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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More from @ZoeTillman

12 Nov
Hello again from Judge Colleen Kollar-Kotelly's virtual courtroom, where sentencing is about to begin for Capitol rioter Boyd Camper, who pleaded guilty to the parading misdemeanor. Govt wants 2 mos incarceration, he wants probation.

"We’re going to take this damn place." ImageImageImage
As Camper's sentencing gets underway, worth noting there was another sentencing this a.m. in a parading guilty plea case, for Sean Cordon — Judge Trevor McFadden ordered 2 mos probation + $4K fine, govt had asked for 3 yrs probation + home detention (no fine request) Image
AUSA Jacob Strain is up first, says by now the court is familiar with the "violence and mayhem" of the Capitol riot, what happened that day was "despicable and horrifying and un-American"
Read 25 tweets
12 Nov
Hello from Judge Colleen Kollar-Kotelly's virtual courtroom, where a plea hearing is set for 9:30am in the case of Lonnie Coffman, charged with bringing a cache of firearms + homemade napalm Molotov cocktails to DC on Jan. 6 s3.documentcloud.org/documents/2049…
Here's the dial-in info for Kollar-Kotelly's line if you'd like to listen:
Toll Free Number: 866-390-1828
Access Code: 9159943
Coffman has been in jail since his arrest in Jan. On the public line in advance of the plea hearing, his lawyer asks how he's doing, he replies "Not too well" and starts describing an incident at the jail, but it's muffled. Lawyer moves them to a private breakout room to discuss
Read 39 tweets
10 Nov
Last night, a federal judge rejected Trump's effort to stop the Jan. 6 select committee from getting his White House records from the National Archives. Where do things stand now? (Yes, a thread)
buzzfeednews.com/article/kadiag…
At 3:39am, Trump in the district court renewed his emergency motion for a temporary injunction to try to stop the Nat'l Archives from turning over the docs to the Jan. 6 committee on Friday, which is currently set to happen barring some other court order s3.documentcloud.org/documents/2110…
Trump also immediately appealed to the DC Circuit after Judge Tanya Chutkan handed down her decision last night. That docket is live, and a briefing schedule has been set. There's no request yet from Trump for action by that court before Friday
Read 4 tweets
1 Nov
Hello from my house, where I’ll be covering arguments remotely before SCOTUS at 10am in the fight over whether DOJ and abortion providers can bring constitutional challenges to Texas’s 6-week abortion ban, SB 8.

Previously: buzzfeednews.com/article/zoetil…
SB 8 — which deputizes private citizens to enforce the ban and provides $$ incentives to do it — has been in effect since Sept. 1, with the exception of a two-day period last month (see: buzzfeednews.com/article/zoetil…).

Previously on how that came about: buzzfeednews.com/article/zoetil…
Recall that the question of whether SB 8 is constitutional is not before the justices today (although it could come up) — they're mulling a threshold issue that's held up the DOJ/abortion provider cases in the 5th Circuit, which is whether these plaintiffs can sue at all
Read 54 tweets
29 Oct
A belated hello from Chief Judge Beryl Howell's courtroom, where sentencing is underway for Jan. 6 defendant Leonard Gruppo — for his misdemeanor plea, the govt is seeking 30 days incarceration
On the government's no good very bad day before Chief Judge Howell yesterday in another Jan. 6 sentencing:
buzzfeednews.com/article/zoetil…
Howell is not okay with the govt citing what she refers to as Gruppo's "heroic" military service as a factor that cuts against him in terms of sentencing factors; feds had pointed to it as evidence that he should have known better, violated his oath
Read 21 tweets
28 Oct
Hello from Chief Judge Beryl Howell's courtroom (she's in-person, I'm on the remote line), where sentencing is set to begin soon for Jan. 6 def Jack Griffith. Griffith's misdemeanor plea had prompted Howell to question if rioters were getting off too easy: buzzfeednews.com/article/zoetil…
Govt wants 3 mos incarceration, one of the stiffest sentences for a misdemeanor plea: s3.documentcloud.org/documents/2108…

They'll argue he lacks remorse and made light of Jan. 6; they cite our prev. piece about the Donald Trump-as-shooter video game he was promoting: buzzfeednews.com/article/zoetil…
Griffith's lawyer Heather Shaner will argue for probation, she wrote in the sentencing memo that he was remorseful and has "learned from his impulsive behavior" s3.documentcloud.org/documents/2108…

They'll also be arguing a lighter sentence is more in line with outcomes in other Jan. 6 cases
Read 54 tweets

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