Thread by @TimInHonolulu

Link to Memorandum Opinion and Order denying Trump injunction in the Presidential records case. Trump v. Bennie G. Thompson. @MaddowBlog timinhonolulu.com/2021/11/09/lin…

2. "Defendants acknowledge that executive privilege may extend beyond a President’s tenure in office, but they emphasize that the privilege exists to protect the executive branch, not an individual. Therefore, they argue, the incumbent President—not a former President

3. —is best positioned to evaluate the long-term interests of the executive branch and to balance the benefits of disclosure against any effect on the on the ability of future executive branch advisors to provide full and frank advice. The court agrees." page 13 of 39.

4. Court then applies the Mazars Test advanced by TFG even though it applied to a sitting president.

"Under the first Mazars factor, “the asserted legislative purpose” must warrant “the significant step of involving the President and his papers.” Id. at 2035. “Congress may

5. not rely on the President’s information if other sources could reasonably provide” the information Congress needs in light of its legislative objective." 33 of 39.

6. "Second, under Mazars, the congressional inquiry should be “no broader than reasonably necessary to support Congress’ legislative objective.” Id. This limitation is necessary, the Court explained, to “safeguard against unnecessary intrusion into the

7. operation of the Office of the President.” 34 of 39.

"Third, “courts should be attentive to the nature of the evidence offered by Congress to establish that a subpoena advances a valid legislative purpose.” Mazars, 140 S. Ct. at 2036. '[U]nless Congress adequately identifies

8. its aims and explains why the President’s information will advance its consideration of possible legislation' . . . 'it is impossible to conclude that a “it is impossible to conclude that a subpoena is designed to advance a valid legislative purpose.'” 34-5 of 39

9. "Fourth, courts should 'assess the burdens imposed on the President by [the] subpoena' because '[the burdens] stem from a rival political branch that has an ongoing relationship with the President and incentives to use subpoenas for institutional advantage.'”

10. "For reasons explained above, the court will deny Plaintiff’s request to enjoin Defendants from enforcing or complying with the Select Committee’s August 25, 2021, requests because Plaintiff is unlikely to succeed on the merits of his claims or suffer irreparable harm, and

11. because a balance of the equities and public interest bear against granting his requested relief." 39 of 39.

12. TFG filed a notice of appeal but not motion to stay. They have to demonstrate to the court of appeals why they didn't seek one before asking them to stay it. So I'm guessing they will go direct to the Court of appeals and perhaps to SCOTUS.

13. His lawyers have evidenced a distain for court rules.