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You are here: Home / Open Threads / Late Night Open Thread: Well This Is An Interesting Turn

Late Night Open Thread: Well This Is An Interesting Turn

by TaMara|  September 20, 202212:17 am| 43 Comments

This post is in: Open Threads, Republican Stupidity

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I was just reminded that I have to be somewhere at the butt-crack of dawn tomorrow and I’m grumpy about it, but only because a miscommunication left me scrambling tonight. No one’s fault, but I have to figure out how to get all the animals taken care of and still get out of the house by 6:30. I should be in bed, but I can’t stop reading about this.

 

Team Trump’s letter to Judge Dearie suggests they’re like the dog that catches the car and has no idea what to do next

— Popehat (@Popehat) September 20, 2022

https://t.co/TNtOq7l4mE

— Kyle Cheney (@kyledcheney) September 20, 2022

Trump has 3 immediate problems with Dearie:

1) He sets a fast deadline that vets all the records by Oct. 7

2) He asks Trump for details of what he claims to have declassified

3) He suggests Reinhart might have to preside over 4th amendment suit https://t.co/RsOsYCoQBu

— Kyle Cheney (@kyledcheney) September 20, 2022

 

I am just really hoping it was Ted Cruz or Lindsey Graham who recommended Dearie for Special Master. Whoever did is on the phone right now, and they aren’t doing the talking.

— Ron Filipkowski 🇺🇦 (@RonFilipkowski) September 20, 2022

A score card as to how Judge Dearie is doing in vindicating the independence of the judiciary will be how soon Trump attacks him. Those slings and arrows will be a badge of honor for Judge Dearie.

— Andrew Weissmann 🌻 (@AWeissmann_) September 20, 2022

Sorry for the politico links…

Okay, gonna continue on with my evening and savor the brief moment of “careful what you wish for” for the orange one’s team.

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Reader Interactions

43Comments

  1. 1.

    Frankensteinbeck

    September 20, 2022 at 12:21 am

    And Trump is STILL demanding that all his precious documents be returned to him waah.

  2. 2.

    Frankensteinbeck

    September 20, 2022 at 12:23 am

    If I am also second I shall mock you all.

    EDIT UPON SEEING I AM SECOND – ALL HAIL BAUD 2024!

  3. 3.

    scav

    September 20, 2022 at 12:25 am

    Consider us mocked!!

  4. 4.

    Frankensteinbeck

    September 20, 2022 at 12:26 am

    @scav:

    Now go away, or I shall taunt you a second time!

  5. 5.

    scav

    September 20, 2022 at 12:30 am

    @Frankensteinbeck: <door slam>

    Hello again!

    (this is eerie)

  6. 6.

    Cameron

    September 20, 2022 at 12:36 am

    I believe Judge Cannon reserved the right to yank Judge Dearie from the Special Master gig.  If that’s correct, he’s gone by Friday.

  7. 7.

    sanjeevs

    September 20, 2022 at 12:41 am

    @Cameron: Yeah, Judge Trumpy changed the boilerplate appointment language for Special Masters to reserve the right to fire Dearie if Trump is displeased.

    18. The Court reserves the right to remove the Special Master if the Court finds that the parties are not expeditiously completing this work. [my emphasis]

    But in her order, Cannon replaced the boilerplate about removing the Special Master if things are not moving along with language that gives her authority to remove him unbound by any specific reason.

    17. The Special Master shall be discharged or replaced only upon order of this Court. The Court reserves the right to remove the Special Master.

    Aileen Cannon’s Special Master Is Designed to Preempt Decisions Reserved for a Jury – emptywheel

  8. 8.

    West of the Rockies

    September 20, 2022 at 12:44 am

    Can Cannon be impeached?  I don’t see how a judge so manifestly corrupt faces zero consequences.

  9. 9.

    Edmund Dantes

    September 20, 2022 at 12:45 am

    Tuesday is a busy day for Trump’s lawyers. Their reply to the DOJ in the 11th appeal is due around noon I think. And they are supposed to be in front of Dearie at 2 PM discussing logistics and plans for his review.

  10. 10.

    Edmund Dantes

    September 20, 2022 at 12:47 am

    @West of the Rockies: Impeached? Absolutely. Convicted? Not a chance in hell. I have a better chance with Jennifer Lawrence and Selma Hayek turning up in my bed tomorrow night than that happening.

  11. 11.

    Citizen Alan

    September 20, 2022 at 12:49 am

    And to think, Loose Cannon is only one judge. A fucking third of the Federal Judiciary is now Trump appointments! We will never be rid of these assholes! Wow, thank God none of the Susan Sarandons out their every had to sacrifice the tiniest bit of their immaculate principles and let concerns about judicial appointments influence their voting decisions!

  12. 12.

    Cameron

    September 20, 2022 at 12:54 am

    @West of the Rockies: Impeached?  I don’t see it.  More likely the next time there’s a Republican president, Thomas retires and she gets his seat on the SC.  Why not?  She’ll be as well-qualified for the SC then as she is now at her present job.

  13. 13.

    Yutsano

    September 20, 2022 at 12:54 am

    @Citizen Alan: ​See now! If you had only nominated Wilmer none of this would have happened, now would it?

  14. 14.

    Dangerman

    September 20, 2022 at 12:58 am

    @West of the Rockies: More likely she’s 47’s (if it’s a Republican) first USSC appointment. Rapid/Vapid advancement.

  15. 15.

    Jim, Foolish Literalist

    September 20, 2022 at 1:01 am

    Somebody on MSNBC said they liked Dearie because he ruled against the FBI in something to do with Carter Page

  16. 16.

    Jinchi

    September 20, 2022 at 1:08 am

    The Top Secret nuclear documents were all declassified, but then Trump made the declassification itself Top Secret, “Eyes Only”, and unfortunately Dearie doesn’t have the need to know.

    Makes perfect sense.

  17. 17.

    Jim, Foolish Literalist

    September 20, 2022 at 1:09 am

    @Jim, Foolish Literalist:

    Josh Marshall @joshtpm. 18m

    Amazing. Trumpers now miffed at special master dearie and were expecting him to be an “FBI skeptic” because of Carter Page. Lol. Serious high on your own supply vibe here

    oh my. The axios piece is worth at least chuckle. Swan writes as though he believed the trump team had outwitted doj by getting them to okay Dearie.

  18. 18.

    Ishiyama

    September 20, 2022 at 1:09 am

    It would be irresponsible not to speculate about ex parte communications between Judge Twinkie and, say, Ginni Thomas – but if somebody from team Trump is feeding her the script for her rulings, and DOJ tracks it, that might produce favorable results. Just saying.

  19. 19.

    Kent

    September 20, 2022 at 1:11 am

    @West of the Rockies:Can Cannon be impeached?  I don’t see how a judge so manifestly corrupt faces zero consequences.

    Of course she can.  Do you have the necessary 67 votes in the Senate (i.e. 17 Republican votes) to get the job done?

  20. 20.

    Enhanced Voting Techniques

    September 20, 2022 at 1:24 am

    @Jim, Foolish Literalist: Josh was showing stuff earlier were all the Trumpers patting themselves on the back because this Judge Dearie was supposed to be their fix. lol

  21. 21.

    Steeplejack

    September 20, 2022 at 1:27 am

    Akiva Cohen has a very good, very clear thread on these latest developments.

  22. 22.

    David 🌈 ☘The Establishment☘🌈 Koch

    September 20, 2022 at 1:28 am

    they’re like the dog

    What do you have against dogs?

  23. 23.

    Steeplejack

    September 20, 2022 at 1:29 am

    Also, a good thread from @SecretsAndLaws.

  24. 24.

    SFAW

    September 20, 2022 at 1:37 am

    @sanjeevs:

    “Judge” Cannon to Judge Dearie: “Stop being so mean to my Lord and Master! You’re Fired!”

    (while the Mighty Mouse theme song plays in the background)

  25. 25.

    TriassicSands

    September 20, 2022 at 1:59 am

     

     

     

    @West of the Rockies: Can Cannon be impeached?

    What good would it do to impeach someone who will never be convicted and should never have been confirmed in the first place.

    I don’t see how a judge so manifestly corrupt faces zero consequences.

    Um, Clarence Thomas. He’s every bit as corrupt as any SCOTUS justice ever. We have no mechanism* for disciplining or removing judges who are corrupt partisan hacks. Just as there is no mechanism for disciplining or removing a president who is corrupt and a criminal. He didn’t do it singlehandedly,  but Gerald Ford helped make it impossible to hold presidents accountable.

    • Impeachment is not a viable mechanism when political parties won’t convict “their own.”
  26. 26.

    ColoradoGuy

    September 20, 2022 at 4:00 am

    We’re certainly seeing all the constitutional defects all at once. The Electoral College appoints two terrible presidents against the will of the people, who in turn make lifetime appointment of partisan hacks to The Court of No Appeal. The hacks then systematically dismantle democracy, piece by piece, and start stripping rights from millions of people using made-up logic. And impeachment has completely failed, not once, but twice, with the most openly criminal President in American history. And the Senate is one of the most grossly undemocratic institutions in the developed world, with absurd customs like the filibuster.

    Although a Constitutional Convention seems like an obvious answer to an outsider, most politically aware people know it would lead to the destruction of the Republic.

  27. 27.

    Shalimar

    September 20, 2022 at 5:29 am

    @Jim, Foolish Literalist: It’s slightly more complicated than that.  Dearie issued 2 warrants to spy on Page that were later overturned because an FBI agent lied on the applications.  There were also 2 warrants against Page that Dearie signed that weren’t overturned.

    The idea that Dearie would turn against the entire FBI after a decade on the FISA court because one agent lied in one of Dearie’s thousands of federal cases is just bizarre wishcasting.

  28. 28.

    lowtechcyclist

    September 20, 2022 at 6:39 am

    @ColoradoGuy: ​
     

    Although a Constitutional Convention seems like an obvious answer to an outsider, most politically aware people know it would lead to the destruction of the Republic.

    When they were in control of Congress, the GOP used to introduce politically motivated Constitutional amendments.

    We should be doing the same, only with amendments to reform our democracy. Like making the right to vote an affirmative right. Or giving the ERA another go. Sure, at first they wouldn’t get anywhere, but it would highlight the problem, and you’ve got to start somewhere.

    And while I agree that a Constitutional convention would be a shitshow, you’ve got to remember that anything passed by such a convention still has to be approved by the legislatures of 38 states before becoming part of the Constitution. All it does it bypass Congress. So for us, it’s no panacea, and it’s not the nuclear weapon they seem to think it is.

  29. 29.

    mrmoshpotato

    September 20, 2022 at 7:39 am

    Flee to Moscow to cry to your Daddy Vladdy, you traitorous orange Soviet shitpile mobster bitchass.

  30. 30.

    Baud

    September 20, 2022 at 7:42 am

    @lowtechcyclist:

    We should be doing the same, only with amendments to reform our democracy. Like making the right to vote an affirmative right. Or giving the ERA another go. Sure, at first they wouldn’t get anywhere, but it would highlight the problem, and you’ve got to start somewhere.

     I agree.

    We should also make clear we’re doing it because the Supreme Court can’t be trusted.

  31. 31.

    SFAW

    September 20, 2022 at 7:47 am

    @mrmoshpotato: ​
     
    Vladi has other things to worry about at the moment, and has probably also decided that he can’t get anything more of value from the Former Criminal-in-Chief.

  32. 32.

    New Deal democrat

    September 20, 2022 at 7:48 am

    @lowtechcyclist: “And while I agree that a Constitutional convention would be a shitshow, you’ve got to remember that anything passed by such a convention still has to be approved by the legislatures of 38 states before becoming part of the Constitution.”

    I do not believe that is correct. The passage by 3/4’s of the States is only specified for Constitutional Amendments. Since a Convention is an entirely separate beast, they would get to make up their own rules for passage. The ultimate shitshow would be when certain States refuse to join any new Constitutional scheme. There is no “legal” means to resolve such an impasse.

  33. 33.

    New Deal democrat

    September 20, 2022 at 7:51 am

    @lowtechcyclist: “you’ve got to remember that anything passed by such a convention still has to be approved by the legislatures of 38 states before becoming part of the Constitution.”

     

    I do not believe that is correct. The passage by 3/4’s of the States is only specified for Constitutional Amendments. Since a Convention is an entirely separate beast, they would get to make up their own rules for passage. The ultimate shitshow would be when certain States refuse to join any new Constitutional scheme. There is no “legal” means to resolve such an impasse.”

  34. 34.

    New Deal democrat

    September 20, 2022 at 8:00 am

    If I recall correctly, any court at any time, on its own, may raise the issue of whether there is proper jurisdiction. So the 11th Circuit has it within its power to rule that Judge Cannon did not have jurisdiction to make any of her rulings, because the matter could only properly be raised under the Presidential Records Act.

    If Trump’s lawyers go running back to Cannon to complain about Dearie, and especially if she rebukes him (a judge with far more experience in these matters than she has), I can see the 11th Circuit taking notice of that and deciding it wants to address the underlying jurisdictional issue, even though the DoJ hasn’t raised it on this appeal.

  35. 35.

    Timill

    September 20, 2022 at 8:12 am

    @New Deal democrat: No: still needs ratification:

    Article V

    The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

    https://www.archives.gov/federal-register/constitution/article-v.html

    So either Congress or a convention can propose amendments, but they have to be ratified by the States to take effect.

  36. 36.

    tokyocali (formerly tokyo ex-pat)

    September 20, 2022 at 8:24 am

    Can someone explain what the Kyle Cheney tweet above means by “He suggests that Reinhart will have to preside over 4th amendment suit”? And why that is bad for Trump?

    @New Deal democrat: I wondered about this as well. It seems odd to me that this wet-behind-the-ears judge can decide arbitrarily about the work of a much more experienced and seasoned judge. If she does eject him, then what?

  37. 37.

    New Deal democrat

    September 20, 2022 at 8:32 am

    @Timill: thanks

  38. 38.

    New Deal democrat

    September 20, 2022 at 8:38 am

    @tokyocali (formerly tokyo ex-pat): “If she does eject him, then what?”

    Cannon gave herself complete authority over everything having to do with the search. At some point – like if she ejects Dearie – one suspects even GOP appellate court judges who have a shred of respect for Constitutional separation of powers would say “enough is enough.”

  39. 39.

    tokyocali (formerly tokyo ex-pat)

    September 20, 2022 at 8:44 am

    @New Deal democrat: I would hope so. But it feels like the rules and norms we depend on are no longer reliable.

  40. 40.

    pluky

    September 20, 2022 at 8:54 am

    Does lying to a Special Master in a case like this constitute perjury?

  41. 41.

    SFAW

    September 20, 2022 at 9:30 am

    @pluky: ​

    Does lying to a Special Master in a case like this constitute perjury?

    According to the GQP Rules of Testimony: Not if you cross your fingers* when making the false statement(s).

    * Fingers need not be behind one’s back when false statement is made (whether oral or written). Also, the TFG Variant of the GQP RoT allows you to say, ex post facto, that, even if you didn’t cross them at the time, you intended to cross them, but never told anyone**, etc.

    ** Which probably means TFG’s “team” will ask for another Special Master to review the claims of intent, and to prevent the DoJ from investigating said claims.

  42. 42.

    Enhanced Voting Techniques

    September 20, 2022 at 12:08 pm

    This is all coming across like Trump is losing it seriously mentally now.  If Trump was going to black mail or sale the documents, he would have done it by now or just made copies, said “woops, well the exit from the White House was messy” and that would have been that.  This is coming some crazy old dude hording.

  43. 43.

    jimmiraybob

    September 20, 2022 at 12:10 pm

    First off, I like the official documents that show RE: “Trump v. United States.”  So true.

    Trump legal team:  “We plead the 5th …… but can’t actually plead the 5th.  Please don’t make us say it.”

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