CDL and others continue to lie and misrepresent and even deny established history.
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http://en.wikipedia.org/wiki/Trump_v._United_States_(2022)
"Donald J. Trump v. United States of America (case no. 22-81294-CIV-CANNON), was a lawsuit filed on August 22, 2022, by former U.S. president Donald Trump in the Southern District of Florida. He sought the appointment of a special master to review materials seized on August 8, 2022, during the FBI search of Mar-a-Lago, a part of the investigation into Donald Trump's handling of government documents.
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"Trump requested that the special master review the seized materials, some of which were classified, for potential attorney-client or executive privilege. The case was assigned to District Judge Aileen Cannon, a Trump appointee. ... She ordered the DOJ to halt its review of all materials on September 5 and appointed Raymond J. Dearie, senior judge of the U.S. District Court for the Eastern District of New York, as special master on September 15.
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"On September 16, the DOJ appealed the ruling to the 11th Circuit Court of Appeals. On September 22, the appeals court granted the DOJ's request to restore investigators' access to the classified files that had been seized during the Mar-a-Lago search and block the special master from access to them. ..."
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Ordinarily, there would be zero reason to assign a Special Master in this situation. Cannon had decided that Trump deserved special preferential treatment. And so began her attempt to assist Trump and his defense to delay and obstruct the prosecution.
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Even Bill Barr criticized Cannon's decisions from the bench:
http://www.nytimes.com/2022/09/07/us/politics/aileen-cannon-judge-trump.html
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"... On Monday, Judge Cannon granted Mr. Trump’s request to appoint an independent arbiter known as a special master to review materials seized last month from his private Florida club. The extraordinary and unusually broad decision, which could delay the criminal investigation into Mr. Trump, drew scrutiny from experts who questioned her legal reasoning and criticized some of the language in her opinion about what rights a former president is entitled to.
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William P. Barr, who was attorney general under Mr. Trump, took exception to her ruling, saying that the judge did not adequately address a key issue in dispute: whether a former president may invoke executive privilege to keep the executive branch itself from reviewing documents while investigating a potential crime. He said the answer is no.
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“The opinion, I think, was wrong,” Mr. Barr said on Fox News on Tuesday. “And I think the government should appeal it. It’s deeply flawed in a number of ways.” ..."
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Legal experts from all sectors were critical of Cannon's flawed decisions.
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http://www.reuters.com/world/us/trumps-request-special-master-raid-case-granted-part-by-us-court-filing-2022-09-05/
U.S. judge agrees to special master in Trump search case, delaying probe [Sep 2022]
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"... Some legal experts on Monday called the judge's order deeply flawed. "This is not something courts do," said Jonathan Shaub, a former Justice Department attorney. He said it was odd for Cannon to block the Justice Department from reviewing the records at this stage in the investigation, before an indictment has even been returned.
"It's giving a whole lot of special treatment," Shaub said. Cannon in her ruling justified her actions by claiming that Trump faces the stigma of having had his home searched, and any future indictment based on the seizure of those records would cause "reputational harm." ..."
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http://www.vanityfair.com/news/2022/09/donald-trump-aileen-cannon-doj-ruling-classified-documents
DOJ Gives Trump Judge an Opening to Take Back Her Absurd Special Master Ruling [Sep 2022]
As a reminder, Judge Aileen Cannon was nominated by Trump, and she made clear in her decision this week that she thinks he deserves special treatment.
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"When Judge Aileen Cannon granted Donald Trump’s request for a special master to review the documents seized from Mar-a-Lago by the FBI in August, blocking prosecutors from using those documents in their investigation until that review was complete, the legal community did not hold back in its assessment of the decision. “To any lawyer with serious federal criminal court experience who is being honest, this ruling is laughably bad, and the written justification is even flimsier,” Samuel Buell, a Duke University law professor, told The New York Times. Judge Cannon’s decision “was utterly lawless. She has disgraced her position as an Article III judge” ... "
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"... Eleventh Circuit reverses entirety of Judge Cannon's ruling and terminates special master review. ...
"On December 1, the Eleventh Circuit ruled in favor of DOJ. The appeals court's ruling ended the special master review, allowed the government to use all the documents in its investigation, and ***directed the lower court to dismiss Trump's lawsuit.*** The three-judge panel unanimously rejected Trump's position, although all three judges were appointed by Republican presidents, and **two were appointed by Trump himself (Judge William H. Pryor Jr. was appointed by George W. Bush and Judges Andrew Brasher and Britt Grant were appointed by Trump).** The court ruled that Cannon lacked equitable jurisdiction to appoint a special master, that Cannon's decision did not meet the stringent standard for the judicial branch to intervene in ongoing investigations by the executive branch, and that *****the court would not make a special exception for former presidents.***** ..."
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But Cannon had successfully delayed the DoJ's case for three months ... with many more delaying decisions (or NON-DECISIONS) to follow.
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http://news.meaww.com/judge-aileen-cannon-accused-of-preferential-treatment-of-trump-in-classified-docs-case-internet-calls-it-precedent-setting-mess
'She's Trump all the way': Judge Aileen Cannon accused of preferential treatment of defense lawyers in classified docs case. Judge Aileen Cannon, a Trump appointee, has strongly objected to the suggestion that she is causing delays in the administration of justice. [May 2024]
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"Judge Aileen Cannon is fielding criticism for the accumulation of unresolved legal matters in the classified documents case involving former President Donald Trump. However, the Trump appointee has strongly objected to the suggestion that she is causing delays in the administration of justice. ...
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"There is growing frustration among prosecutors and legal experts regarding Judge Aileen Cannon's approach to granting full hearings on even the most implausible issues raised by Donald Trump's legal team, according to The New York Times. Subsequently, Judge Cannon has refrained from making decisive rulings on these matters, inadvertently contributing to the former president's strategy of prolonging the trial until after the 2024 election. ...
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""Regardless of her motives, Judge Cannon has effectively imperiled the future of a criminal prosecution that once seemed the most straightforward of the four Mr. Trump is facing." ..."
Posted By: jazzman121847
Re: Recusal is up the judges discretion . . . .
Why do you lie like you do? Rhetorical question. Smith could not have "unilaterally bounced her". That's not how the Federal judicial system operates. ...
Smith might have considered asking the 11th Circuit to remove Cannon from the case but, as reported in the news at the time, it was not a straightforward or simple thing to do. Many people have been second-guessing Smith on a number of decisions (filing in FL instead of DC; not seeking removal of Cannon; etc.) but many people held a presumption of regularity in the conduct of the courts ... and that's where many, including the lay public, have lost faith. Trump has played the Courts by rigging the system with MAGA appointees making outrageous decisions.