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Opening Arguments Profile picture
@openargs
Aug 7 • 8 tweets • 3 min read Twitter logo Read on Twitter
The more I read Judge Aileen Cannon, FSW's order from this morning, the more absolutely crazy it seems, particularly paragraph 4. I've never seen a judge literally direct a defendant what to write in their briefs BEFORE their first opposition was due. /1

https://t.co/9vkBGq0ic8storage.courtlistener.com/recap/gov.usco…
4. Waltine Nauta shall file a response to the Motion for a Garcia hearing [ECF No. 97] on or before August 17, 2023. Among other topics as raised in the Motion, the response shall address the legal propriety of using an out-of-district grand jury proceeding to continue to investigate and/or to seek post-indictment hearings on matters pertinent to the instant indicted matter in this district. The Special Counsel shall respond to that discussion in a Reply in Support of the Motion [ECF No. 97], due on or before August 22, 2023. The remaining Defendants may, but are not required to, file br...
Let's be clear: courts can (and do) request supplemental briefing all the time - e.g., when both sides miss the point. And yes, those orders tell you a lot about what a judge is thinking. But without fail, that comes either AFTER the issues have been fully briefed or... /2
...if there's been a significant intervening event since the initial pleading was filed, like a Supreme Court ruling that seems to change the rules or some major factual development like the death of a party. Okay. But this... /3
...isn't the first time Judge Cannon has swept in, unbidden, to help Team Trump.

Previously, when Trump tried to tie up the documents grand jury, Special Master Raymond Dearie entered a scheduling order that would have been VERY BAD for Trump. /4

storage.courtlistener.com/recap/gov.usco…
Remember, this was at a time Trump was howling that evidence was "planted" and also simultaneously that national security documents were his personal property. (Trump is still making the latter argument, as you know.) So what Special Master Dearie did was... /5
...order Trump to identify which materials he was arguing were planted. That would have also forced Trump to concede that the other materials seized were NOT in fact his property - which you might recognize as a key element of the 18 USC 793(e) criminal charge he now faces. /6 b. A list of any specific items set forth in the Detailed Property Inventory that Plaintiff asserts were seized from the Premises on August 8, 2022, but as to which Plaintiff asserts that the Detailed Property Inventory’s description of contents or location within the Premises where the item was found is incorrect. c. A detailed list and description of any item that Plaintiff asserts was seized from the Premises on August 8, 2022, but is not listed in the Detailed Property Inventory. This submission shall be Plaintiff’s final opportunity to raise any factual dispute as to the completeness a...
Judge Cannon swept in BEFORE TRUMP HAD TO BRIEF AN OBJECTION and overruled her own Special Master, setting a different schedule that (coincidentally) relived Trump of the burden of actually specifying which documents he had or didn't have. /7

storage.courtlistener.com/recap/gov.usco…
(We broke all of that down for you in Episode 635.)

And now Judge Cannon is at it again, effectively acting as yet another lawyer for Team Trump. /8

openargs.com/oa635-trump-ge…

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More from @openargs

Opening Arguments Profile picture
Aug 4
Remember Ruby Freeman and Shaye Moss, the 2 GA pollworkers whom Co-Conspirator 1 a/k/a/ Rudy Giuliani defamed the hell out of in the wake of the 2020 election & then refused to turn over discovery when they sued him? Well... /1
...we've covered that lawsuit a LOT, including most recently in Ep. 783. Rudy filed a stipulation conceding to liability to try and finally evade discovery once and for all. We also told you that stip had some problems & might not work. /2

openargs.com/oa783-hunter-b…
Specifically, Rudy's stipulation seemed to concede the liability elements of defamation. Of course, he and his spox started immediately lying about it before the ink was even dry. @5DollarFeminist covered that in detail for @atlblog today: /3

abovethelaw.com/2023/08/giuili…
Read 7 tweets
Opening Arguments Profile picture
Aug 2
🚨BREAKING - JACK SMITH MOVES TO DISQUALIFY STAN WOODWARD IN TRUMP DOCUMENTS CASE

Woodward is Walt Nauta's lawyer (paid by Trump) & we've been shouting from the rooftops that he has MASSIVE conflicts of interest. Looks like Jack Smith agrees. /1

storage.courtlistener.com/recap/gov.usco…
We last discussed this in Episode 774.

Short, short version: it's bad. Woodward is clearly not acting in Nauta's interest; he represents material witnesses & does not seem to care. /2

openargs.com/oa774-trump-pr…
The DOJ has requested a hearing pursuant to U.S. v. Garcia, 517 F.2d 272 (5th Cir. 1975), which directs the trial court to "actively participate" in an inquiry as to whether a defendant has knowingly & voluntarily waived conflicts of interest. /3

scholar.google.com/scholar_case?c…
Read 9 tweets
Opening Arguments Profile picture
Aug 1
🧵OPENING ARGUMENTS TRIES NOT TO GET KICKED OFF TWITTER

There's a recently-filed lawsuit by one X Corp., a Nevada-based social media platform that allows its users to “tweet” at one another. X Corp. announced a “general amnesty” for previously-banned users in November 2022. /1 X logo
As we all know, that amnesty welcomed back tens of thousands of neo-Nazis, white supremacists, misogynists, racists, antisemites, conspiracy theorists, and other dangerous loons. Within weeks of their reinstatement, hate speech exploded. /2

https://t.co/a2E98YkuQ3nytimes.com/2022/12/02/tec…
NY Times: Before Elon Musk bought Twitter, slurs against Black Americans showed up on the social media service an average of 1,282 times a day. After the billionaire became Twitter’s owner, they jumped to 3,876 times a day. Slurs against gay men appeared on Twitter 2,506 times a day on average before Mr. Musk took over. Afterward, their use rose to 3,964 times a day. And antisemitic posts referring to Jews or Judaism soared more than 61 percent in the two weeks after Mr. Musk acquired the site.
One of the sources for the Times was the Center for Countering Digital Hate, a public charity devoted to holding social media companies responsible for spreading hateful disinfo. In February 2023, they published a 22-page report called “Toxic Twitter.” /3

counterhate.com/wp-content/upl…
Read 10 tweets
Opening Arguments Profile picture
Jul 25
🧵TRUMP DOCUMENTS CASE - A THREAD

Today, Magistrate Judge Bruce Reinhardt unsealed a bunch of pleadings and orders in connection with the Mar-a-Lago search warrant docket.

Let's dive in, shall we? /1

storage.courtlistener.com/recap/gov.usco…
Media have been reporting the big news is that Special Counsel Jack Smith secured 7 additional search warrants in connection with Trump’s willful retention of national security information. However… /2
…we actually should have noticed that two weeks ago (7/14), when this order was unsealed, showing 8 case captions. The first (8332) is the Mar-a-Lago docket we all know & love. The other 7 are the newly-revealed search warrants. /3 case caption
Read 8 tweets
Opening Arguments Profile picture
Jul 13
Yesterday, Trump moved for an an indefinite continuance in the SDFL willful retention of documents case. TODAY, the DOJ filed its opposition. It's more proof that Jack Smith intends to telegraph & fight back against Trump's efforts to delay his trial. /1

storage.courtlistener.com/recap/gov.usco…
We told you in today's show that although this looks like boring procedural stuff, it's actually a pretty important window into Trump's litigation strategy & just how much Judge Aileen Cannon, FSW is in the tank for Trump. /2

openargs.com/oa775-is-this-…
Trump is right that his case is complex & one of first impression. But that doesn't justify extraordinary delay - he "should not be permitted to gesture at a baseless legal argument, call it 'novel' & then claim the court will require an indefinite continuance to resolve it." /3 As for the impact of the Presidential Records Act on this prosecution, any argument that it mandates dismissal of the Indictment or forms a defense to the charges here borders on frivolous. The PRA is not a criminal statute, and in no way purports to address the retention of national security information. The Defendants are, of course, free to make whatever arguments they like for dismissal of the Indictment, and the Government will respond promptly. But they should not be permitted to gesture at a baseless legal argument, call it “novel,” and then claim that the Court will require an indef...
Read 6 tweets
Opening Arguments Profile picture
Jul 4
🚨BREAKING - BONKERS TRUMP JUDGE ISSUES CRAZED ANTI-VAX INJUNCTION

Happy Fourth of July! It is impossible to overstate how completely ridiculous this ruling Judge Doughty barfed out today is: /1

storage.courtlistener.com/recap/gov.usco…
It prevents the Biden administration from flagging false posts on Twitter & doing essentially anything to combat anti-vax & other nonsense because... reasons? BTW, this goes on for two pages in the order (linked below). /2

https://t.co/OQbU0b1FrGstorage.courtlistener.com/recap/gov.usco…
We previously explained how meritless the underlying *lawsuit* is back in Episode 713. Judge Doughty, in granting injunctive relief, ruled that not only is it a cognizable theory of relief (it isn't)... /3

openargs.com/oa713-state-ag…
Read 4 tweets

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