Thread by @rparloff

Here’s my best reconstruction of what I’ll call Judge Cannon’s Undocketed Docket. It now includes ~18 briefs & ~70 exhibits, though 6 of the briefs will soon be filed publicly. That will leave 12 undocketed briefs, including 7 submitted more than a month ago, on 2/22. ...
1/15

... Many people have asked how all these undocketed filings came about. It all goes back to 2/6, when Cannon controversially ordered the unsealing of many govt witnesses’ names & testimony (which hasn’t happened yet). ...
/2bit.ly/49vZ0LE

... The govt—fearing witness harassment & intimidation, among other harms—moved to reconsider and signaled that it might take Cannon to the 11th Circuit over this. That motion has been fully briefed since 2/28. ...
/3

... Appellate review would be high-stakes. This case is playing out in the shadow of Cannon's unanimous reversal by the 11th Circuit in Dec 2022, after she tried to block investigators from using lawfully-seized evidence from Mar-a-Lago—the evidence that led to this case. ...
/4

... In that same 2/6 order Cannon also issued new rules, departing from Local Rules, that made it difficult & cumbersome to file redacted or sealed docs (other than classified docs) ...
/5

... Her new rules were impractical by design, as she wanted to deter redacted filings. But since the deadline was approaching for defendants’ motions to dismiss, she soon had to issue a new rule to enable defendants to circumvent her 2/6 order. She issued those on 2/20 ...
/6

... Her 2/20 rules instructed attys to email their submissions to her and each other while they awaited resolution of redaction disputes. That created what I’m calling the Undocketed Docket. ...
/7

... Here, again, is what I think it comprises at the moment, including 7 briefs emailed > 5 weeks ago. Note that, under old rules, we’d at least have redacted, docketed, public versions of almost all of these....
/8

... Indeed, since the govt has provided the court with redlined versions of all these briefs, detailing what it objects to, we could have public, redacted versions tomorrow if Cannon okayed them, even temporarily, while she continues to mull further unsealing. ...
/9

Cannon seems to be putting off any redaction rulings until she decides the big one: the govt’s motion to reconsider her order of 2/6, which has been fully briefed since 2/28. ...
/10

... One day Cannon will also need to rule on defendants’ 13 motions to dismiss or suppress. So far, she has ruled on one of them, but she denied it “without prejudice,” meaning Trump can re-raise it in some form. ...
/11

... Before she rules on most of the others, she’ll also have to decide whether to grant hearings first. Defendants have sought hearings on ~13 issues raised in ~9 of their motions to dismiss, plus a hearing on Trump’s motion to compel (filed in January). ...
/12

... Cannon has held 2 hearings so far on legal issues stemming from the motions to dismiss, but defendants want *evidentiary* hearings on many questions, which would take longer. ...
/13

... For explanation of the misunderstandings, IMHO, that underlie Cannon’s order to unseal witnesses’ identities & testimony—which inadvertently also gave rise to the Undocketed Docket—see here. ...
/14bit.ly/49vZ0LE

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P.S. I inadvertently left out a tweet in the thread: We are also awaiting Cannon's ruling on Trump’s 68-page motion to compel (filed 1/16 & fully briefed since 2/9). And, of course, we’re awaiting her decision on a trial date, the subject of an all-day hearing on 3/1.