What does that mean exactly, “respond”? Like, make an argument as to why the court should not grant the DOJ’s request?
FBI Search and Seizure at Trump's Mar-A-Lago Residence, August 8, 2022, Case Dismissed July 15, 2024
Good question. A “response” could be “Fuck you.”
If this is a normal federal court, then a “response” would be a pleading formally filed with the court.
You’ve got it right. The DOJ filed a motion to stay a portion of Judge Cannon’s order, the part having to do with the classified materials. The Eleventh Circuit has given Trump’s lawyers a (very short) deadline to respond with their arguments about why the DOJ shouldn’t be granted the stay.
I’m glad this news finally hit the MSM. I guess they’re a little gun shy after the phony docket entry last week.
I am not a lawyer, not even a make-believe one. But I think the answer is, “Yes, if the Trump lawyers have any reason as to why this stay should not be granted, speak now or forever hold you peace.”
The questions I have are more like:
- Is it unusual for a circuit court to issue instructions like this late on a Saturday night on a motion they have had for less than one day?
- Is unusual for a circuit court to only offer a day and a half to submit a response?
- Is this short timeline affected by the scheduled meeting with the SM and lawyers for 2PM on Tuesday
I was hoping to see some opinions from “legal experts” for the media today. I’d like to believe that if the 11th Circuit was just going to rubber stamp Cannon’s orders, they would have waited until Monday to say anything. They apparently worked all day on a Saturday to give this “Public Communication,” which suggests to me that they are likely to grant the stay. But, like I said, I am no lawyer.
OK, I’ve heard the above tweeted information about the noon Tuesday deadline reported on both CBS and MSNBC.
I wonder if they held back until after the Queen’s funeral. Seemed like headline-level news when I first saw it here.
I thought so, too, and was wondering why there was no reporting. Next time, news organizations, go ahead and squeeze into the broadcast. Even if you have to leave out a silly cat video.
I wonder if news outlets just don’t have the analysts available on weekends to make this kind of item coherent to the general public. Anybody following this thread doesn’t need it spoon fed to them; but most people do.
Well, as one who has followed this whole thread, I have to admit that I’ve somehow lost track myself amidst all those (il)legal shenanigans and intricacies of the American juridical system in this case. But that’s often the case for me in threads concerning US politics, especially with Trump. I’m sure I’m not alone.
Wouldn’t that be a corgi video, in this case?
I don’t think the deadline for the Trump team to respond to DOJ’s request for a stay is that big of a deal. It’s standard when one side files something to ask the other side for a response.
Even their response will barely be newsworthy. I can tell you what it will say right now.
blah, blah, executive privilege, yada yada personal records, yakity shmackity potentially declassified…
They won’t attack DOJ’s arguments head on because no reasonable argument will be effective. They’ll try a little misdirection, but mostly it will be bloviating. That’s all they’ve done so far and it worked with Judge Cannon, but it probably won’t work the next level up. Some of these Judges, even Trump appointed ones, care about the law and their legacy.
Something mildly newsworthy did happen in the case today. Some former GOP officials from every Republican administration from Reagan to Trump submitted a proposed amicus brief to the appeals court in support of DOJ’s request for stay.
Link: Proposed Amicus Brief to 11th Circuit Appealing Judge Cannon's Special Master Order.pdf | DocDroid
It’s barely newsworthy because the court is not obligated to accept it and it doesn’t really add anything new (“This shit doesn’t belong to Trump and it’s bonkers to even consider that it might.” My paraphrase).
The names on this amicus brief are somewhat notable and include a couple former GOP governors (William Weld and Christine Todd Whitman).
Eh, Northeastern RINOs, just as evil as Democrats.
Here’s Trump’s letter to the Special Master.
So Judge Dearie gave Trump and DOJ a Draft Case Management Plan.
In it he asks the Trump team, “Which, if any, documents is Trump claiming he declassified?” My paraphrase.
In the Trump response linked above they answer, “We’re not telling.” Again, my paraphrase.
I’m not certain what power, if any, Dearie has compel them to answer. I think he has to ask Judge Cannon to do it, and I don’t think she’ll be super helpful.
I do think that a lot of this is the two teams talking past one another. Trump doesn’t know what was taken, but the government wants him to give an itemized list of claims that he wants to make; this was declassified, this is a personal record, that’s attorney-client privileged, that’s not supposed to be viewed by any party for 60 years, etc.
In the absence of a contrary claim by Trump’s lawyer, Dearie can simply exclude any documents DOJ designates as classified. That’s his mission, to decide what is privileged and what is not. He doesn’t need Cannon’s approval.
Good heavens! That letterhead is a bit much. Seriously!
How can he claim anything about the documents when he doesn’t know what was taken?!
Trump’s team: “…we would suggest a status conference
in roughly two weeks…”
Oh, ain’t that the shit!