The prohibition of the theft and hoarding of classified documents (along with other publically owned materials) in the law applies to everyone.
…This appeal requires us to consider whether the district court had jurisdiction to block the United States from using lawfully seized records in a criminal investigation. The answer is no.
Former President Donald J. Trump brought a civil action seeking an injunction against the government after it executed a search warrant at his Mar-a-Lago residence. He argues that a court-mandated special master review process is necessary because the government’s Privilege Review Team protocols were inadequate, because various seized documents are protected by executive or attorney-client privilege, because he could have declassified documents or designated them as personal rather than presidential records, and—if all that fails—because the government’s appeal was procedurally deficient. The overnment disagrees with each contention.
In considering these arguments, we are faced with a choice: apply our usual test; drastically expand the availability of equitable jurisdiction for every subject of a search warrant; or carve out an unprecedented exception in our law for former presidents. We choose the first option. So the case must be dismissed…
…Indeed, Plaintiff does not press the district court’s theory on appeal. Instead, he argues that the Presidential Records Act gives him a possessory interest in the seized documents. This argument is unresponsive. Even if Plaintiff’s statutory interpretation were correct (a proposition that we neither consider nor endorse), personal interest in or ownership of a seized document is not synonymous with the need for its return.3 In most search warrants, the government seizes property that unambiguously belongs to the subject of a search. That cannot be enough to support equitable jurisdiction….
(footnote) 3 During discussion of this factor at oral argument, Plaintiff’s counsel noted that the seized items included “golf shirts” and “pictures of Celine Dion.” The government concedes that Plaintiff “may have a property interest in his personal effects.” While Plaintiff may have an interest in these items and others like them, we do not see the need for their immediate return after seizure under a presumptively lawful search warrant.
….Having failed to show his own need, Plaintiff attempts—as he did in the district court—to reverse the standard, arguing that the government does not need the non-classified documents for its investigation. This is not self-evident, but it would be irrelevant in any event. Plaintiff’s task was to show why he needed the documents, not why the government did not. He has failed to meet his burden under this factor….
….Plaintiff’s alternative framing of his grievance is that he needs a special master and an injunction to protect documents that he designated as personal under the Presidential Records Act. But as we have said, the status of a document as personal or presidential does not alter the authority of the government to seize it under a warrant supported by probable cause; search warrants authorize the seizure of personal records as a matter of course. The Department of Justice has the documents because they were seized with a search warrant, not because of their status under the Presidential Records Act. So Plaintiff’s suggestion that “whether the Government is entitled to retain some or all the seized documents has not been determined by any court” is incorrect. The magistrate judge decided that issue when approving the warrant. To the extent that the categorization of these documents has legal relevance in future proceedings, the issue can be raised at that time….
….The law is clear. We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so. Either approach would be a radical reordering of our caselaw limiting the federal courts’ involvement in criminal investigations. And both would violate bedrock separation-of-powers limitations. Accordingly, we agree with the government that the district court improperly exercised equitable jurisdiction, and that dismissal of the entire proceeding is required.
The district court improperly exercised equitable jurisdiction in this case. For that reason, we VACATE the September 5 order on appeal and REMAND with instructions for the district court to DISMISS the underlying civil action.
No one is above the law. No one.
Schadenfreude-a-Lago (August 8, 2022)
Barking out approved talking points with the rest of the MAGA seals (August 9, 2022)
Former County Sheriff Publicly Denounces “No one is above the law” (August 10, 2022)
He was framed! (August 11, 2022)
And your point is? (August 11, 2022)
Proliferation (August 12, 2022)
Now what, Josh (r)? (August 12, 2022)
Lock him up (August 31, 2022)
“He went to Jared…” (September 2, 2022)
The Special Counsel always rings twice (November 18, 2022)
This morning, on National Public Radio:
Donald Trump is officially running for president in 2024
November 16, 20225:01 AM ET
Heard on Morning Edition
Donald Trump, who tried to overthrow the 2020 presidential election results and inspired a deadly riot at the U.S. Capitol, announced Tuesday night that he has launched a 2024 presidential bid.
Eric Schmitt @Eric_Schmitt
We also suing @MissouriSBA for concealing it’s involvement with CRT in Missouri schools. For example from 2014 until recently Educational Equity Consultants’ website listed MSBA as a client. EEC pushes the 1619 Project & Ibram X Kendi’s works. #moleg #CRT
11:35 AM · Mar 15, 2022
Some of the responses:
Explain what CRT is to us, Eric.
Please provide a list of all the MO elementary and secondary schools that teach CRT. Really? I didn’t think so. Enough with the dog whistles. You’re better than this. Or maybe you just aren’t.
Narrator: “He isn’t.”
Gonna miss a filing deadline on this one too?
Hey Eric why are you afraid of history? I bet your nickname in middle school was Eric Shitt wasn’t it?
I shouldn’t be but im still aghast that people like you exist in 2022. I really grew up thinking overt racists were extinct. [….]
What happened to you? When I knew you, you were a decent person. What radicalized you?
And Lord did you even read or listen to the 1619 project? Or did you just read other people’s opinions on it? Because I think you haven’t actually read it.
“its”. You should have paid more attention in English class.
He shouldn’t have slept through law school either.
Once you lose the primaries I’m curious if you will still pander this hard to the most hateful of all in America?
Yes. This has been another edition of short answers to simple questions.
Oh FFS. You are grasping at anything you hope will poke a MAGA. Have a little self respect.
He crossed that bridge a long time ago.
Have you always secretly been a terrible person, or just became one for power? Honestly don’t know which would be worse
Just when I thought you couldn’t get more ridiculous, frivolous and wasteful… there you go again.
Get fucked. Stop wasting our money on your senate campaign, grifter.
Tell us what CRT is. Go ahead….we will wait for you to show your ignorance once again.
You’re an idiot. No high school teaches CRT. You likely have no idea what it really is. Your fascism is showing.
Why do you hate American History?
Speaking of school, I would hope my AG would understand how apostrophes and commas work.
I’m not usually a big fan of pointing out typos, but this is par for the course for you.
You’re an idiot.
Eric you dipshit, you don’t even know what CRT is.
You are a waste of space.
Mistaking mindless repetition for erudition (February 14, 2022)
Eric Schmitt @Eric_Schmitt
Big night at our Mar-a-Lago event. God bless America. [….]
8:03 AM · Mar 11, 2022
Some of the responses:
Did he convince how Putin’s War is encouraging building wind generators that are terrible?
By the way, did you donate any money to him for a new plane?
Nice. Did he tell the audience how much he loves Putin?
Hope it was worth it, Eric.
Seems empty since the ban on Russian oligarch travel.
Aren’t you running in MO, why are you campaigning in FL?
What part of Missouri is that in?
Putin is forever grateful that he has Republicans taking his side
Paling around with wannabe dictators that loves other dictators. Please tell me why we should vote for you again?
God save Missouri and the rest of the country from this chucklehead
Looks like he grabbed another pussy.
Embarrassing. America wants nothing to do with Putin’s cranky whipping boy and neither should you. Democracy matters.
You grabbing them like Trump?
DJT attempted to overturn an election and, effectively, end democracy.
Why do you hate democracy, Eric?
Did he grab your pussy, Eric? [….]
You are a spineless, weak, little lap dog.
So you have sworn allegiance to a liar and con man.
There’s more. There’s always more.
Anything for a dollar.
Michael Bersin @MBersin
@LesterHoltNBC I missed the point in your interview with William Barr (r) where you asked him why he waited to speak out until he was ready to sell his “tell-all” book.
5:52 PM · Mar 3, 2022
Mr. Newberger @jeremynewberger
I wouldn’t buy Bill Barr’s book, but I wouldn’t rule out paying to see him shove it up his ass.
12:12 PM · Feb 27, 2022