Saturday, October 22, 2022

Again, A Bevy Of Former Federal Prosecutors Have Filed A Humdinger Of An Amici Brief, Against Cannon, And Tangerine In The 11th...


Again overnight, the dozens of former US prosecutors (both Ds and Rs) have filed a muscular brief to oppose Tangerine's efforts to avoid the natural consequences of flauting dozens of criminal (federal felony) statutes, through the wholly-supine USDC Judge Aileen Cannon's unhinged trial court rulings. To re-tool a long out of date phrase (since we've already referenced Abbott and Costello this morning!). . . it is a. . . HUMDINGER! Heh.

Do go read all 29 pages -- but this is the main theme. It is clearly correct; Tangerine will lose this appeal:

. . .The district court’s order repeatedly granted the plaintiff in this case, former President Donald J. Trump, procedural rights and protections that are not afforded to other criminal defendants and subjects of criminal investigations. This special treatment of one private citizen by virtue of his former status runs contrary to well-established caselaw. But, even more important, the analysis employed by the district court is antithetical to the central principle in this country that everyone should be treated equally by the law. . . .

[In addition,] well-established caselaw. . . holds that a threat of future prosecution and potential reputational injury is never sufficient to establish irreparable injury. . . .

In the decades of experience Amici collectively have in state and federal law enforcement, Amici have never observed a court treat the subject of a criminal investigation with such solicitude simply because the subject used to be a public official. In Amici’s experience, it is critical to the rule of law that the subjects of criminal investigations be treated equally, regardless of their former occupation. . . .


Now you know. With the "grown folk's pumpkin carving competition" tomorrow afternoon, and a pot roast feast, thereafter! I think there will be martinis -- too, but I'll have a fine root beer float. Grinning, here. . . .

नमस्ते

4 comments:

Anonymous said...

no root-beer float until he is indicted...that's the bet...~!

condor said...

Hah! Fair enough, Anon.!

I think it is a "when" issue, now post mid-term election day. . . and not an "if" issue. . . .

That is, I can already taste that creamy vanilla laced. . . foam.

Namaste. . . .

condor said...

New order, from the USDC Magistrate Judge, overnight:

. . .Pursuant to the parties' Joint Supplement, ECF No. [158], [Donald Trump] Plaintiff has withdrawn any claims of attorney-client privilege and/or attorney work product doctrine as to Documents 5, 8, 10, 12, 13, 19, 20, 21, and 22 in the Filter Materials Log. The Privilege Review Team is directed to provide these documents to the Case Team immediately, no later than October 27, 2022. The Case Team and Plaintiff are to attempt to resolve or narrow any disputes regarding executive privilege and/or the Presidential Records Act. A complete log of any disputes regarding these documents shall be filed by November 12, 2022.

The Privilege Review Team is directed to return the original copies of Document 17 and Document 18 to Plaintiff immediately, no later than October 27, 2022.

Finally, the parties' proposed briefing schedule on global issues, ECF No. [161], is approved. Principal briefs are due on or before November 8, 2022. Responsive briefs are due on or before November 12, 2022.

Signed by Special Master Raymond J. Dearie on 10/26/2022
. . . .

Tangerine? Flat out of runway.

condor said...

The things returned are primarily press clippings and framed photos. . . .

H I L A R I O U S