Tonight, a three-judge panel of the 11th Circuit ruled in favor of DOJ in its quest to resume use of classified materials recovered from Mar-a-Lago. Judge Robin Rosenbaum, a 2014 Obama appointee from Florida, was joined on the panel by Trump appointees Britt Grant from Georgia and Andrew Brasher from Alabama. This was a per curiam opinion, which means the panel judges voted unanimously for this outcome, but didn’t identify who authored the opinion. This is a fairly routine practice, that I read absolutely nothing into. The 11th Circuit also excused the government from any obligation to submit classified materials to the special master for review.
Sep 22, 2022·edited Sep 22, 2022Liked by Joyce Vance
Hooyah! Thanks for the great lightning analysis, JV!
(1) Abuse of discretion, (2) per curiam opinion were on my wish list.
Perhaps once or twice in a generation, a court will fulfill its mission, and speak in a way that reaches to the summit of law, philosophy, common sense, and civilization. This decision feels like the summit of excellence.
Sometimes I feel like w/ tRump we are playing a game of Simon Says... y'know 3 baby steps forward, and then 2 giant steps backwards. It's exhausting.
While I celebrate every baby step forward, I'm still worried about Cannon, (bought and paid for, and filled with maga-brained babble). Can she still toss a wrench into the works?
Great seeing you on MSNBC yesterday. You have such a calm, humble way of explaining Law to laypeople like me. You never talk down to anyone, you simply clearly, and in plain English, explain what we need to know. Thanks for that. And your newsletter is incredibly worthwhile. You are an American treasure.
I was watching TV when this “Breaking News” was released. It immediately cheered me up, but I was not sure what it all meant. Then I realized that it was just a matter of time and Joyce would break this all down and make this decision clear. I was in real need of the justice system to move in a lawful direction. Trump does not deserve special treatment of any kind. This decision and the lawsuit filed by James has given me faith that Trump will finally be held responsible and have to pay (250 million +) for his years of criminal activities. Now, if the DOJ and the IRS will pick-up on information provided by the James lawsuit and file criminal charges.
Thank you Joyce. I am so glad I have a subscription!
It's really nice when people live up to one's hopes, rather than down to one's expectations. And it's even nicer to have the expectation proven wrong (at least in this instance).
Hi Joyce! I was thinking the per curiam designation comprised of Obama and Trump appointed jurists was kind of a dig at the District Judge along the lines of "this was such an obvious Law 101 call that we don't even need to identify who's authoring this since we all agree..."
Great article! My favorite part was the reference at the end to Dr. King's quote: "We shall overcome because the arc of the moral universe is long but it bends towards justice." His speech, given at the National Cathedral on March 31, 1968, was entitled "Remaining Awake Through a Great Revolution." Thanks for remaining awake, Joyce. And keeping us awake too.
Good evening JV - I always appreciate the way you explain these legal procedures with clarity and thoughtfulness so that all of us can understand them. I was jumping up and down for joy today when I learned of the 11th Circuit’s ruling and it reinforced my belief that hope exists for our country and the Rule of Law.
I was curious where the quote about bearing discomfiture came from. Found it in this SCOTUS opinion. It's from Cobbledick v. United States, 309 U.S. 323 (1940).
Here is the whole paragraph:
"Since the right to a judgment from more than one court is a matter of grace, and not a necessary ingredient of justice, Congress, from the very beginning, has, by forbidding piecemeal disposition on appeal of what for practical purposes is a single controversy, set itself against enfeebling judicial administration. Thereby is avoided the obstruction to just claims that would come from permitting the harassment and cost of a succession of separate appeals from the various rulings to which a litigation may give rise, from its initiation to entry of judgment. To be effective, judicial administration must not be leaden-footed. Its momentum would be arrested by permitting separate reviews of the component elements in a unified cause. These considerations of policy are especially compelling in the administration of criminal justice. Not until 1889 was there review as of right in criminal cases. [Footnote 4] An accused is entitled to scrupulous observance of constitutional safeguards. But encouragement of delay is fatal to the vindication of the criminal law. Bearing the discomfiture and cost of a prosecution for crime even by an innocent person is one of the painful obligations of citizenship. "
I think the previous line is telling: "But encouragement of delay is fatal to the vindication of the criminal law."
Hooyah! Thanks for the great lightning analysis, JV!
(1) Abuse of discretion, (2) per curiam opinion were on my wish list.
Perhaps once or twice in a generation, a court will fulfill its mission, and speak in a way that reaches to the summit of law, philosophy, common sense, and civilization. This decision feels like the summit of excellence.
Thank you for laying it out so clearly Joyce! I feel justice in the air!
The 11th Circuit panel's decision gives me a glimmer of hope for our judicial system.
Thanks so much for the good news, Professor!
Sometimes I feel like w/ tRump we are playing a game of Simon Says... y'know 3 baby steps forward, and then 2 giant steps backwards. It's exhausting.
While I celebrate every baby step forward, I'm still worried about Cannon, (bought and paid for, and filled with maga-brained babble). Can she still toss a wrench into the works?
Great seeing you on MSNBC yesterday. You have such a calm, humble way of explaining Law to laypeople like me. You never talk down to anyone, you simply clearly, and in plain English, explain what we need to know. Thanks for that. And your newsletter is incredibly worthwhile. You are an American treasure.
Thanks Joyce, I'm going to enjoy this day for its gift. Builds resilience for the roller-coaster days ahead.
While I’m NOT in favor of or agree with spanking, this written smack on the orange behind was certainly welcome.
Listening to Hannity’s bromance comments about it being partisan was comedy at its finest.
The party of “the rule of law” seems to cave quickly when the law overwhelmingly applies to one of their own.
Truth and transparency are the Kryptonite of the GQP.
I was watching TV when this “Breaking News” was released. It immediately cheered me up, but I was not sure what it all meant. Then I realized that it was just a matter of time and Joyce would break this all down and make this decision clear. I was in real need of the justice system to move in a lawful direction. Trump does not deserve special treatment of any kind. This decision and the lawsuit filed by James has given me faith that Trump will finally be held responsible and have to pay (250 million +) for his years of criminal activities. Now, if the DOJ and the IRS will pick-up on information provided by the James lawsuit and file criminal charges.
Thank you Joyce. I am so glad I have a subscription!
It's really nice when people live up to one's hopes, rather than down to one's expectations. And it's even nicer to have the expectation proven wrong (at least in this instance).
Thanks for this great explanation!
Thank you so much! You make it so easy to understand.
Yesterday was a great day for justice!
Hi Joyce! I was thinking the per curiam designation comprised of Obama and Trump appointed jurists was kind of a dig at the District Judge along the lines of "this was such an obvious Law 101 call that we don't even need to identify who's authoring this since we all agree..."
Anyone else feel like they’re going to law school? It’s great fun to attend the Joyce Vance Law School.
Great article! My favorite part was the reference at the end to Dr. King's quote: "We shall overcome because the arc of the moral universe is long but it bends towards justice." His speech, given at the National Cathedral on March 31, 1968, was entitled "Remaining Awake Through a Great Revolution." Thanks for remaining awake, Joyce. And keeping us awake too.
Good evening JV - I always appreciate the way you explain these legal procedures with clarity and thoughtfulness so that all of us can understand them. I was jumping up and down for joy today when I learned of the 11th Circuit’s ruling and it reinforced my belief that hope exists for our country and the Rule of Law.
I was curious where the quote about bearing discomfiture came from. Found it in this SCOTUS opinion. It's from Cobbledick v. United States, 309 U.S. 323 (1940).
Here is the whole paragraph:
"Since the right to a judgment from more than one court is a matter of grace, and not a necessary ingredient of justice, Congress, from the very beginning, has, by forbidding piecemeal disposition on appeal of what for practical purposes is a single controversy, set itself against enfeebling judicial administration. Thereby is avoided the obstruction to just claims that would come from permitting the harassment and cost of a succession of separate appeals from the various rulings to which a litigation may give rise, from its initiation to entry of judgment. To be effective, judicial administration must not be leaden-footed. Its momentum would be arrested by permitting separate reviews of the component elements in a unified cause. These considerations of policy are especially compelling in the administration of criminal justice. Not until 1889 was there review as of right in criminal cases. [Footnote 4] An accused is entitled to scrupulous observance of constitutional safeguards. But encouragement of delay is fatal to the vindication of the criminal law. Bearing the discomfiture and cost of a prosecution for crime even by an innocent person is one of the painful obligations of citizenship. "
I think the previous line is telling: "But encouragement of delay is fatal to the vindication of the criminal law."
Thanks again, Joyce. Always great to read.