From LIKE MARIA SAID PAZ:
A special master needs to be appointed immediately
The arguments raised by the Justice Department are not just familiar but transparently weak. The government argues that Trump lacks standing because the records belong to the United States, not him. However, that is the point. The court is trying to determine who has a right to these documents. The Justice Department itself recognizes that it may have gathered some attorney-client privileged documents in this ridiculously broad search. It allowed the seizure of any box containing any document with any classification of any kind — and all boxes stored with that box. It also allowed the seizure of any writing from Trump’s presidency.
Moreover, the court itself has ample authority to appoint a special master to help sort through such material.
The government and its allies, in my view, misconstrue the impact of Federal Rule of Criminal Procedure 41(g), which provides
” A person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property’s return. The motion must be filed in the district where the property was seized. The court must receive evidence on any factual issue necessary to decide the motion. If it grants the motion, the court must return the property to the movant, but may impose reasonable conditions to protect access to the property and its use in later proceedings.”
However, the Special Master is being used by the Court to determine the status, classification, and categorization of the documents. The Court has the inherent authority to seek such assistance in an independent review of material. Special masters are fairly common helping courts establish the record for ruling on the merits of motions. It may turn out that most or all of this material is properly held by the government, but a Special Master can help establish the record for that decision, including the status of material acknowledged as potential attorney-client material.
The Justice Department also makes the same type of arguments used to oppose the release of a single line of the affidavit in redacted form. It claims that both its investigation and national security would be harmed. That is even less compelling here. A special master would be reviewing documents in a secure facility and would presumably have a clearance. Many of us who have handled national security cases have been cleared for TS/SCI material.
Notably, however, the Justice Department states in a footnote that “the government is prepared, given the extraordinary circumstances, to unseal the more detailed receipt and provide it immediately to plaintiff.” That sounds like (as with the redacted affidavit) that they clearly can release more information, particularly to avoid a Special Master appointment.
The use of such arguments after the release of the redacted affidavit only undermines the arguments further. The Justice Department insisted that the court should not release a single line of the affidavit and that any substantive disclosure would unleash a parade of horribles, from damaging national security to sacrificing witnesses.
For those of us who have litigated cases against the Justice Department, it was an all-too-familiar claim by a department notorious for over-classification and over-redaction arguments. For a week, media pundits mouthed the same exaggerated claims and challenged those of us who argued that it was clearly possible to release a redacted affidavit; liberals suddenly shuddered at the thought of doubting the Justice Department. Then the government produced a redacted version that caused no such harms while confirming important facts in the case.
The raid. Merrick Garland's actions do not instill confidence. The whole thing was questionable to begin with. Donald Trump is expected to run for the presidency in 2024. Joe Biden states he plans to run and his people go after anyone who says otherwise (like Carolyn Maloney). Joe is in charge of the Justice Dept and the JD raids the home of the person who some polls say could beat Joe.
I don't know why I'm so shocked that they don't care about appearances.
They didn't care when it just appeared that Hunter Biden was acting in an unethical manner. Now that we know more, Hunter Biden was using his father's office to enrich his family and how "the big guy" (Joe) knew about it all along.
They need to appoint a special master and do so immediately. It is needed and the longer this is avoided, the more doubts that we the American people are going to have.
"Iraq snapshot" (THE COMMON ILLS):
