This is the reality of it. Durbin is trolling Trump and getting the Republicans on record as opposing attacks on the FBI so that they will look worse when they continue their “The FBI are mean meanyheads!” tirades. It’s entirely performative, but it will achieve what it was intended to.
FBI Search and Seizure at Trump's Mar-A-Lago Residence, August 8, 2022, Case Dismissed July 15, 2024
Some of them have gone a little farther than that, and this was well before the Mar-a-lago search warrant.
After he denied plans for a campaign fundraiser with a white nationalist who supported the Capitol insurrection, Republican US Rep Paul Gosar told supporters in a fundraising email that “the FBI might have had a hand in planning and carrying out” the attack on 6 January.
This is more than the usual dose of crazy.
Which is what DoJ told Cannon initially - right?
As for Cannon and “beyond the pale” - she has already done so with her rulings. If she had picked Huck, I would not have been surprised. Not one little bit.
I don’t think this filing from yesterday was posted. DOJ responded to the Trump team response in the 11th circuit request for stay.
They reiterate the argument they’ve been making all along.
In any event, Plaintiff’s effort to raise questions about classification status is a red herring. As the government has explained (Mot. 15-17), even if Plaintiff could show that he declassified the records at issue, there would still be no justification for restricting the government’s use of evidence at the center of an ongoing criminal investigation.
Probably because the Trump team keeps misrepresenting that argument.
Thanks for that!
Let me add my thanks, also.
According to reporting, a decision by the Eleventh could come down at any time now.
Could they go farther than what the DOJ asks, and just put the kibosh on the whole Special Master thing?
(Fingers crossed, if they could)
They could, but highly unlikely.
It’s highly unlikely that I’ll win the Powerball jackpot next week, too, but I’m still buying a ticket.
I believe they can, yes. (Ha! Ninja’d (not surprisingly) by @Procrustus.)
From reading the DOJ’s appeal, the Eleventh could do a lot of things that would nip this in the bud. They could rule that Cannon’s court was an improper jurisdiction, nullify all her rulings and send it back to the original judge. That would get rid of Cannon, but it wouldn’t solve the problem.
I think the most likely thing they will do based on the expedited briefing schedule – which to me, indicates they appreciate the urgency of this matter – will be to grant DOJ’s stay on the classified materials and allow the special master to continue to review for attorney-client privilege and personal documents that fall outside of the Presidential Records Act. If we’re lucky, they’ll order any further motions to be first submitted to the court of original jurisdiction.
This would be a good way to make Cannon’s order appear reasonable but take care of DOJ’s primary concern, to protect the sanctity of the classified materials and proceed with their criminal investigation.
I hope they’re not so Trump-tainted that they would rule otherwise. Their support of the Unitary Executive theory gives me some reason to believe they will want to preserve this power to a current president and not extend it (for the first time ever in our history) to a former one.
As far as Appellate Courts are concerned, I’m often stricken by how much they CAN do should they wish to, contrasted with how LITTLE they do when they don’t.
Such as when the Supremes have the opportunity to address some significant issue, but the remand back to a lower court to resolve some standing issue or something. Then in another case, they seem to go out of their way to issue a far broader ruling that an particular case requires.
Just saying, the 11th could either take strong decisive action - or not. And I have no info to suggest which is more likely.
I’m probably setting myself up for disappointment. Not for the first time. Just can’t shake that eternal optimism or belief in the fundamental rule of law, naive though it may be.
I think you’re thinking of the Sunshine Protection Act, to put the U.S. onto year-round daylight saving time. It was surprising no one showed up to object to unanimous consent on it, but it’s not like it changed anything - it’s currently stalled waiting for consideration in the House, where it will probably get none, at least in this session.
That’s it! Thank you.
Personally, I was expecting the House to immediately consent to keeping the US on standard time all year. Or would that risk the Senate agreeing to it and thereby getting something done.
Partial stay granted.
Kyle Cheney (Politico) Tweet with screen cap of part of the document…
Adding… three judge panel (Rosenbaum, Grant, Brasher), two of three appointed by Trump.
That’s the best part.
Hah!
My, this is a good day! Thanks for posting!