DC Court of Appeals sends Trump an ominous sign claiming executive privilege

0
21

POLITICUSUSA

Donald Trump’s need for secrecy, his reliance on extensive claims to executive privileges (beyond his term in office) to withhold documents from the House of Representatives Special Committee, was dealt a blow yesterday when the Court of Appeal brought an ominous sign to “Camp Trump”. “

The DC appeals court informed the parties that it would like to include a section in the parties’ pleadings about whether the court has jurisdiction to hear the case. What is important, according to Williams, is the fact that the court raised the issue itself. “[C]ÖUrts usually protect their jurisdiction and the fact that [the DC Court of Appeals] asked this question on its own, which means it was not proposed by the lawyers on the case, “is important as it shows that they have concerns beyond those raised by the committee’s lawyers.

Williams is certainly right in general, but it should also be noted that federal courts are reluctant to try almost any case that involves privileges between Congress and the executive. The fact that the court brought the matter up on its own means, of course, that the judges might believe that they do not even have the authority to issue the order that Trump is seeking.

Of course, Trump will appeal to the SCOTUS against any decision against him. But if he’s easily defeated in the district court and (possibly) at the appeals court level, it is possible that the SCOTUS will refuse to even hear Trump’s case. Although the SCOTUS has three “MAGA” judges, they too – probably – do not want to settle any disputes about executive privileges.

Regardless, the DC appeals court’s concerns should no doubt worry Team Trump and ensure the committee gets access to the documents it is looking for much sooner.

Jason Miciak is a political writer, writer, writer, and lawyer. Originally from Canada, he grew up in the Pacific Northwest as a dual Canadian-American citizen, for which he is more grateful every day. Now he’s enjoying life as a single father, writing about the beaches on the Gulf Coast and getting advice from his beloved daughter and teammate. He’s pretty much the dreamy mystic who can’t add anything and loves dogs more than most people. He also enjoys studying cooking, theoretical physics, cosmology and quantum mechanics. He likes pizza.

Please visit his Substack newsletter and get the first month for free: Much Ado About Everything: By Jason Miciak

Source Link

Leave a Reply