Trump is truly the living embodiment of a vexatious litigant…
The preliminary research suggests that Trump has been involved in over 4,000+ Federal Lawsuits and countless other litigation.
Normally I don’t pontificate about copious lawsuits the sorest loser in modern history. Trump lost the 2020 Election. Trump is a loser. Trump is either mentally unwell or he is living in a fantasy created by his sycophantic minions who continue to enable his atrocious and deadly behavior. Wherein Donald Trump is (almost) always the “poor little perennial victim” bless his cold dark heart. Trump engages in this kind of trite behavior. Which is odd given how obsessed he is with “projecting” the image of strength and virility… when the facts actually suggest the complete opposite. Trump is a documented foul mouth pathological liar, cheat and fraud.
My gift to my readers:
…the sunrise was spectacular this morning. Enjoy because I certainly did
Also I’d like to remind you that these distinguished Police Officers provided incredibly powerful Congressional/Select Committee testimony. Or the irrefutable fact that during the Jam6th domestic terror attack, not once did Trump contact the Pentagon (see DOD contemporaneous timeline of events) or did Trump activate the DC National Guard in a timely manner.
Donald “DARVO” Trump -a predatory pathological liar
As many of you might not understand the acronym of “DARVO” I would highly recommend you read the following publication by Sarah Harsey & Jennifer J. Freyd (2020) Deny, Attack, and Reverse Victim and Offender (DARVO): What Is the Influence on Perceived Perpetrator and Victim Credibility?, Journal of Aggression, Maltreatment & Trauma,29:8, 897-916, DOI: 10.1080/10926771.2020.1774695 ← if that link is behind a paywall, I managed to tracked down an open source link of pdf from the University of Oregon.
D -Deny A-Attack R -Reverse V-Victim O -Offender
In August of 2021 I walked you though the how DARVO is often used by abusers to shut their victim(s) up. Irrespective of the new “spin” said abusers attempts to rewrite the history of their conduct. And I further explained how this kind of predatory & abusive behavior is a defensive mechanism to escape accountability. Moreover, sociopaths and narcissistic tools think DARVO is a reasonable reaction to those speaking truth and facts.
Again no matter the extraordinary efforts by the abuser or the predictable pivot to a their new found revisionist-present day “story” —which is nothing like the actual facts in the record. essentially rewriting what they did to multiple victims. What’s odd is as of late a Blue-ANON has cobbled together a bizarre conspiracy theory that makes QANON look rational.
It was an “Op” ←nope you’re not that important
“I have five yes five nation states listening to our calls” ←nope
“the victims are being paid” ←nope damnit where’s my check?
discovery should be a lot of fun -both civilly and criminally
Before we dive into Donald “DARVO” Trump’s latest legal battle it might be beneficial for you to reread this article —because I specifically focused on the Select Committee’s Letter to the National Archives.
Trump sues House Select Committee, National Archives and Archivist…
I’ve often stated that Roy Cohn taught little Donald a lot about the Judicial System -specifically how to game the system to his benefit. Black’s Law Dictionary defines “vexatious litigant” as:
…proceeding is said to be vexatious when the party bringing it is uot acting bona fide, and merely wishes to annoy or embarrass his opponent, or when it is not calculated to lead to any practical result. Such a proceeding is often described as “frivolous and vexatious,” and the court may stay it on that ground.
In non-legalese it simply means a person who likes to sue, a lot. That’s not the official definition it’s me giving you the layman’s terminology. Sure why not just pay >$12.50 for today’s Federal Complaint filed by the biggest loser in American Political History. Because at ¢10 per page -ECF gets kind of expensive. See ECF link for the 26 pages of hilarious nonsense, the various exhibits are also embedded below or simply click on my Scribd Account/Documents
Previous Communiques Trump & President Biden
Yes I know it’s extremely petty that I continue to refuse/refrain from using a capital P when it comes to president Trump aka Clown-van-fuck-stick-assholic-narcissist. By now I think most of you know that my petty is super meta. See recent White House search for the two letters from the Biden White House to the Archivist. Also one thing you should keep in mind is obviously President Biden, White House Counsel, the DOJ OLC, etc…
…unprecedented effort to obstruct the peaceful transfer of power
As indicated in the various attachments of the officially filed civil complaint whereby Trump is fighting a losing battle and frankly it’s one of the weakest arguments I’ve read in recent history…
…the extraordinary events surrounding it, must be subject to a full accounting to ensure nothing similar ever happens again. Congress has a compelling need in service of its legislative functions to understand the circumstances that led to these horrific events. The available evidence to date establishes a sufficient factual predicate for the Select Committee’s investigation: …
an unprecedented effort to obstruct the peaceful transfer of power, threatening not only the safety of Congress and others present at the Capitol, but also the principles of democracy enshrined in our history and our Constitution. The Documents shed light on events within the White House on and about January 6 and bear on the Select Committee’s need to understand the facts underlying the most serious attack on the operations of the Federal Government since the Civil War.
Trump’s purported —Legal Framework
…in a robust attempt to help you understand this complaint, I’ve also embedded the various statutes. I think it’s important for you to know the facts and unfettered access to the plain language of the statutes, CFRs. In fact the recent complaint file on behalf of Trump; once again acts as a prime example of how Trump contorting current statutes and the predictable invention of some magical/secret power that only he alone has access to. Hardly but this lawsuit is directly out of his poorly written “Art of the Deal”…
Executive Order No. 13489 - which I find to be both hilarious insomuch that Trump used an Executive Order by President Obama -the irony is not lost on me…
Specifically you should acquaint yourself with 44 USC § 2201. Definitions —used in this chapter—
(1) The term "documentary material" means all books, correspondence, memoranda, documents, papers, pamphlets, works of art, models, pictures, photographs, plats, maps, films, and motion pictures, including, but not limited to, audio and visual records, or other electronic or mechanical recordations, whether in analog, digital, or any other form.
(2) The term "Presidential records" means documentary materials, or any reasonably segregable portion thereof, created or received by the President, the President’s immediate staff, or a unit or individual of the Executive Office of the President whose function is to advise or assist the President, in the course of conducting activities which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President. Such term--
(A) includes any documentary materials relating to the political activities of the President or members of the President’s staff, but only if such activities relate to or have a direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; but
(B) does not include any documentary materials that are (i) official records of an agency (as defined in section 552(e) of title 5, United States Code; (ii) personal records; (iii) stocks of publications and stationery; or (iv) extra copies of documents produced only for convenience of reference, when such copies are clearly so identified.
(3) The term "personal records" means all documentary materials, or any reasonably segregable portion thereof, of a purely private or nonpublic character which do not relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President. Such term includes--
(A) diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal which are not prepared or utilized for, or circulated or communicated in the course of, transacting Government business;
(B) materials relating to private political associations, and having no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President; and
(C) materials relating exclusively to the President’s own election to the office of the Presidency; and materials directly relating to the election of a particular individual or individuals to Federal, State, or local office, which have no relation to or direct effect upon the carrying out of constitutional, statutory, or other official or ceremonial duties of the President.
(5) The term "former President", when used with respect to Presidential records, means the former President during whose term or terms of office such Presidential records were created.
Like I said -when reading Trump’s latest lawsuit —it is abundantly clear that Trump actually believes those aforementioned documents/records are his property —but as you’ll note the PRA those documents/records do not belong to Trump or his sycophantic minions. Try harder Donald because your argument do not ameliorate the conclusory arguments proffered by Trump and his army of attorneys… unless of course your name is Rudy “pay me $20,000 per day” Giuliani
§ 2202. Ownership of Presidential records
The United States shall reserve and retain complete ownership, possession, and control of Presidential records; and such records shall be administered in accordance with the provisions of this chapter.
…nothing less than a vexatious, illegal fishing expedition openly endorsed by Biden…
The fallacy of Trump’s latest lawsuit is both hilarious and sad because you’ll note it’s clear that Donald “DARVO” Trump believes he personally owns the records. No I’m not kidding that’s how this complaint reads. That Mr “I alone can fix it” truly thinks he owns the records. What an intractable ignoramus. He doesn’t own those records, technically the American People do and the National Archives acts as a custodian of the documents/records. Moreover you big fat dolt - we, America have one executive at a time. You did enough damage to our Country that it will likely take two generations to repair the indelible stain of your so called presidency. You tried to assert Executive Privilege and President Biden refused to accede to your unAmerican, un-Democratic and insane request… by the way how was your deposition? Did you establish “pathological liar” clause because you lie like your life depends on it. Loser. Pathological Lying Loser.
One Executive at a time Donald. Your executive privilege was up on January 20, 2021 at Noon
Because for the umpteenth time, the Donald not only encouraged an insurrection but then he sought to gas light all Americans by his falsely amplifying his deadly lie. Three of your own supporters died, albeit only one died because she tried to unlawfully enter the speaker’s corridor and refused to obey lawful commands by several US Capitol Police Officers. The second female supporter was stampeded to death by the mob of radicalized domestic terrorist. The third civilian died of a heart attack.
Law Enforcement Officers deaths following Jan6th
The untimely death of USCP Officer Brian Sicknick and the deaths of fellow Officer Howard Liebengood, who died by suicide just three days after the Jan6th Domestic Terror Attack on our Capitol. Which as sadly followed by MPD Officer Jeffrey Smith, who also died by suicide. And the deaths of Officer Kyle DeFreytag and MPD Officer Officer Gunther Hashida both of whom died by suicide following the Jan6th attack.
Regardless of Trump’s deadly “big lie” -President Biden won the 2020 Election fair and square whereas Donald Trump attempted to weaponize the Department of Justice and put maximum pressure on various State Leadership (Georgia, Pennsylvania, Arizona etc) see recent Substack search which provides you with previous articles concerning the House Select Committee.
Sedition has consequences Donald… deal with it
Setting aside the fact that this complaint is astonishingly heavy on provocative terminology, high intensity drama and unnecessary histrionics. Yet this is so emblematic of who/why/when/how of Donald Trump and how he comports himself. Notwithstanding Trump is not the one who will produce the documents/records so the invocation of “unduly burdensome“ again he’s not the one who the Committee sent request to -given that four years of Trump’s total and unequivocal stonewalling —which had the impact of usurping certain powers the Constitution solely vest with Congress.
Clearly Donald Trump lacks the basic and I mean basic third grade civics curriculum. That being having a full understanding of “three separate but co-equal benches of our Government” —Donald Trump truly believes he’s above our laws and our Constitution. Even after our Country’s endured four years of what seemed like unabating crazy town and the trauma thousands of USCP-force. And the cherry on top of the Mango-Tyrant-sundae? president Trump improper attempt to use the Judicial Branch as a weapon and the DOJ as a cudgel to eviscerate the prerequisite “peaceful transfer of power”. Trump likes to shield himself from the onerous and likely illegal actions concerning the Jan6th Domestic Terror Attack. For Example I now refer you to paragraphs 4 and 5 -which reads in part:
…The Committee’s requests are unprecedented in their breadth and scope and are untethered from any legitimate legislative purpose.
The Committee’s boundless requests included over fifty individual requests for documents and information, and mentioned more than thirty individuals, including those working inside and outside government during the unreasonably overbroad time period covered by the request. Aside from being overly broad and seeking records protected by numerous legal privileges, these requests are also unduly burdensome because of the substantial time required to conduct an adequate review of the voluminous records sought by the Committee
…This single request demands access to any number of records to which the Committee is in no way entitled.
Says who Donald, says who? Because irrespective of your histrionics you are in no way on solid legal footing and your arguments are not only detached from facts/reality but it also affirms just what a danger you & your sycophantic minions are to our shared Democracy. No really Donald get a grip of what ever mental faculties that you have left because you are raising concerns about Trump’s mental well being. My GOD this complaint (and I read/write/edit complaints on a daily basis) is horrid both in substance and style. I sure hope Donald’s attorneys either received a six figure plus retainer upfront or they are willing to jeopardize their Bar License because this lawsuit is textbook “frivolous” and this certainly was not filed in good faith.
…makes a mockery of our tri-partite government of checks and balances… talk about self beclowing
Paragraph 10 is without merit, supporting case law and frankly absolutely absurd becomes Trump’s argument strains the factual basis that I can not believe an attorney actually filed this. Again paragraph 10 is demonstrably uninformed and is completely incorrect.
The President does not appoint “any and all members of these departments” if the Agency head (which most are) requires the advice and consent of the U.S. Senate then certainly this argument would hold weight. The indisputable fact is the president does not appoint “any and all members of these departments” as that would include:
GS-3 or GS-4: internships or student jobs.
GS-5 to GS-7: Most entry-level positions.
GS-8 to GS-12: Mid-level positions.
And GS-13 to GS-15: Top-level supervisory positions.
See GS pay scales again if the government position is greater than a GS-15 we are now into the SENIOR EXECUTIVE SERVICE (SES) pay scale territory. Good Lord I’m not an attorney and even I know that paragraph 10 is wholly without merit.
The Committee also requested information about personnel changes in the Departments of Defense and Justice, the FBI, the CIA, and the Department of Homeland Security, despite the fact that any and all members of these departments and agencies serve at the pleasure of the President, and any personnel changes in these Departments are at the sole discretion of the Executive and his designees.
And as irreverent as this is - the following song (NSFW or if you have children around) ran on loop in my head as I read Trump’s lawsuit. That is the only way I could slog through the monstrosity of Trump’s laughable lawsuit. Ergo I’m not the least bit sorry for that song and the ear worm I just created for you. Because you’ll need that stress reliever as we get further down into this bottomless cesspool of subterfuge and nonsense. For Example -I now refer you to paragraph 14, which reads in part:
…the Committee is attempting to damage the republic itself, and the citizens of the United States, for executive privilege “safeguards the public interest in candid, confidential deliberations within the Executive Branch; it is ‘fundamental to the operation of Government.’”
..September 24, 2021, during the pendency of good-faith discussions between Plaintiff’s counsel and the Biden Administration concerning the potential for reasonable accommodations to the Committee, the Biden White House made public statements that it would not object to the production of certain records created during the Trump Administration that are unquestionably subject to constitutionally protected privileges…
I told you that there is literally only one executive at a time -regardless of Trump’s unDemocratic and authoritarian tendencies —he no longer enjoys the perks of being the occupant of 1600 Pennsylvania Ave. Also to those who falsely said that Trump wasn’t in active negotiations with the Biden White House concerning Executive Privilege - I now refer you to paragraph 14… as previously quoted above
Archivist notified President Trump that, “[a]fter consultation with Counsel to the President and the Acting Assistant Attorney General for the Office of Legal Counsel, and as instructed by President Biden” the Archivist has “determined to disclose to the Select Committee” all responsive records that President Trump determined were subject to executive privilege on November 12, 2021 “absent any intervening court order.”…
..October 8, 2021, the Biden White House notified the Archivist that it would not be asserting executive privilege over certain documents identified as responsive to the Committee’s request… That same day, pursuant to the PRA, associated regulations, and Executive Order No. 13489 (the “Executive Order”), President Trump notified the Archivist that he has made a formal assertion of executive privilege with respect to a limited number of documents as well as a protective assertion of executive privilege over any additional materials that may be requested by the Committee
Biden Administration drove a grand slam
"The former president's actions represented a unique -- and existential -- threat to our democracy that can't be swept under the rug. As President Biden determined, the constitutional protections of executive privilege should not be used to shield information that reflects a clear and apparent effort to subvert the Constitution itself," -White House spokesman Mike Gwin
Notwithstanding the classic Donald “DARVO” Trump move -he tends to regurgitate past arguments and engages in extreme cherry picking from SCOTUS’ -the fact that Trump used the Mazars case 1 and then proceeded to cherry pick what the Judiciary stated in their July 9, 2021 Ruling in Trump v Mazars. I don’t think Trump’s latest lawsuit has legs to stand on. It’s probably one of the most poorly written filing that I’ve read in so many months. All I know is Trump likes to weaponize our Judicial System for his prime benefits…
Lastly, to properly set your expectations — I’m taking the rest of the week off to rest and recuperate from the nose realignment. On Monday afternoon the dental surgeon informed me that I have a second tooth was damaged in the car accident and that too will require dental surgery. I am certainly not happy that accident would require outpatient medical intervention. So please don’t stress out. I’m just taking my own advice that self-care is the best kind of care. I won’t be gone for long.
However I’ve asked ask a friend or three to tweet sunrises on the Ocean or sunsets on the sound videos in lieu of me publishing articles. Given each article. would be written while on some serious pain meds. Setting the stage for a collision of horrid spelling errors and likely incoherent thoughts. Did y’all really think I was kidding when I stated; the sound is to the left of me (less than 1350 feet) and the Ocean is to the right of me (less than 390 feet. And here I am stuck in the middle with you…
Also the Select Committee on Jan6th will vote later today on sending a criminal referral to the DOJ. Overnight the Select Committee released the rational of why Steven Bannon should face criminal charges, statement here also see the Select Committee’s statement released late last night concerning Trump’s frivolous lawsuit which is a classic move from Trump - he’s a pathological lying one-trick swamp donkey
Be well. Be informed. And most importantly, be skeptical of those who hoard public documents, that kind of nonsense is why I think certain Blue QANON accounts are doing a more harm than good.
Trump v. Mazars USA, LLP. (n.d.). Oyez. Retrieved October 19, 2021, from https://www.oyez.org/cases/2019/19-715 - SCOTUS held the following;
“The standard advocated by the President—a “demonstrated, specific need”—is too stringent.”
“At the same time, the standard advocated by the House—a “valid legislative purpose”—does not adequately safeguard the President from an overzealous and perhaps politically motivated Congress.”
Court proposed a balancing test that considers four factors - keep in mind that SCOTUS was largely silent as it relates to former president…
First, courts should carefully assess whether the asserted legislative purpose requires involving the President and his papers, or whether the information is available elsewhere.
Second, courts should consider whether the subpoena is no broader than reasonably necessary in scope so as to still serve Congress’s legislative purpose.
Third, courts should evaluate the evidence Congress has offered to “establish that a subpoena advances a valid legislative purpose”—the more “detailed and substantial,” the better.
Finally, courts should assess what burdens a subpoena imposes on the President.