Insurrectionists and subversives: Trump and his supporters (Thread for all things Trump)

Allskate

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11,937
Appeals court dismisses Mar-a-Lago Special Master.

BREAKING: The 11th Circuit Court of Appeals has DISMISSED Donald Trump's lawsuit over the FBI's Mar-a-Lago search.
Yep. It was a unanimous decision by Republican-appointed judges. They didn't just vacate the order that prevented the government from using the documents. They didn't just say that there could be no special master. They found that Judge Cannon never had equitable jurisdiction and that the entire civil case in the district court has to be dismissed. Even better, they made it clear that Judge Cannon's made up reasoning was so baseless that even Trump's attorneys didn't use some of her reasoning and used different (baseless) reasoning. They even suggested (IMO correctly) that she knew that she didn't have jurisdiction and had gone out of her way to make up reasons for finding she had jurisdiction. And they made it clear that Trump doesn't get special treatment. And, also, that Trump had not shown that the search and seizure were unconstitutional.
 
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Reuven

Official FSU Alte Kacher
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16,997
The decision is here. It’s a fabulous read. They slam Judge Cannon and TDFG’s lawyers. It opens with this, just to get to the point:
This appeal requires us to consider whether the district court had jurisdiction to block the United States from using lawfully seized records in a criminal investigation. The answer is no
They give a brief summation of what Trump’s lawyers thought, and what DoJ thought. Then the first slam of Cannon:
These disputes ignore one fundamental question—whether the district court had the power to hear the case. After all: “Federal courts are courts of limited jurisdiction. They possess only that power authorized by Constitution and statute, which is not to be expanded by judicial decree.” [bold mine]
They said what Cannon did was just such a thing. There’s something called the “Richey Test” for establishing equitable jurisdiction. This case failed all four parts. So the 11th says:
In considering these arguments, we are faced with a choice: apply our usual test; drastically expand the availability of equitable jurisdiction for every subject of a search warrant; or carve out an unprecedented exception in our law for former presidents. We choose the first option. So the case must be dismissed.
They then tell the tale of the whole case. At one point, when discussing whether the TDFG suffered harm from the seizure of items from Mar-A-Largo like his passports, the 11th takes another dig at Cannon.

Plaintiff has made no such showing. His jurisdictional brief in the district court asserted that the government had improperly seized his passports and that its continued custody of “similar materials” was “both unnecessary and likely to cause significant harm.” But the passports had already been returned before he filed his first motion, and his jurisdictional brief did not explain what “similar materials” were at issue or why he needed them.
The district court was undeterred by this lack of information. [bold mine] It said that “based on the volume and nature of the seized material, the Court is satisfied that Plaintiff has an interest in and need for at least a portion of it…
This is one of my favourite paragraphs:

Only one possible justification for equitable jurisdiction remains: that Plaintiff is a former President of the United States. It is indeed extraordinary for a warrant to be executed at the home of a former president—but not in a way that affects our legal analysis or otherwise gives the judiciary license to interfere in an ongoing investigation. The Richey test has been in place for nearly fifty years; its limits apply no matter who the government is investigating. To create a special exception here would defy our Nation’s foundational principle that our law applies “to all, without regard to numbers, wealth, or rank.” State of Georgia v. Brailsford, 3 U.S. (3 Dall.) 1, 4 (1794).
They conclude:
The law is clear. We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so. Either approach would be a radical reordering of our caselaw limiting the federal courts’ involvement in criminal investigations. And both would violate bedrock separation-of-powers limitations. Accordingly, we agree with the government that the district court improperly exercised equitable jurisdiction, and that dismissal of the entire proceeding is required.
The district court improperly exercised equitable jurisdiction in this case. For that reason, we VACATE the September 5 order on appeal and REMAND with instructions for the district court to DISMISS the underlying civil action.
Hehehehehe….:respec:
 

Allskate

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11,937
the 11th takes another dig at Cannon.
One of the things that came across in the opinion was that Judge Cannon knew what the law was and didn't care. They pointed out that her immediate response to the motion that initiated the case was to ask what the basis was for equitable jurisdiction. She knew that it was a problematic issue. And they made it clear that she knew what the Richey factors and their requirements were. So, it comes across as her not being stupid or ignorant or incompetent but deliberately wrong in her analysis. The first factor alone, which she acknowledged was not met, was enough to make the entire case have to go away.

One thing that I thought was funny was one of the footnotes. When they pointed out that Trump's attorneys were misconstruing the second Richey factor (the plaintiff's need for the seized property), they said that Trump had to not only show that he had a personal interest in some of the property but that he needed it. They dropped a footnote where they said that Trump might have a personal interest in the Celine Dion photos, but "we do not see a need for their immediate return." :lol:

The discussion of the "need factor" was actually one factor where I wished they had slammed Cannon even more. At the very first hearing, the DOJ attorneys offered to give Trump's attorneys copies of non-government documents (like medical records or legal documents). Cannon said no. Then, even though Trump's attorneys hadn't even said that Trump needed the documents much less shown that they did, she found that Trump needed the documents and that this was the basis for finding equitable jurisdiction. So sleazy.
 
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Jimena

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Could anything happen to Cannon? I imagine that nothing will happen and that she will continue to enjoy her lifetime appointment without any worries.
 

Allskate

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Could anything happen to Cannon? I imagine that nothing will happen and that she will continue to enjoy her lifetime appointment without any worries.
I don't think anything will happen to her. Congress would have to impeach her, and they won't. In cases where there is an appearance of bias by a district court judge, a court of appeals can remand with instructions to have the case assigned to another judge. But, in this particular case, there is no need for reassignment because the appeals court ordered the dismissal of the entire case. I imagine that she wants to become an 11th Circuit judge or Supreme Court Justice some day. I'm sure this case and her appalling conduct will come up. Depending on who controls the Senate, it may not matter. It may even help her with some Senators. :(
 
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MacMadame

Doing all the things
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52,299
Could anything happen to Cannon? I imagine that nothing will happen and that she will continue to enjoy her lifetime appointment without any worries.
Impeachment. The House has to impeach her and the Senate has to vote for it with a 2/3rds majority. Just like impeaching a President
 

Dobre

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14,693
This seems important.

First on CNN: Federal judge orders former top lawyers in Trump’s White House to testify in criminal grand jury probe​


"A federal judge has ordered former top Trump White House lawyers to provide additional grand jury testimony, rejecting former President Donald Trump’s privilege claims in the Justice Department’s criminal investigation of his effort to overturn the 2020 election, people briefed on the matter said.

Pat Cipollone, the Trump White House counsel, and his deputy, Patrick Philbin, appeared in September before the grand jury in Washington, DC, as part of the Justice Department probe, which is now being overseen by newly appointed special counsel Jack Smith."


"The judge has similarly rejected Trump’s privilege claims for other witnesses, including top aides to former Vice President Mike Pence. Marc Short and Greg Jacob provided a second round of grand jury testimony after the judge ordered them to answer additional questions as part of the January 6-related probe."
 

Reuven

Official FSU Alte Kacher
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16,997
Impeachment. The House has to impeach her and the Senate has to vote for it with a 2/3rds majority. Just like impeaching a President
And that’s not going to happen. Even if the Dems kept the House, and definitely not with a House run by MAGAt Republicans.
 

Simone411

Crazy about Jason, Karen's Spiral & Michelle Kwan
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17,720
Could anything happen to Cannon? I imagine that nothing will happen and that she will continue to enjoy her lifetime appointment without any worries.
Exactly. She was like a puppet for the Congress. They pulled her strings and she did exactly what they wanted her to do.
 

Dobre

Well-Known Member
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14,693

Thread on events today in the
Trump org trial:

This was apparently the final day of the trial. Jurors are to begin deliberating on Monday.

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"Two of Donald Trump’s top White House lawyers appeared before at least one grand jury Friday, visiting the federal courthouse in Washington, D.C. amid multiple criminal probes involving the former president.


Former White House Counsel Pat Cipollone exited the courthouse just before 2:30 p.m., spending about six hours behind closed doors. His former deputy, Pat Philbin, departed just after 4 p.m., spending about four hours with the grand jury."

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"Three close aides to Donald appeared before a federal grand jury Thursday - Dan Scavino, William Russell, and William Harrison."

(I inserted a capital letter).

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Ted Cruz’s Podcast Deal With iHeartMedia May Violate Ethics Laws, Watchdog Says In New Complaint​


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Zero Tolerance for Corruption': Grijalva, Porter Demand Answers on Alleged Trump Pardon Bribery Scheme​


(Ah, yet another crime to investigate).
 

once_upon

Enough
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24,915
This had the feel of a toddler or teenager who were not getting their own way. Thinking that the parent (or in this case, the state) would cave to their demands.
 

Dobre

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14,693

‘We Can’t Let the Governor Look Like He Lost’: DeSantis Reportedly Backing Down From Plan to Wreck Disney’s Self Government District​

(But, in fact, he lost).

Florida mulls U-turn on move to strip Disney theme-parks of self-governing status - FT​


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The Sweetheart Deal Gets Sweeter​


I cannot read this now, though I could the first time. Cannot remember the exact sum; but I believe it said DeSantis has now spent over 3 million state dollars on the contractor he hired to move 50 immigrants from Texas to Martha's Vineyard.

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Lake, Finchem attorneys ordered to pay Maricopa County’s legal fees for failed lawsuit​


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So the members of the Federalist Society who backed Trump backed a man who doesn't even believe the Constitution is the supreme law of the land.

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Trump Owed Hidden Debt While In Office​

 

caseyedwards

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18,629
It will certainly be a test of Desantis spinning skills to spin a enormous flip flop and cave as a victory. It would immediately make him a Romney
 

MacMadame

Doing all the things
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52,299
I'm glad DeSantis is backing off of removing Disney's special district status because it was a bad idea and going to cost the taxpayers way too much money. Not to mention, it was clearly retaliation for Disney pausing to give campaign contributions and expressing their own views. Politicians using the power of their office to retaliate against their political "enemies" is always something to condemn.
 

Dobre

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Messages
14,693
14 years of prison for Michael Avenatti.

On top of 6 years already earned in another case.

‘It Is Now Time to Pay His Debts’: Michael Avenatti to Serve More Than a Decade Behind Bars for $12M Fraud Against Four Clients​


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Florida is just cranking out the scary politicians:

Ex-Miami congressman Rivera arrested in Venezuela probe​



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"The Southern Poverty Law Center and immigrant advocacy groups filed a lawsuit against Florida Gov. Ron DeSantis on Thursday over his flights of migrants from Texas to Martha's Vineyard, Massachusetts, in September.

The plaintiffs, three Florida nonprofits that support immigrant communities, including the Florida Immigrant Coalition, argue that the actions of DeSantis and Florida Transportation Secretary Jared Perdue were unconstitutional because they usurped 'the federal government’s sole role in regulating and enforcing immigration law, muddying an already complex area of law, leading to chaos and confusion.'

Additionally, they allege DeSantis' administration violated the Fourteenth Amendment "through its state-sponsored harassment of immigrants based on race, color, and national origin."
 
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Barbara Manatee

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2,099
The House J6 Committee will make criminal referrals:

The House select committee investigating the January 6, 2021, attack on the US Capitol has decided to make criminal referrals to the Department of Justice, the panel’s chairman, Rep. Bennie Thompson, told reporters Tuesday.
Thompson, a Mississippi Democrat, said the committee has not narrowed down the universe of individuals who may be referred.
Asked whether Thompson believed any witnesses perjured themselves, he said, “that’s part of the discussion.”
 

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