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A story about a pathetic man's downfall


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I will note regarding classification and Trump’s filing: saying something is disputed is quite different than actually disputing the fact. Trump has never made the express argument in court filings that the documents in question are not classified and he also has not submitted a statement under the penalty of perjury making that assertion.  This filing seems to be a strategy of trying to muddy the waters and praying for a favorable result

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16 hours ago, Ghost of LL said:

George Conway is running around Twitter tonight intimating that Trump is going to be indicted tomorrow in ND Virginia.  And, for some reason, Trump did fly to Dulles tonight.

 

16 hours ago, Neonmoon said:

I’m dumb 

Why would Trump go to Dulles? Does someone need to be physically present to be indicted?

 

 

16 hours ago, Ghost of LL said:

To turn yourself in and be arraigned.

 

16 hours ago, YGIFS said:

Yeah, no.  Biggest 12 september letdown for actual patriots since...you know.  

 

16 hours ago, tx 3 putt said:

 

 

 

15 hours ago, Irwin F Fletcher said:

Video of Trump deplaning.

 

 

15 hours ago, atomheartbevo said:

Really odd, you’d think he’d want to avoid DC as much as possible, and the speculation is fun, because golf shoes and an I’ll-fitting jacket are normal clothes for him.

 

 

 

14 hours ago, tx 3 putt said:

200.gif

 

14 hours ago, The Dog said:

Why is he flying on a Citation? 

Doesn't he have his own aircraft?

(ok after a quick google his company owns a Citation X like in the video)

 

13 hours ago, atomheartbevo said:

It's weird, because this is a guy who thinks a safe means that law enforcement can't open it, and he thinks D.C. is 100% federal, and so he probably thinks that if the feds were after him, they couldn't touch him if he landed at a regional/city airport that's not controlled by the feds, because he'd be safe.

His Truth Social account had what looked to be the intern running it today.

 

4 hours ago, Pig Bellmont said:

Yes

Nothing to see here.

 

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Catching up on this thread from the weekend and damn, I think some of y’all forgot who you’re discussing.  Lol at the thought of Trump turning himself in to be arrested.  No way that ever would have happened.  He’d sooner flee the country than allow himself to be arrested and, under no circumstances, would he be quiet about it.  He’d even bluster on about fleeing the country.  
 

Now, could I see him being busted at passport control with a David Dennison passport that Barron printed for him? Absolutely, yes.  But voluntary surrender to LEOs? Cmon…..

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3 hours ago, Neonmoon said:

They literally argue the President can declassify anything so it's all gravy. Magic wand of declassification 

 

image.png.d7ee44db80cd928b5d0ece210d970699.png

Problem with that whole argument is that 793 does not require the documents to be classified.

They do, however, have to be "national defense information."  I suppose not all classified information is defense information.

Very disingenuous.

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I'm sorry, @TwiceHorn. I'm sure you're sick as shit of us non-legal people moaning and bitching about the process for this stuff

 

But why are they just allowed to flood the legal system with their bullshit without penalties? Why do they get to get away with such obviously disingenuous bullshit time and time again (or at least it certainly feels like it!)

Is it really just because the system was made assuming that everyone would be a good faith actor?

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6 minutes ago, YGIFS said:

Has a sitting federal judge ever been disbarred in the state where their original/working license is held?  

Not sure if Alcee Hastings was ever disbarred but he'd come the closest that I'm aware of.

2 minutes ago, trauma babe said:

I'm sorry, @TwiceHorn. I'm sure you're sick as shit of us non-legal people moaning and bitching about the process for this stuff

 

But why are they just allowed to flood the legal system with their bullshit without penalties? Why do they get to get away with such obviously disingenuous bullshit time and time again (or at least it certainly feels like it!)

Is it really just because the system was made assuming that everyone would be a good faith actor?

 

Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
(a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name—or by a party personally if the party is unrepresented. The paper must state the signer's address, e-mail address, and telephone number. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney's or party's attention.

(b) Representations to the Court. By presenting to the court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

(c) Sanctions.

(1) In General. If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.

(2) Motion for Sanctions. A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. If warranted, the court may award to the prevailing party the reasonable expenses, including attorney's fees, incurred for the motion.

(3) On the Court's Initiative. On its own, the court may order an attorney, law firm, or party to show cause why conduct specifically described in the order has not violated Rule 11(b).

(4) Nature of a Sanction. A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include nonmonetary directives; an order to pay a penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney's fees and other expenses directly resulting from the violation.

(5) Limitations on Monetary Sanctions. The court must not impose a monetary sanction:

(A) against a represented party for violating Rule 11(b)(2); or

(B) on its own, unless it issued the show-cause order under Rule 11(c)(3) before voluntary dismissal or settlement of the claims made by or against the party that is, or whose attorneys are, to be sanctioned.

(6) Requirements for an Order. An order imposing a sanction must describe the sanctioned conduct and explain the basis for the sanction.

(d) Inapplicability to Discovery. This rule does not apply to disclosures and discovery requests, responses, objections, and motions under Rules 26 through 37.

Edited by DDD Dad
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7 minutes ago, trauma babe said:

I'm sorry, @TwiceHorn. I'm sure you're sick as shit of us non-legal people moaning and bitching about the process for this stuff

 

But why are they just allowed to flood the legal system with their bullshit without penalties? Why do they get to get away with such obviously disingenuous bullshit time and time again (or at least it certainly feels like it!)

Is it really just because the system was made assuming that everyone would be a good faith actor?

 

Well, lets start from an initial premise.

Our system is adversarial.  One set of lawyers on one side, one set on the other.

You, and I, and all of us loathe one side and want the other to prevail.  The very nature of the system is that we're going to find whatever the loathed side files and argues to be rank bullshit.

Add in the fact that there's little excuse for the actions of the loathed side, the lawyers are going to make thin and disingenuous arguments.

That's a general case.

If the lawyers for the loathed side are bad, insane, or otherwise compromised, e.g. Peter Ticktin, Lindsey Halligan, Alina Habba, Sidney Powell, Lin Wood, they're going to toe/cross the line between thin, weak, and disingenuous shit and actually verifiably false and sanctionable shit, see Rule 11, above, posted by DDDad.

Add in that the loathed side is the loathsome Donald Trump and it's that much worse. both because of how much we hate him and how thin are his defenses.

Edited by TwiceHorn
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4 minutes ago, Biff Tannen said:

Shocking.  Lawyers, what is stopping them from objecting to every single special master candidate for eternity?  What is to stop them from dragging this out forever?  Serious question.

My understanding of Cannon’s Special Master order was to request both sides to agree, but if they can’t, then submit their own candidates. They didn’t agree, so it should be up to Cannon to pick. There’s no additional round for submissions- but Trump’s team wants to now argue why the DOJ’s picks shouldn’t be chosen. However, they want to argue orally and in secret. I guess Trump is telling them they have to do it and they’re too embarrassed to put it in writing or say anything publicly 
 

Judge Cannon also has to deal with the DOJ’s recent request to lift her stay as to classified materials. One way or another, that issue will be appealed to the 11th Circuit probably before the end of the week

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24 minutes ago, Biff Tannen said:

Shocking.  Lawyers, what is stopping them from objecting to every single special master candidate for eternity?  What is to stop them from dragging this out forever?  Serious question.

It's expected that they'll object, just like the government will object to his proposed masters.  The judge has to decide.  That's pretty much normal.  It's a bit more normal for civilized parties to agree on one, but this isn't beyond the pale.

I don't believe the government put up candidates with the requisite security clearance, so if they lose that battle in the district court, I suppose their candidates are disqualified.  But Trump put up only one candidate with the requisite clearance, who is not obviously MAGA, but surely is in some stealthy way.

Ironically, if the Huck dude were to be appointed, one Trumpy 11th Circuit judge would HAVE to recuse, because it's his wife.

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1 minute ago, Neonmoon said:

So obviously Cannon will rule for Trump

Won't appeal go to Trumpy 11th circuit? Then Trumpy Supreme Court?

The Trumpy Supreme Court has already ruled against him in many of these things, most notably and recently Trump v. Thompson.

I am a little nervous about the 11th Circuit, but it's 6 of 11 active judges Trump, 4 Obama, 1 Shrub.  Then there are 9 Senior Status.  I'm a bit more concerned with their lack of familiarity with executive privilege.

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1 minute ago, TwiceHorn said:

The Trumpy Supreme Court has already ruled against him in many of these things, most notably and recently Trump v. Thompson.

I am a little nervous about the 11th Circuit, but it's 6 of 11 active judges Trump, 4 Obama, 1 Shrub.  Then there are 9 Senior Status.  I'm a bit more concerned with their lack of familiarity with executive privilege.

Are you anticipating an en banc decision?  Or luck of the draw on a panel of 3?

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4 minutes ago, Neonmoon said:

So obviously Cannon will rule for Trump

Won't appeal go to Trumpy 11th circuit? Then Trumpy Supreme Court?

 

Yep. And this motherfucker will go on and on that he has the best lawyers ever, it was a witch hunt, look how bad they treated me, etc., because he always walks.

Look, I'm to the point that nothing will come of it.  Nothing at all.  Because no matter what statutes exist, what the man has done, whatever...just obfuscation until you get a President DeSantis who appoints a new AG who just shuts it all down (or Trump gets back into office and pardons himself).  

 

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5 minutes ago, DDD Dad said:

Are you anticipating an en banc decision?  Or luck of the draw on a panel of 3?

Dunno.  At least as far as an initial draw, it's not a slam-dunk that it's a Trumpy panel.

The other executive privilege/immunity decisions from the DC and Second Circuits I think have bypassed en banc decisions because they're issues mostly of first impression that go up on certiorari.

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34 minutes ago, Biff Tannen said:

Shocking.  Lawyers, what is stopping them from objecting to every single special master candidate for eternity?  What is to stop them from dragging this out forever?  Serious question.

Judges tend to be pussies, especially when they are dealing with powerful people OR really good lawyers.  They've got brass balls when they are fucking with the indigent. 

They don't want to be overruled or chastised when they make ballsy ruling, and hence, not enough ballsy rulings are made, unless those rulings go against people without the know how or $$$ to keep fighting.

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Well look, Trump declassified a bunch of those documents and forgot to tell anyone he did.  And he can’t remember off the top of his head which ones he declassified. So obviously, the best Special Master is Donald J. Trump. He can take a look and let us know what is his private stuff and what he declassified and we can clear all this up. 

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8 hours ago, TwiceHorn said:

I agree that the weakest part of the order is the analysis of the temporary injunction factors.  And that's probably the most fertile ground for reversal.

However, and I thought the government's standing argument was great at first, the law seems to be that it's more the PREMISES than the seized property, and he probably had enough proprietary interest in the personal and attorney-client privileged things to give him standing.  But, no one really knows because no one except the government has looked at the documents to know what's there.**  Which is where this gets weird, because the judge was in the dark about what the documents really are and contain.  That is highly, highly unusual.

And, in the final analysis, when she asked the government what the harm was in granting a temporary injunction, all they could say was "delay."  Now, delay in certain circumstances can be compelling, like the national security review.  And the government apparently conceded that permitting the ODNI review to go forward would largely alleviate that problem (wrongly in light of the stay filing), they weren't arguing from a position of strength.

If you've ever argued a temporary injunction and the basic irreparable harm (or lack of) you argue is "delay," you're gonna have a bad day.  Gotta tie it to something else.

Also, I'm not sure she has a real strong grip on executive privilege, but I'm not sure many do.  I think most of us are right in our analysis that it can't properly apply here, but that really is an extension of the two, and now three with Trump v. Thompson, major precedents.  I think it's a fairly easy stretch, but I am actually biased and have been eyeballing this shit for 30 years.  I can pretty easily see a lot of trial judges not wanting to make that interpretation dispositive of the whole thing.

One very broad way of looking at the judges order is "Let's slow down a minute, take a deep breath, and make sure we get this right."  The delay is annoying, and one of Trump's central tactics, but I don't see it as creating much advantage here.  And, I really am in favor of the "make sure we get this right" part.

**This is fairly astonishing in that, at least with respect to the 15 boxes and subpoena response, Trump's shitty lawyers should have prepared a detailed catalog of what they handed over, voluntarily.  Normally, you would keep a "bates numbered" copy, but that's not the way this works.  Of course, they had no opportunity to do that with the seized stuff, which is a bit the nature of the beast, and a bit the government's fault for leaving detail out of the receipt.

Man, it’s almost like this stuff is all top secret, highly classified, hush hush and all that. 

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23 minutes ago, DDD Dad said:

So he meets out on the golf course to avoid surveillance?

eventually the FBI plane ran outta gas and had to land on the fairway.  It was a total fucking nightmare.  I got the fucking gaming commission watching the whole thing from my living room and Nicky out there trying to hit the agents with golf balls.  It's funny because Trump bankrupted the same casino license...twice.  Never been done before in U.S. history.  In the end, maybe he gets to watch Don, Jr. and Jared end up in a cornfield.  

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1 hour ago, trauma babe said:

I'm sorry, @TwiceHorn. I'm sure you're sick as shit of us non-legal people moaning and bitching about the process for this stuff

 

But why are they just allowed to flood the legal system with their bullshit without penalties? Why do they get to get away with such obviously disingenuous bullshit time and time again (or at least it certainly feels like it!)

Is it really just because the system was made assuming that everyone would be a good faith actor?

 

It's because the system was made to protect the rich and privileged. Not for justice. 

The privileged class has a million ways to obfuscate the process while the non rich get railroaded whether guilty or innocent. 

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37 minutes ago, Chewbacca said:

So why does Trump get to choose the venue here?  The search warrant, as I understand it, originated in DC.  And there is another federal district closer to MAL than the one he chose when he sought out this judge.  Why does his fuckery always fucking get rewarded?

The search warrant was also issued from the SD Fla.  As far as I can tell, though, a search warrant is a "magistrate only" proceeding that doesn't have the general jurisdiction to entertain things like this, which is in the nature of a civil suit seeking an injunction.

So, I think venue is proper in SD Fla.  That's the DISTRICT.

Within a district there are also DIVISIONS.  Divisions are almost legally insignificant, compared to Districts, as proper venue and jurisdiction are determined by state and district, but not division, generally.

Cannon apparently, is the only judge in the Fort Pierce division, so that might be one way to game the judge assignment (which is what he tried to do with the Clinton lolsuit, but failed because another SD Fla judge was assigned).  But Trump appears to have filed in the Palm Beach division, where MAL is located, and got Cannon at random.

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21 minutes ago, 956 Worldwide said:

Man, it’s almost like this stuff is all top secret, highly classified, hush hush and all that. 

Of course.  But without the judge being able to examine the documents, at least in camera (out of public view), she's stuck with taking the parties' word for what they are/contain.  It's a highly unusual situation.

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1 hour ago, The Original Greaser Bob said:

Judges tend to be pussies, especially when they are dealing with powerful people OR really good lawyers.  They've got brass balls when they are fucking with the indigent. 

They don't want to be overruled or chastised when they make ballsy ruling, and hence, not enough ballsy rulings are made, unless those rulings go against people without the know how or $$$ to keep fighting.

Yeah, new judges in particular.  At some point, or maybe it's their personalities, though, they seem to not give much of a fuck about anyone or anything in particular, or about being reversed on appeal other than it may create additional work.

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2 minutes ago, Irwin F Fletcher said:
55 minutes ago, MC Fresh Breath said:
 
 
I shouldn't propagate nothinberders.  But its kind of fun for a Monday.
 

That is a solemn looking group. Are they picking out burial plots on this golf course?

TheBobs, "We'd like to get as many as...three people...buried right underneath you."  

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  • Bozo_Casanova changed the title to Poll: President Trump's Major Announcement


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