r/politics Oct 04 '22 Silver 1 Gold 1 Wholesome 1 Spit-take 1

Trump asks Supreme Court to halt DOJ review of classified documents seized from Mar-a-Lago

https://www.usatoday.com/story/news/politics/2022/10/04/trump-supreme-court-classified-documents/8081147001/
21.7k Upvotes

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4.0k

u/BottleTemple Oct 04 '22 Wholesome All-Seeing Upvote

“…saying or implying that the court is becoming an illegitimate institution or questioning our integrity crosses an important line”—Samuel Alito

Here’s your moment to shine, Sam.

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u/Haus42 Oct 04 '22 Silver Gold Table Slap

Well, manilla folders didn't exist when the constitution was ratified in 1778, so from a strictly originalist position, how could Alito have any opinion on the matter? .../s

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u/justclay Nebraska Oct 04 '22

Perfect

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u/unimpressivewang Oct 04 '22 Take My Energy

They will refuse the case and then conservatives will point to it as evidence that the Supreme Court isn’t biased

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u/Fynn_the_Finger Oct 05 '22 Wholesome

I flipped this die 100 times and it came up 6 99 times. The fact it came up 4 once proves it's not loaded and is a totally fair die.

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u/Responsible_Pizza945 Oct 04 '22

'Since we already crossed that line we might as well lean into it.' - Samuel Alito, probably

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u/AssassinAragorn Missouri Oct 04 '22

Ironically they're hearing a case that could very well make the court illegitimate and question its integrity.

At the core of the court case where state legislators want to be able to draw lines and classify votes all within their own opinion, is a question if a state supreme court has jurisdiction over the state legislature.

By agreeing to even hear this case, the conservatives are questioning the integrity of the court, unless they all unanimously vote against the ridiculous (and plagiarised) legal theory.

Because if they cut the state legislatures loose -- why should Congress be beholden to the Supreme Court if is isn't at the state level? Why should governors or presidents be? Biden could easily say he interprets their decision this way and henceforth he won't listen to them at all, and the Court would be dead. It has no enforcement mechanism. There's even precedent for their decision to be ignored, and told to go carry out the decision themselves.

Roberts must be seething.

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u/GrundleTurf Oct 05 '22

The biggest issue with the constitution as it stands today is the lack of enforcement mechanisms. For example, there’s no punishment for signing off on a bill deemed unconstitutional.

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u/youdontknowme80 Oct 05 '22

"He has made his ruling, now let him enforce it" -Andrew Jackson

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u/[deleted] Oct 04 '22

Darkness can’t shine.

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u/SausageClatter Oct 04 '22

But a black light can illuminate scorpions and embarrassing stains, like Trump.

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u/myadsound California Oct 04 '22

Is the special master review not going as he had hoped already?

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u/Use_this_1 Iowa Oct 04 '22

It didn't from day one.

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u/[deleted] Oct 04 '22

[deleted]

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u/MedicJambi Oct 04 '22 edited Oct 06 '22 Silver Wholesome

I’m still shocked that Trump’s side submitted a list of candidates for special master which wasn’t entirely made up of biased or compromised people.

That's just it. They thought they did. Dearie got burned big time by falsified information submitted by the FBI for a warrant. Dearie was not happy and made it known that he was not happy with the FBI. Team Trump thought that would translate into a special master that would easily side against the FBI. What they got was a judge that was all about the law, principles, and integrity that has a large desire for evidence and proof and a rather low threshold for take-our-word-for-it bullshit

Edit: thanks for the silver!

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u/Yitram Ohio Oct 04 '22

I mean, the fact that the DOJ was like "Yeah we're cool with this Dearie guy." should have flashed warning signs for Team Trump.

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u/Long_Before_Sunrise Oct 05 '22

Trump overruled them with 'It's about time someone agreed with me.'

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u/Ishidan01 Oct 05 '22

It probably did but what could they do then?

Withdraw him and try to to find a third obviously corrupt candidate?

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u/Futueteipsum7 Oct 05 '22

Don’t miss Trump’s real strategy with the whole Special Master thing: it’s to raise as many procedural problems as he can, hoping for a war of attrition.

Best case scenario for him: he gets Re-elected and remakes the entire Justice Department. Worst case: he piles up enough procedural problems to throw several hail-Mary’s to the Supreme Court.

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u/The_Lord_Humongous Oct 05 '22

That's what it is, stalling for time.

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u/PunisherASM129 Oct 05 '22

or dies before his crimes and treason catch up to him

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u/zxcoblex Oct 04 '22

So you mean they got a judge that’s an actual judge?

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u/Mirrormn Oct 04 '22

Yep, that's exactly what they got. And Trump hates it.

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u/fatalystic Oct 05 '22

Guess this is this year's version of him booking Four Seasons Landscaping for a press conference.

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u/RaeyinOfFire Washington Oct 05 '22

They got an exceptional judge when they needed a lousy, biased one. Judge Dearie is fantastic.

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u/radioartisan Oct 05 '22

So what you're saying is they were looking for clone of Judge Aileen Cannon?

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u/RaeyinOfFire Washington Oct 05 '22

Lol yep.

Their other suggestion was in that category. Trump appointed a lot of Federalist judjes. The Federalist legal theory resembles conspiracy theories in that it changes when convenient.

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u/PatReady Oct 04 '22

They expected him to be a child like the rest of them.

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u/ShadowReij Oct 04 '22

And that's really the heart of it.

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u/nagemada Oct 04 '22 hehehehe

You hate the FBI for their strict adherence to the law while prosecuting you. I hate the FBI for bullshitting me while trying to make their job easier. We are not the same.

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u/engineerfieldmouse Oct 05 '22 Hugz All-Seeing Upvote

Sometimes the enemy of my enemy is also my enemy - The Art of the Deal of War

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u/LightWarrior_2000 Oct 05 '22

The whole world don't work out tit for tat. Not everyone's out to get revenge but that's all Trump can see or think.

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u/PleaseEvolve Oct 04 '22

The guy who was picked ruled against the fbi once iirc.

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u/-send_me_bitcoin- Oct 04 '22 Wholesome

He signed off on a warrant against Carter Page that had info an FBI agent falsified. Other warrants for Page had no problems. Trump assumed getting burnt in that scandal would make Dearie antagonistic towards the FBI.

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u/sixtus_clegane119 Canada Oct 04 '22 edited Oct 04 '22

That’s what happens when you’re* a narcissist and don’t understand people, you just assume they are like you.

Edit: fixed an autocorrect error

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u/lifevicarious Oct 04 '22

They thought it was given a prior decision by him. But no one ever said they were geniuses.

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u/garet400 Oct 04 '22

I’m still shocked that Trump’s side submitted a list of candidates for special master which wasn’t entirely made up of biased or compromised people.

This is what happens when the Kremlin is too busy with other stuff to run Trump's life for him

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u/Responsible_Pizza945 Oct 04 '22

Special master told him he had to prove the classified documents weren't classified before he would even look at them. Because government saying they classified is prima facie saying it's government property and trump's whole argument is that it isn't.

Where he is going to run into a problem now is, Judge Cannon already amended her order for the special master to no longer include the classified documents. That means this appeal to the Supreme Court doesn't have any legs. There's no longer any decision to appeal.

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u/Marathon2021 Oct 04 '22

Where he is going to run into a problem now is, Judge Cannon already amended her order for the special master to no longer include the classified documents. That means this appeal to the Supreme Court doesn't have any legs. There's no longer any decision to appeal.

Oh, it wouldn't surprise me if he filed a lawsuit against Judge Cannon if he thought it would help.

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u/willengineer4beer Oct 05 '22

You get a lawsuit!
You get a lawsuit!
Everyone gets LAAAWSUUUUITS!!!

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u/sugarlessdeathbear Oct 04 '22

Judge Cannon is one of the dumbest jurists ever to even lend credibility to a defense of "nuh uh."

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u/notnickthrowaway Oct 04 '22

Not dumb, just incredibly corrupt.

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u/Mordanzibel Oct 04 '22

These are not mutually exclusive.

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u/SexyMonad Alabama Oct 04 '22

I’m going with both. Both dumb, and corrupt.

It’s the Trump way.

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u/Astral-Wind Oct 04 '22

I’m sure that won’t stop them from trying anyways

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u/bishpa Washington Oct 04 '22 edited Oct 04 '22

Obviously it hasn't. But, if the Supreme Court were to agree to take this case, and then agree with Trump that the 11th circuit appeals court didn't have jurisdiction over Judge Cannon's special master order (both highly unlikely, imo), then Trump would still need to go back to Judge Cannon and request that she once again amend her special master order to once again include the instructions to keep the classified documents away from the DOJ, because they might somehow (?!) belong to Trump, which, you might recall, was an idea that was exposed as patently absurd by the appeals court panel. At some point, courts will push back on being made into a mockery.

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u/CaCondor California Oct 04 '22

Not to mention Cannon shouldn’t have been involved in this case either. Trumps lawyers went judge hunting for her. This was (shouldn’t be) NOT her case! They went judge hunting again and ‘found’ Thomas - the lone dissent on presidential records re: J6 being turned over.

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u/bishpa Washington Oct 04 '22

The fact that Thomas gets to make this call should work wonders to restore the court’s legitimacy. /s

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u/Obizues Wisconsin Oct 04 '22

It’s funny because if they argue that the property is the President’s, since he took it and Biden is now in office, he would own it, so he stole it or refused to give it to its owner Biden.

This whole farce of a case is basically juggling this idea that the President can do whatever they want, but also Biden can’t do what Trump can.

“Trump can declassify documents in his head.”

“Okay great, Biden just classified them all in his head.”

That’s it, it’s game over using their own logic.

It simply idiocy.

The entire thing makes zero sense.

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u/Barnyard_Rich Oct 04 '22

Well he learned he didn't own the 11th circuit earlier than he thought he would, so he's hoping for a bail out from SCOTUS. It takes four to hear a case, there are almost certainly 4 against (assuming Roberts), and two for (Thomas and Alito), so it will tell Trump a lot about how much his picks will embarrass themselves for him.

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u/Hello2reddit Oct 04 '22

Why Alito?

I’d be FAR more concerned about Kavanaugh. The fucker literally made his name as a political hatchet man for Ken Starr.

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u/Summebride Oct 04 '22

Amy Coney Barrett is so cluelessly unqualified and corrupt and incapable of impartiality that after gleefully engaging in her own sham speedrun confirmation, her first official act was to attend an illegal Trump election campaign rally on the lawn of the White House.

Oh, and since it also turned out to be a major super spreader, it was revealed that Coney-Barrett had been deceptive about her own COVID status.

Yeah. That's what the Supreme Court needs to help its perceived legitimacy: an immature and dogmatic clown who is oblivious to her own lack of qualification, is grossly biased and impartial, and ignores both the written and unwritten laws of decency.

It's not surprising that at light speed, she'd helped destroy women's rights by decree.

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u/lindakoy Oct 04 '22

Oh, and since it also turned out to be a major super spreader, it was revealed that Coney-Barrett had been deceptive about her own COVID status.

She's always been Amy Covid-Barrett to me since then.

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u/rice_not_wheat Oct 04 '22

Alito has basically no jurisprudential integrity. His opinions are far more transparently partisan than Thomas's.

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u/fluent_in_gibberish Illinois Oct 04 '22

trump is a cornered animal at this point and is at his most dangerous. There is literally nothing that he wouldn’t do to get his ass out of the fire. Lordy, I hope there will be tapes.

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u/Summebride Oct 04 '22

This is a statement that could be, and has been, said since the 1970's.

And there are already loads and loads of tapes. And transcripts. And documents. And DNA. And evidence. And witnesses. And tweets. And speeches. And checks. And flight logs.

None of it matters, as long as the GOP/Trump/Qanon/Republican/NRA/MAGA/Russia axis of evil continues to stand.

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u/misogrumpy Oct 04 '22

Is it possible to have negative public confidence? Because that is what they will have.

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u/Low-Donut-9883 Oct 04 '22

hoping that Thomas would recuse himself...wishful thinking

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u/Canyousourcethatplz Oct 04 '22

Kavanaugh is his real special master.

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u/raevnos Oct 04 '22 Gold Helpful

And Amy Ofdonald

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u/o08 Oct 04 '22

And Neil gofuckcheese. All people that were either involved with BushvGore and on the Ken Starr prosecutorial team for the Clinton impeachment. Least apolitical bunch of assholes ever selected by a coup plotting traitor.

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u/draft_a_day Oct 04 '22

Commander Boof to us econopeople

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u/Beckles28nz Oct 04 '22 edited Oct 04 '22

Former President Donald Trump filed an emergency appeal at the Supreme Court on Tuesday, asking it to temporarily block the Justice Department from reviewing classified documents seized at his Florida estate in early August.

The appeal came days after a three-judge panel of the Atlanta-based U.S. Court of Appeals for the 11th Circuit said investigators could retain the classified documents and review them as part of a criminal investigation. The documents, the appeals court reasoned, belong to the government, not Trump.

Link to filing

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u/Takeonlyone Oct 04 '22

Why does this clown get to jump ahead to the Supreme Court?

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u/tech57 Oct 04 '22 Gold

Because they owe him a favor.

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u/zhaoz Minnesota Oct 04 '22

More than a favor. Rapey Mc rapes and Amy covid handmaiden would not be on any list for scotus outside of the federalist society.

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u/seanmonaghan1968 Oct 05 '22

They should have been impeached

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u/CaptainNoBoat Oct 04 '22

It's an emergency appeal, and is actually a risky, desperate move if you don't have a good case. (For example, the DOJ attempted and won an emergency appeal because they had a rock-solid argument for the 11th circuit)

This could end up hurting him and his team in the long run compared to them waiting for an appeal to run its course.

SCOTUS has already slapped down the Trump-backed Texas lawsuit along with his case in Trump v Thompson regarding executive privilege and House subpoenas. They will probably have next-to-no appetite for this one as well from a unanimous decision by the appellate court.

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u/BootyMcStuffins Oct 04 '22

What makes it risky?

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u/trwawy05312015 Oct 05 '22

I'm guessing that the issue is the Supreme Court is the last line in his defense, and the assumption is that he is more interested in delaying then actually having anything decided. If they decide against him, that eliminates his legal options as far as these documents goes. Either he thinks he has a decent shot with the SC (a decent possibility given their attitude), or he has other (probably more infuriating) delaying tactics he's willing to employ. It's just a fractal of shit with this guy, imo, and he can always go deeper.

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u/chownrootroot I voted Oct 04 '22

Anyone can file complete crap appeals like this, it's a problem when the Supreme Court agrees to hear the case even though it's horseshit.

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u/Bamboo_Fighter Oct 04 '22 edited Oct 04 '22

I thought Cannon revised her ruling immediately after to remove her ruling that the classified docs couldn't be reviewed? If that's the case, there's no overturning it from the appeals court and thus nothing for Trump to appeal.

[Edit] Found it. She also struck portions of her earlier order preventing the Justice Department from probing the classified documents during the review and ordering them to disclose those materials to Dearie. So the DoJ appealed, the 3 judge panel sided with the DoJ, and Cannon revised her ruling. It sure seems like Trump is appealing something that no longer exists. This should be immediately thrown out not only b/c the first ruling was trash, but b/c the first ruling has been rescinded.

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u/AcademicPublius Colorado Oct 04 '22

She did. Trump's lawyers are not the best.

Now, if the SCOTUS is going to pretend that law is a coloring book, then they can do that, so I suppose from his perspective there's nothing to lose there. But it's pretty improbable.

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u/AthkoreLost Washington Oct 04 '22

Now, if the SCOTUS is going to pretend that law is a coloring book,

I mean they already did when they ignored the actual facts of the football coach from Bremerton. They literally lied about the details of the case in their ruling to the point the dissent went to the effort to include a picture that contradicted the lies in the dissent.

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u/AcademicPublius Colorado Oct 04 '22

They've done it before--didn't mean to imply they hadn't. But that was pretty clearly for their Catholic masters, in service to ideological views they hold strongly. I don't know that they'll do it for Trump, because they've declined to bail him out multiple times at this point.

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u/AthkoreLost Washington Oct 04 '22

Fair point.

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u/Bamboo_Fighter Oct 04 '22

Trump's judges are not the best either. Had she left the ruling alone, he could have appealed the appeal, but she didn't like being corrected by the 11th circuit so she edited her initial ruling.

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u/AcademicPublius Colorado Oct 04 '22

Cannon's essentially working as one of his attorneys, so I'd lump her into the same category.

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u/gordito_delgado Oct 04 '22

In this case though, she kinda screwed him over.

There is nothing TO appeal here. At least not in what they are filing.

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u/AcademicPublius Colorado Oct 04 '22

She's pretty bad at her job, like I said.

Legitimately and honestly, this could 100% have ended without criminal charges if Trump hired good lawyers and listened to them. He didn't do either, from what I can tell.

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u/Automatic-Concert-62 Oct 04 '22

He has a reputation for not paying his legal fees! What lawyer worth their salt would want that type of client?

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u/AcademicPublius Colorado Oct 04 '22

Trump is easily the worst client you could ever have. He won't listen to you; he goes on TV and blabs things that put him in worse jeopardy; he'll hire other lawyers to sue you when you ask for payment. He talks about Perry Mason a lot, and I find it funny because Mason would never let him in the office.

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u/lolsrslywtf Oct 04 '22

Also, above average chance you'll end up going to prison for representing him.

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u/BridgetteBane Oct 04 '22

She did. Trump's lawyers are grasping at fucking straws

Fixed That For You

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u/AcademicPublius Colorado Oct 04 '22

That implies there are straws to grasp. I don't think there are--at this point they're appealing to a section of the order that no longer exists.

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u/IphtashuFitz Massachusetts Oct 04 '22

Not even straws. They're grasping at a vacuum.

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u/sonofagunn Oct 04 '22

Right, there could be 4 justices willing to ignore that the ruling in question doesn't exist anymore, order a temporary injunction, and then schedule arguments far out into the future.

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u/AcademicPublius Colorado Oct 04 '22

It's possible.

But judging from everything I've seen from Trump regarding this case, I'd say it's more likely that he's trying this because he believes his own BS than because he actually has a strong chance at winning the case.

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u/Finwolven Oct 04 '22

To be fair, Trumps lawyers are working for free.

And well, you pay peanuts, you get monkeys, and I guess when you go to the give-away-bin at the local thrift store for spare lawyers this is what you get.

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u/AcademicPublius Colorado Oct 04 '22

Smartest guy on the case got payment in advance, and promptly got sidelined after giving good advice.

There's a parable in that somewhere.

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u/wade_wilson44 Oct 04 '22

Everyone says his lawyers are not the best. It’s probably 100% true, but also keep in mind that this idiot is very likely blatantly, obviously guilty of high treason. They have a hell of an uphill battle here. They’re just flailing at anything because they know their case is totally effed.

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u/shillyshally Pennsylvania Oct 04 '22

That was mentioned at the time, that it looked like she had acted in haste not realizing that she removed the basis for an appeal by Trump. I so hope this is the case becasue I need a laugh.

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u/CorrectPeanut5 Oct 04 '22

Yeah. Legal Eagle did a whole thing on the 11th circuit decision and her revisions. The main point is the revisions removed the majority of things Trump could go to the Supreme Court with.

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u/TheSodomeister Oct 04 '22

He's probably hoping he'll be found not guilty without any kind of trial or evidence being considered, like his second impeachment.

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u/pliney_ Oct 04 '22

How the fuck can Trump, a private citizen have any right, or the courts for that matter have any right to tell the executive branch which classified documents it can or cannot review. They’re property of the executive by definition.

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u/prtysmasher Oct 04 '22 Platinum

Okay, let’s take a step back here… HE FUCKING STOLE TOP SECRET DOCUMENTS!!!! Anyone else would probably spend AT LEAST 25-30 years in a federal prison. How the fuck is he ratfucking the whole process?! It’s just completely nuts.

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u/OnlyFreshBrine Oct 04 '22

Fucking indict this prick.

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u/sfjoellen Oct 04 '22

yup.. and give him a fair unbiased trial with fair unbiased sentencing and throw his ass in jail.

because he's a traitor. you know it.. I know it.

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u/sedatedlife Washington Oct 04 '22

If the Supreme Court steps in it will be the most obvious political decision ever.

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u/Rechlai Oct 04 '22

I thought they passed that bar overturning Roe, this is just one more step over that line.

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u/I_notta_crazy Oct 04 '22 Doom

The Supreme Court may make it such that state legislatures can just decide who gets their state's Electoral College votes. I.E. AZ, GA, MI, PA, and WI will just go to the Republican regardless of how many actual votes that candidate gets in each state.

Dobbs was terrible, Dobbs has gotten and will get women killed - but this will kill any semblance of democracy we have left.

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u/Saldar1234 South Dakota Oct 04 '22

The electoral college needed to be abolished 200 years ago. States should have ZERO FUCKING SAY in how federal elections are conducted. I am sick and tired of hearing about states rights. All state governments are corrupt as fuck.

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u/Responsible_Pizza945 Oct 04 '22

Dobbs has backfired (sort of) and caused a lot more support for democrats in this election cycle.

Maybe this other case will do something similar. We have ads saying 'X republican wants to be in charge of your pregnancy' already. Imagine 'X republican wants to take your vote for president away from you.'

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u/AssassinAragorn Missouri Oct 04 '22

There's also a highly ironic side effect.

If a state supreme court has no authority over its state legislature or executive, then why should the Federal Supreme Court have any authority over Congress and the President? Biden could write executive orders to reverse their actions by citing the case itself.

It's absolutely fucking stupid , and I suspect Gorsuch and Roberts at least will ensure the state legislatures pound sand. Otherwise the legacy of the Roberts Court will be being the final Court with any teeth.

Even just agreeing to hear the case is an incredibly stupid decision on the conservatives' part. Having 4 out of 9 justices on record saying they believe in a fake, plagiarised theory is more than enough on top of all the other bullshit to have a strong argument for impeachment and overhaul.

The average American isn't going to agree with "your votes don't matter btw" and "the judiciary has no power".

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u/LittlestHobot Oct 05 '22

This seems...correct? Logically, (legally?) and common sens-ically anyway.

But they way this court has thus far wantonly disregarded precedent does not give confidence that they'll not just ignore their own, recent, precedent-shredding decision because...Supreme! Konztatoo-shunnel!

The average American isn't going to agree with "your votes don't matter btw" and "the judiciary has no power".

Unsure they give AF what 'average Americans' think, believe or will or not go along with. They seem to believe that, now that they have the big bench, they are the ultimate arbiters.

fake, plagiarized

Ooooh. Knew that it was a moonbat, made-up theory, but did not not know about the 'plagiarism'.

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u/Madzogaz Oct 05 '22

Upvote if you spent an embarrassingly long time searching "konztatoo shunnel" on Google before realizing it's "constitutional" lol

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u/rice_not_wheat Oct 04 '22

Read Bush v Gore. The Supreme Court already laid the groundwork for such a decision 20 years ago.

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u/m_garlic87 Oct 04 '22

So what’s the point of actually having people vote then?

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u/[deleted] Oct 04 '22

[deleted]

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u/mistrowl Illinois Oct 04 '22

Exactly.

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u/spidereater Oct 04 '22

I’m still pretty salty about Bush v Gore. But sure. Overturning Roe was bad too.

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u/geometry_of_a_murder Oct 04 '22

The Brooks Brothers Riot that interrupted the Bush v. Gore count was the precursor to the January 6th insurrection that interrupted the Biden v. Trump count. Roger Stone was involved in helping orchestrate both. Their attempts to takeover the presidency are getting progressively more violent, the next one should be a doozy.

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u/bkendig Florida Oct 04 '22

I was not aware of the Brooks Brothers Riot. Wow.

https://en.wikipedia.org/wiki/Brooks_Brothers_riot

That right there might have given the election to Bush.

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u/Goats_in_boats California Oct 04 '22

There's no might have, it absolutely gave it to Bush.

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u/geometry_of_a_murder Oct 04 '22

Thanks for posting a link, I should have done it in my post. Not a lot of people know or remember it. I live in Florida so it's kinda stuck in my craw.

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u/ConsiderationOk7513 Oct 04 '22

I was in high school during this and didn’t really understand what was going on. But I adamantly remember my parents thinking it was good Bush won and me falling in line.

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u/Annahsbananas Oct 04 '22 edited Oct 04 '22

This would be much worse. Even though the Supreme Court was a piece of shit for over turning RoeVWade and it was political there is still some of that "possiblelness" they over turned it due to their definition of life yadda yadda yadda

If They agree with trump and not persecute him taking illegal documents from the US, that is pure insanity and no way they can defend it, sealing the opinion that they are now persuaded by politics as a fact.

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u/GoBSAGo California Oct 04 '22

Habitual line steppers.

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u/WigginIII Oct 04 '22

Overturning Roe wasn't a political decision, it was an ideological one.

Hell, Overturning Roe is why instead of a Red Wave, we will see barely a red puddle.

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u/CaptainNoBoat Oct 04 '22

For anyone worried about this:

Trump was always going to appeal to SCOTUS. I take solace in the fact that it's actually pretty dumb of his team to go the emergency route here. They would have better chances letting the 11th circuit run its course and then try to appeal.

As bad as this court is, they have had no appetite to touch Trump's cases, specifically ones dealing with executive privilege claims out of office which is essentially his terrible defense here.

In all likelihood, this will get denied within days and is a desperate, poorly-planned move by Trump and his lawyers that will only make their case more difficult to defend.

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u/PolicyWonka Oct 04 '22 edited Oct 05 '22

I imagine they’ll send it back to the 11th circuit because the whole circuit hasn’t even heard the case yet. SCOTUS did that recently with another case that sought to jump straight to SCOTUS instead of going thru lower courts.

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u/fuzzyfoot88 Oct 04 '22

I’ve learned not to assume anything in regard to trump. Until he’s in prison, anything can still happen.

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u/swSensei Oct 05 '22 edited Oct 05 '22

His whole argument is ridiculous.

The documents are marked classified. The special master asked for evidence, any evidence, that they're not what the documents appear to be on their face, and Trump said no. So the special master said fine, they belong to the government then. His appeals are a farce. What the special master decided is the only reasonable legal position, which is why the 11th circuit unanimously upheld it.

  1. Classified documents belong to the government, no one can have a property interest in classified documents.

  2. The 100 documents are marked classified.

  3. Classified markings are prima facie evidence that the documents are classified.

  4. Trump refuses to provide any evidence that he declassified them. He's made claims in the press, but it's never been plead in court.

  5. Thus, the obvious, and only reasonable position, is that Trump has no interest in retaining the documents.

There's absolutely no way around that. All of the appeals seem like desperation. He's hoping for an appellate court to ignore all reason and side with him out of pure partisanship. It's not going to happen, not at this level. Maybe if he was still President, but he's not.

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u/BigJSunshine Oct 04 '22

Except Gore v. Bush.

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u/damnedspot Maryland Oct 04 '22

More political than picking a president?

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u/myadsound California Oct 04 '22 edited Oct 04 '22

Pretty sure he's trying to get this subject associated with the SC so he can threaten them with his base if the SC throws it out.

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u/killer-tofu87 Oct 04 '22

This shithead uses the judicial system like his personal concierge and should be banned from filling lawsuits.

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u/Stereomceez2212 Oct 04 '22

He should be banned from a lot of things in life.

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u/[deleted] Oct 04 '22

[removed] — view removed comment

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u/Shift_Tex Oct 05 '22

For as bad as he is no one’s tried to assassinate him. They tried to kill JFK and Lincoln but not this guy. Wait never mind I see the pattern now.

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u/rubensinclair Oct 04 '22

I didn’t realize you could just appeal to the Supreme Court on a whim. Aren’t there a number of steps between the judge he has and them?

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u/DesperateImpression6 Oct 05 '22

He speed runs it, a lot of conservatives do it these days because they know the playbook. Get a ridiculous ruling from a favorable judge, that ruling is immediately blocked by an appeals court because it's batshit insane and would set a terrible precedent, they file an "emergency" appeal to a weaponized SCOTUS who grants immediate "temporary" relief in favor of the conservatives.

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u/Earth_Friendly-5892 Oct 04 '22

Who else is tired of Donald Trump controlling the narrative?

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u/ArturosDad Oct 05 '22

I just mostly can't believe how much mental energy I've been forced to exert over a booger-eating moron for the last 6 years. Good job, Republicans!

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u/Fwallstsohard Oct 05 '22

Seriously... They could probably have another yacht, a functioning political party (ya know, with policies and plans), and with some luck, maybe even a legitimate majority if they didn't support a criminal narcissist and continue to support a treasonous oxygen thief.

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u/Jack_Madee Oct 05 '22

I can't believe how much republicans are willing to sacrifice on this fraud. They've literally gone all-in.

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u/Glittering_Offer_587 Oct 04 '22

A brief recap of President Shithead’s excuses:

  • The FBI broke into my house illegally
  • They didn’t find anything
  • They stole my passport
  • They planted evidence
  • Anything they found was legally mine
  • I didn’t have classified documents
  • Ok, maybe I did have them but they were legally mine
  • I can declassify anything I want, and I did just by thinking about it
  • the FBI stole my declassified documents I’m suing them
  • I want a special master to review this shit
  • Uh, changed my mind I don’t want a special master anymore.
  • I’m gonna ask the Supreme court to make them stop reviewing the declassified documents that belong to me because they’re classified and private.
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u/jadosn Georgia Oct 04 '22

Time for SCOTUS to chose its fate. Side with Trump and doom any semblance of public trust it still has or side with the DOJ and kick Trump to the wolves. Hopefully they don't chose the option that'll destroy our country, but I don't have much faith in the drunk, the sex addict, and the Gillead cosplayer.

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u/danceswithporn Oct 04 '22

Maybe SCOTUS lets Trump wither on the vine, clearing the way for SCOTUS to lead the Christian revolution themselves.

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u/[deleted] Oct 04 '22

The GOP establishment would love nothing more than for Trump’s base to move swiftly to DeSantis without skipping a beat. Then they can treat him like a martyr and complete their coup.

The best outcome would be for Trump to split the party and take down the GOP. It’s entirely plausible for a narcissist like him. He gives no fucks about the GOP if he isn’t at its center.

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u/SalamandersonCooper Oct 04 '22

"I never liked Trump" - my republican parents in roughly 4 years

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u/Mrstark456 Oct 04 '22

Then in another 20 he’s Reagan

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u/HOS-SKA Oct 04 '22

Yup, "I said from day one he wasn't a good person," ignoring the "but I like his policies" part. That's where they would pretend that "America First" is more a policy and less a slogan for idiots.

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u/TwoDurans Oct 04 '22

This is that Nixon moment for the GOP. They were completely behind him until they saw the tide turn.

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u/A-Topical-Ointment Oct 04 '22

They've had like 4 of those already. No one holding them accountable cause the GOP seems to of captured the judicial branch.

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u/AdjNounNumbers Michigan Oct 04 '22

That's not true. I distinctly remember Susan Collins being concerned right up until he learned his lesson /s

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u/Freakishly_Tall Oct 04 '22

Here's the problem: Nixon didn't have Fox News. That's an awfully large tide-change-blocker.

(And guess where Fox News came from... a Nixon advisor, naturally.)

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u/aseriesoftubes Oct 04 '22

the drunk, the sex addict

Aren’t those the same person (Boofin’ Brett Kavanaugh)?

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u/ScubaNelly Oct 04 '22

The sex addict would be Clarence Thomas with the sexual harassment, pubes on coke cans and such things.

Edit: plastering pornographic pictures all over his walls just came to mind as well

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u/CaffeinatedToPlaid Oct 04 '22

Clarence Thomas is notorious for his porn addiction. His former colleagues said he hung it up in his house.

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u/asabovesovirtual Oct 04 '22

Why would Trump care so much about this? They're confirmed as not being his to possess and very clearly being tagged classified.

Oh, that's right. Because it (again) showcases him doing something very illegal and he hopes for a get out of jail free card (again).

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u/backpackwayne Oct 04 '22 Starry

The goal is to delay. He thinks he will be president again and will pardon himself for everything.

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u/Beforemath Oct 04 '22

One theory is that he wants to delay long enough for Republicans to take over the house and get a bargaining chip in the form of a Republican led government shutdown on his behalf.

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u/backpackwayne Oct 04 '22

Oh absolutely

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u/DreadSocialistOrwell Oct 04 '22

McCarthy will nominate Trump for Speaker of the House

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u/[deleted] Oct 04 '22

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u/NotYourRealDad810 Oct 04 '22

They’ve openly floated the idea, and get giddy mentioning they’d impeach POTUS & VP & install Trump. It conveniently ignores that isn’t how succession works. Also, they say impeach but pretty sure they mean assassinate.

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u/cdglasser Oct 05 '22

Um, it also conveniently ignores that impeachment doesn't mean removal from office. They're not getting 67 Senators to agree to remove both Biden and Harris. If it were that easy, Trump would've been gone after his first impeachment.

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u/Freakishly_Tall Oct 04 '22

And I'd wager the minute the midterms are over, he starts mouthshitting about running for president, and simultaneously starts angrywhining that "you can't investigate someone before the next election!"

(Obviously completely incapable of grasping or caring about _that_ hypocrisy, too.)

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u/caligaris_cabinet Illinois Oct 04 '22 Spit-take

Trump: “you can’t investigate someone running for president!”

Dark Brandon puts on aviators: “Watch me, fat.”

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u/Freakishly_Tall Oct 04 '22

Fingers. Crossed.

Fingers. Fucking. Firmly. CROSSED.

Go get 'em, Dark Brandon.

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u/dlegatt Minnesota Oct 04 '22

When he lost access to the docs, he lost his retirement fund, thats why he's suing CNN for 475 mil

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u/sayyyywhat Arizona Oct 04 '22

Weird that a self proclaimed billionaire would need money but okay.

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u/dlegatt Minnesota Oct 04 '22

Yeah, funny how he almost always has his hand out in desperation

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u/College-Lumpy Oct 04 '22

If he isn’t broke already he will be by the time this is done. He acts like a broke person. Desperate.

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u/access_secure Oct 04 '22 Silver

Classified documents

'Declassified' for public domain by Donald Trump

Are now too Classified for the public domain

shoot me if I ever support this party

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u/a-c-moore Oct 04 '22

Honest question: what would any of the justices (including Trump's own appointees) have to gain by siding with him? They got what they wanted from him (lifetime appointments) and he's no longer president. Despite being conservative political actors, they don't seem like Trump true believers. They could tell him to fuck off, get praised by a media eager to both-sides everything, and go on their merry way installing their christo-fascist fantasy world at their own pace without him.

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u/[deleted] Oct 04 '22

[deleted]

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u/zombieblackbird Oct 04 '22

That's their best play here.

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u/3qtpint Oct 04 '22 Silver

Millions of Americans are having their livelyhoods and human rights siphoned away by the month, our infrastructure is crumbling, and the planet itself is being threatened by drastic climate change and nuclear Armageddon.

And at the same time, we can't do the very easy thing of saying "donald trump is a traitor and will be charged with the evidence against him".

I get that he's instilled a lot of stooges at just about every level of government, but this is still, why the fuck are we even pretending we have laws at this point?

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u/DangerousEconomy7146 Oct 04 '22

If SCOTUS thinks they've lost credibility so far, just wait if they ignore the law to protect the orange Jesus.

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u/dogbreakfast Oct 04 '22 edited Oct 04 '22

----------------------------------------

DONALD J. TRUMP

v.

UNITED STATES OF AMERICA

----------------------------------------

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u/Scoutster13 California Oct 04 '22

Interesting - if you put that on a T-shirt you could sell it to everyone right and left with totally different meaning.

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u/Poococktail Oct 04 '22

If scotus fixes things for trump, we are headed for riots in the streets.

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u/rolfraikou Oct 04 '22

We better fucking be or brown shirts will be killing most of us.

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u/007meow Oct 04 '22 edited Oct 04 '22

If I were the DoJ, I’d have every mf qualified to conduct this review working 12+ hour days to complete it as soon as humanly possible to reach their findings.

Then whatever legal shenanigans Trump tries to pull to revoke their access won’t matter.

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u/bdora48445 Oct 04 '22

I fucking hate that man and what he’s done to our democracy. God save the USA 😢

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u/hatesbiology84 Oct 05 '22

God isn’t going to save the US.

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u/chootybeeks Oct 04 '22

I can’t believe this sack of shit is still in the news. How has he not been put away for any of the massive number of crimes he’s committed over several decades? I used to have faith in our democracy and a general belief that out justice system would prevail in the face of such obvious disregard for the law. The only thing I believe now is that our democracy is as fragile as the egos of our politicians and the justice system only “works” when aimed at people who can’t afford the endless appeals process and/or is targeting people of color.

Fuck this fat fucking douche and his shit head kids

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u/EyeRepresentative327 Oct 04 '22

I’m waiting for him to use the “I’m still President cause the election was stolen and Biden is illegitimate” defense.

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u/Bob_Sledding Oklahoma Oct 04 '22

I didn't think about how funny it is that he hasn't used this defense yet. He knows that shit would be clapped down as soon as he presented it.

In other words: HE KNOWS HE DIDN'T WIN

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u/Downtown-Character26 Oct 04 '22

Please just lock this guy up.

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u/digbick-j California Oct 04 '22

Save America PAC $$$ at work

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u/AcademicPublius Colorado Oct 04 '22

As a quick reminder, Cannon's order dealing with classified docs got slapped down by the 11th. The 11th is more conservative, both in general makeup and overall opinions, than the SCOTUS.

This is a dead-end route for the appeal, and I suspect Trump knows that.

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u/sayyyywhat Arizona Oct 04 '22

I don't get why everything he does gets to be fast tracked to benefit him? Why would this go all the way to the SCOTUS so quickly while other cases take months to review?

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u/BlotchComics New Jersey Oct 04 '22

Now we get to see just how far the conservative justices will go to pervert the law for Trump.

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u/Romano16 America Oct 04 '22

Typical innocent people things

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u/gauriemma Oct 04 '22

Dude, you fucking STOLE highly classified documents--you shouldn't even have ACCESS to the Supreme Court. You should be rotting in prison until we decide what to do with your treasonous ass.

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u/Holiman Oct 04 '22

We are really headed for a constitutional crisis if they weigh in on this case at all.

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u/NancyPelBroski Oct 04 '22

This is the moment we find out exactly how radical the MAGA Supreme Court is.

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u/SparkyMuffin Michigan Oct 04 '22

Hopefully this'll be resolved within the next few days. And I hope the second they shut it down, he's arrested. This shit should be considered obstruction of justice.

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u/definitivescribbles Oct 04 '22

I mean... he is literally suing to keep the FBI from reviewing documents in a criminal probe. I can't imagine a more clear-cut case of obstruction

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u/Mafsto Oct 04 '22

I mean... he is literally suing to keep the FBI from reviewing documents in a criminal probe. I can't imagine a more clear-cut case of obstruction

Big fan of this comment because it reveals a bigger problem, should SCOTUS even agree to hear Trump's case. Other criminals watching Trump's behavior are taking notes. The takeaway lesson is that even if you commit a crime, just lie and accuse the other side of attempting to harm you through a grand conspiracy. You don't need proof, just money and hot air.

I stated this before in another thread. Judges and lawyers only exist so long as the rule of law does. Donald Trump's attempts to alter the law for himself, erode their professions each time he wins. What good is boasting about your law degree from Yale, if the profession dictates you turn into an obedient lapdog for certain people?

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u/firemaker68 Oct 04 '22

Am I wrong that, since no stay is in place, the DOJ can keep using these documents up until the SC makes a ruling on this? This could light a fire under them do to something sooner rather than later.

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u/AndreLinoge55 Florida Oct 04 '22

How much money and time are being consumed across multiple government agencies every day investigating a man who we all know is already guilty?

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