IANAL so I have no idea if this is good or bad newsâŚ
Also: anybody know if an appeal has been filed about the Deutsche Bank/Capital One stuff from yesterday? Havenât seen anything in the MSM⌠All I seem to recall is the request for a stay was rejected by the judge.
This is probably a reasonable compromise. Both sides get what is most important to them.
Why give the White House this concession ? It seems like the legal case is clear, and the House can ask that any appeals be expedited if the appeals court grants an emergency injunction. Not pressuring Mazarâs to provide the documents within five working days is just letting the WH delay the appeals application since there is now no pressure on them.
If you could, please explain what the WH hopes to achieve here - do they think theyâre going to win on appeal?
They hope to drag it out and run the clock.
This is a shit compromise from the House, delaying the appeals court process until July. And there would be the inevitable appeal to the Supremes after that.
Gives them time to figure out a way to prevail. They must not.
HmmmmâŚsuddenly delay isnât all that important anymore. Funny how that works, eh? Gosh, I wonder if someone might have foreseen this reversal when thinking about strategyâŚ
This is a win. The appeals court could have granted the stay anyway, while not fast-tracking the matter. Mehta and Ramos sent a clear message that this needs an expeditious resolution, both to the parties and the appeals court. This secures a quicker handling of the issue and seriously impairs any attempt by Trumpâs team to snub the final determination. The court will look at this as them agreeing to submit to it and wonât take kindly to them trying to back out if this doesnât work out the way they plan with the Fascist Five completing the destruction of the Constitution.
My thought on this is that Trump should be careful what he wishes for.
He just might get it.
The precedent has been set and the signal has been sent. Unless the judge in question for the appeal is a complete hack, thereâs no legal basis for what Trump is asking.
I hate to say it, but yeah, this is reasonable. I would have insisted a faster briefing schedule (2 weeks each instead of 3), but otherwise the briefing alone could have easily dragged this out well into the fall. The court of appeals might have denied Trumpâs motion to stay the district courtâs ruling, but a stay seemed more likely than not given the gravity of the case. So the House traded the possibility of getting the stay denied for the certainty of expedited briefing. Not perfect, but reasonable.
This strategy of accommodating Trump because it might help with cases down the road doesnât make sense when the final âdown the roadâ is the Trump-packed Supreme Court.
When you have a king high straight flush and the other side keeps raising the bet donât be afraid to stay in. Congress is working to get the federal courts on their side and the White House is helping them.
But as has been said before, does Roberts want his legacy to be that of the one that destroyed the Constitution? We wonât know until we get there.
No, it ensures that briefing will be complete in July instead of dragging out until god-knows-when. In the ordinary course of a normal federal appeal, youâre talking about a minimum of 6 months between the trial courtâs judgment and the completion of briefing, followed by more months of waiting until oral argument, then still more weeks or months before the appeal is finally decided. I would not expect the D.C. Circuit to let this case languish in light of the time sensitivities, but closing out briefing in July is a reasonable compromise.
Iâm guessing the deal is weâll agree to postpone your document production if youâll agree not to slow-walk the appeal.
In the meantime, New York state is going to allow state tax records out soon anyhow.
Because a stay is more probable than not â no federal appellate court is going to burn the Oval Office to the ground without hearing the full case on the merits â and the guarantee of expedited briefing is likely to shave many months off the case.
So since the SC adjourns at the end of June, theyâll have to do a special session to make any ruling? Thanks to all of you lawyers for putting up with us laypeople who know just enough to needle you âŚ
There is a tradeoff here.
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Trump is happy to ensure that there will be no document production till the fall at the earliest.
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The House is happy because itâs got an expedited hearing and because the Court would very likely have stayed the production of the documents in any case. Also, Trump has conceded that this case merits expeditious treatment. That will make it much harder for the Trump Court to slow-track this case.
Even so, the documents wonât see the light of day until late this year or the first half of next yearâelection year. Then there will be arguments and negotiations about the extent to which the House can make public the documents. And there will be a period for forensic study of the documents. And then there will be invitations to give evidence and subpoena battles. So, yeah, donât watch this space.
SCOTUS will deny hearing or schedule it to be heard pretty quickly. There will simply be no excuse for them doing otherwise in light of the two rulings now and the partiesâ agreement. Giving Trump a functional win by helping him delay just became a whole lot harder this week. Moreover, with Mazars agreeing to continue assembling its document production while the appeal is processed, there will be no excuse for anyone to request extra time for the documents to be produced after final determination.
It was going to be a tough climb getting it before SCOTUS before June recess anyway and, even if we did, it was a toss-up whether SCOTUS would schedule it immediately or for after the recess. They could have kicked it to after anyway. In that case, Mazars might have stopped work. Then, even if we won, SCOTUS could issue an order giving Mazars all sorts of time to produce the documents, giving the Dems far less time to review and act upon them.
Sure, to the extent the Fascist Five can fuck the country, they will, but securing a situation that makes it a lot harder for them to do so is a win, even if itâs not the perfect victory.
My guess is that Trump wants to kick it all the way up to the Supreme Court where âhis guyâ or âguysâ will take care of him.