Thread by @MuellerSheWrote

BREAKING: from the special master hearing transcript. We don’t need to link Donald to the documents. His lawyer says “we are talking about presidential records in the hands of the 45th president.” I’m doing a whole thread in a bit, but thought you’d want to see this.

WOW: the trump side is blaming the DoJ for releasing parts of the affidavit and the warrant, AND they’re mad about the DoJ response filing to the special master request. NONE OF THAT WOULD HAVE HAPPENED IF IT WERENT FOR THE TRUMP TEAM 👀

Well I guess this will be the thread. Here, Trusty calls the DoJ standing argument NEW FANGLED, but neither here in court nor in their filing do they give ANY LEGAL ARGUMENT about it. Maybe they will later In the transcript, but the judge gave him this time to do so 3/

POW! As I said in my jurisdiction thread, Jay Bratt opens with jurisdiction and the fact that this court has none. Remember my thread about inequitable behavior and equitable jurisdiction? 4/

Here’s that thread of mine where the judge GIVES the trump team the answer and they fail. Twice. Lol. Three times if you count this hearing. 5/

https://twitter.com/muellershewrote/status/1565201100780670976

HAHA! “Y’all should have filed a 41g motion, one of the only kinds of pre-indictment relief motions you can seek, but those are for getting back what’s yours. None of these documents belong to him.” 7/

Mr Bratt takes baby judge to school. Her ridiculous question is on the left. Answer on the right. I presumed she cut off Wi-Fi, didn’t allow a call in number, and disallowed tweeting because she’s new and didn’t want to embarrass herself in real time. Like this. 8/

Bratt smacks down the trump and MAGA arguments about “total disregard for constitutional rights”. 9/

Another great point about equitable jurisdiction and my crack dealer example. “In order to have equitable jurisdiction, the party must have clean hands. And here, being in UNLAWFUL possession of classified documents and presidential records is textbook unclean hands. 10/

And there’s my original argument. This court has no jurisdiction because even if Donald had a case - which he doesn’t - he wants to use the PRA which requires he file in DC. This is Ms. Edelstein arguing for the DoJ. 11/

Edelstein’s excellent argument about executive privilege. That trump has none. 12/

JUDGE: “Aw, come on. What’s the big deal? What’s the harm in a special master?” DOJ: “PER OUR LAST FILING”. Usually, hearings don’t re-hash shit that’s in a filing, but I guess the judge wants to hear it again? 13/

It’s feels like the judge is saying “okay, there’s no executive privilege here, but can we just do this anyhow?” 14/

DoJ also argues there shouldn’t be a special master for atty-client privilege here because trump isn’t a lawyer, and we’ve already got a privilege team. 15/

LOL: judge asks about legal stuff (Richey factors: a movant must prove irreparable harm, callous disregard for constitutional rights, etc.) Trusty goes off on a weird rant. Judge slaps him back into reality. 16/

Trusty tries to use the “this is like an overdue library book” excuse to somehow satisfy the Richey factor of proving irreparable harm. This is a garbage argument and he knows better. 17/

OMFG Trusty ADMITS there’s no irreparable harm. 😂😂 Instead, he whines about the RADICAL implantation of lawful search warrants, the legal argument about standing, and other ambiguous “little moments of conduct” that are just SO MEAN! 18/

Trusty has a sad that the judge found probable cause to properly seize materials stored with classified documents, but makes no legal argument as to why that was unlawful. Because it isn’t. Items found near the documents are also evidence. 19/

COURT: why did you wait two weeks

TRUSTY: I’d rather not say and I also don’t want to tell you the reason I do t want to say

ME: is it because you’re embarrassed AF that Laura Ingraham yelled at Bobb and that’s your only actual reason for this filing? Lol 20/

Trusty admits his request for an injunction to stop DoJ from reviewing materials was stupid, I mean mooted. 21/

Bratt gives the judge a free lesson on rule 65. 22/

DOJ: with regard to irreparable harm, the court needs to acknowledge the search was lawful, and there’s an ongoing criminal investigation. They cite no case, they have no argument, and one doesn’t exist. 23/

Here’s why trusty didn’t want to get into the back and forth between them and DoJ after the search. DoJ told them everything day one after the search. They didn’t respond for almost two weeks. 24/

The judge asks if there’s ever been a case where a special master handled executive privilege. Bratt says no. Judge says “I thought there was one.” Bratt says that’s the Rudy case and we asked SDNY and the special master didn’t look at executive privilege so there’s none 25/

There are 540 pages of potentially atty-client privileged info per the filter team. 26/

JFC. Trusty raises “conflict of interest” concerns because one of the filter team guys works in the same DoJ unit as Bratt, but then suggests HIMSELF as special master. 27/

FYI: in my head, this is Jim Trusty.

Finally, Bratt addresses why the filter team guy is in his unit. Makes sense you would need someone with clearance. There aren’t many people in the country to choose from. 28/

Here’s a link to the full transcript. @patorrezlaw and I will go over this in depth on next week’s @aisle45pod. END documentcloud.org/documents/2227…