TFG Is Having Another Bad Day "He hasn't merely lost, he really most sincerely lost"

[kpete]

We have a decision in Trump's appeal of the trial court's refusal to grant him a preliminary injunction to keep the White House records out of the hands of the select committee.

I'm reading it now.

Spoiler: He didn't break his losing streak.

1/

When you're trying to get a preliminary injunction, and the court leads with this, you know you're in trouble.

Trump had to meet each of these elements: Screenshot #1.

Here's what the court said: Screenshot #2

He needed to show all 4.
He showed 0.

https://s3.documentcloud.org/documents/21151604/12-9-21-dc-circuit-opinion-trump-v-thompson.pdf

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[berni_mccoy]

1. She can't imagine SCOTUS touching that decision...

Unfortunately that’s not the reality we live in anymore.

Fortunately Robert’s gets to decide if they do and I think he is loathe to look political. It takes 4 justices to hear a case, 5 to grant a stay, and I think Robert’s is unlikely to vote to stay.

That said, we live in a bizarro universe.

[brewens]

2. I guess we'll find out. I can see the SCOTUS blocking the release, because they can. I know they are

expected to by TFG and his collaborators.

[Fiendish Thingy]

4. The cons on SCOTUS have loyalty to their ideology, not to Trump

They ignored his appeals on election fraud, they’ll ignore this.

[FalloutShelter]

9. Harry Litman said, last night,

he does not think the SCOTUS will take this.

Besides the fact that there is absolutely NO legal merit to the argument, he felt that
the court would not want their fingerprints all over the weapon that killed the 1/6 Committee.

It was an interesting take.

As you say... they are loyal to the ideology and not to Trump. They have a lifetime appointment now, and the court still maintains a shred of credibility. Why would they throw that away for a LOSER?... an unemployed LOSER.

He makes a good point.

[vlyons]

8. I don't think SCOTUS gives a rat's ass about Trump

He ain't POTUS anymore, and they can't be fired. They are justices for life, or until they retire. The current majority do care about abortion, and probably letting states suppress voting, and letting corporations run amok with as few regulations as possible. But Donald Trump? I suspect, that just like us, when he appears on TV that they change the channel,

[NanceGreggs]

11. What's he gonna do? Fire them?

SCOTUS justices are untouchable. They don't owe Trump anything - and they know that, even if he doesn't. He has absolutely no leverage here - and neither does the GOP.

Simply refusing to hear the case is the obvious choice. The Trump appointees protect their individual legacies by not coming off as political operatives, but instead as judges acting independently of political concerns.

While presidents appoint SCOTUS judges based largely on their appointees being politically like-minded, once seated those judges are not subject to being removed if they render decisions unpopular with either party.

Trump's mistake was believing that his appointees "owed him", and would do his bidding as a result thereof. But they have absolutely no reason to do so, because there are no consequences if they don't.

[Fiendish Thingy]

3. The court did grant a 14 day stay pending appeal to SCOTUS

Which means the documents could be released as early as Christmas Eve…

[Boomerproud]

12. Then release the documents !

[Fiendish Thingy]

18. The stay blocking the release is in place until Dec. 23.

If SCOTUS doesn’t accept the appeal, or at least grant a stay while considering the appeal, then the documents are free to be released on Dec. 24.

[Effete Snob]

21. That is not correct

If the Supreme Court accepts the appeal, then the documents will not be released until the Supreme Court rules on the motion for the injunction.

https://www.cadc.uscourts.gov/internet/opinions.nsf/913002F9EFB94590852587A60075CC4F/$file/21-5254-1926128.pdf

Last footnote:


This court’s administrative injunction, entered November 11,
2021, will be dissolved in 14 days, reflecting the amount of time the
former President’s counsel requested to file a petition for a writ of
certiorari and an accompanying motion for an injunction pending
review with the Supreme Court. See Oral Arg. Tr. 152:21–23. But
if such a motion is filed, the administrative injunction will dissolve
upon the Supreme Court’s disposition of that motion.

[Effete Snob]

17. They would only be released if an appeal to SCOTUS is not filed

I doubt that Trump is not going to file that appeal.

They were given 14 days to file it. At this point they aren't going to say, "Oh, gee, let's give up."

Secondly, this is about providing the documents to the committee, not the public.

[Fiendish Thingy]

19. No the stay expires in 14 days regardless of whether Trump appeals to SCOTUS

SCOTUS would have to grant their own stay pending appeal. Trump’s filing of an appeal does NOT automatically extend the stay. The appeals court merely gave him a window to file for relief, and did not guarantee relief beyond December 23.

[Effete Snob]

20. No, that is not what the order says

Please refer to the final note in the decision:

https://www.cadc.uscourts.gov/internet/opinions.nsf/913002F9EFB94590852587A60075CC4F/$file/21-5254-1926128.pdf

This court’s administrative injunction, entered November 11,
2021, will be dissolved in 14 days, reflecting the amount of time the
former President’s counsel requested to file a petition for a writ of
certiorari and an accompanying motion for an injunction pending
review with the Supreme Court. See Oral Arg. Tr. 152:21–23. But
if such a motion is filed, the administrative injunction will dissolve
upon the Supreme Court’s disposition of that motion.

If that language is not clear to you, what it says is:

"This court's administrative injunction.." - i.e. the stay of the District Court order compelling production of the documents

"...will be dissolved in 14 days...." - Trump is given 14 days to file a continued motion for injunction with the Supreme Court

"But if such a motion is filed, the administrative injunction will dissolve upon the Supreme Court's disposition of that motion." - i.e. as soon as the Supreme Court rules one way or the other, then the Circuit Court's stay of the District Court order will dissolve.

The appeals court ruling most certainly does guarantee that the injunction will remain in place until the Supreme Court rules on the matter.

[Fiendish Thingy]

22. SCOTUS Doesn't have to rule to dispose of the appeal

They can deny cert, or simply not take it up via the “shadow docket” as they did with the Challenge to the Texas abortion, which resulted in the stay expiring.

[Effete Snob]

24. That is irrelevant to the point

The only way the stay expires in 14 days is if nothing is filed with the Supreme Court within 14 days.

It is certain that an appeal will be filed within 14 days. Once that happens, the injunction stays in place until the Supreme Court disposes of it, by whatever mechanism.

You had said, "the stay expires in 14 days regardless of whether Trump appeals to SCOTUS." That is simply not correct.

The stay remains in place when Trump files the appeal, and does not expire until the Supreme Court decides what it wants to do with it, either by deciding not to take it up, or by deciding to hear it and rule on it. But it does not expire "in 14 days regardless of whether Trump appeals to SCOTUS".

[Lovie777]

5. shithole will and probably have instructed his effed up cult . . . .

to cause more pain and suffering and deaths in order to evade any consequences he created to harm the United States of America.

In other words, more hell will come from his cult.

[CrispyQ]

7. Every day I hope this is the day that he dies.

Too bad covid didn't take him out.

[mobeau69]

15. Yep, I'm so ready to party. 😎

[CrispyQ]

6. Let's hope Roberts doesn't want to be tainted by orange. -nt

[colsohlibgal]

10. But....

I’ll believe he really lost when I see him perp walked into Prison, his constant game for years has been delay, delay, then delay some more.

[KY_EnviroGuy]

13. Teri Kanefield is a treasure for democracy.

Thanks for posting this kpete.


KY...........

[Wounded Bear]

14. If there is any justice in the world, the SC will sniff the appeal and toss it...

But appealing to justice with this SC panel seems a bit of a hopeless endeavor.

[NanceGreggs]

16. I forget who said it ...

... but when Trump left the WH, someone said he'll never have another 'good' day in his life - and they were right.

Legal woes, financial woes, judges deciding against him in court, multi-million dollar loans coming due - even his precious Ivanka keeping her distance.

All he's got left is the spineless ass-kissers - and having people like Cancun Cruz, Marjorie "Jewish Space Laser" Greene, and My-Pillow Lindell on your side isn't exactly the Dream Team that's going to save him from political/financial ruin.

"Never another good day" pretty well sums it up.

[pecosbob]

23. Loved that the judge slipped in that 'superior assesment of Executive Branch interests' insult.

[Hekate]

25. Very witty Literally LOL