Judging Freedom - Trump asks Supreme Court to intervene (1)
Episode Date: October 5, 2022In a request addressed to Justice Clarence Thomas, who is assigned to the 11th Circuit, Trump’s legal team portrayed the DOJ’s case against Trump as political: https://www.politico.com/f/...?id=00000183-a484-d513-a19b-bfd40c910000 #TRUMP #Supremecourt See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
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Hi, everyone.
Judge Andrew Napolitano here for Judging Freedom.
I'm coming to you from Newark Liberty International Airport
in Newark, New Jersey, where I'm about to get on a flight to give a speech to many of
our friends and followers out west. But I come this morning in order to address President
and former President Trump's filing with the Supreme Court last night. He really does not
have top rate lawyers who really drop the ball because they filed the
wrong appeal. If your goal is delay, and delay is a perfectly legitimate, absolutely accepted
litigation technique, then they should have filed this appeal with the Circuit Court of Appeals in
Atlanta, which would have delayed it. And if they won there, hallelujah. And if they lost there,
they have another shot in the Supreme Court. But instead, they filed it in the Supreme Court
directly. So they skipped a step, a step which is very valuable to them because their goal is to
drag this out. Even in the Supreme Court, they filed the wrong appeal. Instead of asking the Supreme Court to
return everything back to the way Judge Cannon ordered it, whereby the Justice Department could
not use any classified documents for their continued investigation until after the special
master approved, they failed to appeal that part of the circuit court's opinion. I don't want to get too
into the weeds. Judge Cannon said everything goes to the special master and the Justice Department
has to stop their investigation of the former president until the special master goes through
all 200,000, 200,000 pages of documents. The Circuit Court of Appeals reversed that and said the special
master does not have to go through the classified documents and the DOJ can resume its investigation
of Trump. Trump's people failed to appeal both parts of that ruling. Instead of appealing to
stop the DOJ from looking at these documents, as Judge Cannon had ordered,
Trump's people only appealed that the special master must look at them as well.
Who cares what the special master sees?
The DOJ already has these documents.
They've already examined them.
But preventing them from using them is a material and substantial delay to the DOJ and help
to Donald Trump. Because they filed the wrong
appeal in the wrong court, that won't happen. Sorry for all the noise in the background.
Judge Napolitano from Newark Airport for Judging Freedom.