Question about DOJ

[gab13by13]

Can DOJ only appeal judge Cannon's stay to the Appeals court? If DOJ can get the stay removed the situation isn't so bad.

[MerryHolidays]

1. On questions of paramount national importance, they can appeal directly to SCOTUS

or at least request to do so.

This is what happened in US v. Nixon. District Court Judge John Sirica ruled that Nixon had to turn over tapes to Special Prosecutor Leom Jaworski. Even though the Special Prosecutor won the case, he appealed it directly SCOTUS given it's critical importance to ongoing criminal trial. It was huge gamble, but SCOTUS was fed up with Nixon.

While SCOTUS is not the same, I cannot imagine that anyone (except Clarence "Ginny" Thomas) on SCOTUS wants to help this buffoon.

[live love laugh]

3. You can't imagine the SC wants to help **? I can't imagine otherwise.

I hope you’re right.

[Fiendish Thingy]

5. SCOTUS ruled 8-1 against Trump claim of EP back in January. Nt

[MerryHolidays]

9. And it's the same SCOTUS that would hear issues arising out of the search

Other than Clarence Thomas, as you pointed out, it was 8-1 against Trump (and Clarence "Ginny" Thomas should have recused himself, which William Rehnquist did in US v. Nixon.

I cannot imaging that these same 8 justices want to keep this fool around. They owe him absolutely nothing. Yes, Dobbs sucks, but that's a very different issue than supporting Donald Trump.

[crickets]

11. 👆👆

Clarence Thomas is not to be trusted at all for any ruling, but the full court has more sense on this particular issue. National security breaches this grave are taken seriously, even by the nuttiest handmaiden jackasses among them. Definitely it would be better to roll with SCOTUS as a whole rather than trying to appeal in the 11th District with Thomas.

[MerryHolidays]

12. The problem is the one onenote pointed out

To bypass the 11th Circuit and go to SCOTUS, the case has to be before the CoA to begin with. The fact pattern worked in the Nixon case, but I don't think it works here. Trump is not going to appeal Cannon's ruling. The DoJ has to do that, and they have to do it to the 11th Cir.

[crickets]

13. Drat, I misread before.

There's no time for this foot-dragging crap. I hope DOJ has a plan or we're all toast.

[onenote]

6. SCOTUS Rule 11 spells out the procedure

Last edited Wed Sep 7, 2022, 02:33 PM - Edit history (1)

Rule 11:

A petition for a writ of certiorari to review a case pending in a United States court of appeals, before judgment is entered in that court, will be granted only upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this Court. See 28 U. S. C. § 2101(e).

In Nixon v US, Nixon appealed the district court's denial of Nixon's motion to quash a subpoena to the Court of Appeals. The government filed a petition for certiorari before judgment, and then Nixon filed a cross-petition for certiorari before judgment.

[MerryHolidays]

8. You are absolutely right. The case has to get to the CoA to begin with

That's why there were cross-petitions at SCOTUS in US v. Nixon.

Nixon lost before Judge Sirica, and he appealed to the DC CoA. Here, the DoJ "lost" before Cannon, and Trump is clearly not going to appeal. So, is it the case that the 11 Circuit is as good as gets for DoJ?

Sincere thank you for your detailed answer on Rule 11!

[GregariousGroundhog]

7. Clarence Thomas is assigned to review emergency petitions from the 11th circuit

The 11th circuit includes Florida, and Clarence Thomas is the one who is assigned to review emergency petitions from that particular circuit.

[MerryHolidays]

10. Not an expert on this, but I think this is literally on emergency petitions only

For example, where a stay in a death penalty case is requested on an emergency basis. That would go to the justice in charge of that CoA, but the entire SCOTUS can, effectively, overrule that justice.

Boy, Trump is no fool. He moved from NY to FL, packed the FL courts with his people and the same with the 11th CoA, and Clarence "Ginny" Thomas hears emergency petitions from the 11th CoA. He is a monster, but he knows EXACTLY what he is doing folks.

[mucifer]

2. My question is does President Biden now not have

Access to the information in the documents or is all this info trump took now gone?

Are their copies that The government has?

[Fiendish Thingy]

4. I think you mean get the injunction removed

A stay would suspend the judge’s ruling and injunction, which would be a good thing.

I will be surprised if DOJ doesn’t appeal and seek a stay.