| | The factual statement by Trump's attorneys in their emergency application to the [[Supreme Court]] on Oct. 4, 2022, early in its Factual and Procedural Background section, is a home run:<ref name="Application"/> | | The factual statement by Trump's attorneys in their emergency application to the [[Supreme Court]] on Oct. 4, 2022, early in its Factual and Procedural Background section, is a home run:<ref name="Application"/> |
| − | {{cquote|As Justice Jackson long ago recognized, the wheels of justice grind to an ignominious halt when a person—not just the political rival of the sitting administration— is targeted for “being attached to the wrong political views” or “being unpopular with the predominant or governing group.” Morrison v. Olson, 487 U.S. 654, 727 (1988) (Scalia, J., dissenting) (quoting R. Jackson, The Federal Prosecutor, Address Delivered at the Second Annual Conference of United States Attorneys, April 1, 1940). Here, the Government has chosen to treat President Trump in a manner apparently quite different from the deference and collegiality afforded to other former Presidents to manage and control their personal and Presidential Records. For instance, as part of a cooperative effort, truckloads of records from the Obama administration were relocated to what had previously been a furniture store in suburban Chicago and President George W. Bush had millions of documents transported from the White House to a warehouse in Texas. See Jennifer Schuessler, The Obama Presidential Library That Isn’t, N.Y. TIMES, (Feb. 20, 2019), https://www.nytimes.com/2019/02/20/arts/obama-presidential-center-librarynational-archives-and-records-administration.html; see e.g., David McMillen, Moving Out, Moving In (last accessed, October 1, 2022), available at | + | {{cquote|As Justice [[Robert H. Jackson|Jackson]] long ago recognized, the wheels of justice grind to an ignominious halt when a person—not just the political rival of the sitting administration— is targeted for “being attached to the wrong political views” or “being unpopular with the predominant or governing group.” Morrison v. Olson, 487 U.S. 654, 727 (1988) (Scalia, J., dissenting) (quoting R. Jackson, The Federal Prosecutor, Address Delivered at the Second Annual Conference of United States Attorneys, April 1, 1940). Here, the Government has chosen to treat President Trump in a manner apparently quite different from the deference and collegiality afforded to other former Presidents to manage and control their personal and Presidential Records. For instance, as part of a cooperative effort, truckloads of records from the Obama administration were relocated to what had previously been a furniture store in suburban Chicago and President George W. Bush had millions of documents transported from the White House to a warehouse in Texas. See Jennifer Schuessler, The Obama Presidential Library That Isn’t, N.Y. TIMES, (Feb. 20, 2019), https://www.nytimes.com/2019/02/20/arts/obama-presidential-center-librarynational-archives-and-records-administration.html; see e.g., David McMillen, Moving Out, Moving In (last accessed, October 1, 2022), available at |
| | https://www.archives.gov/publications/prologue/2016/winter/presidentialtransitions. The National Archives thoughtfully negotiated a Memorandum of Understanding with the Barack Obama Foundation concerning the management and digitization of Obama Administration records several years after his presidency. See, e.g., U.S. National Archives, Memorandum of Understanding Between the Barack Obama Foundation and National Archives and Records Administration Regarding the Digitization of Obama Presidential Records, available at | | https://www.archives.gov/publications/prologue/2016/winter/presidentialtransitions. The National Archives thoughtfully negotiated a Memorandum of Understanding with the Barack Obama Foundation concerning the management and digitization of Obama Administration records several years after his presidency. See, e.g., U.S. National Archives, Memorandum of Understanding Between the Barack Obama Foundation and National Archives and Records Administration Regarding the Digitization of Obama Presidential Records, available at |
| | https://www.archives.gov/files/foia/obama-digitization-mou-executed-2-15-19.pdf (last accessed, October 1, 2022). In contrast, almost from the outset here, the Government feigned concern about purported classified records to justify commencement of a criminal investigation (not even contemplated under the Presidential Records Act) and then raided President Trump’s personal residence (a secure compound protected by U.S. Secret Service agents and used during the Trump Presidency to conduct the official business of the United States). This disparate treatment of President Trump is suggestive of a Government that has “pick[ed] the man and then search[ed] the law books . . . to pin some offense on him.” Morrison, 487 U.S. at 727 (Scalia, J., dissenting). But our courts “do not countenance” political judicial theater. See United States v. North, 910 F.2d 843, 865 (D.C. Cir. 1990).}} | | https://www.archives.gov/files/foia/obama-digitization-mou-executed-2-15-19.pdf (last accessed, October 1, 2022). In contrast, almost from the outset here, the Government feigned concern about purported classified records to justify commencement of a criminal investigation (not even contemplated under the Presidential Records Act) and then raided President Trump’s personal residence (a secure compound protected by U.S. Secret Service agents and used during the Trump Presidency to conduct the official business of the United States). This disparate treatment of President Trump is suggestive of a Government that has “pick[ed] the man and then search[ed] the law books . . . to pin some offense on him.” Morrison, 487 U.S. at 727 (Scalia, J., dissenting). But our courts “do not countenance” political judicial theater. See United States v. North, 910 F.2d 843, 865 (D.C. Cir. 1990).}} |