#Trump's separate pres immunity motion hinges on this PRA argument. It's the "official act" underlying the immunity assertion. If #Cannon thinks it's a close call, that means a stay is likely coming.
When we eventually get to Trump's pres immunity assertion, even if Cannon denies it, she will stay the case unless she finds that the assertion is "frivolous." So today will be the early tell as to how she's leaning on this question. #legal#documents
"As novel and unprecedented as that claim is, the claim that he makes here is even more outlandish: that he is immune from crimes which...entirely post-date his term of office. Such a claim is not only unprecedented; it is entirely without basis in law."
Of course, Trump's PRA argument is completely frivolous, and should actually be scandalous if the press was doing its job.
Trump's lawyers are really arguing that he decided that several hundred highly classified intel reports were his "personal" records & that he had unfettered authority to do whatever he wanted with them.
Let that sink in.
Seems like it should be a bigger news story?
The sep "vagueness" motion will also be telling. This argument is routinely made in Espionage Act prosecutions & universally rejected… Will Cannon think she knows better than all these other courts?
@GottaLaff - I any one of the rest of us tried to pull this kind of stunt, we'd be in jail awaiting a very short trial. Most of us simply can NOT screw around with classified documents. How the fekk is tRump continuing to get special treatment???
@GottaLaff@Christopher_Perez
But not the appeals court or the entire judicial system. His influence will hit its limits, and this is SUCH an open-and-shut case. (We just need to be patient and defeat him in November, so he actually goes to trial.)
@colorfiend@GottaLaff@n1xnx - tRump appointed to the US Courts of Appeals in the 11th - Kevin Newsom, Elizabeth Branch, Britt Grant, Robert Luck, Barbara Lagoa, Andrew Brasher. It should be easy enough to count up the number of judges and figure the odds.
@GottaLaff
I would love to see Jack Smith use this example of that Trump is arguing:
Biden could order copies of Trump + Family + Friends security clearance files from OPM/DCSA, declassify them in his head, take them home and they are his to do whatever he wants with them. Sell them or send them to MSNBC/WaPo/Meidas Touch ;-)
And for good measure, have the Smithsonian put them up for display.
Of course. He. Decided. He exhibits such sound reasoning and noble perspective, whereas when Joe Biden stepped into the light, Hur submitted his notes filled with lies defaming Biden. Over and over, the #GOP abuses the system.
Drumpf is a day late, a dollar short and wasting everyone's resources. #GOPvalues are not just killing democracy but civil society. Scruples? Pfft, they have no shame. They. Have. No. Shame. Look where 40 years of the Right has led us.
@GottaLaff
This is just another heinous act by the SC in aiding and abetting Trump to delay everything past the election. Just by deciding to take this ridiculous claim of immunity for a hearing, they give an impression it has merit worthy of a hearing.