Supreme Slapdown
Monday morning saw Judge Aileen Cannon in Florida dismiss the classified documents case. Of course, liberal pundits are losing their minds.
The other case that was on hold, but in theory is still open, is the January 6 case in the D.C. district. All liberal hopes and dreams now turn to that case moving forward.
I am not going to dive into the numerous issues with all this, but focus on the SCOTUS opinion regarding presidential immunity and how it just might generally impact even that D.C. case.
There are a few lines from that opinion that can be highlighted for the discussion:
“Given all these circumstances, it is particularly incumbent upon us to be mindful of our frequent admonition that “[o]urs is a court of final review and not first view.”
As a non-lawyer, I read this to be, the Supreme Court is not supposed to deal with new and novel issues that have not been thoroughly briefed and considered by the lower courts. They are supposed to review the work of other courts, and determine if the courts erred or not. This precedent is nothing new. But it is interesting that the decision rendered mentions this point.
“Despite the unprecedented nature of this case, and the very significant constitutional questions that it raises, the lower courts rendered their decisions on a highly expedited basis. Because those courts categorically rejected any form of Presidential immunity, they did not analyze the conduct alleged in the indictment to decide which of it should be categorized as official and which unofficial. Neither party has briefed that issue before us (though they discussed it at oral argument in response to questions).”
Again, as a non-lawyer, I read this section to be a shot at the trial and appellate courts — you rushed to judgement, and you did not do your homework. There is no file for the Supreme Court to review and comment on. The D.C. trial court and the APK
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