Trump Handpicked Special Master’s First Hearing ‘Not Going Well’ for Trump Attorneys: ‘That’s the End of It’
In a Brooklyn courtroom hearing held by Senior U.S. District Judge Raymond Dearie, the Trump handpicked “special master” appeared to signal the Trump team has little ground to stand on.
Judge Dearie is tasked with determining which, if any of the more than 11,000 items federal agents seized from Mar-a-Lago should be returned to the former president, or be singled out over attorney-client privilege claims. He was directed to focus first on the 100 or so that DOJ wants to use to continue their investigation, and to use to determine how badly national security has been harmed.
Trump is making many claims including that the items are covered by executive privilege, attorney-client privilege, were declassified, were reclassified as personal records, and others.
READ MORE: ‘He Knew Nothing About So Many Things’: Trump White House Staffers Were ‘Startled’ by His Ignorance
“This is not a criminal case; this is a civil matter,” said Judge Dearie, early into Tuesday afternoon’s hearing.
Law & Crime‘s Adam Klasfeld reports, “That means plaintiff (Trump) has the burden to establish need for relief, he notes.”
About 30 minutes in, national security lawyer Brad Moss tweeted, “This Special Master gambit does not appear to be going well for TFG at all,” referring to Trump as “TFG,” the former guy.
Another strong indictor the case was not going well for team Trump, also from Klasfeld:
“Big from Dearie: He presses Trump’s lawyers on what he’s supposed to do. The government provided ‘prima facie evidence’ of classification, ie, the markings. ‘As far as I’m concerned, that’s the end of it.'”
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In other words, Judge Dearie is suggesting if the Trump team is refusing to give him proof of which documents were declassified, which they are refusing to do, he will be forced to take the Dept. of Justice’s word.
Attorney Tristan Snell, who successfully prosecuted the Trump University case for the Manhattan DA’s Office, observes: “Judge Dearie makes clear he is taking government’s position that the classified Mar-a-Lago documents are in fact classified. ‘What business is it of the court? … As far as I’m concerned that’s the end of it.’ Trump’s insistence on a special master is NOT going well.”
Later, on the refusal to discus declassification, Judge Dearie told Trump attorney Jim Trusty, “You can’t have your cake and eat it,” Klasfeld noted.
The Daily Beast reports, “Special Master Raymond Dearie indicated Tuesday that this case could be very simple, and that Trump may be in trouble.”
The headline at Politico was equally harsh for the former president’s attorneys: “Special Master expresses skepticism with Trump team’s assertions.”
“Judge Raymond Dearie pushed Trump’s lawyers repeatedly for refusing to back up the former president’s claim that he declassified the highly sensitive national security-related records discovered in his residence,” Politico reported.
The hearing, marred by technical issues with countless people on the audio line refusing to mute their phones, lasted barely 45 minutes.
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Trump Lawyers in Classified Docs Case Quit Hours After Indictment: Report
Attorneys representing Donald Trump in the U.S. Dept. of Justice’s prosecution of the former president on what reportedly are seven categories of federal felonies have resigned from representing him, just hours after a grand jury indicted their client.
“Two lawyers who represented Donald Trump in the months before he was indicted on federal charges over his handling of classified documents quit working for him Friday morning,” CNBC reports.
“This morning we tendered our resignations as counsel to President Trump, and we will no longer represent him on either the indicted case or the January 6 investigation,” Trump attorneys Jim Trusty (photo) and John Rowley said in a joint statement, according to CNN’s Alayna Treene.
“The attorneys,” CNBC also reported, “did not explain in detail why they had resigned, other than to say that ‘this is a logical moment’ to do given his indictment Thursday in U.S. District Court in Miami.”
READ MORE: ‘Disgraced’ Trump-Appointed Florida Judge Initially Assigned to Oversee Ex-President’s Criminal Case: Report
The Guardian’s Hugo Lowell reports, “Trump announces on Truth Social that Todd Blanche will be his criminal defense attorney in the Mar-a-Lago docs case with another firm yet to be named. Jim Trusty and John Rowley are out.”
This is far from the first time Trump’s lawyers have quit.
Less than one month ago, as Alternet reported, “Timothy Parlatore, an attorney for Donald Trump, made a major announcement on Wednesday, May 17: He is leaving the former president’s legal team.”
Trusty appeared on CNN just Thursday night, to defend Trump.
Watch video below or at this link.
CNN lets Trusty make unsubstantiated claims 5 times, lets him to make false claims about the Special Counsel, lets him call a warranted search a raid (tho does finally call him on talking about THAT but not when he got a target letter). https://t.co/YEoBYnLzRt
— emptywheel (@emptywheel) June 9, 2023
This is a breaking news and developing story. Details may change.
‘Disgraced’ Trump-Appointed Florida Judge Initially Assigned to Oversee Ex-President’s Criminal Case: Report
A federal judge whose highly-controversial rulings favoring Donald Trump were derided by legal experts and judges on a higher court, has been initially assigned to the U.S. Dept. of Justice’s criminal case against the ex-president, who appointed her to the bench three years ago.
Judge Aileen Cannon, known for agreeing to Trump’s request by assigning a special master to review the entirety of federal government documents the FBI retrieved from Mar-a-Lago last summer during the execution of a search and seizure warrant will, at least for now, oversee the government’s case allegedly charging Donald Trump with seven different felony categories in its classified documents probe, according to ABC News.
“The summons sent to former President Donald Trump and his legal team late Thursday indicates that U.S. District Judge Aileen Cannon will be assigned to oversee his case, at least initially, according to sources briefed on the matter,” ABC News reports.
READ MORE: Trump Lawyers Blindsided by Existence of Bombshell Recording – ‘They Don’t Know How to Defend This’: Maggie Haberman
“Cannon’s apparent assignment would add yet another unprecedented wrinkle to a case involving the first federal charges against a former president: Trump appointed Cannon to the federal bench in 2019, meaning that, if Trump is ultimately convicted, she would be responsible for determining the sentence – which may include prison time – for the man who elevated her to the role.”
Cannon, agreeing to Trump’s request to appoint a special master last September, also halted the Dept. of Justice’s use of those materials, which included at least one hundred classified documents, in its criminal investigation into Trump.
Harvard University professor emeritus of constitutional law, Laurence Tribe, called Judge Cannon’s special master decision “utterly lawless,” and said: “She has disgraced her position as an Article III judge.”
ABC News notes that “Legal experts [had] accused Cannon of handing Trump a series of head-scratching victories over the course of those proceedings,” and added, “Cannon’s order was ultimately thrown out in its entirety by an 11th Circuit Court of appeals panel, which found she overstepped in exercising her jurisdiction in the probe.”
The 11th Circuit issued a scathing rebuke of Judge’ Cannon’s decision to appoint the special master. One week later, without explanation or reasoning, she overruled the special master’s decision and extended deadlines – decisions which favored Donald Trump.
RELATED: ‘Pure Essence of Judicial Corruption’: Morning Joe Panelists ‘Stunned’ by Cannon’s Ruling on Classified Docs
Cannon is not the only judge whose name appears on the summons.
“In addition to Cannon, Magistrate Judge Bruce Reinhart’s name also appeared on the summons sent to Trump on Thursday, the sources said,” ABC adds. “Reinhart, who was sworn in as a magistrate judge in 2018, is also familiar with the proceedings against Trump: he signed off on the initial search warrant of Mar-a-Lago last year and later ruled to unseal the search affidavit – decisions that made him the target of antisemitic jabs on the internet.”
The New York Times in August of last year reported, “in a segment on Fox News, a host showed a manipulated photo that appeared to show Judge Reinhart seated on a plane with Ghislaine Maxwell, Mr. [Jeffrey] Epstein’s companion who had been convicted last year of aiding Mr. Epstein in sexually abusing minors.”
Brian Kilmeade, the Fox News host, the following day tweeted: “Last night while subbing for Tucker Carlson, we showed you an image of Judge Bruce Reinhart w/ Ghislaine Maxwell that was sourced on screen to a meme pulled from Twitter & wasn’t real. This depiction never took place & we wanted to make clear that we were showing a meme in jest.”
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The Times noted “the scrutiny of Judge Reinhart has also prompted the local authorities to step up security. His synagogue canceled a Friday night Shabbat service last week in response to multiple antisemitic threats, and the police in his neighborhood said officers had intensified patrols near his house.”
Professor of Law Joyce Vance, an NBC News/MSNBC contributor and former U.S. Attorney responded to the news of Cannon’s assignment. Pointing to an earlier case as precedent, Vance says: “This is persuasive authority that Judge Cannon must step aside if the case falls to her as a permanent assignment. Her court & certainly the 11th [Circuit] won’t tolerate the damage it would do to their credibility if she failed to voluntarily recuse.”
Trump Lawyers Blindsided by Existence of Bombshell Recording – ‘They Don’t Know How to Defend This’: Maggie Haberman
CNN on Friday morning obtained a bombshell transcript of a recording in which former President Donald Trump boasts of retaining “secret” military information that he never declassified while he was president.
Appearing on CNN shortly after this news broke, New York Times reporter Maggie Haberman revealed that the former president’s team was essentially blindsided by this recording’s existence.
“I don’t think they quite know how to defend this… from what we have heard,” she said. “They were… startled by the existence of this tape. This tape was something that they learned existed when this aide to Trump testified. The prosecutors were already in possession of this tape. They didn’t get it from the aide, although it appears the aide had a copy when it was subpoenaed later, but this is has been described to us by multiple sources… as a really problematic piece of evidence for Trump.”
Haberman predicted that the recording’s existence would not change the Trump legal team’s overall defense strategy, however.
READ MORE: ‘He’s just not that smart’: Trump buried by Morning Joe for handing investigators all they need
“I think they are going to stick that their line: ‘He says things, he didn’t mean it a certain way,'” she said. “I am sure they can come up with all kinds of explanations for why he used the language he used. But it’s on tape.”
Trump is due in court in Miami next week to face seven felony counts related to his handling of top-secret government documents.
Watch the video below or at this link.
Image via Shutterstock
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