“I want my documents back!” Donald Trump wailed over his social network Truth Social, according to CBS News. The hundreds of thousands of documents never belonged to the ex-president, of course. But nonetheless, the previous POTUS requested Supreme Court Justice Clarence Thomas cancel a Circuit Court of Appeals for the 11th Circuit ruling. The court’s ruling had turned the top secret documents over to the Department of Justice (DOJ) for investigation.
The former president released a furious rant on his Truth Social site:
‘NARA lost a whole hard drive full of HIGHLY SENSITIVE information from the Clinton White House — more than 100,000 Social Security numbers and addresses, Secret Service and White House operating procedures (EXTREMELY SENSITIVE!), political records, and who knows what else.
Then the ex-president wrote further details about his “facts:”
‘They left the hard drive in an unsecured location, and didn’t realize it was gone for months — some say the data could have filled millions of books, and NARA admitted the material was “personally identifiable,” impacting thousands of White House staffers, visitors, and even one of Al Gore’s daughters. NARA actually had to offer a large ($50,000!) reward to try and get the information back. What else have they “lost?” How can Americans trust a system like this? There is no security at NARA. I want my documents back!’
But Trump was not finished. He continued:
‘On top of the lost ‘Clinton Hard Drive,” there are also tapes from the George H.W. Bush and Ronald Reagan Administrations which were lost AFTER having been ordered preserved by a Federal Judge. Some hard drives were even “damaged by sloppy handling in the transfer”? (sic) The National Archivist actually gave George H.W. Bush “exclusive legal control over all Presidential information.” Compare that to how unfairly and illegally the 45th President, me, has been treated!’
Trump was trying to sneak a quick turnaround through a Supreme Court (SCOTUS) mechanism called a “shadow docket.” As such, his appeal would circumvent SCOTUS’ traditional process that normally involved “oral arguments and opinions” and further delay the DOJ’s investigation, according to CNN:
‘Justice Clarence Thomas – the recipient of Trump’s application because he oversees litigation coming from the circuit court that is handling the special master order appeal – gave the Justice Department a deadline of 5 p.m. Tuesday, October 11, to respond.’
The ex-president’s attorneys argued:
‘[T]his unwarranted stay should be vacated as it impairs substantially the ongoing, time-sensitive work of the Special Master.’
Trump’s emergency request claimed that the DOJ should return the classified materials to the special master he requested for screening. The previous president’s fabrication was that the issue was a matter of attorney-client privilege. As such, it would grant him and his attorneys the right to view documents, some so secret that even top officials rarely if ever saw them. The recalcitrant 45 was hellbent upon slow-walking the DOJ’s case against him.
Through its shadow docket, SCOTUS need not give its logic behind the decision nor disclose which justices voted for it. However, it could reveal the dissents
The three-panel 11th Circuit Court of Appeals had stayed a lower court’s ruling to halt the DOJ’s investigation into Trump’s alleged crimes surrounding his theft of the National Archives and Records Administration (NARA) materials. And Trump wanted them all held until his special master had fully reviewed them.
The ex-president appeared on Fox News saying:
‘[I have] declassified everything. [Presidents can just by] thinking about it.’
The FBI had produced a search warrant and seized 100 clearly marked top secret documents at Mar-a-Lago early in August. Two weeks following that, the ex-president sued the DOJ and requested a special master review all of the 11,000 documents eventually in its hands.
Trump originally shopped judges until he found one amiable to him, Judge Aileen Cannon, She approved the request and allowed the beach resort resident to appoint U.S. District Judge Raymond Dearie as special master. Even though Trump appointed both Cannon and Dearie, to Trump’s dismay, Dearie was an honest judge and set clear legal guidelines. Cannon overruled him. That was when the DOJ went to the 11th Circuit Court of Appeals.
Throughout his time in office, Trump sought:
‘[Forty-one] requests for emergency relief through the shadow docket, more times than the Bush and Obama administrations, according to analysis by a law professor at the University of Texas.’
Now the question becomes, will the three-appointed SCOTUS justices through Trump a win?
Featured image is a screenshot via YouTube.
Christie writes Gloria Christie Reports & Three White Lions Substack newsletters and a Three White Lions podcast available on Apple, Spotify, etc. She is a political journalist for the liberal online newspaper The Bipartisan Report. Written in her own unique style with a twist of humor. Christie’s Mueller Report Adventures In Bite-Sizes a real-life compelling spy mystery (in progress). Find her here on Facebook. Or at Three White Lions her book on Amazon Kindle Vella and the Gloria Christie Three White Lions podcast on Apple, Spotify, etc.