The government just moved, by brief, to have the Eleventh Circuit panel set aside essentially the entirety of silly Aileen Cannon’s trial court orders.
It makes a plain but muscular case that she (as we’ve long said) was acting under no authority in issuing it. Here are all 48 pages — and a bit:
…[Trump] cannot successfully invoke the privilege to prevent a review of Executive Branch documents by “the very Executive Branch in whose name the privilege is invoked.” Nixon v. GSA, 433 U.S. at 447-49. Even if Plaintiff could assert such a claim, it would be overcome here by the government’s “demonstrated, specific need” for evidence in a criminal investigation. United States v. Nixon, 418 U.S. at 713. The government’s need for the records bearing classification markings is especially compelling because those records are the very object of the government’s investigation of potential violations of 18 U.S.C. § 793….
The records recovered by the government during the August 8 search that bear classification markings are the very records that Plaintiff was required to produce on June 3, and over which he raised no claim of executive privilege. Having failed to produce documents responsive to a lawful grand-jury subpoena, [Trump, the] Plaintiff, should not be rewarded with an opportunity to further delay the government’s investigation by interposing such privilege claims now. Cf. Ramirez v. Collier, 142 S. Ct. 1264, 1282 (2022) (“When a party seeking equitable relief ‘has violated conscience, or good faith, or other equitable principle, in his prior conduct, then the doors of the court will be shut against him.’” (quoting Keystone Driller Co. v. General Excavator Co., 290 U.S. 240, 245 (1933))) ….
No wonder the boys are yammering on and on, about (non-relevant, let alone compelling) U. of Minn. med school aspirational oaths. They need to turn the page on Tangerine’s coming national secrets stealing (multi-felonies) indictment.
How very droll.
Powerline Lies... 