Trump's Classified Docs Theft: Mar-A-Lago, FBI Subpoenas, Searches & Seizures - DOJ, Garland, GOP Madness - Spy Hard

[Ben-Prime]

Now the former guy just needs to allocate some of the free office space at T Tower, then his legal team can relocate early and camp out in NYC, work thru the weekend, file electronically by high noon and take the Uber to court.

And charge his legal team rent for it against their fees, don't forget.

[realist]

Speaking of Kise and the $3M payment, Neil Katyal was on MSNBC earlier this week and pointed out that this was a staggering figure for even the biggest cases. I don't think it's clear if this was a retainer in case he got stiff, or if those fees were already racked up for services rendered.

I’m guessing it’s a retainer because Trump.

That said I find it hard to believe Katyal stated that’s a staggering figure for even the biggest cases. Not even close. I’ve been involved in many cases over the years where I know the attorney fees were well in excess of $3M. Heck I’ve been involved in a few where the SECR fees were in the 7 figures.

I also believe if it’s a retainer it will be eaten up very quickly.

[Tiredretiredlawyer]

Ben-Prime:

And charge his legal team rent for it against their fees, don't forget.

[Frater I*I]

Ben-Prime:

And charge his legal team rent for it against their fees, don't forget.

With Zee Furher, mysteriously the rent charged will far exceed any legal fees....

[Tiredretiredlawyer]

[Mr brolin]

Speaking of Kise and the $3M payment, Neil Katyal was on MSNBC earlier this week and pointed out that this was a staggering figure for even the biggest cases. I don't think it's clear if this was a retainer in case he got stiff, or if those fees were already racked up for services rendered.

I’m guessing it’s a retainer because Trump.

That said I find it hard to believe Katyal stated that’s a staggering figure for even the biggest cases. Not even close. I’ve been involved in many cases over the years where I know the attorney fees were well in excess of $3M. Heck I’ve been involved in a few where the SECR fees were in the 7 figures.

I also believe if it’s a retainer it will be eaten up very quickly.

Ditto,

Back in "the day" the org I was working at was involved in a nasty sexual discrimination class action lawsuit ( one person had been shabbily treated the law firm involved tried to recruit a mass of others in the org to be mostly told to F'off).

I was heavily involved in the e-discovery side of things and saw lawyers bills in my side alone well north of this.

[Foggy]

It would be irresponsible not to speculate about Judge Dearie, who is the special master (but is not the judge on the case, of course, that's Cannon).

First thing, he's a highly respected lawyer and judge, with a truly impressive résumé, but you can check around. But that makes me suspect that he knows how bad Judge Cannon’s order is, and we'll have to see what comes of that. He may say he's taking the job but we're doing things his way or the highway, and his way might not be the same as Judge Loose.

Second, if he really is a Reagan Republican, and since he spent all those years in Noo Yawk City, there's a good chance he already despises Trump and has been too polite to say so in public. Nobody in Noo Yawk likes Trump. Ronald Reagan would have despised Trump. If there are sane Republicans left, maybe Judge Dearie is one of them.

So it's possible, maybe even likely, that we're going to see some fireworks there. And I think we may get a ruling on the Motion for Partial Stay before the end of the week. The 11th Circuit issued a deadline for the opposition brief, but what about a reply to the opposition, from the government? Was that ordered, and what does it mean if they don't need to see a reply brief?

Dare I hope that the court ordered an accelerated opposition and no reply brief because it plans to issue the stay?

[Dave from down under]

Judge Loose is busy writing the opposition brief to the stay...

[neeneko]

First thing, he's a highly respected lawyer and judge, with a truly impressive résumé, but you can check around. But that makes me suspect that he knows how bad Judge Cannon’s order is, and we'll have to see what comes of that. He may say he's taking the job but we're doing things his way or the highway, and his way might not be the same as Judge Loose.

Second, if he really is a Reagan Republican, and since he spent all those years in Noo Yawk City, there's a good chance he already despises Trump and has been too polite to say so in public. Nobody in Noo Yawk likes Trump. Ronald Reagan would have despised Trump. If there are sane Republicans left, maybe Judge Dearie is one of them.

Wasn't he one of Trump's suggestions though? I know his lawyers do not have a reputation for being all that good, but one would think that when asked to submit only two possible names they would select someone they were pretty sure would be in their camp, no?

[Dave from down under]

Ah…

But his lawyers aren’t good..

They may well have stuffed selection up as well..

[Kendra]

[chancery]

The 11th Circuit issued a deadline for the opposition brief, but what about a reply to the opposition, from the government? Was that ordered, and what does it mean if they don't need to see a reply brief?

Dare I hope that the court ordered an accelerated opposition and no reply brief because it plans to issue the stay?

Unless there's been something new, the 11th Circuit said nothing to alter FRAP 27(a)(4), which provides: “Any reply to a response must be filed within 7 days after service of the response." And while I too have fantasies about a circuit slap already being drafted for release on Tuesday at 2:00 pm (and a pony -- h/t Belle Waring & John Holbo), a reply brief can be crucial when you're dealing with lying bullshitters (both terms applicable here).

In light of the order shortening Trump's response time from 10 days to four, I imagine that the government would be well advised to get its reply in by Wednesday morning at the latest, Tuesday night if possible.

[Maybenaut]

The 11th Circuit issued a deadline for the opposition brief, but what about a reply to the opposition, from the government? Was that ordered, and what does it mean if they don't need to see a reply brief?

Dare I hope that the court ordered an accelerated opposition and no reply brief because it plans to issue the stay?

Unless there's been something new, the 11th Circuit said nothing to alter FRAP 27(a)(4), which provides: “Any reply to a response must be filed within 7 days after service of the response." And while I too have fantasies about a circuit slap already being drafted for release on Tuesday at 2:00 pm (and a pony -- h/t Belle Waring & John Holbo), a reply brief can be crucial when you're dealing with lying bullshitters (both terms applicable here).

In light of the order shortening Trump's response time from 10 days to four, I imagine that the government would be well advised to get its reply in by Wednesday morning at the latest, Tuesday night if possible.

Sometimes it's easy to draft a reply brief (or at least the bones of one) before you know what you're replying to, and sometimes it's not. Sometimes I forego them, particularly if the only thing I can really say is '"Is too!" in response to the government's "Is not!"

But I would expect a reply in this case. Trump's lawyers are going to parrot opinion of the district court judge, and that's really what the government has to attack anyway.

[tek]

Oh crap, it looks like DJT Is returning to Palm Beach County about the same time we are. '

Luckily, we are unlikely to cross paths; this should help keep me out of jail.

[jcolvin2]

Luckily, we are unlikely to cross paths; this should help keep me out of jail.

Don't sign any declarations proffered by strangers in suits!

[noblepa]

Now the former guy just needs to allocate some of the free office space at T Tower, then his legal team can relocate early and camp out in NYC, work thru the weekend, file electronically by high noon and take the Uber to court.

He's not going to give them free office space. He will charge them over-market rates, let them put it on their bill and then pay that bill with money donated to his PAC. That way, the money finds its way into his pockets.

Heck, he wouldn't even give the Secret Service free space when he was running and after he became president.

[noblepa]

Is it even legal for TFG to use his Super PAC's money for this?

It's so sweet that you think that might be a remotely relevant question in Trumpworld!

Oh, I realize that the denizens of Trumpworld couldn't care less whether something is legal or not, but some of us in the real world do care. I'm not that naive.

Hopefully, some LEOs in the real world care, as well.

As I said, the rules about what can be done with a PAC's money change if/when TFG formally announces his candidacy. That may be one reason for the huge retainer (if that's what it was). Maybe he knows that after he announces, he can't use the PAC money for that, so he's, in effect, prepaying his legal fees with PAC money while he legally can.

[Gregg]

Is it even legal for TFG to use his Super PAC's money for this?

It's so sweet that you think that might be a remotely relevant question in Trumpworld!

Oh, I realize that the denizens of Trumpworld couldn't care less whether something is legal or not, but some of us in the real world do care. I'm not that naive.

Hopefully, some LEOs in the real world care, as well.

As I said, the rules about what can be done with a PAC's money change if/when TFG formally announces his candidacy. That may be one reason for the huge retainer (if that's what it was). Maybe he knows that after he announces, he can't use the PAC money for that, so he's, in effect, prepaying his legal fees with PAC money while he legally can.

Actually, as soon as he declares the PAC money is absolutely off limits and he'll have to raise money for a separate fund to support a candidacy. About the only thing a PAC cannot do is have anything to do with specific candidate and he'll have to get someone else to run it for him. (sounds like a good job for a son with a coke problem who needs a job and will do what he's told)

[Ben-Prime]

First thing, he's a highly respected lawyer and judge, with a truly impressive résumé, but you can check around. But that makes me suspect that he knows how bad Judge Cannon’s order is, and we'll have to see what comes of that. He may say he's taking the job but we're doing things his way or the highway, and his way might not be the same as Judge Loose.

Second, if he really is a Reagan Republican, and since he spent all those years in Noo Yawk City, there's a good chance he already despises Trump and has been too polite to say so in public. Nobody in Noo Yawk likes Trump. Ronald Reagan would have despised Trump. If there are sane Republicans left, maybe Judge Dearie is one of them.

Wasn't he one of Trump's suggestions though? I know his lawyers do not have a reputation for being all that good, but one would think that when asked to submit only two possible names they would select someone they were pretty sure would be in their camp, no?

Unless it's already come up due to the time zone difference (I sleep while y'all are busiest, it seems), Axios has a supposition about this that Dearie is believed from his time on the FISA court to be 'suspicious' of the FBI.

https://www.axios.com/2022/09/18/trump- ... bi-skeptic

[Ben-Prime]

Actually, as soon as he declares the PAC money is absolutely off limits and he'll have to raise money for a separate fund to support a candidacy. About the only thing a PAC cannot do is have anything to do with specific candidate and he'll have to get someone else to run it for him. (sounds like a good job for a son with a coke problem who needs a job and will do what he's told)

It will be renamed to the "LOVE ME, DADDY!" PAC.

[Foggy]

Unless there's been something new, the 11th Circuit said nothing to alter FRAP 27(a)(4), which provides: “Any reply to a response must be filed within 7 days after service of the response." And while I too have fantasies about a circuit slap already being drafted for release on Tuesday at 2:00 pm (and a pony -- h/t Belle Waring & John Holbo), a reply brief can be crucial when you're dealing with lying bullshitters (both terms applicable here).

Thanks, chancery. I am sticking with my fantasy, because I think the 11th Circuit is clearly accelerating the resolution of the Motion for Partial Stay, but if they didn't shorten the time to see a reply brief, I suspect they're planning to rule without one. Which makes me think they only gave Trump four days because they don't care what he says.

In light of the order shortening Trump's response time from 10 days to four, I imagine that the government would be well advised to get its reply in by Wednesday morning at the latest, Tuesday night if possible.

Absolutely, never miss a chance to bolster your case.

I'm also fantasizing that Judge Dearie orders Trump to submit an affidavit under penalty of perjury detailing exactly which documents he claims he declassified, and what process he used to declassify them. That would really help him do the job as special master, yesno?

[Foggy]

Sometimes it's easy to draft a reply brief (or at least the bones of one) before you know what you're replying to, and sometimes it's not. Sometimes I forego them, particularly if the only thing I can really say is '"Is too!" in response to the government's "Is not!"

That was my approach in civil cases, too also.

But I would expect a reply in this case. Trump's lawyers are going to parrot opinion of the district court judge, and that's really what the government has to attack anyway.

Yes, the government seems to be 1) moving very quickly, and 2) doing a great job of writing, and 3) never missing a chance to submit additional information. After what I've seen in the past few weeks, I expect the government to file anything it can, as fast as it can, and what they file will be first class litigation. The stuff I've read thus far has been very, very enjoyable to read. These people are gladiators of the mind, which is what the best lawyers are.

Edit: Yanno, some of the lawyers in the DOJ saw all this coming when they decided to execute the search. Anyone who thought about how Trump would react probably saw a lot of this in advance, and it helped that Trump waited two weeks before doing anything at all. I bet he hated paying that $3 million, more than he hates Hillary.

[Foggy]

Unless it's already come up due to the time zone difference (I sleep while y'all are busiest, it seems), Axios has a supposition about this that Dearie is believed from his time on the FISA court to be 'suspicious' of the FBI.

Oh boy.

Honestly, that's what prompted Trump’s lawyers to pick him?

Gosh, so he's capable of deciding whether the FBI did a good job here or not. He's gonna be furious that the agents didn't take off their shoes while they were ransacking Trump's personal bedroom, my god the horror, the very horror!

Or maybe he can also tell when the FBI is doing what it is supposed to do, and maybe he understands how fucking dangerous it is for Trump to have any classified documents at all.



I think that's the dumbest supposition on record. Unbelievable. Surreal.

[Tiredretiredlawyer]

Luckily, we are unlikely to cross paths; this should help keep me out of jail.

Don't sign any declarations proffered by strangers in suits!

Hide your cell phone(s). Turn off navigation services.

[Chilidog]

He's gonna be furious that the agents didn't take off their shoes while they were ransacking Trump's personal bedroom, my god the horror, the very horror!

My thought when I first read that statement from the shit gibbon was that the FBI should have worn Type A, fully encapsulated hazmat suits.