Justice Department Takes Aim at Judge Cannon

Politics
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PDF is the United States Department of Justice brief filled on October 14th in the case of Donald J. Trump v United States.

This brief seeks to clean up the remainder of the cluster ■■■■ created by Judge Cannon when she recklessly granted unwarranted equitable relief to Trump. The brief asks the 11th Circuit to vacate the remainder of Judge Cannon’s special master order and open all documents to immediate use by the Department of Justice.

I fully concur in the brief and with all the legal reasoning in the brief.

United States District Judges have full power in law and equity. But the Supreme Court has long placed limitations on the use of the power of equity, namely the “Richey” factors.

Foremost of the Richey factors is did the government “display a callous disregard for Constitutional rights” in seizing the materials.

And clearly they did not display any disregard for Constitutional rights in seizing the materials, let alone callous disregard. The material was seized under a warrant obtained in good faith and it is clear that Trump had no property rights in the material.

Because the first Richey factor is so clearly failed, it is not necessary to consider the remaining factors. And because the Richey test is failed, the District Court had no authority under precedent to grant equitable relief to Trump.

The 11th Circuit can and I believe they will concur with the Justice Department brief and completely vacate Judge Cannon’s grant of equitable relief and accordingly grant full and immediate access to all the seized documents to the Justice Department.

I would note that two of the 11th Circuit Judges considering this case are Trump appointees and of course I would also note the Supreme Court refused to intervene in this case earlier.

I cannot believe for a second that Judge Cannon is stupid enough to believe that she had the power to grant this equitable relief in the first place. She received the Order of the Coif in law school, so she is bright. I am more of the opinion that this was a display of raw partisanship rather than jurisprudence. Fortunately, the two Trump appointees on the 11th Circuit adhered to principle.

I hope in the future Judge Cannon realizes that she is now a Federal Judge and acts of partisanship are incompatible with that status. She can start by simply following the example of the two Trump Judges who helped overrule her.

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When this case went to the 11th Circuit I listened to Laurence Tribe who said that Judges do not like being told that they are wrong by other Judges. However after her actions I’m am not sure that she cares.

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Oh well.

dims da breaks.

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…and the justice department is absolutely, no questions asked, corrupt and is right on par with the integrity of the FBI.

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I’ve been hoping that about Sotomayor myself for years now.

Doubt she ever quits voting along partisan lines however.

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This may be a complete shock to you, but I actually agree with you in this instance. The other recent liberal Justices have kept their partisanship in line. (Note: Justice Jackson is still far too new to pass judgement on yet.) But Justice Sotomayor has shown by word or deed that she considers grounds outside the rule of ground in her decision making.

And of course, I have long lambasted such liberal Judges as Reinhardt, Pregerson and Real, among others and for much the same reason.

But there are a relatively small handful on the conservative side who have pushed the envelope.

And it is wrong, regardless of which side does it.

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And of course this justice department has never acted in a partisan manner.

I’m no lawyer but…

Sure seems like this justice department has nothing better to do than chase Trump and anyone they can link to him (and anyone who dares to disagree with this administration) around.

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I do not deny inappropriate behavior by the Justice Department, both under this President and previous Presidents, including Trump.

However, the seizure of documents at issue was clearly legal and not driven by partisan interest. Trump illegally possessed the documents. The National Archives demanded them back. The Justice Department moved to seize them. Not even an issue, as the two Trump appellate Judges confirmed.

In THIS SPECIFIC INSTANCE, the actions of the Justice Department were 100% legal and appropriate.

Unfortunately, the Constitution of the United States does not leave us any good method for uncoupling the Justice Department from the Executive Branch, as is down for good reason in most States.

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Ok…I think you’re a lawyer…I’m not.

I ll just find it reason to celebrate when Biden’s DOJ pursues something that doesn’t involve attacking the former president and those who could be seen as Biden’s political opponents.

My understanding is trump did everything be was asked to do with those documents and still the Merrick Garland signature daylight raid happened.

If you find that to be appropriate…ok.

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It appears your understanding is wrong. The NARA attempted to get government property returned for 16 months. The NARA and FBI worked for an additional 2 months to secure the return of government property including classified information.

Then they secured a Grand Jury Subpoena for the return of all classified documents held by the FPOTUS. The FPOTUS returned as a result of the subpoena a single folder (redwall) containing 37 or so classified document and even certified that a thorough search had been performed and none remained.

As a result of the search warrant execution and additional 107 classified documents were retrieved after the subpoena and after certifying that all classified documents had been returned.

That is in now way doing “everything be was asked to do with those documents”.

WW

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Awesome…

Guess I won’t vote for Trump next month.

I m sure liberals can point to the major smoking gun that justifies a raid of that magnitude on the home of a former president.

I’ll gracefully bow out…this isn’t a story I paid attention to so if you all say Trump’s a dirtbag…well that’s your opinion it’s a free country.

I don’t want to sidetrack the thread so…

Thank you for your opinion.

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It’s called a private citizen stealing hundreds of classified documents including secret, top secret and special classification (SCI and SAP) documents and refusing to return them when asked, he was given plenty of breaks as the FPOTUS to do the right thing and he refused.

After 18 months a fully justified search warrant was secured and executed to that highly sensitive documents were returned.

If I’d taken the same level of documents home when I retired that the FPOTUS did, there would have been no 18-month grace period. My butt would be in Leavenworth doing 10-20.

WW

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You are pretty funny when you put a fancy dress on your bias.

It is so well crafted.

Besides I thought that Dearie had sunk the Trump defense already.

Not really paying attention until the abuse of office to attack a political rival takes the stage.

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:rofl:

There is nothing biased about the OP.

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The unmitigated gall to claim the Justice Department was 100 % justified when nobody knows what they took.

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:rofl:

This is a strawman. Did you even bother to read the OP?

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Not going down that dead end.

Like I said

Let me know when the abuse of office to attack a political rival takes the stage.

Until then spin your wheels while the rest of us lose earnings and watch nuclear tension escalate.

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:rofl:

Ok. See you next time you post in one of these threads about how disinterested in the topic you are.

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Is your understanding based on what Trump said? Because the Judge who signed off on the search warrant was not convinced that there was corporation.

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So I probably should have stayed out of this thread…as I think about it it’s been quite a while since I’ve paid any attention to this story. My apologies to the original poster.

But we have learned a lesson from this particular post.

When your term as president is over you should absolutely make sure you leave every scrap of paper behind…you might consider leaving all of your significant other’s clothes there too just in case someone shows up for an early morning raid with a bunch of armed federal agents it will save them some time, especially if you are thinking of running against whoever follows you into the Oval Office…It’s always awkward when those kinds of raids against political opponents happen so you might want to smooth out the process.

So yes I’m being a smart ass…I seriously haven’t followed this story so I will bow out…Other than to say that we should all be very concerned about the continued appearance of a two tiered justice system coming from the Biden/Garland administration. This country can’t function if President’s and Attorney’s General are using our most powerful law enforcement agencies as their own personal political enforcement arm. I questioned the need for a raid of this magnitude when it happened, and I continue to question the need for a raid.

Anyway have at me I’m off to do other things and worry about other issues.

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