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.


  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.

    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.