Meanwhile, Back In Florida…er, Brooklyn..er…

He notes they are "ready" and usually certain info is common to be included in a privilege log, and he is at a loss for why Trump's team has not done so

— Sarah N. Lynch (@SarahNLynch) October 18, 2022

Doesn't sound good, does it?

"I have no patience for either one of you," Dearie tells both parties concerning a letter that was unsigned, and therefore was not clear if it was actually sent to DOJ or not. He says he has no time for "nonsense."

— Sarah N. Lynch (@SarahNLynch) October 18, 2022

Sounds even worse! Or is it muddled reporting that results in "both siderism"?

On Trump v. US conference call, Jim Trusty is claiming 10 extra days to review the files.

Julie Edelstein going over Cannon's order.

They should have to 11/2.

— emptywheel (@emptywheel) October 18, 2022

Just to provide context.

Dearie: No longer going to take rolling submissions, which means that on 11/2, I will get a log of all asserted privileges that are unsettled and opposed. That is of course a bit of a concern, not knowing whether I'll get 10, or 10,000.

— emptywheel (@emptywheel) October 18, 2022

Now you see where Dearie is coming from.

Dearie: I'm going to need at a minimum list of lawyers that repped him in personal capacity and when representation took place. Work product, anticipation created, and instances where 3rd party involved, why 3rd party does not defeat privilege.

— emptywheel (@emptywheel) October 18, 2022

Still all aimed at Trump.

Here's the doc we're discussing. https://t.co/bvQCqe5BGG pic.twitter.com/fIXBUEFQZI

— emptywheel (@emptywheel) October 18, 2022

"#5 in the log" is the immediate contentious issue. This is where Dearie "blames both sides."

Trusty: The version we're sitting on is an unsigned doc. We're in position of not knowing whether the exact version is what govt got.

Dearie: I have no patience for either one of you on this point. If it's in DOJ either produce it or make a representation it's in DOJ possession

— emptywheel (@emptywheel) October 18, 2022

Hawk (DOJ) puts the burden on Trump, Trump puts the burden on DOJ, Dearie says: A plague on both your houses! Which is a fair point, even though it's only about 1 letter. The burden here is on Trump. Dearie wants the parties to work this one out between them (the only issue is: was the letter sent, or not? That would determine the privilege claim.), Dearie isn't being at all unreasonable.

"It's a little perplexing as I go through the log," he says. At one point he asks "Where's the beef?"

— Sarah N. Lynch (@SarahNLynch) October 18, 2022

That's addressed to Trump, not DOJ. The log is a privilege log that Trump (as mentioned before) should have produced, since he's the party asserting privilege. The log would be the list of documents he says are privileged.

Dearie seems to be losing patience with how this process is proceeding thus far. He says he will "really look forward" to some indications for what he can expect come the Nov 12 deadline. Meanwhile, final briefings in the appeals case that could upend this are due 11/17.

— Sarah N. Lynch (@SarahNLynch) October 18, 2022

Dearie is mostly pissed with the fact Trump hasn't really done anything. Which, of course, is Trump's strategy: he just wants to stay in court and ball up the situation. This is, by the way, a status call, not a hearing. Dearie just wants to know what the f*ck is going on. He doesn't like the answers he's getting.

Dearie: If I need more staffing I want to be ready.

— emptywheel (@emptywheel) October 18, 2022

His order to make a joint submission of the disputed documents (the problem he's trying to sort out) by November 12 stands. The 11th Circuit expects final briefs on the DOJ appeal by November 17. The 11th Circuit could take this out of Dearie's hands, and Cannon's, before year's end. The smart money says they will.