There’s new action in the fight between President Donald Trump and the DOJ over the documents that they seized from his home when they raided it back in August.
When last we left you in the saga, the DOJ was upset that Judge Aileen Cannon ruled that the documents had to be turned over to a special master, Judge Raymond Dearie, to inspect. He would determine what needed to be returned to Trump since the FBI has admitted that among the things they took were private records they had no right to take. Judge Dearie will screen out executive privilege, attorney-client privilege, and personal records from what the FBI seized.
But the DOJ wanted to exclude about 100 documents from being turned over to the special master because they claimed the documents were classified and Trump didn’t have a right to them. It isn’t clear that they are classified. But the DOJ appealed to the 11 Circuit Court of Appeals which ruled in their favor, setting apart those documents from those to be turned over to the special master. Now, Dearie is only looking at the non-classified documents.
The Trump team is asking the Supreme Court to review the decision of the 11th Circuit. They aren’t even asking the Court to block the DOJ from looking at them yet, they just want the special master to have access to assess the records. The Trump team argued that the 11 Circuit erred on procedural grounds.
But Trump’s legal team, in their initial filing to the Supreme Court, argued that “the unprecedented circumstances presented by this case—an investigation of the Forty-Fifth President of the United States by the administration of his political rival and successor—compelled the District Court to acknowledge the significant need for enhanced vigilance and to order the appointment of a Special Master to ensure fairness, transparency, and maintenance of the public trust.”
“That appointment order is simply not appealable on an interlocutory basis and was never before the Eleventh Circuit. Nonetheless, the Eleventh Circuit granted a stay of the Special Master Order, effectively compromising the integrity of the well-established policy against piecemeal appellate review and ignoring the District Court’s broad discretion without justification,” the filing continues.
Trump’s legal team added that this “unwarranted stay should be vacated as it impairs substantially the ongoing, time-sensitive work of the Special Master.”
“Moreover, any limit on the comprehensive and transparent review of materials seized in the extraordinary raid of a President’s home erodes public confidence in our system of justice,” the filing continued.
Trump’s request to the Supreme Court went to Justice Clarence Thomas who is in charge of reviewing such appeals from the 11th Circuit.
But the DOJ doesn’t want the special master to have access to these records and one has to wonder why. They are now asking the Supreme Court to deny the Trump request.
Now, the fact that this is going to Thomas to review is causing a colossal meltdown on the part of the left, particularly the BlueAnon folks who push crazy conspiracy theories about Jan. 6 and his wife.
Here’s a sample of the crazy.
Clarence Thomas had the audacity to rule on ANOTHER matter involving Donald Trump without recusing himself.
Clarence Thomas needs to be impeached and disbarred.
— Jon Cooper (@joncoopertweets) October 5, 2022
The Justice Department has sent a warning shot to Clarence Thomas and the Supreme Court to reject Donald Trump’s request that it intervene in the Mar-a-Lago case. Ginni Thomas should take note.
— Adam Parkhomenko (@AdamParkhomenko) October 12, 2022
This is nonsense. There’s no reason for Thomas to recuse himself. His wife was not involved in “insurrection.” These people need to have Trump stop living rent-free in their heads and get a life. That’s how over-the-edge people on the other side are at this point.
Thomas will make the decision based on the law, as he always does, whichever way it goes.