Legal experts say a request by the Department of Justice (DOJ) in response to former President Donald Trump’s request for the Supreme Court to intervene in the dispute over documents seized in Mar-a-Lago is “compelling” and “masterful.”
Trump’s attorneys filed an emergency motion with the Supreme Court last week, asking them to allow Special Master Raymond Dearie to review the 100 documents found at his South Florida residence. The filing came in response to the 11th Circuit Court of Appeals’ ruling that allowed the DOJ to continue using the classified documents in a criminal investigation into the former president. Trump-appointed Judge Aileen Cannon previously ruled that the documents were on hold pending Dearie’s review.
The DOJ submitted its response to Trump’s request on Tuesday, the deadline set by Supreme Court Justice Clarence Thomas, who oversees cases from the 11th Circuit. The DOJ brief asked the Supreme Court to deny Trump’s request, arguing the former president had come nowhere near showing that he was “irreparably injured” by the appeals court’s ruling and had “no plausible claim to privileges or property.” demonstrates the secret documents.
Legal experts and analysts soon praised the letter on social media. Former Appellate Attorney Teri Kanefield tweeted that the DOJ filing was “extremely well done because Trump appealed on narrow jurisdiction grounds” and contained facts that would be “devastating” to Trump.
“You throw in the devastating facts,” Kanefield tweeted. “Trump had no right to have the documents, the government kept trying to get them back, Trump lied and said he didn’t have any, the government “developed evidence” that he was lying, etc. I like the phrase “developed evidence” . …because it must be driving Trump crazy not knowing who the rat is.”
Neal Katyal, Paul Saunders Professor of National Security Law at Georgetown University and former acting US Attorney General, called the filing “a masterful brief from the Supreme Court.”
“This is how it’s done” tweeted Katjal. “I think I’m a pretty good lawyer, but if I had to write Trump’s response to that crazy good letter, I wouldn’t have a clue what I would say. Not at all.”
Former federal prosecutor Joyce Vance called the brief “thoughtful” and “persuasive,” while implying that the former president appeared to be “begging” to be prosecuted by the DOJ.
“The DOJ’s response to Trump’s efforts to get SCOTUS to intervene on his behalf is thoughtful and compelling,” Vance said tweeted. “As the DOJ emphasizes, it has sought a modest and well-justified discharge from the 11th Circuit to avoid an unprecedented interference by a district judge in a criminal investigation.”
“It’s like Trump asking the DOJ to prosecute him if investigators discover he’s still hiding classified material,” she said added.
Harvard law professor and legal scholar Laurence Tribe tweeted that the filing was “absolutely devastating” for Trump, claiming that it would leave the former president’s legal team with valid arguments.
“The DOJ’s response to the emergency motion that Trump’s legal team filed with the Supreme Court, with a stopover in the chambers of Justice Clarence Thomas, is absolutely devastating,” Tribe said tweeted. “It shatters all of Trump’s arguments and leaves none behind.”
news week reached out to Trump’s legal team for comment.
https://www.newsweek.com/dojs-compelling-response-trump-scotus-appeal-hailed-legal-experts-1750959 The Justice Department’s “strong” response to Trump’s SCOTUS appeal has been applauded by legal experts