How incompetent are Trump's lawyers? They haven't served the DOJ in their "special master" suit

[Nevilledog]

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Steve Vladeck
@steve_vladeck
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As law students learn in first-year Civil Procedure, having a summons signed by the court and served on the defendant is an *essential* step to commencing a new civil action.

Details...

Kyle Cheney
@kyledcheney
One of the many questions Judge Cannon asked the Trump team was: Did you formally notify DOJ about the lawsuit?

The answer appears to be no. Trump's team just posted a "proposed" summons, dated today, that is unsigned.
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12:08 PM · Aug 26, 2022

[Claustrum]

1. Because it was never a legal matter. It's a PR stunt by TFG. n/t

[Irish_Dem]

12. That's why he doesn't need attorneys. He doesn't care about the law, it is all PR and theater.

[Claustrum]

13. And it's worked all his life even until now.

I wonder if things would have turned out differently if republicans abandoned him for any of the things he did before. I would think he would already be in jail. This seems to be very different than everything before but I said this same thing every time before as well. So I am still skeptical. I hope the law finally catches up to him and he pays for the crime he has committed.

[Irish_Dem]

14. Yes it has been a successful strategy for him.

Yes the GOP could have tried to contain Trump earlier. But they were afraid of his revenge, losing the MAGA base, etc.

But in hindsight, it would have been better for them to suffer short term problems rather than the long term fall they may now face.

Yes I have been a realist/cynic all along about Trump. But only now does it seem like things might be different.
However, I will believe it when I see it in terms of justice.

[Ray Bruns]

2. Trump would have better been served by Dewey Cheatum and Howe

[GoneOffShore]

10. Ah, but they would want money upfront. They may be criminal lawyers, but they are smart.

[magicarpet]

3. This is a real court with protocols and procedures?

I thought it was Reality TV like my top rated show The Apprentice.

Rudy,.. Rudy,.. get Roy Cohn on the phone we need to take this matter seriously.

[rsdsharp]

5. You don't commence a legal action in federal (or state court for that matter)

with a Motion for Judicial Review, whatever the hell that might be. Rule 3 of the Federal Rules of Civil Procedure:

1. Rule 5(e) defines what constitutes filing with the court.

2. This rule governs the commencement of all actions, including those brought by or against the United States or an officer or agency thereof, regardless of whether service is to be made personally pursuant to Rule 4(d), or otherwise pursuant to Rule 4(e).

3. With this rule compare [former] Equity Rule 12 (Issue of Subpoena—Time for Answer) and the following statutes (and other similar statutes) which provide a similar method for commencing an action:

U.S.C., Title 28:

§45 [former] (District courts; practice and procedure in certain cases under interstate commerce laws).

§762 [see 1402] (Petition in suit against United States).

§766 [see 2409] (Partition suits where United States is tenant in common or joint tenant).

4. This rule provides that the first step in an action is the filing of the complaint. Under Rule 4(a) this is to be followed forthwith by issuance of a summons and its delivery to an officer for service. Other rules providing for dismissal for failure to prosecute suggest a method available to attack unreasonable delay in prosecuting an action after it has been commenced. When a Federal or State statute of limitations is pleaded as a defense, a question may arise under this rule whether the mere filing of the complaint stops the running of the statute, or whether any further step is required, such as, service of the summons and complaint or their delivery to the marshal for service. The answer to this question may depend on whether it is competent for the Supreme Court, exercising the power to make rules of procedure without affecting substantive rights, to vary the operation of statutes of limitations. The requirement of Rule 4(a) that the clerk shall forthwith issue the summons and deliver it to the marshal for service will reduce the chances of such a question arising.

[gratuitous]

6. Many, many years ago

I was dropping off some documents at the courthouse, office of the presiding judge. The clerk got interrupted by a phone call. His end of the conversation was, "Yes. No. Has the other side appeared? No, you can't file anything more until after 30 days from the date of service of the complaint."

He hung up the phone, shook his head and muttered, "Three years of law school and some of these guys couldn't pour piss out of a boot if you told them the directions were printed on the heel."

[Starseer]

8. Yup.

Similar situation I witnessed:

Clerk hangs up and says, out loud, "there are learned counsel, there are lawyers, and there are ambulance chasers in this profession." Followed by a shaking of the head.

[Effete Snob]

7. That's not even the worst thing about it

The judge asked them to file a brief answering five questions on or before today.

The proposed summons may have been intended as a partial answer to one of those questions, but good golly who knows, given the general ineptitude Halligan has demonstrated thus far with the electronic case filing system.

Perhaps they are going to file that later today.

[LetMyPeopleVote]

9. Donald Trump has filed his "supplemental" motion for relief

They did serve the federal govt this time but the supplement is still a piece of crap

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[EndlessWire]

11. As pointed out by ultralite001

they aren't even in the right court! 44 USC 2204 states that the DC Court has jurisdiction. They filed in Florida. You can't make this stuff up.