Tuesday, October 04, 2022

Because, Of Course He Is

Please to note this will be in the nature of an interlocutory appeal. And there's nothing in the record to indicate Trump has a possessory interest in these documents; or that they were declassified by his mind, or otherwise; or that he has the authority under applicable law to be in possession of them now or at anytime since January 20, 2021, at 12:01 p.m. EST.

I think the interlocutory appeal is the biggest hurdle, though.  Put simply, appellate courts don't take appeals that are not on final rulings (dismissal, trial on the merits, etc.) except under "extraordinary circumstances."  That has to apply to the lower court ruling, not to the fact the 11th took DOJ's interlocutory appeal.  This will be an appeal from the 11th, not the trial judge, and new circumstances apply.  Such appeals can be made; but it's easy grounds for the Supremes to say "No, we don't think so."

And if they do, Trump has all those other problems to contend with.  The Court didn't give Trump a hearing on any of his appeals in late 2020 on election fraud.  I don't see them touching this fresh cow pie, either.  Had a more competent trial judge simply tossed Trump out on his ear to begin with (as should have happened, IMHLO), the appellate courts wouldn't even be briefing this nonsense.
I had forgotten that. That may well do it, too. (One is continually reminded not to underestimate the stupidity of Trump's lawyers.) And it's a pity they can't get this before the Supremes: That record is closed. But they might be able to slip it to the 11th Circuit. Trump really is his own worst enemy. (Somewhere in her book, Maggie Haberman reported on aides who said Trump considered the documents at Mar-A-Lago his personal property. Now he just comes out and says it. At some point Chris Kise is going to consider writing Trump a check out of his escrow account and cutting loose of this Titanic....)
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