The Soapbox

CMUHoo

Joined: 09/19/2008 Posts: 3846
Likes: 6800


Here you go. I'd say creating a "special exception" for Trump is bias.


From page 20-21:

"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 U.S. (3 Dall.) 1, 4 (1794). "

"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."

(In response to this post by Los Angeles Hoo)

Link: 11th Circuit Ruling


Posted: 04/15/2024 at 8:25PM



+0

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