northland10 wrote: ↑Thu Sep 22, 2022 10:47 pm
Foggy wrote: ↑Thu Sep 22, 2022 7:44 pm
Maybenaut wrote: ↑Thu Sep 22, 2022 6:09 pm
Isn’t there already a denied motion to dismiss pending at the 11th Circuit?
Upon further investigation, I'm pretty sure there hasn't been a Motion to Dismiss yet. If so, we haven't discussed it.
I don't see an MTD on the CourtListener docket, though with all the amici, attorney appearances, and the loons, it would be easy to miss.
For completeness, here was the original request from the "complaint."
CONCLUSION
For the foregoing reasons, President Donald J. Trump respectfully requests that this Court issue an order that: (a) appoints a Special Master; (b) enjoins further review of seized materials by the Government until a Special Master is appointed; (c) requires the Government to provide a more detailed Receipt For Property; and (d) requires the Government to return any item seized that was not within the scope of the Search Warrant.
Here is the docket for those who like horror shows.
https://www.courtlistener.com/docket/64 ... ed-states/
Ordinarily, I would not quote the entire post, but it's complete in the sense that it explains why I am withdrawing both of my official predictions and flushing them down the potty.
1. I predict the DOJ will file a Motion to Dismiss in Judge Cannon’s court, maybe as soon as mañana, but there's no rush. It will incorporate direct quotes from the 11th Circuit ruling last night, and will argue that Judge Cannon lacks jurisdiction to proceed, and,
Withdrawn and flushed, buh bye.
Based on what Northland10 has gotten from the original filing, it's clear that the ENTIRE CASE is on appeal to the 11th Circuit, so there's no option for asking Judge Cannon to dismiss the case. In theory, the Clerk of the District Court is preparing the record on appeal and all that stuff, and a briefing schedule will eventually be imposed, but it's out of Judge Cannon’s court now.
2. I predict that Trump’s attorneys will file a Motion for a Partial Stay of Judge Dearie's Case Management Plan in Judge Cannon’s court, insofar as he ordered them to specify evidence claims. The declaration Judge Dearie ordered them to file isn't due until September 30th, so they have a little time. Not much, but a little.
Withdrawn and flushed, buh bye some more.
Same deal, this case is in the 11th Circuit now and I suppose Trump’s lawyers could ask the appeals court for help against mean ol' Judge Dearie, but nope.
That doesn't prevent them from trying, but it flushes my prediction. I don't think they will go crying to Cannon OR the 11th Circuit, but I suspect instead they will try to play games with Judge Dearie. That's not a prediction either. I'm fresh out of predictions, for now.