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onenote

(42,685 posts)

15. Unfortunately, the DOJ took the opposite position in the hearing

Reply to ancianita (Reply #10)

Thu Sep 8, 2022, 01:48 AM

Sep 2022

where it argued against Trump's PRA-based arguments on the grounds that the documents weren't in possession of the Archives. While DOJ referenced the venue provision, it didn't seek, either in its pleadings or during the argument, a change of venue. Rather, it suggested that by bringing his complaint in Florida, Trump was essentially conceding that the documents weren't in the possession of the archives and thus couldn't be making PRA-based claims.

See post #13.

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Neal Katyal on Lawrence O'Donnell just now [View all] Bayard Sep 2022 OP

So who does it tavernier Sep 2022 #1

He said in another interview the way she wrote her opinion is so effed up that it opens itself mucifer Sep 2022 #2

🤞🤞🤞🤞🤞 electric_blue68 Sep 2022 #3

Yep EndlessWire Sep 2022 #4

He didn't go into great detail Bayard Sep 2022 #5

Sounds to me... 2naSalit Sep 2022 #6

Are the documents in the possession of the archives? onenote Sep 2022 #7

Yes. Biden delegated his authority to NARA to decide whether to subpoena the Trump administration pnwmom Sep 2022 #11

Yes, Biden delegated authority to NARA and it exercised that authority with respect to the January onenote Sep 2022 #13

It's the difference between ownership and physical possession. pnwmom Sep 2022 #17

Why didn't DOJ move for a change of venue. onenote Sep 2022 #18

Any documents owned by any branch or UW government are adjudicated solely in the DC Circuit. ancianita Sep 2022 #19

You can't raise venue for the first time on appeal. If you don't raise it below, its waived. onenote Sep 2022 #25

Cool. As long as it eventually gets there. ancianita Sep 2022 #26

Did you read the friend of the court brief that Cannon refused to accept? pnwmom Sep 2022 #20

Yep. And presumably so did DOJ. Yet even in their motion for stay they don't make a Section 2204 onenote Sep 2022 #24

Could it still be appealed to the Supreme Court? kentuck Sep 2022 #8

And if they don't appeal, Trump's judge could delay the investigation for months or years. nt pnwmom Sep 2022 #12

Yes. H2O Man Sep 2022 #16

TY! I've read that Cha Sep 2022 #9

Exactly what I'm talkin' 'bout. The DC Circuit is the ONLY proper jurisdiction for all this. ancianita Sep 2022 #10

Unfortunately, the DOJ took the opposite position in the hearing onenote Sep 2022 #15

But this ruling has changed things... they can do it now and should. Demsrule86 Sep 2022 #21

How exactly does the ruling change things onenote Sep 2022 #22

Recommended. H2O Man Sep 2022 #14

Kaytal says a lot of stuff. maxsolomon Sep 2022 #23