[This is a long post. Probably the longest, and most legally detailed one, I’ve written yet. So don’t feel bad if you want to skip some of the nerdier, in-the-weeds legal bits. But because we’re likely to see an opinion from the 11th Circuit in the coming week, I wanted to give you sufficient context to understand the likely legal basis for that ruling. Please leave me any questions you have in the comments, and I’ll try to get back through them before the Court rules.]
This is such a thorough piece and so dense that I’m going to read it again tomorrow. I appreciated your summary, especially helping lay people try to understand this quagmire.
Superb! My burning question: What are chances the 11th Circuit panel will not only favor DOJ’s appeal but also, and as critical, remove Judge Cannon from the case, especially in light of Trump’s motion put before Cannon on Tuesday (very same day) to unseal the warrant! Yikes.
Here’s where you really helped. I did not realize they were vetting “ callous disregard,” and I knew nothing of the relevance to Richie! I thought they were fleshing out whether there were a case precedent for appointing a Special Master “prior to an indictment.” Over and over again would ask, “Have you found such and such?”’ I did not hear the term “callous disregard” as the central point of law. I did not understand that appointing a Special Master would be predicated only if “callous disregard” could be demonstrated.
It was nervy, and I thought inappropriate, if not an intentional lie, for Trusty to assert that Biden directed the “raid,” which Trusty knew better, and which one of the judges jumped in to correct, when in fact, DOJ issued a warrant signed by a judge. In the same sentence, Trusty labeled Biden a political rival, which he was not when the search took place. In fact, Biden hasn’t yet formally declared for 2024. Trusty sounded like a conspiracy peddler, mouthing the kind of smack talk we hear from Majorie Taylor Green or Don, Jr. at Trump rallies or right wing media. You can lie to the press but I thought lawyers couldn’t lie like that in the courtroom. I must be naive. I realize Trusty humiliated himself. But why wasn’t he ejected from the courtroom?
Thanks Joyce. I was feeling encouraged until you said that Dearie’s decisions would be appealed. UGH! Hopefully the 11th circuit will quickly put the kibosh on Trump’s bs & justice will prevail. Thanks!!
Danger Will Robinson. 😂 I say that as well. Fewer and fewer know what it’s from. You have chickens AND remember Lost in Space. (And a brilliant legal mind)
Joyce, I understand that federal judges have wide discretion, but Judge Cannon's rulings in this case seem indefensible. Is there accountability for such conduct beyond a damaged reputation? (besides impeachment)
Excellent as always Joyce. It just gets so frustrating at how slowly the wheels of justice turn. This guy has been out of office for nearly 2 years & we are still waiting for the first shoe to drop in multiple jurisdictions!! As you can see patience is not necessarily one of my virtues when it comes to karma....
An excellent point, and one that I had not considered. You are absolutely right. I guess reputational damage will have to suffice. I hope that Judge Cannon has reached her career peak/end on the bench.
Joyce, we subscribe just for your legal nerdy explanations, particularly of the 11th circuit appellate process. And the chickens. And the knitting. This was a great explanation of the court back and forth. I for one brought popcorn and will be popping it on Sunday evening to be ready for the opinion on Monday. Hope that’s not too optimistic. Thanks for your work to keep us informed!
No, ma'am, it's well within the range of understandability by any adult citizen who wishes to understand what's going on, in my humble opinion.
One of the most elegant way of demonstrating American government is to show it in its intended action pursuant to its careful design.
The legal system is one of the most comprehensible illustrations of design-in-action, or it can and should be. The 11th Circuit is called upon to play out this demonstration and show the excellence of the plan and design of law and its process.
The elegant laws of the United States can be frustrated, twisted and used to exemplify a mockery of law. The more exquisitely crafted an item is, the more easily it can be deformed by shocking mistreatment.
The law is designed to focus the best efforts of reason and understanding in constructing solutions to problems in law; in ethics, in living. If reason is discarded and mischief is the only intention, the rules of law can be perverted in a way to amplify injustice. This is what is on the balance before the 11th Circuit. And Joyce, you have helped us immeasurably in understanding this.
The balance of law and equity and their conflicts matured long before the USA existed. It arose from many elements of English government and society long past. It is relevant today, as equity can be used in the fulfillment of justice, or in its frustration.
I am not legally trained, but am one of the many Americans who believe that our duty is to understand our laws, for their proper promulgation and improvement, and the pursuit of justice. The case before the 11th is a crucible of this process. Thanks, Joyce, for helping us see into the complexity.
So helpful. So, when will President Trump be charged in this matter, found guilty, and be sentenced to spend the rest of his time surrounded by Secret Service at Mara-a-Lago?
This is such a thorough piece and so dense that I’m going to read it again tomorrow. I appreciated your summary, especially helping lay people try to understand this quagmire.
Superb! My burning question: What are chances the 11th Circuit panel will not only favor DOJ’s appeal but also, and as critical, remove Judge Cannon from the case, especially in light of Trump’s motion put before Cannon on Tuesday (very same day) to unseal the warrant! Yikes.
Here’s where you really helped. I did not realize they were vetting “ callous disregard,” and I knew nothing of the relevance to Richie! I thought they were fleshing out whether there were a case precedent for appointing a Special Master “prior to an indictment.” Over and over again would ask, “Have you found such and such?”’ I did not hear the term “callous disregard” as the central point of law. I did not understand that appointing a Special Master would be predicated only if “callous disregard” could be demonstrated.
It was nervy, and I thought inappropriate, if not an intentional lie, for Trusty to assert that Biden directed the “raid,” which Trusty knew better, and which one of the judges jumped in to correct, when in fact, DOJ issued a warrant signed by a judge. In the same sentence, Trusty labeled Biden a political rival, which he was not when the search took place. In fact, Biden hasn’t yet formally declared for 2024. Trusty sounded like a conspiracy peddler, mouthing the kind of smack talk we hear from Majorie Taylor Green or Don, Jr. at Trump rallies or right wing media. You can lie to the press but I thought lawyers couldn’t lie like that in the courtroom. I must be naive. I realize Trusty humiliated himself. But why wasn’t he ejected from the courtroom?
I always look forward to your publications! The longer they are, the happier I am!!
Thanks Joyce. I was feeling encouraged until you said that Dearie’s decisions would be appealed. UGH! Hopefully the 11th circuit will quickly put the kibosh on Trump’s bs & justice will prevail. Thanks!!
Well done! Thanks, Joyce.
Danger Will Robinson. 😂 I say that as well. Fewer and fewer know what it’s from. You have chickens AND remember Lost in Space. (And a brilliant legal mind)
Joyce, I understand that federal judges have wide discretion, but Judge Cannon's rulings in this case seem indefensible. Is there accountability for such conduct beyond a damaged reputation? (besides impeachment)
Excellent as always Joyce. It just gets so frustrating at how slowly the wheels of justice turn. This guy has been out of office for nearly 2 years & we are still waiting for the first shoe to drop in multiple jurisdictions!! As you can see patience is not necessarily one of my virtues when it comes to karma....
An excellent point, and one that I had not considered. You are absolutely right. I guess reputational damage will have to suffice. I hope that Judge Cannon has reached her career peak/end on the bench.
Joyce, we subscribe just for your legal nerdy explanations, particularly of the 11th circuit appellate process. And the chickens. And the knitting. This was a great explanation of the court back and forth. I for one brought popcorn and will be popping it on Sunday evening to be ready for the opinion on Monday. Hope that’s not too optimistic. Thanks for your work to keep us informed!
Thank you, Joyce, for such a clear summary!
We’ve been surprised in the past by unprecedented decisions that appear to favor Trump for no discernible legal reason.
No, ma'am, it's well within the range of understandability by any adult citizen who wishes to understand what's going on, in my humble opinion.
One of the most elegant way of demonstrating American government is to show it in its intended action pursuant to its careful design.
The legal system is one of the most comprehensible illustrations of design-in-action, or it can and should be. The 11th Circuit is called upon to play out this demonstration and show the excellence of the plan and design of law and its process.
The elegant laws of the United States can be frustrated, twisted and used to exemplify a mockery of law. The more exquisitely crafted an item is, the more easily it can be deformed by shocking mistreatment.
The law is designed to focus the best efforts of reason and understanding in constructing solutions to problems in law; in ethics, in living. If reason is discarded and mischief is the only intention, the rules of law can be perverted in a way to amplify injustice. This is what is on the balance before the 11th Circuit. And Joyce, you have helped us immeasurably in understanding this.
The balance of law and equity and their conflicts matured long before the USA existed. It arose from many elements of English government and society long past. It is relevant today, as equity can be used in the fulfillment of justice, or in its frustration.
I am not legally trained, but am one of the many Americans who believe that our duty is to understand our laws, for their proper promulgation and improvement, and the pursuit of justice. The case before the 11th is a crucible of this process. Thanks, Joyce, for helping us see into the complexity.
. What a great explanation of how we got to where we are.
So helpful. So, when will President Trump be charged in this matter, found guilty, and be sentenced to spend the rest of his time surrounded by Secret Service at Mara-a-Lago?
Thank you Joyce for your clear explanations of the "legalese"... you give us Hope!
Thank you Mrs. Vance for your expertise. Have a great weekend.