Federal prosecutors will appeal at least part of a Monday order from a Florida federal judge relating to records they obtained from searches at Mar-a-Lago last month.
Although it will entail delay and some risk of an adverse ruling, I think this is the right decision. The DOJ can’t stand by and, worse yet, play along with an order that so blatantly affords rights and protections to one privileged man that no other person in the United States can expect to receive. The order was a travesty and failing to call it out and appeal it would be a travesty as well–if “Equal Justice Under Law” means anything.
So glad they aren’t going to just roll over. But it seems to me for the purpose of the Grand Jury they should only need the fact that he was in possession of things that are prohibited…and someone from the Archives could testify to that, as well as to the gravity thereof.
It seems they have enough info about his obstruction and other big issues to indict anyone, nevermind a former guy whose “reputation” would be endangered by the truth.
As my fighter pilot buds like to say “Fight’s On !” The DoJ is done fucking around with the Trump circus.
I predict the next move will be to indict the SOB of NUMEROUS charges in the WDC Circuit, right after the 2022 General Election. It will be hard for even Trump to tie up an indictment with as many as 30 counts. I expect enough “Shock and Awe” to knock Trump off his feet - maybe forever.
I think this is politically the right decision too.
Cannon’s made a nonsensical MAGA ruling. Perhaps the eleventh will uphold and show themselves as MAGA too. Fine, tie Donald Trump to as many corrupt judges as possible, as tightly as possible.
If supported, this would be useful for reminding Trump judges that the rule of law counts more than loyalty to their sponsor. In the current corrupt environment, we should be so lucky.
Yea, it’s unclear why Kovensky says “at least part” when the notice of appeal makes no such distinction. Perhaps the other filing suggests a review of only “part” of Cannon’s ruling, but that document isn’t linked.
And the motion to stay is a sensible opportunity to take a step back from the ledge she now finds herself on. The reaction to her ruling in the legal community was completely unanimous that she was up to her neck in horseshit. Might be time to brush some of it off.
lestat: I agree completely and want to add a notion:
DoJ cannot allow a federal judge to issue this kind of pretextual ruling showing clear deference to a political ally without even a hint of legality even as the rules were right in her face. Federal judges have immense power and can issue orders that even a president must obey, but those orders have to meet the limitations of law. A federal judge ruling that a sitting president must resign his office is not valid no matter what higher courts might say. That is, a federal judge’s ruling doesn’t make it so.
I’m guessing that DoJ will appeal the entire order except appointment of a special master to review the documents DoJ already separated for potential attorney-client privilege OR specific other documents that Trump and his lawyers can identify as having potential attorney-client privilege that are not turned over voluntarily by the DoJ.
The judge has no authority to order a special master to review for executive privilege on anything. On a judge in the DC district has jurisdiction for that by law. The same holds true for any records under the Presidential Records Act. Her ruling is clearly in error on the law, although DoJ’s brief made it clear. For that reason, I’d expect even Trump judges on the 11th Circuit to overrule her on that and quickly.
I have personal experiences with judges (including a federal judge) issuing nonsense opinions where they just ignore the facts and the law to get the result they want. If DoJ was anything like me after being on the receiving end of such injustice, they are hopping mad and will take it all the way to SCOTUS if necessary, or just tell the courts to F OFF!