What does a TRUMP presidency look like?

[Razgovory]

I don't see the problem.  So a special master goes through the docs and decides which ones the FBI should have left, like the passports.  So what?  He/she is not going to make the classified stuff and National Archives stuff disappear.

Classified documents won't be able to be used in a future prosecution because of executive privilege.  It will have to go to the Supreme Court to decide if people named Trump special privileges.  

[OttoVonBismarck]

Some of the legal guys I follow are saying it's not quite time to panic over the special master ruling (basically all of them agree the ruling is bad), until we see who is chosen as special master and what sort of rulings and decisions come out of the process. It is possible the special master fairly quickly churns through the files and things keep progressing as they did.

It is also worth noting this doesn't stop the ongoing investigation, it just freezes FBI use of the documents for a time. Since it is an injunction against that part of their investigation, there is some argument that DOJ should appeal, but at least some analysts are saying a special master can often get through documents like this reasonably quickly, while the Republican appellate courts and the Supreme Court have been big on allowing massive delays to occur when those delays uphold lower court rulings that benefit Republicans. So it may actually cost the DOJ more time to contest it versus just letting a special master quickly get to their work.

[grumbler]

It is extremely concerning that a US District Court judge appointed by the Federalist Society could decide that United States v Nixon was wrongly decided by the (non-Federalist Society) 1974 USSC.  It is true that the judge could anticipate that the current USSC will decide that Trump alone ("no precedent is set") has executive privilege as an ex-president, but it's not her place to reveal the Federalist Society game plan.

[OttoVonBismarck]

My belief is most of the appellate courts and the SCOTUS would probably rule against these extraordinary, ex-officio claims of executive privilege, as they have generally ruled against spurious Trump claims of this nature already (including near the end of his actual term in office when he was still President, and was asserting the President is immune from any form of investigation at all by State officials.)

The question is, will that appellate process take a year which lets Trump keep preventing more bad press coming out, and if so is it likely the special master could conclude the process much quicker.

[Admiral Yi]

Isn't the issue that it's legally wrong? My understanding is they're appointed to make a decision on arguably privileged material, so that the trial judge isn't exposed to that.

There is, from what I've read, no legal basis for saying these documents are privileged. Trump's lawyers are claiming that the docs are covered by executive privilege for Trump (who is, crucially, no longer the executive) on fairly flimsy grounds - but the judge is biting.

It's a slightly concerning straw in the wind.

You sure the SP is culling on privilege?  I thought it was personal vs. official.

[grumbler]

(snip) So it may actually cost the DOJ more time to contest it versus just letting a special master quickly get to their work.

This may be true, but I'm not seeing a motivation for Trump's special master to be at all expedient.  It may be in the Federalist Society's interests to delay the completion of their special master's work until after the 2024 election.

[OttoVonBismarck]

I believe the special master technically has to be approved by both parties, I don't think they can just select someone from the Federalist society.

[The Minsky Moment]

The court can force a selection if the parties don't agree.

[The Minsky Moment]

I'll post more later but

+ it's an injunction of an ongoing criminal proceeding, an extremely disfavored and extraordinary step, and based on a comical misapplication of the injunction standards
+ even if a qualified special master can be found quickly, it's not clear how executive privileged material can be discerned or what would or could be done if it can, as the privileged is qualified and contextual.  This is a thorny and unprecedented problem that is very likely to result in dispute and delay

[Tamas]

So is it safe to say that the fascist coup is still ongoing, just on slow burn?

[The Brain]

So is it safe to say that the fascist coup is still ongoing, just on slow burn?

The GOP still exists, yes.

[CountDeMoney]

Doesn't matter. Just something else he'll get away with. Again.
Shame people can't seem to get this lesson through their fucking heads. 

Might as well leave them all there, he'll get them back in 2024 anyway.

Maybe try this in 2024.

You don't even fucking live here anymore, so save your bitchiness for, like, Brexit or something.

[CountDeMoney]

This is a thorny and unprecedented problem that is very likely to result in dispute and delay

And that's all that matters, isn't it.  Just run out the clock as long as possible until it becomes an irrelevant issue and, combined with the Democrats' penchant of allowing their testicles to retreat back up into their abdominal cavity over "institutions" and "norms" combined with the DOJ's unwritten practice of avoiding investigations on the eve of elections not involving Hillary Clinton, it will all work out for him again in the end.

It's absolutely amazing, though, isn't it?  Years of incompetent counsel?  No problem. Defenses that law students would poke holes in?  No worries.  Busted for stealing money from veterans? Dissolve a company, cut a check. 

People honestly think this time's going to be different.  Hilarious. 

[garbon]

Doesn't matter. Just something else he'll get away with. Again.
Shame people can't seem to get this lesson through their fucking heads. 

Might as well leave them all there, he'll get them back in 2024 anyway.

Maybe try this in 2024.

You don't even fucking live here anymore, so save your bitchiness for, like, Brexit or something.

Still an American, superboo.

[Admiral Yi]

https://www.youtube.com/watch?v=CK_1wcM7388

Judge removes county commissioner who took part in Jan 6 from office and bars him from holding office under Section 3 of the 14th Amendment, that he "participated in an insurrection."  First time this law has been used since 1869.