MEDIA HITS
HARRY DISCUSSES MAR-A-LAGO DOCUMENTS ON CBS EVENING NEWS
September 5, 2022
A federal judge decided Monday to authorize a special master to review the documents seized during the FBI search of fmr. Pres. Trump's home last month.
— CBS Evening News (@CBSEveningNews) September 5, 2022
@CostaReports reports on this latest turn in the probe: pic.twitter.com/l1BeaTiZd3
HARRY JOINS NICOLLE WALLACE ON DEADLINE WHITE HOUSE TO DISCUSS TRUMP’S TAKING OF CONFIDENTIAL DOCUMENTS
SEPTEMBER 7, 2022
LA TIMES COLUMN: THE SPECIAL MASTER ORDER FOR TRUMP’S MAR-A-LAGO DOCUMENTS IS PERVERSE AND POTENTIALLY DISASTROUS
September 7, 2022
"It was already outrageous and alarming that he took them in the first place. We've now moved up and up and up five alarms... We are talking about the crown jewels, we are talking about info that could have existential stakes" - @harrylitman w/ @NicolleDWallace pic.twitter.com/RNQF0GzT39
— Deadline White House (@DeadlineWH) September 7, 2022
DEADLINE WHITE HOUSE ASKS HARRY MORE ABOUT WHITE HOUSE DOCUMENTS IN MAR-A-LAGO CASE
September 9, 2022
I'm 0 for 1 handicapping Judge Cannon, but here I go again. Thanks very much as always @NicolleDWallace for having me in the discussion, esp w/ @CarolLeonnig & @SykesCharlie. https://t.co/i4vNWGS14Q
— Harry Litman (@harrylitman) September 9, 2022
TOP TWEETS THIS WEEK
Cannon's opinion acknowledges that Rule 41 is reserved for exceptional circumstances and must be exercised w/ caution and restraint. Then she storms ahead like a bull in a china shop b/c it's possible that Trump may turn out to have some undefined interest down the line.
— Harry Litman (@harrylitman) September 5, 2022
Just to be clear, this is not a controversial statement: Judge Cannon has ruled that the attorney general of the United States may not look at lawfully seized fruits (nobody says otherwise) of a criminal investigation. That itself is a breathtaking overreach.
— Harry Litman (@harrylitman) September 6, 2022
New York DA indictment against Steve Bannon for essentially the same conduct – fraud in the bogus build the wall charity – the trump pardoned him on the federal side. He is due to surrender to New York authorities on Thursday. The law marches on.
— Harry Litman (@harrylitman) September 7, 2022
The DOJ filing is devastating on several of the errors in Cannon's opinion. It will tie both the judge and Trump in knots. Here are a few of the highlights.
— Harry Litman (@harrylitman) September 8, 2022
1. She held that there could potentially be some interest for Trump in executive privilege materials.That was far-fetched
They have told her that she is currently harming the national security. That must burn her, but she also must realize they’re probably right and she’s in no position to rebut it. And it’s another way of showing her complete misunderstanding of the separation of powers.
— Harry Litman (@harrylitman) September 9, 2022
Cannon gives Trump until Monday at 10 AM to file a response. She has to be hoping that he agrees to the partial stay to get her out of the mess she created. But it’s not in his DNA. But If he goes the “I declassified“ route, a cascade of troubles follow.
— Harry Litman (@harrylitman) September 9, 2022
I see the argument for not risking an even worse 11th circuit appeal but on top of everything else, her opinion casts a huge shadow over the prosecution itself because it implies he has some right to the documents. That has to be beaten back.
— Harry Litman (@harrylitman) September 5, 2022
I don’t believe that I’ve ever seen a court reject a proposed amicus brief, especially from eminent amici like the Former GOP prosecutors Cannon just refused to hear from. That’s now several bizarre & non-judicial moves, starting w/ her first announcement of intent to grant SM.
— Harry Litman (@harrylitman) September 6, 2022
Motion for stay should flush Trump out. Will he actually try to assert possessory interest in any of the classified documents? And after the public lambasting she’s taken, which she actually try to hold in his favor?
— Harry Litman (@harrylitman) September 8, 2022
This is not the sort of case that any young judge, however conservative, wants to be known by for all her career. And the DOJ is giving her a relatively face-saving out. It would be blunder on top of blunder if she doesn’t take advantage of it.
— Harry Litman (@harrylitman) September 9, 2022
Love how Trump and his lawyers have to be sweating it now. He can’t tell, or his lawyers can’t advance, his normal Orwellian whoppers, because there are serious consequences for lying in court. That fact has been as big a backstop for truth as anything in the last six years.
— Harry Litman (@harrylitman) September 9, 2022
Real headline of the filing: Trump isn’t making it easy for Cannon. She’s going to have to rule on the merits of the DOJ stay motion.
— Harry Litman (@harrylitman) September 10, 2022