Thread by @ProfMJCleveland

THREAD: Quick summary of AG Garland & "Special Counsel" Smith's efforts to burn Trump by releasing report trashing Trump & some of his appointees before Biden leaves off. 1/

2/ Background: Judge Cannon held Smith's prosecution violated Appointment's Clause of constitution & dismissed case. Smith appeals. After Trump won, Smith dismissed appeal against Trump, leaving Cannon's dismissal of indictment re Trump in classified document's case final word.

3/ But Smith's appeal remains pending against Trump's two co-defendants. After AG/SC said they were releasing SC Report, two co-defendants moved in BOTH d.ct. (Cannon's court) & 11th Cir. (appeallate court) for injunction barring release. Trump filed motion to intervene in D.Ct.

4/ Motion to Intervene means "let him be in case". Cannon ordered DOJ to respond to that motion in couple of weeks. Reason filed in both D.Ct. & 11th Cir. is it is unclear whether Cannon still had jurisdiction to enter injunction. Cannon was cautious & granted temp. injunction.

5/ She decided to bar release until 11th Cir. decided and for 3 days after. She NEVER said that was to allow appeal to S.Ct., though, but for orderly resolution of case. Here, co-defendants and Trump argue Cannon should decide on injunction and not 11th Cir.

6/ Trump did NOT seek to intervene at 11th Cir. but instead filed an amicus brief, i.e., friend of court brief, saying grant injunction. 11th Cir. yesterday didn't grant injunction but also didn't say Cannon lacked authority to grant injunction & said DOJ could appeal her order.

7/ That left Cannon's injunction in place for 3 days (whether Sat. & Sun. count, I'd have to look up, but gut is no.). Reason that is key & what I saw as win was that co-defendants could go to her & say we want you to grant longer injunction to stop release & you can b/c

8/ 11th Cir.'s holding did not say you lacked jurisdiction. Co-Defendants could then argue you should grant temporary injunction to keep status quo until you rule on Trump's motion to intervene (or Trump could argue). Trump being in case matters b/c AG said only releasing Vol. 1.

9/ Vol. 1 is Trump & 2020 election & Vol. 2 has more direct impact on Co-Defendants. Without Trump "in" case--Smith dismissed appeal & Cannon dismissed inictment--by intervention, less likely to keep Vol 1 out.

10/ But AG/Smith filed immediate notice of appeal of Cannon's order & also sent notice to 11th Cir. of notice of appeal & basically asked for "rehearing" by telling 11th Cir. you need to vacate her 3 day injunction. storage.courtlistener.com/recap/gov.usco…

11/ If it were crazy enough before, now question is can Cannon enter revise injunction b/c appeal removes her jurisdiction? Or could Defendants file new motion before her seeking longer injunction? Defendants would argue 11th Cir. never said no jurisdiction so you have it.

12/ Alternatively Trump could file new lawsuit claiming AG is infringing on his constitutional rights b/c Special Counsel's report was created in violation of Appointment's Clause & b/c that lawsuit would be related to case before Cannon seek to have it assigned to her & get TRO.

13/13 Keeping an eye on Cannon's & 11th Cir. docket because this is far from over. It is just so strange & something that never happened before that it is all theorizing what could/will happen.