akivamcohen.bsky.social Profile picture

Sep 29, 2022, 14 tweets

Hey, #LitigationDisasterTourists Judge Loose Cannon is at it again, apparently completely unchastened by the shellacking she received from the 8th circuit and once again handing Trump everything he asks for.

storage.courtlistener.com/recap/gov.usco…

Issue Number 1:

Cannon's order appointing Judge Dearie directed him to verify that the government's "Detailed Property Inventory" was full and accurate.

So Dearie directed the parties to do that. BOTH parties.

Not just the government, but also Trump had to make clear whether he was contending the inventory contained any items that weren't seized from the property ("say under oath that they were planted, motherfucker, I dare you"); or omitted anything, or misdescribed anything.

#LooseCannon did not like that. Asking Trump to take positions under oath? No way.

Look, I can understand saying "he gets to revise objections if, after reviewing the documents, he realizes there's another objection to be made"

But "he doesn't have to take positions on this at all"? How is Dearie supposed to evaluate a privilege claim on a maybe-fake document?

"This is a document that the FBI may or may not have planted but which is also an executive privileged document that the FBI can't review"

Also ...

Judge Dearie's tight timelines?

Hahaha, no. This thing is extended to mid-December.

Rolling designations, so that Trump would identify a batch of documents and the government could respond? Nope. The government gets 11K designations dropped on it at once ...

And then has 10 calendar days to identify, negotiate, and brief to the special master any disputes.

There is literally NO reason to do that *except* to burden the government and artificially advantage Trump. Her "avoid confusion" reasoning is a bad joke

Litigators know how to work rolling productions and deadlines. There wouldn't be any confusion. You work for a week, then send what you've got done at the end of the week. Easy. Not confusing at all.

But that wouldn't put the government at a disadvantage, so out it goes

Last, she REALLY didn't like Dearie suggesting that the 41g motion should go to the magistrate that issued the warrant.

Look, all of this is a sideshow; the docs that really impact the potential criminal charges are the classified documents she tried to stop the criminal investigators from reviewing, and got reversed on. But it's ridiculous

Ugh. 11th

Also - 11th Circuit. Ugh, no idea why the brain fart

Share this Scrolly Tale with your friends.

A Scrolly Tale is a new way to read Twitter threads with a more visually immersive experience.
Discover more beautiful Scrolly Tales like this.

Keep scrolling