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Wed Oct 5, 2022, 04:06 PM

Clarence Thomas Could Bypass Supreme Court to Give Trump Major Win

BY NICK REYNOLDS ON 10/5/22 AT 3:00 PM EDT

Legal experts say conservative Supreme Court Justice Clarence Thomas has unilateral authority to restore an outside reviewer's authority to review and potentially withhold 100 documents found at Donald Trump's Mar-a-Lago estate from evidence in an ongoing inquiry into whether the former president illegally removed classified materials from the White House.

In a legal brief filed with the United States Supreme Court on Tuesday, Trump's attorneys requested the Court—specifically, Thomas—reconsider a prior ruling granting an appeal by the Department of Justice to exempt more than 100 documents marked as classified from review by the Trump-designated special master, Raymond Dearie.

If the Court rules in Trump's favor, Dearie would then be permitted to decide whether the documents are subject to executive privilege, thereby causing the Department of Justice to risk losing key pieces of evidence in its case against Trump as it seeks to prove he willingly and knowingly removed classified documents from his time in the White House.

"The Trump filing is a predictable attempt to derail the ongoing DOJ investigation," Michael McAuliffe, a former federal prosecutor and an adjunct professor at the College of William & Mary Law School, told Newsweek in an email. "While extraordinary, the emergency request is procedurally available for a litigant to use."

More:
https://www.newsweek.com/clarence-thomas-could-bypass-supreme-court-giving-donald-trump-major-win-1749246

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Response to Judi Lynn (Original post)

Wed Oct 5, 2022, 04:10 PM

1. Ginni will say

..."Clarence, it'd be a real shame if I could no longer have sex", and that will be that.

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Response to GenXer47 (Reply #1)

Wed Oct 5, 2022, 04:11 PM

2. I'm not sure that would be a valid argument.

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Response to Lochloosa (Reply #2)

Wed Oct 5, 2022, 04:15 PM

3. I don't think it is either

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Response to JohnSJ (Reply #3)

Wed Oct 5, 2022, 04:58 PM

11. I just urped up a little

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Response to CurtEastPoint (Reply #11)

Wed Oct 5, 2022, 05:00 PM

12. lol

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Response to Judi Lynn (Original post)

Wed Oct 5, 2022, 04:17 PM

4. I have no idea how nuts Thomas will go on this, but even if it was sent back to Dearie, I have full

confidence that Dearie would do the right thing.

So, I'm not sure there needs to be any hysteria around this simply because it goes to Thomas initially. The filing is extremely limited and it will have (ultimately) little impact.

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Response to hlthe2b (Reply #4)

Wed Oct 5, 2022, 04:21 PM

5. Exactly, and he will release the classified documents back to the DOJ. The only thing this

will do is cause a delay

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Response to JohnSJ (Reply #5)

Wed Oct 5, 2022, 04:52 PM

10. Delay is the game plan. Just delay until the defendant is dead. Job done!

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Response to hlthe2b (Reply #4)

Wed Oct 5, 2022, 04:26 PM

7. What if Thomas thinks Ginni's fingerprints are there?

The documents were all fingerprinted. Ginni and Clarence Knows that. They also know if Ginni handled any of the ML Docs. Would they have a motive for him to rule differently than a mere procedural ruling?

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Response to Captain Zero (Reply #7)

Wed Oct 5, 2022, 04:30 PM

8. This is a procedural case. He can deny and send back, refer it to the entire SCOTUS, or

conceivably unilaterally support the filing and send it back to Dearie. He can't send it back to the Trump sycophant, Judge Cannon, nor can he provide a remedy not requested (whether or not he would be motivated to do so by self-preservation for Ginni or not).

This post from constitutional expert Steve Vladeck explains the technical aspects of why this is not going to be something to become overly concerned over (hit his twitter link in this post to read the whole thing and btw other constitutional experts like Laurence Tribe have weighed in to agree with Vladeck's assessment):


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Response to Judi Lynn (Original post)

Wed Oct 5, 2022, 04:23 PM

6. if he can do it he will

there is absolutely no way he won't

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Response to Judi Lynn (Original post)

Wed Oct 5, 2022, 04:31 PM

9. Maybe, just maybe justice 'maybe' thomas will realize that trump is NOT a king, and is

a person who stands accused of espionage and theft of government property, or at least, is accused of taking documents that he's not entitled to.

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Response to Judi Lynn (Original post)

Wed Oct 5, 2022, 09:37 PM

13. I don't know what to think anymore

I go back and forth from hour to hour, sometimes minute to minute on this... at least for those times I can't drug it out of my mind. I just can't believe we're in this mess. If it were you or I, we'd be in jail awaiting trial. That's what makes me so intensely mad. I've held secret and TS clearances in my career. If I'd screwed up once, I'd been (at a minimum) out of a job... and probably paying for the mistake with a jail sentence. And that would have been for an honest mistake! And this thing of evil does it on purpose and flaunts all laws in our face. I am to the point where I can't take it anymore, and I honestly don't know what to do... for my own sanity. My blood pressure can't take much more, let alone my mental health!

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Response to slightlv (Reply #13)

Thu Oct 6, 2022, 08:33 AM

15. Sounds like you need a break/vacation

....away from the news.

It's not a solution, but it could help.

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Response to Judi Lynn (Original post)

Thu Oct 6, 2022, 07:01 AM

14. Considering that he & his wife are in the hot seat right now, it would be utterly stupid for him to

do that. But who knows?

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