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The Courts Reassert the Constitution – Again

December 1, 2022 By terrymcginty

The 11th Circuit federal court of appeals puts an end to the shenanigans in the Mar-a-Lago documents case in an absolutely beautifully-written opinion by a three-judge appellate panel (two Trump appointees and one GW Bush appointee) that wraps up by citing to a Supreme Court opinion dating from the year 1794:

“…Only one possible justification for equitable jurisdiction remains: that Plaintiff is a former President of the United States. It is indeed extraordinary for a warrant to be executed at the home of a former president—but not in a way that affects our legal analysis or otherwise gives the judiciary license to interfere in an ongoing investigation. The Richey test has been in place for nearly fifty years; its limits apply no matter who the government is investigating. To create a special exception here would defy our Nation’s foundational principle that our law applies “to all, without regard to numbers, wealth, or rank.” State of Georgia v. Brailsford, 3 US. (3 Dall.) 1, 4 (1794)….”

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Comments

  1. Christopher says

    December 1, 2022 at 9:06 pm

    “A sideshow” is literally how the 11th circuit characterized 45’s arguments.

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