patrick.net

https://www.coffeeandcovid.com/p/hes-baaack-tuesday-august-13-2024

Finally, yesterday produced a breaking legal story that was so exciting and so encouraging that I’ll screenshot the headline for you, so you can enjoy seeing it as much as I did. Forbes:

Trump Intends To Sue DOJ
Over Mar-A-Lago Search

Boom. Yes! Yesterday, President Trump served the DOJ with a notice of claim —a required pre-suit procedure— saying he intends to sue the Department of Justice for $115 million dollars. Trump’s claims include malicious political prosecution and abuse of process.




Forbes’ article dripped with skepticism, pointing out that, since the DOJ gets 180 days to respond, Trump won’t likely file a suit until after the election. And, if Trump wins, Forbes groused, he might be unlikely to sue an agency he controls.

But to me, on the other hand, an agency Trump controls might also quickly settle with him, or it might not put up much of a defense. Either way, I thought it was telling that Forbes imagined Trump’s successful election. In its own article, NBC’s sub-headline was similarly suggestive:

The former president is seeking monetary damages from the government, which he may soon be
heading, over what his legal filing called a "malicious political prosecution."

Not only that, but Trump’s case has been buoyed by Judge Cannon’s recent decision to dismiss the Mar-a-Lago raid suit, a magnificent setback for the DOJ, which has appealed the decision. Forbes is hoping against hope. It reported that “other courts” rejected the legal grounds on which Judge Cannon relied, but Forbes ignored Supreme Court Justice Thomas’ lengthy concurrence making those exact same legal arguments.

Trump is an expert at making news despite corporate media’s best efforts to ignore him. Trump’s notice of claim joined the other recent signals that, after three difficult weeks of being the media’s human punching bag, Team Trump has quit playing defense. Now, it’s starting its offense.

Onward and upward!

Patrick says

Today, Judge Aileen Cannon will ask Special Counsel Jack Smith’s lawyers to do some ‘splainin’ about how come he got to be Special Counsel without being nominated by a president or confirmed by the Senate, which is the lawful procedure. It’s therefore possible that Judge Cannon can determine that Mr. Smith is not operating lawfully.

Jurisdiction and legitimacy of principles are always litigated extensively before any real lawsuit to establish the genuine identities of all parties, provenances and legal status in the lawsuit. This is usually 'expensive' before trial procedures or discovery even start. It's pretty clear that there are divisions of fake Federal process that are reserved for show trials and selective prosecutions. I guess you could call them Intel Agency Potemkin courts that exist only for appearance of process and optics, with all the judges, prosecutors (or even defense lawyers) pre fabbed for the fakes (Jizzlaine, Sam of FTX etc.)