Etiquette



DP Etiquette

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Monday, September 12, 2022

Authoritarian Republican legal wars are just as radical, irrational and bad faith as its political wars

When [Trump] Judge Aileen Cannon [a/k/a/ Loose Cannon] granted Donald Trump’s request for a special master to review the documents seized from Mar-a-Lago by the FBI in August, blocking prosecutors from using those documents in their investigation until that review was complete, the legal community did not hold back in its assessment of the decision. “To any lawyer with serious federal criminal court experience who is being honest, this ruling is laughably bad, and the written justification is even flimsier,” Samuel Buell, a Duke University law professor, told The New York Times. Judge Cannon’s decision “was utterly lawless. She has disgraced her position as an Article III judge,” constitutional law professor Laurence Tribe tweeted. “This special master opinion is so bad it’s hard to know where to begin,” wrote former US acting solicitor general Neal Katyal. “Frankly, any of my first year law students would have written a better opinion.”

Cannon’s bizarre decision was largely based on the (very flawed) thinking that because some of Trump’s personal items were seized along with the large volume of classified material, the DOJ could no longer, for the time being, use said classified material in its criminal investigation. Which is a lot like someone saying a murder investigation couldn’t move forward because the police took one of the suspect’s favorite T-shirts, in addition to a knife with the victim’s blood on it, when they searched his house. Obviously, this logic makes zero sense, which is why the Department of Justice is giving Cannon a few days to come to her senses. 

Vanity Fair quotes Politico on the possibility that Loose Cannon would reverse her corrupt, crackpot ruling:
The offer to Cannon presents her with a difficult choice. Her opinion was criticized for failing to fully grapple with the government’s argument that Trump doesn’t own the classified documents he stored at Mar-a-Lago. She lumped all of the seized property together as potentially Trump’s, and gave enormous weight to the argument that any of the documents seized could potentially be subject to privilege claims. She was essentially saying that DOJ couldn’t be trusted and that the special master should sort things out.

From what we’ve seen so far, our bet is that Cannon doesn’t accept this deal outright. Doing so would require her to reverse arguments that she’s already made about potential privilege claims and her (widely criticized) position that Trump could suffer irreparable harm from the investigation itself.


The Republican war is fully engaged 
Let’s face it. The Republican Party autocrat-kleptocrat-theocrat assault on democracy, inconvenient truth, inconvenient reasoning, the rule of law and civil liberties are just as intense, bad faith, mendacious and morally corrupt as its political and social attacks. The war is now fully engaged on all major fronts by the entire GOP.

That most rank and file Republicans see little or none of this and support with their votes it is now a major part of the threat. It used to be the elites were leading the charge and were the major threat. But now that all the propaganda, lies, crackpottery and slanders have sunk in, the rank and file is fully engaged. Evidence? There’s this analysis from FiveThirtyEight, for example:

There are a lot of election deniers on the ballot. Out of 540 total Republican nominees running for office, we found 199 who FULLY DENIED the legitimacy of the 2020 election. These candidates either clearly stated that the election was stolen from Trump or took legal action to overturn the results, such as voting not to certify election results or joining lawsuits that sought to overturn the election.

.... 118 election deniers and eight election doubters have at least a 95 percent chance of winning.

Republican Party election denier map
Election denial = radical right
autocrat-kleptocrat-theocrat

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