Thread by @AkivaMCohen

Hey, #LitigationDisasterTourists, we have 🚨🚨🚨🚨🚨developments 🚨🚨🚨🚨🚨 in the Mar-a-Lago litigation.

Requires some background, but let's just say it looks like TFG is going to regret suggesting Judge Dearie as the Special Master

So on 9/16, Judge Dearie issued an order directing the parties to submit a proposed agenda for the 9/20 preliminary conference. The US did that earlier today, & mentioned that Dearie had circulated (to the parties) a draft Case Management Plan storage.courtlistener.com/recap/gov.usco…

Trump's response, though? That says a lot.

1) Trump is *already* objecting to the draft plan

2) His objection appears to be "but your honor, we'd really like to drag our feet!"

Not to suggest that political considerations might impact Trump's preferred schedule, but "end of November" would put any ruling by Judge Dearie out past the end of the mid-terms.

Having everything to Judge Dearie for a ruling by October 7, which apparently is Judge Dearie's preference, would make a pre-mid-term ruling all but guaranteed

Apparently, Judge Dearie has the same question all of us do: why is this litigation not happening in front of the Court that issued the warrant.

Since "I appointed Judge Cannon and I trust her to go my way on things" isn't the best answer, Donny doesn't really like the question

And no, it's not done yet

This ... holy hell there's so much

First, Judge Dearie apparently issued a "shit or get off the pot" order: Trump needs to specifically (and in a form that can be used against him later) identify what he claims he declassified.

Trump's reaction

Second, how the fuck does Trump expect the Special Master to rule on executive privilege claims, or claims that documents belong to him, if he won't specify which "documents containing national defense information that would damage the country if disclosed" he "declassified"?

I fully expect Judge Dearie to ask Trump's folks that exact question, in a not-particularly less pointed manner, at tomorrow's preliminary conference.

You're trying to prevent the *current administration* from reviewing documents *with classification markings* by claiming executive privilege.

SCOTUS has *expressly held* that a former administration can't override a current admin in how to handle currently classified documents

Literally the only conceivable argument you can make on any particular document that would even raise a question for the SM to consider before saying "yeah, the government can review this" is "I declassified"

But you don't want to have to do that *before* he rules?

And, uh, guys, I hate to break it to you, but "actually, I verbally declassified all this stuff as I took it out of the White House" isn't so much a *defense* to any of the crimes he might be charged with as an admission of guilt on ALL of them.

"I declassified everything as I left" means "I knew I was taking information that was classified and didn't make an item-by-item judgment that particular information would no longer harm national security if disclosed"

That's *poison* to any 793 defense

And it also doesn't help defend against a claim to obstruction of a subpoena that called for production of all documents *bearing classification markings* (since the documents bore those markings despite the supposed magical declassification)

And the close.

LOL, no you don't have any interest in moving this expeditiously.

Judge Dearie has overseen enough litigation to know that 3 weeks to review and designate this few documents is more than enough, this isn't fooling him

All in all, Trump got what he asked for - a SM he proposed - and now he's in deep, deep trouble.