PDF is the United States Department of Justice brief filled on October 14th in the case of Donald J. Trump v United States.
This brief seeks to clean up the remainder of the cluster ■■■■ created by Judge Cannon when she recklessly granted unwarranted equitable relief to Trump. The brief asks the 11th Circuit to vacate the remainder of Judge Cannon’s special master order and open all documents to immediate use by the Department of Justice.
I fully concur in the brief and with all the legal reasoning in the brief.
United States District Judges have full power in law and equity. But the Supreme Court has long placed limitations on the use of the power of equity, namely the “Richey” factors.
Foremost of the Richey factors is did the government “display a callous disregard for Constitutional rights” in seizing the materials.
And clearly they did not display any disregard for Constitutional rights in seizing the materials, let alone callous disregard. The material was seized under a warrant obtained in good faith and it is clear that Trump had no property rights in the material.
Because the first Richey factor is so clearly failed, it is not necessary to consider the remaining factors. And because the Richey test is failed, the District Court had no authority under precedent to grant equitable relief to Trump.
The 11th Circuit can and I believe they will concur with the Justice Department brief and completely vacate Judge Cannon’s grant of equitable relief and accordingly grant full and immediate access to all the seized documents to the Justice Department.
I would note that two of the 11th Circuit Judges considering this case are Trump appointees and of course I would also note the Supreme Court refused to intervene in this case earlier.
I cannot believe for a second that Judge Cannon is stupid enough to believe that she had the power to grant this equitable relief in the first place. She received the Order of the Coif in law school, so she is bright. I am more of the opinion that this was a display of raw partisanship rather than jurisprudence. Fortunately, the two Trump appointees on the 11th Circuit adhered to principle.
I hope in the future Judge Cannon realizes that she is now a Federal Judge and acts of partisanship are incompatible with that status. She can start by simply following the example of the two Trump Judges who helped overrule her.