Post-match: The Post Presidency :: Trump Faces The Music Thread

He won't.

 

I disagree. It already lost it. Thomas not recusing in this prospective case is much less egregious than him not recusing in the Jan. 6 communications/evidence case that he knew would involve his wife.

 

Let's see if that originalist ************************ puts his money where his mouth is. The exclusionary rule certainly isn't originalist. So if Thomas stays true to his convictions............he'd rule that even if the FBI had no probable cause to search the residence, Trump's only remedy would be to file a writ of trespass requesting monetary compensation for the infringement, but nothing would prevent the government from still using the evidence against him in a criminal prosecution.

 

No. Justices are just assigned circuits to handle mostly mundane matters like requests for extensions to file, etc., from that particular circuit. The most important thing they oversee are emergency motions, so they can issue stays (for example in death penalty cases) and things like that while a cert petition is still pending. TFG still has to apply for cert. to get the case actually heard.

 

Trump hasn't actually applied to restore the enjoining of DOJ from investigating the documents.

So according to this, even if Thomas does a corruption, the practical impact is low.

1. Having fully digested Trump's emergency application to #SCOTUS, here's a quick #thread on what it's really asking for, why it's not *entirely* laughable, and why I nevertheless think that it's both (1) doomed to fail; and (2) unlikely to accomplish much even if it succeeds:

— Steve Vladeck (@steve_vladeck) October 4, 2022

 

He can't do that on his own. Like I said, his powers as being the Justice assigned to the 11th is limited to temporary stays and granting extensions of time to file briefs, motions, etc.

 

I mean its possible we are already in the world of "LOL nothing matters" where Thomas just writes a nonsensical judgement but in the bigger picture, it might actually be good for that level of corruption to be revealed

I also think if Thomas goes so far as to prevent DOJ from investigating the crime by preventing them from using the evidence, I think DOJ needs to consider ignoring him or working around it. I agree with Wittes' suspicion that this was Cannon's ultimate goal - to find that the documents were wrongly seized and therefore can't be used in a prosecution,

 

Just noting per Yoss's post Thomas can't do this on his own

IMO this is all much more harmful to Trump than DOJ now