Wednesday, September 21, 2022

The Special Master and Ukraine

Watch "BREAKING: Appeals Court RESPONDS to DOJ Mar-A-Lago Search Motion and SETS DEADLINE for Trump" on YouTube
https://youtu.be/yQS5tMs-LpA

Also Watch "Mary Trump Shoots Down Fears that an Indictment of ‘Uncle Donald Trump’ is ‘Too Divisive”" on YouTube

Special Master can moot the question by reviewing 100 classified documents by noon on Friday. Trump does not want possession. He wants a get out of jail free card on Ukraine. Question is whether his appeals filing will mention that. On one side, such mention says "investigate me!" rather than expecting SM to exclude such things as deliberative privilege or policy. Like the rule on not indicting a sitting president, this is DOJ legal theory, not settled law.

On Ukraine, the controlling case law is Hamdi. Because Congress almost unanimously supported sanctions against Russia and aid to Ukraine, Trump cannot have a foreign policy that violates that policy so such discussions are not covered. Executive Privilege allows advisors to be candid. The privilege is as much the it's as the President's. When the President is acting illegally, advising him or her to do so cannot be protected. When the President has a freer hand, there is an argument for protection that needs to be litigated - although that does not apply in this instance.

The reason for a special master is to examine the facts and make an initial finding that can allow the law to be ruled on. This cannot wait for a jury.

The judge is not ruling corruptly. The DOJ position is not entirely tested. It may not be testable hear because of Hamdi. Also, Rudy was Trump's handler, not his attorney. He was also not a sworn member of the executive branch. There is no protection for Russian spies. Special Master review is needed to consider these 2 questions.

DOJ arguments should also mention Ukraine, but they don't want to tip their hand either. If both sides laid all of their cards on the table, Trump would be forced to make a deal and negotiate penalties. Unless the Government seeks capital punishment, using Walter Reed Bethesda as Arkham Asylum is where this is headed - or Bedminster with DoD psych doctors providing care to a house arrested Trump. No Warden wants him. Too disruptive.

Does any of this make sense to you? Are any of my positions or facts likely incorrect? Open your minds.

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