Wednesday, September 21, 2022

We Conclude That He Would Not

Here, we analyze whether Plaintiff would be "substantially injure[d]" by a stay.  Largely for reasons we have already discussed, we conclude that he would not. 

First, as we have explained, Plaintiff does not have a possessory interest in the documents at issue, so he does not suffer a cognizable harm if the United States reviews documents he neither owns nor has a personal interest in. 

Second, we find unpersuasive Plaintiff's insistence that he would be harmed by a criminal investigation. "Bearing the discomfiture and cost of a prosecution for crime even by an innocent person is one of the painful obligations of citizenship." Cobbledick v. United States, 309 U.S. 323, 325 (1940). 

Third, because of the nature of the classified materials at issue here and based on the record, we have no reason to expect that the United States's use of these records imposes the risk of disclosure to the United States of Plaintiff's privileged information. 

-- United States Court of Appeals for the Eleventh Circuit ruling in Donald J. Trump v United States of America, USCA 11 Case: 22-13005 (21 September 2022), staying a lower court ruling that denied the FBI access to classified documents seized from Mar-a-Lago

No comments: