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.
Guilty conscience needs no accuser…..
Didn’t think they had a conscience but seems they are aware
Yes, the sneaky bastard Smith did this.................
does this also mean the Pres. Biden had no authority to remove Pres. Trump’s Executive Privilege ?
Not as I read it. The 3 judge panel ruled in favor. The other4 judges later sort of overruled it. But there is nothing to be done at this point because it was all done on the sly in secret. The damage is done and the cat is out of the bag. Maybe this can be used on a pretrial motion to suppress evidence or on appeal later.
even with this 4 judge opinion, they did not take a vote on en banc...and the petition for it was denied.
Have to go to SCOTUS...NOW !
p
That’s how they operate. Vile bastards.
It funny that Trump did not use personal email so that there would be no electronic (paper) trail of his communications. But used twitter. And Smith got the records directly from them via warrant and non disclosure. Warning to Trump don’t use twitter or any electronic communication. The precedent set is that any third party electronically can disclose confidential communication.
So the discussion notes that there are 11 Justices on the Court, not 7, and this appears to be a dissent.
Right
Don’t know....................
European style “Justice”. Trump is the only American subject to the Napoleonic Code.
They should be hung on live TV...
I’d even pay Peacock $5.99 to see that.
This was a MINORITY opinion. The fact is Smith won the case.
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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.
...snip...
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.
It might be more accurate to say Smith got a favorable opinion at the 3 judge panel level.
The fact is Smith won the case.
It might be more accurate to say Smith got a favorable opinion at the 3 judge panel level.
***********************
imo, Red Badger splains it pretty well:
To: MeanWestTexan
Yes all that ‘evidence’ is now tainted, but it cannot be put back because it was, of course, leaked to the press.
This is a total miscarriage of justice and denial of civil rights, blatant disregard of the law, and prosecutorial misconduct at the highest level...............
Agree. In my post, the comment about Smith winning the case was a quote, not my statement.
correct?
imo, more like statement that smith is guilty of prosecutorial malfeasance & committing fraud on the court
Yup, gallows in the Navy yard as happened to the last bunch of traitors.
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