Tuesday, November 27, 2018

[U -- On, To The Ninth, Then!] Judge Tigar Rightly Buries The Trump Lawyers' Nonsensical Positions, Tonight. Record Due By Noon, Manaña!


UPDATED: 11.30.2018 @ 8 PM EST -- Judge Tigar, just as we said he would -- has denied Trump's request to stay the November 19, 2018 order continuing that TRO, and now it is onward to the Ninth Circuit -- and an appeal -- while the preliminary injunction is reviewed. Here is that well-reasoned order.

As we said he would, this morning, the able Judge Jon Tigar has granted the scheduling portion. And as to the below, the 45 law team has filed an immediate appeal to the Ninth Circuit, seeking to stay the TRO. Y A W N. . . that too is definitively a loser (sez Condor).

Here now, is how the able Judge Tigar reacted to the pretzel logic -- of 45's lawyers, of this very morning (full PDF order) -- and the bit:

. . . .The parties also dispute whether Defendants must produce the administrative record. At the temporary restraining order hearing, Defendants acknowledged that one must be produced before any preliminary injunction hearing. ECF No. 45 at 57 (“This would be an administrative record case, Your Honor. The Court should -- if the Court were to grant a TRO in any sort of -- in any sort of respect, it should have administrative record and preliminary injunction briefing as expeditiously as possible to get this matter resolved.”).

Defendants now argue that they cannot produce the administrative record until they have “Plaintiffs’ position on whether resolution of Plaintiffs’ forthcoming preliminary injunction motion should be limited to the administrative record or whether Plaintiffs instead believe they may submit extra-record evidence in support of their motion.” ECF No. 48 at 3-4.

The objection is not convincing. Whether Plaintiffs will be able to submit extra-record evidence, if the parties dispute that point, will be resolved separately. In either event, the Defendants will need to produce the administrative record. They are ordered to do so by November 28, 2018 at noon.

IT IS SO ORDERED. . . .


Onward, to more likely lunacy from Trumpatopia, tomorrow -- as Manafort's lies more deeply imperil 45 -- since the latter likely cribbed his take-home test lies -- directly from the former (Manafort) -- unaware that Mr. Mueller likely already had independent proof (perhaps from Corsi, Flynn or Stone) that the Trump/Manafort story was riddled with lies. Charming, that. Trump cannot pardon himself, for charges against himself, stemming from completed lies he wrote down and swore to, under oath, to the Special Counsel.

नमस्ते

1 comment:

condor said...

Minor Update -- A little after noon, local in San Francisco, the parties have agreed to allow team Trump until 5 pm PST tomorrow, to file the much bally-hooed administrative record.

For each day team Trump slips beyond that date, the plaintiffs will gain a day's delay -- on their due date, for their opening memo of law / motion for preliminary injunction. That's accordingly re-scheduled for December 4. But it will likely end up being December 5 (or 6), by this agreement's terms.

Now you know.

Onward.