I don’t know why Trump waited this long to enjoin the release of documents, but this is not how you do it. They asked the court to stay a ruling the court hasn’t entered yet. That’s the right procedure, but at the wrong time. On any appeal, you must first give the lower court a chance to correct its error before asking the higher court to do so. Trump's lawyers are basically signalling an appeal and asking the court for a stay of its order before they ask the appellate court to stay the lower court's order.10:32pm: Trump files a preemptive "emergency" motion for an injunction blocking the Jan. 6 committee from getting his White House records so he can appeal a hypothetical loss before a district judge (tbc, there is no decision yet)
— Zoe Tillman (@ZoeTillman) November 9, 2021
12:21am: Judge says, that's not how this works pic.twitter.com/EWAFohaIDA
But there is no court order yet. As the judge pointed out early this morning, the court can’t stay an order it hasn’t entered.
Trump may appeal to the D.C. circuit Wednesday, but they will probably face the same brick wall there, for the same reasons. An interlocutory appeal is based on an order to appeal from. It won’t help that they haven’t sought injunctive relief until now. Injunctive relief is a matter of equity. You can’t get that relief if you’ve slept on it.
Trump’s lawyers seem to have just gotten out of bed. 🛏
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