THREAD II: And now on to the second brief filed by @carterwpage attorney, with @McAdooGordon serving as local counsel. This brief responds to GOVERNMENT's motion to dismiss. The other brief was the 8 individual actors: This is DOJ/FBI as entities. storage.courtlistener.com/recap/gov.usco…
2/ Interesting. Didn't realize this was part of relief sought:
3/ Yup, that's just what our government did:
4/ Synoposis of full argument:
5/ With zinger to close introduction:
6/ A great point: This wasn't about Page--this was about Trump!
7/ Still trying to zero in on who the actual leaker was. Doesn't matter if they were all in on it but the emails b/w Strzok and Page (see THREAD I) are suggestive.
8/ Back shortly: Math & lunch time for DS.
9/ Reading on to see if they are identified...
10/ These are Page's claims against government as an entity. The FTCA is basically a federal statute that allows you to sue it under basic "tort" principles that apply to business/individuals.
11/ Patriot Act claims are based on gov't unlawful use of information gathered. Here, Page claims gov't unlawfully used info in "media leaks" strategy and also in later FISA applications.
12/ Also, on point that warrant was issued to they are all protected, this argument is solid:
13/ This paragraph is a perfect capsulization of why SOL has not expired.
The Maryland Father's attorneys sure seemed to be playing fast and loose with the facts!
2/ Garcia: "I won't plead guilty unless you deport me to Costa Rica."
DOJ: "Well, if you insist."
Garcia: "Judge you must dismiss this case because they are forcing me to plead guilty."
🚨🚨🚨BREAKING: Another Trump win on appeal with D.C. Circuit vacating preliminary injunction. Order isn't loading yet so details to follow. 1/
2/ Here's what the case is about:
3/ And this isn't one of the cases where things were stayed, meaning this decision now frees the Trump Administration to get back to work. The court had originally stayed a portion of the injunction, allowing Trump to fire folks but then Plaintiffs claimed Trump didn't make individualized assessment so Court of Appeals decided it wasn't going to get into that morass and just said Trump can't fire anyone (it shouldn't have and I believe one of the judge's dissented on that cop out).
2/ So as background this is the consolidated (joined) cases involving USAID where the district court originally ordered payment of millions within like 36 hours and Justice Roberts granted an administrative stay and then said basically redo so it is feasible.
3/ The judge sorta redid and Trump has been complying, i.e., there was no stay in place so this is a WIN. Trump has also sought dismissal which should be granted based on this decision. AND the plaintiffs sought to enforce AND to depose to enforce so the ruling will 86 that!