Wednesday, September 7, 2022

A Ruling Untethered to the Law

 https://www.theatlantic.com/ideas/archive/2022/09/judge-cannon-trump-mar-a-lago-special-master/671349/

Cannon’s opinion, by contrast, is so deeply flawed that it’s hard to know where to begin a critique. Let’s start with the unequal application of the law. Although Trump wallows in feigned claims of persecution, in fact he has been privileged by the Justice Department, and now Cannon, in a manner unheard of for any other defendant. Every defendant would relish the opportunity to delay a criminal investigation by having a court enjoin the government from investigation, but that never happens. The time-honored recourse for someone aggrieved by a search is not to have an unelected judge unilaterally decide to enjoin the constitutionally delegated power of the executive branch to investigate and prosecute. The defense remedy is in a post-indictment motion to suppress evidence from a search.


4 comments :

  1. A Ruling Untethered to the Law” No. The Biden/Harris administration feels an urgent need to indict Trump with a smoking gun. Two witnesses enter a cave and see Reuven dead with bullet hole in forehead. The witnesses see Shimon standing holding a gun with faint smoke coming out of the gun. Under the Law, Shimon gets the death penalty.
    Allow me Torah thought this week’s parsha כי תצא (Deuteronomy 24) “When a man taketh a wife, and marrieth her, then it cometh to pass, if she find no favour in his eyes, because he hath found some unseemly thing in her, that he writeth her a bill of divorcement, and giveth it in her hand, and sendeth her out of his house, 2and she departeth out of his house, and goeth and becometh another man’s wife, 3and the latter husband hateth her, and writeth her a bill of divorcement, and giveth it in her hand, and sendeth her out of his house; or if the latter husband die, who took her to be his wife; 4her former husband, who sent her away, may not take her again to be his wife, after that she is defiled; for that is abomination before the LORD; and thou shalt not cause the land to sin, which the LORD thy God giveth thee for an inheritance.”
    Trump was the husband, in a sense, married to the people 2016 until January 20, 2021. The people made a divorce, in a sense, from Trump November 2020. The people, in a sense, married Biden. Biden, in a sense became the husband married to the people in January 2021. The Torah forbids a woman, twice divorced, returning to her first husband. Does Trump have a chance to become POTUS again? Bravo Joe Orlow’s recent comments. The US vote November 2020 threw out Trump. The US vote November 2024 to re-elect Trump: like a wife going back to the man who threw her out.
    In Deuteronomy 24:1-4 two divorces with the emphasis on the wife. In first, husband divorces wife because “he hath found some unseemly thing in her.” In second, a different husband divorces the same woman “the latter husband hateth her.” My magid shiur says this 2nd husband knew he was not marrying a virgin and can divorce his wife without “he hath found some unseemly thing in her.” Of course the man always pays his divorcee the Kethubah, unless she’s a moredet.

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  2. Really the confidential documents were planted on Hunter Biden's laptop by the FBI

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  3. Ohhhhh...so that's how they practiced planting docs. First simulate doc planting in a digital format on a computer. Next, exit the metaverse and plant docs at Mar-a-Lago.

    The old "Plant Secret Documents and then Ginny Up an Affidavit and Send in the Agents" ploy. Works every time!

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  4. “A Ruling Untethered to the Law” No.
    Update wsj: “The Justice Department’s appeal of Judge Cannon’s special master appointment will be heard by the 11th U.S. Circuit Court of Appeals in Atlanta, which could weigh in on the case relatively quickly—possibly within a few weeks, said Samuel Buell, a professor at Duke University School of Law. “These sorts of emergency appeals can be handled relatively quickly, and everyone knows this case is extraordinarily important,” Mr. Buell said. In her ruling, Judge Cannon wrote that the Justice Department and Mr. Trump disagreed over whether some materials are considered presidential records, which belong to the government, or personal records—and which documents could hold evidentiary value. Appointing a special master to resolve such matters would add to the “appearance of fairness” regarding the investigation of the former president, she wrote.”

    Allow me Torah thought this week’s parsha כי תצא (Deuteronomy 24) “When a man taketh a wife, and marrieth her, then it cometh to pass, if she find no favour in his eyes, because he hath found some unseemly thing in her, that he writeth her a bill of divorcement, and giveth it in her hand, and sendeth her out of his house, 2and she departeth out of his house, and goeth and becometh another man’s wife, 3and the latter husband hateth her, and writeth her a bill of divorcement, and giveth it in her hand, and sendeth her out of his house; or if the latter husband die, who took her to be his wife; 4her former husband, who sent her away, may not take her again to be his wife, after that she is defiled; for that is abomination before the LORD; and thou shalt not cause the land to sin, which the LORD thy God giveth thee for an inheritance.”

    The Torah forbids a woman, twice divorced, returning to her first husband. In Deuteronomy 24:1-4 two divorces with the emphasis on the wife. In first, husband divorces wife because “he hath found some unseemly thing in her.” In second, a different husband divorces the same woman “the latter husband hateth her.” My magid shiur says this 2nd husband knew he was not marrying a virgin and can divorce his wife without “he hath found some unseemly thing in her.” Of course, a man can divorce his wife without “he hath found some unseemly thing in her” if she initiates the divorce process by saying divorce me. Of course the man always pays his divorcee the Kethubah, unless she’s a moredet.

    ReplyDelete

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