Trump files response to DOJ appeal in eleventh circuit

[pnwmom]

Source: Lawfare

Former President Donald Trump filed a response to the Justice Department's motion for partial stay in the Eleventh Circuit. Trump's filing asked the court uphold Judge Aileen Cannon's Sept. 15 order denying the government's original motion for partial stay, which would leave in place the injunction preventing the government from reviewing and using the 100 documents marked as classified in its ongoing criminal investigation of Trump. In support of his argument, Trump asserted that the Justice Department "misconstrues" Rule 41(g) standing, that it has not yet proven that the documents in question are in fact classified, and that it ignores that Trump could have "a cognizable interest in his own Presidential records." It also argued that the court lacks jurisdiction to rule on the matter because the government's motion is an improper interlocutory appeal.

Read more: https://www.lawfareblog.com/trump-files-response-doj-appeal-eleventh-circuit

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The document can be seen at the link.

[Lemon Lyman]

1. Hmmm

Let me guess...he wants to delay, yeah?

[sop]

4. And so it begins.

Anyone hoping to see Trump indicted and prosecuted better get used to this sort of thing.

[Eliot Rosewater]

2. Trump TEAM files...trump himself is actually not smart enough to do anything at all

other than eat and sleep and so on.

He is one of the if not the dumbest person alive.

[Escurumbele]

10. He is not dumb, and we should be able to recognize it in order to fight his evil. One can never

underestimate a rival, and trump has proven that he is conniving, cruel, evil and that he knows how to manipulate the system. How on earth would anyone who has committed so many crimes continue to commit crimes in plain light of day and no one dares put him in jail? He is not dumb, and I believe many of us have confused dumbness with ignorance, they are not the same. He is ignorant about history, government and many other things, he is a liar, corrupt and many evil things, but he is not dumb.

I am convinced that he has compromised many republicans, it is not only about "the base", it is that he has made other republicans do things they know that if captured they will go to jail, so he has them by the balls. A dumb person could not do that.

We have been all worrying for over six years about the things that trump has done and continues to do, that is all we hear in the news, he has kept the country in constant anxiety, in constant worrying about what he does, what he says, he has manipulated us all with the aid of our corrupt media. A dumb person would not know how to do that.

How can an atheist convince the entire evangelical church that he was sent by God? I understand the evangelical leaders are extremely corrupt, but just think about it, a dumb person cannot do it, even when he told Michael Cohen after the praying and touching "these people believe in that crap?", they knew about it and they let it go.

I can go on, but we all need to stop underestimating him, he knows his evil, and he is very good at it. I just hope the DOJ is as good as we all expect them to be and this is it for trump, I hope his time has come to pay for his crimes.

[yankee87]

11. You are correct

45 is not dumb. No one could have stayed out of jail his entire life, while dealing with the mob in New York real estate, selling our county's secrets. enriching his grifter family and blackmailing many politicians.

Never underestimate evil.

[Wuddles440]

25. Well stated!

[Justice matters.]

26. Although, he confirmed in official filing the markings on the classified docs are HIS own...

mmmkay...

One or (many) less evidence for the DoJ to prove.

He just gave it to them without them having to search for their "author"

[Aghast]

27. Pretty Dumb

I think he is pretty damn dumb. If he was smart, he wouldn't be in court all the time in the first place. I will give him an "A" for conniving though - he puts a lot of effort into anything he ought not be doing if he thinks he sees an upside for himself.

The reason he's not in jail is that he has always had enough money to blow enormous amounts of chaff out of his butt and elude a hit in the tailpipe. He's out of his league now though and I believe he is going down, one way or another.

[jcgoldie]

28. he's dumb as fuck

This entire case is an unforced error born of ignorance and extreme hubris. Just because he's a bully who has never faced repercussions for his actions because he was born on 3rd base doesn't make him smart.

[slightlv]

29. No, Trump's team is not dumb. Trump is not dumb in so far as he hires decently aware lawyers WHEN

he has to AND when someone else will pay for them. SO, the question THEN becomes, WHO is paying for these lawyers? I'd also like to know exactly where do they come from. Although, if I were to throw a rock at that question, I'd swear it'd hit the Federalist Society.

[grumpyduck]

3. I don't see what difference this makes

if the documents weren't his to take anyway. So I'm guessing there are two separate cases here? And meanwhile the Special Master wants proof that they were declassified.

I'm also guessing that Garland et al are laughing their butts off at how this is all going and planning their fourth move from the current one.

[Justice matters.]

16. There is no proof he wrote his shitty stuff while he was POTUS.

That is another statement he has no evidence of. Or how could he prove it? It doesn't matter. Like you said, it's delay tactics (hoping a mistake will happen and the case will be tossed out: the only possible way out).

[BumRushDaShow]

5. I think his lawyers had to do that by noon EDT

and the Special Master meeting with both sides is beginning in this hour (2 pm EDT).

[Eliot Rosewater]

12. Imagine the dumbest shit who ever lived, having this much influence and power.

So dumb that he lost the HALF A BILLION daddy gave him so he had to borrow from Putin, and he has lost all of THAT money as well.

He is now owned by Putin but also Saudi Arabia.

DUMBEST SHIT ON EARTH

[BumRushDaShow]

13. Well

he "hires the best people" meaning they know how to gum things up before they self-destruct and land in jail and/or are disbarred.

Meanwhile, here we are continually cleaning up the mess from their circus acts.

[Eliot Rosewater]

14. Who is the character on this show that David Hyde Pearce sounds EXACTLY like?

[BumRushDaShow]

19. It was probably Mr. Peabody (the dog).

I think it was voice actor Bill Scott who did most of the characters on that show...

Some of Scott's many characters -

[Eliot Rosewater]

20. Yeah, him!

[BumRushDaShow]

23. The other who sounds almost like that is David Odgen Stiers

when he was on M*A*S*H.

[SheltieLover]

31. I love Mr. Peabody!

I'd forgotten about him. Thx for the reminder.

[BumRushDaShow]

32. LOL

Loved the show!

(I know they did re-make it recently)

[SheltieLover]

33. I'll search it up!

Ty!

[Bayard]

6. What a load of crap!

HE HAS NO RIGHT TO THESE DOCUMENTS! No, Nein, Non, Nyeht. Nada. He stole them. The word, "CLASSIFIED," is on the cover sheet of every one, and no indication they have been UNCLASSIFIED.

Even if he finally writes his memoirs in crayon (or Sharpie), these documents would never, and could never, be included.

I'm sick to death of this farce!

[Marthe48]

9. Hear, here!

Well said.

If he worked in a store and shoplifted merchandise, he would be arrested for theft. This is worse, because he probably sees the documents he took as merchandise he can shop to his despotic buddies. He is a traitor, and he has stolen documents that don't belong to him and lied about returning them.

[no_hypocrisy]

7. Classic metaphor of throwing underwear at the wall to see if anything sticks.

[WestMichRad]

24. Ewwwww!

I think I need some brain bleach!

[getagrip_already]

8. Do we know which judges were assigned to hear the appeal yet?

It should be a 3 judge panel unless for some reason the full bench decided to hear it.

Just curious who was drawn for the spots?

[ificandream]

15. They'll do motion after motion digging up new ways to stall.

That's what the guilty do especially when you have tons of bucks.

[Justice matters.]

18. The dumb team hopes a mistake (big or small) will happen along the way and the case

would be tossed out. It's toj's only way out and it's full on desperation!

[joeybear]

30. The Roy Cohn method that tfg learned years ago.

https://www.ndtv.com/world-news/trumps-early-lesson-from-legendary-new-york-lawyer-roy-cohn-tell-them-to-go-to-hell-1420780

[EndlessWire]

21. Can someone please explain

the part about the 1292 interlocutory appeal and the problems with jurisdiction? Doesn't 1292(a) authorize the Appellate Court to take jurisdiction despite the fact that one prong doesn't have Cannon's written determination? Isn't it weird that a District Court could prevent a review of its own interlocutory order by simply not authorizing the review?

I thought that their argument that the Government has not yet proven that the docs are classified is like trying to prove a negative. IMO, the fact that the docs are marked as classified is proof enough; they shouldn't have to go back to the docs very molecules to show that T**** stole classified docs.

I also think that even if T**** had the authority to declassify something, that doesn't mean that he actually went through the process required to do it. That is why Dearie has requested this info, which T****'s "team" has now refused to reveal--an attempt to hamstring Dearie's duties, which surely won't go over the heads of the Appellate Court. It's very obvious that they are seeking to delay the criminal investigation of T****'s stealing of classified docs.

They're also saying that the Archivist has no role in making the decisions. But, President Biden did order the Archivist to take the actions that she ultimately did. Thus, she did have the authority. Moreover, the Archivist did not attempt to classify anything, but only separated out the docs already marked classified and alerted the proper authority--the DOJ. And, they don't explain why they filed in the court they did, when the NARA statute clearly states that it has jurisdiction--if that's what they want to proceed on under PRA.

They simply can't give these classified docs back to T****. They can't whitewash this. They can't characterize this as a "storage" issue only. Doesn't anyone care about the security of our nation??

[Novara]

22. It is not the reponsibility if the DOJ to "prove" they are classified. It's clear they ARE.

It's the responsibility of the thief to prove he declassified them. Of course he can't because he didn't, and no proof exists. Uh, are declassified records stored in classification envelopes? With TOP SECRET stamped on every page? Fucking christ, what an idiotic argument.

Not to mention that these are the GOVERNMENT'S records, not his. That one is a matter of fact and will be shot down.

You know this motherfucker will appeal to the SCOTUS.

[Kablooie]

34. He hopes to delay it until the next Republican president pardons him.

[LetMyPeopleVote]

35. Appeals court *grants* DOJ motion to expedite appeal of Judge Cannon's order

Link to tweet

[pnwmom]

36. Thanks! nt