In fight over Mar-a-Lago docs, Supreme Court rejects Trump appeal - MSNBC

1 year ago 48

Donald Trump continues to look to the Supreme Court for governmental assistance. The erstwhile president besides keeps failing, arsenic we saw again this afternoon. NBC News reported:

The Supreme Court handed erstwhile President Donald Trump a nonaccomplishment Thursday successful his quality with the Justice Department implicit documents seized from his Mar-a-Lago residence, rejecting his petition that a peculiar maestro beryllium allowed to reappraisal classified papers. The justices denied Trump’s comparatively constrictive exigency petition successful a little unsigned order. There were nary noted dissents.

For those who mightiness payment from a refresher, let’s revisit our earlier coverage and reappraisal however we arrived astatine this point.

It was past period erstwhile U.S. District Court Judge Aileen Cannon gave Trump and his lawyers efficaciously everything they wanted successful the Mar-a-Lago scandal: The Trump-appointed jurist approved a petition for a peculiar maestro and blocked parts of the Justice Department’s ongoing investigation.

As we’ve discussed, among ineligible experts from the left, close and center, a consensus formed quickly: Cannon’s determination was ridiculous. Prominent ineligible voices utilized words similar “nutty,” “preposterous” and “oblivious” erstwhile describing the Labor Day ruling. Neal Katyal, a erstwhile acting solicitor general, described the judge’s ineligible investigation arsenic “terrible” and “awful,” earlier concluding: “Frankly, immoderate of my first-year instrumentality students would person written a amended opinion.”

On Sept. 21, a three-judge sheet astatine the 11th Circuit Court of Appeals — including 2 Trump appointees — undid cardinal elements of Cannon’s order.

Harvard instrumentality prof Lawrence Tribe said the 11th Circuit’s ruling work “a batch similar a stern but polite reprimand of a kid caught red-handed who needs to beryllium work the riot act.”

Perhaps astir important were the applicable implications of these developments: Team Trump made a bizarre enforcement privilege statement claiming that a erstwhile president could artifact the enforcement subdivision from reviewing and utilizing its ain materials. Cannon agreed, blocking the Justice Department’s access, and raising questions arsenic to whether the blimpish jurist adjacent understood the conception of enforcement privilege.

The 11th Circuit undid this egregious mistake, telling national officials that they tin again usage the classified materials retrieved from the Republican’s glorified state club.

Team Trump filed a constrictive entreaty with the Supreme Court, related specifically to Judge Raymond Dearie’s entree arsenic peculiar maestro to reviewing the documents. From the NBC News report:

Trump’s lawyers had said the determination to artifact Dearie’s entree “impairs substantially the ongoing, time-sensitive enactment of the peculiar master.” ... Solicitor General Elizabeth Prelogar, connected behalf of the Justice Department, said successful tribunal papers that Trump would endure “no harm astatine all” if the documents are temporarily withheld from the peculiar master. Addressing Trump’s imaginable ownership involvement successful the documents, including imaginable assertions of attorney-client privilege of enforcement privilege, Prelogar said Trump had “no plausible claims.”

The justices responded contiguous with a one-sentence order: “The exertion to vacate the enactment entered by the United States Court of Appeals for the Eleventh Circuit connected September 21, 2022, presented to Justice Thomas and by him referred to the Court is denied.”

If immoderate justices dissented, they kept their concerns to themselves.

Between this quality and the Jan. 6 committee’s subpoena, if the erstwhile president throws a tantrum aboriginal today, astatine slightest we’ll cognize why.

Steve Benen is simply a shaper for "The Rachel Maddow Show," the exertion of MaddowBlog and an MSNBC governmental contributor. He's besides the bestselling writer of "The Impostors: How Republicans Quit Governing and Seized American Politics."

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