Akiva Cohen Profile picture
Sep 29 14 tweets 5 min read
Hey, #LitigationDisasterTourists Judge Loose Cannon is at it again, apparently completely unchastened by the shellacking she received from the 8th circuit and once again handing Trump everything he asks for.

storage.courtlistener.com/recap/gov.usco…
Issue Number 1:

Cannon's order appointing Judge Dearie directed him to verify that the government's "Detailed Property Inventory" was full and accurate.

So Dearie directed the parties to do that. BOTH parties. Image
Not just the government, but also Trump had to make clear whether he was contending the inventory contained any items that weren't seized from the property ("say under oath that they were planted, motherfucker, I dare you"); or omitted anything, or misdescribed anything. ImageImage
#LooseCannon did not like that. Asking Trump to take positions under oath? No way.
Look, I can understand saying "he gets to revise objections if, after reviewing the documents, he realizes there's another objection to be made"

But "he doesn't have to take positions on this at all"? How is Dearie supposed to evaluate a privilege claim on a maybe-fake document?
"This is a document that the FBI may or may not have planted but which is also an executive privileged document that the FBI can't review"
Also ...
Judge Dearie's tight timelines?

Hahaha, no. This thing is extended to mid-December.

Rolling designations, so that Trump would identify a batch of documents and the government could respond? Nope. The government gets 11K designations dropped on it at once ... ImageImageImageImage
And then has 10 calendar days to identify, negotiate, and brief to the special master any disputes.

There is literally NO reason to do that *except* to burden the government and artificially advantage Trump. Her "avoid confusion" reasoning is a bad joke
Litigators know how to work rolling productions and deadlines. There wouldn't be any confusion. You work for a week, then send what you've got done at the end of the week. Easy. Not confusing at all.

But that wouldn't put the government at a disadvantage, so out it goes
Last, she REALLY didn't like Dearie suggesting that the 41g motion should go to the magistrate that issued the warrant. ImageImage
Look, all of this is a sideshow; the docs that really impact the potential criminal charges are the classified documents she tried to stop the criminal investigators from reviewing, and got reversed on. But it's ridiculous
Ugh. 11th
Also - 11th Circuit. Ugh, no idea why the brain fart

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More from @AkivaMCohen

Sep 22
Yes, what the DeSantis administration is doing to immigrants in Texas is criminal. But let's pretend for a moment it wasn't. That there was no specific statute that adequately covered "lying to vulnerable people to get them to participate in a stunt that harmed them"

OK. So?
Lot's of morally repugnant things aren't criminal.

Being a neo-nazi isn't criminal. Cheating on your spouse isn't criminal. Mocking disabled people isn't criminal.

"OK, was what our governor/candidate did criminal?" should not remotely be the standard
What DeSantis did was morally repugnant.

He stole from the people of Florida, taking money appropriated for transporting illegal immigrants from Florida to other jurisdictions and using it to benefit him personally by transporting *legal* migrants from Texas ...
Read 9 tweets
Sep 22
Those of Trump's lawyers who are remotely competent (and Kise is) are currently considering kidnapping their client and hiding him in a bunker.

He just said "I implicitly declassified it with the act of sending the docs to Mar-a-Lago" - that BURIES him on 793
Seriously. 793 *does not require* the documents to be classified. Just that they contain national defense information that could harm the US if disclosed.

But "I declassified" could still have been a potential defense under 1 and only 1 circumstance:
If he could say that in his capacity as commander in chief, he made a document by document decision that the information those documents contained could not jeopardize national security if revealed.
Read 6 tweets
Sep 22
BTW, a coda.

Remember a little while ago I said that Trump's entire play through this classified documents issue basically couldn't have been more perfectly designed to ensure he'd get indicted if he tried? Every move basically forcing DOJ's hand towards an indictment?
Well, DOJ currently has a stay of a ruling that said they couldn't use the contents of the classified docs to indict him yet.

But there's no guarantee that stay remains in place. No guarantee that SCOTUS doesn't hand Trump a win. It shouldn't, probably won't, but no guarantee
And, um ...
Read 7 tweets
Sep 21
Hey, #LitigationDisasterTourists, remember what I said about the difference between Trump judges and Trumpist judges? The 11th Circuit just drove that home to one Donald J. Trump in an opinion issued by a panel including two judges he appointed
The ruling is stayed ONLY as to two aspects: the review of classified documents and the injunction stopping the criminal investigation. So Judge Dearie stays in place for the rest.

But since those were the only parts Trump actually cared about, this is a massive blow to him
I'm not going to go over their recap of the facts & procedural history, but it's worth noting that they specifically said that NARA was acting as it was supposed to in trying to get documents back from Trump
Read 36 tweets
Sep 21
Hey, #LitigationDisasterTourists - at about 11pm last night, the US filed its 11th Circuit response on its motion to stay.

As Zuma would put it, let's dive in

(Yeah, I've got little kids, and that show's watchable. It is what it is)
This is how you open a reply brief:

Reset the factual situation
We showed XYZ
Their opp does nothing.

And it hammers the key point: When push comes to shove, Trump has no substantive argument - so much so that they never even really tried pretending otherwise Image
Then immediately onto Schrodinger's Declassification, making the point that (1) he hasn't actually said he did that, so it can't be a basis to grant relief and (2) even if he'd done it, it wouldn't change the analysis Image
Read 28 tweets
Sep 20
Hey, #LitigationDisasterTourists, Trump has filed his 11th Circuit opposition to the government's motion to stay Judge Cannon's order with respect to the 100 documents bearing classified markings. Let's do a live read?
Background: The government basically rehashed its stay application that Cannon denied, this time filing it in the 11th Circuit and using phrases like "of course 'documents bearing classification markings' are easy to segregate, THEY ARE THE ONES WITH CLASSIFICATION MARKINGS"
It was framed, essentially, as a "Motion to say 'what the fuck, Judge Cannon?'" based on the basic principles of "Trump can't have a possessory interest in documents with classification markings, or any conceivable privilege in them"

Now Trump is responding
Read 35 tweets

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