Donald Trump is making a hail Mary appeal to the U.S. Supreme Court in a desperate bid to reverse the well reasoned opinion of the U.S. Court of Appeals for the D.C. Circuit, trying to keep his incriminating White House documents secret from the congressional committee investigating the Jan. 6 attack on the Capitol.
As I said earlier, “There is no legally justifiable reason for the Supreme Court to review this case. The District Court and Court of Appeals opinions are well reasoned and based upon prior Supreme Court precedents (the Nixon cases). The privilege is qualified. The crime-fraud exception to executive privilege eviscerates the privilege. There cannot be executive privilege for a president to engage in the high crimes of sedition, insurrection and treason, and then hide his criminality behind an assertion of executive privilege. If the Supreme Court grants review in this case, it will be the most partisan political move since Bush v. Gore.”
NBC News reports, Trump asks Supreme Court to block White House records from Jan. 6 committee:
Lawyers for former President Donald Trump on Thursday asked the Supreme Court to block the National Archives from turning over White House records to the House committee investigating the Jan. 6 riot at the Capitol.
In a petition filed with the high court, lawyers for Trump said the Washington, D.C., Court of Appeals erred in its ruling earlier this month directing the records to be turned over, and urged the Supreme Court to intervene.
“This case involves important constitutional, statutory, and precedential limits placed on congressional requests for presidential records,” the petition says.
“Despite clear precedent and the unambiguous dictates of statute, the D.C. Circuit upheld the Committee’s broad requests and refused to honor President Trump’s well established claims of executive privilege,” the filing says.
The exact opposite is true. Read the well reasoned opinion. Donald Trump has third-rate lawyers who put his unhinged ravings into legal pleadings, failing to exercise their legal judgment or to control their unhinged client.
[T]he Court of Appeals ruling found that although Trump retained some authority to claim executive privilege, it wasn’t strong enough to overcome President Joe Biden’s decision that Congress has a legitimate need for the material.
“The executive privilege for presidential communications is a qualified one that Mr. Trump agrees must give way when necessary to protect overriding interests. The president and the legislative branch have shown a national interest in and pressing need for the prompt disclosure of these documents,” Judge Patricia Millett wrote for the court.
The court put a 14-day hold on the ruling to allow Trump’s lawyers time to appeal.
It’s unclear if the Supreme Court will agree to hear the case. If it does not, the Court of Appeals ruling would stand and the records would have to be turned over. If it does, the committee’s efforts to obtain the records could be delayed for at least months.
Delay is the only game that Donald Trump and his third-rate attorneys know. The Supreme Court should not be complicit in Trump’s obstruction of Congress and obstruction of justice, and become another accessory-after-the-fact to his ongoing seditious insurrection against the U.S. government by granting review.
The Court has a conference day scheduled for Friday, January 7. In its Orders issued on Monday, January 10, the Court should dispose of this frivolous appeal with a one sentence order: “cert denied.”
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As predicted, The Vulgar Talking Yam asks “Mommy”, is denied, and runs to “Daddy” (or it could be Daddy, then Mommy) with the same question hoping for a different outcome. Just like a five year old.
Related: Coup plotter Ret.Gen. Michael Flynn also sued the January 6 Committee seeking a restraining order to block his compliance with the committee’s subpoena. A federal court wasted little time denying his frivolous claim – an example that SCOTUS should follow with Trump’s frivolous appeal. “Judge denies Michael Flynn’s request for restraining order against Jan. 6 committee”, https://www.nbcnews.com/politics/congress/judge-denies-michael-flynn-s-request-restraining-order-against-jan-n1286507
A federal judge in Florida on Wednesday denied Michael Flynn’s request for a temporary restraining order to block subpoenas from the House Jan. 6 committee compelling him to testify and to produce scores of documents.
The judge took action the day after Flynn filed his motion in federal court in Florida, where he lives.
U.S. District Judge Mary Scriven of Tampa said Flynn’s motion, which was filed Tuesday, failed for two reasons, including a lack of urgency.
She noted that the committee postponed Flynn’s deposition to “a date to be determined.” And while the committee’s subpoena said he should produce the documents it requested by Nov. 23, “there is no evidence in the record as to the date by which the select committee now expects Flynn to comply with its document requests,” she said.
For those and other reasons, Scriven said, “there is no basis to conclude that Flynn will face immediate and irreparable harm,” which is what he would have to demonstrate to get a restraining order.
Scriven said Flynn’s lawyers also failed to follow the correct procedure for such requests. Federal rules require someone seeking a temporary restraining order to notify the other party or parties — in this case, House Speaker Nancy Pelosi, D-Calif., and the Jan. 6 committee — or say why the notice shouldn’t be required. Flynn’s lawyers failed to do either, an omission that the judge said was fatal to his motion.
Scriven also said Flynn can try again “if he believes he can comply with the procedural requirements.”
There seems to be an abundance of third-rate lawyers who represent Republicans.