So, Here's The Weird Thing

As I wrote earlier,

Jim Trusty Tells Hand-Picked Special Master Raymond Dearie to Fuck Offhttps://t.co/Q2lwehCynW

— emptywheel (@emptywheel) October 21, 2022

First, no, this is not a "delay." Here, let me get the timeline from emptywheel:

October 7: Dearie issues order on filter team materials, sets October 10 and October 20 deadlines (in bold)

October 10: Deadline to return originals of Category B documents to Trump

October 11: DOJ Reply to Trump Emergency Motion at SCOTUS

October 12: Deadline to complain to Cannon about Dearie’s October 7 order; Notice of Completion submitted

October 13: DOJ provides materials to Trump

By October 14: DOJ provides notice of completion that Trump has received all seized documents

On or before October 14: DOJ revised deadline to 11th Circuit

October 18: Phone Special Master conference

October 20: Deadline for disputes about Executive Privilege and Presidential Records Act on filtered material

October 24: Date Trump unilaterally declares his deadline to comply with Dearie’s order

November 2 (21 days after notice of completion): Trump provides designations for all materials to DOJ

November 8: Election Day

November 10, 2022: Trump revised deadline to 11th Circuit

November 12 (10 days after notice of complete): Both sides provide disputes to Dearie

November 17, 2022: DOJ revised reply to 11th Circuit

You don't need every bit of that, but you can see the dates for the DOJ appeal.  Basically briefs end on November 17, and after that come arguments.  Not, I know, the breakneck speed of a TV crime show where the entire matter, from crime to punishment, takes only 45 minutes (with 15 padded out for commercials), or 90 minutes if you paid for the theater seat.  But still, it's not inconceivable that by the end of the year this matter is decided and it's taken away from Cannon (the outcome I truly expect).  The point here is:  everything in that timeline NOT involving the appeals court is basically meaningless right now.  Not truly meaningless yet; but I expect it will be within a few months.

So where's the beef in more delays?

The likeliest outcome here is that Cannon once again plays Calvinball with Dearie's orders (emptywheel's metaphor, not mine, for Cannon's second order resetting Dearie's deadlines to suit Trump), at which point Dearie may just say "Fuck it!" and decide to spend the end of the year with his family for the holidays.  He's retired, what does he care?  It's not like Cannon is an appellate judge raining hot rocks of disdain on his head; Cannon is the one receiving those (and likely more to come). 

Dearie has already given Trump 'til close of day TODAY to respond with his position on the disputed documents (some of them, anyway.  Honestly, I'm not keeping track of the details here.).  Will Trusty run to Cannon again saying the SM is being mean to Trump?  Probably.  But these aren't delaying tactics, because the real action is in the 11th Circuit and Trusty is not going to play games with those deadlines.  The 11th Circuit don't care.  The 11th Circuit don't give a shit. 🦡

What Trusty's doing is client service.  Trump wants some screaming and yelling for his money.  Trusty is obliging.  This is basically chickenshit lawyering, but it doesn't hurt Trusty (ethically* or professionally) and it makes his client think he's getting his money's worth.  Dearie doesn't like it, but Trusty doesn't care what Dearie likes.  Cannon, unless she's had a soul transplant recently, will do was Trusty asks if he goes back to her.  This, too, will please Trusty's client.  Trusty really can't lose with this, even if he does provide more record for the DOJ to take to the 11th Circuit.  Trusty's client will never understand that nuance, and will just yell at the 11th Circuit (Trusty, of course, had better have his money in hand) when the time comes.

Really, what's going on in the trial court (Cannon, Dearie) is probably going to be moot soon.  That's what the DOJ is going for on appeal, and there's a high likelihood they get it.  Cannon even taking this case ab initio is indefensible. The interesting point is:  she won't be able to plead her case for why she did it.  Like all appeals, it's a review of the actions of the lower court, but the parties argue whether those actions were right or wrong (I mention this because Trump complained he wasn't a party to the Eastman case where those e-mails and texts were just released.  You don't always have a voice in legal matters that end up concerning you.). If the court finds for the DOJ, anything Dearie has decided, or Cannon has changed the rules on yet again, will be as if it never happened.

So Trusty isn't delaying; he's just engaged in the age-old legal practice of milking the client who insists on seeing some action in court for his money.  Even when that action is a complete waste of money.

Couldn't happen to a more deserving guy.

*by which I mean under the standards of professional ethics.  Your standard of ethics may vary.