Pray for Judges . But todate we have nothing beyond a list of statues that might have been violated. You have been trying to pass off an August 2022 press release as if it came a couple of years earlier. Your still looking for an illegal ACT, and despite your efforts to read the law overly broad, you still do not have one. Weve been proudly donor-supported for two decades, but our future will depend on the action our readers take today. 22-13005-F IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT DONALD J. TRUMP, Plaintiff-Appellee, v. UNITED STATES OF AMERICA, Defendant-Appellant. . Another clue is that Obstruction is nearly impossible without an underlying crime. I would further note that the PRA bars the Current president from access to the records of the prior president even if they are classified without going to court. Though the DOJ is now allowed to look at the classified documents, the department stated in its brief why it believes examining all of the material is important. https://www.onenewspage.com/video/20220923/14956099/Guess-Where-Obama-Clinton-and-Both-Bush-apos.htm. On Appeal from the United States District Court for the Southern District of Florida MOTION FOR PARTIAL STAY PENDING APPEAL JUAN ANTONIO GONZALEZ United . The court, however, has agreed to expedite the matter. Chris Walker is a news writer at Truthout, and is based out of Madison, Wisconsin. All rights reserved. [1] https://justthenews.com/sites/default/files/2022-09/gov.uscourts.flsd_.618763.125.0.pdf, https://www.documentcloud.org/documents/22924672-motion-for-extension-of-time. Circuit Court of Appeals has granted a request from the Justice Department to stay portions of a ruling by U.S. District Judge Aileen Cannon that had. Donations are down across the board, making it absolutely imperative that we raise what we need to meet our news production costs this month. That proof is far more important that catching Trump, in the unlikely event he actually committed a crime. As I wrote previously, The Eleventh Circuit could always go further on its own to strike down the order or indicate unease with the order as a whole but the Justice Department is only seeking a narrow remedy on the strongest claim dealing with classified documents. The 11th circuit appeal court erred, but ultimately the FBI was getting the material marked classified. The question now is whether the Justice Department will push forward to seek to challenge the rest of the order and the very basis for the appointment of the Special Master. Citations Copy Citation. Again, Plaintiff offers no response. Dearie has scheduled next status conference for 10/6/22. The Eleventh Circuit is one of the thirteen United States . Special Master Dearie has already lost patience with the Trump team in failing to support declassification claims and, correctly, said that he will proceed under the view that these documents remain classified in the absence of such proof. Because you are sending it to Mar-a-Lago or where ever you are sending it. There can be a process, but there doesnt have to be. The U.S. Department of Justice Tuesday asked the U.S. Court of Appeals for the Eleventh Circuit to reverse a federal judge's ruling that lifted the Biden administration's public. The trial judge's order was widely panned as an unwarranted interjection into a criminal. The notion that that can somehow be a crime requires the extremely delusional assumption that, in the exercise of their recognized Constitutional powers, POTUS (or any other elected official) could make a mistake placing them in legal jeopardy from another branch of government. Or he must have done something with them at MAL such as sold them to the Saudis All rights reserved. The DOJ's filing in the 11th Circuit Court was in response to Trump's lawyers and sought to resume its review of the 100 'classified' documents seized by the FBI magically Bidens act caused Trump to have committed a crime without acting. Market data provided by Factset. Trumps teams response should be Prove I didnt. We cannot (and do not) decide the merits of this case. The Justice Department could elect to take the win and let Dearie proceed with his review (while litigating control or possession before the lower court). Magistrates do that all the time. The appeal will be heard by the 11th Circuit Court of Appeals in Atlanta. Without such limiting powers, it is obvious that POTUS literally could declassify everything with a thought.. Given the evidence we currently have there is no probable cause of a crime, and therefore the warrant was unconstitutional. The United States Court of Appeals for the Eleventh Circuit quickly granted the Justice Department's application that it expedite the government's appeal of Florida federal district judge . You are reading things into the law that are not there "Justice Department seeks end to special master's review of Trump docs." (b) The case depends on two things: How sensitive are these documents? Those photos were pulled from an envelope with Top Secret markings, and they were the Crown Jewels of our spy satellite programs. At the same time, the 11th Circuit handed down its decision to curtail the earlier Special Master order to allow prosecutors to resume their review of documents marked classified. , but he is widely expected to lose that appeal. Dont quote statute numbers quote the law that mentions the former President and its link. Dearie's deadline to review the documents was extended to Dec. 16. For the District of Columbia Circuit - John G. Roberts, Jr., Chief Justice The DOJ must submit a brief arguing why it believes a special master isnt needed by October 14, while Trumps lawyers must submit a brief by November 10. There doesnt have to be a process. Trumps possession was OBVIOUSLY authorized. Latest Published Opinions. You cannot admit that the warrant ALLEGES crimes. Though the DOJ is now allowed to look at the classified documents, the department stated in its brief why it believes examining all of the material is important. On Wednesday, the United States Court of Appeals for the Eleventh Circuit narrowed the order of U.S. District Judge Aileen M. Cannon by allowing the Justice Department to regain access to the roughly 100 classified documents seized among roughly 11,000 documents at Mar-a-Lago. The special masters deadline to review the documents twas extended from 11/30 12/16/22. Trump had asked the Supreme Court to intervene, requesting that Justice Clarence Thomas, who has jurisdiction over the 11th Circuit, reverse the courts ruling that allowed the Justice Department to continue its review of classified documents seized by the FBI, and instead direct Dearie to review those records. The 11th Circuit Court of Appeals issued an order shortening the timeline for the Justice Department and Trump's lawyers to finish submitting legal briefs to the court by November 17 after the DOJ . You've successfully subscribed to this newsletter! Read the 11th US Circuit Court of Appeals ruling here. The burden of proof in motions and petitions is on the moving party. There are roughly 11,000 documents and 1,800 other items being held from the search on Mar-a-Lago. Apparently you are, which has nothing to do with my original comment. More than 11,000 government documents 300 of which were classified have been retrieved from Mar-a-Lago in 2022. thanks anyway, (and I will, as always, let you get the last word in, so you will not erroneously interpret my subsequent silence as acquiescence.) The Justice Department's reply, filed late Tuesday night, said the 11th Circuit has jurisdiction over both the injunction and the special master appointment because Cannon, the trial judge,. The DOJ has now filed its brief with the 11th Circuit Court of Appeals seeking to stop the entire Special Master process. No. The Justice Department challenged that order at the 11th Circuit, though, arguing that the DOJ should be able to continue its review of the approximately 100 documents bearing classification markings seized during the raid. Imelda v. U.S. Att'y Gen., 611 F.3d 724, 729 (11th Cir. But were still facing an existential threat to our survival, and we cant keep publishing without your support. UNITED STATES COURT OF APPEALS . ", WASHINGTON, DC - AUGUST 11: U.S. Attorney General Merrick Garland explains to reporters that he will not take questions after he delivered a statement at the U.S. Department of Justice August 11, 2022 in Washington, DC. That is how our system of justice is supposed to work. Court of Appeals Administrative Offices 96 Poplar Street, N.W. DOJ has got what it wants. You really think ordinary people Trust the FBI/DOJ or the courts on this ? None of the know facts supports a warrant. . appreciated. DOJ Asks 11th Circuit To Overturn Entire Cannon Order Josh Kovensky 10/14/2022 The Florida judge who blocked the DOJ's investigation into classified records held at Mar-a-Lago undermined. Dearle and Cannon near certain have TS/SCI clearance. Trumps possession does not become unauthorized because Biden takes the oath of office. And that is whether there is probable cause that a crime has been committed. The 11th Circuit Appeals panel has not yet been assigned, and an argument date has not yet been scheduled. Powered and implemented by FactSet Digital Solutions. Only Biden has the power to say no. And read the rest of the law. Your effort and contribution in providing this feedback is much Worse the immplication LITTERALLY is that DOJ is seeking to recover declassified crossfire huricane material. Date published: Jun 3, 2022. Many legal experts believe the appointment was unnecessary, as the DOJ already had a separate team of researchers determining whether or not the documents were privileged. The Attorney General has delegated this discretion to the IJs within the United States Citizenship and Immigration Services. You can not even get a Single Element of 18 US 793(e). Pray for Courts! Democrats impeached Trump for acts that are far less egregious and far more justified. That is more than a legal burden that can be met in secret with a magistrate. An Oct. 5 order assigned the appeal to an 11th Circuit special merits panel and gave the DOJ until Friday to file its initial brief, with Trump's response due Nov. 10. There is obvious probable cause regarding Biden family corruption. Court: United States Court of Appeals, Eleventh Circuit. 1330 (11th Cir. Subscribe to Lucian Truscott Newsletter to keep reading this post and get 7 days of free access to the full post archives. 56 Forsyth Street, N.W. Good luck. Trumps lawyers had argued against the DOJs claims that a special master was unnecessary in a brief they submitted earlier this week. Yesterday, FNN aired two episodes about this legal saga: 1.in a 5 segment On Sunday Night in America, former AG Bill Barr weighed in with his opinion [1]: The United States Court of Appeals for the Eleventh Circuit is a federal appellate court with appellate jurisdiction. 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