We're gonna be a long time learning that lesson.
Trump’s 'empire' may have always been a myth — and it appears that the clock is nearing midnight. https://t.co/TVJli0IDMo— MSNBC (@MSNBC) September 25, 2022
Sunday, September 25, 2022
Saturday, September 24, 2022
...when your product is a fungible good, and when your product is words.
@AshaRangappa_ compares social media companies to Big Tobacco, in that they profit off things that are bad for the public good. She notes that tobacco companies were hit hard by lawsuits for deceptive practices. #TribFest22— Robert Downen (blue check mark) (@RobertDownen_) September 24, 2022
“It actually is the only thing that does,” Cruz said. “Violence doesn’t solve violence? That is actually why the left wants to abolish police and why you see murder rates skyrocketing.”Police violence is good!
No, but it could literally be the foundation of my existence. Which would make it a legitimate existential crisis.
Except for you motherfuckers who promote misuse of “literally.” You are the doom of all language and meaning.— ResponsibleDispatchHat (@Popehat) September 24, 2022
Friday, September 23, 2022
But wait! It gets funnier!
The man in this photo held up 1 finger and told me he meant it as a WWG1WGA sign - and then the security guard in the next photo told him to take it down.— Lisa Desjardins (@LisaDNews) September 24, 2022
He was furious “thats my Constitutional right!” the man in the crowd told me after I saw that interaction happen. pic.twitter.com/nAb6norcjT
Also, the company says it provides security.— Lisa Desjardins (@LisaDNews) September 24, 2022
I’m not sure the word matters though - they were official staff at the event and clearly had been directed to watch for this kind of gesture and to shut it down.
And they were dressed far more like security than, say, ushers.
It’s the stupidity that’s infuriating.
You're the senator from Florida, Bat Boy. You have agency. https://t.co/bmLlf7BdnU— Charles P. Pierce (@CharlesPPierce) September 23, 2022
I’m sure voters who don’t believe Q-Anon and aren’t MAGA are satisfied with this explanation.
I can confirm Majewski was in Afghanistan on a secret classified mission, I met him when I was there hiding from the supermodels who are always hitting on me https://t.co/3GOo9swZaU— ResponsibleDispatchHat (@Popehat) September 23, 2022
Make America Gape Again.
“Keep our country gape”— ResponsibleDispatchHat (@Popehat) September 24, 2022
Is that ..
Does one …
No. No. https://t.co/rogKMWFvl4
said, "There's no better example of the left's chilling obsession with targeting political opponents than the baseless, abusive and depraved lawsuit against me, my family, my company by that racist attorney general of New York State, Letitia 'peek-a-boo' James."
"This raging maniac campaigned for office ranting and raving about her goal, her only goal was we gotta get Donald Trump, we're gonna get him — she knew nothing about me, I never heard of her," said Trump. "In fact, I was watching it and I said, boy, that woman's angry, I don't think she likes me too much. All without having any evidence, she knew nothing about me. Before she had even begun her phony investigation, she went around boasting her plan to weaponize her office against me. Probably working with the federal government, of course."
“This is a gross prosecutorial misconduct," raged Trump. "The Biden Justice Department should be investigating Letitia James for her appalling and malicious abuse of power ... she doesn't just deserve to lose, she deserves to be removed from office, immediately disbarred, and banished from the legal profession forever."
I want to see his lawyers say any of that in court.
Impotent little man with tiny hands. 🙌
It’s also important to remember that what Bill Barr says on FoxNews doesn’t mean jack-shit in a courtroom in New York.
It is important to remember that Trump’s children were not named as defendants simply because they are his children, but because of their alleged conduct as officers of his company. https://t.co/KNqyb63VNc— Barb McQuade (@BarbMcQuade) September 23, 2022
FLASH: Jury convicts Doug Jensen of Iowa in US Capitol riot case— Scott MacFarlane (@MacFarlaneNews) September 23, 2022
After four hours of deliberation. Guilty on all counts
And Trump the politician remains so successful that:
Dept of Justice remains undefeated in Jan 6 jury trials— Scott MacFarlane (@MacFarlaneNews) September 23, 2022
MAGA candidates frantically deleting references to stolen election from their campaigns: report https://t.co/PCoxJKupgr— Raw Story (@RawStory) September 23, 2022
Blake Masters in Arizona, Tiffany Smiley in Washington State and Dr. Mehmet Oz in Pennsylvania have all made pivots — some artfully, some not — as the ardent, Trump-loyal voters who decided the Republican primaries shrink in the rearview mirror, and a more cautious, broader November electorate comes into view," reported Jonathan Weisman. "These three Senate candidates haven’t quite renounced their questioning of the 2020 election — to right-wing audiences of podcasts, radio shows and Fox News, they still signal their skepticism — but they have shifted their appeals to the swing voters they need to win on Nov. 8."So support among GOP primary voters is not enough to rule the country? Who knew?
Out of all the QAnon memes Trump posted last night, this might be the craziest. pic.twitter.com/jcdIrZRIJ2— Will Sommer (@willsommer) September 23, 2022
I don’t have that reaction, but “Rings of Power” sucks.
This is a completely normal and not at all strange reaction to . . .— David French (@DavidAFrench) September 23, 2022
Me saying I like Rings of Power. https://t.co/eOVQoAvEJd
And how many people are on Truth Social?
Trump is really stepping his QAnon outreach — last night he posted a video filled with overt QAnon memes on TruthSocial. pic.twitter.com/YIG2wFGyMY— Will Sommer (@willsommer) September 23, 2022
Truthfully, not as bad; but I could have missed it, too, and never known the loss.
checking in on the Republican presidential frontrunner pic.twitter.com/IeFH80ejq6— Aaron Rupar (@atrupar) September 23, 2022
it's funny how "Marxism" is such a shibboleth among people who have no idea that "communism" even was (the Berlin Wall came down before this woman was born, I'm willing to bet). And the racism-that-isn't has never gone away. In my day it was just "I don't want my daughter to marry one!" Now it's "equity, inclusion, diversity"...all marks of CRT and all "Marxism." (And "Marxism" was the catch-all for anything you wanted to label "unAmerican." We even had a House Committee devoted to uncovering such matters; it ran from 1938 to 1975. Imagine such a thing today. But it's funny how "Marxism" is still the go to phrase for all things untenable and to be shunned by all "good" people.)
fellas, is it communist to be a decent human? https://t.co/Fi1CkT45lf— Aaron Rupar (@atrupar) September 23, 2022
"Strategy"? What "strategy"?
Trump's 'quickly crumbling' legal strategy could soon 'deteriorate considerably': analysishttps://t.co/8VNFJlgKoo— Raw Story (@RawStory) September 23, 2022
Trump has never won a case in court or brought any of his “enemies” to court since he took office. His strategy against the DOJ hasn’t crumbled, it was smashed to bits, and now the Special Master is pounding the bits into dust.
(Or as Bill Barr would say, a crock of waste.)— George Conway🌻 (@gtconway3d) September 23, 2022
"Our"? Two jokes come to mind, one badly dated and maybe offensive (if so, apologies; I am a creature of my childhood). First one: " 'We?' You gotta mouse in your pocket?" Second: Lone Ranger sees a horde of Indians (sorry!) descending upon him. "Looks like we're in trouble, Tonto." "What you mean 'we,' white man?"
Trump’s 'empire' may have always been a myth — and it appears that the clock is nearing midnight. https://t.co/4vICo3h2sc— MSNBC (@MSNBC) September 23, 2022
Is it possible DeSantis canceled the most recent flight of immigrants because Vertrol (or Ultimate JetCharters) didn’t want the coming publicity?
This isn’t even three-fifth’s true. https://t.co/B5Szvoknkp— Renato Mariotti (@renato_mariotti) September 23, 2022
Or is it that DeSantis has simply decided to move on, and proclaim his white supremacy as another variant of white man’s burden rather than as anti-immigration?
But Vertrol, which specializes in flight training for the defense department, didn't fly the migrants. Those flights were conducted by Ultimate JetCharters, a Canton, Ohio-based company specializing in corporate shuttles, sports team travel and casino trips./6— Mary Ellen Klas (@MaryEllenKlas) September 22, 2022
Thursday, September 22, 2022
That would be this guy:
Steven Hotze, a Texas-based religious-right activist and doctor, says that those who have received COVID-19 vaccines "become connected to the internet of things and you can be mind-controlled by artificial intelligence through maybe 5G." pic.twitter.com/BjpBqbPqja— Right Wing Watch (@RightWingWatch) September 22, 2022
Also the guy responsible for this flyer:
Breaking: GOP activist Steven Hotze was indicted Wednesday on two felony charges related to his alleged involvement in a repairman being held at gunpoint in 2020 during a search for fraudulent mail ballots that did not exist. https://t.co/8bKjB66Qt4— Texas Tribune (@TexasTribune) April 20, 2022
The charges stem from Hotze’s hiring of more than a dozen private investigators to look for voter fraud in Harris County ahead of the 2020 presidential election.One of the investigators, former Houston police captain Mark Aguirre, was arrested in December 2020 and charged with aggravated assault. Prosecutors said Aguirre used his vehicle to run an air conditioning repairman off the road before dawn on Oct. 19, 2020.Aguirre then detained the repairman at gunpoint and ordered an associate to search his truck, according to court filings. When a Houston police officer happened upon the scene and stopped to investigate, Aguirre said the truck contained 750,000 fraudulent mail ballots prepared by Democrats.The truck contained only air conditioning parts and equipment. Hotze’s investigators have not produced any credible evidence to support allegations that Democrats orchestrated a wide-ranging mail ballot scheme in Harris County during that election.
“Every man is to be respected as an absolute end in himself; and it is a crime against the dignity that belongs to him as a human being, to use him as a mere means for some external purpose.” - Immanuel Kant https://t.co/hMis0DV9Me— Renato Mariotti (@renato_mariotti) September 22, 2022
WOW. It gets even worse. “Perla” lied to dozens more asylum seekers, put them up in a hotel for days with false claims about jobs and housing, and when DeSantis suddenly cancelled the Delaware flight yesterday, she dumped some back at the shelter and stranded the others. https://t.co/TGhia9pEAI pic.twitter.com/QCY2CpGr7p— Aaron Reichlin-Melnick (@ReichlinMelnick) September 22, 2022
Aaaand one migrant at the shelter got “Perla” ON VIDEO cruising around the shelter and “recruiting” people for DeSantis’s stunt with lies.— Aaron Reichlin-Melnick (@ReichlinMelnick) September 22, 2022
She was driving around in a comically conspicuous black SUV and acting so sketchy a random guy at the shelter started recording her. pic.twitter.com/AtU73lZgZq
One 19-year-old, a kid, was out in the streets when “Perla” gave him somewhere to sleep and promised him a better future.— Aaron Reichlin-Melnick (@ReichlinMelnick) September 22, 2022
He told the Herald that her deception left him devastated: "I want to cry because I feel hopeless. I have nothing. How do I work? How do I survive?" pic.twitter.com/1MEOiioGOY
DeSantis is giving the Bexar (pronounced "Bear" in Texas, if you're wondering) County Sheriff more to investigate, but the new question is: why did he cancel the flight? And why is he so committed to San Antonio?
When DeSantis cancelled the flight yesterday and “Perla” got a bus to dump people back at the shelter, not everyone got told.— Aaron Reichlin-Melnick (@ReichlinMelnick) September 22, 2022
“‘They left and that was it,’ [Luis Oswaldo] said. ‘They didn't give out more food. I have water from the lobby.’
‘I'm 'eating' water now,’ he said.” pic.twitter.com/oqaxFiPsUx
Begun, the Trump-DeSantis war has. https://t.co/oLJEDcxlra— Rick Wilson (@TheRickWilson) September 22, 2022
Which just makes it even more fun.
His father in law proposed the same thing 3 years ago https://t.co/2gSQpJgk07— Maggie Haberman (@maggieNYT) September 22, 2022
So you've got all this money to throw around foolishly, but you don't have your phone backed up somewhere? My phone is backed up six ways from Sunday, and everything on it (except apps) is shared on my computer, too. And yes, I'm including text messages. Lindell is rich enough to just buy another phone immediately and download the app for his hearing aids, if that's a real problem (who knows? Maybe it is.). That he has lost access to all that information is his own lookout. But look! It gets worse!
MyPillow CEO Mike Lindell begs FBI to give back cell: 'My hearing aids are tied to this phone' https://t.co/ssw4tS2IXu— Raw Story (@RawStory) September 22, 2022
Remember what I said about "Give me the rules and I'll give you the law, and you'll lose everytime?" Lindell's lawyers had neither the rules nor the law on their side, but they never get past being beat up with the rules. They asked for a TRO. There are rules for a TRO; local federal rules, in this case (there are others, but these count, too):
TRUMP RULING BOOMERANGS ON MYPILLOW BOSS: A Trump-appointed federal judge just denied a TRO for Mike Lindell to get his phone back after it was seized by FBI at Hardee's. Judge cites....wait for it.....Trump docs ruling from 11th Circuit last night. Doc: https://t.co/zw4CyplxfP— Josh Gerstein (@joshgerstein) September 22, 2022
(1) The request does not comply with Rule 65(b).Relevant here, Rule 65(b) provides:(b) Temporary Restraining Order.(1) Issuing Without Notice. The court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if:(A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and(B) the movant’s attorney certifies in writing any efforts made to give notice and the reasons why it should not be required. With respect to the requirements in subparagraph (b)(1)(A),Plaintiffs filed a verified complaint that includes allegations of irreparable injuries. With respect to subparagraph (b)(1)(B), however, Plaintiffs’ attorney filed no certification.
(2) Though Plaintiffs cite Federal Rule of Criminal Procedure 41(g) as the basis for their motion, Plaintiffs do not discuss the Rule or cite any authority that might explain why the cellphone’s return is appropriate under the Rule. To be clear, Plaintiffs cite Rule 41(g) in their Motion and in the caption and introductory paragraph of their Memorandum. But that’s it. Rule 41(g) goes unmentioned in the remainder of Plaintiffs’ 18-page memorandum.
(3) Whether Rule 41(g) requires the cellphone’s return is not obvious, and that’s understating things. Rule 41(g) allows a person whose property has been seized by the Government to petition the district court for its return. Jackson v. United States, 526 F.3d 394, 396 (8th Cir. 2008). A pre-indictment motion seeking the return of seized property, which the Eighth Circuit has said “is more properly considered a suit in equity rather than one under the Rules of Criminal Procedure,” turns on consideration of several factors. Black Hills Inst. of Geological Research v. United States Dep’t of Justice, 967 F.2d 1237, 1239 (8th Cir. 1992) (citation omitted). These include: “whether the action involved a callous disregard for constitutional rights,” “whether the party seeking return has an individual interest in and need for the property, whether the party has an adequate remedy at law, and whether the property would be irreparably damaged by a failure to return.” Id. at 1239, 1240 (citations omitted). “[W]hen the owner of seized property seeks injunctive relief for the return of property while the case remains in the investigative stage (i.e. before criminal charges are brought), the district court must also balance the government’s interest in retaining the property against the owner’s right to get it back.” Id. at 1240; see also Trump v. United States, No. 22-13005, 2022 WL 4366684, at **7–9 (11th Cir. Sept. 21, 2022) (applying like factors in adjudicating motion for partial stay of district court order).
I highlighted the best parts: the opening sentence, and then the sentence with the citation to Trump v. U.S.
As I said: clownshow stuff. With lawyers like this Lindell would be better off acting pro se. The court would be a bit more lenient, and he'd save a lot of money. He'd still lose, but he wouldn't waste money on these clowns.
But it won’t be long now.
Judge Dearie has now released a docketed "Case Management Plan" giving the Trump team until September 30 to dispute any items in the DOJ's existing property inventory https://t.co/OmgSZi9a5q— Joshua J. Friedman (@joshuajfriedman) September 22, 2022
And to all those people who warned Dearie would be very slow:
The Mar-a-Lago special master is telling Trump's lawyers to say once and for all whether they really think the FBI planted evidence during its search, as the former president has publicly alleged. pic.twitter.com/hVF7fCTjIj— Brad Heath (@bradheath) September 22, 2022
Dearie is serious about moving this thing—docs are to be reviewed, objected to, and decisions made on a rolling basis— Owen Barcala (@obarcala) September 22, 2022
Trump team gets the remaining docs on Sept 26 and must submit designations to the gov in three batches, each about a week apart, any disputes sent to Dearie https://t.co/6ncjsgbtOI pic.twitter.com/8oVFwCDapg
They’re gonna wish DOJ had filed a broader appeal.
Trump’s team needs to find an exit ramp out of the Special Master proceeding they asked for. https://t.co/sjYH6xzZ2f— Renato Mariotti (@renato_mariotti) September 22, 2022
Just bizarre how much of the right’s agenda/obsessions today are just Trump grievances that have nothing to do with anything else. If he gags on a Big Mac tomorrow, the Federalist and Claremont will churn out odes to the patriotism and godliness of the Whopper. https://t.co/CPeW8mRKB1— Radley Balko (@radleybalko) September 22, 2022
Important, overlooked moment on Hannity:— Greg Sargent (@ThePlumLineGS) September 22, 2022
Trump suggests FBI planted evidence in Mar-a-Lago docs. Hannity asks: Wouldn't surveillance footage reveal that? Trump pulls a homina homina homina.
Remember how Trump "threatened" to release that footage?https://t.co/IFhfChit5v pic.twitter.com/AdL0qFo8P9
The 11th Circuit took away the SM’s authority over the seized classified documents. I honestly don’t know what else Dearie has to do, but I expect there will be a hearing shortly where he tells the parties his understanding of the order.
/12. Even though the relief DoJ requested and the 11th Circuit granted was narrow, the ruling demolishes the basis of Judge Cannon’s ENTIRE order, and if she were principled she’d revoke the entire order, though she will not For Whatever Reason. https://t.co/SABNvFWNLB— ResponsibleDispatchHat (@Popehat) September 22, 2022
Wednesday, September 21, 2022
I love how they adopted DoJ's "red herring" language. It was all the most beautiful of dunks. And, I guess, legally sound, which...that's cool, too.It’s the judicial equivalent of that scene from The Paper Chase where Kingsfield hands a student a nickel in his lecture and tells the student to call his mother and tell her he will never be a lawyer.
The man should not be allowed anything sharper than a rubber ball.
Omg he’s actually invoking the Secret Telepathic Unilateral Preemptive Irreversible Declassification (S.T.U.P.I.D.) defense https://t.co/moq1paUS5B— Asha Rangappa (@AshaRangappa_) September 22, 2022
The irony of saying this on a day when James is suing over his property valuations is something. In his deposition in the @TimOBrien lawsuit, Trump said he used “mental projections” for valuations on his golf courses. https://t.co/YtPKnwPEfs— Maggie Haberman (@maggieNYT) September 22, 2022
Trump’s efforts to protect his ego from reality is frightening.
By the end of this clip, Trump almost completely decomposes.— Bill Grueskin (@BGrueskin) September 22, 2022
If you saw someone on a sidewalk talking this way, you’d put your phone to your ear, stare at the ground and cross the street as fast as possible.
Via @atrupar pic.twitter.com/SFUI8jOr4o
READ the full 29-page ruling: https://t.co/Y6JlnrJZsC— Kyle Cheney (@kyledcheney) September 21, 2022
For the reasons we have explained, we GRANT the stay pending appeal. The district court order is STAYED to the extent it enjoins the government’s use of the classified documents and requires the government to submit the classified documents to the special master for review.Pretty sure this means the special master can go back to retirement.
The Ct of Appeals ruling is not only a straight repudiation of every legal claim Trump has made since Mar a Lago searched, it's a boomerang— Neal Katyal (@neal_katyal) September 22, 2022
Trump's legal args backfired-Ct powerfully explains why criminal & natl sec implications are so massive
Court just justified a prosecution https://t.co/6Y5np1j6LQ
That’s two Trump judges and an Obama judge for you “all Trump judges are alike” folks out there https://t.co/chnHRhK5qj— ResponsibleDispatchHat (@Popehat) September 21, 2022
"[Trump] has not even attempted to show that he has a need to know the information contained in the classified documents.— Kyle Cheney (@kyledcheney) September 21, 2022
Nor has he established that the current administration has waived that requirement for these documents." https://t.co/Y6JlnrJZsC
The silly position taken by Trump’s lawyers in the Special Master proceeding was referenced by the Court of Appeals in its decision.— Renato Mariotti (@renato_mariotti) September 21, 2022
It’s unclear to me why Trump’s team believes that litigating these issues at this time is in his interest. https://t.co/86kuxJfW2O
DOJ appellate lawyers were savvy to make a motion before Judge Cannon that permitted them to get an affidavit into the record on appeal, which the Court of Appeals ultimately relied upon.— Renato Mariotti (@renato_mariotti) September 21, 2022
h/t @secretsandlaws https://t.co/vD1Own2lum
IOW, Judge Cannon was so fundamentally wrong the panel didn’t need to think about it.
Put another way, if everyone received the special treatment that Trump received from Judge Cannon, our judicial system would be overwhelmed with litigation from people who are under investigation. https://t.co/am7wvp9vrD.— Renato Mariotti (@renato_mariotti) September 21, 2022
Favorite part of the ruling so far. Basically telling Cannon: look, we could have just stopped here, but this is fun so we're gonna keep dunking on you for the next 12 pages. pic.twitter.com/VGSUrhA4TU— Secrets and Laws (@secretsandlaws) September 22, 2022
I have been screaming this into the void for six weeks and finally feel seen https://t.co/jkgYl8bW9P— Asha Rangappa (@AshaRangappa_) September 22, 2022
Oh look, classified information is government information. Who'd'a thunk it? pic.twitter.com/nGwfGrmmn9— National Security Counselors (@NatlSecCnslrs) September 22, 2022
Eleventh Circuit Rule 35-4 expressly prohibits en banc reconsideration of panel rulings on applications for stays.— Steve Vladeck (@steve_vladeck) September 22, 2022
In English, if Trump wants to continue to defend Judge Cannon's injunction, his only remaining option is #SCOTUS (where, IMHO, he'll lose):https://t.co/PbyNFqkNgq pic.twitter.com/9rQ4ApbuR9
And I know you're wondering:
One of the subtle but *very* significant threads in the Eleventh Circuit's ruling is the panel's *unequivocal* rejection of the repeated insinuations—from both Trump and some of his amici (looking at you, Texas)—that this was all just bad faith or harassment by DOJ.— Steve Vladeck (@steve_vladeck) September 22, 2022
Not so much: pic.twitter.com/pILD6bhSMr
Trump has the right to now ask #SCOTUS to vacate the Eleventh Circuit’s partial stay and put Judge Cannon’s ruling back into effect.— Steve Vladeck (@steve_vladeck) September 21, 2022
But suffice it to say, I think the odds of there being five votes to override this ruling — even on *this* Court — are exceedingly close to zero. https://t.co/7ZzU1aaCHZ
Yesterday's special master hearing, and tonight's Eleventh Circuit decision, brutally highlight how nonsensical and baseless and lawless and atrocious Judge Cannon's rulings have been. https://t.co/DNDwgJvfYQ— George Conway🌻 (@gtconway3d) September 22, 2022
READ the full 29-page ruling: https://t.co/Y6JlnrJZsC— Kyle Cheney (@kyledcheney) September 21, 2022
Renato Mariotti pointed to this very error earlier this month:
And there are a couple of stunning admissions. The first is Team Trump's telling Judge Dearie that their side has no index or any other records of what was in the boxes. 2/— Lisa Rubin (@lawofruby) September 20, 2022
No competent attorney would have approved the production of documents to the government without reviewing and cataloguing the documents provided. You have to know what it is that you’re producing and what, if anything, is still being held back. While attorneys may not have been able to review certain classified documents, the existence of those documents should not have been a surprise to Trump’s team. They should have been aware that they were producing classified materials, raised that issue to NARA before producing, and produced them in a secure manner.
When I was a legal assistant I worked on several civil cases involving document production. In one case I was ushered into a large room full of all the documents related to construction of a building on UT campus. I had 8 hours to find what I wanted and tag it for copying. I then spent weeks collating, categorizing, analyzing, and cataloging those documents to turn them into exhibits for a week of depositions we conducted in the case. We cataloged all those documents, and I guarantee UT kept a list of all the documents they gave us. We kept lists of documents we produced to opposing counsel in every case I worked on. To not do so would have been the grossest kind of malpractice. I really can't believe Trump's lawyers admitted that in open court, except that they were not the lawyers who had anything to do with Trump during the NARA negotiations, the DOJ negotiations, the service of the subpoena or the service of the search warrant.
A catalog of the documents would have told them what the FBI took, if only by absence.
A) he may not have clearance to see those documents, which proves the "irreparable harm" claim the DOJ made to the 11th Circuit (and which Trusty tried to refute before the same court).
The second -- and more significant -- concession was Trusty telling Dearie that he can't represent that Trump actually declassified any documents yet because he hasn’t seen the documents DOJ considers classified. 4/— Lisa Rubin (@lawofruby) September 20, 2022
In other words, the only evidence of this declassification is Trump's word. Which, even if he wasn't a serial liar infamous for his fleeting relationship with the truth, would mean nothing in this legal context.
But wouldn’t his client -- aka Trump -- remember what he purportedly declassified and/or have kept a record of when and how he did it? And without such a record showing the what and when, how can Team Trump ever argue, much less prove, he declassified anything? 6/— Lisa Rubin (@lawofruby) September 20, 2022
Which is pretty much the argument Judge Cannon bought into; but nobody else seems inclined to purchase.
"It's important to look at Trump's arguments in the Mar-a-Lago case as an extension of the Big Lie that led to 1/6...The throughline between them is that Trump continues to assert that he has equal presidential power to the current...president"- @AshaRangappa_ w/ @NicolleDWallace pic.twitter.com/0tJH4WMjyP— Deadline White House (@DeadlineWH) September 20, 2022
...and drive across a state line, is that human trafficking?
"If I went on to the border and I put people back of my car, and I transported people to another state, wouldn't I get arrested for human trafficking? Isn't that against the law?" -- Sean Hannity pic.twitter.com/eaw1d2u4UD— Aaron Rupar (@atrupar) September 21, 2022
Incredible verbal flip from McDaniel: In the same breath, she complains that Democrats are the ones actually scaring Americans, then pivots immediately to FENTANYL WILL KILL THE ENTIRE COUNTRY, STARTING WITH YOUR CHILDREN ON HALLOWEEN https://t.co/Y69z7vf3cd— Daniel M. Jimenez (@DMJreports) September 20, 2022
DeSantis is toast. QED. Maybe not at law, but politically? Stick a fork in ‘im.
the governor/presidential hopeful who under false pretenses transported people from one state that isn't his to another state that isn't his has thoughts on political theater https://t.co/bSvaEYhg6d— Aaron Rupar (@atrupar) September 21, 2022
📽️📽️📽️ pic.twitter.com/kpHhkdkDg8— Aaron Rupar (@atrupar) September 21, 2022
Although Trump hasn’t cornered the market on dumb lawyers.
Trump’s request for a special master has already backfired, putting him in a position where he ended up declining, in writing, to state whether he declassified any documents. Now DOJ is using that to undermine his argument on appeal.— Renato Mariotti (@renato_mariotti) September 21, 2022
Self-inflicted wound by Trump’s team. https://t.co/Zz3IHdlo9Z
Dershowitz is reportedly the lawyer on that turkey.
Silly lawsuit that isn’t worth the paper it is printed on.— Renato Mariotti (@renato_mariotti) September 21, 2022
It is not a violation of the First Amendment for the FBI to seize your cell phone pursuant to a court-authorized search warrant. https://t.co/Vl1VV7wg52
Tuesday, September 20, 2022
Buh-bye, Ron. We hardly knew ye; which suited us just fine.*
DeSantis: Since migrants actually aren't coming into our state en masse, we had to go to an entirely different state to carry out this campaign stunt. https://t.co/X7z1J9XHXf— James Surowiecki (@JamesSurowiecki) September 20, 2022
IOW: evidence is evidence, and non-evidence is…nothing. And as Lear said: “Out of nothing nothing comes.”
Special Master to Trump lawyers: “If the government gives me prima facia evidence that they are classified documents, and you don’t advance any claim of declassification, I’m left with a prima facia case of classified documents, and as far as I’m concerned, that’s the end of it,”— Ana Cabrera (@AnaCabrera) September 20, 2022
But Trump's entire case is built on eating his cake and having it, too. His argument now is that, by putting his pen to paper, Trump renders all documents his personal property. Isn't that enough?
NEW: Special master in Trump Mar-a-Lago docs case chides Trump lawyers for declining to produce evidence of declassification. Judge Dearie: 'You can't have your cake and eat it, too.' More from Brooklyn. w/@kyledcheneyhttps://t.co/urQaYOP1F7— Josh Gerstein (@joshgerstein) September 20, 2022
Which is why Trump declassified them, but he can't present evidence of that because it might harm his criminal defense later, so you just have to believe him that the documents are his and he should get 'em back!
If you write notes on a top secret classified document (which really makes me shudder) or take notes on one, those notes stay in the SCIF you're using. You don't get to take them with you, because....they're classified.— Joyce Alene (@JoyceWhiteVance) September 20, 2022
Ken Paxton isn't ashamed because you can't shame a whore.
We’ve reached the stage where performative litigation includes filing pro-se-style rants in strangers’ cases. https://t.co/9xhZzciNk2— ResponsibleDispatchHat (@Popehat) September 20, 2022
And why, Mr. Turley, wouldn’t they present that evidence? No, don't tell him! Let him figure it out. Let's go away quietly so he can.....
He’s so close to getting it… https://t.co/XFVqTeHGOv— Steve Vladeck (@steve_vladeck) September 20, 2022
Judge: I follow directions. I do what I'm told....We are going to proceed with what I call responsible dispatch.— Josh Gerstein (@joshgerstein) September 20, 2022
Judge says speakers are free to take masks off. Edelstein speaks for govt says DOJ ready to give docs to vendor by tomorrow. Trusty says they just got the lost of five. Asks for Friday to pick a vendor. Judge says: Let's do it tomorrow.— Josh Gerstein (@joshgerstein) September 20, 2022
I do love what follows:
Trusty stands by position that they don't want right now to detail what may have been declassified or when. 'We're not in a position nor should we be in a position at this juncture to fully disclose a substantive defense'— Josh Gerstein (@joshgerstein) September 20, 2022
If the documents are classified, neither Trusty nor anyone on his team (or in his office) or at MAL (including Trump) can "see" those documents. And "irreparable harm" occurs if they do. That's what "classified documents" are. The attack on NARA is just grandstanding nonsense. Trusty has nothing on his side so he's pounding the table. Juries might be impressed; retired federal judges aren't.
Trusty now railing against NARA, calls it 'highly politicized,' talks about trigger warning disclaimer on NARA website, also refs late Sandy Berger's docs in the socks/pants. Dearie calls that 'broad brush' but says he will give notice before consulting NARA.— Josh Gerstein (@joshgerstein) September 20, 2022
So far Judge Dearie is asking the sensible questions Judge Cannon should have asked but, for whatever reason, didn’t. https://t.co/Tu6aPJ22rL— ResponsibleDispatchHat (@Popehat) September 20, 2022
Big from Dearie:— Adam Klasfeld (@KlasfeldReports) September 20, 2022
He presses Trump’s lawyers on what he’s supposed to do. The government provided “prima facie evidence” of classification, ie, the markings.
“As far as I’m concerned, that’s the end of it.”
JUDGE: “As far as I’m concerned, that’s the end of it.”— Mark S. Zaid (@MarkSZaidEsq) September 20, 2022
This cannot get lost in translation. There are mechanisms to properly challenge govt classification decisions.
But Trump is not engaged in one of them. https://t.co/Utitl6IlI9
Truly remarkable that some members of prosecution team still don't have necessary clearance to see all of the seized classified docs, which DOJ asserts are critical to conducting the investigation. Only explanation is some of docs have extraordinarily high levels of protection. https://t.co/sqoX4Es71y— Brandon Van Grack (@BVanGrack) September 20, 2022
Zaid is the guy Trump needed for this case. Zaid is also too smart to work for Trump.
I have made that "need to know" argument so many times over decades. I persuaded federal judge of this once. DC Cir reversed.— Mark S. Zaid (@MarkSZaidEsq) September 20, 2022
I wish it were otherwise but Trusty hasn't done his homework. When arguing access to classified info one needs to thread a needle not use sledgehammer. https://t.co/wklMcLjheU
JUST IN: Trump has filed a 40-page response to DOJ's appeals court filing. Among their arguments: Trump's handwritten notes on potentially classified documents may make them subject to executive privilege claims. https://t.co/qwpCQJaz8r pic.twitter.com/GcYX9Iz1mo— Kyle Cheney (@kyledcheney) September 20, 2022
This is almost clever:
The Government again presupposes that the documents it claims are classified are, in fact, classified and their segregation is inviolable. However, the Government has not yet proven this critical fact. The President has broad authority governing classification of, and access to, classified documents. See Dep’t of Navy v. Egan, 484 U.S. 518, 529 (1988).
Congress provided certain parameters for controlling classified information but primarily delegated to the President how to regulate classified information. 50 U.S.C. § 3161. At the same time, Congress exempted the President from complying with such requirements. Id. § 3163 (“Except as otherwise specifically provided, the provisions of this subchapter shall not apply to the President . . . .”).
President Obama enacted the current Executive Order prescribing the parameters for controlling classified information in 2009. See Exec. Order 13526 (Dec. 29, 2009). That Executive Order, which controlled during President Trump’s term in office, designates the President as an original classification authority, Id. § 1.3(a)(1), and grants authority to declassify information to either the official who originally classified the information or that individual’s supervisors—necessarily including the President. Id. § 3.1(b)(1), (3). Thus, assuming the Executive Order could even apply to constrain a President, cf. 50 U.S.C. § 3163, the President has absolute authority to declassify any information. There is no legitimate contention that the President's declassification of documents requires approval of bureaucratic components of the executive branch. Yet, the Government apparently contends that President Trump, who had full authority to declassify documents, “willfully” retained classified information in violation of the law. See 18 U.S.C. § 793(e); AA66. Moreover, the Government seeks to preclude any opportunity for consideration of this issue.
There's a legitimate issue of presumption here: does the Court presume documents are classified until proven otherwise? Is that burden, IOW, on the plaintiff (Trump) or on the Government (defendant)? I don't know the state of the law on that issue, but I'm sure there is one. On that point, in fact, I defer to Asha Rangappa:
But notice how dodgy this is: the lawyers never say Trump declassified the documents in question. They only say the government hasn't proven he DIDN'T declassify them (which doesn't exactly shift the burden of proof to the government). They also say Trump has "broad authority...and access to...classified documents." As President he does. Not as a former President. Again, playing fast and loose with the law.
There's nothing to "prove." The USG considers the documents classified and have made that clear. Punto. End of story. Trump's theory is that he had the final say when he was president, right? So the same goes for who's in charge now. This is so bizarre. https://t.co/qEIFVb4WuI— Asha Rangappa (@AshaRangappa_) September 20, 2022
The problem for Trump is, will the 11th Circuit find the trial court abused its authority by assuming the validity of Trump's non-assertion (he's never claimed in court that the documents were declassified) or by rejecting ipse dixit (you'll see) the evidence actually presented by the government?
Presumably DOJ could provide a declaration from an official that the records are classified. Many judges wouldn’t require a declaration, relying on the government’s declaration.— Renato Mariotti (@renato_mariotti) September 20, 2022
If Trump wants to contend that he declassified the records, his lawyers need to come out and say so. https://t.co/pemAN8bIh6
Also: is that really the issue?
And it's important to note (hi @emptywheel), DOJ subpoenaed all docs with classification markings, regardless of whether they remain classified, which prosceutors say is immaterial to their need to recover them. https://t.co/qwpCQJa1iT— Kyle Cheney (@kyledcheney) September 20, 2022
It does matter to the government:
Which can make it matter to the 11th Circuit; but not in the way Trump wants. In fact, DOJ's argument there works directly against Trump's argument in his brief. Odd he doesn't address that issue, though.
A reminder that disclosing whether or not docs were declassified is critical to national security. As DOJ stated in its appeal, "the govt would have a... compelling need to understand what had been declassified and why...to protect intelligence sources and methods." https://t.co/zQRyH56mBB— Brandon Van Grack (@BVanGrack) September 20, 2022
With the exception of Kentucky, every state listed as signing onto this amicus brief also signed onto Texas effort to overturn the 2020 election at SCOTUS. pic.twitter.com/R3kEOHSEYK— Kyle Cheney (@kyledcheney) September 20, 2022
"Take the Administration’s resort to procedural gamesmanship to overcome adverse judicial decisions."
"Or consider the Biden Administration’s collusion with private parties to circumvent ordinary rules for administrative rulemaking."
"When it is unable to engage in procedural gamesmanship to cast aside unfavorable judicial decisions or engineer a collusive settlement to preempt them, the Biden Administration has resorted to blinding itself to adverse precedent and its prior representations altogether."
Those are quotes from the amicus brief. Those are not legal arguments. They read more like extracts from Twitter. And why are the collected heads of the Attorneys General of 11 states making an argument like this? Because the district judge's ruling is indefensible:
The Biden Administration’s track record supports the district court’s refusal to credit the Administration’s ipse dixit about the contents of documents it seized during its raid of President Trump’s private residence.
In other words, it's a lame assault on the credibility of the government, by attacking Biden's policies which they, as Republicans, don't favor. I mean, who you gonna trust, judges? A serial liar like Trump? Or those FBI agents who now work for the Biden Administration?
I don't think the 11th Circuit will be impressed.
Then follows in Trump's brief a longish argument about the Presidential Records Act, summed up by this footnote:
The ultimate disposition of all the “classified records,” and likely most of the seized materials, is indisputably governed by the provisions of the Presidential Records Act (“PRA”). See 44 U.S.C. §§ 2201, et seq. Thus, at best, the Government might ultimately be able to establish certain Presidential records should be returned to NARA.
1) "The United States shall reserve and retain complete ownership, possession, and control of Presidential records; and such records shall be administered in accordance with the provisions of this chapter."
2) "The United States District Court for the District of Columbia shall have jurisdiction over any action initiated by the former President asserting that a determination made by the Archivist violates the former President’s rights or privileges. "
Trump's making the wrong argument in the wrong court. He brought this suit, not the DOJ. He can't raise claims under the PRA in Florida. EOD. And he can't make a rule 41 claim to recover the documents. If they are "Presidential records," he has no right to them. If they aren't, he needs to be in DC arguing his claims under the PRA.
The rest of the brief covers the question of "irreparable harm" (the standard for lifting or modifying the court order) and jurisdiction for an interlocutory appeal. Sensible pleading, that, and I'm in no position to critique the arguments made. But I'm not impressed with the "classified records" that may or may not be (who's the government to say they are, amirite?) argument, or the invocation of the PRA, which does their case far more harm than good.
I had trouble getting a handle on what SM Dearie was doing. But it comes down to something quite simple:
TO RECAP: Trump demanded a special master and won. He asked for Raymond Dearie and won. Now his legal team is upset that Dearie is asking for evidence of what he claims to have declassified and is setting aggressive deadlines.https://t.co/RsOsYCoQBu— Kyle Cheney (@kyledcheney) September 19, 2022
You see, the "declassification" issue is a red herring which Trump's lawyers have never brought up in court (because they'd face sanctions for lying to the court). So I was a bit confused as to why Dearie was bringing it up, and insisting it was important. Well, it's rather simple: "personal" records would not be classified, period. Presidential records could be. The beginning point of the analysis of which is which, is to determine which ones Trump claims were "declassified," thus, arguably, making them "personal." Not that Dearie is accepting that argument ab initio, as Cannon clearly did; but because Dearie can't begin to analyze and then classify (i.e., put into categories; not "classify" under national security law) documents into groups until he can understand the nature of the documents. He can't, in other words, do the job the judge assigned to him without settling the classified/declassified issue first.
ADDENDUM: Trump says one reason he doesn’t want to disclose whether he declassified anything is that Cannon didn’t explicitly require it. But she did ask Dearie to distinguish between personal/presidential records, which would be difficult w/o this info.https://t.co/RsOsYCoQBu pic.twitter.com/CCDNswPYI4— Kyle Cheney (@kyledcheney) September 20, 2022
All Rubio is missing is the international pedophile rings. Oh, wait!
This is the kind of campaign ad you make when your campaign team spends 16 hours a day on Truth Social. This is destined to appear in a documentary montage about what the online political climate was like in 2022. pic.twitter.com/LUk3fTDHho— Ari Drennen (@AriDrennen) September 19, 2022
Where goes Trump, goes the GOP all.
Yes, this is creepy, but it also shows Trump is desperate. He's backed into a corner and has no other choice but a full embrace of the QAnon cult. https://t.co/EruUlJ2WU8— Candice Bernd (@CandiceBernd) September 19, 2022
Yes, in her forthcoming Trump tome, set for release on October 4, New York Times scribe Maggie Haberman reports Trump spent the days following his loss telling aides that, despite a long-respected custom to do otherwise, he would not be leaving the White House on January 20. “I’m just not going to leave,” Trump told one aide, according to Haberman. “We’re never leaving,” the then president told another person.
I mean, I'd read this about Maggie's book before; but then you think about it, what Trump was proposing was to be a spoiled child who wouldn't go on the family trip because he'd just cross his arms and stay in his room. "THEY CAN'T MAKE ME!" Which, given that he's a, what, 72 year old man at that point, is pretty astonishing. And makes me ask again: why does anybody treat this superannuated toddler like he's serious? He has no power, but we just keep giving it to him. It's like the news talking about Trump going full "Q" in Ohio over the weekend. So? Do you secretly fear he really is going to bring "The Storm"?
"Q" are the idiots who gathered for days on Dealey Plaza, waiting for JFK and his son to return to them from the dead. They're the idiots who think there's an international pedophile ring run by Democrats who rape children and drink their blood and are so good at it there's no evidence of it, until Trump brings "The Storm" and provokes mass arrests and, for good measure, mass executions on television because, apparently like Mike Lindell's "proof" of election fraud: once it is revealed all will fall down and realize it is true, at once! Even the Supreme Court will have to agree!
Yeah, it's a religious (tinged) type of belief, similar to the vision of Jesus returning in clouds of glory when every eye shall see and every ear hear (full disclosure: I'm not down with such an apocalyptic vision as the true "endgame" of Christianity or history, at all). But that is, to be fair, why it's nuts; because nothing in human history works like that, or can, or will. And Trump has no interest in "Q" anymore than he does in Christianity, except as it can be a tool for his self-aggrandizement. And the minute it can't be, he's bored with it again.
I remember in the '70's, before disco (which was a mid-decade thing), we had "Jesus Freaks," Young people who acted like hippies but suddenly loved Jesus, and ran around shouting "One Way!" and sticking their index fingers in the air. (They were very Johannine Jesus freaks.) Everybody thought they were crazy except the fundamentalist and evangelical churches, who, before Falwell, weren't all that interested in anything but saving souls and staying pure, i.e., apart from other Christians who weren't fundies or evangelicals. They were a bit leary of the "freaks," but struggled to accept them because their theology (the freaks', I mean) was fundamentally fundamentalist/evangelical. Point is, nobody mistook 'em for Nazis. I know "Q" has changed the meaning of the symbol, or at least tried to. But I see a bunch of Jesus freaks there, especially because Jesus freaks were mostly white. And it's still "Q" and Dealey Plaza, and mostly people who are stone nuts. If that's the crowd Trump is reduced to selling himself to, I think the GOP is gonna go the way of the Whigs a lot sooner than expected.
The display bore an uncanny resemblance to the infamous Nazi salute. The incitement and zombie-like response should put to rest the notion that Biden should be “reaching out” to these people. They are unreachable, and pretending otherwise misleads voters. https://t.co/jf5pnPpn20— Jennifer "Pro-privacy" Rubin (@JRubinBlogger) September 19, 2022
Trump was a toddler with a shotgun when he was in the White House. Now he doesn't have the shotgun; and he's just a 74 year old toddler. If "Q" is all he has, he really does have nothing.