ANDREW C. MCCARTHY is a senior fellow at National Review Institute
Posted on 09/06/2022 3:01:28 PM PDT by conservative98
I had a column on Monday analyzing Judge Aileen Cannon’s order, earlier in the day, granting former president Trump’s petition for a special master to review materials the government seized from Mar-a-Lago last month pursuant to a search warrant. That analysis focuses on what I believe is the main issue raised by Judge Cannon’s decision: the possibility that Trump, as a former president, retains not only some measure of executive privilege but also the authority to invoke that privilege against the executive branch of the incumbent administration.
In this post, I want to focus on a couple of other aspects of the Florida federal district judge’s ruling that, like the executive-privilege issues, will be front and center if (and almost certainly when) the Justice Department appeals.
Proceeding by Separate Civil Action
I doubt there will be much squawking over Trump’s gambit in filing a separate civil lawsuit rather than simply moving for a special-master appointment before the magistrate judge (Bruce Reinhart) who issued the warrant. By this maneuver, Trump’s got the question in front of a Trump-appointed district judge rather than Reinhart, whom he colorably claims is biased against him. (I am not saying there was any lack of basis for Reinhart to issue the warrant; I am merely noting that Reinhart had previously recused himself from a Trump lawsuit against Hillary Clinton.) Judge Cannon dismisses any concerns about Trump’s suit in a footnote (p.7, n.7), citing authority that permits a party to proceed by a civil action prior to any indictment.
Jurisdiction
More problematic, however, is the judge’s rationale for exercising equitable jurisdiction. Cannon concedes that her authority to intercede on that basis is “reserved for ‘exceptional’ circumstances.” Her conclusion that there are such circumstances here is based some dubious assumptions.
(Excerpt) Read more at nationalreview.com ...
I’ll unpack this unpacking on radio today https://t.co/kZFabs4V5F— Mark R. Levin (@marklevinshow) September 6, 2022
Live Andrew C. McCarthy and Bill Barr beatdown by Mark Levin in a couple minutes:
https://www.iheart.com/live/77-wabc-5349/
I hate the use of “unpack” when they mean analyze or parse. Like nails on a chalkboard.
Thank you. McCarthy is an Arch Mega Never-Ever Trump who really doesn’t deserve a micron of anyone’s time.
Pack my box with five dozen liquor jugs.
(all of the alphabet)
What’s going on with Bill Barr? I saw him on Fox News today, and I don’t understand him.
Has Andrew McCarthy found this in his unpacking?
The Federal Judge’s Special Master Order Reveals Biden’s Direct Involvement In Trump Raid And Six Other Bombshells
Zell Miller-ish
Mark Levin and Greg Kelly have discussed it. Bar is unhinged and obsessed because he was fired or resigned depdning on what source you read. He is embarassed and trying to get even. The goal now is to stop Trump from getting the nomination and running.
Thomas Sowell?
That surprises me.
This guy thinks that Trump has no “standing” to have his presidential records, and conflated personal documents and property returned. So there’s the nebulous “standing” argument from the government again. Obama kept millions of documents for his library, and Hillary kept government docs on a private server, and no one in the government cares. The duly elected POTUS keeps a few boxes of documents, and the FIB raided his house to grab as much personal data as possible about the first family. This is really sick. People like Andrew C. McCarthy can go ‘eff off.
Andy McCarthy is a 1st class douc*ebag. Didn’t he say last week that the judge wouldn’t grant a special master?
You know I came up with this thought...with the judge and trump delaying this a total of 4 weeks this may actually show that the FBI’s privilege review team didn’t do the job they were supposed to do. And this gives another angle of attack that the FBI received privileged info and all those on the current team need to recuse themselves.
I wonder why he didn’t mention anything about the FBI’s delay in serving the search warrant if it was of vital national interest.
Quite the Never Trump POS isn’t he?
The UNIPARTY NeverTrump faction is losing their minds.
He was a US Attorney at one pint and, apparently, somehow made a name for himself prosecuting a case.
Does anyone remember or know what it was?
Or is that he’s a full fledged NeverTrump POS and uses his former position in a way as to be some sort of authority on things?
He was a US Attorney at one pint and, apparently, somehow made a name for himself prosecuting a case.
Does anyone remember or know what it was?
Or is that he’s a full fledged NeverTrump POS and uses his former position in a way as to be some sort of authority on things?
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