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Teri Kanefield

@Teri_Kanefield

Sep 21

11 tweets
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Trump lost. The 11th circuit granted the DOJ's stay for the 100 documents marked classified. (This is not a good day for Trump) Here's the decision: politico.com/f/?id=00000183… Let's read it together 🤓 (If you want to catch up, see this blog post: terikanefield.com/judgecannon/) 1/

I had a different plan for this week’s blog post, but I’ve gotten lots of questions about Trump’s special master litigation. I promise next week’s blog post will be on a different topic. To recap,...

terikanefield.com/judgecannon/

Judge Cannon and the Future of Democracy - Teri Kanefield

The panel emphasizes that this is a narrow decision, but to prevail, the DOJ had to show a likelihood of prevailing on the merits in the full appeal. (screenshot #2) You can tell a lot by how a court recites the facts. They mention the movers !! (screenshot #1) 2/

Classified documents in a moving van = not good. So Trump made off with classified documents in a moving an, finally returned 15 boxes in January, the boxes contained classified documents, and he was informed that Biden declined to assert privilege. 3/

Nope. ⤵️ For Judge Cannon, this is like getting a D in law school. I won't go through all the facts again, but the court notes that after the grand jury subpoena, Trump's lawyer signed an affidavit that a "diligent search was conducted" . . . 4/ twitter.com/rob_gordon1/st…

Rob Gordon

@rob_gordon1

Sep 21View on Twitter

Whelp. That didn’t take long.

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. . . handed over some documents, and said that was it, all responsive documents had been returned. Trump made no claims of privilege at the time. He said, "I don't have anything else." Then the search turned up classified documents. 5/

Fun fact: In each of his court filings in this case, Trump refers to himself as "President Trump." The DOJ called him "the Plaintiff." The court is calling him "the plaintiff." Ouch. The decision then marches throrugh the procedural history. 6/

The court notes that Trump is not following the normal procedures but he is carving out special procedures. (Basically, Trump said "This isn't a rule 41 return of property motion but I want the special master to return my property.") This is not a good sign for Trump. 7/

Haven't I been telling you all that Trump generally loses in court, where facts matter? Here they point out how Cannon did some twists to accommodate Trump (#1) And that her ruling appointing a special master rests on flimsy grounds . . . 8/

. . . for example, "a special master might be perceived to be more impartial than the Privilege Review Team." As to privilege, he "might be able to assert" . . . Flimsy! (Also you can see that the court disagrees.) 9/

Now they're criticizing Cannon's decision not to grant the temporary stay: She appointed the special master because "some" of the seized material may be personal, but never explained how classified documents can be personal. 10/

It did break. I had two #10s. See if this fixes it. (I can read, think, and type at the same time, but I can't read, think, type and COUNT at the same time. twitter.com/Teri_Kanefield…

Teri Kanefield

@Teri_Kanefield

Former appellate defender. Book prizes include the Jane Addams Book Award. My analysis has appeared in The Washington Post, NBC & others. https://t.co/McPMPQercN

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