Dec. 2, 2022: A major legal defeat for Trump
The Playbook Podcast
POLITICO
3.9 • 699 Ratings
🗓️ 2 December 2022
⏱️ 10 minutes
🧾️ Download 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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