Actually, the able US AG filed almost an hour… early. And she just buried Trump:
If Justice Thomas has any other notion in his mind — other than dismissing Tangerine, outright — I am certain there are five solid votes at the Supremes to deny him, via a terse opinion. Here’s the government’s fine 34 page argument, hot off the digi-presses — as it were:
…[N]otably, applicant [Trump] has not even attempted to explain how he is irreparably injured by the court of appeals’ partial stay, which simply prevents disclosure of the documents bearing classification markings in the special-master review during the pendency of the government’s expedited appeal.
Applicant’s inability to demonstrate irreparable injury is itself sufficient reason to deny the extraordinary relief he seeks in this Court. Indeed, applicant does not challenge the court of appeals’ determinations that applicant will suffer no meaningful harm from the limited stay, App. A at 27-28; that the government would have been irreparably injured absent a stay, id. at 23-27; and that the public interest favors a stay, id. at 28-29. As the court explained, “allowing the special master and [applicant’s] counsel to examine the classified records” would irreparably injure the government because “for reasons ‘too obvious to call for enlarged discussion, the protection of classified information must be committed to the broad discretion of the agency responsible, and this must include broad discretion to determine who may have access to it.’” Id. at 27 (quoting Department of the Navy v. Egan, 484 U.S. 518, 529 (1988))….
[After over 16 months of obstruction by Trump,] [t]he government executed the warrant on August 8, 2022. The search recovered more than 11,000 documents from the storage room and applicant’s private office, roughly 100 of which bore classification markings, with some indicating the highest levels of classification and extremely restricted distribution. App. B at 4 & n.4; see App. D at A51 (photograph); App. G (inventory). In some instances, even FBI counterintelligence personnel required additional clearances to review the seized. D. Ct. Doc. 48, at 12-13 (Aug. 30, 2022). ….
In sum, Tangerine will not (because he cannot!) explain how he is harmed by the government having access to its own top secret documents, to prosecute a grand jury proceeding, after a judicially-sanctioned search warrant was issued, properly served and executed — the obvious objective of which is to obtain an indictment (on suspicion of numerous felonies), against Trump himself. Game over.
Onward, grinning….
Powerline Lies... 