Special Masters

September 2, 2022

Special Masters

Special Masters

Mark Rubin

Former Guy wants a new shiny object: a Special Master! A what?

Special Masters

Judges appoint special masters to assist them with some part of a case. Their role depends on the case but every special master acts subject to the limits of the order appointing them. Always, the judge makes final decisions.

Let’s start here: We are dealing with criminal proceedings, albeit at an early stage. Nothing in the Federal Rules of Criminal Procedure provides for appointing a special master. But, federal and state courts believe judges have inherent authority to appoint a special master.

The Federal Rules of Civil Procedure provide for appointing masters expressly in Rule 53. The rule provides for lots

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The Fifth Amendment and Former Guy (Trump)

August 12, 2022

The Fifth Amendment and Former Guy (Trump)

The Fifth Amendment and Former Guy (Trump)

Donald J. Trump

My oh my! Former Guy appeared for a deposition – testimony under oath – on August 10, 2022. He relied on the Fifth Amendment to the U.S. Constitution as a basis for providing no substantive responses.

The Fifth Amendment

The relevant language in the constitutional amendment states: “No person … shall be compelled in a criminal case to be a witness against himself … .” I don’t know what Former Guy said, in fact: Reporting suggests that he used the words “same answer” repeatedly. Generally, a witness who relies on the Fifth Amendment says, more or less, “I refuse to answer on the grounds that an answer may tend to

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Search Warrant at Mar-A-Lago

August 9, 2022

Search Warrant at Mar-A-Lago

B-Bye Donald J. Trump

Former Guy

The Federal Bureau of Investigation served a search warrant at Mar-a-Lago, Former Guy’s Palm Beach Palace, yesterday. Let the whining begin!

I expect that the FBI and those in charge at Main Justice obtained the search warrant because they believe Former Guy / others have committed serious crimes. This man deserves no more respect than anyone else when it comes to investigations of criminal conduct. That said, I am confident that the powers that be understand prosecutorial discretion. Yes, if evidence suggests a crime, authorities should investigate. However, reports of a roach in the White House would not and should not generate a criminal investigation of WH occupants for possession of marijuana.

Merrick Garland

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