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[EuchreJack]

Ok, I now have a newfound respect for the DOJ:
https://amp.cnn.com/cnn/2022/09/08/politics/mar-a-lago-special-master-justice-department/index.html

[anewaname]

Even if the DoJ team has honest intent to carry out their task, someone may already prepared the transcript for a dog-and-pony act that ends with the DoJ case stalling.

The DoJ quoted from the 1974 Nixon case, where the Supreme Court voted 9-0 against Nixon's claim of executive privilege.DoJ quoted from this paragraph:

Spoiler (click to show/hide)

5. Although the courts will afford the utmost deference to Presidential acts in the performance of an Art. II function, United States v. Burr, 25 F. Cas. 187, 190, 191-192 (No. 14,694), when a claim of Presidential privilege as to materials subpoenaed for use in a criminal trial is based, as it is here, not on the ground that military or diplomatic secrets are implicated, but merely on the ground of a generalized interest in confidentiality, the President's generalized assertion of privilege must yield to the demonstrated, specific need for evidence in a pending criminal trial and the fundamental demands of due process of law in the fair administration of criminal justice. Pp. 418 U. S. 707-713.

What happens if the DoJ appeals to the 11th Circuit to bypass the current court? Does the 11th Circuit's Justice take the case? The 11th is Clarence Thomas's court.

Ginni Thomas is involved in the creation/buildup of the election fraud narrative (texts to Mark Meadows a few months before Jan 6th and the "fake electors plot".

So, what happens if the DoJ can't get the Supreme Court to overrule the lower court? Maybe Clarence will decide everything the DoJ says is true except for "that one little thing" and allow the lower court's decision to stand?

[EuchreJack]

Yeah, I am worried the appeal itself might bump into more Trumpers. But the DoJ is creating uncertainty in the District Judge's mind, which can lead to better decisions from the District Court.

I think Roberts is ready to hammer Trump hard. But who's going to be the Brutus?*
Alito got to write the opinion he always wanted to write, Thomas obviously likes Trump, and the remaining conservatives were put there by Trump.

*My point is that I suspect one of the Trump appointees actually would rule against Trump in some way as this matter evolves.

[hector13]

It was a Trump appointed judge that signed off on the FBI search warrant.

The Supreme Court is just so obviously an activist court at this point I’m not sure it matters that much. Last I looked, public trust in them was like, low 20s percentage-wise.

[EuchreJack]

It was a Trump appointed judge that signed off on the FBI search warrant.

The Supreme Court is just so obviously an activist court at this point I’m not sure it matters that much. Last I looked, public trust in them was like, low 20s percentage-wise.

From what I understand, that actually means they're more likely to do the right thing.

The Supreme Court generally keeps track of the perceptions of their legitimacy, and when it gets too low they start to cultivate legitimacy by doing legit things.

They could, for example, hammer Trump hard to restore their legitimacy, then skew right for the remainder of Biden's term. You know, like in a Paradox game!

[hector13]

I don’t know man. Public support for abortion, at least in the first two trimesters, was at least in the majority.

It’s possible the legal basis for it is what prompted the change, but given the implications in the opinion about going after other SCOTUS protected things like gay marriage, I’m not sure they care what people think.

Possibly the best that comes out of it is term limits for SCJs.

[EuchreJack]

I don’t know man. Public support for abortion, at least in the first two trimesters, was at least in the majority.

It’s possible the legal basis for it is what prompted the change, but given the implications in the opinion about going after other SCOTUS protected things like gay marriage, I’m not sure they care what people think.

Possibly the best that comes out of it is term limits for SCJs.

I actually don't believe in term limits for SCJs.  The lack of term limits is what eventually gets them to be less political.
Distance from the President that put them there means they can be themselves and not the person that put them there.
Justice Anthony Kennedy is the most recent example of this.

EDIT: Oh hey, retired Justice Kennedy has something to say about Activists Courts: "An activist court is a court that makes a decision you don't like."

[Lord Shonus]

It’s possible the legal basis for it is what prompted the change, but given the implications in the opinion about going after other SCOTUS protected things like gay marriage, I’m not sure they care what people think.

That was from Thomas only, not the main opinion.

[Micro102]

A reminder. Justice Thomas' wife participated in the attempt to overturn the election and the justice refuses to recuse himself from cases about the insurrection. He could absolutely rule in ways to protect his wife from consequences at the expense of democracy.

[Loud Whispers]

A reminder. Justice Thomas' wife participated in the attempt to overturn the election and the justice refuses to recuse himself from cases about the insurrection. He could absolutely rule in ways to protect his wife from consequences at the expense of democracy.

Surely... It's against the law to preside over 1st degree relation cases?

[Micro102]

Last time I looked it up, it seemed pretty vague for Supreme Court cases. Also, does it need to be 1st degree relation? What about a more broad "it was ok to try and overturn the election" for someone else? Precedent and whatnot.

I'm also just reading today that his wife is well-connected to the groups that lobbied him for the abortion ruling.

I think it's clear that the GOP just injects the most corrupt partisan judges they can into the court and that it's no longer reasonable to consider them.legitimate.

[Starver]

...just wondering, because of this what Bay12's Leftpondians think about our other recent change in national leader. And, indeed, if you knew much about that before following that link.

(And Biden is no Reagan (in both positive and negative ways), such that the idea of the whole Thatcher-thing (in her 'prime') is a non-starter with the 'new gal'...)

[Rolan7]

Okay that's an interesting question.  I should probably compile what I know about him before clicking.
He is pro-union, is the first thing that springs to mind.  F'ing weird for even a leftist in American politics, much less a president.  But he does seem to care about the workers, which means giving them new jobs as thing change.

He uh.. well he likes the Affordable Care Act but let's only hold that against him as long as he lets Americans die over money.

He certainly did some good shit recently.  I'm still recoiling.  Credit for forgiving a portion of the loans taken from our youngest generation who were trying to chase the American dream.
Like me, they were told "If you don't want to  be like the [people of color](NOT the word my dad used), you better get a degree.

I continue to be in a weird spot.  I am never going back to being lib, or maybe I could, but mostly I'm happy that the democrats are finally doing good things.  EVEN A LITTLE.

[Rolan7]

Also yes I appreciate Obama giving me the right to marry.  Libs do good things.
When and only when we force them.

VOTE

[Max™]

I thought the below was interesting about the Trump case:
https://amp.cnn.com/cnn/2022/09/05/politics/trump-special-master-mar-a-lago-ruling/index.html

... didn't guess Trump getting out of this by one of his appointed Judges fixing it for him. Kinda feel stupid for not guessing that.

This doesn't get him out of shit. The review that is being "halted" is already annouced to be completed - right now they're in the "processing" stage that can continue. Moreover, the "special master" reviewing the case (for any of Trump's personal papers that the government doesn't have the right to, they can't dismiss the material that is actually legally dangerous to Trump) will have to have clearance for all the documents in question. The number of such people who have those clearances (remember, we have confirmation that some of this is "born secret" material that maxes out the secrecy level) is very small - quite possibly in the low four digits. Even if there's some magic argument that the special master could make to magically make things go away, the odds of finding somebody in this extremely small group who is willing to put their neck on the line to do so is, to put it mildly, infinitesimal.

The best case scenario for Trump is that this buys a few months to a year delay before returning to the exact same doomsday tract, and maybe Something Else will happen to buy him more time after that. The worst case for him is that the DOJ appeals and the judge immediately says "what the fuck was she smoking" and throws it out. Middle case is that they find a special master, this person goes through it in a week or two and finds anything that has to go back to Trump, and things proceed as if the ruling had never happened. The realistic case is somewhere between worst and middle.

Funny twist: one of the people the orange moron suggested is actually a good judge and definitely not likely to be the easy pushover rubberstamp they expected when they put the name up.

Also fun that they tried to suggest the DOJ split special master costs, pretty sure they can just flat out refuse that: you want to demand a special master YOUR stupid orange ass has gotta foot the bill, ain't no constitutional right to fall back on there fucko.

The DOJ response was also excellent, they point out that the orange moron has no rights over any of the classified documents, has no claims under Richey, and in fact the irreparable harm at issue is on the side of the GOVERNMENT if the classified document exposure tracing is hindered in any way, which is a wonderful way of taking the stupid bullshit that stupid fucking piece of shit judge PULLED OUT OF HER ASS for the orange turd and his lawyers and deflecting it so it stabs her in the gut before twisting it around.