The Supreme Court isn’t Going to Shut Down the Progress of Donald Trump in the Case of a Case Study of the Capitol Insurrection
Even if it decides to hear the case, the court may move more swiftly than Trump hopes. Justice Clarence Thomas, for instance, on Tuesday quickly gave the Justice Department until 5 p.m. on October 11 to provide a response to Trump’s appeal.
The Supreme Court does not have to restore a hold on the Justice Department’s access to documents marked as classified because Trump’s request does not ask them to.
After the DOJ subpoenaed Trump for documents with classified markings in his possession, prosecutors went to court to enforce the grand jury subpoena. The judge ordered Trump’s team to comply. That prompted a search by Trump lawyers last month that yielded two more documents with classification markings.
There is no guarantee that the court, already being dragged deep into politics, will perceive this case as bearing such vital constitutional or legal importance that failing to take it up would be a dereliction of duty.
Even if the justices agree to take the case, Trump will not be able to get emergency relief because he needs to show that he has suffered irreversible harm in the matter.
The National Archives of 700 documents, which the House select committee said it needed to investigate the US Capitol insurrection, were handed over in January. Several times the Supreme Court rejected challenges to the election. The court has also ruled that the then-President was not immune from a New York subpoena in a criminal investigation seeking his tax records.
Trump seems to think that the judges he appointed owe him loyalty. He nominated three of the Supreme Court’s nine justices – Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.
He has reacted badly to his defeats in the past. In December 2020, for instance, he tweeted that the court had let him down and displayed neither wisdom nor courage in dismissing a challenge to the election.
The 2021 Capitol Hill Insurrection Case: Trump’s Legal Labyrinth and the Case for a “Fifty-Five President of the United States”
It keeps him in the news and fuels a sense among his supporters that he is being treated unfairly. As is the case in this case, Trump sometimes substitutes his political or public relations strategy for a strong legal one. And it would be no surprise to see Trump fundraising off of his emergency request.
His habit of using every avenue in the legal system to slow a case is also consistent with his latest move. CNN legal analyst Steve Vladeck suggested that his team’s application to the court might have been an attempt to appease a litigious client.
“This is what good lawyers who are stuck do to appease bad clients: The jurisdictional argument is narrow, technical, and non-frivolous. It was a way of filing something in the Supreme Court without going crazytown or acting unethically.
But Trump’s team pushed back, saying in Tuesday’s filing that this position “cannot be reconciled” with the DOJ saying it may want to show those same documents to a grand jury or to witnesses during interviews.
And the application opened with a highly political argument – claiming that the “unprecedented circumstances” of the case represented an “investigation of the Forty-Fifth President of the United States by the administration of his political rival and successor” – that took large liberties with the facts of the Mar-a-Lago case.
Dean, who was the center of the Watergate scandal that brought down President Richard Nixon, said on Tuesday he didn’t see an emergency.
The Supreme Court would want to get into the arguments because they are technical, but not in the way of public opinion.
The House select committee investigating the January 6, 2021, Capitol Hill insurrection said former President Donald Trump has “failed to comply” with its subpoena for documents and testimony.
The committee staged a mic drop moment to cap its last hearing before the election and warned that Trump needs to explain himself in January of 2021, if he wants the country to believe him.
Offstage, there are developments that could hurt Trump the most. The legal labyrinth surrounding the ex-president, who has not been charged with a crime, and the distance left to run for efforts to account for his departure from power and presidency that tested the rule of law are reflected in these.
Since launching his presidential campaign, Trump has confounded predictions of his demise, but there is a sense that he is sliding into an ever-deeper legal hole.
The emergency request to intervene was turned down by the court which could have delayed the case. Conservatives who voted for Trump on the bench owed him a debt of loyalty, so no dissents were noted.
The FBI investigation of the January 6 congressional showdown: the case for the ex-President to apologize for his mismanagement of the Trump Organization
For all the political drama that surrounds the continuing revelations over one of the darkest days in modern American history on January 6, it’s the showdown over classified documents that appears to represent the ex-President’s most clear cut and immediate threat of true criminal exposure.
The ex-president could face grave legal problems if more news of a Justice Department investigation comes to light, as television stations aired blanket coverage of the committee hearing. Unlike the House’s version, the DOJ’s criminal probe has the power to draw up indictments.
The former chief of staff for Vice President Mike Pence was spotted leaving a courthouse in Washington DC. Short had been compelled to testify to the grand jury for the second time, according to a person familiar with the matter, CNN’s Pamela Brown reported. A former national security aide for Trump was seen walking in an area where the grand jury is meeting. The reporters were not told what he was doing.
The FBI was told that an employee of the president had said that he was told to move boxes out of a storage room at his club after his team received a subpoena for classified documents. The FBI also has surveillance footage showing a staffer moving the boxes.
It would be troubling if the development suggests a pattern of deception that plays into a possible obstruction of justice charge. On the initial search warrant before the FBI showed up at Trump’s home in August, the bureau told a judge there could be “evidence of obstruction” at the resort.
Still, David Schoen, who was Trump’s defense lawyer in his second impeachment, told CNN’s “New Day” that though the details of what happened at Mar-a-Lago raised troubling questions, they did not necessarily amount to a case of obstructing justice.
He added that if the President knew he didn’t have the right to have these documents in his possession, then they hid them or kept them.
The New York Attorney General has been complaining about the Trump Organization for a long time, and she asked a court on Thursday to block them from moving their assets.
James believes that the Trumps will engage in similar fraudulent conduct until this court orders them to stop.
The James probe has been branded a stunt by Trump. The Justice Department hasn’t charged anyone in its investigation of the Capitol insurrection. The House select committee cannot bring criminal charges, although it is discussing whether to send criminal referrals to the Justice Department. The investigation into the FBI search of Mar-a-Lago as well as the DOJ investigation into classified documents is a witch hunt and political persecution.
There are probes that are connected to Trump. There is another investigation going on in Georgia over attempts by the Former President and his allies to overturn the election in a swing state.
The Unselect Committee’s Subpoena to the Former President: After a Month and a Half, President Donald Trump Has Come Out
One of those days when the seriousness of a crisis can often be gauged by the vehemence with which he responds, Trump came out fighting on Thursday.
The unanimous vote in the select committee to subpoena the former President for documents and testimony was mocked by the first Trump spokesman.
Pres Trump will not be intimidated by their rhetoric or actions. Budowich said that the Midterms would be swept by Trump-endorsed candidates and America First solutions would be restored.
Then the former President weighed in on his Truth Social network with another post that failed to answer the accusations against him, but that was clearly designed to stir a political reaction from his supporters.
I was wondering if the Unselect Committee asked me to testify months ago. Why did they wait until the very end, the final moments of their last meeting? Because the Committee is a total ‘BUST,’” Trump wrote.
It’s unclear whether Trump will abide by the committee’s subpoena, issued on Oct. 21 after its most recent hearing, but Committee Vice Chair Liz Cheney, R-Wyo., said they have been speaking with Trump’s lawyers. During a televised forum at Cleveland State University Tuesday, Cheney told PBS journalist Judy Woodruff that the former president is obligated to comply.
The committee asked for phone calls, text messages, smilng messages, electronic notes, and summaries of conversations in addition to other records and documents.
The separation of powers between Congress and the president is an issue that has been maintained for years, according to a statement by Trump’s attorney.
Given the slim chance of Trump complying with a congressional subpoena then, many observers will see the dramatic vote to target the ex-President as yet another theatrical flourish in a set of slickly produced hearings that often resembled a television courtroom drama.
The investigation was no longer just about what happened on January 6 but about the future, according to the committee’s Republican vice chair.
The Wyoming lawmaker who lost her primary to a Trump-backed candidate said, “With every effort to excuse or justify the behavior of the former President, we chip away at the foundation of our Republic.”
What can the DOJ do about US District Judge Aileen Cannon tells us about the 11th Circuit and how the Eleventh Circuit can do without a Special Master?
The Justice Department wanted the court to stay out of the dispute while legal challenges play out.
The DOJ wrote earlier this week saying courts should be cautious if there is an examination of records that could jeopardize national security.
At issue are two orders US District Judge Aileen Cannon issued recently. She has authorized a special master to review seized materials. Cannon temporarily halted the Justice Department from using the subset of documents as part of its criminal probe.
A panel of judges on the 11th US Circuit Court of Appeals, however, acting upon a request from the Justice Department, agreed to freeze portions of those orders while the legal dispute plays out.
Trump has argued that he may have had a right, as a former president, to possess certain government documents, including documents potentially containing the country’s most sensitive secrets. And he claimed that the appeals court exceeded its authority in ruling against him.
Trump told the Supreme Court that the Eleventh Circuit lacked jurisdiction because the District Court gave for the Special Master to review the seized materials.
The Trump team believes that Raymond Dearie will be impaired due to the appeals court order and that it will slow time-sensitive work.
Public confidence in the system erodes if there is a limit on the comprehensive and transparent review of materials that were seized during the raid.
The US Solicitor General said Cannon, who was appointed by Donald Trump, was wrong to appoint a special master in the first place.
The Committee on Decline Subpoenaed Documents (Jan-6): Trump and the Committee on Investigating a Cross-Cultural Anomaly in U.S. Court Documents
Trump’s lawyers said in the court filings they’ve communicated with the House over the past week and a half as the subpoena deadlines neared, offering to consider answering written questions while expressing “concerns and objections” about the bulk of the document requests. After Trump missed his first deadline to produce documents on November 4, his team replied on November 9, according to court documents, saying that he wouldn’t testify and found no records to turn over related to personal communications.
It’s unclear, at least for now, whether the committee will make a criminal referral to the Justice Department should Trump choose not to cooperate. When asked about what action the panel would likely take, Cheney said she didn’t want to put the cart before the horse.
That being said, there is a strong chance the former president will not produce the documents by the end of the day. The committee has been lenient when it comes to deadlines in the past, at least when there’s ongoing communication with a subject’s legal team.
The panel is searching for communications between Proud Boys and Oath Keepers, designated as far-right extremist groups by the Southern Poverty Law Center. The committee has ordered Trump turn over conversations that may have taken place between himself and either group from September 2020 to the present.
Other people in the order include Roger Stone, Stephen Bannon, Jeffrey Clark, John Eastman, and more.
She said they will not have disagreements about the way the committee is working. “We have to make those decisions as we go along.”
Source: https://www.npr.org/2022/11/04/1134097418/trump-deadline-subpoenaed-documents-jan-6
The Subpoena-Related Investigation of Donald Trump, the Select Committee, and the Mueller Investigating Investigations: CNN Detects a State-Dependent Judge Punishment
On the same day that the House committee ordered Trump to turn over the documents and testify, a district judge sentenced his political advisor to four months in prison for violating a congressional subpoena.
“In the days ahead, the committee will evaluate next steps in the litigation and regarding the former President’s noncompliance,” Democratic Rep. Bennie Thompson and GOP Rep. Liz Cheney, who serve as chair and vice chair of the committee respectively, said in a statement.
The committee has previously held witnesses in contempt of Congress for defying the panel’s subpoenas but has little ability to force compliance with the subpoena quickly through the courts.
The committee was sued as a way to challenge the subpoena, according to the court filing. Multiple courts upheld the legitimacy of the committee and his lawsuit was to challenge their validity and claim that he should not have to testify about his presidency.
Thompson and Cheney said in their statement on Monday, “[Trump’s] attorneys have made no attempt to negotiate an appearance of any sort, and his lawsuit parades out many of the same arguments that courts have rejected repeatedly over the last year.”
Thompson and Cheney wrote that Donald Trump was hiding from the Select Committee’s investigation and refused to do what many other witnesses have done. Donald Trump tried to overturn the election and prevent the transfer of power. He is obligated to provide answers to the American people.”
The judge who was hearing the contempt case decided not to hold Trump in contempt, two people told CNN.
CNN observed prosecutors, including the Justice Department’s counterintelligence chief Jay Bratt, and attorneys for Trump exiting the courthouse just before 3:30 p.m. ET. CNN reported that the two legal teams were gathered in the chambers area to make a decision on whether Trump was in contempt for failing to comply with the subpoena.
According to sources, the judge questioned prosecutors on how she could hold Trump’s team in contempt given the steps Trump’s lawyers have taken to alleviate the Justice Department’s concerns that there may still be records in Trump’s possession.
Steven Cheung, a spokesman for Trump, said the former president would continue to be transparent and cooperative even in the face of a Department of Justice witch-hunt.
A coalition of media organizations that included CNN had asked Howell to allow public access to Friday’s hearing, but the judge did not grant the request.
An ongoing grand jury matter was in the court this afternoon. This matter remains under seal, pursuant to Federal Rule of Criminal Procedure 6(e) and Local Criminal Rule 6.1,” the statement said.
CNN reported that the Justice Department is not satisfied with the search and that Trump’s side doesn’t say all documents have been turned over.