Thursday, December 01, 2022

🤦‍♀️

I’m pretty sure I said this back when the case was filed. It doesn’t matter, but I’ve been waiting for a court to realize Cannon never had jurisdiction. (Lack of jurisdiction means the court doesn’t have, and never had, any authority over the parties or the issues raised in the case.) So everything is unzipped, everybody return to square one. Sort of like an annulment: it’s as if the case never happened.

That’s not the slap down. This, at least in part, is: "Our usual test" is appellate judge speak for: “Where did you go to law school?”

So is this: Here, let them spell it out for you: This is a good summary:
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.
Everything in that quote before “Accordingly” is pretty much stating: “This is so basic we really shouldn’t have to explain it to a sitting federal judge.” Although maybe I should render that in all caps to make the meaning plain.

I mean, all the panel left out was a facepalm GIF. 🤦 

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