Friday, December 08, 2023

Trump Has No Clue What’s Going On

I suspect there are due process elements to the cancellation of business certificates. That’s a death penalty level judgment and even Trump deserves careful review of such a ruling.

But his lawyers didn’t present any arguments to sway the Appellate Division on the fraud findings. The question of fraud is off the table (and Trump can’t appeal that until they are through with him), and that doesn’t augur well for him in the business certificates issue.

As I said yesterday, Trump’s very expensive expert testifying that there was no fraud, is a very dead letter.

On Thursday, in addition to filing a notice of appeal of DC Federal Judge Tanya Chutkan’s order denying his motion to dismiss the criminal indictment based on presidential immunity, Donald Trump filed a motion to stay the entire district court criminal case. Donald Trump is requesting Judge Chutkan stop the federal proceedings, including all discovery, pretrial proceedings, and trial, until the DC Circuit Court of Appeals makes a final ruling on his appeal of Judge Chutkan’s immunity order. However, even before Judge Chutkan could address Trump’s request for a stay, Donald Trump unilaterally states in his stay motion: “Trump will proceed based on that understanding and the authorities set forth herein absent further order of the Court.”
Honestly, this is loony as a clockwork orange.🍊 Parties to a case don’t get to pick and choose what court orders to follow as if they were ordering from a menu. What Trump is saying is that he’s going to take his ball and go home, and he’s not going to play any more until they let him win.

Nice work if you can get it. Still, don’t believe me?Here is the relevant language from Trump’s motion:
Moreover, last week in Blassingame v. Trump, No. 22-5069, 2023 WL 8291481, at *22 (D.C. Cir. Dec. 1, 2023), the D.C. Circuit made clear that official-immunity issues must be resolved prior to litigation and discovery on the merits. Thus, in addition to lack of jurisdiction, Blassingame requires the Court to stay all proceedings in this matter pending appeal, including, but not limited to, pretrial motions, defense disclosures relating to trial defenses and evidence, CIPA hearings, and jury selection. As a result of these authorities, all current deadlines must be held in abeyance until, at minimum, this motion is resolved. President Trump will proceed based on that understanding and the authorities set forth herein absent further order of the Court.
Yes, the D.C.Circuit did say that, on the way to denying Trump’s claim of immunity; but that would be why Chutkan ordered DOJ to brief the question by Sunday(!), and gave Trump two days after that to respond. Jurisdictional issues are taken very seriously, and Chutkan is a good judge. Trump is driving a clown car through the courtroom.

All this language does is arrogantly piss in Chutkan’s Post Toasties, for reasons I can’t begin to understand from a legal strategy perspective. Trump really is his own worst enemy. See?
The J6 Fake Case, where the Obama appointed, Trump Hating Judge, Tanya S. Chutkan, actually had the audacity to schedule the trial THE DAY BEFORE SUPER TUESDAY (always considered the biggest of all Primary days), has been put into serious question when most of the Unselect Committee’s evidence was deleted and destroyed," Trump wrote. "This illegal act, that would have shown the GUILT of Crazy Nancy Pelosi, and others, should end this Biden Witch Hunt. Our FAILING NATION is now becoming a BANANA REPUBLIC. MAGA!"
That’s not going to inflame Chutkan’s judicial (she’s a better jurist than that), but it’s a curious way to win hearts and minds.
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