DC Court: “Presidents are not kings, and Plaintiff is not President” & Emergency Motion to Stay pending appeal
DC Court: “Presidents are not kings, and Plaintiff is not President” & Emergency Motion to Stay pending appeal
“Having found Mazars-4 factor test The weigh against Plaintiff’s position, the court concludes that the Select Committee’s requests are a VALID use of Legislative Power. Nov 12th deadline looms large
Relevant Court Filings:
MEMORANDUM AND OPINION re Plaintiff's 5 Motion for Preliminary Injunction. Signed by Judge Tanya S. Chutkan on 11/09/2021
NOTICE OF APPEAL TO DC CIRCUIT COURT as to 36 Order on Motion for Preliminary Injunction by DONALD J. TRUMP
Emergency MOTION for Preliminary Injunction Pending Appeal, or Administrative Injunction by DONALD J. TRUMP.
ORDER denying ECF 5 Motion for Preliminary Injunction. Signed by Judge Tanya S. Chutkan on 11/09/2021
Background of how this unholy fresh hell started..
If you want an exhaustive read about executive privilege then I’d highly recommend you read the recent DDC ruling. There is just something that I find exceedingly delightful and reading Judge Churkan’s MEMORANDUM AND OPINION re Plaintiff'’s 5 Motion for Preliminary Injunction. DENIED
See DDC link → https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2021cv2769-35
NOTICE OF APPEAL TO DC CIRCUIT COURT as to 36 Order on Motion for Preliminary Injunction by DONALD J. TRUMP
ORDER denying ECF 5 Motion for Preliminary Injunction. Signed by Judge Tanya S. Chutkan on 11/09/2021
One thing to keep in mind - the parties agreed to an accelerated briefing schedule and shortly thereafter oral arguments were also fast tracked. think it’s important to pull the lens back and let’s refresh your memory concerning the chain of events surrounding Donald “vexatious litigant” Trump.
Condensed Timeline of events related to this case
To be clear, I’m purposely refraining from diving into the numerous Amici Briefs. Largely due to Trump’s propinquity of unsavory friends/enablers —
October 18, 2021 Trump filed a lawsuit, which directly challenged the Select Committee’s charter, scope, power
Trump requested the court ruled to invalid and unenforceable,
an injunction against the Congressional Defendants’ enforcement of the requests or use of any information obtained via the requests, and
an injunction preventing the Archivist and NARA’s production of the requested information
October 22, 2021 the Court Issued a Minute Order
Defendants shall file a joint opposition or their respective oppositions to Plaintiff's 5 motion on or before October 29, 2021,
Plaintiff shall file his reply on or before November 2, 2021, at 6:00 p.m. \
The court further ORDERS that a hearing is set for November 4, 2021
See ECF No. 1, Compl. at 25-26. The following day, Plaintiff moved for a preliminary injunction “prohibiting Defendants from enforcing or complying with the Committee’s request.”
November 4, 2021 Oral Arguments
…Trump thought he could end it all… Spoiler - it didn’t go as planned and the one thing I wish people would pay closer attention to (as previously noted) Trump’s Executive Privilege Federal Lawsuit briefly explained in non-legalese —
by interpreting the PRA’s framework as consistent with Nixon v. GSA’s constitutional principle, the court adheres to the canon of constitutional avoidance.
Trump’s bid to block records -DENIED-
A former president is not the same as an incumbent president isn’t the same as And yet Trump has the temerity to use bombastic buzz words, such as; “unprecedented”, “presidential harassment” Numerous incumbent POTUS have waived Executive Privilege.
He seeks an injunction prohibiting Defendants—the House Select Committee, the Chairman of the House Select Committee, NARA, and the Archivist of NARA— from enforcing or complying with the Committee’s requests. For the reasons explained below, the court will deny Plaintiff’s requested relief..
President Nixon permitted “unrestricted” congressional testimony of present and former White House staff members..
President Reagan’s hollywood authorize testimony and the production of documents related to the IranContra affair, including information about his communications and decision-making process,6 to
President George W. Bush’s decision to sit for an interview with the 9/11 Commission to answer questions about his decision-making process in the wake of the attack…
..The (executive) privilege is not absolute. It exists for the benefit of the Republic, not any individual…
Irrespective of Trump’s prognostications, which are largely devoid of common-sense, facts, and not the least of which, actual human decency. Let’s be honest and let your mask slip a little (no I’m not advocating for anyone to wear their facial masks incorrectly, masks work, and COVID-19 —see CDC Guidelines)
—the blissful knowledge that Trump is no longer; polluting various social media cesspools with his disillusionment and dangerous disinformation. That despite the 61+ lawsuits being tossed, yet somehow Trump believes he “won” the 2020 election. Trump isn’t a orator but for sure he is a pathological-lying, flaming narcissist with serious Emotional Terrorist tactics mixed with authoritarian tendencies.
…The United States Supreme Court also denied numerous emergency applications aimed at overturning the results. Id. In response, Plaintiff tweeted that the Court was “totally incompetent and weak on the massive Election Fraud that took place in the 2020 Presidential Election.”
…On January 6, Plaintiff spoke at the rally at the Ellipse, during which he (1) repeated claims, rejected by numerous courts, that the election was “rigged” and “stolen”; (2) urged then Vice President Pence, who was preparing to convene Congress to tally the electoral votes, “to do the right thing” by rejecting certain states’ electors and declining to certify the election for President Joseph R. Biden..
…resolution also authorizes the Select Committee to publish interim reports, which may include “legislative recommendations as it may deem advisable.” Id. § 4(b). The Select Committee is authorized “to require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of books, records, correspondence, memoranda, papers, and documents as it considers necessary.” 47 Rule XI.2(m)(1)(B), Rules of the U.S. House of Rep., 117th Cong. (2021) (“House Rules”); see also H.R. 503, § 5(c) (unless otherwise specified, Rule XI applies to the Select Committee). Under House Rule XI:
“… does not acknowledge the deference owed to the incumbent President's judgment… His position that he may override the express will of the executive branch appears to be premised on the notion that his executive power 'exists in perpetuity.' But Presidents are not kings, and Plaintiff is not President."
…Plaintiff is unlikely to succeed on the merits of his claims or suffer irreparable harm…
..court holds that the public interest lies in permitting—not enjoining—the combined will of the legislative and executive branches to study the events that led to and occurred on January 6, and to consider legislation to prevent such events from ever occurring again… the court will deny Plaintiff’s request to enjoin Defendants from enforcing or complying with the Select Committee’s August 25, 2021, requests because Plaintiff is unlikely to succeed on the merits of his claims or suffer irreparable harm, and because a balance of the equities and public interest bear against granting his requested relief.
At the bottom this Memorandum-Opinion is extraordinarily reliant upon the Presidential Records Act -which was codified after Watergate break-in and after Nixon’s highly unethical behavior…
…Presidential Records Act ((PRA) 44 U.S.C. §§2201-2207), the National Archives and Records Administration (NARA) collects most records of Presidents and Vice Presidents at the end of each Administration. They are then disclosed to the public—unless the Archivist of the United States, the incumbent President, or the appropriate former President requests the records be kept private.
NARA Basic Laws and Authorities 2016 Revision General Counsel/Policy and Planning Staff;
Basic Laws and Authorities of the National Archives and Records Administration 2016 Edition - Office of the General Counsel
Concealment, Removal, or Mutilation of Records (18 U.S.C. § 2071)
Summary of NARA and Summary of Non-NARA Statutes
Markup version of Public Law 113-187, The Presidential and Federal Records Act Amendments of 2014 showing changes to NARA Statutes found below in Chapters 21, 22, 29, 31, 33, of Title 44 in PDF.Legislative History of NARA Statutes
ICYMI - relevant court filings
MEMORANDUM AND OPINION re Plaintiff's 5 Motion for Preliminary Injunction. Signed by Judge Tanya S. Chutkan on 11/09/2021
NOTICE OF APPEAL TO DC CIRCUIT COURT as to 36 Order on Motion for Preliminary Injunction by DONALD J. TRUMP
Emergency MOTION for Preliminary Injunction Pending Appeal, or Administrative Injunction by DONALD J. TRUMP.
ORDER denying ECF 5 Motion for Preliminary Injunction. Signed by Judge Tanya S. Chutkan on 11/09/2021
Unlike Trump our past Presidents consistently put our Country first, whereas Trump, it’s always and I mean always “Trump First” —On one hand I think most Americans would agree that the “civil discourse” and the constant politicization of “ABC issue/person versus XYZ person/issue. I’ve long held the belief that the “Us versus Them” mentality continues to pit Americans against their fellow Americans.
I’m confident that our adversaries are watching and are probably rejoicing how politically divided we’ve become. The most troubling part of this is how the GOP-MAGA-AQNON placed Donald Trump on a pedestal—treating him like he was the “second coming of Jesus Christ” -and I’ll bet you a cheeseburger that the TGMQ supporters would likely admit;
they put Donald Trump, a thrice divorced, credible sexual assault/harassment predator above Jesus Christ.
they worship Trump probably more then they worship the true tenets of Christianity.
zero remorse from the double standard of their own hypocrisy.
…this is especially egregious within the Evangelical and Ultra Conservative population subset. Yes I know I’m being redundant. The finer points here are Donald Trump continues to;
foment unhinged rage, more rage and further divisiveness
language/phrases that repeatedly encourages violence, misogyny and zero common decency.
Preliminary data suggests that Trump and his most ardent supporters unrelenting verbal attacks via social media, Capitol Hill Voicemails heavily slanted towards Female, Women of Color, and/or LGBTQ
amplification and cross pollination1 of TGMQ rhetoric/conspiracy theories
little to no accountability from the other two co-equal branches of Government.
Like I said Happy Reading - Filey
Be on the look out for a new article (in a few days) where I decided to do a deep research data scraping, pinpointed numerous botnets that flood the social media zones, and what certainly appears to be Blue Check Twitter accounts buying followers. My preliminary analysis as to the catalyst/motivation of Trump’s Executive Privilege Federal Lawsuit —Trump is known for using our Judicial System to run-down the clock. I certainly hope Jesse received at least a $275K retainer upfront. Notwithstanding Trump’s lawsuit, arguments, rookie mistake of conflating Nixon v GSA is just terrible lawyering.
Can’t imagine how these judges put up with his vexatious bullshit. Thanks for taking the time to wade through this morass, it looks like Judge Chutkan has had enough too.
Excellent stuff, Filey! Hope your nose is feeling MUCH BETTER! 😘