11th Circuit Cites Dexy's Midnight Runners...

The5thHorseman

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Nov 22, 2022
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Come on, Aileen...

Cannon turned to a 1975 case, Richey v. Smith, that laid out a four-factor test for when courts have jurisdiction to intervene in a criminal investigation.

She found Trump failed to meet the first prong—which required showing the government displayed a “callous disregard” for constitutional rights in conducting the search. But Cannon ruled for Trump under the three other factors, finding he had a need for the records, would be irreparably harmed if they weren’t returned, and remedies didn’t exist elsewhere.

The Eleventh Circuit said while Trump’s arguments fail under all four factors, Cannon should have dismissed the case after finding no evidence of “callous disregard” for Trump’s rights. Shane said the panel was sending a message to both Cannon and the Supreme Court in its detailed rejection of her entire legal analysis.


Was Judge Cannon the Biggest Loser in 11th Circuit's Ruling Against Trump? | National Law Journal

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That is a divergence of opinion, on a fundamental matter of law, that SHOULD imperil the career of any jurist.
 
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Astute observers might recognize the echo of an earlier case involving an extraordinary intervention on behalf of Grifty's interests.

The Honorable Emmet "Brook No Jive" Sullivan wouldn't play ball when Bill Barr got shifty with General Michael Flynn. When Sullivan brought in Judge Gleeson to review the DoJs motion to dismiss, Sidney Powell ran to the DC circuit, seeking Mandamus (an order for Sullivan to comply). In this she was abetted by the DoJ who sent a flunky to support her petition.

Hearing the original motion was a panel of three judges, including Trump nominee, and Federalist Society member, Neomi Rao.

In a 2-1 decision, Mandamus was granted, and Sullivan appealed to have the motion heard en banc.

Once again a scathing reversal was returned, Once again, a Federalist Society Original Construction Grifty appointee had misapplied the crucial test required to grant such a petition.

At what point do we root out this treasonous Anti-American anchor baby scum?
 
Come on, Aileen...

Cannon turned to a 1975 case, Richey v. Smith, that laid out a four-factor test for when courts have jurisdiction to intervene in a criminal investigation.

She found Trump failed to meet the first prong—which required showing the government displayed a “callous disregard” for constitutional rights in conducting the search. But Cannon ruled for Trump under the three other factors, finding he had a need for the records, would be irreparably harmed if they weren’t returned, and remedies didn’t exist elsewhere.

The Eleventh Circuit said while Trump’s arguments fail under all four factors, Cannon should have dismissed the case after finding no evidence of “callous disregard” for Trump’s rights. Shane said the panel was sending a message to both Cannon and the Supreme Court in its detailed rejection of her entire legal analysis.


Was Judge Cannon the Biggest Loser in 11th Circuit's Ruling Against Trump? | National Law Journal

0-4

That is a divergence of opinion, on a fundamental matter of law, that SHOULD imperil the career of any jurist.
Nonsense. Of course.
 

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