Justice Department Files Response to TFGs Opposition to Government's Motion for Partial Stay

[LetMyPeopleVote]

I love good legal writing. This response was well done and made me smile. The DOJ destroyed the rather feeble attempts at arguments made by TFG's attorneys.

Link to tweet

https://www.lawfareblog.com/justice-department-files-response-trumps-opposition-governments-motion-partial-stay-cannon-ruling

On Sept. 13, the Justice Department filed a reply in the ongoing litigation over the government's motion for partial stay of U.S District Judge Aileen Cannon's Sept. 5 order, which had granted former President Trump’s request for a special master and had further enjoined the government from reviewing and using materials seized from Trump's Mar-a-Lago residence for "investigative purposes." In its motion, the government had requested that Cannon stay her order only as it relates to seized documents that are marked as classified. (Trump filed his response to the government's motion only yesterday.)

In its reply, the Justice Department argued that Trump cannot plausibly establish a property interest in the classified documents, as would be necessary for the court to exercise equitable jurisdiction. It further argued that Trump cannot plausibly assert either attorney-client or executive privilege over the classified documents. Finally, it argued that without a stay, the government and the public would suffer irreparable harm, whereas Trump had failed to prove that he would suffer any cognizable harm at all.

There is a link to the opinion on this tweet

Link to tweet

[Takket]

1. But according to Cannon his REPUTATION

is the most important thing!!!

[2naSalit]

6. +1

[mzmolly]

13. Reputation?

Where to begin ...

[NoMoreRepugs]

2. Cannon is in so far over her head she's permanently in the dark even during the day.

[grumpyduck]

3. It almost looks like DOJ is

playing games with the not-quite-honorable Judge Cannon.

[Phoenix61]

4. They are playing law and it seems they are much better

at it than any of Trump’s hacks for hire.

[dalton99a]

5. That POS cultist Aileen will not disappoint

[LetMyPeopleVote]

7. Judges do not want to be reversed on appeal

Cannon has seen the crappy briefs filed by TFg's attorneys and she may not trust TFG's attorneys to be able to defend her crappy opinion on appeal.

[Hugin]

11. Why would she care if they lose on appeal?

It’s not like they’re making fewer judges-for-life these days.

[LetMyPeopleVote]

8. This is a very well done brief

"Plaintiff offers no response to the government’s multiple arguments demonstrating that he cannot plausibly assert executive privilege ..

Link to tweet

Link to tweet

[Nevilledog]

17. Pleasure to read it.

[Hermit-The-Prog]

9. The loose Cannon should resign. She has no clue.

[scipan]

10. Terri Kanefield's explainer (some of the same points):

https://threadreaderapp.com/thread/1569897360993714182.html

[Mr. Ected]

12. In our universe, this is the slam dunk of all slam dunks

Because we are aware of Trump's actual court pleadings versus what he says in public.

In the right wing universe, they only hear what he says in public, while the contents - or rather the omissions - from his court filings get no airplay. Hence the maga crowd continues to be "outraged" with his "unfair" treatment.

They don't know what they don't know.

This is what makes right wing media so dangerous. Not only do they distort the truth, they only give their audience half the story.

[EndlessWire]

14. One thing I liked

in the Government's Notice of Intent to Appeal (or whatever it was called) was when the Gov told Cannon that if she didn't call back her order, they would file an appeal. I liked them telling her what to do and setting a deadline on her. She has given tRump's team plenty of advice and "what ifs" and seems to be intent on helping them.

She could have transferred this mess to DC, or just dismissed it because it's the wrong venue, but instead she's thinking up exceptions to hang her hat on.

[onenote]

16. On the claim she could have transferred this to DC. Why didn't DOJ ask her to do so?

Maybe because they understand (and effectively took the position) that the venue section in the PRA has no application here. It applies with respect to an "action initiated by the former President asserting that a determination made by the Archivist violates the former President’s rights or privileges." But the archives haven't made any determination with respect to these documents. In fact, DOJ has asserted to the court that the archives are not in possession of these documents.

[LetMyPeopleVote]

18. I think that the DOJ is saving this argument

If the DOJ get the partial lift of stay, then there is no need at this time to move the case to the DC circuit

[onenote]

19. You can't "save" a venue argument.

If venue isn't raised at the outset of a case, it is waived.

Moreover, if they wanted to raise it later, why would they have argued that documents aren't in NARA's possession?

[LetMyPeopleVote]

21. This is not a venue argument but a jurisdiction argument

The DC Circuit has exclusive jurisdiction on cases involving the Presidential Records Act. Arguably, Cannon has not relied on or dealt with the PRA yet and Cannon noted in a footnote in Sept. 5 ruling that the DC Circuit has exclusive jurisdiction over PRA issues. TFG's last filing discussed the PRA and so if TFG wants to litigate the provisions of the PRA as to private papers, the DOJ will move this case out of South Florida.

You cannot wave exclusive jurisdiction issues and so I am not worried about waiver

If or when the DOJ prosecutes TFG, I suspect that the case will be brought in the DC circuit.

[EndlessWire]

22. Yeah, I used the wrong term.

I don't think it's waived, even if you can't waive it. This isn't the first time they have mentioned it.

When she first started on this case, I was of the mind that just because tRump got her there, it didn't mean that she would necessarily just rule for him. But, she seems so vague, tentative and definitely signaling what she wants to hear from Plaintiff, that I have given up. If she can't figure it out on her own, despite the clear, concise rule of law, then she should either consult heavily or transfer the mess to someone who knows what to do. I recommend white board and dry erase markers for her.

I thought that Donald's point of view was that the entire trove belonged to him and him alone; it sure is confusing when you imagine that someone could "own" nuclear secrets and the networks of informants we have, etc. Clearly, there are probably personal papers that can be eventually be returned. The Gov. isn't concerned with that---they are concerned with classified docs, missing classified docs, and crimes committed. But, if Donald wants to claim they're all his, they can transfer to DC away from this idiot Judge. It does appear like this could be useful to the Gov, though---it's like a game of chess that the Gov. is winning so far.

[LetMyPeopleVote]

15. I love this footnote discussing the Clinton Sock Drawer case

Link to tweet

[BlueIdaho]

20. Given Cannon's crap job in this court could she be moved

to another court - say traffic court?

[LetMyPeopleVote]

23. DOJ exposes Trump's declassification BS

Link to tweet

[LetMyPeopleVote]

24. Judge Cannon denies the DOJ motion for Partial Stay-Here we go to the 11th circuit

Link to tweet