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Takeaways from the ruling granting Trump's request for a special master in Mar-a-Lago probe


Scott

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Conservatives are always inveighing against liberal justices for inventing all sorts of rights that are not to be found in the Constitution. Well, nowhere in the Constitution is executive privilege mentioned nor anything like it. The doctrine is, in fact, a construal of the Supreme Court.

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19 minutes ago, peterfranks said:

You seem to be very knowledgable about the US Constitution. Not?

 

https://constitution.congress.gov/browse/essay/artII-S2-C3-1-4-3-1/ALDE_00001152/

 

ArtII.S2.C3.1.4.3.1 Overview of Executive Privilege

Article II, Section 2, Clause 3:

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

 

The doctrine of executive privilege defines the authority of the President to withhold documents or information in his possession or in the possession of the executive branch from compulsory process of the legislative or judicial branch of the government. The Constitution does not expressly confer upon the Executive Branch any such privilege, but it has been claimed that the privilege derives from the constitutional provision of separation of powers and from a necessary and proper concept respecting the carrying out of the duties of the presidency imposed by the Constitution.


"The Constitution does not expressly confer upon the Executive Branch any such privilege, but it has been claimed that the privilege derives from the constitutional provision of separation of powers and from a necessary and proper concept respecting the carrying out of the duties of the presidency imposed by the Constitution."

What is there in this text that contradicts what I wrote?

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1 hour ago, KanchanaburiGuy said:

The Special Master should accept at face value anything the DOJ has already rejected themselves. The added benefit would be to reduce the number of documents the Special Master has to go through, perhaps saving a big chunk of time.

You're missing the priorities of Team DT, which at this moment is ahead.  "Saving time" is not a prerogative.  Delay until after the midterms.  Delay until after 2024 elections.  Since there are midterms every two years there is only one year to do things, then "oh, can't do this prior to an election," like now. 

If the Dems keep Congress this year and they keep the White House in 2024 there is a good chance this will not be settled by the 2028 elections (that is if elections still exist, it may be that GOP governors pick the presidents by then).  If the DT Party takes Congress this year this all goes away, and the US Congress will be all about prosecuting those who dared to stand against the orange treason and Hunter's laptop.  I hope I'm wrong.

 

BTW, these things about procedures and rules are only for those who support democracy and do not apply to the GOP.  If you don't believe me just ask James Comey.  Or Mitch McConnell.  If there is no black-letter law to back it up the GOP will laugh at it, as they have been doing.  Hey there, Just-us Gorsuch!

 

 

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15 minutes ago, bendejo said:

You're missing the priorities of Team DT, which at this moment is ahead.  "Saving time" is not a prerogative.  Delay until after the midterms.  Delay until after 2024 elections.  Since there are midterms every two years there is only one year to do things, then "oh, can't do this prior to an election," like now. 

If the Dems keep Congress this year and they keep the White House in 2024 there is a good chance this will not be settled by the 2028 elections (that is if elections still exist, it may be that GOP governors pick the presidents by then).  If the DT Party takes Congress this year this all goes away, and the US Congress will be all about prosecuting those who dared to stand against the orange treason and Hunter's laptop.  I hope I'm wrong.

 

BTW, these things about procedures and rules are only for those who support democracy and do not apply to the GOP.  If you don't believe me just ask James Comey.  Or Mitch McConnell.  If there is no black-letter law to back it up the GOP will laugh at it, as they have been doing.  Hey there, Just-us Gorsuch!

 

 

Sorry, which party controls Congress has nothing to do with anything.

 

This is a DOJ investigation, which is Executive Branch, not Legislative Branch.

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“Plaintiff faces an unquantifiable potential harm by way of improper disclosure of sensitive information to the public,” U.S. District Court Judge Aileen Cannon wrote in a 24-page ruling issued on Labor Day.

https://www.politico.com/news/2022/09/05/special-master-mar-a-lago-documents-00054814

Imop this judge did the right thing , especially with all of the illegal leaks that was given to the media! She was so methodical and descriptive  in her review of time lines.

 

 

“But they also indicate that, on more than one occasion, the Privilege Review Team’s initial screening failed to identify potentially privileged material.” 

My takeaway ,Cant trust the fox (doj/fbi)in the hen house to be honest and do a proper investigation when it comes to Trump imop.

Garland  made a  gigantic political mistake goin after Trump. Their unprecedented action and blunders is evidence,that I hope the Independent voters take notice  imop ! 
 

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7 hours ago, peterfranks said:

You seem to be very knowledgable about the US Constitution. Not?

 

https://constitution.congress.gov/browse/essay/artII-S2-C3-1-4-3-1/ALDE_00001152/

 

ArtII.S2.C3.1.4.3.1 Overview of Executive Privilege

Article II, Section 2, Clause 3:

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

 

The doctrine of executive privilege defines the authority of the President to withhold documents or information in his possession or in the possession of the executive branch from compulsory process of the legislative or judicial branch of the government. The Constitution does not expressly confer upon the Executive Branch any such privilege, but it has been claimed that the privilege derives from the constitutional provision of separation of powers and from a necessary and proper concept respecting the carrying out of the duties of the presidency imposed by the Constitution.

Well found, but don't expect any admission of being wrong. Apologies are not usually forthcoming when they get caught out.

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18 hours ago, thaibeachlovers said:

I suspect that if they delay too long, once the GOP takes the house back in November, the "inquiry" will quietly fade away.

I don't envy whoever has to make the decision, given the potential political implications.

Charge him before the elections and the inevitable accusations of politicking will arise; wait till after the elections and potentially lose the opportunity to disqualify the Donald from running in 2024.

This is not a House investigation.  Do you understand that?

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9 hours ago, riclag said:

“Plaintiff faces an unquantifiable potential harm by way of improper disclosure of sensitive information to the public,” U.S. District Court Judge Aileen Cannon wrote in a 24-page ruling issued on Labor Day.

https://www.politico.com/news/2022/09/05/special-master-mar-a-lago-documents-00054814

Imop this judge did the right thing , especially with all of the illegal leaks that was given to the media! She was so methodical and descriptive  in her review of time lines.

 

 

“But they also indicate that, on more than one occasion, the Privilege Review Team’s initial screening failed to identify potentially privileged material.” 

My takeaway ,Cant trust the fox (doj/fbi)in the hen house to be honest and do a proper investigation when it comes to Trump imop.

Garland  made a  gigantic political mistake goin after Trump. Their unprecedented action and blunders is evidence,that I hope the Independent voters take notice  imop ! 
 

Agree 100%, especially the bit about them making a gigantic political mistake. IMO their desire to remove Trump from 2024 is so strong they were blind to the inevitable consequences.

I imagine they are trying to find a way to mitigate the unintended consequences, but IMO the longer it goes on without any indictment, the worse it gets for them.

This is probably going to be a large part of the GOP election strategy up to the mid terms, and given to them on a plate.

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2 minutes ago, thaibeachlovers said:

Agree 100%, especially the bit about them making a gigantic political mistake. IMO their desire to remove Trump from 2024 is so strong they were blind to the inevitable consequences.

I imagine they are trying to find a way to mitigate the unintended consequences, but IMO the longer it goes on without any indictment, the worse it gets for them.

This is probably going to be a large part of the GOP election strategy up to the mid terms, and given to them on a plate.

The GOP election strategy will be to maintain that ex-Presidents can steal?

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5 minutes ago, heybruce said:

This is not a House investigation.  Do you understand that?

 

Could they not convene an investigation into the activities of the DOJ/ FBI on this situation? Do they not have oversight of the executive?

I guess it depends on whether actual charges have been laid by then, which would remove any ability to change things.

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13 minutes ago, thaibeachlovers said:

 

Could they not convene an investigation into the activities of the DOJ/ FBI on this situation? Do they not have oversight of the executive?

I guess it depends on whether actual charges have been laid by then, which would remove any ability to change things.

They could, but if the investigation reveals that nothing improper was done it would make it clear that it is the Republican Party that seeks to politicize the Justice Department, again.

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3 minutes ago, heybruce said:

They could, but if the investigation reveals that nothing improper was done it would make it clear that it is the Republican Party that seeks to politicize the Justice Department, again.

IMO that could apply to the present investigation into the documents as well. What happens if they don't find anything to indict him for?

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7 minutes ago, thaibeachlovers said:

IMO that could apply to the present investigation into the documents as well. What happens if they don't find anything to indict him for?

In view of the fact that the documents don't belong to Trump, he refused to return them and lied about still having them, I don't think that will be a problem.

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Just now, heybruce said:

In view of the fact that the documents don't belong to Trump, he refused to return them and lied about still having them, I don't think that will be a problem.

If it was as simple as that, they could have arrested him already. That they have not, and it's taking so long to do so, indicates to me that it's not proving as simple as they thought it would be.

Don't bother talking about how they have to do a "proper" investigation, as either he is guilty of taking documents he should not have, or he isn't. He could be charged on one count, and more charges to come later, but the longer it drags on, IMO the better it becomes for Trump as he can use this to energise his base.

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9 hours ago, riclag said:

“Plaintiff faces an unquantifiable potential harm by way of improper disclosure of sensitive information to the public,” U.S. District Court Judge Aileen Cannon wrote in a 24-page ruling issued on Labor Day.

https://www.politico.com/news/2022/09/05/special-master-mar-a-lago-documents-00054814

Imop this judge did the right thing , especially with all of the illegal leaks that was given to the media! She was so methodical and descriptive  in her review of time lines.

 

 

“But they also indicate that, on more than one occasion, the Privilege Review Team’s initial screening failed to identify potentially privileged material.” 

My takeaway ,Cant trust the fox (doj/fbi)in the hen house to be honest and do a proper investigation when it comes to Trump imop.

Garland  made a  gigantic political mistake goin after Trump. Their unprecedented action and blunders is evidence,that I hope the Independent voters take notice  imop ! 
 

The nation faces unquantifiable potential harm from the former President steeling TS/SCI documents and leaving them where anybody wandering around Mar a Largo might find them.

 

 

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