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LetMyPeopleVote

(145,046 posts)
Tue Oct 11, 2022, 05:18 PM Oct 2022

Justice Dept. asks Supreme Court to deny Trump's request in Mar-a-Lago case

Source: Washington Post

The Justice Department asked the Supreme Court on Tuesday to deny a petition from Donald Trump’s attorneys in the Mar-a-Lago search case, arguing that allowing an outside arbiter to review the classified documents seized from the former president’s Florida residence would “irreparably injure” the government and that Trump has no “plausible” claims of ownership over these sensitive government materials.

Trump’s legal team last week made a technical and narrow petition to the court, asking the justices to reconsider a portion of an appeals court ruling that granted the Justice Department’s request to keep the classified documents separate from a review of seized material being conducted by the outside expert, known as a special master.

FBI agents seized more than 11,000 documents from Trump’s Florida residence and private club, including 103 with a variety of classification markings.

The former president’s lawyers have argued that the appeals court lacked authority to prohibit the special master from reviewing the classified materials. They asked the Supreme Court to allow the outside expert to examine those sensitive government documents.

In its September ruling, the U.S. Court of Appeals for the 11th Circuit also said Justice Department could immediately resume using the classified documents in its criminal investigation — something that the lower court had prohibited until the special master completed his review. While Trump’s lawyers requested that the Supreme Court allow the classified documents to be reviewed, they did not ask the justices to prohibit the government from using those materials in its criminal probe.

The Justice Department on Tuesday pushed back against the Trump lawyers’ arguments that the appeals court lacked jurisdiction to say what the special master could review, saying the panel of judges had authority to review the entire ruling appointing a special master, not just portions of it.

This is a developing story and will be updated.

Read more: https://www.washingtonpost.com/national-security/2022/10/11/trump-supreme-court-special-master-justice-department/

25 replies = new reply since forum marked as read
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Justice Dept. asks Supreme Court to deny Trump's request in Mar-a-Lago case (Original Post) LetMyPeopleVote Oct 2022 OP
This is a well done brief LetMyPeopleVote Oct 2022 #1
I predict: joshdawg Oct 2022 #3
See post #4. nt MarineCombatEngineer Oct 2022 #5
You predicted wrong. onenote Nov 2022 #22
Care to revise your prediction? MarineCombatEngineer Nov 2022 #24
It's nice to see you having a humor attack six weeks after my prediction turned out to be wrong. joshdawg Nov 2022 #25
link to the brief (FYI) MissMillie Oct 2022 #16
Sadly the SC doesn't mind going extrajudicial BlueIdaho Oct 2022 #2
You mean like his requests for the SC to take up his bullshit election fraud cases? MarineCombatEngineer Oct 2022 #4
Maybe it's the fact that I have zero confidence in the SC. BlueIdaho Oct 2022 #7
They have life time appointments, MarineCombatEngineer Oct 2022 #8
Those lifetime appointments could work for TFG BlueIdaho Oct 2022 #12
So why didn't they "stand by their man" during the 2020 elections? MarineCombatEngineer Oct 2022 #14
I think this is different --in that in this case the SC will do anything possible to keep riversedge Oct 2022 #9
Why? MarineCombatEngineer Oct 2022 #13
+1 orangecrush Nov 2022 #23
How would granting Trump's motion keep him out of jail? onenote Oct 2022 #19
This case may be my last straw. TomSlick Oct 2022 #6
THIS!! riversedge Oct 2022 #10
Yes! joshdawg Oct 2022 #15
Because they should follow the law? TomSlick Oct 2022 #18
Not so much following the law, but joshdawg Oct 2022 #20
In the Interest of National Security, POTUS has a National Security interest at Risk. it seems tp me msfiddlestix Oct 2022 #11
The parts I liked the best EndlessWire Oct 2022 #17
NBC and others are reporting that SCOTUS denied TFG's request. TomSlick Oct 2022 #21

joshdawg

(2,647 posts)
25. It's nice to see you having a humor attack six weeks after my prediction turned out to be wrong.
Fri Nov 25, 2022, 12:11 AM
Nov 2022

Why did you wait so long?
Just curious.

MarineCombatEngineer

(12,327 posts)
4. You mean like his requests for the SC to take up his bullshit election fraud cases?
Tue Oct 11, 2022, 07:29 PM
Oct 2022

Oh wait, they turned him down every time, so what makes you think that they'll do any different this time?

I seriously doubt the SC will take up this matter.

BlueIdaho

(13,582 posts)
7. Maybe it's the fact that I have zero confidence in the SC.
Tue Oct 11, 2022, 08:15 PM
Oct 2022

They’ve thrown the idea of precedence out the window and seem hell bent on re-writing the constitution to fit with their ChristoFascist agenda.

YMMV.

MarineCombatEngineer

(12,327 posts)
8. They have life time appointments,
Tue Oct 11, 2022, 09:36 PM
Oct 2022

why would they give 2 pennies about Benedict Donald?
They sure didn't care about him on his bullshit stolen election lawsuits, and neither did just about every other court, and alot of them were Benedict's nominations.

My prediction is that they will refuse to hear this bullshit appeal.

BlueIdaho

(13,582 posts)
12. Those lifetime appointments could work for TFG
Tue Oct 11, 2022, 10:36 PM
Oct 2022

Who cares what the people think? They will stand by their man. In the end time will tell.

MarineCombatEngineer

(12,327 posts)
14. So why didn't they "stand by their man" during the 2020 elections?
Tue Oct 11, 2022, 11:54 PM
Oct 2022

Wouldn't that have been the easier route to take at the time?

Sorry, but I have to disagree with you on this, IMO, the SC is not going to do anything different this time either.

riversedge

(70,177 posts)
9. I think this is different --in that in this case the SC will do anything possible to keep
Tue Oct 11, 2022, 09:57 PM
Oct 2022

Trump out of jail. IMHO

MarineCombatEngineer

(12,327 posts)
13. Why?
Tue Oct 11, 2022, 11:50 PM
Oct 2022

Why would they want to keep Benedict out of prison?
Again, why would they give 2 pennies about him?

Going by what they did during his ridiculous lawsuits, IMO, I don't see them doing anything different.

onenote

(42,661 posts)
19. How would granting Trump's motion keep him out of jail?
Wed Oct 12, 2022, 01:43 PM
Oct 2022

Last edited Wed Oct 12, 2022, 07:09 PM - Edit history (1)

If its granted -- and I'll be surprised if it is -- all it would do is let Dearie review the classified documents. The part of the 11th Circuit stay that allows the DOJ to continue to use those documents in its criminal investigation would be unaffected.

Relevant quote from the brief: "In this Court, applicant does not challenge the stay insofar as it reinstates the government’s authority to use the documents bearing classification markings in its ongoing criminal investigation."

TomSlick

(11,096 posts)
6. This case may be my last straw.
Tue Oct 11, 2022, 07:30 PM
Oct 2022

If SCOTUS grants TFG's petition, there will be no remaining hope that it is anything but a political arm of the MAGAt movement.

joshdawg

(2,647 posts)
15. Yes!
Wed Oct 12, 2022, 04:46 AM
Oct 2022

After all, tfg got three of them appointed so that the traitor party could have the majority in the SC. They can pick any issue they want to hold an opinion of, so why not this?

joshdawg

(2,647 posts)
20. Not so much following the law, but
Thu Oct 13, 2022, 12:41 AM
Oct 2022

following their inherent conservative, republican, self opinions.
And also, hmmmmmm "what would tfg have us rule on" since his opinion has a huge impact on those six.
Those six, especially the last three, cater to tfg's every whim.................it seems like to me.
But I do agree with you about it being the final straw.

msfiddlestix

(7,272 posts)
11. In the Interest of National Security, POTUS has a National Security interest at Risk. it seems tp me
Tue Oct 11, 2022, 10:16 PM
Oct 2022

Seems like he would have standing in this matter..

Seems like maybe this would be the moment to issue an Executive Order to have everything returned to the White House to sort out, return Trumps porn gift wrapped in New York Times and Washington Post newspaper.

seems to me.

.

EndlessWire

(6,477 posts)
17. The parts I liked the best
Wed Oct 12, 2022, 01:24 PM
Oct 2022

How they pointed out that Plaintiff wants to reduce the whole thing to just a "housekeeping" document dispute over storage. How they pointed out that, if they want to reduce the argument to a PRA issue (where there is no specified punishment), they have filed in the wrong court! That, under PRA, the district court in DC is the proper court! It made Trump look like an idiot!

I also am one that appreciates well written, clear briefs, and the Government has produced yet another one. Sometimes, it is only well written when it appears clear and logical, and supported with facts. In this brief, the Gov has pointed out time and again how the Plaintiff's arguments are unsupported or simply not addressing the issues. They did not say, "Hey Guys, this is garbage," but instead addressed every facet that the SC would need to make an informed decision. They did not require much work from the Supremes, unlike Plaintiff who wants them to fill in all the gaps.

We will see what happens. If Thomas screws around, we will know the state of the USSC, if ever we now have doubts.

TomSlick

(11,096 posts)
21. NBC and others are reporting that SCOTUS denied TFG's request.
Thu Oct 13, 2022, 06:13 PM
Oct 2022

It does not restore my faith in the Court but at least my opinion of the Court is not further damaged.

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