Just in: Trump has now asked the DC Circuit for a temporary "administrative" injunction to stop the Archives from turning over his White House records to the Jan. 6 committee (set to happen tomorrow) while he pursues a full appeal s3.documentcloud.org/documents/2110…
According to this filing, the Jan. 6 committee and the National Archives aren't taking a position on Trump's request for a temporary administrative injunction. The parties are jointly asking the circuit to set a more expedited briefing schedule on the main appeal
Clarification: The expedited schedule they've jointly proposed is for Trump to more formally argue for an injunction pending his appeal of the order denying a prelim. injunction by the district court judge — same core issue, different procedural posture
What's going on here? A few things. Not taking a position on an issue is different from agreeing with it, at least in legal jargon land. But the Jan. 6 committee is signaling that it's willing to save the fight for a fuller airing on the injunction issue in the DC Circuit
Trump has asked for a placeholder "administrative" injunction until he formally asks the DC Circuit for an injunction blocking production of the docs while he pursues the appeal. The expedited schedule that the committee did agree to would push things back by less than a week
I'm seeing a lot of people asking why the committee wouldn't fight the administrative injunction request in the meantime. @bradheath, as always, puts things well
@bradheath Now: The DC Circuit will temporarily block the Jan. 6 committee from getting Trump's records in advance of tomorrow's due date. This is an "administrative" injunction and not a decision on the merits. Arguments set for 11/30 before Judges Millett, Wilkins, Jackson. More to come.
@bradheath New: A federal appeals court will temporarily block the Jan. 6 committee from getting Trump's records, but it could be a short-lived reprieve — arguments are set for Nov. 30, and the three-judge panel assigned to the case is not a great draw for him buzzfeednews.com/article/zoetil…
DC Circuit panel handling the Trump records case features two Obama nominees (Millett/Wilkins) and Biden nominee Jackson. Millett, notably, was on the panel that handed Trump a loss in the Mazars subpoena case (although SCOTUS later kicked that back down) buzzfeednews.com/article/zoetil…
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Interesting hearing this evening in Missouri’s lawsuit seeking to block DOJ from sending two election observers to monitor a St. Louis polling site on Election Day. No ruling from the bench (recap below)
Complaint: assets.bwbx.io/documents/user…
DOJ oppo: assets.bwbx.io/documents/user…
Missouri argues state law spells out who can enter a polling place to observe and DOJ monitors aren’t covered. DOJ says there’s a 2021 settlement with the St. Louis board of elections for ADA violations re: disability access that allows this
But Missouri AG says it appeared it was news to state officials that this agreement was in effect, and more broadly, that the board lacked authority to enter into the monitoring term in the first place. Which raises some Qs for the judge...
Hello on this stunning September morning from the DC federal courthouse, where Judge Tanya Chutkan is holding the first hearing in the Trump case since SCOTUS kicked it back to her. Trump won't be here. Waiting to see what kind of schedule Chutkan will set for the next round of fights over the future of the indictment bloomberg.com/news/articles/…
Trump's lawyers all just entered the courtroom, and also thrilled to report that courthouse security dog Legend is here and continues to be a Very Good Dog (no pics allowed I'm afraid)
Hello from the DC federal courthouse, where Rudy Giuliani is waiting to get through security as jury selection is set to begin this a.m. to determine how much in damages he'll owe two Georgia election workers who sued him for defamation. Stay tuned.
And jury selection is just getting underway in Rudy Giuliani's damages trial -- Judge Beryl Howell, who was not amused that Giuliani was not in the courtroom at 9am when they were supposed to begin, is presiding
After a few hiccups related to the list of prospective jurors, *now* voir dire is officially underway in the defamation damages trial against Rudy Giuliani
BREAKING: A Colorado judge has ruled that Donald Trump can appear on 2024 ballots - she found that he *did* engage in insurrection by inciting the Jan. 6 attack, *but* that the Constitutional prohibition does not apply to the presidency. More to come. assets.bwbx.io/documents/user…
NEW: A Colorado judge found Donald Trump engaged in insurrection by inciting the Jan. 6 attack.
But she held the Constitution's insurrectionist ban didn't apply to a president/the presidency, meaning he'll appear on 2024 ballots.
Lawyers for the Colorado voters who brought the insurrection disqualification case against Trump say they'll appeal to the Colorado Supreme Court. Whoever loses there can petition SCOTUS to intervene bloomberg.com/news/articles/…
Today at 10am: Prosecutors will make their case before a DC federal judge for a partial gag order restricting what Donald Trump can say about the election obstruction case against him.
On how as long as Donald Trump is facing criminal charges and civil claims in court, what he says and does in the outside world can have consequences in a courtroom: bloomberg.com/news/articles/…
Chutkan begins by swiftly resolving an issue raised by the govt over how to handle a future defense survey of the potential jury pool in DC. Judge is okay with defense agreement to give advance notice, timing, sample size, doesn't see need to micromanage further at this point
Justice Clarence Thomas's 2022 financial disclosure is in, noting three trips w/ expenses paid for by Harlan Crow:
Thomas notes 2014 sale of properties to Crow (1st reported by ProPublica), saying he "inadvertently" didn't realize that should be reported assets.bwbx.io/documents/user…
Justice Samuel Alito's 2022 disclosure is also out now:
No travel reported paid for by individuals, no note re: ProPublica reporting on earlier luxury trip reimbursed by GOP donor Paul Singer (Alito has publicly defended this/denounced the reporting)assets.bwbx.io/documents/user…
Justice Clarence Thomas:
- reported three 2022 trips w/ expenses paid for by Harlan Crow
- said he "inadvertently" didn't realize he had to report 2014 property sales to Crow
- defended not reporting earlier "personal hospitality," private plane trips bloomberg.com/news/articles/…