble. I think she's going to have ethics complaints filed against her for that. I was going to ask you that. Yeah, Tristan Snell are your colleague, our friend said Trump loses bigly 11th circuit court rules judge Canada was incorrect eliminates her ruling orders case be dismissed special master gone all restrictions on DoJ use of recovered Mar-a-Lago documents gone massive DoJ win, great day for democracy and the rule of law. Chris asked you before the break. Does this speed things up now for Jack Smith? I don't know if it's speeds yet. I don't know if it speeds things up as much as it clears the decks. There are no longer impediments or rules that he has to go by when he's considering what evidence do I need to investigate what evidence can I use to indict? Donald Trump all of that under brush has been cleared away. So I think Jack Smith is full speed ahead. Yeah. Well, this was so this was two for more than two months, the review had hindered the criminal inquiry, which is what, like you were saying, it's exactly what Donald Trump's done his whole life. It's what it was designed to do. Just delayed to delay. Yeah, and here's the good news. DoJ has so much to investigate regarding Donald Trump's crimes, that even if they had to set this to the side momentarily while they work through this ridiculous order by Trump appointed judge cannon. I don't think it really derailed them or slowed them down because they had plenty to work on. Yeah.
Glenn Kirschner: The 11th Circuit Court of Appeals Opinion Is 'Poetry'
"You said justice is coming this morning. It's a sunrise justice. Yeah, and that was almost premature jingle there. That kind of hurt. Sorry. Yeah, no. I think things are looking up. Objectively, things are looking up with the 11th circuit with Trump's former high White House lawyers being ordered back into the grand jury to tell the whole truth about Trump and on and on. It's just kept coming for Trump this week. Yeah. It's a beautiful thing. Well, I mean, as you were saying back when this happened, this was just so improper in the first place. They obviously went judge shopping for judge cannon, which she did was completely improper, but I think as you told us at the time, it just caused the delay that he was hoping for, but that's over now, right? It is over. And you know, it's a really important opinion. I would urge everybody to read at least pages 20 and 21, three paragraphs, because as I said on Lawrence O'Donnell's show last night, that is about as close as you get to rule of law, poetry. It was so good. And let me say I was on the panel with my friends Joyce Vance and barb mcquaid. So you know I kind of dragged down the IQ of the panel. But I have to quote what my friend Joyce Vance said, she said that the 11th circuit Court of Appeals opinion was so scorched earth that basically they bench slapped judge cannon. Yeah. And that was a perfect way to put it.
"judge cannon" Discussed on Opening Arguments
"And so, you know, she's been reined in to that extent and is public shaming working. You know, I don't know. So the last part, who knows? The last part of the argument I love this, the government has already recognized the public's clear and powerful interest in understanding what occurred in the search at Mar-a-Lago, which weighs heavily in favor of unsealing as much as possible. Trump's pending motion confirms that he does not assert a privacy or reputational interest in keeping the affidavit underseal, right? And then they say, take a look at his pleading on page 7 and 9, which we're going to go back to and kind of summarize quickly. So for these reasons and those stated in their prior motions to unseal the affidavit, the news media respectfully requests that the court grant public access to the affidavit to the same extent that it grants access to Trump and I just love that. Again, would it stop a judge canon if she hadn't been smacked down repeatedly at the 11th? No, it wouldn't. But might it stop her here? I don't know. It might. I referred to pages 7 through 9 of their brief. That is section two, which is titled no compelling interest justifies withholding the affidavit from the plaintiff. And so in going through and making that argument, it says the government has to show a compelling interest in keeping portions of the affidavit redacted, plaintiff recognizes a general interest in limiting the public disclosure of facts that might interfere with an investigation. However, general concerns regarding secrecy are insufficient for the government to meet its burden here where the attorney general has held a press conference about the investigation and where the government has engaged in a continuous pattern of leaks. This case requires a case by case balancing of the interest in disclosure against the government's need for continued secrecy. So in other words, by framing the argument in the context of, oh, the DoJ is leaking this in a selective way, right? The media was like, okay, right. So what you're saying is let's balance that out. If they've been publicly leaked in way in this slanted way, then the way to correct that is to publicly expose everything. And so lines like the entire matter has played out in the media overwhelmingly because of the government's leaks. By the way, not true at all. Yeah. And you originally said, when we first covered this, I'm pretty sure you said that if Trump or Trump people or Trump lawyers or whoever hadn't said anything, we wouldn't know about this. Yep. Right. Because Merrick Garland said the DoJ speaks through its court filings, they would have done this quietly, because, you know, in the interest of justice, maybe they did do this quote unquote raid and they find nothing. They don't advertise that because they're not James Comey. Yeah. And it's only because of Trump team or Trump himself or whoever, broadcasting this that we even know about it. Absolutely right. That is a 100% correct. And I love and I believe you made the same point last time, which is, you know, you and I have zero sympathy for Donald Trump, but nor does any right thinking person. But those principles are designed to protect individual would be defendants, right? As of right now, Donald Trump has not been charged with any crime. And if he were Thomas Smith, you would say like, yeah, lots of people wind up being the subject of search warrants who are never charged with a crime. And so one of the major reasons why we don't broadcast that is because we don't want to tag you as you're a criminal. If in fact, it turns out that you're not. Now, you know, I feel very confident calling Donald Trump a criminal. But yeah, those principles do apply. So much more to talk about including and you really want to do a victory dance for team Merrick Garland, the convictions of Stuart rose. Kelly megs, the oath keepers for seditious conspiracy. But I guess that's going to have to wait for her Monday episode. If only we had more episodes on which to do it. Oh wait, we do. There's more. All right, well, I am really looking forward to that victory lamp. I'll start warming up, getting loose for the dance that we're going to do on that limber up my friend. And Andrew, even though our new format makes us quite responsive, we're even more responsive because post recording, there's a major headline, major breaking news, and I'm getting it in today's episode. That's right, I'm doing it. What happened? Breaking news. Yeah, so the opinion we were waiting for from the 11th circuit has now come in. It is a per curium that is unsigned three O opinion from the 11th circuit that effectively ends the case just as we predicted. So procedurally what happens is that this order vacates the lower court's order judge cannon, federalist society, weirdos, order, establishing appointing a special master, that order has been vacated, so hopefully judge deary got paid. But he's done. He goes home and remands the case back down to judge cannon with instructions to dismiss the case for lack of jurisdiction. So that's good news. It's great news. It is exactly what we thought. Yeah. Well, I was just a little confused 'cause I thought she was going back on the special master thing, so I thought that was like what she wanted. But I guess if you're saying, yeah, okay, get rid of the special masters because this whole thing is effing nonsense, then that's a different answer, right? That is correct. And if you're wondering, you know, usually you have to delve into the meat. This is a 21 page order. Usually you've got a delve into the law to kind of figure out, okay, how big of a SmackDown is this? Sometimes they do you the favor of the opening paragraph. This appeal requires us that is the 11th circuit to consider whether the district court had jurisdiction to block the United States from using lawfully seized records in a criminal investigation. The answer is no. Really? That they go through and they talk about the anomalous jurisdiction. And again, this is the introduction to the opinion. This is as big a how the hell could you have done this judge canon you idiot as I have ever seen. The conclusion of the introductory section, in considering these arguments for anomalous jurisdiction, we are faced with a choice, apply our usual test, dramatically expand the availability of equitable
"judge cannon" Discussed on Opening Arguments
"They've cited cases like a case in the southern district called Bennett versus United States, which says the common law, the First Amendment, and as recognized by some courts, the Fourth Amendment may all afford the public a right of access to court proceedings and judicial records. And then they go there specifically, the Fourth Amendment may grant a right of access to pre indictment warrant affidavits, plaintiff can not vindicate his constitutional rights unless he is permitted to review the search warrant affidavit. So the media interveners looked at that and said, oh hey, good point. The entirety of that sounds like Trump's argument. Yeah. So here's what it says, beginning of page two. Trump's motion relies in large part on the First Amendment and common law rights of access to judicial records. Of course, those rights belong to the general public not to any individual, then here's an 11th circuit citation, recognizing that the media acts as an advocate for the public in seeking access to judicial proceedings. Therefore, if this court unseals any additional portions of the affidavit, the news media seek access to those portions of the affidavit as well. Is that a bad sign legally Andrew when you make a point in your brief or whatever and your argument and then the other side is like, oh yeah, great point. We love that. It's not a great sign, is it? It's not what he said. And what it really does is it puts judge cannon and again, she's been happy to be in a ridiculously untenable box and just give Donald Trump what she wants. But if you are optimistic about the future of the rule of law in this country, you might take some solace from the fact that her would be colleagues on the 11th circuit have so roundly slapped her down that at least she could jump in and immediately grant the relief here or and I was going to do this as a separate story, but I think it could just do this as an aside. Judge deery, the special magistrate issued an order that we talked about that said, okay, I'm going to cancel oral argument in this case. And there's no need for the parties to come to buffalo. I just want you to answer a couple of questions about categorization undocuments. So submit those electronically by December the second. This could have been an email kind of thing. Yeah, it's exactly this meeting could have been an email. God, if I were a judge, I might do this for everything. I know this is a Supreme Court case about the future of everything in America, but could you just type it out and just give it to me, I don't feel like sitting through this meeting. Look, that is a thing that district court judge, especially special magistrate judges, did all the time even pre COVID, right? You schedule oral argument as a court when you as the judge are thinking about a disputed position of law, and in particular, when you're thinking like, okay, well I'm probably like 80 20 on this side or 90 ten or 95 to 5, right? But I want the other side to be able to give me sort of their day in court. Not just their day in court, but specifically to answer the questions that I have, because I think this case implies X and is controlling. So counsel, why isn't this controlling? That's a good if you're a judge, you want that answer because it gives you on the off chance that you haven't thought about the implication of it or haven't realized it. Maybe you changed your mind. But really what it does is it tells you, okay, yeah, the way I'm planning to go in this case makes it makes totals. I've done everything I can to button it up and my interpretation of the law is correct. And it's why I've said that I don't think that oral arguments are nearly as important as the brief writing part. You don't need oral argument when the question is, hey, is this a document that you think is subject to attorney client privilege? Yes or no. It's a yes or no. Just fill out the spreadsheet. So I interpret that, hey, you know, we're going to cancel oral arguments as maybe judge deary thinking that his time has special master maybe about to come to an end. Even if you don't think that that's the case, it is interesting that what precipitated the immediate appeal to the 11th circuit in the first place was judge Derry wrote an order and then judge cannon came in before anybody had a chance to say anything about it and was like, oh, I'm totally rewriting that order in favor of Donald Trump, right? That was the initial discovery that we spent an hour and a half. I recorded from a villa in Tuscany breaking down exactly how glorious that discovery order was and how it was going to screw Donald Trump and upon completion of that 90 minute recording. You were like, oh hey, there's an additional some news. Yeah, some news came out and that got a lot of us on law who do public law explaining at least at least. And that's just a testament to how terrible this judge is, right? I mean, just truly beneath any already very low expectations. Just absolutely through the floorboards. Yep.
"judge cannon" Discussed on Opening Arguments
"To exclude social hospitality based on personal relationships, as well as modest items such as food and refreshments, offered as a matter of such hospitality. So you can whine and dine the justices all you want. Here's what this means and justice Sotomayor if you're listening and we know you are. You could come to a weekly Friends of opening arguments dinner. Hang out, chat with us, we could give you the best scotch we could find or whatever you drink. And you know, get you good and drunk, would not be an ethics violation because opening arguments media LLC does not presently have any interest. We're not doing any business before the court. We haven't appeared in any cases. Our business is not quote substantially affected by the what an unbelievably ridiculous. Well, yeah, plus the putting it in financial terms too. Oh, I don't have a financial interest in screwing over LGBT people and or I was doing that for you. Yeah, that's exactly right. That's just my hobby. I don't have any money on it. Look, this accurately states the ethics rules and I think the response is, okay, well then we need to change the ethics rules. Yeah, no kidding. But yeah, so that's where you stand. I think the inference that it is almost certainly Samuel Alito that released the draft of his own opinion would simplify the process of, hey, how'd you get this opinion? And would be consistent with past practice. Look, we're all trying to find out who did this, okay? So, yep, that's the Alito and the hot dog suit. We're all trying to find the guy to do this. And it makes it even funnier or more hypocritical to think about that language where he was like, this person who leaked this was taking us killed, we're almost died because they leaked his opinion. It's like, oh, it was you, dude. It seems like it was you. You did it. SMS text, 9 32 p.m.. Hey, man. I'm not home yet. Grabbing a quick drink with my lady friend. LOL. But just wait for me there, dude. The spare key is under the big gray planter by the garage. These. When you send messages on SMS, someone else could be reading them. With end to end encryption, WhatsApp ensures that your personal messages are your personal messages. WhatsApp, always message privately. So let's talk about Nara Lago updates. The gift that keeps on giving. We are still waiting on a ruling from the 11th circuit with respect to the overall question that we discussed one week ago today on opening arguments, right? The oral argument at which Donald Trump's lawyers got destroyed by the very conservative three Republican judge appointed panel, including the chief judge of Reagan Sarkozy. It was like a Star Wars esque force ghost thing and the most conservative it could be. And even they were like, this judge cannon is just an idiot. This is so bad. And I had predicted that the ruling would come out on Friday, sort of despite Thanksgiving when it stretched over into this week. I was like, all right, well, you know, a little bit of a food coma or something. The fact that as we record this on Thursday in the afternoon that we have not yet gotten a ruling from the 11th circuit, a little bit befuddled by that. I don't think there's any risk that Trump is going to win, and that leaves active two motions now that are pending before judge cannon. And we've referenced one of them already. That was on the 22nd. So a week ago Wednesday, Trump threw his lawyers, went back to the same well. Said, I want it is a motion to unseal affidavit. And again, as we told you that motion is basically, hey, I want this court to revisit the ruling that magistrate judge Reinhardt already made requiring the DoJ to release part of the affidavit and now I want the whole thing. It is completely improper. I was somewhat surprised that the DoJ didn't actually raise this as a reason for needing relief from the 11th circuit. Although, again, hard to second guess the DoJ's oral argument when the 11th circuit was essentially like dunking the basketball for you. When the court wants to run wild with your position, you stand back and let them do it. So no criticism of so pan Joshi and his oral argument. But this was sort of pending. And then a couple of days ago, I think this is really, really interesting as to how this might play out. Before the same pro Trump lunatic judge cannon, the various media party who have intervened in this case to get a copy of the redacted search warrant, filed a joint motion for access. And they say, this was filed on the 30th, right? So yesterday, as when we're recording this, and it says the news media file this motion in response to Trump's motion for last week requesting that the court order the government to provide him with an unredacted version of the affidavit underlying the search warrant. And what's the reason that he has that right, Andrew? Oh, is it nothing? It's absolutely nothing. Okay. Cool. And to the extent that they've tried to bootstrap and this is what I was about to get to, tried to bootstrap actual authority in with sort of their, hey, judge cannon, do what you want.
"judge cannon" Discussed on Opening Arguments
"This is they are part of the extreme wing of an extreme right-wing party. They cast a vote against the respect for marriage act. Marco Rubio, like he doesn't because he doesn't do anything. So he showed up. Showed up. Wow. In a lame duck. Do you have like the typical like in the movies when somebody's got the sunscreen, you know, that's still white on his face. The fishing get up or something, and he's like, I hate gay people so much, I showed up for this one here and then I gotta get back to my boat or whatever he does. I don't know what he does. I don't know what he does either. I do not understand why the state of Florida keeps returning him to a job that he has such disdain for doing, but you know, grape job Florida residents. Anyway, so as we talked about the importance of codifying as a matter of federal law, the respect for marriage across state lines. Legal eagles legal beagle wrote in and directed me to 42 USC section four 16 H, which is the section of determination of family status. And so this is pre the respect for marriage act, how the law worked. And the important thing to consider in the background is there are relationships that are short of marriage in the law right now. Like, say, one between two podcast co hosts. Right. Indeed. There are common law marriages, domestic partnerships, and so some of the things that happen is you have disputes after a surviving spouse right after their spouse dies as to whether they're entitled to social security benefits. So that section four 16 H provides the definition and it's weird, okay? It says, an applicant is the surviving spouse of a fully or currently insured individual for purposes of the sub chapter if the courts of the state in which the injured person is domiciled at the time of death, or if such insured individual is or was not so domiciled in any state. The courts of the District of Columbia would find that such applicant and such insured individual were validly married at the time that they died. And if you're thinking, okay, so it depends on where you die. If you die on vacation or on the plane, it does. Really? That's what that I didn't parse it that way. Okay, so you do lifelong you live in a certain state that recognizes gay marriage or something. And you happened for some reason you went to a really, you had to maybe a family member passed away in a conservative state that you left. And then you die there in a car accident. You're just screwed in terms of survival. And again, remember right now, marriage applies to everyone. You know, the Supreme Court is not overturned over birch of false. Okay. So it could be a different, not an issue now, but would be an issue if this Supreme Court, which is itching to overturn a burger film, overturns obergefell, right? So legal beagle says, consider John and Jane are in a relationship that may or may not be considered a valid marriage depending on jurisdiction. Yeah. John, the insured individual dies while he is domiciled in California. We use California law to determine if he's legally married to Jane, the applicant. If he dies while domiciled abroad, we use D.C. law. There's also precedent that Native American nations have the same authority as states in this regard. Interesting. So as you can imagine, write that question and we need to amend the my immediately prior statement. That question of being domiciled. It's not the question of where you happen to be. It's where you're living. So let's say darn, because I had just came up with a really good new weekend at Bernie's idea, where we have to get a guy to a Native American reservation, but he's dead, but they're like, oh no, this is just our vacation. You know, you have to pretend the whole time and then pretend he died there in order to get the survivorship benefits or whatever. Man. Okay, but we don't have to do that. I love it. But maybe we weekend if Bernie's him buying a house in a better state. The whole kicking out of house dealing with the mortgage people and everything and he's just dead the whole time, but you know, you have to, yeah, okay. I love it. I love it. Rather than go through that process, the respect for marriage act now requires the federal government to acknowledge a marriage based on the validity in the state where the marriage took place, not where you happen to be. Living at the time you die. It makes a lot more sense to me. Of course it does. And so, you know, whether you did something like a NOAA, you know, moving to a deep Georgia's rapidly bluefin, but a deep red area to take care of sick loved ones or whether you know you've weren't thinking about politics when you decided to retire to Florida or something. You know, yeah, we're not going to take that away from you on the basis of where you happened to live at the end of your life. We're going to decide on the basis of where you made your marriage decision.
"judge cannon" Discussed on Stephanie Miller's Happy Hour Podcast
"Yeah, I mean, you also said, apparently, it's now legal to go on TV and social media and say the government planted evidence and that you declassified documents with your mind and a judge will just accept that it's truth without requiring evidence and arguments in court. You just said, way to go, judge, quote unquote, canon. So what's going to happen here is he just achieved the delay that he is always looking for or what's going to happen with judge cannon in the 11th circuit. Look, what you can, you know, the first rule of being a defendant and Trump definitely follows this, but it's true for a lot of cases, is that you try to delay what you can not defeat. So at the very least you're going to try to delay delay delay delay and just push off the inevitable. Because the longer that you stretch a case out, you know, what you hope is that witnesses are not as crisp with their memories that the whole case just fades more into the distance. Something else happens and that you just eventually get the plaintiff to give up. It's sort of the advanced version of giving somebody the run around and a customer service setting. So any kind of delay, even if only temporary is something that he definitely was trying to get and that he did, it looks like to at least some degree he achieved that. You know, where is this going to go? I think the 11th circuit bit by bit is going to come in and correct this. I think is where we're probably headed here. It was interesting that the panel. So the way that these things work is that you end up with, we talk about it being like, oh, the 11th circuit said what you actually get most of the time when a circuit court weighs in on something as you get three judges chosen at random from the something like ten to 15 judges that sit on that circuit or the 50 if it's the 9th circuit because it's so big.
Glenn Kirschner: Charge Trump in Federal District Court in DC
"Just wanted to get finally your take on in the piece that says the DoJ has the number of options short of carrying out another search warrant. One would be to file a motion in the ongoing court fight over the documents seeking either return of the documents or a statement under oath from Trump that he has returned all the documents one expert said the goal is to get Trump on the record because he has a history of saying things out of court that he won't go on the record for. I mean, we know he's lying. So what are your what would be your prescription for what the DoJ should do now? Enough for the half steps enough of the slow walking enough of the civil litigation if we bring charges if we indict him in federal district court in Washington, D.C., which is where this case is properly brought, that's where venue would be had all of this other stuff melts away. Enough with trying to get certifications that he's turned everything over because all that would be doing Steph is building the criminal case. The evidence that he continues to lie. We already have enough evidence to charge him a thousand times over. Let's move out all the civil litigation nonsense and judge cannon and the rest of it. And charge him in federal district court in D.C..
"judge cannon" Discussed on Opening Arguments
"Now, they could say we think this was improvidently granted, and then that would allow judge cannon, the flexibility to go back and stick it back in again. And I'm sure she would take advantage of it, but the Supreme Court acting alone can not reinstate judge cannon's initial order. Because she's superseded. Oh, wow. She's the sitting judge. It is really tough for the average person to keep track of how many levels of bullshit this is, Andrew. It's good. It reminder there. That's why that's why we do it. I agree with you that sort of hard to parse that out. It's why I feel reasonably confident despite the fact that I understand and appreciate that there are significant reasons to be nervous. I don't want to downplay that, but I do want to say that I think given everything that we've described that it would be very, very unlikely to have something that would substantially interfere with the DoJ's investigation. Again, remember, the DoJ continues to use these documents as we speak, unless and until a court delivers relief. They can continue to use it. Those investigations that additional aspect of the criminal process is ongoing right now and if you don't think that the prosecutors in connection with the FBI are working at warp speed knowing that Trump is trying to sabotage them from the outside and is aided and abetted by his cadre of weirdos on the bench. Then you don't know enough prosecutors. This episode is brought to you by bombas. I'm excited to talk to you about this because my wife has worn bombas socks since as long as I've known her, actually. So the long before bombas was a sponsor. This is a delightful stroke of fortune. If you don't know bombas, Bomba's mission is simple. Make the most comfortable clothes ever and match every item sold with an equal item donated, so when you buy bombas, you are also giving to someone in need. I think that's why Lydia loves them so much. She loves doing stuff like that. Because she's very kind and likes helping people. And
Judge Cannon Is Showing Her Compromised Colors Says Glenn Kirschner
"Jill wine banks tweeted outrageous. Yes, I know I'm shouting. I don't do it often but judge cannon is shocking. Why have a special master if you plan to run the review yourself, will the special master resign? I guess we should not still be shocked at something that unqualified Trump appointed judge will do. But give us your take on this. Yeah, if judge cannon is trying to prove to us that she's compromised, I think mission accomplished. You know, it really is pretty outrageous that she would appoint judge Gary, Donald Trump's pick as special master and judge deary said, okay, I'm going to need some things so I can conduct a sorrow professional informed review of the classified documents Donald Trump stole from the government. I'm going to need the Department of Justice to certify the accuracy of the inventory that, you know, the items that they seize from Mar-a-Lago and I'm going to need Donald Trump to do the same. And judge deary said, yeah, DoJ can certify the accuracy, but I'm not going to make Donald Trump do that, which is just, it's inexplicable, and I'm looking for ways to explain it other than judge Geary is not impartial is not competent and is in some way compromised.
"judge cannon" Discussed on WCPT 820
"The criminal investigation is moving forward. The criminal investigation into Donald Trump's potential crimes regarding the documents that were seized from Mar-a-Lago because at least the 11th circuit Court of Appeals said, hey, judge cannon, you're not very good at this judging thing. The criminal investigation will proceed. They reversed her. And it was a real rebuke. It was a SmackDown. So the criminal investigation moves forward. The intelligence community assessment of the national security damage Donald Trump has done to our nation moves forward all of this other stuff is really of secondary concern, but it does continue to kind of highlight the judge cannon is really just not qualified to be serving. Just your take on Roger Stone while we're at it saying that he confirmed that he recommended pardons for himself members of Congress and anyone else who came forward. During the election challenge, I mean, of course, their excuse is going to be, oh, because they're stealing it and blah, blah, blah, but I mean, isn't that a consciousness of guilt? All of these absolutely is, and the Supreme Court said that a pardon carries with it an imputation of guilt and accepting a pardon is at least some confession of guilt. So I have to believe Steph, that the Department of Justice has a draft indictment for conspiracy to commit crimes against the United States and that Roger Stone's name is on that indictment based on everything we know. What do you make of Ron Johnson's? Is it a Travis a 7 second treason rule? He said he was only involved for a few seconds in the passing fake electors to Mike Pence. Like being a little bit pregnant, you know? You've either done it or you haven't and Ron Johnson has done it. So again, will the Department of Justice happen appetite to go after ruling class criminals? They haven't shown that they're even a little hungry on that front. Let's hope they're looking at all of this. Yeah. By the way, my favorite tweet of yours of the week is you said as Steph said, she's letting me rest my arm after the D.C. sexy liberal for bringing me back out of the bullpen for the California show, looking forward to joining Stephanie Miller and grew at the Saban theater together with Adam Schiff and Rob Reiner for some unvarnished justice talk. That is October 22nd, sexy liberal dot com. You know what, my other favorite tweet about the new Bruce Springsteen music you said I will forever
"judge cannon" Discussed on WCPT 820
"They would. Do you think crystal ever draws up for anything? At least funny how bad you spend it to be on Jody. That's what make that funny. Do you have a she hulk for her? No. But that's the thing about spandex. It's not baggy on anyone. No? No. It would be on Jodi. You should see those things before I put them on. 'cause she weighs three pounds. You could fit into them. Okay, all right. All right, so we have, okay, you know what? Here's speaking of sexy liberal and fine Americans. Jill wine banks as we all know. Just in Chicago sexy liberal. Talk about Peters. Yeah. Stuff like that. She's a classy lady. She does not shout. No. You'll wine base is not a shouter. She tweeted. This would have been a great guess the quote. She tweeted, oh, sorry. It's too late now. She tweeted outrageous. Yes, I know I'm shouting. I don't do it often, but judge cannon is shocking. Why have a special master if you plan to run the review yourself? Well, the special master resign, and she was referring to the headline canon rules, Trump lawyers don't have to clarify claims on Mar-a-Lago documents. I know we're losing our capacity to be shocked. By Donald Trump getting away with it. This is the degree of hacked that hack unqualified judge. Okay. Possesses. Hacked a two to word. It works. Oh, Andrew weissman. Yeah. Said this from judge cannon's order initially appointing judge Jerry, clearly giving him discretion to verify the inventory, and she cited cases authorizing courts to engage in all needed back finding, which she now takes away from deary to help Trump. Yeah. It is. What do you extraordinary, unprecedented, shocking? I don't know what else to say. Okay. Because she's trying to save Donald Trump from himself. Yeah. Right? From them not having a defense lawyer. And that he didn't declassify anything correct. She's trying to save him from having to legally because that would be another layer of trouble. Admitting they lied. Yeah. Oh my God. I can't wait to talk to the person about this. Oh, God. I have a headache. Oh, the sky is better. Thank you, everybody, for asking. The site feels better. It doesn't look
"judge cannon" Discussed on Opening Arguments
"You don't want to press your luck, but I think that if judge, I've seen a lot of folks say judge cannon might come in and dismiss the special master and what would that be? I think if judge cannon oversteps at point a new one, go back and get Paul. So I wasn't thinking evil incompetent. I wasn't thinking dollar monkey judge enough. Yeah, I see what you're saying. Yeah, I think judge cannon knows there is this imminent kind of sort of damocles hanging over her head. If she tries to interfere anymore. So I'm going to make a and we're going to unpack this, but this is my bold prediction. I think within the next two weeks, Trump is likely to just drop this lawsuit in its entirety. Yeah. And I'll tell you why when we get to that bullet point. That could come as early as next Wednesday. October 5th. The bullet point? No, I'm just kidding. I mean dropping walking away going in. I didn't want to have special master anyway. I'm taking my special measurement going home. Yeah. Now I think the most likely outcome is still that the party's just play along the special master does his job, Trump maybe does or doesn't pay for it. I know I get on you for this a lot. You are saying Trump, but I mean, what are the odds against any effing idea what's really happening? Isn't it just his terrible attorneys? I think it is, but I think remember that some of his attorneys are terrible. Some of them are out of their debt cashing a check, right? Some are cashing a check, but some are, I think, so for example, Jim trusty has done a lot of these cases. One of the things that we said when he initially filed was that there was an element of being stupid like a fox in front of judge cannon that by filing something so incompetent, so deranged that they did not file supporting affidavits. Ordinarily, if you're not in front of a hack that gets you dismissed. If you are in front of a hack, they treat attorney argument as if it were evidence and you don't have to sign an affidavit that could potentially come back and hurt you when you are under criminal investigation. And that specific issue is something that is now in jeopardy in light of special master theory's order. So we're going to get to that actually. It is the very next bullet point. So that's in the background after the partial stay was granted by the 11th circuit judge cannon modified her order and excluded the reference to classified materials, did some other stuff. It's not particularly important if you have my show notes. You'll get a chance to look at all of that, but we're going to move over in the interest of actually completing our discussion. September 23rd, one week ago, judge deary issued his first case management order. This should not have been controversial. But of course, it is because Donald Trump is not playing by the rules. The case management order did four things. The first thing it did was require verification of the detailed property inventory, which was document number 39 one. We have uploaded that multiple times, including most recently it was one of the exhibits to the motion to stay in the 11th circuit. That's the listing of the 33 boxes that the DoJ carted out of Mar-a-Lago. Listed detailed breakdowns of this box contained 78 classified documents and two empty folders that were marked classified and 59 pictures and a ham sandwich and some passports and stuff like that. That response was due on Monday from the DoJ. It's now in, and I have reviewed it, and the DoJ describes this as this resulted in some minor revisions to our inventory. And noted correctly that the previous inventory was something they had to complete in one day. Yeah, because judge cannon remember she granted the relief over the weekend, even before the DoJ had been served. I mean, it was just ridiculous. So they had to put all this stuff together in one day. That's a lot of treason to have to like put into an Excel spreadsheet perfectly in one day. It was. Basically, they revised two different categories of documents. The first category are described as magazine slash newspaper slash press articles and other printed media dated between X and Y date. The second are U.S. government documents slash photographs without classification markings. That could be anything that could be internal memoranda that just were never marked classified. It could be planning documents related to one 6 highly, highly relevant to criminal behavior. All the way to just random photographs. Cherished photographs of his children in which he definitely not that. Remember, we're dealing with a narcissist here. So probably photographs of him. Yeah. Yes, yeah. So I want to tell you all of these are unbelievably minor classifications and basically what they are is increasing the number of documents by a handful. And the reason that that happens is if you know you have 7 things in a row that we're all kind of stored together, they look like maybe they were folded over or stapled that the Staples been removed. You might think of that as one document. And then as you're sort of going through it, you're like, oh no, this was a bunch of documents. So was that all that happened was they just added the number, or it really is, and again, remember done in one day. So for example, in box 18, they increased from 1571 to 1578, an increase of 7. Deep state conspiracy, the category of U.S. government documents photographs without classification markings. Find me those 6 extra yeah, this is nothing, but they're going to obviously make as much out of this as they can. Of course they are. This episode is brought to you by med Klein. Hey, if you're like me, you have both the things that med Klein really helps with. And that's acid reflux and shoulder pain. And also if you're like me, maybe you thought what you needed to try first was, I don't know, a bunch of medicine or diet change or that kind of thing. And while that may be the problem, it actually might be just how you're sleeping.
"judge cannon" Discussed on Opening Arguments
"All I can do is sort of tell you and again I'm a cheerleader for the rule of law, so I think ordinarily the rules probably a pretty good one. I guess. I mean, rule of law also involves stopping people from selling state secrets and hiding secret documents that they're golf club, right? That's rule of law, too, right? Zero argument there, time. I love that I hope it's not even a bullet point. I hope it didn't even make it to bullet point status to ask you whether or not you can make things not top secret by thinking about it real hard, like Trump did. That was not a bullet point. Yeah, it's not even worth it. Let me just oh yeah, it'll be my bullet point because obviously this Hannity interview where he says he thought about it. What I love and what I think that only really well informed people slash OA listeners are aware of is how that doesn't even effing matter. No part of what he's been charged with or is in the undocumented charges are in the justification for the whole thing is, as you've taught us, they worked around this anyway. And he still going giving interviews where he's like, well, you see I use psychic powers to declassify everything. Wouldn't even matter if he could. We'll see if the records people can count that toward your bullet point. So now I want to build up to because I'm going to talk about the case management order. These are the things that special master deary ordered both the government and Donald Trump to do and spoiler alert Donald Trump doesn't want to do any of them. The question is, did Trump's hand picked special master that guy he put forward and they agreed to did he in some way exceed his authority by making Trump specify the bare minimum that we're about to talk about here? And the way to think about this, I think, opening arguments listeners, I hope will appreciate this. The authority of a special master in a case flows from the judge, think about it like the way you can think about an administrative agency. You get clear guidance from Congress that says, hey, I want you to do X, Y, and Z, and you have the authority of a, B, and C, and then the question is, when the agency does something that Congress doesn't like, can you go back and say, oh, well, I didn't give you the authority to do that. That's the way you want to characterize and think about Trump's arguments that special master deary already in his very first case management order has overstepped his authority. What is the thing he would have been even overstepping with? Like, what did he say? Here's the way that happens. So this is the procedural history. On September 15th, which we discussed on the show, judge cannon entered an order that appointed judge deary as the special master. That's the thing that got appealed up to the 11th circuit. That order, we did not go through line by line. It's 11 pages long, but we described how it was kind of bananas. It required among other things that the special master immediately turn over the documents bearing classification markings to Trump's lawyers, including Christina bob, who's probably a Russian asset. Wow. She's a former oan reporter. I think odds are good that she's a Russian asset. So that order is the source of judge deary's powers as a special master. And that is ECF document 91. It's referred to in the pleadings as the appointment order. When you come back and talk about it, but it says, among other things, paragraph two, the specific duties of the special master are as follows, and will include all powers necessary to carry out these duties. A, verify that the property inventory is correct. B conduct a privilege review of the seized materials and make recommendations to the court as any privileged disputes between the parties, see identified personal items documents and presidential records and make recommendations to the courts, and D evaluate claims for the return of property under rule 41 G of the federal rules of criminal procedure, even though of course this isn't a criminal case. So that we're going to come back to it was what judge cannon said, I'm appointing judge deary, and I'm going to give him some of my powers to do those four things. Remember, the merits of this order in its entirety are still pending before the 11th. Oh, right. I was gonna say, 'cause I thought justice eventually was victorious in this or not yet. Yep. So here's what they did. They were victorious on staying the effect of that order with respect to the 103 documents that bear confidentiality markings of some kind. Okay. They are not. So from a practical perspective, the appeal on the merits is still pending and will probably wind up being moot. Because they're going along with it, you know, we got time to fully brief it up and everything. But if judge deery behaves sort of in a reasonable way and if judge cannon doesn't do anything else crazy, then probably both parties will wind up ultimately dismissing the merits of that appeal as moved. DoJ I'll be like, this didn't matter anyway because it was nonsense. Because it's not interfering with our substantive they have all the full rights to continue their investigation, even with the special master, scrutinizing the 11,000 documents that the special master is going to look over. But notice that they do have that 11th circuit appeal in their back pocket in the event that either special master, which seems unlikely now, or judge cannon, which seems not unlikely. Go off the rails again. You could go back to the 11th circuit and say, okay, we've hit another roadblock. We need more injunctive relief because the judges continuing to order something ridiculous. And we have reserved the right to brief the question that says there's no jurisdiction here. That this whole thing is nonsense. It's not even a cognizable civil action, which it isn't. And again, there's nothing to stop the 11th circuit from changing its mind and ruling for Trump that time. It could rule differently on jurisdiction on the merits, right? Remember when you grant relief, you're not ruling as a matter of law that there's no jurisdiction. You're saying, if I were to rule, likelihood of success on the merits, you're making a prediction about how you might rule in the future. That being said, the 11th circuit wrote a 20 plus page opinion. That said, courts don't exercise anomalous jurisdiction where there's no callous disregard for a plaintiff's constitutional rights. So what even are we doing here? And that does not depend on the nature of the documents. That applies to the entirety of the jurisdiction, whether it is those 103 documents with classified markings or whether it's the full set of 11,000. So why doesn't that carry the day on all of it? Because that has not the only relief that was requested by the DoJ was the narrow grounds of preventing judge cannon's order with respect to the 103 documents that bear classification. Okay. That's all they asked for, and they got it. And the 11th circuit said very clearly, that's all you asked for. So that's all we're saying, right? Okay. But you're saying they still have off the rails insurance. That's exactly the way I would think about it. Now, look, you still have two Trump appointees on the panel.
Allison Gill: Justice Is Coming for Trump
"You said many were worried the judge cannon and Donald could delay the DoJ classified documents investigation for months as it turns out the delay lasted 16 days. Happy Saturday, that was happy floppy. And I retweeted. Yeah. I have said this before Allison. We just had our mutual our shared hunk, Glen kirshner. On Friday. And I really do feel like justice is coming. And I don't know which front and maybe all of them and when, but it certainly is there is a lot, as you always point out, for all the people saying nothing's happening, nothing's happening. A lot's been happening. Yeah, quite particularly that the hammer that tis James brought down in 222 pages of a lawsuit against Trump and his crotch goblins. And I'm exceedingly excited about that one because that, honestly, I mean, if he gets indicted, yeah, he should be indicted. We need accountability. We need rule of law in this country. But you know, he'll get like three to 8 years, maybe, and because, you know, he doesn't have a criminal history, believe it or not, he doesn't have a rap sheet. And he probably won't go to jail, jail, he'll probably be on home confinement so he can continue to have a Secret Service. This New York attorney general Tisch James lawsuit is what will break him.
Frangela on Why True Supporters Keep Getting Duped by Him
"Olivia Troy, our friend, said, so basically judge cannon humiliates herself for Trump, and now he's decided he won't cooperate with the special master classic Trump, just ask Mark Meadows or Michael Cohen. What is that bit that is it Chris Rock does about why there isn't mass stabbings because you know? Like you'd see the guy coming, right? Like you'd have to be the stupidest bunch of people in the world for any of these people see what happened to all the people before them, Trump lawyers and Trump loyalists. I want to tell you my mama used to say it all the time. These people don't believe fat meat is greasy. Thank you. I'm telling you. That's exactly it. I'm telling you people just, look, if a person tries to wax upon it twice, they don't try to wax it a third time. That's how it works. Yeah. Yeah. That made us crazy y'all. Yeah, they don't understand.
"judge cannon" Discussed on The Suburban Women Problem
"But by giving him preferential treatment for no reason and without evidence, you're going against the very thing you're trying to do. And I think they have a good chance with the 11 circuit, even though they're 6 Trump appointees there. They're very about the supreme executive and the executive having a bunch of power. It'll be interesting to see how they decide. And I think that their speed, the speed with which they're asking for a response is a good indication that they're really taking this seriously. It's been a little hard to follow for us non lawyers, like all the details when it comes to the special master ruling by judge canon and what's going on now. But I will say that it's not hard for me to understand that classified documents are not to just be thrown around all Willy nilly. And it is really not hard for me to understand that that ruling about, oh, special master. This was really more of a delay and not anything else. One of the things I can say as someone just kind of watching and trying to understand is that we have been a little afraid of the courts in the past kind of bending to Trump's will. And that's what I feel like judge cannon did. However, during the whole, let's overturn the election thing. It was actually those courts that despite being Trump appointees still said no, we're not we're not overturning elections. We're not. So in that space, I'm hoping that these Trump appointees will still do the right thing and still care more about their country than the person who appointed them to say, this is not okay. And we need to do the right thing. I am just crossing my fingers. I think there are some. There are, there are a few. And you know, I'm not a lawyer, but I do speak lawyer. Just from reading all this stuff for the last 5 years. So if you do follow me at Mueller, she wrote, I break these down in pretty straightforward layman's terms, these filings, so with some, again, appropriate profanity. That folks can kind of understand a little bit better. This is why I put out the Mueller, she wrote a podcast is because I wanted people to be on board and to pay attention to it. But that Mueller report is a snoozer. And it's long. But you know, you can't put the Mueller report on a bumper sticker. So that's kind of what I try to do. They call me the docket whisperer.
"judge cannon" Discussed on WCPT 820
"We'll welcome back. Oh man, this is by the way, just apropos of our what we were discussing just a moment ago. The reverse freedom rides, right? The writing, the newsletter about the right wing headlines from the previous day. Breitbart's headline, Martha's Vineyard could house 6 million refugees. I mean, the right wingers are all over this. American greatness sent all illegals to Martha's Vineyard. Fox News desantis was right to send migrants to Martha's Vineyard. American thinkers doesn't denizens denizens of Martha's Vineyard freak out over 50 illegal immigrants. American spectators, the Martha's Vineyard Holocaust, PJ media masterfully trolling impotent libs. Washington free Beacon, it just continues on from there. It's good enough. All right, so the judge cannon, she's being referred to colloquially as judge loose cannon. Has basically ruled on Donald Trump's favor. Yes, Donald, you can delay the investigation into you for another year. This will push it back into 2023. And it's just the beginning of fall. Here in 2022. And Robert huddle over at Robert Hubble substack dot com writes just a great summary of this has had a lawless corrupt and dangerous. And he says the order is lawless because it ignores judicial procedure, established precedent and the co equal status of the executive branch under article two, he says the order is corrupt. Because it's asserts that presidents are entitled to a special standard of justice and a proposition unknown in the law and a reflection of judge cannon's bias in favor of the man who nominated her to the court. And he adds the order is dangerous because it hampers the ability of the U.S. intelligence community to assess whether Trump's theft of defense secrets is compromised the national security of the United States. And then he goes through the details, judge luce cannon writes, quote, the record suggests ongoing factual and legal disputes as to precisely which materials constitute personal property and or privileged materials. End quote. And Hubble writes, that statement by judge cannon is a falsehood. There is nothing in the record about factual disputes over personal property and privilege because Trump submitted no evidence asserting privilege over even one single document. Judge cannon then goes on to say it remains the case that Trump has not had a meaningful ability to concretize his position with respect
Dinesh Examines the Trump Lawyers' Brief in the Mar-A-Lago Raid
"Donald Trump's attorneys have filed a document in the southern district of Florida. This is the West Palm Beach division. This is before judge Eileen cannon. This is in the matter of the Mar-a-Lago raid. So to bring you up to speed, judge cannon has ordered the appointment of a special master, the special master is a kind of third party, a neutral guy. To review all the documents seized by the FBI and by the Biden DoJ and the ideas of the special master will decide which of those documents can be retained by the government, which of those documents have to be returned to Trump. And basically judge cannon says, I don't trust the Biden DoJ to perform this task fairly. Now, the Biden people are fighting this bitterly a, they're threatening to appeal, which of course is their right, but good luck. First of all, their appeal there'd be appealing to an appellate court that is majority Republican and even if they appeal that it's gonna go to the Supreme Court. So good luck guys, knock yourselves out with the appeal. But even as they are threatening to appeal, they do have to fight it out before judge cannon. Now, now they're trying to say the Biden administration that the special master can review the documents, but should not have access to any of the classified documents. And who gets to determine what's a classified document, the Biden DoJ goes, well, we do. So we will designate all these documents as classified. We will separate them out. We will give the rest of the documents to the special master and the Trump people are say, that's ridiculous.
Who Is Judge Beryl Howell and Why Does She Need to Be Impeached?
"To go down your Twitter feed Julie for things to talk about. Will you tell all of our list is in viewers? Who is beryl Howell and why should this person be impeached? You know, it's amazing to watch for all the condemnation about judge cannon because she was appointed by Donald Trump. Completely ignoring what's happening on this D.C. district court, populated with judges who were appointed when Joe Biden was vice president. This includes barrel Howell, who is appointed by Barack Obama, I believe in 2012. She is a hyper partisan. I'll save some of my more incendiary adjectives for her after listening to her and watching her in the past two years. But she also handled the grand jury for the Robert Mueller investigation. She's handling the grand jury related to January 6th. She is hyper partisan. She shows open contempt for Donald Trump and his supporters in these court hearings for January 6th prosecutions. So now, but no one has asked for her to step down or recuse herself as the main judge handling this widespread criminal investigation. Now what comes out today that there's a grand jury investigations subpoenas related to the save America path. The pact that was created, of course, after the election. What does this have to do with January 6th? She is signing. She is the one overseeing all of this. You saw her. She was the one. Who signed up on the subpoena issued to related to the rate of Mar-a-Lago. So no one is calling into question judge barrel. Howells integrity or whether she should recuse herself because she was appointed by the president of the vice president Joe Biden, his last political rival and potential political rival, it's just another double standard and you have seen no criticism in the media of barrel howells conduct.
What's Bill Barr's Issue With the Special Master? Julie Kelly Explains
"Is now what he once condemned. Why would a former attorney general twice over have a problem Julie with an independent third party ombudsman looking at what was taken from the private residence of the president and deciding whether there's anything of import there? Why would anybody have an issue with that? I don't know. I mean, it's really astonishing to see people, especially someone say like Andrew weissman, who was the lead prosecutor in the special counsel probe two years into nothingness about Russia collusion. Now these people are completely psychotic over judge cannon's ruling, appointing a special master. It should be a no brainer. It's something that actually the Justice Department, if they want to at all give the American people confidence that this is a legitimate investigation and not a partisan political witch hunt, which of course it is, they should have come and said, we want a special master, but it wasn't. It was Donald Trump who had to file this motion, judge canon signed off on this on Monday. Just Bill Barr really shame on him.
"judge cannon" Discussed on Opening Arguments
"But this adds much more fuel to the fire than I would have been otherwise. The fact that maga Republicans can point to an actual ruling by an actual sitting federal judge as proof of their whole thing. And the less of that, the better off we were as a country. And so any incidentally more of that is just killer. And it goes to show how important these judicial nominations were. How crucial it was that we had the 50 senators. The exact bare minority to be able to fill a bunch of these seats with not judge cannons. Remember that, and again, I don't know when judge cannon was appointed. But remember that over a hundred judicial seats were stolen from Barack Obama by the last two years of Senate gridlock thanks to Mitch McConnell. So a lot of people want to know what comes next. And that's what we're going to talk about here. It's hard for me to get past the anger. I do want to talk about the masterful way in which the DoJ litigated in this mess? Well, good teaser to what we're just about to cover. And before we do that though, Q&A tomorrow, YouTube, everybody, come watch, come interact in the chat, Morgan's always there. You know, we're hanging out in the chat. We're making fun of Andrew's lighting. You know, just all fun. Fun stuff. It is 70 percent making fun of me in various ways. And it's a lot of fun. Patrons, of course, still time to get your questions in on that patron. And vote on the questions that you want to hear us. And that's tomorrow. As you're hearing now, I guess, could be today for you. That's Friday, September 9th, at 4 p.m. Pacific, 7 p.m. eastern. You'll see us share it on all the social media all that good stuff. We'll see you there. Can't wait. Absolutely. Intrusion is treated. So what comes next in the case? As you were listening to this and again, it could be 1159 p.m. eastern standard time, the way it was with the last couple of filings, but by Friday, the parties are required to submit to judge cannon, their joint status report addressing who they might like to see appointed as special master, the scope of what the special master can do, all of the kind of details that judge cannon. Then again, I'm going to be overly fair to her because she's a hack and doesn't belong. Don't do it. Don't be overly. It is not inappropriate for a federal judge to leave these kinds of issues up in the air and say, well, if the parties can work this out. I have absolutely no idea how you would go to work this out because if you're Trump's lawyers, you're just going to sit there and be like, I propose that Don Trump Junior be named the special master and that we get an infinite amount of ex parte communications with him. Which by the way, that infinite amount of ex parte communications with the special master requested in the initial motion. So if you think that they won't suggest Donald Trump Jr. as the special master, they pretty much already have. For our purposes, in case people aren't also il 45 listeners. What is the special master even gonna do? What is the point of this? It's just somebody who's gonna like go through and sift through the stuff. It's like a taint team, right? It is exactly right. What is this accomplished for anybody? It accomplishes delay for Donald Trump into a DoJ investigation. So let me take a step back on Monday. Judge cannon granted Donald Trump's whatever you call it. Napkin. Seriously like crayon on a napkin that was like make the DoJ stop investigating me for a while because I've committed all the crimes. We grant your napkin. And that was framed in a bunch of overlapping contradictory stuff that makes no sense. That is, number one, the allegation that the search warrant inappropriately took some of Donald Trump's stuff personal stuff, right? Like the passports to which the answer is, as we have talked about on this show, no. You inappropriately put your stuff in the nuclear secrets. Right. And that then makes that evidence. It is prima facie evidence of having violated a tedious C 7 93 F that non nuclear secrets that non material relating to the national defense is commingled with material relating to the national defense and that is conceded by Donald Trump. That's interesting. I want to pause on that because I keep coming up with equivalent scenarios. And I'm now realizing none of them, I think are adequate and correct me if I'm wrong. Because I keep wanting to say, yeah, it's like if you had a bag of drugs and you left your keys in there and then they took the bag of drugs and you're like, you got my keys. Already, that's a good example of like, yeah, but you had a that's totally appropriate. They might give you back your keys, but it's not inappropriate that they took it. But that doesn't even cut it because as you just said, I can't think of an equivalent example where the fact that you put your keys in the drugs is part of violating the law. If there was a law that's like, you can't mix keys with drugs. Imagine that scenario then. And you're like, right? Imagine that there is a law that says and I believe that there is, although precious little cinnamon bun that criminalizes both maintaining an instrumentality of smoked cocaine, a crack pipe. And criminalizes rock cocaine. And you're like, give me back my crap. Hey, I want back the crack pipe. That's mine. Yeah, okay, that is a good example. Yeah, it's like that. It's even more absurd than you might think. Yeah. So that order came down, combining that notion of you have stuff that's intermingled with you said you did a privilege review, but we buy into it without stating it explicitly, we buy into the vague assertions of bias on the part of Donald Trump against the Department of Justice, which I'm not kidding go back to that complete nonsense about Peter strzok and Lisa page and how I mean just stuff that is beyond the pale. There's absolutely no reasonable suggestion that the taint team here did anything inappropriate. The things that judge cannon points out and some of them were even from the neighboring office, well, you know, again, I covered that one on cleanup on all 45, but these are just laughably bad arguments about potential bias. I will leave you with this one because I didn't say this on cleanup. This judge said with a straight face, it is important that we make sure that we avoid all apparent perceptions of any potential conflict of interest, says the judge appointed by Donald Trump adjudicating the matter over Donald Trump. Yeah. Step one would be, okay, then you recuse in like a Clinton or even like a George W. Bush judge. You should take this on. Absolutely assign this to the most conservative friend you have who doesn't owe his job to the plaintiff or again whatever move amp, like he's not even a plaintiff. But to the person requesting relief from you, how about we not allow that to be the person who got you your lifetime appointment for which you are manifestly unqualified.
"judge cannon" Discussed on WCPT 820
"To WWC PTA 20, because facts matter. And I don't want to prejudge. I've been prejudged wrongly enough. I'm not going to prejudge somebody else. And so I think the key is what the facts and the evidence are. What the FBI and the intelligence community learn about these documents, how they ended up there. Who else saw them? Because apparently they've been moved around, it's not like they were in a vault. They were in a storage room where people go in and out getting umbrellas for the pool or, you know, something else. Yeah, I mean, she's not wrong. By any stretch of the imagination. What I found if you sent me this story, Trump tried to put his racketeering suit against Hillary Clinton in front of judge cannon. Yeah, because she's the only judge in that area. Right. So if you file a lawsuit there, she is going to be the judge. You have no choice in the matter. There's no picking up name out of a hat. Right. And that's an hour outside of West Palm Beach where there is another district 12 minutes from where his there are plenty of judges right there in Palm Beach that he could have gone to, but he chose this one woman who I would be curious to see if there is any back channel communications going on between Trump's people and her. If there were any communications after the fact, or did she just know the assignment? Because that seems to be his method as far as like, you know, the mobby nature of what he does. He doesn't need to say it, you know. Right. I mean, and that's the thing that while he was suing for the election, there were Trump appointed judges that threw his cases out. So she's the only one so far. And we knew it would happen eventually. Yeah. But she's the only one so far that has done the quid pro quo with him. Right. Thusly. But hopefully she'll be, she needs to be investigated for this. I mean, judge shopping because we've asked about it before. You're not supposed to do that. Correct. That's an extra Kirchner about tomorrow morning. I'm surprised that they have any say in which judge they get at all. I'm surprised it's not that judges aren't chosen randomly. Well, in an area where there's only one judge who is available to do it. So yeah, she's the only judge in that particular district. So when you file a lawsuit there, she's the judge you're going to get. Default. And instead of filing a lawsuit, 12 minutes from Mar-a-Lago, where they would get a judge picked out of a hat or a random whatever house they do it. They were either file lawsuits where they know this judge is going to be. Right. Like in New York City, you've got, you know, it's a, it's a rolling wheel of judges. You don't get to pick, you know? Who's going to try your case? You can always ask for somebody to be recused. For whatever reasons. But you can't. I mean, judge shopping is not proper. I think we need another judge in that area so that there is a 50 50 shot of not getting. There are enough people living in that area to have more than one judge. I guess where she is in middlebrooks, is that where it is. It's near Palm Beach, isn't it? No, it's like an hour away. Okay. Yeah, there's a closer federal court that's only like 12 minutes from Mar-a-Lago. But the two judges were appointed by president Obama and Clinton. And so when there was an opportunity for them to file the case there, his Trump's lawyer said, well, this judge was appointed by president Clinton, and we're suing his wife. So he has to, and he's like, no, I'm not recusing myself. I've been doing this for 25 years. That's what judges do. Yeah. I mean, come on. And judges aren't supposed to do what judge cannon did and give him whatever he wants. And work best for his personal outcome. He had an outcome that he wanted and she wrote an opinion to give him that outcome is what comes from. Exactly. Dave and main. So you want to know who we would have played main characters if the movie was made of this? Dave? Avery there? Dave? Dave's not there by day. He's 9 Casa. I'm sorry, Dave. But yeah, he wanted to know, who would you cast? Well, as the judge I'd go with probably, oh, Cecily Strong from Saturday Night Live. Yes. Solid. I mean, we know she can play judge jeanine. I'm sure she could play this lady. Oh yeah. Maybe it could be judge Janine. Cecily Strong as judge Janine playing. Judge cannon. Judge cannon. I believe it. I'm going with that. Who would you cast as Eric? Oh God. Oh, I'm gonna try not to be mean here. Well, you know, a good character actor. What about Kieran Culkin? Oh, he can be great. He's gummy. Yeah. It can be gummy. These are fantastic, act? Yeah. Yeah. He's a very fan. Oh, by the way, happy birthday to David Arquette. Just figured I'd put it out there. Yeah. And the queen is in ill health. It looks like. We haven't talked about it. That was breaking this morning before the show. It seems the family is rushing to be by our side at Isabel Moore. Balmoral Castle. Yeah. Yeah, falling further evaluation this morning, the queen's doctors are concerned for her majesty's health and have recommended she remain under medical supervision. She's at balmoral. She didn't have to go to the hospital. Well, they basically have a hospital wherever she goes. Of course. Yeah. I mean, she's the queen. Right. So, and everybody but Harry and Meghan are heading. Scotland right now. Princess Anne is already there, Prince Andrew, and Edward or already there. So yeah, the whole family is going to be there. So it doesn't sound good. It's a sad. Yeah. She's, you know. 70 years that she's been the queen. Yeah. And that was because one of her brothers abdicated the throne, correct? And she's just, I like her. Not everybody does. I liked her mother more. I'm not sure I like the monarchy. That's right. But she seems like a pleasant enough woman. Well, I mean, when my mom used to do an imitation of an English queen, I believe Queen Elizabeth did see it and thought it was very funny. Oh, okay. So she has a sense of mama. Might have met the queen, but no? We met Prince Philip. Okay. All right. We met him at the Annie premiere. Okay. He was there. And we had to wear gloves because you can not touch. Can you skin contact with royal? I did not know that. Even the men have to wear gloves? Yes
Federal Judge Grants Trump's Request to Have a 'Special Master'
"Last couple of hours, there's been news about a special master that has now been appointed in the Trump Mar-a-Lago raid court case. Here to help us unpack this is Mike Davis from the article three project Mike, you've been terrific on all of your commentary on this. Welcome to the program. Mike, what is a special master and what is the significance of this? Story special master is someone who is appointed by a judge to assist the judge usually with the discovery matter. And judge Ken and Eileen canon from the southern districts of Florida, federal judge down there has said that she wants to appoint a special master to do the review of president Trump's rated records. The Biden Justice Department had this unprecedented unnecessary unlawful home grade of a former president who happens to be the current president's chief political enemy. They took 11,000 documents from this home raid and they went to a biased magistrate judge Bruce Reinhart, who just recused from president Trump's civil lawsuit against Hillary Clinton on June 22nd and got him to authorize this home rate, somehow his bias is clear judicial bias under 28 USC four 55 a and canon two and canon two have the judicial candidates magically disappeared over that 6 week period where his clear bias went away. He had a 2017 Facebook post bashing Trump so the Biden Justice Department went down, they judge shot for this judge, got this unprecedented home rate warrants and now judge cannon, I think, is onto them because if you look at her order where she ordered this, she said that she's going to appoint a special master. She talks about quote the swirling allegations of bias and media leaks in this case. She
"judge cannon" Discussed on 77WABC Radio
"And one of the things I want to point out here, she says, the special master order reveals Biden's direct involvement in Trump rate in 6 other bombshells. But let's look at the first bombshell because this wasn't pointed out by Bill Barr or the legal analysts on television. And she points out, following the archives outreach to the Justice Department, the archives notified Trump on April 12th, he intended to provide the 15 boxes to the Federal Bureau of Investigation. Trump's attorney sort of delay in the transfer to assess whether any documents contained privileged material. But then, as judge cannon wrote, after obtaining a short delay on May 10, 2022, the archives informed Trump at what proceed with quote providing the FBI access to the records in question as requested by the incumbent president, beginning as early as Thursday, may 12th. As requested by the incumbent president, and including this quote in her order, judge cannon cited the letter the archives acting archivist sent to Trump's lawyers. That letter explained that Biden had decided to defer to the archivists determination and consultation with the assistant attorney general for the office of legal counsel. Regarding whether or not the archivist should uphold the former president's purported protective assertion of executive privilege. Acting archivist Deborah steidel wall then explained in a letter that based on her consultation, with the assistant attorney general for the office of legal counsel, she decided not to honor Trump's claim of privilege. So there you have Biden himself, the attorney general himself has said that he authorized the search warrant and Barr doesn't mention any of this today. Neither do the other legal analysts. And while the media has highlighted those aspects of the letter, Monday's order highlighted a key sentence in the same letter that went less noticed by the press. The archives will provide the FBI access to the records in question it says, as requested by the incumbent president, beginning as early as Thursday, May 1220 22. Did they lie in that letter? Did they lie? Language indicates Biden not merely deferred to the archives, but asked the archives. To give the documents to the FBI. Now, of course, deferring to the archives judgment equated to Biden authorizing the handoff to the FBI. But this passage suggests in more direct connection between Biden and the investigation into Trump. How do you like that? Oh my goodness, who would have thought? And yet we're supposed to jump up and down. In shock and disgust, that this judge ordered a special master to review documents. How can that be standing? Let us stupid argument. Equity. Yeah, what's the problem? Does she have one another stupid argument? There is only a few attorney client privilege who says the government, one another stupid argument. There is no executive privilege. It's too early. What another stupid argument? So stupid is what we get. And I don't know what these people are getting paid. I don't know. It was Barr just showing up for free maybe he is. But free is too much. I'll be right back. Months
"judge cannon" Discussed on 77WABC Radio
"Not Trump himself, his virtue must be the standard by which we judge other candidate. There it is. Tom clinging Stein chairman Claremont institute, I hope. You felt as I did that that was quite an inspiring statement, by the gentleman he's a scholar, intellectual. And quite good, but you have not heard that. Put together in that way. Instead, you go to places where you think there are smart people. Like The Wall Street Journal editorial page, not particularly smart national view, not particularly smart. Certainly not anymore, and some of these other places. And this is what you get. It's much like the legal analysis we see that comes to us through the television. And through print, some people feel they need to be the very first to demonstrate how smart they are is professors or former federal prosecutors or former attorneys general. And if they're not, found to be correct they either pretending they never said it. Or they attack those who have. We have a judge cannon, the southern district of Florida. She has outstanding credentials. She was one of the last district court judges confirmed before president Trump left office, and after the election. But before he left. And she got all Republican votes and half the Democrat vote. But today she's not that bright we're told. In either credentials or stellar, even better than some of the people who attack her. Just so you understand, former federal prosecutors exist by the thousands. There are thousands of former federal prosecutors
Trump’s Mar-a-Lago Documents Already Examined by FBI, DOJ Says
"Here's the Washington compost Devlin Barrett FBI agents have already finished their examination of possibly privileged documents seized in an August 8th search of Mar-a-Lago according to Department of Justice court filing today They could undercut the former president's efforts to have a special master appointed to review the files The so called filter team used by the Department of Justice to sort through the documents And weighed out any material that should not be reviewed by criminal investigators has completed its review The brief filed by the Department of Justice prosecutors said and that came in response to the Saturday ruling by judge cannon to hold a hearing this week on Trump's motion seeking deployment of a special master Now let's just stop there The Department of Justice went through this stuff so fast He wanted to make sure that nobody could stop them It's the same department of injustice where the attorney general Merritt was Garland Spent a few weeks to think about whether there should be a search warrant Despite the so called emergency nature of a search warrant and where the FBI sat on its ass for three days before it actually executed the search warrant And way back in June where the FBI had been at Mar-a-Lago and gone through the boxes and obviously would have seen that some of it at least was classified They were no Harry then either