Attorney General Paxton is leading a multistate coalition in filing an amicus brief in the Atlanta-based U.S. Court of Appeals for the Eleventh Circuit in support of President Donald Trump, seeking to ensure the return of privileged documents taken during the Biden Administration’s unprecedented raid.
After President Biden’s Department of Justice (DOJ) ransacked the home of a former—and potential future—political opponent, President Trump requested a special master to determine if items protected by attorney-client privilege and executive privilege were taken. A federal district court subsequently appointed a special master and prevented the Biden Administration from using potentially privileged materials in the interim.
The Biden Administration is now seeking an appeal of the decision, in order to review and potentially use privileged materials to further their investigation of President Trump.
“Joe Biden’s commitment to weaponizing the DOJ to go after political opponents should deeply concern all Americans,” said Attorney General Paxton. “Given Biden’s track record, combined with his rhetoric demonizing anyone he disagrees with, the courts must be on high alert to the ways in which DOJ may abuse its power to punish President Donald Trump. At a bare minimum, the Eleventh Circuit should ensure that any privileged information taken from President Trump is returned and the special master stays in place.”
The brief notes the multitude of ways in which the Biden Administration has leveraged its power to engage in questionable political gamesmanship, as opposed to working to advance the interests of the American people. In particular, the brief highlights multiple examples of federal judges determining that the Biden Administration failed to act “in good faith” and took “inequitable” action, in addition to blatant and public misrepresentations surrounding the extent of federal involvement in “gain of function” research and the status of illegal immigration policies. Because of the Administration’s track record, and the extraordinary circumstances of this case, the Eleventh Circuit should uphold the district court’s decision.
As the brief explains: “At a minimum, this Court should view the Administration’s assertions of good-faith, neutrality, and objectivity through jaundiced eyes. Consequently, this Court should reject the Administration’s request to stay the district court’s order pending appeal and instead permit this document dispute to proceed before a neutral special master.”
To read the full amicus, click here.
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