1.#Affidavit: The magistrate judge is likely stalling. If he issues an order to release any part of the affidavit and Govt objects within 14 days, the issue goes to Art III judge to review under the contrary to law or clearly erroneous standard. He likely knows what's coming.
2. FRCP Rule 59. Matters Before a Magistrate Judge
(a) Nondispositive Matters. A district judge may refer to a magistrate judge for determination any matter that does not dispose of a charge or defense. The magistrate judge must promptly conduct the required proceedings
(a) Nondispositive Matters. A district judge may refer to a magistrate judge for determination any matter that does not dispose of a charge or defense. The magistrate judge must promptly conduct the required proceedings
3. and, when appropriate, enter on the record an oral or written order stating the determination. A party may serve and file objections to the order within 14 days after being served with a copy of a written order or after the oral order is stated on the record, or at some other
4. time the court sets. The district judge must consider timely objections and modify or set aside any part of the order that is contrary to law or clearly erroneous. Failure to object in accordance with this rule waives a party's right to review.
5. So if they take to next Monday to submit a redacted copy, basically redacting everything, and the court issues an order on Wednesday, then the USA can appeal on Sept 7. And if you're not keeping track, Sept 8 is 60 days from the midterms. By then the charges will be filed
6. and the case will be transferred to DC. And assuming that some of the affidavit contains classified information, the affidavit will then be handled under CIPA and only #45s attorneys with a precious TS/SCI clearance will get to see it.
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