Saturday, September 10, 2022

Special Master Candidates: Two Nominated by DOJ and two from Trump’s Team

Top three are sound candidates 
(Bottom one not so hot)

The following is reporting from Raw Story of the September 10 MSNBC interview segment with former U.S. Attorney and legal analyst Barbara McQuade who was asked in part by MSNBC host Ali Velshi this question:Is there some sense that this special master actually has an impact on the outcome of this investigation?”

She responded and made the case that no matter who is selected as the special master to review documents Donald Trump hid at Mar-a-Lago, the former president will likely lose his battle to keep the DOJ from using them as part of their government obstruction investigation.

Her specific reply: In the end, probably not. You know, I can't imagine any special master is going to say that the government is not allowed to look at the classified documents. These are documents created by agencies in the intelligence community. I can't imagine any world in which those are privileged and stay outside of the review of the government. You know maybe attorney-client privilege documents have already been segregated from the investigative team by a filter team at the FBI. I am sure that a special master would pull those back. There is some debate about executive privilege. Even that, I think the government has the upper hand on that argument. The documents at the heart of this case, the classified documents revealing national defense information? Those are going over to the government no matter who looks at them. Eventually, the government is getting those documents – they are gonna be part of this case.”

Updated: Now, let’s meet the four candidates picked from the pool of those for the “Special Master” task. Only one will be chosen and must be agreed on by both sides story here from Business Insider:

The DOJ proposed picks:

 (1) Barbara S. Jones: A retired judge of the U.S. District Court for the Southern District of NY and a partner at Bracewell LLP. She was appointed to the bench by former President Bill Clinton in 1995 and retired after 17 years. She also served as the special master in cases involving two of Trump's former personal attorneys: Michael Cohen and Rudy Giuliani.

(2) Thomas B. Griffith: A retired Circuit Judge of the U.S. Court of Appeals for the DC Circuit and a current lecturer at Harvard. He was appointed to the D.C. circuit by former President George W. Bush in 2005 and served until 2020.

Trump's proposed picks:

(1) Raymond J. Dearie: A former U.S. attorney and former Chief Judge of the U.S. District Court for the Eastern District of NY. He was appointed to the NY Eastern District by former President Ronald Reagan in 1986, and served as Chief Judge from 2007 to 2011. He was also one of the judges who signed off on the surveillance of Trump campaign aide Carter Page during the Russia investigation, according to The New York Times.

(2) Paul Huck: Founder of the Huck Law Firm and former Deputy AG for Florida. He served as general counsel to former FL Gov. Charlie Crist from 2007 to 2008, He also is a former partner at the law firm Jones Day, and he is listed as a contributor to the Federalist Society, a national organization of conservative lawyers.

My 2 Cents: Seems like a good pool to choose from – my choice just from what I read and fact that Judge Jones has been a Special Master before, I would pick her. Now we have to wait to see who Judge Cannon selects. 

Then both sides have to agree on the final pick. That part could get very nasty since Cannon and Trump appear to have the same name in mind?

I think we can agree that at this stage in this very serious classified document case that it is heavily tied to clever, slick, and skilled legal and lawyer wrangling, and very time consuming. 

We also know that when Trump is faced with any serious legal action against him that his tactic is very simple, and that is to stall, deflect, distract, deny, and delay as long as possible.

In this case however, it seems Trump as has hit a brick wall and I think he will be prosecuted for very serious Federal crimes dealing with national security and classification breaches that possibly threaten the nation and people who work for us in undercover operations that help keep us safe.

The utmost critical question in this whole Mar-a-Lago classified document mess is just this simple: 

Where are the Top Secret/SCI documents?

Time will tell us even as Trump tries to run out the clock as he always does in these matters, so stay tuned. 

In the end, however, I honestly think that Donald J. Trump is going down and rightly so.

Thanks for stopping by.

 


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