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I do find it interesting that the DOJ has not filed an appeal.
However, there may be a reason for that. It is possible that things are happening behind the scenes.
A Federal District Judge may withdraw his or her decision, either on their own motion, or their own motion.
However, it must be done prior to an appeal being filed. Once appeal is filed, then said District Judge must obtain the appeals courts' permission to withdraw.
So, I would not be utterly surprised if today or tomorrow the decision is withdrawn.
Tomorrow is the deadline for the DOJ and Mr. Trump to submit their candidates for serving as Special Master.
Contrary to what some have said, if Judge Cannon's decision stands, it does not affect how criminal procedure is done throughout the country, but it certainly does for her particular district, for criminal cases coming before her. Every defense lawyer in her district will be filing the same type of motions as Mr. Trump, on the reasonable basis that all criminal defendants must be treated the same (or, in this case, un-indicted people). After all, simply being the focus of an investigation; having your home searched via search warrant, adversely affects all people the subject of such warrants. There is nothing in the Federal criminal procedure laws that make an exception for 'special people' or former Presidents.
Even Judge Cannon must know this. Hence, the possibility that she may withdraw the decision.
What is a "sham" about this investigation, exactly?
The documents were at MAL, no one from Trump's team disputes this. Hundreds of them still had un-modified classification headers, no one from Trump's team disputes this.
The outstanding questions are now:
Could Trump legally possess any of those documents?
Were those documents actually declassified? If not, that could result in additional possible charges.
Being "illegally" in possession of documents is about the silliest thing I ever heard of prosecuting a president for, and they're not even going after him for that, but obstruction. It's a traditional process crime because they have nothing. Oh, you took out a library book and didn't return it, we called you and told you to return it, and you ignored it? Let's prosecute ! GFR!
The only way this would be an issue if there was serious confidential information in those documents that could endanger people or the country. I've seen no evidence of this, and I need some independent person (SM?) to confirm this. I won't trust the DOJ to do anything.
I'd be shocked if Cannon reversed her decision, and I don't see that happening. She went out on this limb to cow tow to her masters and demonstrate her fealty. She already crossed that line.
Will the DOJ appeal Cannon's order? I doubt that too, but we'll know for sure by the deadline.
When there's political in-the-pocket judiciary, it's not a simple matter of appealing.
Being "illegally" in possession of documents is about the silliest thing I ever heard of prosecuting a president for, and they're not even going after him for that, but obstruction. It's a traditional process crime because they have nothing. Oh, you took out a library book and didn't return it, we called you and told you to return it, and you ignored it? Let's prosecute ! GFR!
Did not Trump base his 2016 campaign on HRC illegally possessing documents on her server? LOCK HER UP was the endless chant at rallies. And those documents were on a computer not laying around all over her house which doubles as a hotel with guests and staff potentially having access to this documents.
Trump did not take library books but documents of national security importance. If you don't understand the difference you are blinding by partisan politics.
If Trump had nuclear secrets lying in boxes or given to a foreign government he should be charged. If its less than that he should not.
Being "illegally" in possession of documents is about the silliest thing I ever heard of prosecuting a president for, and they're not even going after him for that, but obstruction. It's a traditional process crime because they have nothing. Oh, you took out a library book and didn't return it, we called you and told you to return it, and you ignored it? Let's prosecute ! GFR!
The only way this would be an issue if there was serious confidential information in those documents that could endanger people or the country. I've seen no evidence of this, and I need some independent person (SM?) to confirm this. I won't trust the DOJ to do anything.
OK, so your stance is crimes are no big deal as long as I like the guy committing the crimes and/or don't like the victims of the crime.
Please stop with the "library book" analogy. It's a stupid and insipid comparison.
Not being legally able to possess something means it's stolen. Attempting to hide some/all of the stolen stuff from investigators is obstruction.
"Serious" information? Did you miss all those classification headers in the photos and the reports from NARA? Did you miss the reference to "National Defense Information" in the affidavit?
At this point I have to assume you're simply trolling or completely ignorant of the relevant facts, so we can just end the discussion here. Thanks.
I also love how the Trump sycophants consistently throw out "process crime" like it's no big deal. The operative word there being CRIME.
Oh, obstructing a federal investigation? No big deal, it's just a "process crime", after all.
Process crimes are used to often prosecute people when they themselves committed no crimes. If you investigate a person long enough, they will commit a process crime. Look up perjury trap.
You're blinded by hate, so you're ok with a sham DOJ prosecution.
I'm only ok with process crimes if they're add-ons. Aka, someone actually did commit a crime for which they're being charged for, and the process crime is the cherry on the cake, not the entire cake.
Process crimes are used to often prosecute people when they themselves committed no crimes. If you investigate a person long enough, they will commit a process crime. Look up perjury trap.
You're blinded by hate, so you're ok with a sham DOJ prosecution.
I'm only ok with process crimes if they're add-ons. Aka, someone actually did commit a crime for which they're being charged for, and the process crime is the cherry on the cake, not the entire cake.
A crime is a crime. He had in his possession classified documents that did not belong to him. Plain and simple. If you had the same documents you would be in prison right now so why is it ok for Trump?
A crime is a crime. He had in his possession classified documents that did not belong to him. Plain and simple. If you had the same documents you would be in prison right now so why is it ok for Trump?
This is what you claim, but what was the context of me possessing documents and what is exactly in these documents? None of this I know.
Go ahead and charge him with a real crime, then tack on a process crime if it warrants. But if this sham investigation will just finish with a process crime, it was a sham!
This is what you claim, but what was the context of me possessing documents and what is exactly in these documents? None of this I know.
Go ahead and charge him with a real crime, then tack on a process crime if it warrants. But if this sham investigation will just finish with a process crime, it was a sham!
You can put any twist on it you like, but deep down I find it hard to believe that you don't think Trump may be in trouble here. Even his defense right now is all about delaying and that is it. That was the reason for the SM request. Now the DOJ probably won't appeal because the appeal process would take longer than the SM going through the docs. The next thing Trump's defense team will start doing is appealing individual documents once the SM has finished. That will just drag this on longer and longer and hold up the investigation. If it comes to that will you then see the light and say that maybe, just maybe he did do something illegal and that is why they are doing everything they can to hold up the investigation? I mean if he did nothing wrong I would think that once the SM is done Trump would tell the DOJ to move this thing along so he can be done with it.
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GFR! 