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September 6, 2022
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The news broke Monday from U.S. District Judge Aileen Cannon, who worked on Labor Day to release this order that reads in part:

“A special master shall be APPOINTED to review the seized property, manage assertions of privilege and make recommendations thereon, and evaluate claims for return of property. ...The Government is TEMPORARILY ENJOINED from further review and use of any of the materials seized from Plaintiff’s residence on August 8, 2022, for criminal investigative purposes pending resolution of the special maser’s review process as determined by this court. The Government may continue to review and use the materials seized for purposes of intelligence, classification, and national security assessments.”

Significantly, Director of National Intelligence Avril Haines (editorial aside:  yet another fervently anti-Trump intel official) is allowed to continue her investigation, alongside the DOJ, to determine the classification levels of these hundreds of pages of documents deemed classified.

Here’s the full 24-page order:

https://www.documentcloud.org/documents/22275118-cannon-order

You might appreciate this irony on page 1, second paragraph: “Pursuant to the Court’s equitable jurisdiction and inherent supervisory authority, and mindful of the need to ensure AT LEAST THE APPEARANCE OF FAIRNESS AND INTEGRITY [emphasis ours] under the extraordinary circumstances presented, Plaintiff’s motion...is GRANTED IN PART [emphasis hers].” In other words, even the judge implies that only the appearance of fairness and integrity is what we’re going to get in this case, not the real thing.

A DOJ spokesman released this statement: “The United States is examining the opinion and will consider appropriate next steps in the ongoing litigation.” It might be that the DOJ will appeal to the 11th Circuit Court of Appeals, as they did not want a special master appointed.

Jonathan Turley said Monday on FOX NEWS that he thought this decision was the right one, saying it would offer “some reassurance” to millions of Americans about the purpose of the raid –- though we're not so sure it does much about that, especially with the obvious caveats in the order –- and also about the handling of these documents. At the same time, he said, it won’t “change the trajectory of the case” –- heck, they’ve already seen the documents –- though it temporarily prevents the DOJ from using confiscated documents “for prosecutorial purposes.” He thought that restriction might be the reason for an appeal, as “they have nothing to lose” by asking, “except the precedent they might create.”

“I think the Department of ‘Justice’ blew this one,” Turley said, “in how they responded to this motion. “They really overplayed their hand,” by saying national security would be threatened by the appointment of a special master, which is done all the time in cases involving sensitive materials. They never explained how something so routine would do that, especially when a special master with top-level security clearance is appointed. We would assume they didn’t explain it because they CAN’T, and add that their strong objection to the appointment of a neutral party raised even more suspicion that they had something to hide regarding when they were looking for and what they took.

We’d also caution that, depending on who is appointed special master, their protests might even be of the Br’er Rabbit “please don’t throw me in the briar patch” variety. If they manage to get someone who shares their biases against President Trump, it might be exactly what they DO want, because that places the stamp of approval on an unjust legal process.

In the meantime, of course, the DOJ will go on about their business, interviewing witnesses as planned. (For details, see page 6 of the judge’s order.)

Something else we noticed: Judge Cannon’s order mentions that earlier in the year, the “records in question were requested by the INCUMBENT PRESIDENT.” (That’s on page 3; emphasis mine.) So much for Biden’s claim that he knew nothing about this.  Not only was he briefed, he asked for the documents himself.  No word on whether he knew about the massive FBI raid, but if you think he didn't, would you like to buy a bridge from me?

They apparently are looking into charging the President with obstruction, and “for that,” Turley advised, “you need a knowing concealment,” so they’ll be querying witnesses about what was known to be in the boxes, who knew it was there, what steps were taken after documents were subpoenaed, etc. They’ll try to hit “low-hanging fruit” with collateral indictments and get them to incriminate Trump as part of a plea deal. It’s a dead-serious pursuit; Turley didn’t use the phrase “out for blood,” but we will.

He did say it was almost unimaginable that they could have executed a warrant this “absurdly broad” and not have swept up privileged information. And that’s what we suspect was the real purpose here. The scope of the warrant was, as Turley said, “perfectly bizarre” --- allowing them to take virtually every scrap of material from the Trump presidency. As I remind my readers, I and my staff are not attorneys, but that looks like a clear violation of the 4th Amendment to us. You don’t have to be a law professor like Jonathan Turley to know that.

So, what next? Judge Cannon has directed Trump’s lawyers and the government lawyers to confer and submit a joint filing with a list of special master candidates and also their proposals for how that person should operate. (We reported several days ago about an outside group that had already submitted a list of four potential candidates –- all appearing to be infused with anti-Trump bias.  The judge should ignore this.)

Turley has a must-read piece on the prosecutors’ likely strategy of going after Trump on obstruction charges, including the inconvenience posed by the Hillary Clinton email case, in which she skated after clearly obstructing justice and using BleachBit and hammers to destroy many thousands of subpoenaed records.  Recall Trey Gowdy once said of BleachBit that it destroys records so thoroughly "even God can't read them."

https://jonathanturley.org/2022/09/05/hats-off-to-hillary-prosecuting-trump-in-the-shadow-of-clintons-emails/#more-193500

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Comments 1-10 of 13

  • Amelia Little

    09/12/2022 01:18 AM

    I think Trey Gowdy would make an excellent special master. I know he would be impartial. He has been vocal (not scream in your face vocal) about some things he did not agree with about Trump or other consevatives. Or what he deemed as unconstitutional.

  • Marilyn Hellmuth

    09/07/2022 06:20 PM

    Governor Huckabee,
    Communism is already at work in the United States of America. Can we get our country back?
    Marilyn

  • Jim Greer

    09/07/2022 10:15 AM

    I would like to state that while l do respect the Office of the President this administration DOES make that difficult. You made reference to what POTUS did or did not know concerning - and prior to - the Mar-a-Largo raid. It’s sad to say but l firmly believe that Joe Biden only “knows” what his aides/handlers tell him. Likewise l believe that he only “says” what they tell him to say. Many of his public speeches are rather painful to watch much less listen to what he says, or tries to say. I would like to think that Donald Trump is enough of a patriot that this investigation is baseless and nothing more than a political witch hunt. Although…l’m not sure I would blame him if he try to “stick it to the left” for the way that they have persecuted him for the last 7-8 years!

  • Norma Holmes

    09/07/2022 07:19 AM

    Dems are absolutely out maneuvering conservatives with all this! Concentrate on retaking Senate!

  • Norma Holmes

    09/07/2022 06:21 AM

    Good grief—wise up! Where is the GOP positive vision for America? No platform no alternative vision; BIDEN IS REELECTED IF COURSE!? DUH!

  • Norma Holmes

    09/07/2022 06:09 AM

    Mi

    Meanwhile no platform, no vidiob for a future course for the country is even ob the horizon!. The DOJ and Dems are playing the GOP like a fiiddle & BiDEN IS REELECTED!

  • Steven Lechtenberg

    09/06/2022 08:20 PM

    As always an excellent read Governor. I know they will railroad PRESIDENT TRUMP. First thy will find master that fit’s their liking, second will be the leak’s to further their case against PRESIDENT TRUMP, the leaks will fuel their rabid supporters into action, then, after being backed into a corner of their own doing the “THE JUSTICE” department will file charges against PRESIDENT TRUMP. With no way out they have to hold a sham trial and surprise surprise surprise a jury will wind up DEADLOCKED, the “THE JUSTICE DEPARTMENT “ will claim victory saying they did their job, but the jury failed to convict. Not here well staged POLITICAL THEATER production courtesy of our elected royalty trying to say once again they are TRYING TO SAVE DEMOCRACY. President trump WILL BE TARNISHED with question mark’s and his whole campaign will be spent defending himself against a very corrupt political system that need’s to be completely done away with by the voter’s, if they wherewithal to do it

  • Kenneth Joyce

    09/06/2022 06:23 PM

    Joe Biden is a duplicitous and conniving person with a long track record marked by his buffoonery and lack of lasting legislative accomplishments. Unfortunately, as President, he has become the mouth-piece of Satanic Extremist Wing of the Democrat Party. We all know this crowd. With a smug smile, they spew hatred of the core values that have made America great. At every chance they remove the name of "God" from documents, buildings, schools and even the pledge of allegiance to our flag. Such demagoguery and foolishness. Joe Biden needs to revitalize and appreciate the old saying " God Bless America".

  • Linda Nowell

    09/06/2022 05:23 PM

    The best thing president trump can do for himself and the nation is to quit talking about it.
    Turn the conversation to economy etc. don’t give them any food for fodder!!

  • PEM

    09/06/2022 03:37 PM

    First of all why did they wait until know? Your sins will find you out! No trust in some of the government, as they do what they want for themselves. Secondly maybe everyone that works in the Government, the FBI should go into their homes. Then what would the News Report? It’s a disgrace our founding fathers. Lastly God see all, hears every word. He doesn’t need documentation. And judgment day is coming very soon.