BREAKING: Trump asks DC Circuit for temporary injunction to stop records being handed over to 1/6 Cm

[New Breed Leader]

Link to tweet

[luv2fly]

1. Just shocking!

Kind of like the sun coming up this morning.

[EarlG]

2. If they don't respond promptly

the records will just be handed over, correct? By that I mean, after yesterday's ruling the onus is now on the National Archives to turn over the records, and if Trump can't stop them by tomorrow then they'll simply be handed over. Is that right?

[obamanut2012]

6. Correct

As of now, they are being handed over, regardless of appeal status.

[onenote]

7. But since no one is opposing Trump's request, it likely will be granted.

Thus, the odds of the documents being turned over tomorrow have dropped to about zero. They will stay unreleased until the Court rules on the motion for an injunction pending appeal which can't come (if the unopposed Trump motion for an administrative injunction is granted) until late next week, at the earliest.

[Boydog]

10. Legal analyst on CNN said Trump has no new argument to prevent the release so it likely

Would not be granted

[Boydog]

11. Why would the January 6 Comm not object to Trump's appeal

[onenote]

13. They're not objecting to a stay pending a decision on a motion for a stay pending appeal

It's a bit convoluted.

Under the All Writs Act, a court (in this case the Court of Appeals) can grant a temporary stay to protect its jurisdiction. Trump has asked for the Court to stop the release of the documents on Friday so it can consider a separate motion for a stay pending appeal that will be filed Friday and responded to by Tuesday. The flour-part test for the stay pending appeal is the same four part test that the District Court applied in finding against Trump and hopefully, the Court of Appeals will reach the same conclusion.

Somewhat weirdly (at least to me) Trump's lawyers don't seem to understand the difference between an administrative injunction under the All Writs Act and a stay pending appeal. As a result, it has re-argued the four part test as if that needs to met to gain the Administrative Injunction. His lawyers would have done better to argue that they don't need to satisfy the four part test for this Administrative Injunction and saved the argument about the four part test for the motion for a stay pending appeal.

[Diamond_Dog]

3. Must be something really bad in there!

[lagomorph777]

16. I am very excited to see it. DC Circuit is unlikely to be friendly to RW bullshit.

[Vinca]

4. You'd think even the cult would be curious about what was so special about

White House visitor logs and the documents that are normally available to the public anyway. Must be juicy stuff in them.

[duforsure]

5. The judicial branch is being used to delay, delay, delay,

If not quickly denied others will use the same tactics.

[spanone]

8. Hey trump, there is no 'status quo'. YOU have no executive privilege

[malaise]

9. Why is he so afraid?

Asking for a friend

[C_U_L8R]

15. "In his capacity as 45th President of the United States"

They still don't dare tell him, do they?
Dude, it's over. You lost. You are not President. You have no privilege. Goodbye.

[onenote]

20. Actually, he has a statutory right to assert executive privilege

However, that assertion will take a back seat to the position of the current President unless a court rules otherwise.

[C_U_L8R]

21. I know.

It's really the vanity of calling himself 'President' instead of 'Former' that is so icky.

[onecaliberal]

12. Innocent people cooperate with investigators, not fight them.

[C_U_L8R]

14. This is how Trump honors Veteran's Day??

what a treasonous ass pimple

[FakeNoose]

17. Somebody call the wa-a-a-ambulance

[malaise]

18. That is not going to happen n/t

[onenote]

19. What isn't going to happen?

[LetMyPeopleVote]

22. The DC Circuit will temporarily block the Jan. 6 committee from getting Trump's records

Link to tweet

[Crunchy Frog]

23. There must be things there that he reeeealy doesn't want anyone to see.

If he didn't do anything wrong he shouldn't have anything to hide.