Mar-a-Lago raid litigation
Mar-a-Lago raid litigation included an emergency application to the U.S. Supreme Court filed by Donald Trump on October 4, 2022[1] concerning the unprecedented Mar-a-Lago raid on Trump's residence. The application cites 69 precedents in favor of overruling the Eleventh Circuit decision that partially stayed a good district court ruling:
Arguments made
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:[1]
| â | As Justice Jackson long ago recognized, the wheels of justice grind to an ignominious halt when a personânot just the political rival of the sitting administrationâ is targeted for âbeing attached to the wrong political viewsâ or âbeing unpopular with the predominant or governing group.â 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 Isnât, 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/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 Trumpâs 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 âpick[ed] the man and then search[ed] the law books . . . to pin some offense on him.â Morrison, 487 U.S. at 727 (Scalia, J., dissenting). But our courts âdo not countenanceâ political judicial theater. See United States v. North, 910 F.2d 843, 865 (D.C. Cir. 1990). |
â |
The specific legal arguments are that:
- that the Eleventh Circuit lacked jurisdiction to stay the special master order concerning review of classified documents
- that the district court did not abuse its authority to allow the special master to review the classified documents
Trump's emergency application concludes:
| â | The Eleventh Circuit lacked jurisdiction to review the Special Master Order, which authorized the review of all materials seized from President Trumpâs residence, including documents bearing classification markings. Moreover, entry of the Special Master Order was not in any event an abuse of discretion. Accordingly, President Trump respectfully requests the Court vacate the Eleventh Circuitâs September 21, 2022, Stay Order as to the authority of the Special Master to review documents bearing classification markings. | â |
Precedents cited
A total of 69 decisions are cited in Trump's application, 36 of which are federal appellate decisions and about 33 of which are Supreme Court decisions (2 of which are repeatedly cited) and 8 are 11th Circuit decisions (2 of which are repeatedly cited). A few are abortion-related decisions:
- Abelesz v. Erste Grp. Bank AG, 695 F.3d 655 (7th Cir. 2012)
- Abney v. United States, 431 U.S. 651 (1977)
- Al Odah v. United States, 559 F.3d 539 (D.C. Cir. 2009) (repeatedly cited)
- Alabama v. U.S. Army Corps of Engârs, 424 F.3d 1117 (11th Cir. 2005) (repeatedly cited)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009)
- Baltimore Contractors v. Bodinger, 348 U.S. 176 (1955)
- Bogard v. Wright, 159 F.3d 1060 (7th Cir. 1998)
- Bogosian v. Woloohojian Realty Corp., 923 F.2d 898 (1st Cir. 1991)
- BP P.L.C. v. Mayor & City Council of Baltimore, 141 S. Ct. 1532 (2021)
- Cafeteria Workers v. McElroy, 367 U.S. 886 (1961)
- Carpenter v. Mohawk Indus., Inc., 541 F.3d 1048 (11th Cir. 2008)
- Carson v. Am. Brands, Inc., 450 U.S. 79 (1981)
- Certain Named & Unnamed Non-Citizen Child. & Their Parents v. Texas, 448 U.S. 1327 (1980)
- Clinton v. Jones, 520 U.S. 681 (1997)
- Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949)
- Coleman v. Paccar, Inc., 424 U.S. 1301 (1976)
- Crowe & Dunlevy, P.C. v. Stidham, 640 F.3d 1140 (10th Cir. 2011) (repeatedly cited)
- Deckert v. Indep. Shares Corp., 311 U.S. 282 (1940)
- Depât of Navy v. Egan, 484 U.S. 518 (1988)
- Digital Equipment Corp. v. Desktop Direct, Inc., 511 U.S. 863 (1994)
- Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368 (1981)
- Gardner v. Westinghouse Broad. Co., 437 U.S. 478 (1978)
- Gary W. v. Louisiana, 601 F.2d 240 (5th Cir. 1979)
- Gonzalez v. Thaler, 565 U.S. 134 (2012)
- Grilli v. Metropolitan Life Insurance Co., 78 F.3d 1533 (11th Cir.1996)
- Gulfstream Aerospace Corp. v. Mayacamas Corp., 485 U.S. 271 (1988)
- Hartman v. Moore, 547 U.S. 250 (2006)
- Hollingsworth v. Perry, 558 U.S. 183 (2010)
- I.A.M. Nat. Pension Fund Benefit Plan A v. Cooper Indus., Inc., 789 F.2d 21 (D.C. Cir. 1986)
- In re Deepwater Horizon, 793 F.3d 479 (5th Cir. 2015)
- Intâl Prod. Corp. v. Koons, 325 F.2d 403 (2d Cir. 1963)
- Jones v. Clinton, 72 F.3d 1354 (8th Cir. 1996)
- Jones v. Fransen, 857 F.3d 843 (11th Cir. 2017)
- Jud. Watch, Inc. v. Natâl Archives & Recs. Admin., 845 F. Supp. 2d 288 (D.D.C. 2012) (Obama-appointed judge ruled against a claim that "to declare audiotapes created by former President William Jefferson Clinton and historian Taylor Branch during the Clinton administration to be âPresidential recordsâ under the Presidential Records Act (âPRAâ), 44 U.S.C. § 2203(f), and to order defendant âto assume custody and controlâ of them and deposit them in the Clinton Presidential Library.")
- King v. Cessna Aircraft Co., 562 F.3d 1374 (11th Cir. 2009)
- Koehler v. Bank of Bermuda Ltd., 101 F.3d 863 (2d Cir. 1996)
- La Buy v. Howes Leather Co., 352 U.S. 249 (1957)
- Lyons v. PNC Bank, Natâl Assân, 26 F.4th 180 (4th Cir. 2022) (repeatedly cited)
- Macri v. U.S. ex. rel. John H. Maxwell & Co., 353 F.2d 804 (9th Cir. 1965)
- McFarlin v. Conseco Servs., LLC, 381 F.3d 1251 (11th Cir. 2004)
- Microsoft Corp. v. Baker, 137 S. Ct. 1702 (2017)
- Mohawk Indus., Inc. v. Carpenter, 558 U.S. 100 (2009) (repeatedly cited)
- Moore v. City of Wynnewood, 57 F.3d 924 (10th Cir. 1995)
- Morrison v. Olson, 487 U.S. 654 (1988)
- Myers v. Hertz Corp., 624 F.3d 537 (2d Cir. 2010)
- Natâl Org. for the Reform of Marijuana Laws v. Mullen, 828 F.2d 536 (9th Cir. 1987)
- Nken v. Holder, 556 U.S. 418 (2009)
- OâHanlon v. Uber Techs., Inc., 990 F.3d 757 (3d Cir. 2021)
- Pickett v. Texas Tech Univ. Health Scis. Ctr., 37 F.4th 1013 (5th Cir. 2022)
- Police Assân of New Orleans ex rel. Cannatella v. New Orleans, 100 F.3d 1159 (5th Cir. 1996)
- Price v. Socialist Peopleâs Libyan Arab Jamahiriya, 389 F.3d 192 (D.C. Cir. 2004)
- Puente Arizona v. Arpaio, 821 F.3d 1098 (9th Cir. 2016)
- Reid v. Doe Run Res. Corp., 701 F.3d 840 (8th Cir. 2012) (repeatedly cited)
- Reynolds v. McInnes, 380 F.3d 1303, fn. 3 (11th Cir. 2004)
- Rux v. Republic of Sudan, 461 F.3d 461 (4th Cir. 2006)
- Shakman v. Clerk of Cook Cnty., 994 F.3d 832 (7th Cir. 2021)
- Smith v. Barry, 502 U.S. 244 (1992)
- Swint v. Chambers Cnty. Commân, 514 U.S. 35 (1995) (repeatedly cited)
- Switz. Cheese Assân, Inc. v. E. Horneâs Mkt., Inc., 385 U.S. 23 (1966)
- Thompson v. Enomoto, 815 F.2d 1323 (9th Cir. 1987)
- Thornburgh v. Am. Coll. of Obstetricians & Gynecologists, 476 U.S. 747 (1986)
- Trump v. United States of America, No. 9:22cv-81294-AMC at ECF No. 64, 2022 WL 4015755 (S.D. Fla. Sept. 5, 2022)
- Trump v. United States, No. 22-13005, 2022 WL 4366684 (11th Cir. Sept. 21, 2022) (repeatedly cited)
- United States v. Nixon, 418 U.S. 683 (1974)
- United States v. North, 910 F.2d 843 (D.C. Cir. 1990) (Courts âdo not countenanceâ politicized prosecutions)
- United States v. Samueli, 582 F.3d 988 (9th Cir. 2009)
- Vt. Agency of Nat. Res. V. U.S. ex rel. Stevens, 529 U.S. 765 (2000)
- W. Airlines, Inc. v. Intâl Bhd. of Teamsters, 480 U.S. 1301
- Whole Womanâs Health v. Jackson, 13 F.4th 434 (5th Cir. 2021)
- Yamaha Motor Corp. v. Calhoun, 516 U.S. 199 (1996)
8 decisions most relied on
The most-relied on decisions are two Supreme Court precedents, two Eleventh Circuit precedents, and one precedent from each of the Fourth, Eighth, Tenth, and D.C. Circuits.
- Al Odah v. United States, 559 F.3d 539 (D.C. Cir. 2009)
- Alabama v. U.S. Army Corps of Engârs, 424 F.3d 1117 (11th Cir. 2005) (affirming a ruling by the Eleventh Circuit that it lacked jurisdiction over an interlocutory appeal of an order concerning attorney-client privilege)
- Crowe & Dunlevy, P.C. v. Stidham, 640 F.3d 1140 (10th Cir. 2011)
- Lyons v. PNC Bank, Natâl Assân, 26 F.4th 180 (4th Cir. 2022)
- Mohawk Indus. v. Carpenter, 558 U.S. 100 (2009)
- Reid v. Doe Run Res. Corp., 701 F.3d 840 (8th Cir. 2012)
- Swint v. Chambers Cnty. Commân, 514 U.S. 35 (1995) (Supreme Court reversing Eleventh Circuit for ruling beyond its jurisdiction)
- Trump v. United States, No. 22-13005, 2022 WL 4366684 (11th Cir. Sept. 21, 2022)
Statutes cited
- U.S. Const., Art. II, § 2
- 18 U.S.C. § 793(e)
- 28 U.S.C. § 1291
- 28 U.S.C. § 1292 (and subparts)
- 28 U.S.C. § 1292(a) (and subparts)
- 28 U.S.C. § 1292(b)
- 44 U.S.C. § 2201 (and a subpart)
- 44 U.S.C. § 2203(b)
- 44 U.S.C. § 2203(f)(1)
- 44 U.S.C. § 2205(3)
- 50 U.S.C. § 3161
- 50 U.S.C. § 3163