While the delay will irk people, Millett, Wilkins, and Jackson is a way better panel for the Select Committee than the Tatel, Rao, and Walker hydra that some folks were tentatively forecasting.
Millett - Obama
Wilkins - Obama
Jackson - Biden

vs

Tatel - Clinton
Rao - Trump
Walker - Trump
Moreover, imo, folks should prepare themselves that whatever happens in the Circuit, it's headed for the shadow docket at least.
Another thing I think folks are missing about this order is that it substantially expedites the process from what the parties proposed this morning. They asked for quick briefing next week on a preliminary motion by Trump for an injunction pending appeal... Image
In other words, the expedited treatment they asked for was fight next week over whether the National Archives should be enjoined from turning over the documents while the Circuit hears this appeal, however long that would take...
The two possible outcomes from the parties' proposal are (a) Trump wins the motion, the injunction is entered, and then we find out the schedule for the next round fo briefs before the DC Circuit hears the actual appeal or (b) Trump loses and the show moves on to SCOTUS
What the DC Circuit panel gave them instead was an order that **the whole appeal** would be given expedited consideration and be fully briefed and argued to the Circuit by Nov. 30th. Image
So it seems to me the panel has already accelerated things more than the parties requested. We are skipping the motion for an injunction, and moving on to having a panel decision some time next month.

(discussion of en banc rehearing omitted in this thread for everyone's sanity)

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More from @nycsouthpaw

11 Nov
A defense attorney for the men accused of killing Ahmaud Arbery is currently objecting to Al Sharpton’s presence in the court room, saying it’s intimidating. “We don’t want any more black pastors in here,” he just said.
The judge isn’t having it. “I don’t hear a motion, and I can tell you this: I’m not going to start blanketly excluding members of the public from this courtroom.”
You can watch the trial live here. The jury is back in now, currently watching a video of deposition testimony. pbs.org/newshour/natio…
Read 4 tweets
10 Nov
I’m sure Caro deserves to be busted on some details like any author of a monumental work, but in decency we can’t let the meatheads at the Washington Post Fact Checker desk do it.
Jones Beach was, at its inception circa 1930, a little model of a totalitarian state.
Legions of state police were stationed out there to make sure you didn’t bring your dog or play games involving balls. Guards in towers peered through binoculars at the parking lots to make sure you didn’t change into a bathing suit in your car. In the ‘50s, Moses explained why.
Read 5 tweets
10 Nov
Judge Chutkan's opinion is now actually out, and Trump did indeed lose this round of his quest for an injunction.
Trump, the judge writes at the end of her 39 page opinion, "is unlikely to succeed on the merits of his claims or suffer irreparable harm, and...a balance of the equities and public interest bear against granting his requested relief."
From the public interest section of the opinion:
Read 5 tweets
4 Nov
The Durham investigation arrests one of Christopher Steele’s researchers. nytimes.com/2021/11/04/us/…
Here’s the Danchenko indictment—five counts of s. 1001 false statements. storage.courtlistener.com/recap/gov.usco…
For his next trick, John Durham is going to prove beyond a reasonable doubt that a guy never got an anonymous phone call from someone he believed to be a Russian-American Chamber of Commerce president.
Read 10 tweets
3 Nov
2020-21: Biden (D) wins WH; McAuliffe (D) LOSES by 2-3

2016-17: Trump (R) wins WH; Gillespie (R) LOSES by 9

2012-13: Obama (D) retains WH: McAuliffe (D) WINS by 2.5

2008-09: Obama (D) wins WH; Deeds (D) LOSES by 17

2004-05: Bush (R) retains WH; Kilgore (R) LOSES by 6
2000-01: Bush (R) wins WH; Earley (R) LOSES by 5

1996-97: Clinton (D) retains WH; Beyer (D) LOSES by 13

1992-93: Clinton (D) wins WH; Terry (D) LOSES by 18

1988-89: Bush (R) wins WH; Coleman (R) LOSES by <1

1984-85: Reagan (R) retains WH; Durrette (R) LOSES by 10
1980-81: Reagan (R) wins WH; Coleman (R) LOSES by 7

1976-77: Carter (D) wins WH; Howell (D) LOSES by 13

1972-73: Nixon (R) retains WH; Godwin (R) WINS by 1.2
Read 4 tweets
1 Nov
Glenn Miller, tax attorney at Katten, placed an article in Quillette last September (quillette.com/2020/09/23/ral…), donated to Bob McDonnell in 2009 and Mitt Romney in 2012, even a GOP AG in WV. He threw a few hundred bucks to BdB in 2016, but nothing on record for Hillary or Biden.
Why do we have to do Jeremy Peters’ fuckin job for him, and why don’t we get paid for it?
Imagine accepting a quote on not wanting to be embarrassed from someone who publishes in Quillette. Image
Read 11 tweets

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