PRESIDENT DONALD J. TRUMP’S NOTICE OF SUPPLEMENTAL AUTHORITY
President Trump respectfully submits this Local Rule 7.8 Notice regarding the impact of Trump v. United States on pending motions relating to Presidential immunity and the Appointments and Appropriations Clauses.
Trump guts the Office’s position that President Trump has “no immunity” and further demonstrates the politically-motivated nature of their contention that the motion is “frivolous.” ECF No. 376 at 6, 20. Trump also confirms that the Office cannot rely on “official acts” evidence in this case. 2024 WL 3237603, at *19; ECF No. 324 at 16-18. By separate motion, we seek leave to submit supplemental briefing on these threshold issues.
Justice Thomas’s concurrence in Trump adds force to the motions relating to the Appointments and Appropriations Clauses. Justice Thomas cited Justice Scalia’s Morrison dissent, which is consistent with Justice Kavanaugh’s comment at oral argument in Trump that Morisson was “one of the Court’s biggest mistakes.” 4/25/24 Tr. 142:12-14. Highlighting grave separation-of-powers concerns, Justice Thomas suggested that 28 U.S.C. §§ 515 and 533 do not establish “by Law” Jack Smith’s position under the Appointments Clause. By extension, these statutes are not “other law” under the relevant appropriation, and these “essential questions” should be addressed “before proceeding.” 2024 WL 3237603, at *25.
https://x.com/LauraLoomer/status/1809372071870205963?t=TYaEbtWOYrvTwobxdFo-GA&s=03
LAURA LOOMER: Joe Biden is reportedly having a medical emergency on Air Force One right now. Press access has been removed.