DOJ Willing To Accept Trump’s Proposed Candidate For Special Master

The Justice Department signaled on Monday that it would accept one of ex-President Donald Trump’s picks for a special master who would review materials the FBI seized in its Mar-a-Lago raid last month.


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1432029

This whole exercise is like trying to have a conversation with someone’s three-year-old. The DOJ knows this is the wrong venue, that different kinds of privilege are being confused, that they have already done the sifting a special master would do, and that Biden’s waiving of executive privilege moots most of Trump’s claims – and yet here they are, forced to speak slowly and deliberately, because they are dealing with toddlers.

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The DOJ is giving a mile when an inch would do. But, it makes the screams of tdfg “I’m Innocent! How Dare They” even more delightful when he’s indicted

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Indictments can’t come soon enough. Unfortunately, I don’t think Garland will go for it prior to the midterms.

Justice delayed is starting to look like justice partially denied. I do believe that indictments ARE coming, but for god’s sake, let’s get this party started.

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I am convinced that Garland is on the right track. People castigate and scorn him…call him names.

But we must remember that he has at least the same motivation that we do…maybe more.

(1) If he fails, we all will be much more in danger from authoritarian Republicans…MAGA and otherwise

(2) Whether or not Garland "behaves to Trump’s liking, that vengeful man will exact the same revenge.

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However, the government noted that Dearie isn’t retired, but rather at “senior status.”

“If this Court were to select Judge Dearie as the special master, the government would defer to the Court and Judge Dearie to determine whether the special master role would constitute outside employment and what rules and/or restrictions, if any, would apply to his serving in this capacity,” the prosecutors wrote.

I wonder if this is the DOJs subtle way of saying ‘he’d be acceptable, but only if he’s retired’. Could be a way to get another Judicial appointment for Biden on the court.

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Not because they are dealing with toddlers but because they are dealing with Republicans who only care about power.

But in regard to the special master, I thought the DOJ was appealing that decision.

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Nah. It’s another subtle dig at the Trump legal team. They’re telling the judge that there are good legal reasons that the DOJ didn’t purpose Dearie. They are underlining that the Trump team didn’t point out these legal land mines, while the DOJ did.

Basically, it is warning the judge that she has to scrutinize Trump’s legal filings because they can’t be trusted to understand or disclose all the issues.

In a normal world, before a normal judge, this can be very effective. Here, it seems obvious that the judge doesn’t care about getting it right if right means unfavorable to Trump.

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FIFY

Also, good and sensible explanation. It sounds like the DOJ is continuing its excellent legal work even in the face of a terrible Judge and incompetent Trump legal team.

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Until such time as the appeal succeeds or they at least get a stay, they have to act as though it will fail.

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Judge Dearie is from the Eastern District of New York, which includes Queens. That is a stronghold of the Trump family (in the olden days at least). I would like to know if the Family & its Capos have anything on him, that might unduly influence.

I was born in Queens many decades ago and cannot regret more that this psychopathic monster and his pro-Nazi father have sullied my birthplace.

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I agree about the power, but what reminded me of the toddler experience is that they are being forced to nominate special masters and take Trump’s nominations seriously, when grownups all know that a special master doesn’t even make logical sense. But because Judge Cannon is MAGA, you have to mime along and pretend you don’t know better.

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Ben at MeidasTouch says that the Trump suggestion judge IS NOT actually retired and that he likely won’t be allowed to accept outside paid work, as he is a sitting judge.

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One of those toddlers is a sitting federal judge.

Dealing with her is akin to dealing with a toddler who’s carrying around a loaded pistol, with the safety off.

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Maybe I’m missing something here, but why would the DOJ accept a Trump proposed judge as Special Master when they just had a Trump appointed judge make this a thing in the first place in an egregiously bad decision?

I don’t yet know HOW the Trump proposed candidate is corrupt and biased in his favor, but we can pretty much take it as a given that he is. What’s the strategy here for going along with what Trump wants?

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Welcome to the Hive.

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Tells me Merrick already has Trump.

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DOJ should never accept anyone proposed by Trumpy because they have probably already been co-opted.

I think Garland knows what he is doing. Remember he was to be a pick for the SCOTUS.
I believe he is going to nail Trump and embarrass the Judge.

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Serious question for cognoscenti or anyone who cares to comment: since rump is not a candidate for any office and not employed nor contracted by any candidate’s campaign, does the DOJ policy against taking action too close to an election even apply to him?

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