Late Wednesday evening we witnessed another sign that our nation’s checks and balances continue to work. I take note of such events as they are lifting moments in our troubling times when we witness fascism rising while an autocrat makes threats about violence being unleashed in the nation if he is brought to justice.
Throughout the day we saw the efforts of law and order rise up and make a clarion statement that this nation does not kneel to such blackmail. New York Attorney General Letitia James took action to bar Donald Trump and his children from ever again running a business in New York State. She filed a lawsuit that claims the Trump family and their business overvalued assets by billions of dollars and with the proof of Trump’s annual financial statements showcased at least a decade of absurd myth-making while defrauding banks and insurance companies.
Late in the evening, a federal appeals court handed down a blistering ruling that unleashed the Justice Department so to rightly resume using documents marked as classified that were seized from Donald Trump in the FBI search. In so doing, the ruling undoes a lower court’s order that had strictly limited the investigation into Trump’s handling of highly classified government materials. The 11th Circuit set aside key parts of an earlier order by a Florida federal judge that had kept the department from using about 100 files that Trump illegally retained.
The three-judge panel wrote in their opinion, “For our part, we cannot discern why Plaintiff would have an individual interest in or need for any of the one-hundred documents with classification markings.”
What strikes me of great interest is that the panel in this ruling found particularly unpersuasive the repeated suggestions by Trump’s legal team that he may have declassified the documents. But note that when earlier pressed by the special master, Raymond Dearie, those lawyers would not say very much in court if Trump had acted to declassify the materials in question. They know better than to lie during a court proceeding.
So tonight, the federal court lowered the boom on Trump. “Plaintiff suggests that he may have declassified these documents when he was President. But the record contains no evidence that any of these records were declassified. And before the special master, Plaintiff resisted providing any evidence that he had declassified any of these documents,” the panel wrote. “In any event, at least for these purposes, the declassification argument is a red herring because declassifying an official document would not change its content or render it personal.”
We have come to a point in our nation where the legal process and the application of the rule of law will be required to be used energetically to ensure the nation remains a democracy. This blog has often opined on the drift away from our nation’s ideals and the Framers’ construct during the Trump term—our nation’s most embarrassing fiasco since the days of Richard Nixon. (And let us be frank and term Dick a piker in comparison.) Today, however, was a fine example of what the law can and will do to right the ship that has drifted and tilted dangerously. In so doing, it allows us a strong ray of hope about the future of this country.