It was based upon a motion that even Bill Barr called a “crock of shit”
Surprise! The judge ruled in favor of Trump and said a Special Master must be appointed to look at not only any Attorney Client privilege but Executive Privilege as well:
This ruling is preposterous—especially the part where it blocks the government from continuing to use materials already in its possession.
At the very least, that last ruling creates an immediately appealable injunctive-like order, which DOJ can now take to the Eleventh Circuit.
Never thought I’d have to teach about “executive privilege” as a basis for bringing a claim *against* the executive branch.
Originally tweeted by Steve Vladeck (@steve_vladeck) on September 5, 2022.
Ridiculous:
This ruling is ridiculous and will be immediately appealed by DOJ.
the standing argument makes no sense with respect to any executive privilege invocations and Cannon barely addresses it.
is Trump arguing every classified document is subject to executive privilege?
If not, why would this apply to classified materials?
the Rule 65 analysis conflicts with recent rulings on using Rule 65 for procedural issues, including a case @MarkSZaidEsq and I lost
even if executive privilege does apply, what is the purpose of this relief?
They still are NOT personal records then and would absolutely not be subject to return to Trump under Rule 41.
how on earth is the IC doing it’s damage assessment without the FBI being involved? That’s ludicrous. So these are EP-protected records for criminal purposes but not for national security purposes? How does that even work???
Trump got every break here. Every single one. Delay delay delay.
/end
Originally tweeted by Bradley P. Moss (@BradMossEsq) on September 5, 2022.
Let’s face it. There is every likelihood that they are going to end up making a special Trump exception which says that any document he says belongs to him does belong to him and him alone and he can do with it whatever he wants. It’s only fair.
Update—
Looks like I’m not the only one who sees this coming: