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Started By
Message
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Posted on 9/16/22 at 11:51 am to loogaroo
quote:
Why not?
Because Trump's personal, privileged documents would not be considered matters of national security. There would be no reason to mark them as "Top Secret" because they should never leave Trump's possession. If Trump shares a privileged document with anyone, it ceases being privileged.
Posted on 9/16/22 at 12:01 pm to cajunangelle
Special Masters are often appointed in cases to assist judges with complex/nuanced issues or volume cases. They’re not standard, but they’re also pretty common in complex or exceptionally document-intensive litigation. I don’t know anything about this case, but it doesn’t seem like this is something out of left field if it involves independent document determinations to prevent the judge from being biased at trial. For example, if the judge looks at this stuff herself, she may rule that some of it is inadmissible but she can’t unsee the documents she reviewed so it could potentially cause prejudice because she’s a human being with a memory.
shite, there’s a special master over every single hurricane case in Calcasieu Parish right now, state or federal. There’s too many cases so the judges have a special master to help oversee a settlement process.
shite, there’s a special master over every single hurricane case in Calcasieu Parish right now, state or federal. There’s too many cases so the judges have a special master to help oversee a settlement process.
Posted on 9/16/22 at 12:32 pm to GumboPot
Ummm . . . who has been leaking?
Posted on 9/16/22 at 12:49 pm to Dixie Normus
Train derailments and chemical releases from plants often get special masters too. I know lawyers who have a decent share of their practice being appointed special masters by different courts.
Posted on 9/16/22 at 1:09 pm to Dixie Normus
quote:
I don’t know anything about this case, but it doesn’t seem like this is something out of left field if it involves independent document determinations to prevent the judge from being biased at tria
The main reason you don't know anything about this case is that there is no case. Trump did not file a complaint, and he hasn't been indicted. Trump merely filed a motion for a special master. I'm not sure the Federal District Court even has jurisdiction.
Trump is certainly entitled to judicial review to protect his Fourth Amendment and privacy rights. But I think he should have sued the DOJ for violating his rights, and filed a motion for PI and appointment of a special master.
Or maybe he should have filed his motion with the magistrate judge who signed the warrant.
Although I practice primarily in Federal Court, my cases are all pretty standard and formulaic. I'm not an expert on jurisdiction or Federal appeals.
I know that a court can turn any responsive document into an answer, so maybe the rules allow the judge to turn Trumps motion into a complaint seeking injunctive relief.
Regardless, the contents of the documents are not currently potential evidence to be brought before this judge at trial. She may need to rule on whether certain documents are excluded from the warrant, but she doesn't currently have any other issues before her.
This post was edited on 9/16/22 at 1:11 pm
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