Saturday, October 23, 2021

But Trump Is Using This To Delay! Everybody Said So!

Legal tactic note: the Government was always going to ask for an accelerated schedule. Fighting it would not win you much, and prejudice the court against you.

2 comments:

  1. I'll suspend judgement till the last appeal is over. Trump is used to winning through dragging it out. Of course, maybe he'll die before then.

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    Replies
    1. There’s a Nov. 12 deadline or this case is moot, and Trump is not attacking the regulations that set that deadline, but the statute that authorizes them. He needs a helluva strong case on that point to get an injunction (at any level) , and he doesn’t have it. Which is why’s he’s agreed to an accelerated schedule rather than seek an injunction. This is basically a final hearing. If he doesn’t prevail here, or get the D.C. circuit (or absolutely last ditch, the Supremes) to enjoin the Archives by 11/12, it’s all over but the cryin’.

      That injunction would have to be based on the trial court ruling. But his odds don’t improve if the trial court rules against him.

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