January 30, 2023

NO RESCUE: Trump Supreme Court appeal of DOJ doc seizure denied

SEARCH SEIZURES: Trump is panicking because he may have to do this for a judge

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The Supreme Court just summarily denied the former President’s last-ditch efforts to keep a hundred sensitive national defense documents retrieved with a criminal search warrant from Mar-a-Lago out of the hands of federal law enforcement.

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Former President Donald J. Trump is the subject of a major criminal investigation into his unlawful possession of sensitive classified information. After the FBI searched his Palm Beach, Florida home at a seaside resort, Trump filed a federal lawsuit to appoint a Special Master to review the copious documents seized.

Last month, Trump’s legal team filed a lengthy petition to the Supreme Court, which went to Justice Clarence Thomas, who has come under fire for ruling on a case where his wife’s connection to the Trump White House conflicted with his interests. The court issued a directive giving the parties two weeks to file their reply and response, which ended two days ago with the Department of Justice’s response.

Today, the Supreme Court delivered its answer in a single paragraph:

Application to vacate the stay entered by the United States Court of Appeals for the Eleventh Circuit on September 21, 2022, presented to Justice Thomas and by him referred to the Court is denied.

A Florida-based federal judge, who Trump appointed, gave him an expansive order to review the records.

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But the Department of Justice successfully carved out an exception for the most important records for both national security; and for prosecuting a criminal case.

Only sixteen days after the district court judge’s ruling to freeze the FBI’s use of the top-secret records for a Special Master’s review, the 11th Circuit Court of Appeal granted law enforcement’s request for a stay of the lower court.

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More importantly, that 11th Circuit ruling established a legal precedent from the court that is essentially affirmed today.

Department of Justice prosecutors are challenging the entire Special Master’s appointment in the 11th Circuit, and the judges just agreed to expedite the decision a week ago.

Legal experts have loudly disparaged the district court rulings that established a Special Master, and today’s ruling shows that they have significant backing from the Supreme Court.

SCOTUS’ ruling did not contain any dissenting opinions.

Grant Stern

Editor at Large

is the Executive Editor of Occupy Democrats and published author. His new Meet the Candidates 2020 book series is distributed by Simon and Schuster. He's also a mortgage broker, community activist and radio personality in Miami, Florida., as well as the producer of the Dworkin Report podcast. Grant is also an occasional contributor to Raw Story, Alternet, and the DC Report, an unpaid senior advisor to the Democratic Coalition, and a Director of Sunshine Agenda Inc. a government transparency nonprofit organization.

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