So apparently Trump has issued a summons to DOJ. But Trump has yet to ask for a TRO. He’s seeking an injunction, but by the time the court can take any action (not will, just can), the issues will be (if they aren’t already), entirely moot.JUST IN: Donald Trump has filed his "supplemental" motion for relief, explaining in more detail his demand for a special master and an injunction preenting the government from reviewing the seized materials. https://t.co/pAS4tDGJkS
— Kyle Cheney (@kyledcheney) August 27, 2022
And there’s still the question of why this judge should tell that magistrate what to do. District judges don’t tell district judges what to do. Magistrates are not district judges, but what Trump is asking for is in the nature of a mandamus, a directive to take specific actions. District judges don’t generally issue those to magistrates. Nor do they just take the case away and start ruling in it. Which means it still comes back to: “Why didn’t you ask the magistrate for this relief?”
And all this barely starts to address the other problems with these filings. Trump’s “delaying action” is still just delaying himself. The only person adversely affected here is Trump. Mostly because his lawyers can’t find their asses with both hands and a flashlight.
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