Blog Credo

The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary.

H.L. Mencken

Tuesday, September 6, 2022

Special Master

 Everything I'm hearing from legal sources that I trust has this to say about the appointment of a Special Master in the seizure of classified documents:

- It is, at best, just a delay in proceedings
- It is a terrible decision unbound by precedent or common sense.
- It is an example of how corrupted the judiciary is becoming.

Special Masters are supposed to be neutral lawyers who assess whether evidence is covered by attorney-client privilege. None of the documents fall under attorney-client privilege. The judge seems to suggest that the Special Master assess whether the documents are covered by Executive Privilege, except Trump does not get to claim Executive Privilege as a former president. 

Ultimately, the most important decision in the short term is WHO gets appointed Special Master. If it's another Trumpist legal figure, we will have a true case of corruption on our hands. If it's an impartial legal figure, frankly the matter should be resolved in a few days, because it's all bullshit.

The precedent that this could establish would wreck criminal law and/or establish that ex-presidents are above the law.  Awful as an idea, hopefully just a nuisance in practice.

No comments: