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The Playbook Podcast

Dec. 2, 2022: A major legal defeat for Trump

The Playbook Podcast

POLITICO

News, Daily News, Politics, Government

3.9699 Ratings

🗓️ 2 December 2022

⏱️ 10 minutes

🧾️ Download transcript

Summary

The 11th Circuit delivered a unanimous opinion shutting down the special master review of the documents that the FBI seized from Mar-a-Lago and dismissing Donald Trump's civil lawsuit over the matter. The opinion was an embarrassing rebuke of U.S. District Court Judge Aileen Cannon, who was widely criticized for indulging what legal scholars across the ideological spectrum described as Trump’s specious arguments. The appeals court did not think the case was even a close call. “This appeal requires us to consider whether the district court had jurisdiction to block the United States from using lawfully seized records in a criminal investigation,” the opinion began. “The answer is no.”  Plus, tech reporter Rebecca Kern stops by for the latest update on Elon Musk's purchase of Twitter, including his endorsement of possible GOP 2024 presidential contender Ron DeSantis, his possible spat with Apple and CEO Tim Cook and the future of anti-trust legislation.  Subscribe to the POLITICO Playbook newsletter Raghu Manavalan is the Host and Senior Editor of POLITICO's Playbook Daily Briefing.Jenny Ament is the Executive Producer of POLITICO Audio.

Transcript

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0:00.0

Presented by Kroger and Albertson's companies.

0:03.7

Hey, good morning, Playbookers. I'm Raghumanobalin. It's Friday. Today's show, a major legal

0:08.7

defeat for Donald Trump will tell you what happened. It's your Politico Playbook Daily Briefing.

0:17.6

You might have missed it, but late yesterday, the Elements Circuit delivered a unanimous opinion

0:21.9

shutting down the special master review of the documents that the FBI seized for Mar-a-Lago

0:26.7

and dismissing Donald Trump's civil lawsuit over the matter. The opinion was an embarrassing

0:31.2

rebuke of U.S. District Court Judge Eileen Cannon for indulging what legal scholars

0:36.1

across the ideological spectrum described as Trump's

0:39.0

specious arguments. The appeals court did not think the case was even a close call. The opinion

0:43.6

began. This appeal requires us to consider whether the district court had jurisdiction

0:48.0

to block the United States from using lawfully seized records in a criminal investigation.

0:52.9

The answer is no.

0:54.6

It went downhill for Cannon and Trump from there, and the opinion ended with an unambiguous spanking.

1:00.1

The law is clear.

1:01.2

We cannot write a rule that allows any subject of a search warrant to block government

1:05.2

investigations after the execution of the warrant.

1:08.0

Nor can we write a rule that allows only former presidents to do so.

1:11.4

Either approach would be a radical reordering of our case law limiting the federal court's

1:15.5

involvement and criminal investigations, and both would violate bedrock separation of powers

1:20.2

limitations.

1:21.4

Politico's Josh Gerstein and Kyle Cheney have a story up in today's playbook that you can read

1:25.3

but a quick excerpt for next steps, Trump can appeal the ruling to either the full bench of the 11th Circuit or the Supreme Court,

...

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