Posted on 01/16/2024 6:39:27 PM PST by Red Badger
In a 14-page opinion and ruling today [SEE pdf HERE] four judges from the DC Circuit Court of Appeals deconstruct the previous ruling from their own court as well as the DC judge beneath them that gave Special Counsel Jack Smith access to President Trump Twitter account data and then enforced a non-disclosure order.
There are multiple layers to this story, but the substantive part is the scheme and the construct of how the Lawfare took place. There’s no way this was coincidental; I’ll explain why.
First, there are only 7 members on the full DC Circuit Court of Appeals. When the Twitter case to gain access to President Trump communication came to the appellate level, somehow all three of the most left-wing judges were assigned to hear the appeal.
An “en banc” review would have included the full 7 members. However, that review was made moot by the release of the information (a result of the appellate decision). The release itself was done with the use of a non-disclosure order, hiding the ruling in secrecy and keeping President Trump from knowing about it. Once the other four members of the DC CCA eventually found out about the case and the ramifications for ‘executive privilege’ their opinion lambasting their own court is released.
As noted from the panel, “the court here permitted a special prosecutor to avoid even the assertion of executive privilege by allowing a warrant for presidential communications from a third party and then imposing a nondisclosure order.”
The Circuit Court justices note that Jack Smith could have gone to the National Archives for the information as they held the same set of documents and information. However, Smith didn’t want to go that route because the National Archives would inform President Trump as customary and provide him the ability to assert executive privilege over any of the 32 Direct Messages requested.
Jack Smith didn’t want President Trump to know the prosecution was looking through his Twitter metadata and personal communication, so they went to district court under seal to file their search warrants in secrecy; then banning Twitter (the third party) from telling President Trump about it. The four justices from the DC Circuit Court of Appeals are furious the other three members of the court went along with this precedent setting usurpation of authority.
President Trump could not appeal any part of this process because he was unaware it was taking place. In essence, a star-chamber of secrecy was established and the majority on DC Circuit Court of Appeals is not happy about it.
Jack Smith gained access after Twitter lost the 3-judge Circuit Court appeal decision. So, an en banc full 7-member ruling is essentially moot. The information was released, and Smith had access without President Trump or the White House having any option to assert privilege.
…”While a Twitter account primarily consists of public tweets, it may also include some private material, such as direct messages between users, drafts, and personal metadata. In fact, the material produced by Twitter included several dozen direct messages written by a sitting President. The district court afforded no opportunity for the former President to invoke executive privilege before disclosure, and this court made no mention of the privilege concerns entangled in a third-party search of a President’s social media account. This approach directly contravenes the principles and procedures long used to adjudicate claims of executive privilege.” [pdf HERE] The ruling provides no remedy other than public scrutiny and perhaps fuel for Florida Judge Aileen Cannon who already has Special Counsel Jack Smith on his heels after several rulings in the Mar-a-Lago documents case.
What the publicity does is highlight to the world just how politically motivated all of this aforementioned action really is. Lastly, what are the odds of the random 3-judge panel to approve it. Even the DC Circuit Court itself seems to imply this was a structured outcome, which is even more infuriating to the majority within the court.
This was a MINORITY opinion. The fact is Smith won the case.
Eff this skeezy banana republic that we live in.
I think we now have a defition of “cleaned his clock.” LOL
I just posted this on another thread, which might be a factor:
They also know that Trump will break up the ridiculous, completely-outmoded monopoly that is Washington, D.C. Quartering departments in logical places — Commerce in New York, say, Interior in Denver, Agriculture in Omaha, Treasury in Kentucky, etc. Moving those agencies closer to the people they serve, and econonomically-energizing their new locations. It is absolutely ludicrous here in 2024 that the federal government remains cloistered in a decaying and violence-prone city of 700,000 people.
The swamp rats would love to get DJT in prison so he can commit suicide.
You mean like Epstein?
3/7 * 2/6 * 1/5= 6/210 = 3/105. The odds of getting the 3 most Communist Judges out of 7 is therefore 3 out of 105 or a little less than 3%.
Hanging, for attempted insurrection and treason?
This sneaky little snake will come up with some other scheme.
The reason he did this was ‘time’.
He knew if he went in with a unsealed request for a warrant, Trump’s lawyers would immediately claim ‘Executive Privilege’, which would require appeal after appeal to resolve all the way to the SCOTUS.
He couldn’t wait that long, because he has to get Trump convicted before the November election.
Yesterday’s Iowa results just added gasoline to the fire.
The Left will resort to more definitive methods now..............
3/105 = 1/35. The odds are one out of 35.
Maybe the 3 judge panel could sua sponte rehear the issue and issue an new order. The circus could go on for a while. There is no controlling legal authority apparently.
Deconstruction is a cooking technique anyway.
Or maybe they could just grant Smith an immediate arrest warrant, book Trump and get him in jail without bail, then deny the habeus corpus writ and it will be ages before this group of 4 judges could countermand the order, and then the three judges could deny a stay while they all seek cert in the supreme court. Who knows where Roberts would stand on all of this.
> Who knows where Roberts would stand on all of this.<
With the global cabal. They have him blackmailed..................
.
Agree that Smith should be disbarred and the 3 judges removed, as well.
This weasel Smith and the judge who allowed this travesty should both be disbarred and charged with malfeasance.....
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No consequences, because there’s never any accountability.
“Trump has already served one term and displayed no “dictatorial” tendencies. What are these people so afraid of that they would go to these lawless lengths - including the judiciary - to go after Trump?”
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They’re not afraid of Trump being a dictator. They’re just saying those words to scare the typical low info non-political voters into rejecting Trump.
The only thing they’re scared of with Trump, is that he will root out the rot in DC.
“Smith is a Demon and that’s no exaggeration. imo”
He was always in the background. Every time he showed up at a hearing, there he was behind all the nefarious players that testified under oath and lied their asses off.
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