Patterico's Pontifications

9/21/2022

11th Circuit Delivers an Elegant Beatdown to Judge Cannon

Filed under: General — Patterico @ 6:45 pm



The 11th Circuit has reversed Judge Aileen Cannon and granted the Department of Justice’s motion for a limited stay of her order as to 100 documents marked classified. The order is here.

The quick summary: Trump and Judge Cannon are wrong about everything that went up on appeal. Everything. This elegant opinion expeditiously, politely, and succinctly dismantles every single justification Judge Cannon offered for denying the requested stay. Every, Last. One.

It’s a beatdown that is somehow more devastating because of its restraint. There is no sarcasm and no rhetorical flourish. Just: “wrong, wrong, wrong, and wrong again, for these simple, straightforward, easy-to-understand reasons.” Judge Cannon should have stopped when she determined that the government had not displayed a callous disregard for Trump’s rights. But the court went on to decide that Judge Cannon had flubbed every single other factor of the relevant four-factor test, and not just that most important one.

In analyzing the second relevant factor, we now come to the “Always Trust Content from Patterico” part of the post. Here is me, on Twitter, a few days ago:

And here is the 11th Ciruit today:

The second Richey factor considers “whether the plaintiff has an individual interest in and need for the material whose return he seeks.” 515 F.2d at 1243. The district court concluded that Plaintiff had an interest in some of the seized material because it included “medical documents, correspondence related to taxes, and accounting information.” Doc. No. 64 at 9. But none of those concerns apply [that should be “applies” — grammar! — P] to the roughly one hundred classified documents at issue here. And the district court made no mention in its analysis of this factor as to why or how Plaintiff might have an individual interest in or need for the classified documents.

For our part, we cannot discern why Plaintiff would have an individual interest in or need for any of the one-hundred documents with classification markings.

As for Trump dancing around the declassification issue:

Plaintiff suggests that he may have declassified these documents when he was President. But the record contains no evidence that any of these records were declassified. And before the special master, Plaintiff resisted providing any evidence that he had declassified any of these documents. See Doc. No. 97 at 2–3., Sept. 19, 2022, letter from James M. Trusty, et al., to Special Master Raymond J. Dearie, at 2–3. In any event, at least for these purposes, the declassification argument is a red herring because declassifying an official document would not change its content or render it personal. So even if we assumed that Plaintiff did declassify some or all of the documents, that would not explain why he has a personal interest in them.

The court also found no irreparable harm to Trump and that he had an adequate remedy at law — all directly contrary to Judge Cannon’s most recent and completely bizarre order.

The court also found that the United States would suffer irreparable injury in the absence of a stay, and gently chided Judge Cannon for giving insufficient weight to the government’s affidavit explaining why a national security review was inextricably intertwined with the criminal investigation.

It’s a loss across the board for Trump and Judge Cannon, and ought to serve as a wake-up call for Cannon on the parts of her order that were not appealed. If she has any sense — and I’m not terribly certain about that, based on her orders — she should see this as a fairly stinging rebuke of the way she has handled this case so far.

My faith in the judiciary lives on for one more day.

President Putin’s Desperation Showing As He Threatens To Use Nuclear Weapons

Filed under: General — Dana @ 10:21 am



[guest post by Dana]

After suffering intense humiliation on the world stage due to Russia’s loss of a significant amount of territory to Ukraine, President Putin’s desperation is showing:

President Vladimir Putin ordered a Russian mobilisation to fight in Ukraine on Wednesday and made a thinly veiled threat to use nuclear weapons, in what NATO called a “reckless” act of desperation in the face of Russia’s looming defeat.

Flights out of Russia quickly sold out following the announcement of the country’s first military mobilisation since World War Two, a dramatic reversal after months in which Moscow had insisted its operation was “going to plan”.

Putin emphasized that he is not bluffing with regard to using nuclear weapons.

According to Russia’s defense secretary, an estimated 300,000 people would be mobilized.

Additionally, he plans to take steps to annex Ukrainian regions:

Putin effectively announced plans to annex four Ukrainian regions, saying Moscow would facilitate referendums in Ukraine’s Luhansk, Donetsk, Zaporizhzhia and Kherson regions on joining Russia. A day earlier, Russian-installed officials in the four regions announced plans for such votes this week, which Western countries denounced as shams.

Ukraine remains unmoved by Putin’s threats:

“Referendums and mobilization in the Russian Federation will not have any consequences, except for accelerating the collapse and revolution in Putin’s Russia,” said Oleksiy Arestovych, an adviser to Ukraine’s president, Volodymyr Zelensky.

All of this underscores Putin’s desperation and the narrowing of options available to him.

President Biden opened his speech this morning at the United Nations General Assembly by rightfully condemning Putin:

“Let us speak plainly: A permanent member of the United Nations Security Council invaded its neighbor,” Mr. Biden said, adding later, “This war is about extinguishing Ukraine’s right to exist as a state.”

He also excoriated the Russian president for threatening to use nuclear weapons, saying that “a nuclear war cannot be won and must never be fought.”

In light of Biden’s comments, there’s a bit of irony when one considers that the U.S. State Department approved issuing Russian Foreign Minister Sergei Lavrov

New York AG Files Civil Lawsuit: Trump Falsely Inflated His Worth By Billions of Dollars To Enrich Himself

Filed under: General — Dana @ 9:11 am



[guest post by Dana]

The announcement was made this morning:

New York’s attorney general filed a sweeping civil suit Wednesday against former President Donald Trump, his business, and his three eldest children.

James is seeking to permanently bar the Trumps from conducting business in New York and pursuing $250 million in penalties. The state attorney general’s office is also seeking the appointment of an independent monitor to “oversee compliance, financial reporting, valuations, and disclosures to l enders, insurers, and tax authorities at the Trump Organization” for at least five years.

“Trump falsely inflated his net worth by billions of dollars to further enrich himself and cheat the system,” NY AG Letitia James’ office said…”Mr. Trump and the Trump Organization repeatedly and persistently manipulated the value of assets to induce banks to lend money to the Trump Organization,” James said at a news conference announcing the civil action Wednesday.

You can find the lawsuit here.

P.S. Our host has thoughts about Leticia James and her involvement in the lawsuit against Donald Trump:

–Dana


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