Would one of the lawyers be so kind to explain the “likely to win the appeal on the merits,” criteria for a judge to stay their own orders?
Who is going to be honest enough to admit that their decision is more than likely going to be overturned by the next higher court? If a judge thinks the appeals court is going to overrule them before they’ve even entered their ruling, shouldn’t they enter a different ruling? Controlling precedent and what not? Seems like a meaningless step, as the trial judge is always going to say, “I ruled correctly, so I think you’ll lose on the merits on appeal; no stay.”
You've got it backwards. As Cannon says, the burden is on the DoJ. DoJ must convince the judge in this case that DoJ is likely to win on appeal. It's an unusual situation, asking a judge to stay her own order.
In discussing harm to the government from "disclosures", Cannon specifically raises the "unfortunate[] ... leaks to the media". Obviously she finds DoJ totally untrustworthy.
"First, there has been no actual suggestion by the Government of any identifiable emergency or imminent disclosure of classified information arising from Plaintiff’s allegedly unlawful retention of the
seized property. **Instead, and unfortunately, the unwarranted disclosures that float in the
background have been leaks to the media after the underlying seizure."**
I have long believed that the primary purpose of the FBI getting dirt on politicians was to blackmail them, and that Trump refused to be blackmailed because he did nothing wrong. The Government has failed us, see Hunter Biden, Hillary, Anthony Wiener, etc, and the Special Counsel is moving at a pace that makes a glacier look like a waterfall. Now we have the judiciary involved, and does the FBI have blackmail on all of them? Is it possible that judges could save the Republic? It's coming down to them.
Reading Comey’s memos of his meetings with Trump—once you get past the rhetorical autofellatio—one comes away with the strong impression that Comey was trying to lay down the law a la J. Edgar Hoover when he famously visited the Kennedy White House for the first time, reportedly with the FBI’s JFK dossier, which included FBI recordings of then Ensign Kennedy and a very attractive young Nazi spy in DC in 1942.
His father arranged his command of PT109 to get him away from potential scandal. Hoover apparently blackmailed JFK with the information in order to maintain his control of the FBI as his independent fiefdom within the government, and the information wasn’t revealed until years after both mens’ deaths.
Comey’s palpable shock at Trump’s request for an investigation into the Steele Dossier that comes through even in his self-serving notes is evident, and an obvious contrast to the Hoover-JFK story. He had to improvise one crappy excuse after another, and use all his lawyerly obfuscation skills as to what the FBI was or wasn’t investigating.
He thought he could extort the new POTUS a la Hoover, only to discover that his blackmail material was all bullshit. That’s where I think the real rub of Russiagate is—these people started to believe their own bull—“we’re hearing so much incredible stuff; surely some of it must be true, where there’s smoke, there must be fire, etc. and so forth.” Deep State will extort Bad Orange Man and enjoy total independence—“what, he’s not afraid of any of our blackmail material; our plan is kaput, we have to improvise?!”
Personally, I believe that by the time that meeting took place--first week of Jan 2017--Comey would have known beyond a doubt that the Steele stuff was total BS. I would guess that he and others were hoping that the threat of constant allegation and investigation--especially of so salacious a nature--would scare Trump off from inauguration.
I have thought so many times, as many on this blog, that Justice was finally going to be served, only to find myself disappointed because of another corrupt agency or nefarious deep state bureaucrat reaching out and snatching defeat from the jaws of victory. Not to mention betrayal by those who are supposed to be on our side.
Weismann has been gleeful about Judge Dearie on Twitter. It is so weird how they bark to the world things to the effect of “this guy is one of ours and Trump is screwed now.” I paraphrase of course.
Would one of the lawyers be so kind to explain the “likely to win the appeal on the merits,” criteria for a judge to stay their own orders?
Who is going to be honest enough to admit that their decision is more than likely going to be overturned by the next higher court? If a judge thinks the appeals court is going to overrule them before they’ve even entered their ruling, shouldn’t they enter a different ruling? Controlling precedent and what not? Seems like a meaningless step, as the trial judge is always going to say, “I ruled correctly, so I think you’ll lose on the merits on appeal; no stay.”
You've got it backwards. As Cannon says, the burden is on the DoJ. DoJ must convince the judge in this case that DoJ is likely to win on appeal. It's an unusual situation, asking a judge to stay her own order.
I missed this in my rush last night, but Margot Cleveland didn't:
https://thefederalist.com/2022/09/16/trump-scores-two-huge-victories-in-fight-for-special-master/
In discussing harm to the government from "disclosures", Cannon specifically raises the "unfortunate[] ... leaks to the media". Obviously she finds DoJ totally untrustworthy.
"First, there has been no actual suggestion by the Government of any identifiable emergency or imminent disclosure of classified information arising from Plaintiff’s allegedly unlawful retention of the
seized property. **Instead, and unfortunately, the unwarranted disclosures that float in the
background have been leaks to the media after the underlying seizure."**
I have long believed that the primary purpose of the FBI getting dirt on politicians was to blackmail them, and that Trump refused to be blackmailed because he did nothing wrong. The Government has failed us, see Hunter Biden, Hillary, Anthony Wiener, etc, and the Special Counsel is moving at a pace that makes a glacier look like a waterfall. Now we have the judiciary involved, and does the FBI have blackmail on all of them? Is it possible that judges could save the Republic? It's coming down to them.
Reading Comey’s memos of his meetings with Trump—once you get past the rhetorical autofellatio—one comes away with the strong impression that Comey was trying to lay down the law a la J. Edgar Hoover when he famously visited the Kennedy White House for the first time, reportedly with the FBI’s JFK dossier, which included FBI recordings of then Ensign Kennedy and a very attractive young Nazi spy in DC in 1942.
His father arranged his command of PT109 to get him away from potential scandal. Hoover apparently blackmailed JFK with the information in order to maintain his control of the FBI as his independent fiefdom within the government, and the information wasn’t revealed until years after both mens’ deaths.
Comey’s palpable shock at Trump’s request for an investigation into the Steele Dossier that comes through even in his self-serving notes is evident, and an obvious contrast to the Hoover-JFK story. He had to improvise one crappy excuse after another, and use all his lawyerly obfuscation skills as to what the FBI was or wasn’t investigating.
He thought he could extort the new POTUS a la Hoover, only to discover that his blackmail material was all bullshit. That’s where I think the real rub of Russiagate is—these people started to believe their own bull—“we’re hearing so much incredible stuff; surely some of it must be true, where there’s smoke, there must be fire, etc. and so forth.” Deep State will extort Bad Orange Man and enjoy total independence—“what, he’s not afraid of any of our blackmail material; our plan is kaput, we have to improvise?!”
Personally, I believe that by the time that meeting took place--first week of Jan 2017--Comey would have known beyond a doubt that the Steele stuff was total BS. I would guess that he and others were hoping that the threat of constant allegation and investigation--especially of so salacious a nature--would scare Trump off from inauguration.
Exactly!
I am guarded in my optimism over this ruling.
I have thought so many times, as many on this blog, that Justice was finally going to be served, only to find myself disappointed because of another corrupt agency or nefarious deep state bureaucrat reaching out and snatching defeat from the jaws of victory. Not to mention betrayal by those who are supposed to be on our side.
Happy to be wrong about this one though.
Weismann has been gleeful about Judge Dearie on Twitter. It is so weird how they bark to the world things to the effect of “this guy is one of ours and Trump is screwed now.” I paraphrase of course.
In a word this is . . . EXCELLENT!
Weissmann, et al, are in high dudgeon tonight.
It seems the judge has struck a sensitive nerve. The desperation is palpable in their hysterical tweets.
Always good to hear