All the corruption the GOP has planned and put into place is working to perfection. |
I think you are overreacting a bit. Between the original pro se filing and the nature of the proceeding, it is appropriate for the judge to give a party an opportunity to address deficiencies in the original filing. This happens all the time, even when things are not such a mess (e.g., when federal judges issue show cause orders sue sponte asking plaintiffs to address jurisdictional issues like amount in controversy requirements that the court feels are not adequately addressed in the pleadings). Even for a judge inclined to rule against Trump on this, it makes sense to give him an opportunity to correct deficiencies to create a stronger record supporting a dismissal order on appeal. |
Or someone could have planned to use them to fund their lifestyle for the rest of their life. |
Injunctive relief is kind of implied, to halt the FBI’s review of materials seized pending appointment of a special master. I think this whole thing is garbage too, but it’s not helpful for people to spin out nonsense on the other side too. |
Trying to initiate a civil action without filing a complaint, when you are represented by counsel, strikes me as a bit more than a deficiency that can be corrected in a more typical case through an amended or supplemental complaint. |
You have to ask for the relief you want. They asked for injunctive, but didn’t ask for anything before judgment. He has attorneys. The pro se thing was just another one of their many mistakes. |
1. A litigant needs to request injunctive or other extraordinary relief. 2. A litigant needs to demonstrate a legal and factual predicate for injunctive or other extraordinary relief. This generally means citations to case law and affidavits. 3. It appears there was not even a passing effort to seek a TRO. TFG waited two weeks to file his “motion” and a response to a properly filed motion would not otherwise be due until 14 days after service, unless otherwise ordered. 4. Had TFG properly sued DOJ, the US would have been afforded 60 days to file a responsive pleading or move to dismiss, subject to the filing of a motion for injunctive relief. This is bizarro gamesmanship in an effort to get away from Reinhart. |
Which did not work because Reinhart was designated as the magistrate for this matter too. |
| So are they going to arrest him? |
He won’t actually get it unless Trump consents and he won’t. |
Yeah, that’s where I am. I am not even bothering laughing at his lawyers. Charges. Until then, this is all a distraction. |
My understanding is that if he were trying to file a motion for return of seized property under fed r crim p 43, that could be filed as a separate proceeding but would not be initiated with a complaint. But since there is no clear articulation of the jurisdictional basis or proper articulation of the relief sought, it cannot be assumed that’s what trump was trying to do here. All this goes to the bigger picture that this is a mess for a judge to rule on as is and why it is best for the court to ask for a supplemental filing. For instance, without a clear explanation of the jurisdictional basis for the matter, it would be nightmare for the court to dismiss for lack of jurisdiction because it basically would need to guess at all the possible grounds and then explain why they’re not met. But then if trump comes up with a new jurisdictional theory on appeal, it will get remanded for further consideration. By asking for an explanation, the court can hold trump to a specific theory. |
| This Trump judge is going to issue a broad PI that effectively stops the criminal investigation if FBI has not finished reviewing. She will then take lots of time to consider whether to appoint a special master and then will eventually appoint one. She’s setting that up here. Hope FBI is going overtime to get these docs reviewed. |
| I hope the FBI finishes their review in high speed. |
And get the material in front of the GJ in DC. The FL judge can issue all the orders to the FBI she wants, but GJ in DC is under the supervision of Chief Judge Howell. |