I hate being the wet blanket, and I certainly hope that Larry Tribe and I are wrong, but there may be some irrational exuberance going around regarding the news that the DOJ has appealed Judge “Loose” Cannon’s ruling appointing a special master to delay?…gum up… stymie the FBI’s criminal investigation into Trump’s theft of documents.
Yes, it is a hopeful sign that Cannon has requested that the Orangeutan’s lawyers reconsider their original request for an arbiter, at least as it pertains to classified documents, as a way of defusing the issue that threatens to clearly expose her as the utter and complete tool of TFG that she is.
But we haven’t heard from asswipe’s lawyers yet, and there is a good chance that they will tell Cannon to sit on it, effectively throwing the matter to the auspices of the 11th Circuit Court in Atlanta a – Court dominated by Republican appointees – and half of it’s number appointed by der Gropinfuhrer himself.
Laurence Tribe is doubtful of The Government prevailing in the 11th…
Yup. Totally lousy opinion. Utterly lawless. But 6 of the 11 judges on the 11th Circuit Court of Appeals are Trump appointees rather like District Court Judge Cannon. Sadly, that tells you more than the learned analysis by @neal_katyal does. Sigh. https://t.co/FgnS2zFE3X
— Laurence Tribe (@tribelaw) September 6, 2022
Yes, yes, I (and, BTW, Tribe) are aware that in the past Judges appointed by Trump have frustrated his attempts to overthrow the 2020 Presidential election, and we can always hope that reason prevails again… but even so, there is no guarantee that the 11th will even hear the appeal.
Why, you say?
Well, read Mrs. Betty Bowers’ hint as to why that may be true…and then I’ll explain…
The appeal will be heard by the 11th Circuit Court of Appeals in Atlanta.
First, it is packed with Trump justices.
Second, the Circuit Justice is Mr & Mrs. Clarence Thomas
— Mrs. Betty Bowers (@BettyBowers) September 8, 2022
Just what is the function of a “Circuit Justice” and why does it matter that the one that will weigh the merits of this this appeal is Clarence Thomas?
First, just what is a Circuit Justice
“Each of the thirteen federal circuit courts is assigned one Supreme Court Justice who then considers certain appeals (e.g., emergency requests and other matters) from his or her assigned circuit while other aspects of the case are still pending. The Chief Justice of the United States is responsible, under 28 U.S.C. 42, for allotting circuit justices “in vacation.”
And from the same page, confirmation that Bowers is correct and that Thomas is the Circuit Judge over the 11th…
“United States Court of Appeals for the Eleventh Circuit — Justice Clarence Thomas – Alabama, Florida, and Georgia”
So, the merits of the DOJ’s appeal will be “considered” by the Justice whose wife is an open Trump Insurrectionist.
Just great.
As I said at the onset, I fervently hope that Tribe, myself (and Mrs. Bowers), are wrong and the appeal passes Judge Clarence Sedition and his wife’s scrutiny, the docs are freed up to be used in prosecution, conviction and resulting in drumpf’s being locked up in SuperMax for the rest of his sorry life, and all live happily ever after.
Happy day!
But don’t count on it.
Trump, McConnell and that asshat Don McGahn didn’t spend four years packing the courts so that Republican officials can be held to account for bringing fascism to our shore.
We may still be in for a fight.
Equal justice under the law is the second greatest American hypocritical lie. The first is printed on our money: In God We Trust.
“In God we triuust (all others pay cash on the nail)”
First of all, they haven’t appealed yet, to the 11th circuit. What they have done, is asked the judge to modify her ruling, asking that the classified documents be exempted from review by the special master and remain with the DOJ. I don’t think that she will be able to refuse that, given that 1. The classified documents do not belong to Trump 2. He stole them. 3. They have not been, nor should they be properly declassified 4. Attorney client priviledge in no way pertains to them and 5. Executive priviledge no longer exists for Trump as an ordinary citizen.
The DOJ has given the judge 7 days to make a decision, and only then will they make their appeal, probably on the same limited grounds, to the 11th circuit.
In my view, they have done this exactly right, and masterfully. She really has no grounds on which to deny their limited request.
When Tribe made his analysis, he was thinking that the entire ruling would be appealed. That turns out NOT to be the case, and it was a slick decision.
Furthermore, they’ve made it clear that she, personally, is currently impeding the national security investigation and causing irreparable harm to the nation’s security. If she doesn’t comply with their request with alacrity, I think they could indict HER! Gotta love it!
You are correct that this is just a promise to appeal at this point, but it is phrased as an appeal everywhere so forgive me.
Still, I don’t trust it will play out as you suggest, because I suspect the whole thing has been gamed out since he took up residence in FLA.
It isn’t that Mr. Tribe is lying or that he doesn’t know what he’s talking about. He isn’t and he does. He’s ignoring the distinct possibility these appellate judges are close enough to a possible s.c. seat they can practically taste it-they’ve got to be looking at Thomas drooling at the thought they’re one good heart attack/stroke away from a seat opening up. They also know that a decision so egregious it might not have support from republicans, not only democrats. It is still the case nominees for the s.c. can be filibustered. If you make an obvious political hack sort of decision on the appellate court, you can kiss the possibility of a nomination for the s.c. good-bye.
Sure, maybe they’re playing a long game of treason. Yeah, that’s possible. But is former guy so desirable? Do they want their names to go down in history as traitors to our nation and stupid ones at that?
Maybe. But as I understand it the Circuit Master can deny or delay the appeal even being heard.
Well, if that happens, the appeal should be directed straight to the Supreme Court. And Thomas would DEFINITELY have to explain why he would deny or delay an appeal.
I also really doubt that Thomas is going to want to draw any more heat in his direction, given his troubles from earlier this year–not to mention the missus’s little potential legal troubles coming up in the next few weeks.
I don’t think he gives a rat’s ass which is why he doesn’t bother to explain his wife being a seditious cult member. We’re relying on shame, reputation, and history? Hasn’t stopped them yet. As far as frumpy’s pocket judge worrying about her career, that’s also laughable. Guess when you see a belligerent rapist drunk and a member of a church cult get the nod, you realize the road to Hell is wide. Might as well stay on it.
Clarence is a Justice for life,,and he knows it. He can do whatever he and the Federalists Society want. And he will.
🫰