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Did SCOTUS kick Trump's MAL defense in the teeth?

cosmickid

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So Trump's flunky Judge (Cannon) has been trying to throw a lifeline to his ridiculous attempts to delay and obfuscate the basic facts regarding the documents he stole. He's not allowed to have the documents (Govt property) whether they're classified or not, and just taking them was a violation of the Presidential Records Act. All these baseless claims about "Executive Privilege" and the possibility of "attorney-client Privilege" are likely no more than an attempt to shield him from the repercussions of documents which likely show him engaged in criminal acts.

Common sense says he isn't throwing a tantrum over the documents being his because he just wants to own them. Although the idea of trying to profit off of them is not something you can completely dismiss when Trump and his overwhelming greed are involved...

I actually think that Cannon's ridiculous rulings are going to be systematically obliterated thru the appellate process, and the DOJ will likely win on any issue they choose to appeal. But in my mind, the SCOTUS always seemed to be the stumbling block to the process, and I'm sure Trump was relying on SCOTUS to be his ultimate protector as well.

However, a couple of decisions from SCOTUS today may have altered that calculation, and shown that even this Court has a point where their tolerance for nonsense has some sort of limit. First off, and only peripheral in a broad sense to the MAL case is the Court refusing to hear Mike Pillow's appeal in his defamation case. Basically the Court is saying that Dominion's 1.3 Billion suit vs Lindell (which my guess is they'll win) can go forward. I'd like to think that even the rightest of Justices are basically saying it's time to reign this lunatic in, but I'm guessing the vote was close.

This article doesn't give the vote totals, just informs of the decision not to hear the case...


Now much more consequential for Trump/MAL is another case the Court declined, which involved the DOJ's ability to use "filter teams" in Korf vs US. Basically Korf tried to claim that it was illegal for the DOJ to use "filter teams" of agents/personnel not involved in the current case to review documents and determine "privilege". That's exactly what Trump has maintained in MAL, so to my layman's mind, it seems the Court is basically rejecting Trump's claims outright. Although they are doing so by proxy via a totally different case.

For the legal Beagles...

"The Justices denied a writ of certiorari in Korf v. United States, which questioned the legality of “filter team” protocols that allow teams of federal prosecutors and agents not assigned to a given case to review seized documents claimed to be privileged before the privilege question has been resolved.

The former president’s defenses for how and why the documents ended up at Mar-a-Lago has shifted, but one of his claims stymying DOJ review of the materials is that the documents contain privileged information.

In Korf, a “filter team” of DOJ attorneys reviewed materials seized during an investigation before a court had responded to claims of privilege on those documents."



Another tidbit. From the article it appears that the ruling (that the Court upheld) in Korf, came from the 11th Circuit. That's the same Court involved in the MAL case, and to me it would indicate that SCOTUS is saying the issue of "filter teams" is settled. Could that also undermine the whole concept of the need for a "Special Master"?
 
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He's now asked SCOTUS to overrule the 11th circuit and send the classified documents back to the special master for review.
I haven't seen any of the tally's and who voted aye or nay on these issues. But I'm thinking there's a hardcore three of Alito, Thomas and possibly Gorsuch, who might have been inclined to support Pillow and maybe Korf, but they couldn't find others crazy enough. Or maybe the rejection was unanimous, and their are limits to the degree even Alito and Thomas are enamored with Trump/MAGA...

Hopefully this coalition of rationality/reason will hold and not give in to Trump's whining/threats. There has got to be some crazy stuff he doesn't want us to know about in "his papers"...

Btw did you catch KBJ's dissection of the AL Solicitors claim in oral arguments regarding the 14th Amendment and the VRA today. Imho she completely demolished his absurd claims regarding the race neutrality "intent" within the 14th. Not sure he knew what hit him...

 
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Hopefully this coalition of rationality/reason will hold and not give in to Trump's whining/threats. There has got to be some crazy stuff he doesn't want us to know about in "his papers"...

The legal talking heads on the commie network seem to think the Supremes will draw the line at this latest gambit. Nevertheless, it still gums up the works and slows things down, which is always at least part of Team Trump's reasoning. We will see.

Btw did you catch KBJ's dissection of the AL Solicitors claim in oral arguments regarding the 14th Amendment and the VRA today. Imho she completely demolished his absurd claims regarding the race neutrality "intent" within the 14th.

KBJ may have been talking to the AL lawyer, but she was addressing the "originalist" Justices who will all vote to allow Alabama to gerrymander the state based on race while claiming the opposite. She was calling preemptive bullshit.
 
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The legal talking heads on the commie network seem to think the Supremes will draw the line at this latest gambit. Nevertheless, it still gums up the works and slows things down, which is always at least part of their reasoning. We will see.



KBJ may have been talking to the AL lawyer, but she was addressing the "originalist" Justices who will all vote to allow Alabama to gerrymander the state based on race while claiming the opposite. She was calling preemptive bullshit.
Speaking of preempting bullshit...

For all the non-racists who will claim that KBJ lacks the "experience" to sit on SCOTUS. No one here, of course...

 
Speaking of preempting bullshit...

For all the non-racists who will claim that KBJ lacks the "experience" to sit on SCOTUS. No one here, of course...

So another blow to Trump today as SCOTUS has declined to get involved in his request for an emergency intervention to stay the 11th Circuit's ruling. I imagine this is a shock to Trump since Thomas could have unilaterally granted his request and chose instead to refer it to the whole court which refused...

Massive speculation, but I wonder if Thomas's ongoing controversy regarding Ginni''s activities played a part in his decision? Was it just too much heat for Thomas to unilaterally take up Trump's cause, or did he just think the decision was beyond the scope of one man's personal opinion?

"Associate Justice Clarence Thomas referred the request to the court, which did not explain its reasoning for the denial in an unsigned order. There were no noted dissents.

Trump, who has fought the Department of Justice's review of those documents since August in court as well as on the campaign trail, asked the Supreme Court to allow an independent arbiter, or special master, to review about 100 classified documents.

The Justice Department pushed back on that request in a filing Tuesday, telling the Supreme Court that Trump – as a former president – had no claim on the documents.

The Supreme Court's decision is the latest step in a convoluted dispute playing out in four federal courts: the Supreme Court, the Atlanta-based U.S. Court of Appeals for the 11th Circuit, U.S. District Court in Florida and a special master’s court in Brooklyn. Though a loss for Trump, the decision will not end the litigation over the record"

Could the bolded indicate SCOTUS's tacit approval of that characterization?


And now with the Jan 6th Committee issuing a subpoena for Trump, could this be a signal from SCOTUS that Trump's on his own?
 
So another blow to Trump today as SCOTUS has declined to get involved in his request for an emergency intervention to stay the 11th Circuit's ruling. I imagine this is a shock to Trump since Thomas could have unilaterally granted his request and chose instead to refer it to the whole court which refused...

Massive speculation, but I wonder if Thomas's ongoing controversy regarding Ginni''s activities played a part in his decision? Was it just too much heat for Thomas to unilaterally take up Trump's cause, or did he just think the decision was beyond the scope of one man's personal opinion?

"Associate Justice Clarence Thomas referred the request to the court, which did not explain its reasoning for the denial in an unsigned order. There were no noted dissents.

Trump, who has fought the Department of Justice's review of those documents since August in court as well as on the campaign trail, asked the Supreme Court to allow an independent arbiter, or special master, to review about 100 classified documents.

The Justice Department pushed back on that request in a filing Tuesday, telling the Supreme Court that Trump – as a former president – had no claim on the documents.

The Supreme Court's decision is the latest step in a convoluted dispute playing out in four federal courts: the Supreme Court, the Atlanta-based U.S. Court of Appeals for the 11th Circuit, U.S. District Court in Florida and a special master’s court in Brooklyn. Though a loss for Trump, the decision will not end the litigation over the record"

Could the bolded indicate SCOTUS's tacit approval of that characterization?


And now with the Jan 6th Committee issuing a subpoena for Trump, could this be a signal from SCOTUS that Trump's on his own?
I think it’s a signal that the Court, including Thomas, thought it was a frivolous petition.
 
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