Thread by @MuellerSheWrote

THREAD: THE 11TH CIRCUIT UNANIMOUSLY VACATES JUDGE CANNON’S ORDER APPOINTING A SPECIAL MASTER. As I expected, this ruling reads like the 11th circuit ruling in the classified documents case. First, they cite Chapman and the 1st Richey Factor. 1/

In order to get your shit back from a DoN search, you have to prove your constitutional rights were callously disregarded. Donald made no such argument. 11th circuit says if you don’t meet that factor, which is the first of four Richey factors, you don’t have jurisdiction. 2/

But again, for FUNSIES, the court says “we’ll go over the other three Richey factors for completeness, and you didn’t meet any of those either.” (Paraphrasing). 3/

Second factor is possessory interest. You have to actually OWN the shit. Donald argued the Presidential Records Act says the stuff is his. Court say “Nah bro. And even if it were, ownership doesn’t mean you get it back after a lawful search.” 4/

Celine Dion makes an appearance in a footnote. 5/

The court says “all these arguments (about the other Richey factors) are a sideshow” because the first Richey factor wasn’t met. 6/

They go on to say there’s only ONE possible argument for equitable jurisdiction: that he’s a former president. And while it’s fucked up that a former president stole documents, it’s no basis for giving the courts the ability to interfere in criminal investigations. 7/

And here’s the great conclusion. We can’t write a rule that allows people to block investigations after a search warrant, nor can we write a rule that allows ONLY FORMER PRESIDENTS TO DO SO. 8/

And I really like this passage. It’s a great summary. END/

*DoJ search. Lol.