Trump didn’t argue #1 at all, which was pretty much dispositive of the case. Trump conceded there was no “callous disregard” of his constitutional rights. The 11th Circuit correctly held that, without that, the other 3 factors don’t matter.
Even so, they evaluated them. For #2, Trump showed no individual need for the return of any documents, and for #3, Trump showed no irreparable harm.
For #4, Rule 41(g) provides for the return of unlawfully seized property.
The 11th Circuit got it right.
Are Trump’s lawyers scamming him?
Fascinating.
How on earth did his lawyers not argue there was callous disregard for his constitutional rights & the Constitution in general with regard to Presidential archives?
Thanks for your expertise