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Advisory Opinions

Trump vs. DOJ in Courtroom Battle

Advisory Opinions

The Dispatch

News, Politics, Government

4.83.6K Ratings

🗓️ 2 September 2022

⏱️ 73 minutes

🧾️ Download transcript

Summary

David and Sarah are here to make sense of the latest back and forth between the Justice Department and Trump’s legal team over classified documents found at Mar-a-Lago. Plus: a closer look at the legal merits of the student loan forgiveness plan and two religious liberty cases.

Transcript

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0:00.0

You ready?

0:02.0

I was born ready.

0:04.0

Welcome to the Advisory Opinions Podcast. I'm David French with Sarah Isger and we've got a lot to cover.

0:26.0

We're going to cover the Lay's developments in the Trump search warrant. Trump's team filed a separate action, a very kind of strange action, trying to get a special master appointed to oversee the what Sarah to over.

0:45.0

It's hard to describe what do you want to do?

0:49.0

Yeah, well, we'll get to that. We'll get to that. And so there was a Department of Justice filed a responsive pleading in this new action in the Southern District of Florida.

1:01.0

And it was what? How did the kids say it? Sarah, it was lit. So we're going to break that down.

1:07.0

We're also going to talk a bit more about debt relief. And don't worry if you're a little bit sick of the debt relief topic. We're just going to dip our toe in the water, not on the standing issue that we talked about with Professor Boad on Tuesday for the Tuesday podcast.

1:22.0

But more on the legal merits of the OLC's argument of over debt relief. And then we're going to talk about two interesting religious liberty cases, one in Yashiva and one involving the Christian fellowship, Christian athletes.

1:40.0

Very interesting cases. Sarah tear open an old wound of mine, an old legal wound, but we'll wait and we'll get to that. Okay.

1:52.0

The Trump case. My goodness, the Trump case. So do you want to kind of set up a little bit about the procedural posture here? What's going on before we got the DOJ motion or the

2:07.0

DOJ response to Donald Trump's motion? Yeah, let's do some big picture setting here. So the Department of Justice executes a search warrant on Mar-a-Lago, which point they collect a whole lot of boxes with documents and sundries.

2:27.0

Two weeks after that, the Trump team files a motion before a different judge, not the judge that approved the search warrant and ask for among other things to have some of the stuff returned.

2:45.0

So a special master is somewhat appointed by the court itself to review the documents. In this case, we talked about this before. The DOJ generally has a filter team, tanked team put in place on these things.

3:00.0

Imagine that they executed a search warrant on, I don't know, hostess cupcake. They could have attorney client privilege documents swept up in that or trade secrets or whatever else. And so you don't have the FBI agents who are investigating hostess review those documents first.

3:18.0

You have a filter team who filters out stuff that the investigators should not see, including attorney client privilege documents or trade secrets and things like that.

3:27.0

And that they don't need to see. So the special master would in some sense take the place of the filter team. And they wanted the Trump team wanted a special master to review for attorney client privilege and executive privilege.

3:42.0

So that filing was a legal term here, hot mess. And the judge came back and was like, hi, can you please answer some really basic questions for me? Like, why is it appropriate for this to be before me? What is my jurisdiction?

4:00.0

You know, things that should have been in your first filing sort of hand feeding them how to file a motion before a judge. But they did that, David. And so then DOJ asked for a page extension through respond, which was kind of a flex.

4:18.0

Yeah. And upon reading it, I see why they asked for the page extension. Not sure they couldn't have done it in less, but fine. So they asked for 40 pages. And I have to say that the DOJ response. And mind you, the judge had said, has said repeatedly now that she isn't client to appoint the special master, but is awaiting DOJ's response.

4:42.0

And DOJ's response was a little bit like a very patient parent when your child is insisting on doing something stupid and impossible.

4:58.0

I want to get in the oven.

...

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